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

Vol. 147 WASHINGTON, MONDAY, MAY 14, 2001 No. 65 House of Representatives The House met at 2 p.m. and was THE JOURNAL 201(b) of the International Religious called to order by the Speaker pro tem- The SPEAKER pro tempore. The Freedom Act of 1998 (22 U.S.C. 6431) pore (Mr. WOLF). Chair has examined the Journal of the amended by Public Law 106–55, the f last day’s proceedings and announces Chair announces the Speaker’s re- appointment of the following member DESIGNATION OF THE SPEAKER to the House his approval thereof. on the part of the House to the Com- PRO TEMPORE Pursuant to clause 1, rule I, the Jour- nal stands approved. mission on International Religious The SPEAKER pro tempore laid be- Freedom for a term of 2 years: f fore the House the following commu- Ms. Nina Shea, Washington, D.C. nication from the Speaker: PLEDGE OF ALLEGIANCE There was no objection. WASHINGTON, DC, The SPEAKER pro tempore. Will the f May 14, 2001. gentleman from Minnesota (Mr. OBER- I hereby appoint the Honorable FRANK R. COMMUNICATION FROM HON. RICH- STAR) come forward and lead the House WOLF to act as Speaker pro tempore on this ARD A. GEPHARDT, DEMOCRATIC in the Pledge of Allegiance. day. LEADER J. DENNIS HASTERT, Mr. OBERSTAR led the Pledge of Al- Speaker of the House of Representatives. legiance as follows: The SPEAKER pro tempore laid be- f I pledge allegiance to the Flag of the fore the House the following commu- United States of America, and to the Repub- nication from RICHARD A. GEPHARDT, PRAYER lic for which it stands, one nation under God, Democratic Leader: The Chaplain, the Reverend Daniel P. indivisible, with liberty and justice for all. CONGRESS OF THE UNITED STATES, Coughlin, offered the following prayer: f HOUSE OF REPRESENTATIVES, Lord of life and love, this weekend in Washington, DC, May 11, 2001. COMMUNICATION FROM THE celebrating Mother’s Day, we have hon- Hon. J. DENNIS HASTERT, ored a relationship very basic, truly CLERK OF THE HOUSE Speaker of the House, House of Representatives, tender and symbolic of national values. The SPEAKER pro tempore laid be- Washington, DC. Mindful of our common origin, we fore the House the following commu- DEAR MR. SPEAKER: Pursuant to section 4 ask Your blessing upon all mothers, nication from the Clerk of the House of of the Congressional Award Act (2 U.S.C. 803), I hereby appoint the following Member both living and dead, of those here Representatives: present and all the Members of this to serve on the Congressional Award Board: HOUSE OF REPRESENTATIVES, Ms. Sheila Jackson-Lee, TX. House. OFFICE OF THE CLERK, Yours Very Truly, Without our knowing it, each of us Washington, DC, May 10, 2001. RICHARD A. GEPHARDT. caused pain to a young woman just to Hon. J. DENNIS HASTERT, be born into this world. The Speaker, House of Representatives, Wash- f Make us eternally grateful for the ington, DC. A TRIBUTE TO JEAN M. LYNN, gift of life and the noble commitment DEAR MR. SPEAKER: Pursuant to the per- CLINICAL COORDINATOR, of women as mothers. mission granted to Clause 2(h) of Rule II of BREAST CARE CENTER, GEORGE Be with the mothers of this Nation the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- WASHINGTON UNIVERSITY MED- now and in the years to come. ICAL CENTER Share with them Your spirit of wis- sage from the Secretary of the Senate on May 10, 2001 at 2:48 p.m. (Mr. OBERSTAR asked and was given dom, patience, generous forgiveness, That the Senate agreed to conference re- and convincing justice. permission to address the House for 1 port H. Con. Res. 83. minute and to revise and extend his re- Help them to mold young lives so With best wishes, I am fragile to their touch into model citi- Sincerely, marks.) zens who know right from wrong, who JEFF TRANDAHL, Mr. OBERSTAR. Mr. Speaker, the are unafraid to stand up to justice yet Clerk of the House. oncology nurse may well be as close as are channels of peace. f mere mortals come to angels on earth. Help all know that in every act of These extraordinary health profes- being a mother, a woman shapes the REAPPOINTMENT OF MEMBER TO sionals must win the trust of their can- strength of this Nation. THE COMMISSION ON INTER- cer patients while injecting toxics into We are mindful of Your image in NATIONAL RELIGIOUS FREEDOM the inflicted body. They must inspire mother’s love yesterday, now and for- The SPEAKER pro tempore. Without hope of a better life in a patient who ever. Amen. objection, and pursuant to section often wonders whether the treatment

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 14-MAY-2001 01:04 May 15, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A14MY7.000 pfrm02 PsN: H14PT1 H2146 CONGRESSIONAL RECORD — HOUSE May 14, 2001 might be worse than the disease, and travels to corporate sites, as well as neighbor- regarding the Secretary’s report pursuant to they must be gentle, comforting and hoods where many women are uninsured. Section 374 of Public Law 106–398, the Floyd reassuring to an often bewildered, even Over 4,000 women have received screening D. Spence National Defense Authorization Act for FY 2001 which was due on March 15, frightened cancer victim, desperate for tests since the mobile program was launched; 2001, will now be submitted shortly along someone truly to be their advocate. more than half of the women screened are un- with additional data; to the Committee on Jean Lynn, Clinical Coordinator of insured and had never previously had a mam- Armed Services. the Breast Care Center at George mogram. 1888. A letter from the Deputy Secretary, Washington University Medical Center, Tributes of gratitude for Jean’s lectures, Department of Defense, transmitting a letter personifies all of those prized qualities conferences, mammogram services have regarding a report on the warranty claims of the ideal oncology nurse, an angel to recovery pilot program; to the Committee on poured in from the White House nurse, the Armed Services. her patients, a role model to her col- World Bank, Walter Reed Army Medical Cen- 1889. A letter from the Acting Assistant leagues. ter, the American Bar Association, Marymount Secretary, Department of Defense, transmit- One of Jean Lynn’s coworkers said it University, and countless individual women for ting a report on TRICARE Case Management best, ‘‘her patients love her and she whom Jean Lynn has opened a new window and Custodial Care Policies required by Sec- was never too busy to love them in re- on life with access to breast health care and tion 703, of the National Defense Authoriza- turn. She truly cares about each and tion Act for FY 2000; to the Committee on realistic hope for a healthful future. Armed Services. every one and becomes their advocate Jean truly believes that families come first 1890. A letter from the Chief Financial Offi- in the fight against breast cancer.’’ and is unfailingly involved in the activities of cer, Export-Import Bank of the United I witnessed Jean’s love of patients and her her children, William and daughter, Kelly, with States, transmitting a draft of proposed leg- enthusiasm for service to society during the the loving support of her husband, David islation, ‘‘To amend the Export-Import Bank years my beloved wife, Jo, was in her care at Gearin. Act of 1945, as amended’’; to the Committee the GW oncology unit, more than a decade on Financial Services. Mr. Speaker, I know that Jean Lynn’s tire- 1891. A letter from the Acting Assistant ago. less pursuit of the very best in breast health Secretary, OSHA, Department of Labor, Jean Lynn, a creative health professional, care will continue to post milestones of ever- transmitting the Department’s final rule— blessed with a restless, pioneering spirit, greater achievements in the years to come. I Ergonomics Program [Docket No. S–777] charted a new frontier in the field of breast can only say in the words of my late, dear, Jo: (RIN: 1218–AB36) received May 14, 2001, pursu- health, when she launched the first mobile ‘‘God bless you and love you, Jean Lynn.’’ ant to 5 U.S.C. 801(a)(1)(A); to the Committee mammogram program in Washington, D.C., on Education and the Workforce. f 1892. A letter from the Deputy Associate designed to reach women in the under served DISPENSING WITH CALL OF PRI- Administrator, Environmental Protection community. She is founder of the Harvest Agency, transmitting the Agency’s final Moon Classic 10 K Run/5 K Walk, to increase VATE CALENDER ON TUESDAY, rule—Approval and Promulgation of Air awareness about breast cancer and to raise MAY 15, 2001 Quality Implementation Plans; State of funds for the breast care center. Jean also Mr. OBERSTAR. Mr. Speaker, I ask Maryland; Approval of Revisions to Volatile puts her boundless energy to work on behalf unanimous consent that the call of the Organic Compounds Regulations and Mis- of innovative programs to improve women’s cellaneous Revisions [MD 064/109/111/113– Private Calendar be dispensed with on 3065a; FRL–6973–3] received May 1, 2001, pur- health and advocating for legislation to help Tuesday, May 15, 2001. suant to 5 U.S.C. 801(a)(1)(A); to the Com- women diagnosed with breast cancer, but are The SPEAKER pro tempore. Is there mittee on Education and the Workforce. unable to afford treatment. objection to the request of the gen- 1893. A letter from the Deputy Associate From the very beginning of her career as an tleman from Minnesota? Administrator, Environmental Protection oncology nurse in the 1970s, Jean Lynn has There was no objection. Agency, transmitting the Agency’s final understood the importance of education, pre- rule—Allocation of Fiscal Year 2001 Youth f vention, and early detection of breast cancer. and the Environment Training and Employ- ADJOURNMENT ment Program Funds—received May 1, 2001, I recall very distinctly during the years when pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- my wife, Jo, was in her care, Jean’s ‘‘brain- Mr. OBERSTAR. Mr. Speaker, I move mittee on Energy and Commerce. storming’’ the need for a special place where that the House do now adjourn. 1894. A letter from the Chairman, Nuclear women’s concerns for and fears of breast The motion was agreed to; accord- Waste Technical Review Board, transmitting health and breast cancer could be addressed. ingly (at 2 o’clock and 7 minutes p.m.), the Board’s report entitled, ‘‘Report to the It would be a monumental task to establish U.S. Congress and the Secretary of Energy’’ under its previous order, the House ad- for January to December 2000, pursuant to 42 such a facility, but Jean charged forward, de- journed until tomorrow, Tuesday, May U.S.C. 10268; to the Committee on Energy veloping a business plan, defining the mission 15, 2001, at 12:30 p.m., for morning hour and Commerce. of such a center, proposing appropriate staff debates. 1895. A letter from the Chairman, Commis- sion on International Religious Freedom, positions for multi-disciplinary approach to the f issue, and secured the funding to establish the transmitting the Commission’s Annual Re- Breast Cancer Center. In the process, Jean EXECUTIVE COMMUNICATIONS, port, pursuant to 22 U.S.C. 6412 Public Law trained and became certified in 1991 for ETC. 105–292 section 102; to the Committee on International Relations. Mammacare, a comprehensive method of Under clause 8 of rule XII, executive 1896. A letter from the Executive Director, breast self-exam. Later, she became the As- communications were taken from the District of Columbia Retirement Board, sociate Director of Training for the Speaker’s table and referred as follows: transmitting the Board’s annual report for Mammatech Corporation, training other 1884. A letter from the Deputy Associate fiscal year 2000, pursuant to D.C. Code sec- Mammacare specialists. Administrator, Environmental Protection tion 1–732 and 1–734(a)(1)(A); to the Com- The GW Breast Care Center offers diag- Agency, transmitting the Agency’s final mittee on Government Reform. 1897. A letter from the Interim Director, rule—Forchlorfenuron; Time-Limited Pes- noses and treatment for benign and malignant Court Services and Offender Supervision ticide Tolerance [OPP–301122; FRL–6781–4] diseases, as well as education and psycho-so- Agency for the District of Columbia, trans- (RIN: 2070–AB78) received May 2, 2001, pursu- cial support for patients and their families. In mitting the Agency’s FY 2002 Budget Re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee addition, Jean Lynn saw the need to establish quest and Annual Performance Plan; to the on Agriculture. Committee on Government Reform. a resource library specifically dedicated to 1885. A letter from the Deputy Secretary, breast health issues in response to the lack of 1898. A letter from the Secretary, Depart- Department of Defense, transmitting the Na- ment of Agriculture, transmitting the De- available information and credible sources— tional Defense Stockpile Requirements Re- partment’s Annual Program Performance and the need to have such material gathered port for 2001, pursuant to 50 U.S.C. 98h–5; to Report for FY 2000; to the Committee on in one location so that patients and their fami- the Committee on Armed Services. Government Reform. lies can readily access this valuable informa- 1886. A letter from the Principal Deputy 1899. A letter from the Assistant Director tion. Under Secretary, Acquisition and Tech- for Executive and Political Personnel, De- Jean Lynn’s vision of the mobile mammog- nology, Department of Defense, transmitting partment of Defense, transmitting a report a letter submitting revisions to both the FY raphy program reached fruition in September pursuant to the Federal Vacancies Reform 2001 and FY 2002 Annual Materials Plans Act of 1998; to the Committee on Govern- 1996 when the Mammovan was launched (AMPs); to the Committee on Armed Serv- ment Reform. under the sponsorship of the Cancer Re- ices. 1900. A letter from the Assistant Director search Foundation of America and the GW 1887. A letter from the Deputy Secretary, for Executive and Political Personnel, De- University Medical Center. The Mammovan Department of Defense, transmitting a letter partment of Defense, transmitting a report

VerDate 14-MAY-2001 00:06 May 15, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K14MY7.004 pfrm02 PsN: H14PT1 May 14, 2001 CONGRESSIONAL RECORD — HOUSE H2147

pursuant to the Federal Vacancies Reform rect information contained in the National Mrs. THURMAN, Ms. BROWN of Florida, Act of 1998; to the Committee on Govern- Ignition Facility follow-up letter submitted Mr. FOLEY, Mr. BOYD, Mr. LEWIS of ment Reform. to Congress on April 13, 2001; jointly to the Georgia, Mr. ISAKSON, Mr. DEAL of 1901. A letter from the Assistant Director Committees on Armed Services and Appro- Georgia, Mr. BISHOP, Mr. KINGSTON, for Executive and Political Personnel, De- priations. Mr. CHAMBLISS, Mr. COLLINS, Ms. partment of Defense, transmitting a report 1913. A letter from the Managing Director, MCKINNEY, Mr. NORWOOD, Mr. ROGERS pursuant to the Federal Vacancies Reform Financial Management and Assurance, Gen- of Kentucky, Mr. WHITFIELD, Mr. Act of 1998; to the Committee on Govern- eral Accounting Office, transmitting a report FLETCHER, Mr. LEWIS of Kentucky, ment Reform. entitled, ‘‘FINANCIAL AUDIT: Capitol Pres- Mr. LUCAS of Kentucky, Mr. BAKER, 1902. A letter from the Assistant Director ervation Fund’s Fiscal Years 2000 and 1999 Mr. VITTER, Mr. MCCRERY, Mr. for Budget and Administration, Executive Financial Statements,’’ pursuant to 31 COOKSEY, Mr. JEFFERSON, Mr. JOHN, Office of the President, transmitting a report U.S.C. section 9105(a)(4); jointly to the Com- Mr. TAUZIN, Mr. OLVER, Mr. NEAL of pursuant to the Federal Vacancies Reform mittees on House Administration and Gov- Massachusetts, Mr. CAPUANO, Mr. Act of 1998; to the Committee on Govern- ernment Reform. WYNN, Mr. BARTLETT of Maryland, ment Reform. 1914. A letter from the Acting Assistant Mr. HOYER, Mr. GILCHREST, Mr. 1903. A letter from the Chair, United States Secretary for Legislative Affairs, Depart- CUMMINGS, Mr. EHRLICH, Mrs. Sentencing Commission, transmitting ment of State, transmitting certification MORELLA, Mr. CARDIN, Mr. BALDACCI, amendments to sentencing guidelines, policy that shrimp harvested with technology that Mr. ALLEN, Mr. AKIN, Mrs. EMERSON, statements, and official commentary; to the may adversely affect certain species of sea Mr. HULSHOF, Mr. GRAVES, Mr. Committee on the Judiciary. turtles may not be imported into the United BLUNT, Ms. MCCARTHY of Missouri, 1904. A letter from the Director, Federal States unless the President makes specific Mr. SKELTON, Mr. TAYLOR of Mis- Emergency Management Agency, transmit- certifications to the Congress annually by sissippi, Mr. PICKERING, Mr. WICKER, ting notification that funding under title V May 1, pursuant to Public Law 101–162, sec- Mr. SHOWS, Mr. THOMPSON of Mis- of the Robert T. Stafford Disaster Relief and tion 609(b)(2) (103 Sat. 1038); jointly to the sissippi, Mr. MCINTYRE, Mr. PRICE of Emergency Assistance Act, as amended, will Committees on Resources and Appropria- North Carolina, Mr. BALLENGER, Mrs. exceed $5 million for the response to the tions. MYRICK, Mr. HAYES, Mr. BURR of emergency declared on December 4, 2000 as a North Carolina, Mr. WATT of North result of snow which severely impacted the f Carolina, Mr. COBLE, Mrs. CLAYTON, State of New York on November 19–21, 2000, REPORTED BILL SEQUENTIALLY Mr. TAYLOR of North Carolina, Mr. pursuant to 42 U.S.C. 5193; to the Committee REFERRED JONES of North Carolina, Mr. BASS, on Transportation and Infrastructure. Mr. ANDREWS, Mr. FERGUSON, Mr. 1905. A letter from the Deputy Assistant Under clause 2 of rule XII, bills and FRELINGHUYSEN, Mrs. ROUKEMA, Mr. Secretary of the Army, Department of De- reports were delivered to the Clerk for SAXTON, Mr. HOLT, Mr. LOBIONDO, Mr. fense, transmitting the Department’s final printing, and bills referred as follows: ACKERMAN, Mr. FOSSELLA, Mr. ENGEL, Mr. GRUCCI, Mrs. KELLY, Mr. KING, rule—United States Marine Corps Restricted Mr. BOEHNER: Committee on Education Mr. LAFALCE, Mrs. LOWEY, Mrs. Area, New River, North Carolina, and Vicin- and the Workforce. H.R. 1. A bill to close the MCCARTHY of New York, Mr. MCNUL- ity—received May 3, 2001, pursuant to 5 achievement gap with accountability, flexi- TY, Mr. MEEKS of New York, Mr. NAD- U.S.C. 801(a)(1)(A); to the Committee on bility, and choice, so that no child is left be- LER, Mr. RANGEL, Mr. REYNOLDS, Ms. Transportation and Infrastructure. hind, with an amendment (Rept. 107–63, Pt. 1906. A letter from the Acting Secretary of SLAUGHTER, Mr. TOWNS, Mr. GILMAN, 1); referred to the Committee on the Judici- the Army, Department of Defense, transmit- Mr. QUINN, Mr. WALSH, Mr. BOEH- ary for a period ending not later than May ting the feasibility report and environmental LERT, Mr. HOUGHTON, Mr. MCHUGH, 15, 2001, for consideration of such provisions assessment for Salt Creek, Graham, TX, pur- Mr. SWEENEY, Mr. CROWLEY, Mr. HIN- of the bill and amendment as fall within the suant to Section 101(a)(30) of the Water Re- CHEY, Mr. WEINER, Mr. ISRAEL, Mr. jurisdiction of that committee pursuant to sources Development Act (WRDA) of 1999; to LATOURETTE, Mr. WATKINS, Mr. CAR- clause 1(k), rule X. the Committee on Transportation and Infra- SON of Oklahoma, Mr. GREENWOOD, structure. f Mr. WELDON of Pennsylvania, Mr. 1907. A letter from the Acting Adminis- PITTS, Mr. ENGLISH, Mr. PETERSON of PUBLIC BILLS AND RESOLUTIONS trator, General Services Administration, Pennsylvania, Ms. HART, Mr. MAS- transmitting an informational copy of an al- Under clause 2 of rule XII, public CARA, Mr. KANJORSKI, Mr. DOYLE, Mr. teration prospectus for the Federal Trade bills and resolutions of the following HOEFFEL, Mr. HOLDEN, Mr. PLATTS, Commission building in Washington, DC, titles were introduced and severally re- Mr. GEKAS, Mr. BRADY of Pennsyl- pursuant to 40 U.S.C. 606(a); to the Com- ferred, as follows: vania, Mr. BORSKI, Mr. FATTAH, Mr. mittee on Transportation and Infrastruc- KENNEDY of Rhode Island, Mr. ture. By Mr. TOM DAVIS of Virginia: LANGEVIN, Mr. CLYBURN, Mr. SPENCE, 1908. A letter from the Acting Adminis- H.R. 1824. A bill to increase the rate of pay Mr. SPRATT, Mr. GRAHAM, Mr. JEN- trator, General Services Administration, for certain offices and positions within the KINS, Mr. FORD, Mr. HILLEARY, Mr. transmitting an informational copy of the executive and judicial branches of the Gov- WAMP, Mr. TANNER, Mr. TURNER, Ms. fiscal year 2002 GSA’s Public Buildings Serv- ernment, respectively, and for other pur- JACKSON-LEE of Texas, Mr. LAMPSON, ice Capital Investment and Leasing Pro- poses; to the Committee on Government Re- Mr. SANDLIN, Mr. BENTSEN, Mr. BOU- gram, pursuant to 40 U.S.C. 606(a); to the form, and in addition to the Committee on CHER, Mr. GOODE, Mr. WOLF, Mr. Committee on Transportation and Infra- the Judiciary, for a period to be subse- SCOTT, Mr. SANDERS, Mr. RAHALL, structure. quently determined by the Speaker, in each Mr. MOLLOHAN, Mrs. CAPITO, and Mr. 1909. A letter from the Director, Office of case for consideration of such provisions as FROST): Regulations Management, Department of fall within the jurisdiction of the committee H.R. 1827. A bill to reauthorize the consent Veterans’ Affairs, transmitting the Depart- concerned. of Congress to the Northeast Interstate ment’s final rule—Disease Associated With By Mr. BARRETT: Dairy Compact and to grant the consent of Exposure to Certain Herbicide Agents: Type H.R. 1825. A bill to amend the Electronic Congress to the Southern Dairy Compact, a 2 Diabetes (RIN: 2900–AK63) received May 4, Fund Transfer Act to safeguard consumers in Pacific Northwest Dairy Compact, and an 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the connection with the utilization of certain Intermountain Dairy Compact; to the Com- Committee on Veterans’ Affairs. debit cards; to the Committee on Financial mittee on the Judiciary. 1910. A letter from the Director, Office of Services. By Mr. SAWYER: Regulations Management, Department of By Mr. DUNCAN: H.R. 1828. A bill to require the President to Veterans’ Affairs, transmitting the Depart- H.R. 1826. A bill to amend the Higher Edu- report annually to the Congress on the ef- ment’s final rule—Reasonable Charges for cation Act of 1965 to reauthorize the Alter- fects of the imposition of unilateral eco- Medical Care or Services (RIN: 2900–AK73) re- nate Routes to Teacher Certification and Li- nomic sanctions by the United States; to the ceived May 2, 2001, pursuant to 5 U.S.C. censure program; to the Committee on Edu- Committee on International Relations, and 801(a)(1)(A); to the Committee on Veterans’ cation and the Workforce. in addition to the Committees on Ways and Affairs. By Mr. HUTCHINSON (for himself, Mr. Means, and Financial Services, for a period 1911. A communication from the President SHERWOOD, Mr. ETHERIDGE, Mr. to be subsequently determined by the Speak- of the United States, transmitting a legisla- MCGOVERN, Mr. ADERHOLT, Mr. CAL- er, in each case for consideration of such pro- tive agenda for international trade; (H. Doc. LAHAN, Mr. HILLIARD, Mr. RILEY, Mr. visions as fall within the jurisdiction of the committee concerned. No. 107–69); to the Committee on Ways and BACHUS, Mr. EVERETT, Mr. CRAMER, Means and ordered to be printed. Mr. BERRY, Mr. ROSS, Mr. SNYDER, f 1912. A letter from the Acting Deputy Ad- Mr. MALONEY of Connecticut, Ms. MEMORIALS ministrator for Defense Programs, National DELAURO, Mr. LARSON of Con- Nuclear Security Administration, Depart- necticut, Mrs. JOHNSON of Con- Under clause 3 of rule XII, memorials ment of Energy, transmitting a letter to cor- necticut, Mr. SIMMONS, Mr. CASTLE, were presented and referred as follows:

VerDate 14-MAY-2001 00:06 May 15, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\L14MY7.000 pfrm02 PsN: H14PT1 H2148 CONGRESSIONAL RECORD — HOUSE May 14, 2001 53. The SPEAKER presented a memorial of 61. Also, a memorial of the Legislature of legiate and Amateur Athletic Protection Act the Legislature of the State of Washington, the State of Idaho, relative to House Joint of 2001; jointly to the Committees on the Ju- relative to Senate Joint Resolution 8019 me- Memorial No. 8 memorializing the United diciary and Education and the Workforce. morializing the Secretary of Agriculture to States Congress to take actions deemed nec- 70. Also, a memorial of the Legislature of review the department’s policies regarding essary for the success of the Clearwater the State of New Mexico, relative to House the conservation reserve enhancement pro- Basin Elk Habitat Initiative; to the Com- Joint Memorial 60 memorializing the United gram and alter those policies to allow the in- mittee on Resources. States Congress to strengthen requirements clusion in the program of lands that are cur- 62. Also, a memorial of the Senate of the for inspection and maintenance of all pipe- rently used to produce perennial horti- Commonwealth of The Mariana Islands, rel- lines that carry potentially dangerous, ex- cultural crops; to the Committee on Agri- ative to Senate Resolution No. 12–33 memori- plosive or environmentally hazardous sub- culture. alizing the United States Congress to adopt stances; jointly to the Committees on Trans- 54. Also, a memorial of the General Assem- an amendment to the Constitution of the portation and Infrastructure and Energy and bly of the State of Ohio, relative to Senate United States, to add a new article on the Commerce. Resolution 126 memorializing the United Subject of Judicial Taxation; to the Com- States Congress to reintroduce and pass the mittee on the Judiciary. f New Markets for State-Inspected Meat Act 63. Also, a memorial of the Legislature of as a means of assisting small meat-packing the State of Idaho, relative to House Joint ADDITIONAL SPONSORS operations and to restore fairness to the Memorial No. 6 memorializing the United Under clause 7 of rule XII, sponsors meat industry in this country; to the Com- States Congress to support congressional en- were added to public bills and resolu- mittee on Agriculture. actment of federal property rights legisla- 55. Also, a memorial of the Legislature of tion which would at a minimum include tions as follows: the State of Montana, relative to House codification of the requirements of Execu- H.R. 31: Mr. SKEEN. Joint Resolution 44 memorializing the tive Order 12630; to the Committee on the Ju- H.R. 394: Mr. MCHUGH, Mr. REHBERG, and United States Congress for federal interven- diciary. Mr. SMITH of New Jersey. tion to stabilize wholesale electricity prices 64. Also, a memorial of the House of Rep- H.R. 612: Mr. SCOTT, Mr. GONZALEZ, Ms. in the west; to the Committee on Energy and resentatives of the State of Michigan, rel- DEGETTE, Ms. BROWN of Florida, Mr. HONDA, Commerce. ative to House Resolution No. 63 memori- and Mr. PAYNE. 56. Also, a memorial of the Legislature of alizing the United States Congress to inves- H.R. 622: Mr. HOYER, Ms. JACKSON-LEE of the State of Idaho, relative to House Joint tigate airfare pricing, especially in markets Texas, Mr. KENNEDY of Minnesota, Ms. Memorial No. 7 memorializing the United where mergers have eroded competition; to MCKINNEY, Mr. OWENS, Mr. ROGERS of Ken- States Congress to support the amendment the Committee on Transportation and Infra- tucky, Mr. ISSA, and Ms. NORTON. to 42 U.S.C. Section 1396p (Liens, Adjust- structure. H.R. 638: Mr. PALLONE. ments and Recoveries), to exempt veterans 65. Also, a memorial of the Legislature of H.R. 746: Mr. MORAN of Kansas. in State Veterans Homes from having liens the State of Idaho, relative to House Joint H.R. 868: Mr. BONILLA, Mr. FORD, Mr. placed on their property if they participate Memorial No. 2 memorializing the United UNDERWOOD, Mr. BRADY of Pennsylvania, Mr. in the Medicaid Program; to the Committee States Congress to restore the daily pas- GILCHREST, Mr. SCHROCK, Mr. BOSWELL, Mr. on Energy and Commerce. senger rail service of the Pioneer; to the FRANK, Mrs. CHRISTENSEN, Mr. HINOJOSA, Mr. 57. Also, a memorial of the Legislature of Committee on Transportation and Infra- REHBERG, Mr. HOEFFEL, Mr. QUINN, Ms. WA- the State of Idaho, relative to House Joint structure. TERS, Mr. SPRATT, Mr. WELDON of Florida, Memorial No. 9 memorializing the United 66. Also, a memorial of the Legislature of Mr. HAYES, Mr. LATHAM, and Mr. KOLBE. State Congress to urge the Secretary of the State of Washington, relative to Senate H.R. 1090: Mr. ENGLISH, Mr. GORDON, Mr. State or other appropriate officials, to facili- Joint Memorial 8016 memorializing the BONILLA, Ms. HOOLEY of Oregon, and Mr. tate discussions between the interested par- United States Congress to emphasize the im- RYUN of Kansas. ties in order to provide redress for the Amer- portance of the free and fair trade of upland H.R. 1161: Mr. HYDE. ican soldiers who were taken as prisoners of aquacultural products in its relations with H.R. 1330: Mr. WHITFIELD. war by the Japanese government during the government of Canada; to the Committee H.R. 1331: Mr. OSE, Mr. CALVERT, Mr. HYDE, World War II and forced to perform slave on Ways and Means. and Mr. PENCE. labor under inhumane conditions for the ben- 67. Also, a memorial of the Legislature of H.R. 1406: Ms. BROWN of Florida. efit of private Japanese companies; to the the State of Idaho, relative to House Joint H.R. 1545: Mr. ISAKSON. Committee on International Relations. Memorial No. 10 memorializing the United H.R. 1553: Mr. SMITH of Texas, Mrs. 58. Also, a memorial of the Legislature of States Congress that we endorse President TAUSCHER, and Mr. MCDERMOTT. the State of Alaska, relative to Legislative George W. Bush’s plan for cutting taxes and H.R. 1644: Mr. TAYLOR of Mississippi, Mr. Resolution No. 5 memorializing the United we respectfully request that Congress enact LUCAS of Kentucky, Mr. STENHOLM, Mr. PE- States Congress to pass legislation to open necessary measures to implement the Presi- TERSON of Minnesota, Mr. LINDER, Mr. HOEK- the coastal plain of the Arctic National dent’s tax relief plan; to the Committee on STRA, Mr. ISTOOK, Mr. HAYES, MR. SCAR- Wildlife Refuge, Alaska, to oil and gas explo- Ways and Means. BOROUGH, MR. HYDE, Mr. WAMP, Mr. ration, development, and production; to the 68. Also, a memorial of the Legislature of HULSHOF, Mr. STEARNS, Mr. COOKSEY, Mr. Committee on Resources. the State of Idaho, relative to House Joint GARY G. MILLER of California, Mr. KELLER, 59. Also, a memorial of the Legislature of Memorial No. 1 memorializing the United and Mr. PENCE. the State of Idaho, relative to House Joint States Congress to make it so no amend- H.R. 1781: Mr. SPRATT, Mrs. BONO, and Mr. Memorial No. 4 memorializing the United ments or other modifications be made to the LARSON of Connecticut. States Congress to direct the National Park Electoral College system and that the Elec- H.R. 1802: Mr. CARDIN. Service to stop closing land to hunting with- toral College be continued in its present H. Con. Res. 4: Mr. ROTHMAN and Ms. ROS- in the expanded Craters of the Moon Na- form for all future presidential elections; LEHTINEN. tional Monument; to the Committee on Re- jointly to the Committees on House Admin- H. Con. Res. 81: Mr. BERMAN and Mr. KIL- sources. istration and the Judiciary. DEE. 60. Also, a memorial of the Legislature of 69. Also, a memorial of the Legislature of H. Res. 116: Mr. BRADY of Texas, Mr. the State of Idaho, relative to House Joint the State of Nevada, relative to Assembly ENGLISH, Mr. FOSSELLA, Mr. ISAKSON, Ms. Memorial No. 5 memorializing the United Joint Resolution 6 memorializing the United KAPTUR, Mr. KINGSTON, Mrs. MCCARTHY of States Congress that wolf recovery efforts in States Congress to refrain from enacting any New York, Ms. MCCOLLUM, Mrs. MINK of Ha- Idaho be discontinued immediately, and measure to repeal the ability of Nevada to li- waii, Mr. NEAL of Massachusetts, Mr. wolves be removed by whatever means nec- cense and regulate sports wagering in its PLATTS, Mr. RAMSTAD, MR. REYES, MR. ROG- essary; to the Committee on Resources. current form and to enact the National Col- ERS of Michigan, and Mr. SHIMKUS.

VerDate 14-MAY-2001 00:06 May 15, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\L14MY7.001 pfrm02 PsN: H14PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, MONDAY, MAY 14, 2001 No. 65 Senate The Senate met at 12 noon and was to the Senate from the President pro ENERGY POLICY called to order by the Honorable PAT tempore (Mr. THURMOND). Mr. WYDEN. Mr. President, the peo- ROBERTS, a Senator from the State of The assistant legislative clerk read ple of this country always come Kansas. the following letter: through when there are tough prob- U.S. SENATE, PRAYER lems, as long as they know everyone is PRESIDENT PRO TEMPORE, pitching in and doing their fair share. Washington, DC, May 14, 2001. The Chaplain, Dr. Lloyd John That is the problem with much of Ogilvie, offered the following prayer: To the Senate: Under the provisions of rule I, paragraph 3, what is coming out of Washington, DC, Almighty God, a week of responsibil- of the Standing Rules of the Senate, I hereby today, when it comes to this country’s ities stretches out before us. As we face appoint the Honorable PAT ROBERTS, a Sen- energy policy. Oregonians are telling them, we thank You for Winston ator from the State of Kansas, to perform me, for example, at townhall meetings Churchill’s reminder that ‘‘the price of the duties of the Chair. that what alarms them about the en- greatness is responsibility.’’ Father, STROM THURMOND, ergy debate in Washington, DC, is that President pro tempore. You have entrusted the Senators with it seems everybody is supposed to heavy responsibilities. Thank You that Mr. ROBERTS thereupon assumed tighten their belt except for the power- You will not ask more from them than the chair as Acting President pro tem- ful. I don’t believe that passes the fair- You will give the strength to carry. pore. ness test for most Americans. Even Help them to draw on Your artesian f business leaders at home tell me the wells of wisdom, insight, discernment, country just is not going to rally be- and vision. Be with them in the lonely RESERVATION OF LEADER TIME hind an energy plan that is not bal- hours of decisionmaking, of conflict The ACTING PRESIDENT pro tem- anced, an energy plan that does not over issues, and the ruthless demands pore. Under the previous order, leader- say: Everybody has to do their fair of overloaded schedules. Tenderly whis- ship time is reserved. share. per in their souls the reassurance, ‘‘I There is not a whole lot of balance in have placed you here and will not leave f a plan that would open up the Arctic you, nor forsake you.’’ In Your grace, MORNING BUSINESS National Wildlife Refuge to drilling be with their families; watch over now, although it will not produce any them; and reassure the Senators that The ACTING PRESIDENT pro tem- gas for at least 8 to 10 years, when our You care for the loved ones of those pore. Under the previous order, there consumers are getting clobbered at the who assume heavy responsibilities for will now be a period for the transaction gas pump today. You. May responsibility come to mean of morning business not to extend be- ‘‘respondability,’’ a response of trust in yond the hour of 2 p.m. with Senators Where is the balance in a plan that You to carry out what You have en- permitted to speak therein for up to 10 cuts funding for renewable energy— trusted to them. In the name of Him minutes each. Under the previous solar, wind, and geothermal—while who lifts burdens and carries the load. order, the time until 1 p.m. shall be building as many as 1,900 new power- Amen. under the control of the Senator from plants? Where is the balance in a plan Illinois, Mr. DURBIN, or his designee. that would provide large new tax f The distinguished Senator from Ne- breaks for the energy industry and PLEDGE OF ALLEGIANCE vada is recognized. tells consumers the answer is to spend The Honorable HARRY REID, a Sen- Mr. REID. Mr. President, I suggest their tax relief on misguided energy ator from the State of Nevada, led the the absence of a quorum. policies? With all due respect, the idea Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- that Americans should have to use their much needed tax relief to prop up I pledge allegiance to the Flag of the pore. The clerk will call the roll. United States of America and to the Repub- The assistant legislative clerk pro- ill-conceived energy policies is the ulti- lic for which it stands, one nation under God, ceeded to call the roll. mate in throwing good money after indivisible, with liberty and justice for all. Mr. WYDEN. Mr. President, I ask bad. f unanimous consent that the order for I want to take a few minutes to talk the quorum call be rescinded. about where I think Congress ought to APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- go with respect to the energy issue and PRESIDENT PRO TEMPORE pore. Without objection, it is so or- what could constitute some of the core The PRESIDING OFFICER. The dered. The distinguished Senator from principles of an effective bipartisan en- clerk will please read a communication Oregon is recognized. ergy policy.

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

S4851

. S4852 CONGRESSIONAL RECORD — SENATE May 14, 2001 First, it is time to provide significant 600 gasoline stations in just a few States said that Americans should use and real financial rewards for conserva- years. It is true in much of the country their tax relief as the primary way to tion. Everybody talks about conserva- that three or four companies control deal with the energy crisis in this tion. We all know it makes sense to delivery of gas at the pump. Unfortu- country. I don’t think Americans conserve energy. But there are very nately, the Federal Government seems ought to have to use their much needed few actual financial rewards for con- to have taken the position with respect tax relief to prop up misguided energy serving. I think it is time to put real to competition that, unless you have a policies. I think that is just throwing dollars behind those who are willing to handful of big energy producers good money after bad. I think it is im- make the tough decisions with respect huddled up, say, at a steak house in a portant—and the distinguished Pre- to conservation. For example, if it is a downtown hotel dividing up energy siding Officer, the Senator from Kan- hardship to move your energy use from markets, there is really nothing wrong. sas, and I have home roots in a place peak hours to times when demand is In fact, we learned last week that that knows something about energy lower, let’s reward that financially. even though west coast gasoline mar- production—to create incentives for Let’s reward real-time pricing so as to kets are being redlined—there is sig- energy production in this country. I take steps that are meaningful to de- nificant evidence that those west coast think it is possible to do it while re- crease electric power shortages that gasoline markets are being redlined— warding those who are going to meet are now causing price spikes and black- the Federal Government is not pre- tough environmental standards. outs. pared, under the laws as written today, So I am hopeful that this week, as Second, I think it is time to lift the to take significant action to deal with Congress focuses on energy policies and veil of secrecy around energy markets it. the President unveils his proposal, that Just because something is not illegal in this country. It is clear that energy we recognize this country is ready for doesn’t mean it is not anti-consumer is being commoditized, but it is not bold and bipartisan leadership on the and that it does not have anti-competi- possible to get real information about energy issue. This Congress can provide tive ramifications. So I think it is ex- supply and demand and transmission, it. We can insist on policies that make tremely important we look now to which is what is needed when energy is sense for the environment and for con- steps that actually produce competi- being bought and sold in markets all sumers and for the energy industry, tion in the gasoline markets rather across this country. but it has to be a policy that says ev- than to conclude that just because you In electricity markets today, power erybody does their fair share. It has to is, in fact, being traded as a com- do not have energy producers huddled up at a steak house dividing markets be a policy that says everybody has to modity, but basic information about be part of the solution and we are not how electric power systems and mar- everything is all right. Finally, it seems to me that good just going to say to the country: You kets work is just unavailable in much science ought to be the basis of a bipar- tighten your belts while the power folk of the United States. If electricity is tisan effort to address our energy pre- get a free ride. going to be traded as a commodity, let dicament in this country. The Vice I believe it is possible to bring to- the Congress take steps to ensure ac- President recently stated the United gether responsible leaders in industry, cess to information so those markets States has to build 1,300 powerplants to the environmental sector, and the con- can function efficiently. meet projected increases in demand for sumer movement to create an energy I intend to introduce legislation energy over the next 20 years. However, policy that will get us beyond the very shortly to ensure that Americans in scientists at the Energy Department’s difficult months ahead and build a every part of this country can get ac- National Laboratories recently said sound foundation for the future. cess to information about transmission that new technologies could reduce I yield the floor. capability, outages, and the informa- projected growth in energy demand by Mr. President, I suggest the absence tion that is needed to be in a position 20 percent to 47 percent, which could of a quorum. to make energy markets work in a fair translate into as many as 600 fewer The ACTING PRESIDENT pro tem- way. powerplants. pore. The clerk will call the roll. Third, to encourage responsible Certainly on a bipartisan basis this The senior assistant bill clerk pro- power production, reward developers Senate can agree that we cannot ignore ceeded to call the roll. who demonstrate a commitment to the science. More efficient trans- Mr. THOMAS. Mr. President, I ask good environmental policy. I do not mission lines, moving away from the unanimous consent that the order for think energy production and meeting old model of a central powerplant and the quorum call be rescinded. this country’s environmental needs towards cleaner energy with combus- The ACTING PRESIDENT pro tem- ought to be mutually exclusive. There tion-free fuel cell technology, is just pore. Without objection, it is so or- are ways to do both. I think there one of the options available. When it dered. ought to be an effort by Congress to re- comes to the oil and gas sector, that Mr. THOMAS. Mr. President, I ask ward energy developers who meet fuel cell technology could be making unanimous consent to be able to speak tough environmental standards by cars run cleaner and more efficiently for 10 minutes as if in morning busi- moving them to the head of the line, within a few years. Instead of sub- ness. the head of the queue for permits. This sidizing just the old fossil fuel indus- The ACTING PRESIDENT pro tem- country needs new powerplants. I think tries with an energy proposal that pore. Without objection, it is so or- there is bipartisan support for that ef- says, go do your thing, our energy pol- dered. fort. But we ought to say to power pro- icy could be jump-starting a variety of f ducers and power generators, when you renewable energy technologies with are going to be an environmental lead- RURAL MENTAL HEALTH real promise for the future. ACCESSIBILITY ACT OF 2001 er, we are going to move you to the What I have discussed today—first, head of the regulatory queue. financial rewards for conservation; sec- Mr. THOMAS. Mr. President, last Fourth, we need to bring free enter- ond, lifting the veil of secrecy around week we had the opportunity to intro- prise back into the energy markets. In energy markets; third, creating incen- duce a bill called the ‘‘Rural Mental my home State of Oregon, four compa- tives for energy developers to comply Health Accessibility Act of 2001.’’ nies essentially control 70 percent of with tough environmental laws; fourth, I am pleased to be joined by Senators the gas that is sold at the pump. I be- bringing some free enterprise back into CONRAD, DOMENICI, JOHNSON, ROBERTS, lieve if there were real competition at energy markets; and, fifth, looking at and NELSON from Nebraska to bring the gas pump, prices would come down. the science that comes out of the En- forward the opportunity for us to Competition works in Oregon and ergy Department itself—are five initia- strengthen medical provisions for men- across this country. But a variety of tives that the Senate could use on a bi- tal health in rural States in particular. anti-competitive practices are squeez- partisan basis to build a sensible en- As you might imagine, rural States ing competition out of the oil industry. ergy policy. have many unique problems. We have I do not think it is an accident that I was struck at the end of last week small towns and small cities where not people of my State have lost more than when the President of the United all medical specialties are present. We May 14, 2001 CONGRESSIONAL RECORD — SENATE S4853 have to build sort of a network of deed, we know that it is, and especially people to provide these kinds of serv- health care for small towns. One of the in rural communities. ices. things that has been most difficult to I must tell you, frankly, that I am So, first of all, I thank the Presiding provide in those rural areas is mental surprised at the suicide rate in a rural Officer for being a sponsor, but also I health in small towns where kids need State such as Wyoming, which is high- thank him for the time and the support some counseling, and where there are er than most places. It really points he has given to helping those in need of real problems with no one there who is out the need for the kind of health health care and mental health care. a specialist in mental health. services that we are hoping to provide. I suggest the absence of a quorum. This Rural Mental Health Accessi- It creates an Interdisciplinary Grant The ACTING PRESIDENT pro tem- bility Act reflects on those unique Program; permits universities and pore. The clerk will call the roll. needs and provides States and local other entities to establish inter- The senior assistant bill clerk pro- communities flexibility. disciplinary training programs so they ceeded to call the roll. The Federal programs that assist in can provide, hopefully, training for Mr. THOMAS. Mr. President, I ask health care needs in Wyoming are dif- these kinds of health providers. unanimous consent that the order for ferent than they are in Pennsylvania, Mental health and primary care pro- the quorum call be rescinded. or in Rhode Island. We need to have viders are taught side by side in the The PRESIDING OFFICER (Mr. NEL- flexibility in all cases, particularly in classroom, so that with clinical train- SON of Nebraska). Without objection, it the case of mental health which is ing in rural areas we can help provide is so ordered. more of a speciality. for all of these kinds of needs that Mr. THOMAS. Mr. President, I be- This act provides for creative and exist. We encourage more collabora- lieve we are in an hour of time allo- collaborative provider education to tion, certainly, amongst providers, so cated to the Senator from Wyoming. help provide education for the mental we can have this network we talk The PRESIDING OFFICER. Under health provider so they can come to about. the previous order, the time until 2 those rural areas and give some assist- It actually authorizes $30 million for p.m. is under the control of the Sen- ance in education. 20 mental telehealth demonstration ator from Wyoming, Mr. THOMAS, or It increases access to mental services projects. And it is equally divided. I his designee. to vulnerable children and seniors in think as we get more and more into f unserved rural areas throughout these high-tech telemedicine, it will be even TAXES States. more important. Of course, to do that Certainly the circumstances are you have to have equipment, you have Mr. THOMAS. Mr. President, I rise to unique. With the stigma associated to have people on both ends who have talk, again, about taxes. with mental illness, people do not seek some training to provide these kinds of The legislation now before the Sen- the services. They are not handled services. ate includes education, which we will there, and it cannot be done easily. It provides mental health services to be debating this afternoon and which Seventy-five percent of the 518 na- children and elderly residents at long- we will be working on until the tax bill tionally designated mental health pro- term care facilities located in mental comes from the committee, and taxes— fessional shortage areas are located in health shortage areas. probably two of the most important rural areas, which, I guess, is not hard Projects also provide mental illness issues the Senate will address this to understand. education and targeted instruction on year. Certainly everyone is most inter- One-fifth of all rural communities coping and dealing with the stressful ested in education, and there are a have no mental health services of any experiences of childhood, adolescence number of broad topics within edu- kind. and aging. One might even think it is cation that are legitimate to discuss. Frontier communities have even appropriate where we have some of the One of them is the role of the Federal more drastic numbers. Ninety-five per- kinds of problems we have in public Government in financing education. cent have no psychiatrists. Sixty-eight schools. There is often the necessity to Most would agree that the basic re- percent have no psychologists. Sev- have help in these stressful experi- sponsibility for elementary and sec- enty-eight percent have no social ences. ondary education lies with local gov- workers. It requires a study. The Director of ernment and State government. Tradi- You can see that it is really nec- the National Institute of Mental tionally, the Federal Government has essary to have a network where people Health of the Office of Rural Health provided about 7 percent of the total fi- can move around to provide the serv- Policy will report to Congress on the nancing for education. It is an impor- ices that the communities do not have. efficacy and effectiveness of mental tant contribution but certainly a rel- Suicide rates among rural children telemedicine. atively small one in terms of the total and adolescents are higher in urban So I think it is something that is cost. areas. That is a very surprising sta- very much needed, something we can One of the other issues will be that of tistic. We don’t think of it that way. In help provide in communities where it deciding how much flexibility there fact, it is true. does not now exist. Frankly, without will be in terms of expending Federal Twenty percent of the Nation’s elder- some special assistance, it probably moneys made available, whether or ly population lives in rural areas. Only will not exist in the foreseeable future. not, as was the case in the last admin- 9 percent of our Nation’s physicians There are a number of supporting or- istration, where the dollars which were practice in rural areas. ganizations. The Rural Mental Health allocated to education were generally Often the primary care physicians Accessibility Act is strongly supported assigned to the purpose for which they are the only ones who are the source of by the National Rural Health Associa- were allocated, either for smaller class- treatment in these particular areas. tion, the National Alliance for the rooms or for building improvements, Primary care physicians do not nec- Mentally Ill, the American Psychiatric new buildings, in reality, the real deci- essarily have the specialized training Association, and the American Psycho- sion as to how moneys are used by in terms of mental health. logical Association. local districts ought to be what the To address these issues, this bill does So I believe it is critically important way local leaders believe they should the following: Create the Mental that we consider this legislation as we be. Health Community Education Grant talk about health care. Again, I cannot The needs are quite different in one Program; States and communities to overemphasize the need for flexibility place or another. I come from a State conduct targeted public education and taking a look at all the areas to be of small communities. The needs there campaigns focused on mental illness, served. It is one thing to serve in a are quite different often than they focused on suicide, and focused on sub- downtown metropolitan center—and would in be in downtown Pittsburgh, stance abuse. These are things that all they have their difficulties, of course— PA. We need flexibility. communities to some extent are trying but it is also difficult to serve in Medi- There will also be and there have to keep out of the public eye, kind of cine Bow, WY, where you have to reach been, in fact, great discussions about acting as if it really isn’t true. But, in- out from somewhere else to bring in the amount of money that ought to be S4854 CONGRESSIONAL RECORD — SENATE May 14, 2001 spent and, more importantly, how we in using taxes as a method of impact- and certainly having less taxes paid are able to have accountability in ing behavior and directing behavior and more money available to be used terms of the dollars that are spent to than we do to using it as an income by the taxpayers themselves—their see, in fact, if those dollars that are source to pay for basic services. money. It will help that economic being spent are creating a better edu- Again, there is a difference of view turndown. cation opportunity for children. We about that. We will see a great deal of It also deals with debt reduction. We will be back on that later. We should that. have a very large debt, of course— be. The other area, of course, is, as we about $2.5 trillion in publicly held debt Of course, with any program we dis- look into tax reductions and surpluses, as opposed to Social Security. It is cuss comes the question of taxes. We we have to ask: What are the things we debt that has been placed because of find ourselves in an interesting posi- really need to be careful about? One, you, me, and all of us who are now tion, a somewhat enviable position of obviously, is to have the money to fund adults. If we don’t do something, it will having a projected surplus over time, a those programs that are decided to be have to be paid for by young people substantial surplus over the next 10 essential programs: defense, education, who are beginning to have their first years, a surplus each year during that and all of those. pay checks; 121⁄2 percent of their earn- time. There is some question if that Recall that almost two-thirds of the ings will be withheld to pay for a debt can be counted on. Whenever you budget is nondiscretionary. Almost we helped to create. project into the future, there is always two-thirds of the budget is already pre- Over this 10-year period, about $1.5 an element of uncertainty. Neverthe- determined. It is Social Security, trillion of that would be reduced, leav- less, we have to make decisions in the health care; it is Medicare. It is those ing about $800 million. That is a tre- future. Whether one is in business, things for which there are not alter- mendously large number. But, as a whether it is a family, whatever, we natives to be decided each year. Out of matter of fact, that is about all that is have to make decisions for the future. a $1.9 trillion budget, we make deter- eligible to be removed over that time Sometimes they are not exactly the minations for about $661 billion. So because it is held and secured. So we same, but I feel confident, as do the there are some basic things we talk would have debt reduction in this plan. people who make the projections, that about. The debt reduction now held in private this is a fairly modest projection in The President has put forth a plan. hands is $2.4 trillion, reduced to $800 terms of the surplus over time. He has, obviously, indicated the two billion. That is a pretty good reduc- There are broad issues involved, and areas of his highest priority: education tion. We would have relief for every great detail in taxes, obviously, but and tax reductions, with the general taxpayer—$1.35 trillion over 11 years there are also some concepts that concept that taxpayers ought not to would be reduced in terms of taxpayers ought to be debated: What kind of tax- send more of their money to Wash- having to send their money to the Fed- ing limits should be placed on people; ington than is necessary to carry out eral Government. should we have taxes that offset what the functions of the Government. In addition to that, there would be an we believe are the fundamental costs, His plan is to give a tax cut to every immediate surplus this year of about the necessary activities of the Federal family that pays income taxes. He re- $100 billion—for the next 2 years—that Government? To be sure, not everyone places the current tax brackets by re- could be used to get it back to tax- would agree on what those necessary ducing them to lower rates: 39 to 33, 15 payers more quickly so it could be put activities are. Nevertheless, if you have to 10, and so on, so everyone who pays back into the private sector and help a surplus in Washington, beyond the taxes would have a tax reduction. He strengthen the economy. At the same needs the Congress has adjudicated to doubles the child credit to a $1,000 and time, we have commitments to protect these items, you can bet your life it reduces the marriage penalty. That is seniors for today and tomorrow—the will be spent. Then you ask: What really a fairness issue. $2.5 trillion of Social Security. That should be the concept? Where do we The idea that a man and a woman portion of Social Security that comes want to be down the road? Do we want who are single have two jobs, earn X in during this time would be set aside more and more Federal Government? amount of dollars, pay X amount of for Social Security so that we would be Do we want to spend on all the pro- taxes, they are married, they continue able to meet our obligations there. grams? Do we want to be somewhat to make the same amount of money, And, of course, there are some discus- conservative and try to make a deci- but they pay more taxes, is a fairness sions going on about some changes in sion as to which programs are best issue and one that needs to be dealt Social Security, to increase the done at the Federal level and which de- with. amount of moneys that would be there. cisions are best left to local govern- Under his plan, one in five taxpaying The budget includes $300 billion for a ments and people and taxpayers them- families with children would no longer reserve fund for reforming Medicare, selves? pay any income tax at all, completely which needs to be done, of course, and These are some of the philosophical removing 6 million Americans from the to have an opportunity to make Medi- issues that lie behind the debate. We tax rolls. Remember that there is a care more useful, make Medicare more argue all the time as to whether or not large percentage of Americans who easily useful and accessible. One of the it will be $20 million or $50 million or don’t pay Federal income tax. Families issues would be to create a prescription $1 billion for this. Before that, we of four making $35,000 would have a 100- drug benefit. Hopefully, that would be ought to establish in our own minds percent tax reduction in what they done, as well, at the same time some what the role of taxation is at the Fed- pay, and on up. So, of course, the more changes are made in Medicare so that eral level. Are we there to support the taxes that are paid, logically the reduc- it would fit together. needed programs? If not, there is no tion would accommodate more reduc- At the same time, there would be suf- end to the amount of money that can tion in dollars. That is the case. ficient spending increases. Discre- be spent. We need tax reductions, obviously, tionary spending in this year’s budget Then there is the question of sim- because our taxes are the highest we would be 5 percent. Somebody on the plification, particularly around April have paid as a percentage of gross na- news said today that was below infla- 15. How can we make tax laws more tional product since even in World War tion, which isn’t the case. Five percent simplified; how can we make it easier; II—higher than that now. Obviously, is inflationary growth—in fact, beyond how can we get away from all of the we have asked taxpayers to send more that. It would boost the veterans fund pages of activities taxpayers have to go of their money into Washington than is over 10 years, veterans hospitals, for through? But at the same time we talk necessary to provide the essential func- veterans retirement, for doing those about that, we will have 20 or 30 dif- tions. And therefore, a tax reduction is kinds of things. It raises defense spend- ferent ideas on this floor during the legitimate—not only legitimate now, ing, which I think is needed. Certainly, next couple of weeks as to how we of course, but also even more needed if we are going to have a voluntary ought to have a tax break for this or a because of the economy turndown, the military, the payments to those folks, tax incentive for that, to the point economy stabilization, whichever it is, the payrolls need to be competitive where we almost become more involved the lack of growth that we have had, somewhat to what you could do in the May 14, 2001 CONGRESSIONAL RECORD — SENATE S4855 private sector. This is needed so that thing that is good for the country. No- According to the Tax Foundation, people don’t get trained in the military body would argue with that. But every- May 3 was tax freedom day this year. for a specialized job and then leave for body has a different view of what is In other words, the average working more pay in the private sector. So de- good. American had worked from January 1 fense spending would be increased. I hear people say you need to do it through May 3 just to pay his or her It provides for $80 billion over 10 ‘‘the right way.’’ I don’t know of any- taxes. Said another way, on May 3, the years for assistance to farmers and body who wants to do it the wrong American worker finally was beginning ranchers. We are in the process, during way. to put money in his or her pocket and the next year, of coming up with a new There are differing views and there provide money for the breakfast table farm bill before the one now in place should be. The President has laid out a of his or her family. runs out. There will be something to program that is quite good. There are The average American works the replace that. Hopefully, an effort will those who would like to discredit the first 123 days—the first one-third of the continue to move toward a market- President’s program, of course, in order year—to support the appetite of Gov- place in agriculture but also to provide to create their political ideas. But that ernment, and still we heard in this some kind of a safety net so we don’t is not why we are here. We are here to Chamber this past week the siren song go through the sort of trauma that we resolve problems that exist. We are saying that appetite was not big have over the last several years. here to govern. That is our job. We enough, that somehow it needed to It also expands child tax credits and need to move forward. We have been a grow ever increasingly larger. earned income tax credits—an $18 bil- little slow. I think we have to really May 3 is the latest tax freedom day lion increase over that time. So there come to grips with the fact that we are in the history of this country. Tax are a lot of great details that could be here to make decisions, to move for- Freedom Day occurred as early as talked about, obviously, and will be ward, to do something with education, April 18 in 1992, before the record tax talked about, and indeed should be to do something with taxes, and we are hike enacted in 1993. But from 1992 to talked about. here to take on many of the other now, another half-month has been The real question is, If you have a issues. That is our task. added to the amount of time the aver- surplus, what should you do with it? Mr. President, I think there will be age worker is required to work just to You should certainly accommodate others joining me in a few moments. In meet his or her tax obligation. those things that are high necessities the meantime, I suggest the absence of May 3 is actually a national average and priorities in the budget, and then a quorum. because, because it brings in the State you ought to return that money to the The PRESIDING OFFICER. The and local tax burdens. In Idaho, for ex- taxpayers, the people who paid it in. clerk will call the roll. ample, at least that burden is less than The legislative clerk proceeded to That is the way it ought to be. We in other States, and Idaho’s Tax Free- call the roll. ought to be able to understand that it Mr. CRAIG. Mr. President, I ask dom Day fell on April 25, making its is really the responsibility of the Fed- unanimous consent that the order for citizens the tenth least taxed group of eral Government to provide these pro- the quorum call be rescinded. citizens of any State in the Nation. grams but not to excessively spend the The PRESIDING OFFICER. Without There is no wonder Idaho is a fast- money that could very well be either objection, it is so ordered. growing State. Somehow the word is spent by the taxpayer or, indeed, if Mr. CRAIG. Mr. President, it is my out that if you live and work in Idaho, there are special programs that need to understanding we are in a period for because of our attitudes about govern- be done, we would make an oppor- morning business. ment and the way we manage our gov- tunity for the States and local govern- The PRESIDING OFFICER. The Sen- ernment in Idaho, and thanks to my ments to make the taxation they need ator is correct. colleague, our Governor, Dirk Kemp- so the things could be done there. f thorne, who once served with us in the Mr. President, we are going to enter Senate, we tax citizens less, even into a very lively debate. I suppose TAX RELIEF though we provide adequate govern- taxes and budgets probably personify Mr. CRAIG. Mr. President, today I ment for their needs. as well as any other thing the dif- join with several of my colleagues to Americans have never been more ferences in view about how people talk about an issue that has dominated heavily taxed than they are now. The would approach governance. That is the Senate and the Congress of the average American family pays 37 per- perfectly legitimate. That is what this United States for many months. That cent of its income in all taxes at all place is for, to talk about differences in dominance, I think, has been shared in levels, half again as much as our par- view. There are those who think that most of the minds of our American ents paid in the 1950s. we ought to be spending much more on citizens as we have worked to complete Stop and think about that. Compare the Federal Government; the Federal a budget for fiscal year 2002. Tax relief the wages, compare the cost of living, Government ought to be funding every is an important component of that compare everything else then relative need that exists; and the Federal Gov- budget and an important issue to the to now, and yet today taxes have dra- ernment ought to grow and have more American people. matically increased, by about half, expansion into people’s lives. As a matter of fundamental fairness, compared to our parents’ generation. I am one of the others who believe the most heavily taxed generation in No wonder the personal average sav- there ought to be a limitation on the America’s history, in my opinion, de- ings rate in America is now a negative role of the Federal Government, that serves tax relief. There is plenty of 1 percent. Government is taking away governance closer to the people is the room in this budget for tax relief. Lis- what the people otherwise would save - kind of governance that is best, and we tening to some of the speeches in this what they would save for their retire- ought to tax to the extent necessary to Chamber last week, one would assume ment, for their children’s education, pay for those functions. But when it is we were dramatically cutting the budg- for their parents’ care, or to build a beyond that, we ought to do something et of the American people in order to better standard of living. Oftentimes about leaving taxpayers’ money in the give some of that money back. That is we hear economists analyze the nega- taxpayers’ pockets. simply not true. tive savings rate in our country com- Those are the decisions that are be- The budget resolution increases over- pared with other nations of the world, fore us. Those are the decisions that we all spending by about 5 percent. Impor- and they say: It is a matter of culture. will be dealing with, hopefully this tant national needs will be met. We are Certain nations have a culture of sav- week, certainly next week, and they taking less than a third of the total ings. are tough. I just hope that we have an surplus—surplus tax dollars—to pro- My suggestion to our citizens is this: opportunity. We have a 50/50 Senate vide tax relief. Without question, there If you were granted the opportunity or now, which is an unusual division of is room in this budget to provide tax the incentive, my guess is you would be parties, and somewhat of an unusual relief to that overtaxed American con- saving a great deal more than you are division philosophically. Yet our chal- sumer taxpayer and to adequately fund saving now. When you are paying 37 lenge is to come together with some- a budget for America’s citizens. percent of your income for taxes at all S4856 CONGRESSIONAL RECORD — SENATE May 14, 2001 levels, you simply have less to live on, ernment has been curtailed. That Maybe, just maybe, next year’s Tax less to save, and, therefore, you are means a freeing up of the domestic pro- Freedom Day will come not in May but using more of what you have for neces- ductive economy of this country, which in April once again. If that is true, we sities. means that monetary policy and fiscal will have accomplished a great deal The total Federal tax take this year policy are a good deal more in synch.’’ more than anyone thought we could, will be 20.7 percent of the total econ- This Senator is glad we are paying not too long ago. omy. In other words, 20.7 percent of the down the debt. I hope in my time of I yield the floor. gross domestic product of this country service here I can turn to my children The PRESIDING OFFICER. The Sen- is required to pay for Government, the and grandchildren and say: Of all the ator from Colorado. highest level ever, except for one year, things my generation and I have not Mr. ALLARD. Mr. President, I join 1944. Of course, we can all remember done for you, there is one good thing my colleagues to talk a little about where the nation was in 1944. We were we did do for you in my lifetime, and taxes this week since we are expected at the peak of World War II. We had that was to rid our country of debt and to bring up some tax relief legislation committed this country to saving the therefore to rid you of your obligation here the latter part of this week. I world and saving the free world from as current and future taxpayers of hav- think it is time for us to remember tyranny and knocking down the powers ing to respond to that debt by a very that tax freedom day was May 3 of this of fascism. We had committed all of large chunk of your tax dollars being year. This is the latest it has ever our resources to doing that. Only at consumed by it. That ought to be the been. that time, compared with now, did we responsibility and obligation of my What does that mean? It means the have comparable tax burdens. generation. Clearly, we have set a average American family will work the In fact, in the six years of highest course with this budget and this budget first 123 days of the year to pay the taxes in American history, two fell resolution for doing so. combined tax bill from all levels of during World War II and the other four I think we have to go even further government. That is Federal, State, have been the most recent four. than that. The budget already calls for and local. Obviously, the Federal bite Where is the war today? Are we com- paying down debt at a fast pace - the out of the family’s budget is the larg- mitted to saving all of the world from fastest pace at which the debt can be est of all three of those. I hope I have the direct threat of a powerful enemy paid down. time to get into a little more detail on of the kind we saw in World War II? The budget includes overall spending that. But certainly it is time for a tax That is not at all the case. Simply, our increases of about 5 percent. Frankly, cut. Government’s domestic appetite has in my State of Idaho, folks are not so We frequently discussed the budget dramatically grown from 1944 to today, sure why Government should grow at surplus, but I think it is more accurate and as a result of that, our hard-work- all, that 5 percent is maybe even too to refer to it as a tax surplus. The tax ing Americans have fallen victim to large. There is no question there are surplus represents an overpayment by that appetite. some very real needs out there. We are taxpayers and should be refunded to Can anyone seriously claim that the going to meet some of those needs. At those who overpaid. Tax cuts will ben- Federal Government is now engaged in the same time, it is important to rec- efit all Americans by making the econ- a life-and-death struggle, compared to ognize we can in fact give tax relief and omy stronger. Low taxes help reward World War II? I don’t think so. Oh, we pay down debt. work, savings, and investment. Low have a lot of problems to solve and This year’s tax relief will only be taxes provide the fuel for our economy challenges to meet. There is no doubt about 5 percent of total revenues over to create new jobs and raise our stand- about it. We are attempting to address the next 10 years. It will be about one- ard of living. I think it is reasonable to them. On the floor this week we are de- half of President John Kennedy’s tax conclude if we raise taxes, just the op- bating education and are committed to cut, adjusted for the times and the size posite is going to happen. putting a substantial increase in Fed- of the economy. Yet we hear people In today’s economy, it would be ill eral funding into what is a traditional now suggesting this is a devastating advised if we did not make a sincere ef- State and local funding priority, to tax cut, that this simply destroys the fort to cut taxes. This allows people to help enhance the ability of State and revenue flow of Government. Yet in an- keep their own money and helps our local educators and education-pro- other era, another time, comparing economy. It makes sense. People are in viders to improve the conditions under economies in a fair way, the Kennedy a better position than the Government which our children learn. tax cut was nearly double the one we to know what they believe. I believe in Still, on top of all that, we have the are dealing with today. the people’s priorities instead of Wash- opportunity to provide the tax relief This year’s tax relief will be about a ington’s priorities. that will go a long way toward helping third of the package that was enacted This tax cut we are going to be talk- our economy and freeing the American under President Ronald Reagan. Yet of ing about is real money that can be people. course it was the Ronald Reagan tax used for things such as helping to buy The new budget provides for paying cut that fueled the booming economy a home, helping to pay for a college down more than $2.4 trillion worth of of the late 1980s. education, or help in purchasing a com- debt in the next 10 years. Some Sen- The PRESIDING OFFICER. The Sen- puter to help the kids through school ators said we are going to give all the ator has reached 10 minutes. so they can learn math and become money back to the taxpayers, that we Mr. CRAIG. Mr. President, let me more proficient in English. Some have are not going to deal with the debt. wrap up. With the passage of the budg- attempted to shift the focus on tax Somehow in the midst of all this de- et resolution, and now with the begin- cuts by claiming we cannot afford tax bate, somebody did not look at the ning of the work of the Finance Com- cuts. In fact, tax cuts do not jeopardize plain numbers in the budget resolution mittee to produce a tax bill, we are debt repayment or the Government’s to recognize that, if we stay this clearly receiving the message from the other obligations. course, over the next 10 years we are American people. We are acting on I would like to take a moment to paying down $2.4 trillion of that debt. their goal for us, to deliver back to look at that. The budget that has been That is nearly twice the amount of tax them in both the immediate and long proposed now allows the Government relief that is in the budget and 50 per- term, some tax relief—to offer up to to return a major portion of the sur- cent more in debt relief than in the them the right—government may act plus to its rightful owners, the tax- amount of tax relief requested by the like it is a privilege, but it is a right to payers. It continues to pay down our President. keep a little more of their own, hard- national debt, and it continues to pro- So we clearly will have more debt earned money. tect Social Security and Medicare sur- paid down than tax relief. But in the Now is the time to stop the govern- pluses. The Congressional Budget Of- balance of both, my guess is Alan ment tax man from being the uninvited fice forecasts the 10-year surplus is Greenspan is going to say: ‘‘Good job. guest at every wedding, the unwelcome large enough to allow the Federal Gov- That means Government will not grow intruder at family funerals, and the ernment to retire all available debt larger. That means the appetite of Gov- rude bill collector at every graduation. held by the public. May 14, 2001 CONGRESSIONAL RECORD — SENATE S4857 I would like to refer my colleagues to That is $200 billion of added revenue is with trying to cut taxes retro- my efforts over the past 4 years. Four in just 4 years. actively, particularly in light of the years ago, I introduced legislation to I think the Tax Foundation does fact that we have the surpluses we are pay down the debt in 30 years. Then I some very good work. I have been look- facing today. looked at the amount of revenue that ing at a chart that was put out by the In summary, Americans are spending was coming into the Federal Govern- Tax Foundation. more than ever on taxes. In fact, we ment, part of this tax surplus, and I de- From 1992 until the year 2001, we ac- now pay more taxes than we do for termined 2 years ago we ought to be tually see a large spike in rates of in- food, shelter, and clothing combined. able to pay down this debt within a 20- creases for taxes and the total tax rev- Since when did the Federal Govern- year period. So I introduced legislation enues that are being paid to the Fed- ment become more important than to pay down the debt within 20 years. eral Government. life’s essentials? It is time to reverse This year, we are looking at paying We see the tax burden days go from this trend by cutting taxes across the down the debt in 10 years and still April 18 to May 3—within a period of a board. Lower taxes would help our being able to provide for a $1.6 trillion little less than a decade. I think this is economy and would also help Amer- tax cut. a phenomenal amount of revenue in- ica’s families. The Congress has backed off on what crease that has come from working Thank you, Mr. President. was originally proposed by the Presi- Americans. The PRESIDING OFFICER. The Sen- dent and finally agreed on somewhere Of the 123 days that America spends ator from Nebraska is recognized. between $1.35 and $1.4 trillion in tax laboring for Federal, State, and local f cuts. Certainly we have allowed our- taxes, it is interesting how this breaks U.S. TRADE POLICY selves plenty of margin. out. Fifty days of that goes toward in- Mr. HAGEL. Mr. President, last week The tax bill that is supposed to be dividual income taxes, 42 days goes to President Bush laid out an aggressive coming to the Chamber contain many Federal and State, and for local it is 8 trade agenda for America. Few policy important provisions. Many of them days. areas will be more critical to the fu- have been referred to by the President. For social insurance taxes, 29 days ture prosperity of not only the United First, the tax rates are lowered across goes to that category. And all of that the board. This will benefit Americans States, but the world. is Federal. There is no State or local Trade is essential to the continued in all categories who pay taxes. This part in that aspect of the tax. year, taxpayers will get immediate re- growth of our economy. U.S. exports Of the 123 days, 16 days go toward totaled more than $1 trillion last year, lief when the 15-percent rate is lowered sales and excise taxes. Three days of to 10 percent on a significant portion of an increase of 12 percent from 1999. that is allocated towards Federal and Those exports accounted for 11 percent that income. 13 days is allocated towards State and The tax bill also lowers the top rate of our GDP in 2000. local. Property taxes—the Federal Gov- The impact and importance of trade significantly, increases the child tax ernment has no property taxes, but credit, provides tax relief for education extends far beyond our borders. The na- State and local governments do. Ten tions of the world live in a global com- expenses, and eliminates the death tax. days out of that 123 days goes for prop- I am particularly pleased to support munity—underpinned by a global econ- erty taxes for State and local govern- omy. We are all directly affected by repeal of the death tax. ments. The United States retains among the the development and growth of mar- Let’s look at the corporate box that highest estate taxes in the world, and kets around the world. Stability, secu- has been analyzed by the Tax Founda- top estate tax rates can reach over 55 rity, economics, markets, communica- tion. Corporate income taxes make up percent. This is money that was al- tions, trade, and investments are all 12 days of the total of 123 days. The ready taxed when it was earned. interconnected. The estate tax can destroy a family Federal part of it is 10 days and the Taking advantage of the opportuni- business. This is the most disturbing State and local part of it is 2 days. ties of this hopeful new world will re- If we look at other business taxes, aspect of the tax. No American family quire vision and leadership—bold Presi- there is a total of 3 days put in that should lose its business because of the dential leadership with the vision to category. The Federal Government estate tax. see through the haze of the present and Similarly, more and more large doesn’t have any, but State and local into the possibilities of the future. This ranches and farms are facing the pros- has a total amount of 3 days. For all will require leadership that is wise pect of breakup and sale to developers other taxes is that general category. enough to seize the moment and help in order to pay the estate tax. There are 2 days allocated to that box. move the world forward. Nations of We feel it acutely in Colorado, espe- One of them is Federal and one is State today are not the nations of yesterday. cially because of the rapid growth and and local. We must rise above past differences demand for real estate in Colorado. I think those are some interesting and old conflicts. This is not without One change which is not included is a factors coming out. risk. But the risk must be taken. reduction in the capital gains tax. I Then there are those who say the tax Trade connects people. Increased hope that this can be added to this tax cut is way too much. We know what commerce and the bridges it builds has bill or one later in the year. This happens. broad implications for human rights, change would actually increase rev- If we go with the President’s tax cut democracy and increased stability and enue to the Treasury. that he proposed—I remind the Senate freedom around the world. I support a reduction in the top rate that it hasn’t gone as much as the Trade binds nations together in stra- from 20 to 14 or 15 percent. I also be- President proposed—then basically tegic and political alliances. Through- lieve that we should include indexing what you are doing over the next 9 or out history trade and commerce have so that taxes are paid only on real cap- 10 years is holding the tax burden day been key instruments that have helped ital gains, not those which result only on May 3, 2001. break down totalitarian governments from inflation. What happens if we don’t have any and dictatorships, and opened the doors In 1997 we reduced the capital gains tax cuts? Suppose we didn’t go with to democracy and higher standards of tax from 28 to 20 percent. any tax cut at all? We would see the living for all people—improved health, Many of you will recall the debate tax freedom day move out to May 9. better diets, and hope for the future. over whether this would raise or lower This is not a particularly remarkable Trade and international investment revenues. We now have the answer— tax cut, but it is something that cer- have helped pave the way for peace in revenues from capital gains increased tainly is badly needed. many areas of the world. Trade and de- dramatically after the rate cut. I am looking forward to the debate mocracy are interconnected. Trade and In fact, in just the 4 years since the because I think it is very important investment lead to political and eco- rate cut, 1997 through 2000, the Govern- that we move forward with the tax cut nomic stability. ment has received $200 billion more right now. If my memory serves me The key to this is a strong trade capital gains revenue than forecast be- correctly, we have raised taxes retro- agenda that pursues our interests while fore the rate cut. actively. I don’t see what the problem balancing them with other priorities. S4858 CONGRESSIONAL RECORD — SENATE May 14, 2001 First and most important is the CONCLUSION OF MORNING The legislative clerk read as follows: granting of Trade Promotion Author- BUSINESS The Senator from Nevada (Mr. REID) pro- ity to the President. Every day that The PRESIDING OFFICER. Under poses an amendment numbered 460. goes by without this authority is an- the previous order, morning business is Mr. REID. Mr. President, I ask unan- other day of wasted opportunity. We now closed. imous consent that reading of the cannot afford for America to stand idle amendment be dispensed with. f while other nations negotiate trade The PRESIDING OFFICER. Without agreements that give an advantage to BETTER EDUCATION FOR objection, it is so ordered. the competitors of American goods and STUDENTS AND TEACHERS ACT The amendment is as follows: services. Congress needs to get this The PRESIDING OFFICER. Under (Purpose: To provide assistance to entities done, and get it done quickly. the previous order, the Senate will now that emphasize language and life skills We have many other challenges that programs for limited English proficient resume consideration of S. 1, which the students) lie ahead. We need to move the Jordan clerk will report. and Vietnam Trade Agreements On page 254, line 21, insert before the pe- The bill clerk read as follows: riod the following: ‘‘(including organizations through Congress. A bill (S. 1) to extend programs and activi- and entities that carry out projects de- We also should look to our own hemi- ties under the Elementary and Secondary scribed in section 1609(d))’’. sphere. Canada and Mexico are our Education Act of 1965. On page 257, between lines 18 and 19, insert largest trading partners. American ex- Pending: the following: ports to Western Hemisphere nations ‘‘(d) AFTER SCHOOL SERVICES.—Grant funds Jeffords amendment No. 358, in the nature awarded under this part may be used by or- comprised more than one-third of all of a substitute. U.S. exports in 2000. We must strength- ganizations or entities to implement pro- Kennedy (for Murray) amendment No. 378 grams to provide after school services for en our ties to our Western Hemisphere (to amendment No. 358), to provide for class limited English proficient students that em- neighbors. size reduction programs. phasize language and life skills. This is good for all peoples in this Kennedy (for Dodd) amendment No. 382 (to Mr. REID. Mr. President, in the hemisphere. We need to move on re- amendment No. 358), to remove the 21st cen- tury community learning center program State of Nevada in Las Vegas, there is newing the Andean Trade Preference a very innovative teacher. Her name is Act this year. And we should pursue a from the list of programs covered by per- formance agreements. Priscilla Rocha. She is a wonderful trade agreement with Chile, and a free Cleland amendment No. 376 (to amendment woman who has been a friend of mine trade agreement for all the Americas. No. 358), to provide for school safety en- for many years. She is also a member We will face another hurdle in again hancement, including the establishment of of the State board of education. She granting normal trade relations to the National Center for School and Youth teaches the fourth grade, and she has China. Establishing a stable trade rela- Safety. had almost 20 years of experience. She tionship with China is in our best in- Biden amendment No. 386 (to amendment No. 358), to establish school-based partner- has taught in Texas. As I indicated, she terest. now teaches in Las Vegas. Turning our backs on China will not ships between local law enforcement agen- cies and local school systems, by providing About 3 years ago, she started an improve human rights in China, pro- afterschool program in her classroom mote greater freedom, or improve the school resource officers who operate in and around elementary and secondary schools. in response to the many struggles she stability in Asia—rather, it would have Specter modified amendment No. 388 (to saw with children who had limited a dangerous and negative impact on all amendment No. 378), to provide for class size English proficiency. She observed that these important efforts. reduction. the parents were not equipped with This year we must help lead efforts Voinovich amendment No. 389 (to amend- English skills or the academic back- to launch another round of World ment No. 358), to modify provisions relating to State applications and plans and school ground to help these children with Trade Organization negotiations. their homework. Children were going The challenges are many, and they improvement to provide for the input of the home in some instances with no super- are great, but so are the opportunities. Governor of the State involved. vision because both parents worked. President Bush has laid out a strong, Carnahan amendment No. 374 (to amend- ment No. 358), to improve the quality of edu- She found that these children kept fall- forward-looking agenda on trade. He cation in our Nation’s classrooms. ing further and further behind in their has an excellent team in Ambassador Reed amendment No. 425 (to amendment academic work, and she recognized Zoellick, Secretary Evans, and those No. 358), to revise provisions regarding the that it was only a matter of time until Reading First Program. charged with moving this agenda for- the children dropped out of school. ward. The PRESIDING OFFICER. Under What she calls her homework center I look forward to working with the the previous order, the Senator from operates as follows: Children in grades President and his team on America’s Nevada is recognized to call up his 1–5 are referred to the program by trade agenda. It is fundamental to our amendment No. 460. teachers and school counselors. Par- future. Mr. REID. Mr. President, I ask unan- ents are first notified, and they have to Trade and investment are building imous consent that the time not run on sign a consent that the children can blocks for the world’s mutual interests. this amendment. I will wait until the enter into this afterschool homework We have the opportunity to make the manager of the bill arrives. I ask unan- program. She has found it easy to get world more stable, more secure, more imous consent that that be part of the college students to help by tutoring prosperous, and more democratic. Let’s order, and pending that, I suggest the the children on a one-to-one basis. She not squander this very historic and absence of a quorum. has also found that some children need unique opportunity. The PRESIDING OFFICER. Without to stay in the program only for a mat- Mr. President, I yield the floor and objection, it is so ordered. The clerk ter of weeks. Others need to spend a suggest the absence of a quorum. will call the roll. The PRESIDING OFFICER (Mr. NEL- matter of years in the program. The bill clerk proceeded to call the Currently, the Las Vegas program is SON of Florida). The clerk will call the roll. funded through a HUD community roll. Mr. REID. Mr. President, I ask unan- The bill clerk proceeded to call the block grant from Clark County and the imous consent that the order for the roll. city of Las Vegas. This is held in a Mr. REID. Mr. President, I ask unan- quorum call be rescinded. school classroom, but direct funding imous consent that the order for the The PRESIDING OFFICER. Without does not come from the school district. quorum call be rescinded. objection, it is so ordered. The funding goes to a community- The PRESIDING OFFICER. Without AMENDMENT NO. 460 TO AMENDMENT NO. 358 based organization that Ms. Rocha objection, it is so ordered. Mr. REID. Mr. President, pursuant to helped found in 1992 called Hispanic As- Mr. REID. Mr. President, the hour of order, I send an amendment to the sociation for Bilingual Literacy in 2 having arrived, are we now back on desk. It is at the desk. I ask the Education, or HABLE. Ms. Rocha is the the education bill? amendment be read at this time. Executive Director of HABLE. This The PRESIDING OFFICER. We will The PRESIDING OFFICER. The program has been a remarkable suc- be momentarily. clerk will report. cess. Starting with six students in 1993, May 14, 2001 CONGRESSIONAL RECORD — SENATE S4859 she has worked with about 250 students failure and thus dropping out, was dra- That is why programs such as the one since then. Most of these children do matic, but this program turned things I have outlined are so important. To not speak and did not speak a single around for her. address the need for literacy for these word of English when they came to Ms. Children want to learn. They want to students, my amendment expands the Rocha. Now almost 100 of these kids be productive. There is a lot going on current 21st century learning centers have graduated from high school, and a in America today about English as an in this bill to include programs for lim- like number, almost another hundred, only language. States are passing, have ited English proficient students. are on the way to successfully com- passed, and are trying to pass laws say- I have talked about the Homework pleting high school in the next few ing that there should only be one lan- Center in Las Vegas. It is vital to the years. guage. education of these limited English pro- It was hard to find examples that I Mr. President, there is only one lan- ficient students who don’t have the re- should bring to the Chamber today be- guage anyway. If you want to succeed sources at home to support them. cause there are really so many, but I in America, you don’t need to pass a These programs need to have the sup- have chosen a few with the help of Ms. law saying English is the only lan- port of the entire education system. Rocha. For instance, Evilia Gomez was guage. It is the only language. If you Why? Because it means economic secu- one of the original fourth graders to want to succeed, you have to speak rity and quality of life. We can’t ignore start with Ms. Rocha in 1993. While she English. It used to be if you wanted to the fact that across this country the has always been a bright girl and had be a diplomat, you had to speak dropout rate for limited English pro- been a good student in Mexico, when French. Not anymore. The language of ficient youth remains chronically and she came to America, she didn’t speak diplomacy is English. If you want to unacceptably high at almost 45 per- a word of English. We find that far too fly an airplane anyplace in the world, cent. Almost half the kids who have often students like Evilia simply are the air traffic controllers’ language is trouble with their language skills drop put in a special education program. English. out of school. ‘‘They can’t read; they must be dumb if So not only did Johanna want to suc- Over half a million students drop out they can’t read.’’ ceed, she wanted to learn to speak of school every year; 3,000 students Well, this little girl wasn’t dumb. English. She needed help. Her parents drop out of school every day in Amer- The fact that she couldn’t speak did could not help in that regard. So I am ica. Every child who drops out is less not mean that she was slow or learning excited about this program. We have than they can be. It puts a burden on disabled. With the extra attention she all kinds of success stories. the criminal justice system and our Alvaro Rodriguez is a 10-year-old was given, she rapidly learned English welfare system. It is something with fourth grader who began Ms. Rocha’s and quickly transitioned to regular which we certainly need to do better. program at the start of this school classes. She did so much extra course We have about 5 million Americans year. He and his family came straight work that she graduated from Las who lack a high school degree and are from Mexico. None of them were able Vegas High School 2 years early as val- not in the process of getting one. In to speak a single word of English. By edictorian of the class. Of all the stu- our prisons in America today, line the end of this school year, Alvaro will dents who graduated from Las Vegas them all up; 82 percent of them have no start transitioning into regular reading High School in the class of 1999, a girl and writing programs in English. Next high school education. Is there a cor- who didn’t speak a single word of year, he won’t be in a special program. relation between education and getting English 6 years earlier ended up with He will be a fifth grader and he will be in trouble? Of course. I didn’t speak the highest grade point average of any mainstreamed. improperly. I said 82 percent of the peo- student in that very large high school. Carla Rojas, another 10-year-old, is ple in our prisons have not graduated Not only is this a special child, this is benefitting from this program. She from high school. Does that mean that a special program, and we need to rep- came to Las Vegas from Mexico in the the 82 percent who haven’t graduated licate it. middle of this school year. It is hard are a bunch of dopes? The answer is no. Another girl in Las Vegas, Johanna enough for a 10-year-old to change The vast majority of those students, Rangel, has a similar success story. schools in the middle of the year, but for one reason or another, didn’t keep She didn’t graduate as valedictorian, Carla was put into a school where she up, or could not keep up; they didn’t but she did extremely well. She is one didn’t understand a single word of what have the incentives, and many of them of the original six who worked with the teacher or the kids were saying. have language problems. This amend- Priscilla when this program started. This program has helped her so much ment will help with those language When she came to this program, she that by the end of this year it is be- problems. didn’t speak a single word of English. lieved that she will be adapted so well The primary reason children drop out Now she is President of a Latino stu- that she will be able to take classes of school is a lack of success in school. dents’ organization at Desert Pines with everybody else this coming year. They believe they can be a bigger hit High School and is involved in many Priscilla Rocha says of Carla: ‘‘She is out on the street beating up on some- extra curricular activities. She will a very smart and energetic girl. All we body or selling dope. They don’t under- graduate in a month. She did ex- have to do is give her the little push stand the importance of an education. tremely well in school, and she plans to she needs.’’ If they do understand the importance attend college this fall. So these programs work well, as they of an education, they have dropped She is quick to point out that her should work well. The increasing diver- back so far that they know they can success is due to her being able to come sity of our Nation enriches our commu- never catch up. They can catch up, but to the program Priscilla Rocha devel- nities. It also challenges our public they think that they can never catch oped, and she believes the program is schools to meet both the English lan- up. the reason she was able to graduate guage and literacy needs of our expand- This is not just a problem of a few from high school. In fact, she said, ing limited English proficient student kids not getting an education. A high when she invited Ms. Rocha to her populations. The families of these stu- school dropout rate impacts the econ- graduation: dents speak their native languages at omy and quality of life, not only for This would not have been possible without home and often have limited English the children that drop out, as I have you. I wouldn’t be graduating without your skills, making it difficult for parents mentioned, but their families and for help. and family members to help children each and every one of us. There are many others. You have to with their unique academic language Every time a child drops out of understand that Johanna’s parents struggles. school, we have failed a little bit. It didn’t speak a word of English when Think about it. You go to school and hurts us. It hurts us because it doesn’t they brought her from Mexico to the they are speaking one language there, sound right morally, but it hurts us United States. They couldn’t help with and you go home and they are speaking economically, and it hurts the social her homework; no matter how badly a different language. How do you im- fabric of our country. they wanted to help, they couldn’t. prove upon what you don’t know? It is We need an educated workforce. If They didn’t speak English. Her risk of hard to do. this continues, we will have increased S4860 CONGRESSIONAL RECORD — SENATE May 14, 2001 unemployment rates and increased able to do is the basics. If we fully fund that does to that child. They know prison incarceration, people on welfare the IDEA program, as we should do, it they are as smart as the kid next to and other Federal programs, and unem- will allow some money for these pro- them, they just cannot talk, or maybe ployment rates of high school dropouts grams that will make a difference in they do not know they are as smart as are more than twice that of high school kids’ lives. the kid next to them. That is even graduates. Remember, we are pushing More funding is needed to develop ef- more sad. kids to go beyond high school—maybe fective special education programs for I think of literacy as an empower- not to college, but the unemployment diverse students to meet the many ment issue. I think that education em- rates of high school dropouts are more challenges that they face. powers us, and that education does not than twice those of high school grad- Funding would provide schools with mean you have to be a doctor, lawyer, uates. the support they need to devise lan- or college professor. It means being The probability of falling into pov- guage programs that fit the needs of able to read and write. It means having erty is three times higher for high the districts. an opportunity to go to a technical school dropouts than for those who fin- School districts all over America are school to be an automobile mechanic. ish high school. That is 300 percent scrambling to meet the basics. Some Mr. President, when you and I grad- higher. have more problems than others. Some uated from high school, if we wanted to The median personal income of high have problems with crumbling schools. be an automobile mechanic, we got out school graduates, during the prime In Nevada, especially in southern Ne- of high school and started working on earning years, ages 25 to 54, is 200 per- vada where 70 percent of the people cars. Students cannot do that any- cent that of high school dropouts. live, we have problems with the inabil- more. They have to be able to read The median personal income of col- ity to build enough new schools. manuals. They have to attend classes We need to build one new school in lege graduates is more than three and get a certificate before anyone will the Clark County school district every times that of high school dropouts. hire them. The children, sadly, of high school month to keep up with the growth. We Automobile agencies in Las Vegas for hold the record. One year we dedicated dropouts have a much greater chance a number of years—I did not realize 18 new schools in the Clark County of dropping out of school. It becomes a this—imported people to work on these pattern. School Districts. Schools have problems for various cars from Utah because Utah issued The problem is worse for America’s reasons. We in southern Nevada have certificates. Our community colleges Hispanics—a growing segment of our the problem of not being able to keep in southern Nevada offer training and a population. Hispanics students have a up with the growth. We need help with degree in the automotive field. A stu- dropout rate of more than 30 percent— construction. We need help with class dent can then go to Pete Findley Olds- three times compared to the overall size reduction. I am speaking today mobile or Fletcher Jones Chevrolet or rate of 11 percent. about the need to fully fund IDEA and any of the automobile dealerships, and Afterschool programs tailored for to also allow this amendment to be they will hire them. It takes an edu- limited English proficient students will adopted so that we have the ability, cation. go a long way toward helping to keep within this new education bill we are Literacy is an empowerment issue. these fine young people in school. going to pass, to fund programs for While these children are in America, There is an increasing need all over kids who do not speak English as well we want them to have the very best, America for language services. Nearly as they would be able to with a little and having the very best is not an act 20 percent of the students in U.S. bit of direction. of generosity on our part. It is an act of schools speak a foreign language at I appreciate President Bush focusing doing the right thing, not only for home. According to the National Clear- on education, but we cannot educate them but for us. Every child who drops inghouse for Bilingual Education, that kids on the cheap. It costs money to out of school not only hurts himself or figure will grow. educate kids. Most of the controversy herself and his family, but hurts us. We In some parts of the country, non- in the school choice debate attached to have to recognize that making pro- English speakers are referred to special the President’s proposal is to let low- grams available to help these kids education, as I have indicated, based income parents use Federal aid to through school is good for all of us. solely on their inability to speak apply to private school alternatives Look at the practicality of literacy English the way teachers and others when their children are in public as an empowerment issue. It is not a believe they should. Some may think if schools and they believe the schools do question of picking one method or an- they don’t speak English correctly, not provide services for their children’s other. It has more to do with the idea they must be dumb. Not so. Some needs. that we have millions of children with school systems—and I believe this may I believe a better approach is to look limited proficiency in English. These be in violation of the civil rights laws at something that Priscilla Rocha has children should be equipped with the of our country—continue to assign stu- done in Las Vegas. We do not need to necessary tools to prosper in America. dents to special education programs on take these kids out of public schools. The sooner you speak English, the the basis of criteria that essentially What we need to do is take care of sooner you are a fully functioning cit- measures and evaluates English skills funding, let people like Priscilla Rocha izen who can participate in society. of students. be inventive, give her the resources so I have given the example of Priscilla Currently, students fail to receive she, and other educators like her, can Rocha’s program, but I am sure there the right programs because the guid- have afterschool programs that are im- are many others around the country ance and funding districts receive is in- portant and help the limited English that work. I am familiar with Ms. adequate to develop comprehensive proficient student. I believe a broader Rocha’s program because she has been programs for limited English pro- approach to the President’s parental a friend of mine for many years. I know ficiency students. choice option is necessary, one that what a caring individual she is. I say to my friend, the Senator from calls for a revamping of a 30-year-old I am not advocating a set program. I Vermont, who is managing this bill, I underfunded policy for limited English am advocating that we make sure this have always appreciated his forceful proficiency education. education bill allows us to do what, in advocacy of fully funding IDEA—pro- The principles behind properly fund- my opinion, the country needs. grams for those with special needs. The ing these programs are simple. For one, The 21st Century Community Learn- reason I do that is, it is the right thing the millions of American children with ing Centers program in this legislation to do for the children, and it is the limited proficiency in English should expands eligibility to include programs right thing to do for the school dis- not be consigned to years of classes that emphasize language support for tricts because it leaves them money to that avoid helping them gain rapid limited English proficient students. do things like this—special programs, English proficiency. For that, in- There are all kinds of afterschool such as helping a kid who doesn’t creased funding is necessary. programs around the country that speak English. The way it is now, they If one of these children is put in a work. For example, there is a program are so strapped for money, all they are special education class, think what in Madison, WI. The city operates a May 14, 2001 CONGRESSIONAL RECORD — SENATE S4861 safe haven afterschool program for middle, or secondary school building There is a sufficient second. more than 200 children at three ele- that provides educational, rec- The yeas and nays were ordered. mentary schools in communities with reational, health, and social service Mr. REID. Mr. President, I yield my high crime and poverty rates. programs for residents of all ages with- time if there is any. The program activities include home- in a local community. It is generally Mr. JEFFORDS. I yield back my work help, academic enrichment, arts operated by a school district which is time. and crafts, supervised games and phys- legally responsible within a State for Mr. REID. I ask the amendment be ical education, and field trips. As the providing the public education for set aside for further business. program enters its third year, the these students. The PRESIDING OFFICER. Without schools report improved attendance There are many examples of after- objection, it is so ordered. and reduced conflicts during after- school programs including: literacy Mr. REID. Mr. President, I suggest school hours. Children in the program programs; senior citizen programs; the absence of a quorum. also show greater interest in com- children’s daycare services; summer The PRESIDING OFFICER. The pleting their homework. and weekend school programs; nutri- clerk will call the roll. Another example can be found in New tion and health programs; expanded li- The assistant legislative clerk pro- York City where the YMCA of Greater brary services; telecommunications ceeded to call the roll. New York, in partnership with the New and technology education programs; Mr. BOND. Mr. President, I ask unan- York City Board of Education, is work- parenting skills; employment coun- imous consent that the order for the ing to bring extended school services to seling, training, and placement; and quorum call be rescinded. 10,000 public school children by turning services for individuals with disabil- The PRESIDING OFFICER. Without 200 of the city’s underserved public ities. These are already included in the objection, it is so ordered. schools into virtual Y’s from 3 p.m. to bill. I want to make sure there is no Mr. BOND. Mr. President, as we 6 p.m. after school each day. confusion, that everyone understands begin this critical week with debate on There are all kinds of programs. Sec- we need to make sure the 21st Century the education bill, I wanted to make ond, third, and fourth graders take Community Learning Center also in- some points that I think apply part in these programs. cludes school-based instruction for throughout the debate on education, A program in Charleston, WV, helps children who have limited English and I wanted to share with my col- 60 students who live in a community skills. leagues some of my hopes, aspirations, plagued by crime and drugs attend a It is important we do that. These and concerns. I thank the manager on summer camp operated by Chandler El- programs, I believe, are essential to de- the minority side for allowing us to do ementary School. creasing the number of students who so. I have given examples of programs dropout of school. Just think, instead Mr. JEFFORDS. Mr. President, I ap- that help 10,000 schoolchildren, and one of having 3,000 children dropping out of preciate the Senator coming. I know he that helps 60 schoolchildren. Is one any school, let’s say we have 2,500, if there has an important message. I look for- better than the other? Probably not, are 500 kids we can keep in school, I ward to listening to him. but they both work. think it will be well worth it. Mr. BOND. I thank the manager. Finally, a program in Waco, TX, the I hope we send a message by voting Mr. President, there have been nu- Lighted School Program, has kept mid- unanimously as a Senate for this legis- merous times that I have come to the dle schools open after school until 7 lation. I hope it has a strong vote. It is Senate floor to say—and I come, once p.m. at night Monday through Thurs- something that is important to the again, to repeat—that education is a day for activities and services to ap- country. I think it is important to this national priority, but it is an obliga- proximately 200 students who attend legislation. tion and responsibility of those at the regularly. Nineteen local organizations I yield the floor. provide activities and services. Baylor State and local level. The education of The PRESIDING OFFICER. The Sen- our children has traditionally been— University contributes 115 college stu- ator from Vermont. and ought to be in the future—carried dents as mentors. Each works with one Mr. JEFFORDS. Mr. President, I out and implemented at the local level. child for a full school year. commend the Senator for his excellent I remember a couple of years ago The recreation department of that presentation. He has put his finger on when we were talking about Federal city leads supervised field trips and one of the most serious problems we games. Two art centers send instruc- have in this Nation, and that is the control that one of my colleagues, who tors to the schools to lead hands-on ac- dropout problem. is now no longer with us, was in a de- tivities, and library staff help children We have to be very careful when we bate with a representative in the De- read and act out stories. find somebody is proud of their record partment of Education. The Depart- Children who participated in the because their averages have improved, ment of Education person said: I care Lighted School Program say they ap- because then we find out the reason just as much about your children and preciate having a safe place to go after they have improved is so many kids their needs and their operations in school, that it keeps them off the dropped out of school that the ones school and their success as you do, to streets and it is more fun, they say, who are left average a higher percent- which he replied: Well, that’s great. Do than sitting at home in front of the tel- age of successful students. So we have you know their names? No. Do you evision. Several say if the program did to be very careful when we examine know what their scores are? No. Do you not exist, they would be in big trouble. these matters. know what their challenges are? No. There are programs that do help. My Also, the Senator did a very excellent Do you know where their schools are? afterschool literacy amendment will job pointing out the group of students No. not substitute for school-based aca- who have the most difficult problems The simple fact is that none of us demic instruction but will complement staying in school are those with lan- here in Washington, no matter how it. guage difficulties, Hispanics in par- much we are concerned about edu- My amendment expands the existing ticular. cation in general and children in gen- 21st Century Community Learning His amendment is an excellent one. I eral, can know what the problems are Centers Program. This program helps would love to accept it, but I under- and what the challenges are and how fund a variety of valuable programs. stand it can further serve another pur- best to meet those challenges for stu- This grant program is directed at pose, which, as we are aware, happens dents in each local school district inner-city and rural schools that are on Mondays. So I ask at some point, throughout this Nation. working in partnership with commu- when the Senator is ready, we call for I think we would all say that each nity organizations to provide learning a vote. child is different. Each school district and enrichment programs outside of Mr. REID. Mr. President, I ask for is different. Each school is different. I regular school hours for children and the yeas and nays. think for that and other good reasons adults. The PRESIDING OFFICER (Mr. the Federal role in education has been A community learning center is an VOINOVICH). Is there a sufficient sec- a limited one, and I believe it should entity within a public elementary, ond? be. S4862 CONGRESSIONAL RECORD — SENATE May 14, 2001 The underlying bill before us—S. 1— chart with the green line. It is a flat and these Federal dictates—all these recognizes the nature and the scope of line. If that were a line on a key chart good ideas that went into these pro- this role. The legislation creates a in a hospital measuring the heartbeat grams—tell the local schools how they leadership role for the Federal Govern- of the patient, it would say the patient ought to handle the programs they ment in encouraging States to adopt is dead. All the money has produced no would otherwise be doing to educate commonsense systems based upon appreciable benefits. That is the math their kids. And most of them say, well standards, measurements, and account- scores. over 50 percent of the redtape and the ability. The underlying bill as reported Maybe we can look at another chart headache and the requirements and the out of our committee did not attempt to see if we got any better results. How hassle they go through comes from the to micromanage the local schools and have we done in reading? This chart Federal Government. classrooms. has the appropriations for ESEA pro- How can we afford to keep spending S. 1 also would give us the oppor- grams in billions of dollars. It is the Federal education dollars in the same tunity to redefine how we measure suc- same type of chart as the last one. It way we have been doing it for years if cess. For too long, many of my col- shows the national 4th grade reading it is not achieving any success? I do leagues here have supported throwing scores: a flat line, no life in the pa- not think we can. I do not think we more and more money at education. tient. We are not getting any better. should stand for it. I have talked to too And the Washington-based education We are spending more money to do no many parents and teachers, school establishment generally has deter- better. board members, community and busi- mined our success in education pro- I am afraid we are about to hijack S. ness leaders who say: Our children de- grams based on the dollars spent—not 1 and turn it into a replay of the same serve better. This country deserves bet- on the academic achievements, not on kind of Federal micromanagement and ter. the progress, and not on what our chil- Federal direction of education that has Over the past several years, I have dren are learning in school to be better managed to use a whole lot of money opposed the creation of specific new prepared for their role in this increas- without getting any results. programs and their dictates on the ingly complex and competitive society. These Federal programs—the Edu- style of their education, even these If more money were the answer, we cation Commission of the States says amendments that have been offered in wouldn’t be debating this bill because 35; I say over 760—have gotten us bur- good faith. These amendments were we wouldn’t have the problem. We have densome regulations, unfunded man- good ideas, if we had taken our good poured more and more Federal money dates, and unwanted meddling. The ideas and ran for membership on a into education, and the academic folks at the local level—whether they school board. I am sure many of my achievement of our students has been be parents or teachers or school board colleagues could make great contribu- level or in some cases it has fallen be- members or administrators—say they tions if they were on the school board in Mexico, MO, or the R–6 school dis- hind. have less and less control. Jobs of our In pouring more money into public teachers and administrators are harder trict or the St. Louis city school board education, we have gone to great than they should be. We have eroded or the Jefferson City school board, but we are not. lengths to detail precisely how those the opportunity for creativity and mo- The problem is, there are different teachers—the men and women who tivation. needs and different challenges in Mis- know the names of the child in their I don’t know how many of you have taken the opportunity to do what I souri, in Washington, in Arizona, in classroom, and know what his or her Maine, or in Florida. When we pass a problems are, more and more they are have done in Missouri. Over the last 3 years, I have traveled throughout the law, when we pass a dictate or a re- being told what to do by Washington. quirement, we do not know how that is According to the Education Commis- State—in the metropolitan areas, the going to impact the kids who are the sion of the States: suburban areas, the rural areas—and I have met with representatives of ones who have to be taught. We may In the 1999–2000 budget, the federal govern- understand education in general, but ment spent almost $44 billion on elementary teachers, of school board members, of and secondary education programs. This administrators. I have asked: What is there are educational needs that are funding was spread across 35 different edu- the problem here? And too many of specific and direct in each school dis- cation programs in 15 different federal de- them have come back to say: We are trict as the individual student in- partments. spending our time as glorified volved. I cannot believe, if my colleagues We did a little research a couple grantsmen, trying to get more money went back home, spent some time, sad- years ago and found out there are over from the Federal Government, trying dled up the horses, went out and just 760 education programs. It was that to jump through the hoops, trying to rode the circuit, that you wouldn’t proliferation of good ideas from Wash- do what the Federal Government wants hear the same things. I know, first ington that led me at the time to pro- us to do. We don’t have the time to pre- hand. Our State has some of the best pose what we call the Direct Check For pare our lessons and to prepare our stu- teachers, the best principals, super- Education, to combine some of those dents for the education they need for a intendents, and school board members biggest programs, cut the redtape, send lifetime. it back to the school districts, and tell This is a serious problem. This is in the country. They are outstanding the school districts these are all things what the teachers, the administrators, people. They are really concerned. You think we are concerned about we think you ought to consider but do the school board members are telling education. Well, we were concerned not require them to dot every i and us throughout my State. It comes about education last week and will be cross every t, jump through the hoops, through loud and clear, and it is on a this week, but we have to be concerned and fill out forms and fill out reports bipartisan basis. From the most con- about the budget, we have to be con- and play ‘‘Mother May I’’ with the Fed- servative Republicans to the most lib- cerned about tax policy, and we are eral Government. eral Democrats, the people in Missouri, going to be concerned about energy All of these programs that exist who are involved at the local school today were started with good inten- policy. level, tell us there is far too much These dedicated men and women are tions, and they have gotten more time, effort, and energy wasted on spending their lifetime dedicated to money. Look at the money. Shown on complying with Federal dictates, Fed- one thing; that is, teaching our chil- this chart are the appropriations for eral mandates. dren. What do the people who are actu- ESEA programs in billions of dollars. Some of our schools say that, al- ally involved in education have to say? Starting in 1990, it looks as if, oh, though the Federal Government only The superintendent of Springfield, around $7 billion was spent, and now it provides an average of about 5 per- MO, public schools said: has gone up to, oh, I would say close to cent—I guess in Missouri it is a little . . . the amount of paperwork that the fed- $380 billion. less than the national average of the eral government causes local school districts This shows what has happened in the dollars going to education—it, in ef- to engage in is often overwhelming. The average national scale math scores for fect, controls about 50 percent of what extra effort and time often reduces produc- 9-year-olds. That is measured on the is done because these Federal mandates tive classroom time and energy that could May 14, 2001 CONGRESSIONAL RECORD — SENATE S4863 better be spent working directly with chil- A little girl hustling to school—she guarantee you, we don’t know. We dren. was late for school—said a little prayer can’t know for every school district in Mr. Berrey of the Wentzville R–IV that she would get to school on time. the Nation. That is why we ought not school said: She went about another half block and be mandating that Federal dollars be Limiting federal intrusion into decisions got going too fast and fell down on her spent for a purpose that may or may best left to local communities is what I be- face. She offered up another little not be the top priority need of that dis- lieve our founding fathers had in mind. prayer: I would like you to help me to trict. From the Neosho, MO, R–5 school dis- get to school, but don’t push so hard. I Mandating specific resources for trict: fell down. class size reduction really takes money The individuals who are working most Sometimes we are pushing a little off the table for other schools that closely with the students are indeed the ones too hard. Sometimes what we try to do have already addressed that specific who can best decide how this money can be to help the people who are trying to de- issue. As I said earlier, they may have spent for the benefit of students’ education. liver education try to uplift and em- decided that professional development The superintendent of the Special power our children pushes them down for their teachers to improve the qual- School District of St. Louis County on their face. I think it is time that we ity of teaching is more important to said: consolidate those programs, that we obtain academic success for the stu- As head of a school district specializing in take all these great revenues and give dents and schools. special education, I fully understand how my parents a say. Let school boards deter- We always deal with limited budgets. district’s financial needs differ from other There is not going to be an unlimited school district’s needs. In order to best uti- mine the policy, let administrators know how to run their school, and let source of money going into anything lize the limited funds that are at my dis- we need. The question is how best we posal, I need maximum flexibility in deter- teachers who know the names and the mining how to put those funds to the best problems and the opportunities and the spend the money we have. All of us agree that a good, quality education is use. potential of each child make those edu- our top national priority. We can’t say The president of the board of edu- cational decisions. cation of the Blue Springs, MO, school S. 1, the underlying bill, consolidates we are going to have all the specific district said: a myriad of Federal programs into a programs and we are going to meet every need of every school district be- Without local control, the focus is taken set of programs designed to allow away from the needs specific to the children States and local school districts to cause State and local funds still cover at least 90 percent—in most States in each school system. make decisions on their own, to deter- more—of education funding. We are not But I think maybe the super- mine their priorities, recognizing that going to replace that. We shouldn’t be- intendent of the Taneyville, MO, R–II education reform will take place in the cause we didn’t run for this office to be school district sums it up well: classroom, not because of all of the I feel that State and Federal government a national school board. wonderful, great ideas we have in The President and the Secretary of has tied our school’s hands with mandated Washington, DC. The underlying con- programs and mandated uses for the monies Education are men deeply committed cept of S. 1 is the right way to go. to education, but they are not good su- we are receiving. The schools are likened to Amendments on class size are abso- puppets on a string. Pull this string this way perintendents of schools or principals lutely unnecessary. Class size reduc- and the school does this; pull it another way or even teachers, in this instance, be- and the school does that. School systems and tion is an option in S. 1’s larger, more cause they have to deal with all the communities are as different from one an- flexible program for improving the schools and they can’t know all the other as individual people are different. quality of classroom teaching. It kids’ names. What works for one will not work for an- should be an option, not a mandate. The American public is and should be other. Let me ask this question: Has it been interested in the debate in Washington I offer those because that is the kind shown that a fifth grade class must because they overwhelmingly believe of information all of us need as we have only so many children in it to be that good education for our children is move forward on any kind of education successful? I have talked to a lot of ad- a top priority. But they also know bill, certainly one as important as the ministrators who say the most impor- what really matters is what goes on in reauthorization of the Elementary and tant thing for teaching that fifth grade the schools and the classrooms around Secondary Education Act. My col- class and each child in it is to make the country. As much as we like to leagues haven’t been in a position to sure the quality of the teacher is good. argue among ourselves, what is said in listen to those people and ask them If we can’t come up with two quality this Chamber or even in the other body questions directly, but I suggest to teachers, all we do, in splitting up the is not going to drive the education of a them, if they go home and ask ques- class, is say to those children who go student or make sure that student is tions, they will hear the same, with with a less qualified teacher that they better educated. That depends upon a similar eloquence and similar heartfelt don’t get as good an education. teacher and the school in which that concern, in their States. What if the school district has al- child studies. To me the issue is simple: We must ready devoted its money to reducing Individuals on one side of this debate give our States and localities the flexi- class size, used its local funds? What believe that the Olympians on the hill, bility to utilize the limited amount of they need is better pay to keep those those of us in Washington with fine ti- Federal resources as they see fit and teachers there. tles, those of us with national respon- hold them accountable in the form of On classroom funding, are we going sibilities in the Congress or those in academic achievement. We must recog- to say: You can only use this money to the Education Department, a group of nize and reward States and localities hire more teachers? What if the prin- very concerned individuals, know what that succeed in improving academic cipal said: I have some great teachers, is best for the folks down in the valley. achievement. There also should be con- but they are going to go into the pri- I happen to be on the side who be- sequences for States and localities that vate sector if I don’t give them a pay lieve that the great ideas, the accom- fail. increase? How does that make sense for plishments, the successes that are We have a choice between having us to say to every school district in the going to make our children better edu- Washington, DC, control our schools Nation: Thou shalt hire more teachers? cated for the future, that are going to and the local level. Who is most likely It doesn’t make sense to me. help them meet the challenges of this to waste money? There is no contest Local school districts are best wonderful but challenging century are there. Unfortunately, we have dem- equipped to determine what they need. going to be made by the folks in the onstrated in Washington collectively Many have already reduced class size valley, the men and women who staff that no matter how good our ideas, where they thought necessary. They our schools, who are the teachers, ad- how well intentioned our efforts are to might have done that at the expense of ministrators, superintendents, prin- provide direction and counseling and some other things: Teacher pay, tech- cipals who run the school boards, and hope for schools, we may not be doing nology, class books. Maybe they need who are the parents who, above all, are the right job; we may be causing them professional development for the teach- the ones with the greatest stake in the more problem. ers they have. How do we know? I will education of their children. S4864 CONGRESSIONAL RECORD — SENATE May 14, 2001 I hope this body does not hijack S. 1 The PRESIDING OFFICER. Without I hear from parents certainly across and make it into another system of objection, it is so ordered. my State how valuable it is to have the categorical grants: Jump through this The amendment reads as follows: Boys and Girls Clubs. I hear it also hoop and you will get some dollars. But (Purpose: To provide for the establishment of from police chiefs. In fact, one police then you will have to fill out reports additional Boys and Girls Clubs of America) chief told me, rather than giving him a and check in with Washington to see On page 893, after line 14, add the fol- couple more police officers, fund a how you used them, and then you will lowing: Boys and Girls Club in his district; it have to file more reports, or you can SEC. ll. BOYS AND GIRLS CLUBS OF AMERICA. would be more beneficial. This long- Section 401 of the Economic Espionage Act jump through this hoop if you make a of 1966 (42 U.S.C. 13751 note) is amended— term Federal commitment has enabled successful application. And if you jump (1) in subsection (a)(2)— Vermonters to establish six Boys and through the right hoops and somebody (A) by striking ‘‘1,000’’ and inserting Girls Clubs—in Brattleboro, Bur- in Washington agrees that it is OK, ‘‘1,200’’; lington, Montpelier, Randolph, Rut- then you have to follow up with more (B) by striking ‘‘2,500’’ and inserting land, and Vergennes. In fact, I believe reports and redtape and forms and tell ‘‘4,000’’; and the Vermont Boys and Girls Clubs have them what you did. I don’t think that (C) by striking ‘‘December 31, 1999’’ and in- received more than a million dollars serting ‘‘December 31, 2006, serving not less is the way we ought to be going on edu- than 6,000,000 young people’’; from the Department of Justice grants cation. (2) in subsection (c)— since 1998. I urge my colleagues, as we look at (A) in paragraph (1), by striking ‘‘1997, 1998, Last week at a Vermont town meet- these amendments before us, to ask 1999, 2000, and 2001’’ and inserting ‘‘2002, 2003, ing on heroin prevention and treat- these basic questions: Is this amend- 2004, 2005, and 2006’’; and ment, I was honored to present a check ment or provision going to enable (B) in paragraph (2)— for more than $150,000 in Department of somebody who is teaching children in a (i) in the matter preceding subparagraph Justice funds to the members of the school in my State to do a better job? (A), by striking ‘‘90 days’’ and inserting ‘‘30 Burlington club to continue helping Is it going to be across the board? Is it days’’; young Vermonters find some construc- (ii) in subparagraph (A), by striking ‘‘1,000’’ going to enable every teacher in every and inserting ‘‘1,200’’; and tive alternatives for both their talents school district? Or is it only going to (iii) in subparagraph (B), by striking ‘‘2,500 and energies, because we know that in affect a few school districts, where our Boys and Girls Clubs of America facilities in Vermont and across the Nation Boys priority happens to be that school’s operation before January 1, 2000’’ and insert- and Girls Clubs are proving they are a priority? ing ‘‘4,000 Boys and Girls Clubs of America growing success at preventing crime Mr. President, I urge my colleagues facilities in operation before January 1, and supporting young children. to rethink how we are going in terms 2007’’; and Parents, educators, law enforcement of setting up too many hoops for (3) in subsection (e), by striking paragraph officers, and others know we need safe (1) and inserting the following: schools to jump through. We want to havens where young people can learn ‘‘(1) IN GENERAL.—There are authorized to see better education, but Federal hoops be appropriated to carry out this section— and grow up free from the influence of are not the way to get there. ‘‘(A) $60,000,000 for fiscal year 2002; the drugs and gangs and crime. That is I thank the Chair and yield the floor. ‘‘(B) $60,000,000 for fiscal year 2003; why the Boys and Girls Clubs are so Mr. JEFFORDS. Mr. President, I ‘‘(C) $60,000,000 for fiscal year 2004; important to our Nation’s children. In- commend the Senator for his dedica- ‘‘(D) $60,000,000 for fiscal year 2005; and deed, the success already in Vermont tion to education. He is a very valuable ‘‘(E) $60,000,000 for fiscal year 2006.’’. has led to efforts to create nine more member of my committee. I have lis- Mr. LEAHY. Mr. President, does this clubs throughout my home State. Con- tened carefully to his message, and I become the 12th amendment, or one on tinued Federal support would be crit- thank him. the list on those now pending? ical to these expansion efforts in I yield to the Senator from Vermont. The PRESIDING OFFICER. It is on Vermont and in the other 49 States as The PRESIDING OFFICER. The Sen- the list of those that are now pending. well. ator from Vermont. Mr. LEAHY. I thank the Presiding I was disappointed when the Presi- Mr. LEAHY. Mr. President, the Sen- Officer. dent’s budget request called for elimi- ator from Vermont thanks the Senator Mr. President, I join with the chair- nating funding for Boys and Girls Clubs from Vermont for yielding to the Sen- man of the Senate Judiciary Com- from the Department of Justice’s pro- ator from Vermont, and the Senator mittee in offering this amendment. As grams for State and local law enforce- from Vermont thanks the Chair for the Senators know, this reauthorizes ment assistance. I realize there was an recognizing both Senators from Department of Justice grants for new effort to bring down the budget to com- Boys and Girls Clubs in each of our 50 Vermont. pensate for what has been a very large Someday somebody looking through States. This bipartisan amendment author- tax cut, but I think this money should trivia in the RECORD will try to figure izes $60 million in Department of Jus- have been left in. I think the adminis- out what the heck that was all about. tice grants for each of the next 5 years tration makes a mistake in cutting out Mr. President, what is the parliamen- to establish 1,200 additional Boys and the money for the Boys and Girls tary situation? Are there amendments Girls Clubs across the Nation. In fact, Clubs. pending? this will bring the number of Boys and In fact, based on last year’s appro- The PRESIDING OFFICER. There Girls Clubs to 4,000. That means they priations, the failure of the Bush ad- are amendments pending. It would take will serve approximately 6 million ministration to request funding for the unanimous consent to set them aside. young people by January 1, 2007. Department of Justice grants for Boys AMENDMENT NO. 424 I am very impressed with what I see and Girls Clubs amounts to a $60 mil- Mr. LEAHY. Mr. President, I ask about the Boys and Girls Clubs as I lion cut in our Federal drug and crime unanimous consent that amendment travel around the country. In 1997, I prevention efforts. I have written to No. 424 be added to the list of those was very proud to join with Senator the administration. I hope the Presi- amendments that are now pending. I HATCH and others to pass bipartisan dent will reconsider this decision. I send the amendment to the desk. legislation to authorize grants by the hope he will realize that the Boys and The PRESIDING OFFICER. The Department of Justice to fund 2,500 Girls Clubs is not a Democratic initia- clerk will report the amendment. Boys and Girls Clubs across the Nation. tive or a Republican initiative; this is The legislative clerk read as follows: We got very strong bipartisan support. a commonsense initiative that both The Senator from Vermont [Mr. LEAHY], We increased the Department of Jus- parties have endorsed. for Mr. HATCH, for himself, Mr. LEAHY, Mr. tice grant funding for the Boys and Those of us who have children or THURMOND, and Mr. KOHL, proposes an Girls Clubs from $20 million in fiscal grandchildren know instinctively how amendment numbered 424. year 1998 to $60 million in fiscal year important it is. If we have any doubt, Mr. LEAHY. Mr. President, I ask 2001. That is why we have now 2,591 we can just talk to any of the parents unanimous consent that further read- Boys and Girls Clubs in all 50 States in the towns or communities where ing of the amendment be dispensed and 3.3 million children are served. It is there are Boys and Girls Clubs; they with. a success story. will tell you how valuable they are. In May 14, 2001 CONGRESSIONAL RECORD — SENATE S4865 fact, the Boys and Girls Clubs of Amer- Mr. HELMS. Mr. President, I ask designated open forum whenever the school ica are the most successful youth orga- unanimous consent that the reading of involved grants an offering to or opportunity nization in the country today, accord- the amendment be dispensed with. for 1 or more youth or community groups to ing to the Chronicle of Philanthropy. The PRESIDING OFFICER. Without meet on school premises or in school facili- I worked together on the Senate Ju- objection, it is so ordered. ties before or after the hours during which attendance at the school is compulsory. diciary Committee with Attorney Gen- The amendment is as follows: eral Ashcroft, and I applaud him be- (Purpose: To prohibit the use of Federal Mr. HELMS. Mr. President, I ask cause he is a big booster of the Boys funds by any State or local educational unanimous consent that the amend- and Girls Clubs. He spent a lot of his agency or school that discriminates ment be laid aside. against the Boy Scouts of America in pro- youth at a club in Missouri, he told me. The PRESIDING OFFICER. Without viding equal access to school premises or objection, it is so ordered. I am hopeful that the Attorney Gen- facilities) AMENDMENT NO. 648 TO AMENDMENT NO. 574 eral will also support additional De- At the appropriate place, add the fol- partment of Justice funding for more lowing: Mr. HELMS. Mr. President, I send a Boys and Girls Clubs. He was very help- TITLE ll—EQUAL ACCESS TO PUBLIC second-degree amendment to the desk ful to the debate when Senator HARKIN SCHOOL FACILITIES and ask that it be stated. and I offered an amendment to add one- SEC. ll1. SHORT TITLE. The PRESIDING OFFICER. The half billion dollars to the Department This title may be cited as the ‘‘Boy Scouts clerk will report. of Justice Department in fiscal year of America Equal Access Act’’. The legislative clerk read as follows: 2002 that would fund programs that as- SEC. ll2. EQUAL ACCESS. The Senator from North Carolina [Mr. sist State and local law enforcement. (a) IN GENERAL.—Notwithstanding any HELMS] proposes an amendment numbered Our amendment, the Leahy-Harkin law other provision of law, no funds made avail- 648 to amendment No. 574. able through the Department of Education enforcement budget amendment, shall be provided to any public elementary Mr. HELMS. Mr. President, I ask passed the Senate unanimously. It does school, public secondary school, local edu- unanimous consent that the reading of continue funding for the Boys and Girls cational agency, or State educational agen- the amendment be dispensed with. Clubs and their Department of Justice cy, if the school or a school served by the The PRESIDING OFFICER. Without grants. agency— objection, it is so ordered. In fact, the budget resolution con- (1) has a designated open forum; and The amendment is as follows: (2) denies equal access or a fair oppor- ference report retained most of the In lieu of the matter proposed to be in- funding increases in the Leahy-Harkin tunity to meet to, or discriminates against, any group affiliated with the Boy Scouts of serted, insert the following: law enforcement amendment. America or any other youth group that wish- TITLE ll—EQUAL ACCESS TO PUBLIC I hope the amendment today to reau- es to conduct a meeting within that des- SCHOOL FACILITIES thorize the Department of Justice ignated open forum, on the basis of the mem- SEC. ll1. SHORT TITLE. grants to the Boys and Girls Clubs of bership or leadership criteria of the Boy This title may be cited as the ‘‘Boy Scouts America will clear the way for the ad- Scouts of America or of the youth group that of America Equal Access Act’’. prohibit the acceptance of homosexuals, or ministration to endorse Federal fund- SEC. ll2. EQUAL ACCESS. individuals who reject the Boy Scouts’ or the ing for this effort. It is something on (a) IN GENERAL.—Notwithstanding any youth group’s oath of allegiance to God and which Senator HATCH and I have joined other provision of law, no funds made avail- country, as members or leaders. forces. We want to demonstrate this is (b) TERMINATION OF ASSISTANCE AND OTHER able through the Department of Education not a Liberal, Conservative, Repub- ACTION.— shall be provided to any public elementary lican, or Democratic effort. It is a com- (1) DEPARTMENTAL ACTION.—The Secretary school, public secondary school, local edu- monsense effort because these clubs is authorized and directed to effectuate sub- cational agency, or State educational agen- cy, if the school or a school served by the make such a real difference in the lives section (a) by issuing, and securing compli- ance with, rules or orders with respect to a agency— of millions of America’s young people. (1) has a designated open forum; and Mr. President, I see others in the public school or agency that receives funds made available through the Department of (2) denies equal access or a fair oppor- Chamber, and I yield the floor. Education and that denies equal access, or a tunity to meet to, or discriminates against, Mr. FEINGOLD. Mr. President, I ask fair opportunity to meet, or discriminates, any group affiliated with the Boy Scouts of unanimous consent that the Senator as described in subsection (a). America or any other youth group that wish- from North Carolina be recognized and (2) PROCEDURE.—The Secretary shall issue es to conduct a meeting within that des- that I follow him after his remarks. and secure compliance with the rules or or- ignated open forum, on the basis of the mem- The PRESIDING OFFICER. Without ders, under paragraph (1), in a manner con- bership or leadership criteria of the Boy objection, it is so ordered. The Senator sistent with the procedure used by a Federal Scouts of America or of the youth group that department or agency under section 602 of prohibit the acceptance of homosexuals, or from North Carolina. individuals who reject the Boy Scouts’ or the Mr. HELMS. Mr. President, the Sen- the Civil Rights Act of 1964 (42 U.S.C. 2000d– 1). youth group’s oath of allegiance to God and ator is most gracious, and I certainly (3) JUDICIAL REVIEW.—Any action taken by country, as members or leaders. appreciate it. I ask unanimous consent the Secretary under paragraph (1) shall be (b) TERMINATION OF ASSISTANCE AND OTHER that it be in order for me to present my subject to the judicial review described in ACTION.— remarks seated at my desk. section 603 of that Act (42 U.S.C. 2000d–2). (1) DEPARTMENTAL ACTION.—The Secretary The PRESIDING OFFICER. Without Any person aggrieved by the action may ob- is authorized and directed to effectuate sub- objection, it is so ordered. tain that judicial review in the manner, and section (a) by issuing, and securing compli- Mr. HELMS. I thank the Chair. What to the extent, provided in section 603 of that ance with, rules or orders with respect to a is the pending amendment? Are there Act. public school or agency that receives funds pending amendments, Mr. President? (c) DEFINITIONS AND RULE.— made available through the Department of The PRESIDING OFFICER. Yes, (1) DEFINITIONS.—In this section: Education and that denies equal access, or a (A) ELEMENTARY SCHOOL; LOCAL EDU- fair opportunity to meet, or discriminates, there are pending amendments. CATIONAL AGENCY; SECONDARY SCHOOL; STATE as described in subsection (a). Mr. HELMS. I ask unanimous con- EDUCATIONAL AGENCY.—The terms ‘‘elemen- (2) PROCEDURE.—The Secretary shall issue sent that they be laid aside tempo- tary school’’, ‘‘local educational agency’’, and secure compliance with the rules or or- rarily so I may offer an amendment. ‘‘secondary school’’, and ‘‘State educational ders, under paragraph (1), in a manner con- The PRESIDING OFFICER. Without agency’’ have the meanings given the terms sistent with the procedure used by a Federal objection, it is so ordered. in section 3 of the Elementary and Sec- department or agency under section 602 of AMENDMENT NO. 574 TO AMENDMENT NO. 358 ondary Education Act of 1965. the Civil Rights Act of 1964 (42 U.S.C. 2000d– Mr. HELMS. Mr. President, I call up (B) SECRETARY.—The term ‘‘Secretary’’ 1). amendment No. 574 and ask that it be means the Secretary of Education, acting (3) JUDICIAL REVIEW.—Any action taken by through the Assistant Secretary for Civil the Secretary under paragraph (1) shall be stated. Rights of the Department of Education. subject to the judicial review described in The PRESIDING OFFICER. The (C) YOUTH GROUP.—The term ‘‘youth section 603 of that Act (42 U.S.C. 2000d–2). clerk will report. group’’ means any group or organization in- Any person aggrieved by the action may ob- The legislative clerk read as follows: tended to serve young people under the age tain that judicial review in the manner, and The Senator from North Carolina [Mr. of 21. to the extent, provided in section 603 of that HELMS] proposes an amendment numbered (2) RULE.—For purposes of this section, an Act. 574. elementary school or secondary school has a (c) DEFINITIONS AND RULE.— S4866 CONGRESSIONAL RECORD — SENATE May 14, 2001 (1) DEFINITIONS.—In this section: I asked the Congressional Research Boy Scouts of America and not oblige (A) ELEMENTARY SCHOOL; LOCAL EDU- Service for a report about how many those Boy Scouts to compromise their CATIONAL AGENCY; SECONDARY SCHOOL; STATE school districts have already taken membership or leadership guidelines, EDUCATIONAL AGENCY.—The terms ‘‘elemen- hostile actions against the Boy Scouts nor any of their moral principles. tary school’’, ‘‘local educational agency’’, ‘‘secondary school’’, and ‘‘State educational of America. The Congressional Re- Specifically, the pending first-degree agency’’ have the meanings given the terms search Service reported to me that at and second-degree amendments propose in section 3 of the Elementary and Sec- least nine school districts are known to that any public school receiving Fed- ondary Education Act of 1965. have publicly attacked the Boy Scouts eral funds from the Department of Edu- (B) SECRETARY.—The term ‘‘Secretary’’ of America, and in the majority of cation must provide the Boy Scouts or means the Secretary of Education, acting these cases they have done so in an youth groups such as the Boy Scouts through the Assistant Secretary for Civil outright rejection of the Supreme equal access to school facilities and Rights of the Department of Education. Court’s ruling protecting Boy Scouts’ must not discriminate against the Boy (C) YOUTH GROUP.—The term ‘‘youth group’’ means any group or organization in- rights. Scouts of America by requiring scouts tended to serve young people under the age One of the more publicized instances or any other youth groups to accept of 21. occurred in Broward County, FL—a homosexuals as members or as leaders (2) RULE.—For purposes of this section, an place which earned some notoriety last or any other individuals who reject the elementary school or secondary school has a fall due to its ballot confusion during Boy Scouts’ oath of allegiance to God designated open forum whenever the school the Presidential election. Obviously, and country. The penalty for such vio- involved grants an offering to or opportunity Broward County, FL, is in another lation, could constitute the risk of for 1 or more youth or community groups to state of confusion: Its school board their Federal funding being eliminated. meet on school premises or in school facili- voted unanimously to forbid—get ties before or after the hours during which This amendment provides the Office attendance at the school is compulsory. this—forbid the Boy Scouts of America of Civil Rights within the Department SEC. ll3. EFFECTIVE DATE. to use the public school facilities for of Education the statutory authority This title takes effect 1 day after the date their meetings, as had historically to investigate any discriminatory ac- of enactment of this Act. been the case, unless the Boy Scouts tion taken against The Boy Scouts of Mr. HELMS. Mr. President, for years, compromised with, guess who? That is America based on their membership or the Boy Scouts of America organiza- right: the homosexual leaders of leadership criteria. tion has been subjected to malicious Broward County. Thankfully, the U.S. In other words, DOE will handle assaults by some homosexuals and district court in Florida intervened at cases of discrimination against the Boy some liberal politicians simply because that point, and the court has issued a Scouts, in the same manner that DOE the Boy Scouts of America organiza- preliminary injunction prohibiting currently handles other cases of dis- tion, and many individual scout Broward County from moving forward crimination, which are barred by Fed- groups, have steadfastly continued to in evicting the Boy Scouts from the eral law and may result in termination uphold their moral and decent stand- school premises. of Federal funds. ards for scouting and the leaders of I am obliged to acknowledge that For those unfamiliar with the exist- that great organization. Broward County is not the only school ing process: DOE has given their Office I have long admired and supported district taking such action. In my own of Civil Rights oversight responsibility scouting—its leaders, and the Boy State of North Carolina, members of over discrimination complaints. The Scouts themselves. (I was one a long the Chapel Hill School District have Office of Civil Rights typically notifies time ago, although we will not discuss demanded that the Boy Scouts of and warns a fund recipient—such as a how long ago that was.) In any case, it America change their policy (which school—to correct its actions or else. comes as no surprise to me that the was upheld, Mr. President, you will re- However, it should be noted that ac- Supreme Court properly upheld in June member, by the Supreme Court in June cording to CRS: of last year the constitutional rights of of last year), or the Chapel Hill School Historically, the fund termination sanc- the Boy Scouts of America—their District will send the Boy Scouts pack- tion has been infrequently exercised, and rights to establish their own member- ing to find another meeting place. Ei- most cases are settled at . . . the investiga- ship guidelines, which included no obli- ther do it their way or get out of the tive process.... gation whatsoever to accept homo- school. That is what they are saying in Therefore, it’s highly unlikely that sexuals as Boy Scout members or lead- Chapel Hill, NC. any school will in fact ever have its ers. Only if they will accept homosexuals funding cut-off; unless it adamantly re- Nor was there any surprise that there as their leaders and fellow scouts will fuses to provide the Boy Scouts of came the customary discordant com- these Boy Scouts be allowed to con- America equal access to school facili- pany of radical militants demanding tinue their meetings on school prop- ties. that this landmark decision of the U.S. erty. But those very same meeting Mr. President, 70 years ago, I remem- Supreme Court be undermined. places at school remain open for more ber raising my hand to take the Scout Mr. President, they never miss a than 800 Gay-Straight Alliance clubs. Oath. I have it written here but I really beat, not one—those who demand that These are homosexual school clubs do not need it. How many times on Fri- everybody else’s principles must be that have been formed with the assist- day night would we stand with our laid aside in order to protect the rights ance of the Gay, Lesbian, and Straight hands up and say: of homosexual conduct, or they go on Education Network, which is a radical On my honor as a Scout, I will do my best and on like Tennyson’s Brook. These group committed to promoting im- to do my duty to God and my country, and radical militants are up to the same moral lifestyles in the school systems to obey the Scout Law. To help other people old tactics when targeting an honor- of America. at all times, to keep myself physically able and respectable organization, the With groups such as these welcomed strong, mentally awake, and morally Boy Scouts of America. in our public schools, while the Boy straight. Where else do you suppose these peo- Scouts are kicked out, schoolchildren Mr. President. I hope the Senate will, ple are aiming their attacks now? The need, it seems to me, to have the Boy as the U.S. Supreme Court has already answer: the public schools of America. Scouts stick around, and that is what I done, uphold the constitutional rights School districts across America are want to do with this legislation, if I of the Boy Scouts of America to con- now being pressured to kick the Boy can, and if the Senate will go along tinue to take this oath, meaningfully Scouts of America out of federally with it. and sincerely. funded public school facilities. Why This arrogant discriminatory treat- I ask unanimous consent that the and how come, you may ask. I will tell ment of Boy Scouts of America must two memoranda, prepared by the Con- you. It is because the Boy Scouts will not be allowed to continue, and that is gressional Research Service and a legal not agree to surrender their first why I am sitting here this afternoon analysis, which was prepared by the amendment rights, and they will not offering amendments to reinforce the American Center for Law and Justice accept the agenda of the radical left in U.S. Supreme Court’s decision uphold- in support of my amendment on the this country. ing the first amendment rights of the grounds that it is constitutional—I ask May 14, 2001 CONGRESSIONAL RECORD — SENATE S4867 that all of these documents be printed be secured, OCR may pursue enforcement 2001] to give Scouts until June to either go in the CONGRESSIONAL RECORD at the through fund termination proceedings within against the rules of their organization or conclusion of my remarks. the agency or seek compliance by other au- lose their sponsorship and meeting places in There being no objection, the mate- thorized means. The administrative fund ter- schools.’’ 1/13/01 News & Observer (Raleigh mination process entails notifying the al- NC) B1, 2001 WL 3447689. rial was ordered to be printed in the leged discriminatory entity of the oppor- New York City: ‘‘School Chancellor Harold RECORD, as follows: tunity for hearing before a DOE administra- Levy . . . said the city school system would Memorandum to Hon. Jesse Helms from tive law judge. Alternatively, and more often not enter into any new contracts with the American Law Division, CRS, Mar. 5, 2001 the case, the matter may be referred to the Boy Scouts of America;’’ and that all spon- FEDERAL CIVIL RIGHTS ENFORCEMENT BY THE Department of Justice (DOJ) with rec- sorships and special privileges by city OFFICE OF CIVIL RIGHTS OF THE U.S. DE- ommendation for appropriate legal action. schools would be terminated, but that they PARTMENT OF EDUCATION AND RELATED Historically, the fund termination sanc- ‘‘will be allowed to have access to school MATTERS tion has been infrequently exercised, and buildings after school hours on the same most cases are settled at one of four stages basis as other organizations, which means At your request, this memorandum sum- of the investigative process: early complaint they would have to seek customary approval marizes our recent discussions relative to en- resolution; during negotiations prior to a first.’’ 12/3/00 Star Ledger (Newark N.J.) 028, forcement by federal administrative agen- ‘‘letter of finding’’ by the agency of a viola- 2000 WL 29894638. cies—in particular, the Office of Civil Rights tion, or following such a finding; and at the Los Angeles, CA: Los Angeles City Council (OCR) in the Department of Education—of administrative enforcement stage, when the has ‘‘directed all of the city’s departments to Title VI of the 1964 Civil Rights Act and institution is given a final opportunity to review contracts with the Boy Scouts and other federal statutes prohibiting discrimi- correct any violation found by the ALJ. In order an audit of those contracts to ensure nation in state and local programs receiving addition, litigation instituted by DOJ, on re- they comply with a nondiscrimination federal financial assistance. clause.’’ Id., 2000 WL 29894638. OCR is responsible for enforcing federal ferral from DOE, or by private parties pursu- Madison, Wis.: ‘‘A resolution unanimously laws barring discrimination based on race, ant to an implied right of action has been an passed by the Madison School Board . . . sex, national origin, disability or age in all important avenue for Title VI enforcement. harshly criticizes the Boy Scouts of America federal education programs or activities Although much litigation has concerned pub- for its exclusionary policies, but the resolu- funded by the federal government at the ele- lic school desegregation, Title VI judicial tion does not change district policies to- mentary, secondary, or higher educational remedies have also been invoked for claims wards the group.’’ 12/6/00 Wis. St. J. B3, 2000 level. It derives its authority mainly from of discrimination in school disciplinary pro- WL 24297730. the following statutory sources: Title VI of ceedings, failure to provide bilingual or sup- Seattle Wa.: ‘‘Seattle Public Schools offi- the 1964 Civil Rights Act, which enacted a plemental instruction for non-English speak- cials could decide as early as [January 2001] generic ban on race, color, or national origin ing students, student grades and ability whether to restrict Boy Scouts of America’s discrimination in all federally assisted pro- grouping, financial aid or scholarship pro- access to students and school buildings.’’ 12/ grams, educational or otherwise; Title IX of grams. 19/00 Seattle Post-Intelligencer B2, 2000 WL the Education Amendments of 1972, which ***** 5309920. No additional reportage on the cur- prohibits discrimination on the basis of sex rent status of Seattle schools was located. in education programs or activities that re- [Memorandum to Hon. Jesse Helms from Minneapolis Mn: Under unanimously- ceive federal financial assistance; Section 504 American Law Division, CRS, Mar. 6, 2001] passed Minneapolis School Board policy, of the Rehabilitation Act of 1973, banning ACTIONS BY VARIOUS SCHOOL DISTRICTS ‘‘[s]couts no longer can pass out recruitment discrimination because of handicap in all material in the city’s public schools and in- federally funded activities; and the Age Dis- ACROSS THE NATION TO RESTRICT ACCESS BY LOCAL SCOUTING ORGANIZATIONS TO PUBLIC dividual schools cannot sponsor troops; how- crimination Act of 1975. ever, scouting units may still use school Federal agencies were authorized by Title SCHOOL FACILITIES buildings for meetings and other events.’’ 10/ VI to enforce nondiscrimination ‘‘by issuing This memorandum responds to your in- 11/00 Stat. trib. (Minneapolis-St. Paul) 01B, rules, regulations, and orders of general ap- quiry, and our recent conversation, relative 2000 WL 6992730. plicability’’ and to secure compliance to the above. Worchester Ma.: ‘‘Superintendent of through imposition of sanctions, which may In Boy Scouts of America v. Dale, the U.S. Schools Alfred Tutela . . . banned the Boy include the ‘‘termination or refusal to grant Supreme Court ruled, by a 5 to 4 vote, that Scouts from holding meetings in the prop- or to continue assistance’’ to recipients, or the Boy Scouts have a constitutional right erties of the Wachusett Regional Schools by ‘‘any other means authorized by law.’’ An to exclude homosexual members and leaders. District.’’ 9/15/00 Telegram and Gazette early target of Title VI enforcement efforts Since then, controversies have arisen in (Worchester) B1, 2000 WL 10219354. Broward County, Florida, New York City, were segregated ‘‘dual school’’ systems in Framingham Ma.: Scouts ‘‘were banned and several other jurisdictions concerning the South, which had resisted the mandate from recruiting in the district’s schools.’’ 12/ continued local school board support of of Brown v. Board of Education to deseg- 29/00 Nat’l Post A 16, 2000 WL 30654763. regate with ‘‘all deliberate speed.’’ The Civil scouting programs. In Broward County, We hope that this is of assistance to you. Rights Act enlisted the executive branch—in school authorities reportedly ‘‘evicted 57 Boy this case, the former Department of Health Scout troops and Cub Scout packs from [Memorandum to Office of Senator Jesse Education and Welfare—as an ally of the school property in December [2000]’’ for vio- Helms from American Center for Law & courts in effectuating compliance with de- lating a nondiscrimination clause in their Justice, May 17, 2001] segregation requirements by means of agreement for use of the facilities. The Boy THE BOY SCOUTS OF AMERICA EQUAL ACCESS threatened fund cutoffs. With statutory cre- Scouts responded with a federal lawsuit in ACT (S. 1) IS FULLY CONSTITUTIONAL ation of the Department of Education in Miami district court, apparently still pend- 1979, OCR was made the principal entity re- ing, which challenges the officials’ action as INTRODUCTION sponsible for administratively enforcing the unlawful ‘‘viewpoint discrimination.’’ The The American Center for Law and Justice panoply of federal laws barring discrimina- action claims that the school district vio- (‘‘ACLJ’’) is a nonprofit, public interest law tion in programs and activities carried on by lated the Scouts’ right to free expression and firm and educational organization dedicated federally financed schools, school districts, equal access to public facilities. As we dis- to protecting religious liberty, human life, and higher education institutions. cussed, presumably neither Title VI of the and the family. ACLJ attorneys have suc- OCR enforces the noted statutes by con- 1964 Civil Rights Act nor Executive Order cessfully argued constitutional law cases in ducting investigations of complaints filed in 13160, issued by former President Clinton, federal and state courts across the United its ten regional offices or at national head- would prohibit denial by local educational States. See, e.g., Schenck v. Pro-Choice Net- quarters in Washington, or by conducting agencies of school facilities or services to work of Western New York, 519 U.S. 357 compliance reviews. Compliance reviews are scouting organizations. (1997); Lamb’s Chapel v. Center Moriches internally generated and are intended as A search of the Westlaw all news database Union Free School District, 113 S.Ct. 2141 broad investigations of overall compliance revealed that the following state or local (1993); Bray v. Alexandria Women’s Health by recipients of Federal financial assistance educational agencies have taken, or are con- Clinic, 113 S.Ct. 753 (1993); United States v. from the Department of Education. Institu- sidering, actions to restrict Boy Scout access Kokinda, 497 U.S. 720 (1990); Westside Com- tions are targeted for such review by exam- to public school facilities since the Supreme munity Schools v. Mergens, 496 U.S. 226 ining information gathered in surveys by Court decision in Boy Scouts of America: (1990); Frisby v. Shultz, 487 U.S. 474 (1988); OCR and from other sources. The surveys are Broward County, Fla.: ‘‘Broward County’s Board of Airport Commissioners v. Jews for intended to assist the agency in identifying school board voted unanimously to keep the Jesus, 482 U.S. 569 (1987). As reflected by potential areas of ‘‘system discrimination.’’ Boy Scouts of America from using public these cases, the ACLJ has a substantial in- Upon finding an apparent violation of Title schools to hold meetings and recruitment terest in preserving First Amendment free- VI or other applicable law, OCR notifies the drives because of the groups ban on gays.’’ 11/ doms for groups in various speech fora. fund recipient, i.e. the state or local edu- 16/00 Fla. Today 06, 2000 WL 20222668. The Boy Scouts of America Equal Access cation agency, and must then seek voluntary Chapel Hill N.C.: ‘‘The Chapel Hill- Act (S. 1) is consonant with the Free Speech compliance. If voluntary compliance cannot Carrboro school board voted [on January 11, and Free Association provisions of the First S4868 CONGRESSIONAL RECORD — SENATE May 14, 2001 Amendment. The denial of equal access for U.S. Supreme Court declared that a religious sorship and discrimination are not answers speech or association by the Boy Scouts in a speech exclusion (which is parallel to the to disagreements over stands on moral forum generally open to all other types of moral viewpoint exclusion here) was uncon- issues. The First Amendment specifically speech is unconstitutional viewpoint-based stitutional viewpoint-based discrimination. permits a variety of viewpoints to be ex- discrimination. See generally, Lamb’s Chap- The per se exclusion of a certain moral per- pressed in the marketplace of ideas, without el v. Center Moriches Union Free School spective is viewpoint-discriminatory. To fear of censorship or exclusion. Dist., 113 S.Ct. 2141 (1993). And, as to this make this point clear, the Court in Lamb’s The Boy Scouts of America Equal Access issue in particular, a Federal District Court Chapel used non-public forum standards to Act bill merely mandates what is constitu- in Florida has very recently ruled that such emphasize that even in that context the Cen- tionally required. As Boy Scouts of America discriminatory exclusion of the Boy Scouts ter Moriches School District has engaged in v. Till clearly illustrates, however, there is a from public school facilities was unconstitu- unconstitutional viewpoint-based discrimi- clear and present need for such legislation. tional, and enjoined the school district from nation because of its religious speech exclu- The PRESIDING OFFICER. Under such further discrimination. See generally, sion. See e.g., Lamb’s Chapel, 113 S.Ct. at the previous order, the Senator from Boy Scouts of America v. Till, Case No. 00- 2141. Wisconsin is recognized. 7776-Civ-Middlebrooks-Bandstra (S.D. Fla. In Lamb’s Chapel, the Center Moriches Mr. DORGAN. Mr. President, will the Mar. 21, 2001). The Boy Scouts of America school district allowed dozens of groups to Senator from Wisconsin yield for a Equal Access Act follows in that determina- engage in a host of First Amendment expres- tion to prevent discrimination and seeks to sive activities, but denied a church the right question? insure equal and constitutional treatment of to rent the facilities after school hours to Mr. President, I ask consent to be youth groups, such as the Boy Scouts, with- show a film series to adults on child-rearing recognized following the remarks of out regard to such organizations oath of alle- because of its religious content. Lamb’s the Senator from Wisconsin. giance to God and country, or the acceptance Chapel, 113 S.Ct. at 2144. In declaring the re- The PRESIDING OFFICER. Without of homosexuality. ligious speech ban to be unconstitutional the objection, it is so ordered. * * * * * Court stated: Mr. FEINGOLD. Mr. President, what The Boy Scouts of America Equal Access The film involved here no doubt dealt with is the pending business? Act is not only constitutional, the equal ac- a subject otherwise permissible under Rule The PRESIDING OFFICER. The cess that it seeks to protect is mandated by 10, and its exhibition was denied solely be- Helms amendment in two degrees. the Constitution. cause the film dealt with the subject from a Mr. FEINGOLD. Mr. President, I ask EXCLUSION OF THE BOY SCOUTS FROM AN OTH- religious standpoint. The principle that has the Helms amendment be temporarily emerged from our cases is that the First Amend- ERWISE OPEN FORUM WOULD BE REGARDED laid aside so I can speak on the bill WITH STRICT SCRUTINY BY THE COURTS ment forbids the government to regulate speech in ways that favor some viewpoints or ideas at itself. When a school district by policy or prac- The PRESIDING OFFICER. Without tice rents its facilities to community groups the expense of others.—113 S.Ct. at 2147–48 (emphasis added, citations and quotation objection, it is so ordered. it has clearly created an open forum and can- Mr. FEINGOLD. I rise to add my not then exclude speech because of its con- marks omitted). tent. As the Supreme Court has said, * * * * * thoughts to this important debate ‘‘[w]here the State has opened a forum for di- Like the school district in Lamb’s Chapel, about the proposed annual testing re- rect citizen involvement, exclusions bear a public school districts afford hundreds of quirements for students in grades 3–8. heavy burden of justification.’’ Widmar v. thousands of people the opportunity to ex- This bill that we are debating would re- Vincent, 454 U.S. at 268. press themselves through a myriad assort- quire states to implement annual test- When the government excludes speech ment of words and phrases. And, as in ing in reading and math by the 2005– from an open forum, the government ‘‘must Lamb’s Chapel, the sole rationale for the ex- 2006 school year; to develop standards therefore satisfy the standard of review ap- clusion of the Boy Scouts is a reliance upon propriate to content-based exclusions. It for science and history by the 2005–2006 the censorship itself as a justification for school year; and to implement annual must show that its regulation is necessary to such a flat ban. This circular reasoning can- serve a compelling state interest, and that it not withstand the strict scrutiny which must assessments in science for students in is narrowly drawn to achieve that end.’’ applied to such censorship. Such ‘‘overt, grades 3–8 by the 2007–2008 school year. Widmar v. Vincent, 454 U.S. at 270. See also, viewpoint based discrimination contradicts I commend the Senator from Min- Perry, 460 U.S. at 45; Cornelius v. NAACP the Speech Clause of the First Amendment.’’ nesota [Mr. WELLSTONE] for his com- Legal Defense and Education Fund, 473 U.S. 113 S.Ct. at 2149, (Kennedy, J. concurring). mitment to ensuring that these tests at 800. When an otherwise available public Even if the public school facilities were are high in quality and do not have an facility has erected a content-based prohibi- deemed to be non-public fora, a policy tar- tion against religious speech in an open adverse impact on students, teachers, geting the Boy Scouts for exclusion would schools, school districts, and States. I forum, for example, it must justify that bur- fail the governing constitutional test. The den by showing that it has a compelling gov- Supreme Court has explained that ‘‘[c]ontrol am pleased to be listed as a cosponsor ernmental interest implemented by the least over access to a nonpublic forum can be of a number of his amendments to this restrictive means. Widmar v. Vincent, 454 based on subject matter and speaker identity bill to improve its testing provisions. U.S. at 270; accord Adams Outdoor Adver- so long as the distinctions drawn are reason- I actually heard a lot about this pro- tising v. City of Newport News, 373 S.E.2d able in light of the purpose served by the posal for testing from the people of 917, 923 (Va. 1988). Like the City of Hialeah in forum and are viewpoint-neutral.’’ Cornelius, Wisconsin, and their response has been Church of Lukumi v. City of Hialeah, 113 S. 473 U.S. at 806 (emphasis added). The Boy almost universally negative. My con- Ct. 2217 (1993), those that would target the Scouts exclusion fails even this deferential Boy Scouts for special disabilities misunder- stituents oppose this proposal for many standard. reasons, including the cost of devel- stand that ‘‘the interest given in justifica- There is simply no reasonable basis for the tion of [such a] restriction is not compel- per se exclusion of speech by private actors oping and implementing additional ling.’’ Lukumi, 113 S.Ct. at 2234. If Establish- based upon speech content. Ultimately, some tests, the loss of teaching time every ment Clause concerns were not a compelling public school districts claim the sheer power year to prepare for and take the tests, reason for the targeted restrictions in to exclude the private speech of the Boy the linking of success on these tests to Lukumi, then generalized concerns about the Scouts for no better reason than just because ESEA administrative funds, and the Boy Scouts taking a politically incorrect the school district says so. Such an assertion pressure that these additional tests stand on the issue of homosexuality is also of a stark power to discriminate against a will place on students, teachers, not compelling. particular group because of its message is in- EVEN IN A NONPUBLIC FORUM SUCH CONTENT- schools, and school districts. compatible with the Constitution under any I share my constituents’ concerns BASED EXCLUSIONS ARE UNCONSTITUTIONAL standard. about this proposed Federal mandate. I The Supreme Court has made it clear that * * * * * even in the context of a non-public forum, find it interesting that proponents of this type of viewpoint-based exclusion is un- CONCLUSION the BEST Act say that this bill will re- constitutional and discriminatory. As the The Boy Scouts of America Equal Access turn more control to the states and Supreme Court explained in Cornelius v. Act is fully constitutional, and properly ex- local school districts. I strongly sup- NAACP Legal Defense and Educ. Fund. Inc., ercises Congress power of the purse to insure port local control over our children’s 473 U.S. 788, 806 (1985), in a non-public forum the constitutionally recognized rights and day-to-day classroom experiences. In privileges of all youth groups, like the Boy ‘‘the government violates the First Amend- my view, however, this massive new ment when it denies access to a speaker sole- Scouts, are protected and honored. While it ly to suppress the point of view the espouses may be that exclusion of the Boy Scouts has federal testing mandate runs counter on an otherwise includible topic.’’ become a cause celebre for some since the to the idea of local control. In Lamb’s Chapel v. Center Moriches Union U.S. Supreme Court’s decision in Boy Scouts Many States and local school dis- Free School Dist., 113 S.Ct. 2141 (1993), the of America v. Dale, 120 S.Ct. 2446 (200), cen- tricts around the country already have May 14, 2001 CONGRESSIONAL RECORD — SENATE S4869 testing programs in place. We should pen?. . .Taking more tests is not going to ents are concerned about the value of leave the means and frequency of as- improve learning. these tests to students, parents, and sessment up to the States and local I have heard from many education teachers. According to one teacher, the school districts who bear the responsi- professionals such as these in my state existing tests don’t have any meaning bility for educating our children. Every that this new testing requirement is a to students and have little meaning to State and every school district is dif- waste of money and a waste of time. classroom teachers. ferent. A uniform testing policy may, These people are committed to edu- The impact of these tests on students therefore, not be the best approach. cating the children of my state, and varies. Some students have high test I am extremely concerned that this they don’t oppose testing. I think we anxiety and, as a result, grow to fear new Federal requirement will teach our can all agree that testing has its place. tests. Others simply do not care about children that education is not about What they oppose is the magnitude of the tests, and fill in random answers on preparing for their futures, but rather testing that is proposed in this bill. their test sheets. And for students who about preparing for tests. That edu- One of the biggest concerns I have are struggling, a low test score on a cation is really about sharp number heard about this program is its cost. In standardized test can be demoralizing. two pencils and test sheets; about mak- my home state of Wisconsin, where the Most students, of course, try their ing sure that little round bubbles are state imposes limits on the amount of best. But they are confused about why filled in completely; and—if their money school districts can raise and they are taking these tests, and many school districts and states have enough spend annually, education budgets are students and parents are confused by money—maybe about exam booklets already stretched to the breaking the results of these tests. for short answer and essay questions. point, and federal funding is absolutely Many teachers are unsure about how American students are already tested critical. And to add a federally-man- to interpret the test results. They see at many levels—in their classrooms, in dated testing program with little in statistics that tell them about the their schools, in their districts, and in the way of resources to implement it numbers of right and wrong answers their States. will only compound this problem. I am and about percentiles, but the test re- My home state of Wisconsin cur- pleased that the Senate passed an sults provide little in the way of infor- rently tests students in reading in amendment offered by the Chairman of mation for teachers and parents to grade 3 through the Wisconsin Reading the HELP Committee, Mr. JEFFORDS, know where students are having prob- Comprehension Test, and in reading, to increase funding for this testing pro- lems. Because so many standardized language, math, science, and social gram but I remain concerned this bill tests are copyrighted and are used studies in grades 4, 8, and 10 with the still falls far short of authorizing more than once, students, parents, and Wisconsin Knowledge and Concepts Ex- enough funding for this program. teachers do not have the opportunity aminations. Wisconsin also will require Under the provisions of the BEST to compare the students’ answers to a high school graduation test begin- Act, Wisconsin would have to develop the correct answers. They are unable ning in the 2003–2004 school year. And new reading tests for grades 5, 6, and 7 to determine which concepts the stu- this is in addition to regular classroom and new math tests for grades 3, 5, 6, dents need help with, or for which con- tests and quizzes and tests given at the and 7. According to the Wisconsin De- cepts the students have demonstrated district level by many of the 426 school partment of Public Instruction, the es- understanding. districts in my State. Then, for those timated cost to add these additional Our children are real people, not students hoping to go to college, there tests would be between $2 million and numbers. Yet the testing program con- is the pre-SAT, the SAT, the ACT and $5.3 million annually, depending on the tained in this bill would judge our stu- on and on. type of tests chosen by the state. And dents, teachers, schools, school dis- I know; I have four kids who are just this is over and above the $1.5 million tricts, and states by test scores. completing all that process, or have in the state already spends on testing in In my view, linking funding sanc- the last couple of years. It is an awful grades 3, 4, and 8. And this figure does tions to test performance sends the lot of testing already. not include the cost of the state-man- wrong signal. As I noted earlier, stu- One of my constituents who is a high dated Wisconsin Knowledge and Con- dents respond differently to tests. To school counselor said the high school cepts Examination for grade 10, which link education funding to a series of students in her district spend so much also fulfills the federal requirement to high-stakes tests not only does a dis- time taking standardized tests that the tests students in math and reading at service to our children, but to our district could award them one-half of a least once between grade 10 and grade teachers, parents, schools, school dis- credit for testing. How much testing is 12. And it does not include the cost of tricts, and states. worth one-half of a credit? During their the Wisconsin High School Graduation I also fear that this new annual test- 4 years in high school, the students in Test. And it does not include the addi- ing requirement will disproportion- this district will spend 84 hours taking tional cost that the state will have to ately impact disadvantaged students. standardized tests—84 hours. This does incur to develop and implement the ad- As the Senator from Minnesota, Mr. not even include regular classroom ditional science tests in grades 3, 5, 6, WELLSTONE, has said so many times on tests, final exams, or instruction time and 7 that this bill requires to begin in this floor, we must ensure that all stu- spent on test preparation. the 2007–2008 school year. dents have an equality of opportunity According to one teacher who re- Teachers in my state are concerned to be successful in school. To that end, cently contacted me regarding this leg- about the amount of time that they I am pleased that the Senate adopted islation: will have to spend preparing their stu- an amendment to this bill offered by Already I see that teachers are spending dents to take the tests and admin- the Senator from Connecticut, Mr. too much time on test preparation rather istering the tests. They are concerned DODD, and the Senator from Maine, Ms. than good instruction. The test administra- that these additional tests will disrupt COLLINS, that would authorize full tion itself takes valuable time away from in- the flow of education in their class- funding of Title I over the next ten struction and does not provide new data on individual children for the well informed rooms. One teacher said the prepara- years. teacher.... [M]ultiple choice tests with tion for the tests Wisconsin already re- I am also pleased to be an original some short answer [questions] only measure quires can take up to a month, and the cosponsor of the amendment that will rudimentary knowledge. They rely on memo- administration of the test takes an- be offered by the Senator from Min- rizing and regurgitating isolated facts and other week. That is five weeks out of nesota which would modify the annual most items only allow one correct answer. the school year. And this bill would re- testing provisions of the bill to clarify Students are being evaluated on one single quire teachers to take a huge chunk that states will not be required to im- test. What if the student has a bad day? out of each year in grades 3–8. In my plement the annual tests unless Title I Lastly, the truly scary part is that standard- ized tests ensure that half of our students view, and in the view of the people of is funded at $24.7 billion by July 1, 2005, will always be ‘below average.’ How can we my state, this time can be better spent which is consistent with the funding meet the benchmark that everyone will on regular classroom instruction. levels in the Dodd-Collins amendment. score proficient and advanced when the tests In addition to the financial cost and Study after study shows that dis- are designed to never let that hap- the instruction time lost, my constitu- advantaged students lag behind their S4870 CONGRESSIONAL RECORD — SENATE May 14, 2001 peers on standardized tests. We must I call up amendment No. 600. This is ‘‘(3) assist in the acquisition of technology ensure that schools have the resources an amendment I call the ‘‘Crisis Hot necessary to enhance the effectiveness of to help these students catch up with Line Grant.’’ It is an amendment for hotlines described in paragraph (1), including their peers before students are required confidential reporting of individuals the utilization of Internet web-pages or re- sources; to take these new annual tests. If we suspected of imminent school violence. ‘‘(4) enhance State efforts to offer appro- fail to provide adequate resources to The PRESIDING OFFICER. Without priate counseling services to individuals who these schools and these students, we objection, the pending amendment will call hotlines described in paragraph (1) run the risk of setting disadvantaged be set aside. threatening to do harm to themselves or oth- children up for failure on these tests— Mr. REID. There is no unanimous ers; and failure which could damage the self-es- consent request made to set it aside. ‘‘(5) further State effort to publicize serv- teem of our most vulnerable students. The PRESIDING OFFICER. The Sen- ices offered by the hotlines described in The issue of standards and testing is ator from Alabama has requested to paragraph (1) and to encourage individuals to utilize those services.’’. addressed in the cover story in the May bring up an amendment that requires 2001 issue of Phi Delta Kappan maga- unanimous consent. Mr. SESSIONS. Mr. President, I sim- zine, which is published by the Inter- Mr. REID. Objection. ply ask that this amendment be consid- national Association of Professional The PRESIDING OFFICER. Objec- ered. Its purpose is to deal with the sit- Educators of the same name. In his ar- tion is heard. uation that we have seen in recent ticle, ‘‘Undermining Standards,’’ John The Senator from Alabama. years in which teenagers at school Merrow discusses the dangers of high- Mr. REID. Mr. President, I suggest have caused serious violence or com- stakes testing, arguing that ‘‘in many the absence of a quorum. mitted criminal acts and in which places testing has gotten ahead of de- The PRESIDING OFFICER. The Sen- other people knew about it and did lit- veloping and then implementing stand- ator from Alabama has the floor. The tle to respond. I believe we can improve ards.’’ He also expresses a concern clerk will call the roll. upon that. about the impact of testing on the The bill clerk proceeded to call the In my State of Alabama, a crisis hot- classroom environment and on class- roll. line was set up several years ago. In room teachers: that ‘‘test preparation Mr. REID. Mr. President, I ask unan- just a few weeks, they had 800 calls. is dominating classroom time, stifling imous consent the order for the For example, parents were calling in to creativity and imagination, and taking quorum call be rescinded. say they heard that a certain child had the joy out of teaching.’’ The PRESIDING OFFICER. Without a gun or a weapon or that they were Merrow also addresses the annual objection, it is so ordered. threatening the lives of other people. testing program proposed by the Presi- Mr. SESSIONS addressed the Chair. Having such a hotline would allow the dent and included in this bill. He says, The PRESIDING OFFICER. The Sen- police and school administrators to ‘‘As I read President Bush’s proposals, ator from Alabama. know about those situations and to it seems to me that . . . about six perhaps intervene and keep this from AMENDMENT NO. 600 TO AMENDMENT NO. 358 things can happen, and five of them are happening. bad. Such high-stakes testing may (1) Mr. SESSIONS. Mr. President, I ask I think Senator CLELAND has some lead to an even more arid curriculum, unanimous consent for a minute and a similar language in his legislation. Our (2) drive away talented teachers, (3) half to offer my amendment in relation language goes into more detail and was tempt states to lower the bar in order to crisis hotline grants. made part of the juvenile justice bill not to lose federal money, (4) increase Mr. REID. I have no objection to the that we passed in this Senate but pressure to cheat, and (5) alienate edu- pending amendment being set aside. which never became law. cated parents. That’s not ‘reform with The PRESIDING OFFICER. Without I think it is appropriate that this results,’ at least not the results those objection, it is so ordered. amendment be made a part of this leg- who support public education would The clerk will report. islation involving education. It does wish for.’’ The legislative clerk read as follows: not appropriate money. It provides an Merrow continues, ‘‘Of course, the The Senator from Alabama [Mr. SESSIONS] authorized use. The moneys can be President’s plan might actually work proposes an amendment numbered 600 to used for this, but it does not mandate the way he hopes it will. That is if he amendment No. 358. it on the States. I do believe it is a pol- backs away from making test scores Mr. SESSIONS. I ask unanimous con- icy that if more States followed, it the be-all and end-all of schooling, his sent reading of the amendment be dis- could save lives by simply providing a plan might just scare school systems pensed with. 1–800 number that would be readily into putting more energy into learn- The PRESIDING OFFICER. Without available to everyone in and about the ing.’’ objection, it is so ordered. school, including parents, to have a As my constituents have told me, The amendment is as follows: place to call to express concerns that this proposal does scare them—but not (Purpose: To provide for confidential report- something serious may be going on. in the way the President has intended. ing of individuals suspected of imminent Maybe they just want to say: Billy I urge all of my colleagues to take a school violence) has a gun. Maybe the police could stop few minutes to read this article. On page 577, line 2, strike the end by and knock on Billy’s door and see if I am concerned that the emphasis quotation mark and the second period. he has a gun and perhaps stop a crime. that is placed on testing as a means of On page 577, between lines 2 and 3, insert I thank the Presiding Officer and the accountability in this bill could result the following: Senator from Nevada. in a generation of students who know ‘‘SEC. 4304. CONFIDENTIAL REPORTING OF INDI- I yield the floor. how to take tests, but who don’t have VIDUALS SUSPECTED OF IMMINENT The PRESIDING OFFICER. The Sen- SCHOOL VIOLENCE. the skills necessary to become success- ‘‘Subject to the provisions of this title and ator from North Dakota. ful adults. subpart 4 of part B of title V, funds made AMENDMENT NO. 640 TO AMENDMENT NO. 358 I yield the floor. available under such titles may be used to— Mr. DORGAN. Mr. President, I ask The PRESIDING OFFICER. Under ‘‘(1) support the independent State devel- unanimous consent that the pending the previous order, the Senator from opment and operation of confidential, toll- amendment be set aside so I can call up North Dakota is recognized. free telephone hotlines that will operate 7 amendment No. 640. Mr. DORGAN. Mr. President, Senator days per week, 24 hours per day, in order to The PRESIDING OFFICER. Is there SESSIONS has asked to be recognized for provide students, school officials, and other objection? 2 minutes, I believe to call up an individuals with the opportunity to report Without objection, it is so ordered. amendment. It would be fine with me if specific threats of imminent school violence Mr. DORGAN. I call up the amend- or to report other suspicious or criminal con- I could be recognized by consent fol- duct by juveniles to appropriate State and ment. lowing Senator SESSIONS’ statement. local law enforcement entities for investiga- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without tion; clerk will report. objection, it is so ordered. ‘‘(2) ensure proper State training of per- The bill clerk read as follows: Mr. SESSIONS. I thank Senator DOR- sonnel to answer and respond to telephone The Senator from North Dakota [Mr. DOR- GAN. I appreciate his courtesy. calls to hotlines described in paragraph (1); GAN], for himself and Mr. REID, proposes an May 14, 2001 CONGRESSIONAL RECORD — SENATE S4871 amendment numbered 640 to amendment No. Some say, the reason for these price the mom-and-pop stations—could not 358. spikes is because that is just the mar- get reformulated gasoline. It created a Mr. DORGAN. I ask unanimous con- ket system working. It is not the mar- spot market which drove up prices. One sent reading of the amendment be dis- ket system working. The fact is, the company even admitted to withholding pensed with. market system is broken. In many of supplies of reformulated gasoline at The PRESIDING OFFICER. Without these areas, we have had merger after the most critical time to maximize objection, it is so ordered. merger of big oil companies, with oil profits. The amendment is as follows: companies getting much larger and, All of this is going on, and the Amer- At the appropriate place, insert the fol- therefore, exhibiting much greater con- ican people suffer because of it. I had lowing: trol over markets. We see spot markets once followed a car at an intersection The Senate Finds: developing with a new class of energy in rural North Dakota one time. It was The price of energy has skyrocketed in re- traders. It is a very large enterprise a 20-year-old car with a broken back cent months; bumper that had a bumper sticker that The California consumers have seen a 10- where they are able to trade back and fold increase in electricity prices in less than forth, often at prices that are not dis- said: We fought the gas war, and gas 2 years; closed or not transparent. won. That bumper sticker would fit a Natural gas prices have doubled in some Let me, for a minute, discuss what is lot of cars these days. areas, as compared with a year ago; happening on the West Coast as part of Senior citizens, with declining in- Gasoline prices are close to $2.00 per gallon this price problem. Two years ago, the come years, have to pay substantially now and are expected to increase to as much cost of power in California was $7 bil- higher energy bills. Farmers, trying to as $3.00 per gallon this summer; lion. This year it is estimated it will be buy anhydrous ammonia these days—80 Energy companies have seen their profits $70 billion—a tenfold increase. How percent of the cost of which is natural doubled, tripled, and in some cases even gas—are discovering a horrible price quintupled; and does all that happen? Well, the price of High energy prices are having a detri- natural gas moving into plants that for anhydrous ammonia. In addition to mental effect on families across the country produce electricity goes from an un- that, the price of the fuel they must and threaten economic growth: regulated market into a regulated mar- put in their tractors in order to do SEC. . SENSE OF THE SENATE CONCERNING THE ket; it goes from one seller to a trader; spring’s work has been driven up dra- NEED TO ESTABLISH A JOINT COM- then traded on the spot market; and an matically. Truckers moving across this MITTEE OF THE SENATE AND HOUSE MCF that cost a certain amount in the country back and forth have discovered OF REPRESENTATIVES TO INVES- they hardly make it these days with TIGATE THE RAPIDLY INCREASING morning could be double or triple or ENERGY PRICES ACROSS THE COUN- quadruple that value in the afternoon the price of gasoline and diesel fuel. TRY AND TO DETERMINE WHAT IS because it is in someone else’s hands, And manufacturers are struggling with CAUSING THE INCREASES. the cost of these increased energy It is the sense of the Senate that there and now it is being traded again for a second time on the spot market. spikes in price. should be established a joint committee of So if the market isn’t working, what the Senate and House of Representatives So those folks in California who are should happen? I think we should have to— paying dramatically higher prices for a select House-Senate committee to in- (1) study the dramatic increases in energy electricity are being hurt very badly. prices (including increases in the prices of vestigate energy prices. Some say that is just the market work- Let me hasten to say quickly that gasoline, natural gas, electricity, and home ing. It is not. As I said before, the mar- heating oil); there are some legitimate reasons we (2) investigate the cause of the increases; ket is broken. We are supposed to have, have had some price changes. We have (3) make findings of fact; and in a circumstance where you have mar- had a tightening of supply in a number (4) make such recommendations, including kets with great concentration of of areas. I will explain why. recommendations for legislation and any ad- power, a referee of sorts. In this area of When the price of oil went to $10 a ministrative or other actions, as the joint California, power would have been barrel, people stopped looking for oil committee determines to be appropriate. FERC, the Federal Energy Regulatory and natural gas because it was not very Mr. DORGAN. Mr. President, this Commission. But FERC, for 2 or 3 productive or was not very rewarding amendment is a sense-of-the-Senate years, has done its best imitation of a to do so. The price of oil spiked then to amendment calling for the creation of potted plant. It essentially has been $35 a barrel—from $10 a barrel—and the House-Senate select committee to unwilling to take any action in any set more people were looking for it. So investigate energy prices. of circumstances. there will be more supply coming on I would like to speak just for a few So we have the opportunity and the line. There is that element of price minutes about the issue. Energy prices, possibility—in fact, in my judgment, spikes. And there is that element of as all Americans understand, have been the very real circumstance—of market supply and prices. And that is very skyrocketing through price spikes and manipulation and price manipulation real. I do not discount that. other devices in recent months. The in California and on the West Coast. But you cannot attribute what is price of gasoline in many parts of the Gasoline prices, as I indicated, are happening with energy prices just to country is now over $2 a gallon. Some up, way up. Contrary to the views of that circumstance. We now have larger say it is going to go much higher. the administration, and some others, enterprises. We have bigger economic The price of natural gas has doubled these price spikes are not due to envi- concentrations in this country that in much of the country over what it ronmental regulations for reformu- have the ability to control prices and was a year ago. Those who, in the first lated gasoline and more. In fact, refor- manipulate supply. And this Congress, 2 months of this past winter, suffered mulated gasoline contributed only 1 to in my judgment, ought to convene an the coldest 2 months on record discov- 3 cents of the cost of making gasoline investigative body to evaluate when ered that the cost of heating with nat- that we witnessed last summer. Even and where that is happening. ural gas put quite a hole in their budg- in California, environmental regula- Congress has been very anxious to in- et because natural gas prices were dou- tions are contributing about 5 to 8 vestigate almost anything in the last bled at a time when we had a very sig- cents of gasoline production costs. 10 years or so. It seems to me it ought nificant cold spell. Natural gas prices A March 2001 Federal Trade Commis- to be anxious to investigate, on behalf are still much higher than they have sion investigation shows that indi- of the American consumer, what has been previously. vidual refiners made deliberate deci- happened, and why, with respect to the Electricity prices are up. In some sions not to modify or expand refining cost of energy in this country. parts of the country they are way up. capacity so they could tighten market A century ago Teddy Roosevelt car- As all of us know, energy is not some supply and therefore drive up gasoline ried a big stick and said that Mr. option that people have the ability to prices. Rockefeller could not control the price decide to take or not take. Every For example, the Federal Trade Com- of gasoline and took effective steps to morning virtually ever American has a mission found that three refiners only make that happen. It is time for us to requirement to use energy. So this is modified facilities to produce reformu- do a thorough investigation with a se- not some optional commodity that peo- lated gasoline for their own branded lect House-Senate committee to inves- ple can use or not use as they see fit. stations so the independent stations— tigate energy pricing. S4872 CONGRESSIONAL RECORD — SENATE May 14, 2001 I know at 4 o’clock the Presiding Of- jointly establish a National Center for ‘‘(b) AUTHORIZED ACTIVITIES.—Funds pro- ficer is to recognize the Senator from School and Youth Safety (in this section re- vided under this section may be used for ac- Georgia. Is this an appropriate time to ferred to as the ‘Center’). The Secretary of tivities that may include efforts to— seek the yeas and nays on my amend- Education and the Attorney General may es- ‘‘(1) increase early intervention strategies; ‘‘(2) expand parental involvement; ment? tablish the Center at an existing facility, if the facility has a history of performing two ‘‘(3) increase students’ awareness of warn- The PRESIDING OFFICER (Mr. BEN- or more of the duties described in subsection ing signs of violent behavior; NETT). The Senator may do that if he (b). The Secretary of Education and the At- ‘‘(4) promote students’ responsibility to re- wishes. torney General shall jointly appoint a Direc- port the warning signs to appropriate per- Mr. DORGAN. I ask for the yeas and tor of the Center to oversee the operation of sons; nays on the amendment. the Center. ‘‘(5) promote conflict resolution and peer The PRESIDING OFFICER. Is there a ‘‘(b) DUTIES.—The Center shall carry out mediation programs; sufficient second? emergency response, anonymous student ‘‘(6) increase the number of after-school There appears to be. hotline, consultation, and information and programs; The yeas and nays were ordered. outreach activities with respect to elemen- ‘‘(7) expand the use of safety-related equip- Mr. DORGAN. I yield the floor. tary and secondary school safety, including ment and technology; and The PRESIDING OFFICER. Under the following: ‘‘(8) expand students’ access to mental the previous order, the Senator from ‘‘(1) EMERGENCY RESPONSE.—The staff of health services. ‘‘(c) FUNDING.—There is authorized to be Georgia is recognized. the Center, and such temporary contract em- ployees as the Director of the Center shall appropriated to carry out this section, AMENDMENT NO. 376, AS MODIFIED determine necessary, shall offer emergency $24,000,000 for fiscal year 2002 and such sums Mr. CLELAND. Mr. President, I call assistance to local communities to respond as may be necessary for each of fiscal years up amendment No. 376 and ask unani- to school safety crises. Such assistance shall 2003 through 2005.’’. mous consent to modify the amend- include counseling for victims and the com- SEC. 405. AMENDMENTS TO THE NATIONAL ment. munity, assistance to law enforcement to ad- CHILD PROTECTION ACT OF 1993. The PRESIDING OFFICER. Is there dress short-term security concerns, and ad- Section 5(10) of the National Child Protec- tion Act of 1993 (42 U.S.C. 5119c(10)) is amend- objection? Without objection, it is so vice on how to enhance school safety, pre- ed to read as follows: vent future incidents, and respond to future ordered. ‘‘(10) the term ‘qualified entity’ means— incidents. The amendment, as modified, is as ‘‘(A) a business or organization, whether ‘‘(2) ANONYMOUS STUDENT HOTLINE.—The follows: public, private, for-profit, not-for-profit, or Center shall establish a toll-free telephone On page 577, between lines 15 and 16, insert voluntary, that provides care or care place- number for students to report criminal ac- the following: ment services, including a business or orga- tivity, threats of criminal activity, and SEC. 404. SCHOOL SAFETY ENHANCEMENT. nization that licenses or certifies others to other high-risk behaviors such as substance Title IV (20 U.S.C. 7101 et seq.) is further provide care or care placement services; or abuse, gang or cult affiliation, depression, or amended by adding at the end the following: ‘‘(B) an elementary or secondary school.’’. other warning signs of potentially violent ‘‘PART D—SCHOOL SAFETY behavior. The Center shall relay the reports, Mr. CLELAND. Mr. President, I yield ENHANCEMENT without attribution, to local law enforce- myself such time as I may consume. ‘‘SEC. 4351. SHORT TITLE. ment or appropriate school hotlines. The Di- The modified amendment I offer ‘‘This part may be cited as the ‘School rector of the Center shall work with the At- today reduces funding for the National Safety Enhancement Act of 2001’. torney General to establish guidelines for Center for School and Youth Safety ‘‘SEC. 4352. FINDINGS. Center staff to work with law enforcement from $50 million to $25 million, and it ‘‘Congress makes the following findings: around the Nation to relay information re- creates separate authorizations for the ‘‘(1) While our Nation’s schools are still ported through the hotline. relatively safe, it is imperative that schools National Center and the Safe Commu- ‘‘(3) CONSULTATION.—The Center shall es- nities, Safe Schools grant program. be provided with adequate resources to pre- tablish a toll-free number for the public to vent incidents of violence. contact staff of the Center for consultation It has been almost 2 years ago to the ‘‘(2) Approximately 10 percent of all public regarding school safety. The Director of the day that a 16-year-old boy brought a schools reported at least 1 serious violent Center shall hire administrative staff and in- .22-caliber rifle and .375 magnum re- crime to a law enforcement agency over the dividuals with expertise in enhancing school volver to Heritage High School in Con- course of the 1996–1997 school year. safety, including individuals with back- yers, GA and opened fire on six stu- ‘‘(3) In 1996, approximately 225,000 students grounds in counseling and psychology, edu- dents. The shooting occurred in my between the ages of 12 and 18 were victims of cation, law enforcement and criminal jus- nonfatal violent crime in schools in the hometown of Lithonia, GA, where I tice, and community development to assist grew up. The day was May 20, 1999, ex- United States. in the consultation. ‘‘(4) From 1992 through 1994, 76 students actly one month after the deadly Col- ‘‘(4) INFORMATION AND OUTREACH.—The Cen- umbine High School massacre, which and 29 non-students were victims of murders ter shall compile information about the best or suicides that were committed in schools practices in school violence prevention, took the lives of 15 people. in the United States. intervention, and crisis management, and Growing up in my hometown, I was ‘‘(5) The school violence incidents in sev- shall serve as a clearinghouse for model fortunate to have had a great child- eral States across the Nation in 1998 and 1999 school safety program information. The staff hood—with two wonderful parents, sup- caused enormous damage to schools, fami- of the Center shall work to ensure local gov- portive teachers in school and in lies, and whole communities. ernments, school officials, parents, students, church, and a community that cared. ‘‘(6) Because of escalating school violence, and law enforcement officials and agencies the children of the United States are increas- When I was in school, the strongest are aware of the resources, grants, and ex- ingly afraid that they will be attacked or drug around was aspirin, and the most pertise available to enhance school safety harmed at school. lethal weapon was a slingshot. The ‘‘(7) A report issued by the Department of and prevent school crime. The staff of the shootings at Heritage High, at Col- Education in August, 1998, entitled ‘Early Center shall give special attention to pro- umbine, the school shootings in Warning, Early Response’ concluded that the viding outreach to rural and impoverished communities. Springfield, OR, in Jonesboro, AR, in reduction and prevention of school violence West Paducah, KY and other school is best achieved through safety plans which ‘‘(c) FUNDING.—There is authorized to be appropriated to carry out this section, tragedies around the country under- involve the entire community, policies score in red the crisis of juvenile vio- which emphasize both prevention and inter- $25,000,000 for fiscal year 2002 and such sums vention, training school personnel, parents, as may be necessary for each of fiscal years lence in America. Our schools were students, and community members to recog- 2003 through 2005.’’. once safe havens in this country. nize the early warning signs of potential vio- ‘‘SEC. 4354. SAFE COMMUNITIES, SAFE SCHOOLS. Today, according to data from the De- lent behavior and to share their concerns or ‘‘(a) GRANTS AUTHORIZED.—Using funds partment of Education, they are the observations with trained personnel, estab- made available under subsection (c), the Sec- setting for one-third of the violence in- lishing procedures which allow rapid re- retary of Education, the Secretary of Health volving teenagers in this Nation. In sponse and intervention when early warning and Human Services, and the Attorney Gen- fact, data from the Departments of signs of violent behavior are identified, and eral shall award grants, on a competitive Justice and Education found that in providing adequate support and access to basis, to help communities develop commu- 1998, ‘‘students aged 12 through 18 were nity-wide safety programs involving stu- services for troubled students. victims of more than 2.7 million total ‘‘SEC. 4353. NATIONAL CENTER FOR SCHOOL AND dents, parents, educators, guidance coun- YOUTH SAFETY. selors, psychologists, law enforcement offi- crimes at school . . . and they were ‘‘(a) ESTABLISHMENT.—The Secretary of cials or agencies, civic leaders, and other or- victims of about 253,000 serious violent Education and the Attorney General shall ganizations serving the community. crimes. . . .’’ May 14, 2001 CONGRESSIONAL RECORD — SENATE S4873 These statistics are incredible and ers. Grant funds may be used for activi- I know he has spent a good deal of they cannot—they must not—be ac- ties that may include efforts to in- time talking to those who had initially cepted or tolerated. crease early intervention strategies; been involved in recommending the The amendment I am offering today expand parental involvement; increase study and has prepared this in a way is based on legislation developed in the students’ awareness of warning signs of which I think is enormously important last Congress by Senator Robb of Vir- violent behavior; promote conflict res- and can be incredibly helpful. As I was ginia, and it is a response to a seminal olution; increase the number of after- listening to the good Senator and 1998 report by the Department of Edu- school programs; and expand the use of thinking about the times he has talked cation, entitled ‘‘Early Warning, Time- safety-related equipment and tech- to me about it, I hope we are going to ly Response,’’ which concluded that the nology. have the sufficient resources to be able reduction and prevention of school vio- The School Safety Enhancement to deal with this issue. I am convinced lence are best achieved through safety amendment is endorsed by the Na- that if we can get this started and get plans which involve the entire commu- tional Education Association, the Chil- to do even part of the things that the nity. Accordingly to that landmark re- dren’s Defense Fund, the International good Senator from Georgia has hoped port, the most effective plans are those Brotherhood of Police Officers and the that it would achieve and accomplish, which: emphasize both prevention and Georgia Association of Chiefs of Police. we can develop the kind of enhanced intervention; train school personnel, On behalf of America’s schoolchildren support for this program that is nec- parents, students, and community and safety in our schools, I urge my essary. members to recognize the early warn- colleagues to vote for this amendment. What the Senator is basically point- ing signs of potential violent behavior Mr. President, I reserve the remain- ing out is the great challenges of so and to share their concerns or observa- der of my time and suggest the absence many of the young people who are in tions with trained personnel; establish of a quorum. school, going to school, after school, in procedures which allow rapid response The PRESIDING OFFICER. The a school community, and the kind of and intervention when such signs are clerk will call the roll. violence that is affecting these young identified; and provide adequate sup- The assistant legislative clerk pro- people. It is a form of intimidation, a port and access to services for troubled ceeded to call the roll. form of bullying, and it obviously has students. Mr. CLELAND. Mr. President, I ask very important adverse impact on the My amendment, The School Safety unanimous consent that the order for willingness of children to either go to Enhancement amendment, would es- the quorum call be rescinded. school or their attitude toward school tablish a National Center for School The PRESIDING OFFICER. Without when violence takes place in the time and Youth Safety tasked with the mis- objection, it is so ordered. period after school but in the prox- sion of providing schools with adequate Mr. CLELAND. Mr. President, I ask imity of the school. He has framed it in resources to prevent incidents of vio- unanimous consent that time under a broad way to challenge the center lence. Under my amendment, the cen- the quorum call be charged equally to itself to draw on all of the community ter would offer emergency assistance both sides. and community resources, which I to local communities to respond to The PRESIDING OFFICER. Without think is obviously enormously useful. school safety crises, including coun- objection, it is so ordered. He is talking about the entire commu- seling for victims, assistance to law en- Mr. CLELAND. I yield the floor. nity, and he is talking about steps that forcement to address short-term secu- The PRESIDING OFFICER. Who can be taken in terms of prevention rity concerns, and advice on how to en- yields time? and intervention. He is talking to the hance school safety, prevent future in- The Senator from Massachusetts. various school personnel so they will cidents, and respond to incidents once Mr. KENNEDY. Mr. President, I yield have the training which too many of they occur. My amendment would also myself such time as I may use. Is the them don’t have now to be able to an- establish—and this is important—a time evenly divided? ticipate these problems. He is talking toll-free, nationwide hotline for stu- The PRESIDING OFFICER. The time about involvement of the students dents to report criminal activity, is equally divided between the Senator themselves and community members threats of criminal activity, and other from Georgia and an opponent of the in these activities. high-risk behaviors such as substance amendment. I can think of a number of different abuse, gang or cult affiliation, depres- Mr. KENNEDY. Mr. President, if the schools in my own city of Boston where sion, or other warning signs of poten- Senator from Georgia would be good the students themselves have become tially violent behavior. Finally, the enough to yield on his time, I don’t very much involved in assuring safe National Center for School and Youth know of opposition. We haven’t been passage, so to speak, for children to be Safety would compile information notified of the opposition. I want to able to go to the school, while they are about the best practices in school vio- take a moment to share with our col- at school, and after school. It is a very lence prevention, intervention, and cri- leagues a bit of the background on this important success. This is one of those sis management. Specifically, the cen- amendment. This has been something situations where some guidance, some ter would work to ensure that local that the Senator from Georgia has training, some information in the com- governments, school officials, parents, been interested in and committed to munity can have an enormous payoff. I students and law enforcement officials for some period of time. think the result will be a safer climate and agencies are aware of the re- During the past weeks and months, and an atmosphere in which the chil- sources, grants, and expertise available he has taken the time to speak to me dren can learn. to enhance school safety and prevent on a number of different occasions. He I think this is a very well thought school crime, giving special attention has talked to the members of the Edu- through program. He has done a great to providing outreach to rural and im- cation Committee about this issue. I deal of work in the fashioning and poverished communities. am familiar with the fact, going back shaping of it. The security of the chil- In addition, my amendment would over a period of time when the Senate dren in school we try to address to boost coordination among the three considered the reauthorization of this some extent in the safe and drug-free Federal agencies most involved with legislation previously, over a year ago, schools. I can see this as a complement the crucial issue of school safety by au- that the Senator from Georgia was to those efforts as well. I think as a re- thorizing a total of $24 million in very much involved in the developing sult of this amendment the children in grants by the secretaries of Education of the legislation. He has read closely, that community, as well as teachers and Health and Human Services and obviously, the Department of Justice and parents, and the whole climate and the Attorney General to help commu- and Education study, which came out atmosphere around schools, which in nities develop community-wide safety in 1998. In that study, this was one of too many instances, tragically, are programs involving all its members: the very important recommendations threatened, would be made safer and students, parents, educators, coun- that they had. But he has taken a more secure. selors, psychologists, law enforcement broad recommendation and sharpened I commend the Senator for his initia- officials and agencies, and civic lead- it a good deal. tive and thank him for his work in this S4874 CONGRESSIONAL RECORD — SENATE May 14, 2001 area, and I indicate that I hope, when many instances, there are excellent tu- lence that is destructive and harmful the Senate does address this issue, we torial services, excellent supple- to the children themselves who are at- have very strong and overwhelming mentary services. In some areas, there tending these schools. support. are just athletic programs. As I understand, one of the principal Mr. President, I suggest the absence There are different programs in each reasons the Senator is offering the of a quorum. afterschool program. For example, in amendment is so that we will have a The PRESIDING OFFICER. The one I visited recently, they have an ex- central clearinghouse available to pub- clerk will call the roll. cellent program in photography and lic schools all across the country where The assistant legislative clerk pro- also a second program in graphic arts. the school administrators, teachers, ceeded to call the roll. A number of the children were coming and others with responsibility for secu- Mr. JEFFORDS. Mr. President, I ask to this afterschool program. rity within the schools can tap into unanimous consent that the order for The fascination of the children in and draw from the experience of other the quorum call be rescinded. graphic arts and also in photography schools that have had successful pro- The PRESIDING OFFICER. Without was overwhelming. Because children grams. objection, it is so ordered. were interested in those activities, Is this one of the purposes for the Mr. JEFFORDS. Mr. President, I they were becoming more interested in amendment? want to give people notice that there their school work as well. It has a sym- Mr. CLELAND. The Senator is abso- will be a change in the time of the vote biotic effect. lutely correct. this evening. I ask unanimous consent Senator REID’s amendment makes I thank the Senator from Massachu- that the previously scheduled vote sure children will also have an oppor- setts for his leadership role not only in begin at 5:45 today. tunity for continued training in lan- the area of education and in working The PRESIDING OFFICER. Without guage in the afterschool programs. If with this piece of legislation, but in objection, it is so ordered. the local jurisdiction chooses to do so, the area of school safety. Mr. KENNEDY. Mr. President, I ask it can utilize the assets they have for The Senator is correct; this report unanimous consent to be able to pro- that type of activity. It makes a great from 1998 that the Senator refers to is, ceed without the time being charged to deal of sense to me. The Senator is to quite frankly, shocking to me in the either side. be commended for it. sense that it has indicated how broad The PRESIDING OFFICER. Without We have found that where we have based the real question of violence in objection, it is so ordered. these effective programs, the favorable our schools really is. It indicates to me AMENDMENT NO. 460 impact in student achievement has that we need a broad-based approach. Mr. KENNEDY. Mr. President, I was been extraordinary, and where we do The facts from this report indicate not here at the time my good friend, not have these programs, the children that a third of the violence involving the Senator from Nevada, Mr. REID, of- have difficulties. teenagers in this Nation occurs in our fered his amendment about afterschool This is a continuum of opportunity schools. That is shocking. It seems to literacy programs. This would expand for children with limited English capa- me, then, that the distinguished Sen- the 21st Century Community Learning bility, and it is a wise policy decision. ator from Massachusetts is correct Centers’ eligibility to certain organiza- I congratulate the Senator for his ini- that we need this broad-based approach tions to include projects with an em- tiative and hope the Senate will sup- and a national center, a national clear- phasis on language and life skill pro- port the amendment when we have the inghouse to make sure that commu- grams for limited-English-proficient opportunity to do so. nities are in touch with one another. students. I suggest the absence of a quorum, I can testify that the little commu- I wish to add my support for that with the time to be charged to the op- nity of Conyers, GA, not far from my program. We had an excellent debate position to the amendment of the Sen- hometown of Lithonia, GA, has within last week when the Senate addressed ator from Georgia. it Heritage High School. That commu- the issue about increasing support for The PRESIDING OFFICER. Without nity was in shock, in trauma really, for the limited-English-speaking pro- objection, it is so ordered. The clerk months after the school shootings grams. We pointed out at the start of will call the roll. there. The community was wondering the debate that, under the existing leg- The assistant legislative clerk pro- what in the world to do, whether to en- islation, we were only reaching about ceeded to call the roll. hance counseling, whether to improve 25 percent of the children who would Mr. KENNEDY. Mr. President, I ask police protection, whether to enforce need these programs. unanimous consent that the order for tighter laws or what. Then time was taken by the good the quorum call be rescinded. With this center that we are setting Senator from Arkansas, myself, and The PRESIDING OFFICER. Without up, the National Center for School and others to point out what has been hap- objection, it is so ordered. Youth Safety, one call can inform any pening in our school systems with lim- Mr. KENNEDY. Mr. President, how community that goes through such a ited-English-speaking students. The much time is in opposition? tragedy and such trauma what other number of children has doubled in the The PRESIDING OFFICER. There communities have done and what re- last 10 years. are 5 minutes 8 seconds left in opposi- sources are available to assist them. If one looks at what happened over tion. These are not resources just available the next several years, the numbers Mr. KENNEDY. I yield myself that to schools; these are resources avail- went up dramatically. This is true with time. able to counselors and law enforcement regard to Hispanics, but it is also appli- The PRESIDING OFFICER. Without agencies. cable to other children. objection, it is so ordered. I note that not only are the teachers I mentioned earlier in the debate my Mr. KENNEDY. Mr. President, I see of America—the National Education not so recent, several months ago, visit my friend on the floor, the Senator Association—behind this legislation, to Revere High School in Revere, MA, from Georgia, who is the primary spon- and those who defend our children in where they have children speaking 43 sor of this amendment. I now have the America—the Children’s Defense languages. The school is involved in 12 excellent study which was the basis of Fund—but also law enforcement is be- to 14 language classes and expects to his amendment, ‘‘Early Warning, Time- hind this piece of legislation—the expand in the next few years. It is an ly Response: A Guide to Safe Schools.’’ International Brotherhood of Police Of- enormous challenge to schools, but I know he is familiar with this study. ficers and the Chiefs of Police in my schools are attempting to respond in One of the conclusions in this excellent own home State. an extraordinary way. study is that there is valuable informa- I am thrilled with this kind of sup- Encouraging afterschool programs, tion available on recognizing the warn- port, but, again, the Senator is correct. encouraging programs in these after- ing signs of violent behavior; that in It was not my idea. This amendment school settings makes a good deal of dealing effectively with a school crisis, was really the outgrowth of a report in sense to me. There are a variety of ac- one of the tragedies is schools have be- 1998, issued by the Department of Edu- tivities in the afterschool programs. In come the experts after they face vio- cation, that found, in coordination May 14, 2001 CONGRESSIONAL RECORD — SENATE S4875 with the Department of Justice, this to upgrade their own information be- (Purpose: To improve the provisions relating incredibly high number of incidents of cause it will be a resource that will ex- to assessment completion bonuses) violence. I thought it was incredible plain what is working, what has been On page 776, strike lines 1 through 5, and that students from age 12 to 18 were effective, what has been successful. insert the following: victims of more than 2.7 million crimes Finally, we have to start by recog- ‘‘(b) ASSESSMENT COMPLETION BONUSES.— nizing that schools are safe places. ‘‘(1) IN GENERAL.—At the end of school year at school and the victims of 253,000 se- 2006–2007, the Secretary shall make 1-time rious violent crimes. They are safe places for children. We bonus payments to States that develop State When I was growing up in my home are all mindful of the tragedies, the assessments as required under section community, this level of violence, this tragic killings that have taken place, 1111(b)(3)(F) that are of particularly high level of crime, was unheard of, un- the shootings that have brought such quality in terms of assessing the perform- thinkable. I can remember our high enormous tragedy to the families of ance of students in grades 3 through 8. The school principal articulated a principle people who have been affected by acts Secretary shall make the awards to States that is embodied actually in this legis- of violence. that develop assessments that involve up-to- Parents are constantly concerned date measures of student performance from lation, that a school cannot live apart multiple sources that assess the range and from the community. So our schools about how safe their children are when depth of student knowledge and proficiency are not just separate oases out there, they go to school every day. But the in meeting State performance standards, in monasteries that are separate from the essential fact is, children are safe in each academic subject in which the State is community; they reflect what is going their schools. I think people under- required to conduct the assessments. on in the community. That is why our stand that. We understand that. But we ‘‘(2) PEER REVIEW.—In making awards approach isn’t just some assistance to want to make sure they are going to under paragraph (1), the Secretary shall use schools or teachers and counselors; it continue to be safe. There are too a peer review process. is assistance to law enforcement, to many instances of violence. The in- Mr. WELLSTONE. Mr. President, community leaders, nonprofit organi- stances that have occurred are a real this amendment that I have called up— zations, because violence is that broad concern to us. We want to reduce them I do it now because I am hoping—and I bound, and it is not just located in one and make the schools even safer. certainly thank the Senator from particular place. That is what the amendment of the Vermont for his focus on policy last The distinguished Senator from Mas- Senator from Georgia is all about. As I week and his support of an amendment sachusetts is correct. It is one reason mentioned, I hope those who follow I had on testing. But this amendment why we have incorporated immediate this debate—and it is a difficult debate is really simple and straightforward. I access to this center in the form of a to follow since we are on this legisla- thought tonight would be a good time toll free, nationwide hotline for stu- tion for a few days and then have inter- to introduce it. dents to report criminal activity, vening matters, but nonetheless, I hope Right now, in S. 1, the Secretary can threats of criminal activity, high-risk they will have the chance to review give bonuses to States if they complete behavior such as substance abuse, gang that study and this amendment. We their assessments ahead of the deadline or cult affiliation, or other warning think this amendment will be an im- outlined in the law, which is the 2005– signs of potentially violent behavior. portant addition to the bill. 2006 school year. There is a special emphasis, too, on I thank the Senator again. What we are saying in the amend- rural and impoverished communities. Mr. CLELAND. Will the Senator ment is that actually what we ought to Violence knows no boundaries. Our yield? do is to, instead, give bonuses to States rural and impoverished communities Mr. KENNEDY. Yes, I am glad to for developing and using high-quality are just as susceptible to violence as yield. assessments. That is really where any any others. Mr. CLELAND. Mr. President, I ask bonus ought to go. I thank the Senator for his willing- unanimous consent that Senator LEVIN So what this amendment would do is ness to assist me in this amendment. I be added as a cosponsor to this amend- change the bonus grant so the rewards thank him and his staff for the cour- ment. would go to States if they develop tesies they have exhibited toward us. The PRESIDING OFFICER (Mr. FITZ- high-quality assessments as deter- Mr. KENNEDY. Mr. President, I re- GERALD). Without objection, it is so or- mined by a peer review process that mind the Senate that the study, which dered. would be set up by the Secretary—that is the basis for this amendment, is en- Mr. CLELAND. I thank the Senator is done all the time—instead of award- titled ‘‘Early Warning, Timely Re- from Massachusetts for his leadership. ing grants to States just because their sponse: A Guide To Safe Schools.’’ The I urge the Senate to adopt the amend- assessments get done quickly. study itself was sent out to principals ment. The point is not whether they are of schools across the country, but if Mr. KENNEDY. We will have that done quickly, the point is to make sure teachers or parents are interested, they chance. this is high-quality assessment. To em- can write the Department of Justice or The PRESIDING OFFICER. The Sen- phasize the thoughtful development of the Department of Education and get ator from Minnesota is recognized. high-quality assessments, these bo- this study. It is also available on line AMENDMENT NO. 465 TO AMENDMENT NO. 358 nuses would not be rewarded until the as well. Mr. WELLSTONE. Mr. President, I date at which the new annual testing I want to mention one quote from ask unanimous consent that the two goes into effect. Wilmer Cody, Kentucky Commissioner pending amendments be temporarily So I want to start out by saying to of Education: laid aside and I call up amendment No. colleagues that this is very consistent, Coordinated school efforts can help. But 465. interestingly enough, with the piece the solution does not just rest in the schools. The PRESIDING OFFICER. Is there that Secretary Paige wrote in the Together we must develop solutions that are objection? Washington Post this weekend. He community-wide and coordinated, that in- Without objection, it is so ordered. writes: clude schools, families, courts, law enforce- The clerk will report. A good test, the kind the President and I ment, community agencies, representatives The legislative clerk read as follows: support, is aligned with the curriculum so of the faith community, business, and the The Senator from Minnesota [Mr. the schools know whether children are actu- broader community. WELLSTONE], for himself and Mr. FEINGOLD, ally learning the material that their States I think that is what is unique in the proposes an amendment numbered 465 to have decided the child should know. Cleland proposal. It isn’t just relying Amendment No. 358. So I am saying now and what I was on one aspect of the community; it in- Mr. WELLSTONE. Mr. President, I saying last week—that I absolutely cludes all of those elements. It is de- ask unanimous consent that further agree and, of course, the majority of scribed in this report. I think it will be reading of the amendment be dispensed my colleagues agreed—is let’s make a center which will have information of with. sure we meet the basic criteria that essential importance to every school in The PRESIDING OFFICER. Without the tests are comprehensive—you don’t this country. I think every school in objection, it is so ordered. just have to take off-the-shelf, single the country would be wise to continue The amendment reads as follows: standardized test—and that the tests S4876 CONGRESSIONAL RECORD — SENATE May 14, 2001 are coherent, that they are measuring way, and we were also saying yes to courage States to move ahead. The the curriculum being taught, and they making sure there were resources for Senator has rightfully put his finger on are continuous so we can measure the the tools, for the students and for the the fact that we want to make sure the progress of a child over time. teachers to do well. tests are not going to be off-the-shelf Well, I think what Secretary Paige My concern is, given where we are tests and responding to rote informa- said in his op-ed piece in the Wash- heading with the budget resolution and tion but are a reflection of what the ington Post is, yes; we want to make where we are heading with this tax cut, children actually learned and how they sure that this is high-quality testing. as a matter of fact, we are not going to think. So I was looking at the language in the have the resources to help students do That is done in a number of States at bill, I say to my colleagues, and I better. In which case it seems to me a the present time. The administration thought, wait a minute, we don’t want little disingenuous at best and, I frank- wanted to provide encouragement to to have an incentive saying that the ly argue, cruel at worst, to take a States to do it. We had, the Senator sooner you do the assessment, the fourth grader or a third grader, since may remember, in the previous ele- more likely you are to get a bonus be- we start at age 8, who has been in a mentary and secondary education title cause then the incentive is all in the school where there have been two or I program, put in a provision encour- wrong direction. three teachers during the school year— aging States to do it, and only 10 or 12 What we really want to say is we do that is not uncommon in some of the States actually did it. We provided not want people rushing and we do not inner-city schools, and expect those flexibility for them to do it in the ele- want people as a result of that rush— children to do as well as students who mentary, middle, and then the senior and I have heard Senator KENNEDY talk have had the best teachers and the best year. A number of the States did but about this more than once—to use off- opportunities. most did not. the-shelf, relatively low level tests. We Low income children do not have the The administration was trying to en- want to reward States and provide bo- support necessary to do well, most par- courage States to move ahead. I sup- nuses for doing high-quality testing. ticularly in the area of early childhood port that concept, but I absolutely That is what this amendment is about. education. A child who comes to kin- agree with the Senator from Min- I was not here earlier, but I thank dergarten and is way behind other chil- nesota: First, we want to have good my colleague and friend from Wis- dren who had good nurturing, stimula- tests. We had that debate last week. consin, Senator FEINGOLD, who is a co- tion, had the best of early childhood The bill is strengthened with the sponsor of this amendment. He came to development either from their own amendment of the Senator from Min- the Chamber earlier, and I understand family or in a really good childcare nesota. This is a follow-on that says we he made some very thoughtful com- center the parents could afford, has an want to encourage good tests and we ments on the general issue of high immeasurable disadvantage. Yet, we want to get it done as early as possible. quality and fair assessments, and he will basically say, without any addi- As I understand, there are 15 States also raised some very legitimate ques- tional help, that we are going to fail now which have tests between the third tions and concerns about the direction her. and the eighth grade. The basic re- in which we are moving. We already know these children are views, the studies that have been done I could spend a lot of time on this. I not going to do well. The thing Sec- on those tests, say of the 15, 7 States do not think I need to draw from the retary Paige is missing in his piece have very well designed tests that are different reports and studies that have today is what he testified to before our generally recognized to meet this cri- taken place about the importance of committee. He said, yes, we need the terion to test the children’s ability to getting it right and making sure this is resources. I do not see those resources, think and comprehend the information high-quality testing. and I think this will end up not being and then be able to respond to chal- If we want to get the tests right, then a good piece of legislation if we do not lenges using that information in an ef- we ought to provide bonuses for States have both. fective way in response to questions. that do the best job. That is really The two colleagues who are in the We want to encourage that. where the bonuses should go. Chamber, the Senator from Massachu- It takes time to do tests well. There My point is, let us enhance the ac- setts and the Senator from Vermont, are a number of steps. We want good countability systems by enhancing the have made the same point: We need the tests. We want a good curriculum. We quality of assessments so that we do resources to go with accountability. want well-trained teachers. That is not make a mistake, and the way to do I have an amendment—I am ready to what we are trying to do, get well- that is to provide incentives for States, do it at a good time—that is a trigger trained teachers, and we have the pro- bonuses for States that do a high-qual- amendment—linking the new testing visions in the legislation to do that. We ity job with high-quality tests. to the funding 79 of us voted for in the want to get the curriculum formed, and That is what I tried to do last week Dodd-Collins amendment on fully au- we have provisions in the legislation to and this week—and I so appreciate the thorizing title I. My amendment would do that. support of the Senators from Massa- ensure that there is additional money We want accountability with tests chusetts and Vermont. There will come for reading help, quality teachers, pre- which we are encouraging, and with a point in the debate where I am going school and afterschool care. the Wellstone amendment we can do to raise the philosophical question— All that is going to be a key debate. that. With the Wellstone amendment which I do not know I have answered in Right now I am in a pragmatic mood, and the bonuses, this is a very useful my own mind—as to whether the Fed- and I am just trying to make sure the and helpful amendment. I am very eral Government ought to be dictating testing is done the best possible way. hopeful at the appropriate time we will this to States and local school dis- Even if I do not end up voting for the be able to successfully urge Senators to tricts. That is the question. We have bill, I still want it to be the best pos- accept this amendment. done it before with title I, but this goes sible bill. Senator WELLSTONE has targeted one way beyond what we have done. I think we ought to provide the bo- area of concern to me and I think to The part of the op-ed piece Secretary nuses for the high-quality testing. It many here, and that is to make sure we Paige wrote with which I do not agree seems to me a mistake that the bo- are going to get good tests and not just is the opening sentence: nuses go only to the States that de- the off-the-shelf tests which are taught Anyone who opposes annual testing of chil- velop their assessments as quickly as to and really do not reflect the dren is an apologist for a broken system of possible. I hope I get support from my progress all of us want to see in terms education that dismisses certain children colleagues. of children learning. and classes of children as unteachable. The PRESIDING OFFICER. The Sen- I thank him very much. We had My fear is, I say to Senator JEF- ator from Massachusetts. talked about this concept before, and FORDS, I thought when we were mark- Mr. KENNEDY. Mr. President, I he has taken the concept and put it ing up this bill we were saying two thank the Senator for what I hope will into legislative form. I had not seen it things. We were saying yes to account- be an accepted amendment. The admin- before. There may be some parts to it— ability and we want to do it the right istration is offering the bonuses to en- but I cannot spot them—that may be May 14, 2001 CONGRESSIONAL RECORD — SENATE S4877 of trouble to some of our colleagues, 460. The question is on agreeing to the The result was announced—yeas 74, but I hope at the appropriate time we amendment. The yeas and nays have nays 23, as follows: can move ahead and accept the amend- been ordered, and the clerk will call [Rollcall Vote No. 102 Leg.] ment. the roll. YEAS—74 I thank the Senator for the develop- The bill clerk called the roll. Allen Domenici McConnell ment of this amendment. This amend- Mr. REID. I announce that the Sen- Baucus Dorgan Miller ment and the other amendment he had ator from Hawaii (Mr. AKAKA), the Sen- Bayh Durbin Murkowski immeasurably strengthen the legisla- ator from Iowa (Mr. HARKIN), the Sen- Biden Edwards Murray Bingaman Feingold Nelson (FL) tion. ator from Connecticut (Mr. Boxer Feinstein Nelson (NE) I don’t want to end this part of the LIEBERMAN), and the Senator from Breaux Fitzgerald Reed discussion without saying I agree with Maryland (Ms. MIKULSKI) are nec- Burns Graham Reid essarily absent. Byrd Gramm Roberts him about the importance of the re- Campbell Grassley Rockefeller sources. I am somewhat more hopeful The PRESIDING OFFICER. Are there Cantwell Harkin Sarbanes than he is that by the end of the day any other Senators in the Chamber de- Carnahan Hollings Schumer we are going to be able to get them. siring to vote? Carper Hutchison Sessions The result was announced—yeas 96, Cleland Inouye Shelby Maybe it is a false hope. I do not be- Clinton Jeffords Smith (OR) lieve it is. But I know he will be help- nays 0, as follows: Cochran Johnson Snowe ing us and doing everything he can to [Rollcall Vote No. 101 Leg.] Collins Kennedy Specter YEAS—96 Conrad Kerry Stabenow help us get them whenever we can. Corzine Kohl Stevens I know the depth of his own feeling. Allard Dorgan Lugar Craig Landrieu Torricelli I respect it, although I might have Allen Durbin McCain Crapo Leahy Voinovich some difference in the final conclusions Baucus Edwards McConnell Daschle Levin Warner Bayh Ensign Miller Dayton Lincoln Wellstone he comes to with regard to the overall Bennett Enzi Murkowski DeWine Lugar Wyden legislation. Biden Feingold Murray Dodd McCain This is an important amendment. I Bingaman Feinstein Nelson (FL) Bond Fitzgerald Nelson (NE) NAYS—23 am hopeful it will be accepted at an ap- Boxer Frist Nickles Allard Frist Lott propriate time. Breaux Graham Reed Bennett Gregg Nickles The PRESIDING OFFICER. The Sen- Brownback Gramm Reid Bond Hagel Santorum Bunning Grassley Roberts Brownback Hatch Smith (NH) ator from Minnesota. Burns Gregg Rockefeller Mr. WELLSTONE. I thank the Sen- Bunning Helms Thomas Byrd Hagel Santorum Chafee Hutchinson Thompson ator for his gracious remarks and Campbell Hatch Sarbanes Ensign Inhofe Thurmond thank him for his support of this Cantwell Helms Schumer Enzi Kyl Carnahan Hollings Sessions amendment. Carper Hutchinson Shelby NOT VOTING—3 AMENDMENT NO. 600 Chafee Hutchison Smith (NH) Akaka Lieberman Mikulski The PRESIDING OFFICER. The Sen- Cleland Inhofe Smith (OR) ator from Alabama. Clinton Inouye Snowe The amendment (No. 376) was agreed Cochran Jeffords Specter to. Mr. SESSIONS. Mr. President, ear- Collins Johnson Stabenow lier today I had a followup amendment Conrad Kennedy Stevens AMENDMENT NO. 600 600 that I offered to create a crisis hot- Corzine Kerry Thomas Mr. JEFFORDS. Mr. President, I ask Craig Kohl Thompson unanimous consent to call up amend- line so parents and schoolchildren who Crapo Kyl Thurmond see a child carrying a weapon or mak- Daschle Landrieu Torricelli ment No. 600 of Senator SESSIONS. ing a serious threat can call on that Dayton Leahy Voinovich The PRESIDING OFFICER. Without DeWine Levin Warner objection, it is so ordered. hotline and something would be done Dodd Lincoln Wellstone about it because in the most serious Domenici Lott Wyden Mr. JEFFORDS. I ask unanimous consent to vitiate the yeas and nays. high school violent cases we have had NOT VOTING—4 in America those children were sending The PRESIDING OFFICER. Is there Akaka Lieberman objection? Without objection, it is so signals in advance and perhaps lives Harkin Mikulski have been saved in that regard. ordered. The amendment (No. 460) was agreed I offered the amendment earlier, and Mr. JEFFORDS. I believe this to. I ask unanimous consent to ask for the amendment is acceptable to both sides. yeas and nays. AAMENDMENT NO. 376 I ask the Senator from Massachusetts. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. There is Mr. KENNEDY. Yes. Mr. President, I objection to the request? Without ob- 2 minutes equally divided on the hope the Senate will accept this jection, it is so ordered. Cleland amendment No. 376. Who yields amendment. The Senator explained it Is there a sufficient second? time? earlier, and I think it is a useful addi- There is a sufficient second. Mr. JEFFORDS. Mr. President, I tion to the legislation. I hope it will be The yeas and nays were ordered. yield back my time. accepted. Mr. CLELAND. Mr. President, I yield AMENDMENT NO. 389 The PRESIDING OFFICER. The my time back. question is on agreeing to the amend- Mr. JEFFORDS. Mr. President, I call The PRESIDING OFFICER. All time up Senator VOINOVICH’s amendment No. ment. is yielded back. The amendment (No. 600) was agreed 389. Mr. CLELAND. Mr. President, I ask The PRESIDING OFFICER. Is there to. for the yeas and nays. Mr. KENNEDY. Mr. President, I objection? Without objection, the The PRESIDING OFFICER. Is there a move to reconsider the vote. amendment is now pending. sufficient second? Mr. JEFFORDS. I move to lay that Mr. JEFFORDS. I ask for the yeas There is a sufficient second. and nays. The question is on agreeing to the motion on the table. The PRESIDING OFFICER. Is there a amendment of the Senator from Geor- The motion to lay on the table was sufficient second? gia. The clerk will call the roll. agreed to. There is a sufficient second. The legislative clerk called the roll. The PRESIDING OFFICER. The Sen- The yeas and nays were ordered. Mr. REID. I announce that the Sen- ator from Pennsylvania. Mr. JEFFORDS. I ask unanimous ator from Hawaii (Mr. AKAKA), the Sen- AMENDMENT NO. 388, WITHDRAWN consent that the amendment be set ator from Connecticut (Mr. Mr. SPECTER. Mr. President, I aside and the regular order be resumed. LIEBERMAN), and the Senator from sought recognition to withdraw amend- VOTE ON AMENDMENT NO. 460 Maryland (Ms. MIKULSKI) are nec- ment No. 388, which is a second-degree The PRESIDING OFFICER. The essarily absent. amendment to the amendment offered amendment is set aside. The PRESIDING OFFICER. Are there by the Senator from Washington, Mrs. The pending amendment by previous any other Senators in the Chamber de- MURRAY. I have done so because pursu- order is now the Reid amendment No. siring to vote? ant to some substantial complications S4878 CONGRESSIONAL RECORD — SENATE May 14, 2001 of the bill and a number of corrections, a number of calls were received. I think The PRESIDING OFFICER. Without I believe the underlying bill accom- there were about 400 calls in that short objection, it is so ordered. plishes what I have sought, and that is period of time. Many of those came The amendment is as follows: to allow the States to have discretion from 5 to 9 o’clock at night and came (Purpose: To amend the Higher Education to use funds under this bill for class- from parents or grandparents of chil- Act of 1965 to extend loan forgiveness for room size or additional teachers if they dren who had seen or heard things that certain loans to Head Start teachers) choose to do so. troubled them where the kids went to On page 893, after line 14, add the fol- There is a long and involved history school. lowing: to this issue which came up on the ap- I believe a hotline of this kind should SEC. ll. LOAN FORGIVENESS FOR HEAD START propriations bill which I managed last be given serious consideration by other TEACHERS. year in my capacity as chairman of the States. (a) SHORT TITLE.—This section may be Appropriations Committee, Sub- This legislation will make clear that cited as the ‘‘Loan Forgiveness for Head committee on Labor, Health and the funds already appropriated can be Start Teachers Act of 2001’’. Human Services, and Education. But in used for safe schools and violence pre- (b) HEAD START TEACHERS.—Section 428J of the Higher Education Act of 1965 (20 U.S.C. any event, the objective which I have vention, and that creating a hotline of this type would be a permissible use of 1078–10) is amended— sought will be accomplished by the un- (1) in subsection (b), by amending para- derlying bill, and it would simplify the that money. graph (1) to read as follows: process if I withdraw the amendment, A mechanism needs to be set up so ‘‘(1)(A) has been employed— which I hereby do. that anyone who has a serious cause ‘‘(i) as a full-time teacher for 5 consecutive I thank the Chair. for concern would know precisely complete school years in a school that quali- Mr. JEFFORDS. I thank the Senator where they could call. They would not fies under section 465(a)(2)(A) for loan can- from Pennsylvania. have to give their name under most cellation for Perkins loan recipients who The PRESIDING OFFICER. The circumstances. Then perhaps some- teach in such a school; or thing could be done to intervene in the ‘‘(ii) as a Head Start teacher for 5 consecu- amendment is withdrawn. tive complete program years under the Head AMENDMENT NO. 600 situation. If, for example, a child comes home Start Act; and The PRESIDING OFFICER. The Sen- ‘‘(B)(i) if employed as a secondary school ator from Alabama. and says that down the street in the teacher, is teaching a subject area that is Mr. SESSIONS. Mr. President, I vacant lot Billy is playing with a gun, relevant to the borrower’s academic major as would like to make a few remarks on and he says he is going to shoot some- certified by the chief administrative officer amendment No. 600, as agreed to. body, the mother, the grandmother, or of the public or nonprofit private secondary Mr. JEFFORDS. Go ahead. somebody at home could make that school in which the borrower is employed; call. Somebody would come out and ‘‘(ii) if employed as an elementary school Mr. KENNEDY. We appreciate the teacher, has demonstrated, as certified by courtesy of the Senator from Alabama. check it out. They are not going to ar- rest the person if he doesn’t have a the chief administrative officer of the public But I think we are not quite prepared or nonprofit private elementary school in to offer a consent agreement on the gun. They are just going to ask ques- which the borrower is employed, knowledge procedures for tomorrow. We are await- tions about it. and teaching skills in reading, writing, ing that agreement. We welcome the Perhaps those kinds of immediate re- mathematics, and other areas of the elemen- Senator’s comments on that legisla- sponses and immediate interventions tary school curriculum; and tion. would be effective in reducing the like- ‘‘(iii) if employed as a Head Start teacher, The PRESIDING OFFICER. The Sen- lihood that a child would actually go has demonstrated knowledge and teaching and shoot someone. In fact, we could skills in reading, writing, early childhood de- ator from Alabama. velopment, and other areas of a preschool Mr. SESSIONS. Mr. President, one of get a lot of illegal weapons off the street. curriculum, with a focus on cognitive learn- the things we have learned from the ing; and’’; shootings in a number of the schools I think this is a good approach. It is (2) in subsection (g), by adding at the end that have traumatized all of America is legislation that we discussed in depth the following: that quite often certain individuals, when the juvenile justice bill was mov- ‘‘(3) HEAD START.—An individual shall be family, schoolmates, or others had rea- ing through this Senate and passed this eligible for loan forgiveness under this sec- sonable cause to believe that a child Senate, but it never became law. I tion for service described in clause (ii) of subsection (b)(1)(A) only if such individual might be about to commit some serious think that this provision is appropriate for schools. I believe it would be a good received a baccalaureate or graduate degree act of violence. But in each of those on or after the date of enactment of the cases, no real intervention occurred, preventive tool for violence. I thank the Senate and the leaders on Loan Forgiveness for Head Start Teachers and the act of violence was carried out. Act of 2001.’’; and both sides for agreeing to allow this Back in my hometown of Mobile, AL, (3) by adding at the end the following: amendment to be approved and made a we had a problem of children using ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— guns and bringing them to school. I part of this bill. I hope and pray that There are authorized to be appropriated such was a U.S. Attorney, and we had a big this type of intervention may prevent sums as may be necessary for fiscal year 2007 meeting with the district attorney and violence and possibly save lives. and succeeding fiscal years to carry out loan I thank the Chair. repayment under this section for service de- the sheriff, the juvenile judge, the ju- The PRESIDING OFFICER. The Sen- scribed in clause (ii) of subsection (b)(1)(A).’’. venile referee, the Colleagues for Drug ator from Ohio. (c) CONFORMING AMENDMENTS.—Section Free Mobile, and the Drug Council. We Mr. VOINOVICH. Mr. President, I ask 428J of such Act (20 U.S.C. 1078–10) is talked about how to deal with it, and unanimous consent to set aside the amended— we came up with the idea of a bumper pending amendment. (1) in subsection (c)(1), by inserting ‘‘or sticker that we called ‘‘Kid With A Gun The PRESIDING OFFICER. Is there fifth complete program year’’ after ‘‘fifth complete school year of teaching’’; Call 911.’’ objection? Without objection, it is so The police chief said if they received (2) in subsection (f), by striking ‘‘sub- ordered. section (b)’’ and inserting ‘‘subsection a call from a parent or a child who AMENDMENT NO. 443 (b)(1)(A)(i)’’; made a serious allegation that another Mr. VOINOVICH. Mr. President, I (3) in subsection (g)(1)(A), by striking ‘‘sub- child was carrying a weapon or maybe call up amendment No. 443. section (b)(1)(A)’’ and inserting ‘‘subsection about to plan something dangerous, The PRESIDING OFFICER. The (b)(1)(A)(i)’’; and the police would followup on that call. clerk will report. (4) in subsection (h), by inserting ‘‘except Bumper stickers were put on the police The legislative clerk read as follows: as part of the term ‘program year’,’’ before ‘‘where’’. cars, and the message got about town. The Senator from Ohio [Mr. VOINOVICH], for (d) DIRECT STUDENT LOAN FORGIVENESS.— Later, the State of Alabama adopted himself, Mrs. FEINSTEIN, Mr. COCHRAN, Mr. (1) IN GENERAL.—Section 460 of the Higher a hotline in which they set up the same BAUCUS, Ms. LANDRIEU, and Mrs. MURRAY, Education Act of 1965 (20 U.S.C. 1087j) is proposes an amendment numbered 443. kind of thing with a centralized 24- amended— hour-a-day center to receive those calls Mr. VOINOVICH. Mr. President, I ask (A) in subsection (b)(1), by amending sub- from all over the State. Within 2 weeks unanimous consent that reading of the paragraph (A) to read as follows: of the setting up of that hotline, quite amendment be dispensed with. ‘‘(A)(i) has been employed— May 14, 2001 CONGRESSIONAL RECORD — SENATE S4879 ‘‘(I) as a full-time teacher for 5 consecutive That window of opportunity can be im- In Ohio today, only 11.3 percent— complete school years in a school that quali- pacted by things that are within our 242—of the 2,126 Head Start teachers fies under section 465(a)(2)(A) for loan can- control. employed in the State have a bach- cellation for Perkins loan recipients who To maximize their potential, we elor’s degree. Additionally, less than 1 teach in such a school; or must begin to teach our children the ‘‘(II) as a Head Start teacher for 5 consecu- percent—20—of Ohio’s Head Start tive complete program years under the Head necessary learning skills as early as teachers have a graduate degree. We Start Act; and possible; well before they reach kinder- must do more to help our teachers af- ‘‘(ii)(I) if employed as a secondary school garten. ford the education that will be used to teacher, is teaching a subject area that is There is countless amounts of re- help educate our children. relevant to the borrower’s academic major as search and data that shows that by fo- If we do not intervene at this critical certified by the chief administrative officer cusing on these earliest years, we can time in a child’s life with programs of the public or nonprofit private secondary make the greatest difference in a such as Head Start and the Early school in which the borrower is employed; child’s development and capacity to ‘‘(II) if employed as an elementary school Learning Opportunity Act, we will not learn, and I know of few other pro- likely reach our goal of ‘‘no child left teacher, has demonstrated, as certified by grams that provide that kind of focus the chief administrative officer of the public behind.’’ One of the best uses of our or nonprofit private elementary school in as does Head Start. Federal education resources is to tar- which the borrower is employed, knowledge The amendment that I am offering is get them toward our youngest citizens and teaching skills in reading, writing, designed to encourage currently en- where they can have the most impact. mathematics, and other areas of the elemen- rolled and incoming college students Recruiting and retaining Head Start tary school curriculum; and working on a bachelor’s or a master’s and early childhood teachers continues ‘‘(III) if employed as a Head Start teacher, degree to pursue a career as a Head has demonstrated knowledge and teaching to be a challenge for Ohio and other Start teacher. States. skills in reading, writing, early childhood de- In exchange for a 5-year teaching This amendment—which is based on velopment, and other areas of a preschool commitment in a qualified Head Start the bill that Senator FEINSTEIN and I curriculum, with a focus on cognitive learn- program, a college graduate with a ing; and’’; introduced, the Loan Forgiveness for minium of a bachelor’s degree could re- (B) in subsection (g), by adding at the end Head Start Teachers Act, S. 123 will ceive up to $5,000 in forgiveness for the following: help communities, schools and other ‘‘(3) HEAD START.—An individual shall be their federal Stafford student loan. When I was Governor of Ohio, we in- Head Start providers to meet the chal- eligible for loan forgiveness under this sec- lenge of recruiting and retaining high- tion for service described in subclause (II) of vested heavily in Head Start, increas- subsection (b)(1)(A)(i) only if such individual ing funding from $18 million in 1990, to quality teachers. received a baccalaureate or graduate degree $180 million in 1998. It is one of the best ways that I know on or after the date of enactment of the By the time I left office, there was a of where we can make a real difference Loan Forgiveness for Head Start Teachers space available for every eligible child in the lives of our most precious re- Act of 2001.’’; and in Ohio whose parents wanted them in source—our children. (C) by adding at the end the following: a Head Start or preschool program, and I am pleased to have been able to ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— because of our efforts, Ohio led the Na- work with the National Head Start As- There are authorized to be appropriated such sociation, the Ohio Head Start Associa- sums as may be necessary for fiscal year 2007 tion in terms of children served by and succeeding fiscal years to carry out loan Head Start. Today, there are 60,000 tion, and my Senate colleagues on this repayment under this section for service de- children in our Head Start programs. legislation. I urge the Members of this scribed in subclause (II) of subsection Now that I am in the Senate, I con- Chamber to support this amendment. (b)(1)(A)(i).’’. tinue to believe that it is absolutely Mr. President, I ask for the yeas and (2) CONFORMING AMENDMENTS.—Section 460 critical that we do more to help our nays on this amendment. of such Act (20 U.S.C. 1087j) is amended— young people prepare to begin school The PRESIDING OFFICER. Is there a (A) in subsection (c)(1), by inserting ‘‘or ready to learn. sufficient second? fifth complete program year’’ after ‘‘fifth In this regard, I was pleased to work There is a sufficient second. complete school year of teaching’’; with Senators JEFFORDS and STEVENS The yeas and nays were ordered. (B) in subsection (f), by striking ‘‘sub- Mr. VOINOVICH. Mr. President, I section (b)’’ and inserting ‘‘subsection last year to help pass the Early Learn- (b)(1)(A)(i)(I)’’; ing Opportunities Act. Still, we must yield the floor to the Senator from (C) in subsection (g)(1)(A), by striking now do more to help those teachers California. ‘‘subsection (b)(1)(A)’’ and inserting ‘‘sub- who educate our youngest children. The PRESIDING OFFICER. The Sen- section (b)(1)(A)(i)(I)’’; and The results of a survey undertaken ator from California. (D) in subsection (h), by inserting ‘‘except by the U.S. Department of Health and Mrs. FEINSTEIN. Mr. President, I as part of the term ‘program year’,’’ before Human Services in 1999 and 2000 has rise in support of Senate passage of the ‘‘where’’. shown a significant correlation be- James Guelff and Chris McCurley Body Mr. VOINOVICH. Mr. President, this tween the quality of education a child Armor Act. This bill is named after amendment will encourage young receives and the amount of education two police officers who were killed in teachers to go into early childhood that child’s teacher possesses; that is, the line of duty by criminal assailants education, encourage further learning the more education a teacher has, the wearing body armor. and credentialing of early learning more effectively they teach their stu- I thank Senator SESSIONS, Senator educators, and lead to better education dents cognitive skills, the more likely HATCH, and Senator LEAHY, among oth- for our nation’s youngest children. the students are to act upon those ers, for working so diligently with me I am pleased to be joined by Senators skills. to craft and pass this bipartisan legis- FEINSTEIN, COCHRAN, BAUCUS, Current Federal law requires that 50 lation. LANDRIEU, MURRAY and CORZINE in of- percent of all Head Start teachers must I would also like to recognize Lee fering this amendment. have an associate, bachelor’s, or ad- Guelff, brother of James Guelff, as well If one asks virtually any scientific vanced degree in early childhood edu- as the many other individuals who expert in human development or any cation or a related field with teaching worked tirelessly on behalf of this leg- mother for that matter—and they will experience by 2003. islation. tell you that there is no more impor- Under Ohio law, by 2007, all Head I introduced this legislation almost tant time in a child’s life than their Start teachers must have at least an six years ago in response to the death earliest years. associate’s degree. It is hoped that this of San Francisco police officer James In terms of priorities, the experiences requirement will encourage Head Start Guelff. on November 13, 1994, Officer and learning that fill a child’s first educators to pursue a bachelor’s or Guelff responded to a distress call. years have a critical and decisive im- even an advanced degree. After all, the Upon reaching the crime scene, he was pact on the development of the brain more education our teachers have, the fired upon by a heavily armed suspect and on the nature and extent of their better off our children will be. Unfortu- who was shielded by a kevlar vest and adult capacities—in other words, who nately, as we all know, education can bulletproof helmet. Officer Guelff died they will become as they grow older. be expensive. in the ensuing gunfight. S4880 CONGRESSIONAL RECORD — SENATE May 14, 2001 The James Guelff and Chris The PRESIDING OFFICER. Without We are going to have a chance to re- McCurley Body Armor Act is designed objection, it is so ordered. visit that issue when the Finance Com- to deter criminals from wearing body Mr. JEFFORDS. Mr. President, I ask mittee reports back in the next few armor, and to distribute excess Federal unanimous consent that at 10:30 a.m. days with their product on the alloca- body armor to local police. on Tuesday the Senate resume consid- tion of taxes, on who is going to get Lee Guelff, brother of Officer James eration of the Murray amendment No. the tax reductions. Many of us will Guelff, wrote to me about the need to 378 and there be 120 minutes equally di- have the opportunity again to present revise the laws relating to body armor. vided in the usual form. to the Senate: Do we want to see the He wrote: I further ask unanimous consent that reduction in the highest rates for the It’s bad enough when officers have to face at 2:20 on Tuesday the Senate proceed wealthiest individuals, or do we want gunmen in possession of superior firepower to a vote in relation to the amendment to use that money, which otherwise . . . But to have to confront suspects shield- and no amendments be in order to the would go back in terms of reduced ed by equal or better defensive protection as amendment and there be 5 minutes taxes—do we want to use that money well goes beyond the bounds of acceptable equally divided for closing remarks to fund education for children in this risk for officers and citizens alike. No officer prior to the vote. country? should have to face the same set of deadly The PRESIDING OFFICER. Without We will have an opportunity to vote circumstances again. objection, it is so ordered. on that several times when the bill I strongly agree with Lee. Mr. JEFFORDS. Mr. President, with comes back. The idea that the ink isn’t The legislation has three key provi- regard to the Sessions amendment, I even dry on that legislation and al- sions. First, it directs the U.S. Sen- ask unanimous consent that the pre- ready our Republican friends on the tencing Commission to provide an ap- viously agreed to Sessions amendment other side are licking their lips, wait- propriate sentencing enhancement for No. 600 be modified to be drafted to the ing for an increase in the minimum any crime of violence or drug traf- pending substitute. This is a technical wage, which is a target to try to help ficking crime in which the defendant change. It does not change any of the working families working 40 hours a used body armor. amendment’s legislative language. week, 52 weeks of the year, to help Second, it makes it unlawful for a The PRESIDING OFFICER. Without them out of poverty. person who has been convicted of a vio- objection, it is so ordered. We have the Republican leader lent felony to purchase, own, or posses f ARMEY saying: body armor. MORNING BUSINESS There is a general resolve, especially It is unconscionable that current among Republicans, that you can’t put this laws permit felons to obtain and wear Mr. JEFFORDS. Mr. President, I ask kind of disincentive in the employment of body armor without restriction when unanimous consent that there now be a people on the lowest rungs into play without period of morning business with Sen- trying to compensate for its adverse employ- so many of our police lack comparable ment effects. protection. ators permitted to speak for up to 10 In other words, schools are out, and Finally, the bill enables Federal law minutes each. The PRESIDING OFFICER. Without we are going to have a lot more besides enforcement agencies to donate surplus objection, it is so ordered. the $1.35 trillion in tax reduction, that body armor (approximately 10,000 evidently the Republican leadership is vests) directly to local and state police f waiting for the Senate and the House departments; THE MINIMUM WAGE to take action to increase the min- Far too many of our local police offi- Mr. KENNEDY. Mr. President, I saw imum wage, hopefully $1.50 over 3 cers do not have access to body armor. in the newspaper this morning the years, with a 60-, 50-, 40-cent increase The United States Department of Jus- headline in the Washington Post ‘‘Busi- in 3 steps, in order to help some of the tice estimates that 25% of State, local, ness Seeks Tax Breaks in Wage Bill.’’ hardest working Americans. and tribal law enforcement officers, ap- This is a reference to the inevitability This is a question about human dig- proximately 150,000 officers, are not that I and others are going to offer an nity. It is a question of whether we are issued body armor. increase in the minimum wage. This going to say to Americans working at Getting our police officers more body story is a reference to what the busi- the lowest end of the economic ladder armor will save lives. ness lobbying groups are doing in prep- that the work they do is important. According to the Federal Bureau of aration for that particular legislation What is the work they do? Many of Investigation, more than 30% of the and how they intend to add additional them are teachers’ aides. Many of them 1,200 officers killed by guns in the line kinds of tax reductions for companies work in childcare centers. Many of of duty since 1980 could have survived and corporations on that piece of legis- them work as nursing aides. Many of if they wore body armor. lation. them work in the buildings across this This bill has the support of organiza- We have just seen in the Senate last country, cleaning them late at night, tions representing 500,000 law enforce- week a tax reduction of $1.35 that is ex- away from their families. That is what ment personnel nationwide including: cessive and unfair in terms of its allo- many of these low-income jobs are all Fraternal Order of Police; National As- cation among Americans. A number of about. People work hard at them. They sociation of Police Organizations; Na- us voted in opposition to it. We recog- sacrifice in order to get them in many tional Sheriff’s Association; National nized that even in that proposal there instances. We want to say to those Troopers Coalition; International Asso- wasn’t a nickel—not 5 cents—increase workers that when we have had the ciation of Police Chiefs; Federal Law for education over the next 10 years— strongest economy in the history of Enforcement Officers Assn; Police Ex- not even a 5-cent increase. the Nation, people who work hard ecutive Research Forum; International We found $1,350,000,000,000 in tax re- should not have to live in poverty. Brotherhood of Police Officers; Major ductions, but we couldn’t divert any of It is interesting to note that over the city Chiefs; and National Assn. Black those resources to education, particu- history of the minimum wage we have Law Enforcement Executives. larly educating the needy children on increased the minimum wage 17 times. Once again, I commend the Senate whom this legislation is focused, recog- It was only the last time, when we in- for passing this important and long nizing that these children are our fu- creased it, which was 4 years ago, and overdue legislation. ture, recognizing that what we are try- evidently this time, that we have seen I yield the floor and suggest the ab- ing to do is to give greater support to the minimum wage loaded up with tax sence of a quorum. the children and to get greater ac- goodies, tax benefits. We didn’t do it The PRESIDING OFFICER. The countability for the children, the the previous 17 times. We didn’t do clerk will call the roll. schools, parents, and communities, as that. But now our Republican friends The assistant legislative clerk pro- well, in this legislation. are looking for a vehicle to carry this ceeded to call the roll. It is good legislation, I support it, load about further tax reductions for Mr. JEFFORDS. Mr. President, I ask but it does need to have the resources the wealthy corporations. unanimous consent that the order for to be able to have life to it. We didn’t We have had consideration of the tax the quorum call be rescinded. get any increase on that. reduction bill. We have all seen that. May 14, 2001 CONGRESSIONAL RECORD — SENATE S4881 We have heard it. We have debated it. This is what we are going to have be- not really interested in health insur- That has been done. Hopefully, that fore us. I reiterate: This is basically an ance; but if you pass a Patients’ Bill of will be it. Hopefully, we are not going issue that affects women because the Rights, a lot of companies will drop the to have another backdoor tax reduc- great majority of minimum-wage health insurance and you will get a lot tion here and effectively do it on the workers are women—the great major- more uninsured, and that is the reason backs of our needy workers. I certainly ity of workers are women. This is a I am not voting for it. That is the first hope not. I understand we might have children’s issue because a majority of time words ever came out of their to make some adjustments on this. the women have children. mouths about how they are interested The last time we had an increase, it And so it is their relationship, how in expanding health insurance—when was in the $18 to $20 billion range. I the minimum wage worker is going to they are opposing the Patients’ Bill of found that offensive but nonetheless be able to provide for the children in Rights. supportable. But last year our Repub- that home. What happens, of course, is We are going to hear similar argu- lican leadership was talking about over that by and large the mothers have ments, and those arguments have been $100 billion. I would certainly do every- more than one minimum wage job; dismissed, shattered, and I understand thing I could to resist that kind of ac- they have two, or even three jobs, in that we are going to have to pay a toll tion here. order to provide for their families. I because the Republican leadership is Let me review briefly what is hap- read with interest the report last week going to insist on it. They insisted last pening with the minimum wage at the about how parents are spending more year. The price was going to be $100 bil- present time. This says: Working hard time with their parents. While that lion last year—$100 billion. The news- but losing ground, the declining real may be true, I don’t know where they paper report today says it is going to value of the minimum wage. If we look find the time and can only imagine at be just about that much this year. at what has happened, in 1992, we have what price. Low-wage workers are That is the toll to get through the gate an increase in the minimum wage. working 416 more hours a year than for an increase in the minimum wage Again, we voted it in 1996; it went into they did twenty years ago. And studies put on there by the Republican leader- effect in 1997. What we have seen since have shown that in 1996, families, on ship. that time is, now at the year 2000, 2001, average, had 22 hours a week less to Make no mistake about it. If the we have effectively wiped out the in- spend with their children then they did Speaker and the majority leader said crease, the purchasing value of the in- in 1969, because their parents are work- no, it would not be there. It is the sec- crease we had in 1996. ing longer hours and, in some cases, ond time in the history of the min- What we are talking about is what working two, sometimes even three imum wage we are going to have it the red line shows, which would be an jobs. packaged with tax goodies for the increase of $1.50, which would bring it So it is a women’s issue, a children’s wealthiest individuals. The ink is not up to a purchasing power of $6.14, and issue. It is a civil rights issue because even dry on the most dramatic tax re- we are still not even close to what it many of the men and women who earn duction that we have had in recent was from 1968, 1978, up to, really, 1980. the minimum wage are men and women times, Mr. President, at the expense of We are not even close to that. of color. And, most of all, it is a fair- other vital priorities. It just doesn’t We are talking about the neediest of ness issue, that here with the strength work. the needy. Look at this. If we look at of our economy, we ought to be able to Maybe the Republican leadership is what has happened to the minimum say that in the United States of Amer- able to try to muscle that through, but wage, we have historically tried to ica, if you work hard, play by the rules, they are going to take some time on have a minimum wage which is going try to bring up children, you should this and they are going to have some to be half the average hourly earnings. not have to live in poverty. votes on it. We are going to find out— That has been the basic kind of ref- Finally, I point out that the Senate the American people are—who is on the erence point. Look at what has hap- of the United States was quite willing side of those working families and who pened in recent years, how the average to increase its own salary last year by is on the side of trying to make sure hourly earnings have been going up but $3,800. We were glad to do that, but we that we are not going to have a give- the purchasing power, the real min- are unwilling to have an increase in away in terms of these taxes. That imum wage for workers, is falling fur- the minimum wage. Now we are told would be absolutely wrong. ther and further behind. that they are going to hold the min- Sooner or later, it is going to come This is another chart. This reflects: imum wage hostage unless they get bil- down to which party represents you The minimum wage no longer supports lions and billions and billions and bil- and stands by you. Well, you are going a family above the poverty line. This is lions more in tax breaks for the to find out; you can tell where those the real value of poverty guidelines and wealthiest corporations and individuals special interests are going to be. They the minimum wage. If you look at in America—that is wrong; that is ab- will know who stands by them. It is what the poverty line is, for a family of solutely categorically wrong—and add going to be the Republican leadership three at $15,000, if you look at where that on top of the tax breaks they have because they are going to try to add the minimum wage is, you will see that just had. I mean, how much greed can $100 billion more in tax goodies for it is falling further and further behind there be, Mr. President? How much them. But the workers of America are the poverty line. The fact is, the poor greed can there be, and at the expense going to know who stands by them as today continue to be poor and are poor- of the lowest income working Ameri- well by the end of this debate. er than at any time in the last 40 years. cans? How much greed can there be? I yield the floor. This is our proposal we will be look- This idea, well, we have to look and Mr. WELLSTONE. Mr. President, ing at, a minimum wage increase. We see the pressure that this provides in first of all, let me thank Senator KEN- will be asking for the 60 cents in 2001, terms of—that it puts on businesses in NEDY for his very strong words about 50 cents in 2002, and 40 cents in 2003. terms of employment, and the inflation the minimum wage. I want him to This represents the percent of our pro- rate, well, I hope we are not going to count me in as a very strong supporter posed increase in the minimum wage in hear much about that. You will hear as we bring this legislation to the floor relationship to past increases. This is much about it, but it has been so dis- of the Senate. I think the Senator from relatively small. We are talking about credited, so discredited. We could go Massachusetts, in his own char- a 12-percent increase. We increased it back to the times of the last increase acteristic strong, proud way, has made about 12 percent in 1996, in 1991. In 1990, in the most recent times—1992, 1997— it very clear what is at stake with this we were higher than in 1978. We were and I will show you the expansion in minimum wage legislation. I thank just about there in 1976, a great deal the job rate here in this country among him for his remarks. higher in 1969, higher in 1968. So this is every group, including teenage minori- I will use this opportunity to rein- right in the mainstream of increases. A ties. We are going to hear a lot that force some of the comments made by 60-cent increase is right in the main- you really don’t care about teenage mi- my friend, the Senator from Massachu- stream; 50 cents is a little below the norities. setts. mainstream, and the final 40 cent in- It is the same people who say I don’t It is pretty amazing to see a front crease is down even further. care about teenagers who say you are page story in the Washington Post, S4882 CONGRESSIONAL RECORD — SENATE May 14, 2001 ‘‘Business Seeks Tax Breaks in Wage in our States—nobody can say they are the minimum wage at too high of a Bill’’—I believe I heard the Senator not hard working —who cannot support level you could lose jobs, but it is not from Massachusetts say perhaps to the their families, they are the last people going from $5.15 an hour to $6.65 an tune of $100 billion or thereabouts. in the world to be able to hire the lob- hour. I want to say to Senators, I think byists. They do not have lobbying coa- It seems to me Senators are in a fair- this minimum wage bill goes to the litions here. They are the last people in ly awkward situation when we voted heart and soul of the question of the world to give the big contributions. ourselves over a $4,000 increase in our whether we have a heart and soul as a They are the last people in the world to already high salary and we are not Senate. We are now at $5.15 an hour, be the investors in either political willing to vote to raise the minimum and we are talking about trying to get party. wage for working poor women and men this up to $6.15 an hour, then to $6.65 an But you know what? If you believe it in this country from $5.15 an hour to hour, in increments. is important for people to earn a de- $6.65 an hour so people have a better I am going to make two or three cent standard of living so they can sup- chance of being able to support their points. The first is personal, but it port their families and give their chil- children and support their families. really is true. If we are going to vote dren the care they know their children This is a perfect example of the song ourselves a raise of over $4,000 a year— need and deserve, then we ought to be that was written by Florence Reese Senators make about $140,000-some a willing to support a raise in the min- from Harland County, KY—the song year—it seems to me we ought to be imum wage. It is just unbelievable to about which side you are on. In this able to vote for a raise in the wage of see in today’s Washington Post this particular case, it is, whose side are the lowest paid workers. We are talk- story. you on? Are you on the side of hard- ing about people who work 40 hours a I don’t know, maybe I should not be working people? We all say we are for week, almost 52 weeks a year, and they surprised. Frankly, I do not want to be hard-working people. Or are you on the are still poor. dishonest. You never want to be dis- side of large economic interests? Are I think there is no standard of justice honest. I don’t want to feign total you on the side of elementary justice here if we are going to vote a hefty in- shock because I have looked at the to raise the minimum wage for workers crease for ourselves—we are hand- greed that is reflected by this tax cut and their families? Or are you going to somely rewarded for our work—and yet bill that my colleagues want to bring insist on somewhere in the neighbor- are unable to raise the minimum wage to the floor, and I have looked at who hood of $100 billion of yet more tax for the lowest paid workers. gets the benefits. So I guess I should breaks for economic interests so there Second, in Minnesota there is a not be surprised that now what we have is even less for children, even less for stereotype that it is teenagers working is this all-out vigorous opposition to education, and even less for affordable part-time who receive the minimum raising the minimum wage from $5.15 prescription drug costs? wage. The fact is, many more people to $6.15 and to $6.65 unless there is cor- I am telling you, my colleagues like are paid the minimum wage. At the porate welfare, unless we do well by all to say in the Republican majority that moment—and we will see what happens these large economic interests, unless some of these comments are class war- with the economy, some employers are we get yet more tax breaks for them. fare. And I just have to smile because paying higher wages—many people are It is really pretty simple to figure if there ever were an example of ‘‘class working minimum wage, a dispropor- out. When I was a political science pro- warfare’’, if that is what you want to tionate number of them women. I fessor, was it Harold Lasswell’s defini- call it, it would be a U.S. Senate that think it is a matter of elementary jus- tion that politics is all about who gets is so generous to itself in giving our- tice for women and other working poor what, when, why? That is what this selves big increases in a big salary and people to raise the minimum wage. question is about: Who gets what, Finally, it takes some real chutzpah are unwilling to raise the minimum when, and why? wage for poor working people in our on the part of my colleagues, the Re- As I would put it as a Senator from States and in our country. publican leadership, to say the only Minnesota: Who decides and who bene- way you are going to get a minimum fits and who is asked to sacrifice? Who I yield the floor. wage bill through, which speaks to peo- decides to keep the minimum wage so ple who are working 52 weeks a year low that there are so many people who f and are still poor in America, is to add are poor still today in America? in all kinds of corporate welfare and If you are working hard, and, as some TRIBUTE TO CRAIG M. SOMERS breaks for large businesses. of my colleagues have said, playing by Mr. LOTT. Mr. President, I rise today Democratic Senators, that is the deal the rules of the game, then you to pay tribute to the outstanding ac- you have to accept. We are going to shouldn’t be poor in America. You complishments of Craig Somers bleed the revenue base with these should be able to support your family. throughout his 32-year career with the Robin-Hood-in-reverse tax cuts that Who decides to keep the minimum U.S. Senate. I, along with my col- the majority party is trying to push wage down? Who decides that instead leagues, congratulate Craig on his re- through the Senate this week or next now we have to load on all kinds of cor- tirement from the Sergeant At Arms week, with over 40 percent of the bene- porate welfare and all kinds of addi- Office. fits going to the top 1 percent, and a tional tax breaks for large economic pittance, if that, for children, for edu- interests in the country? His Senate career began in August of cation. Whatever happened to our com- I think people in the country are 1962, as a part-time employee and Sen- mitment for affordable prescription going to focus on this debate. I look ate page. In 1969, he became employed drug costs for elderly people? Now, ac- forward to joining Senator KENNEDY full-time with the Printing, Graphics & cording to this piece, the strategy is to and other Senators. Direct Mail Department, then know as load onto a minimum wage bill more I remember a number of years ago the Service Department, where he ac- corporate welfare and more breaks for when we first started this debate. I am quired many varied skills, including large financial interests and economic a proud original cosponsor of this legis- his initial position as an Addresso- interests in the country. lation. I don’t think any of the argu- graph Operator. Craig worked his way I think it is transparent. I look for- ments that have been made about how, up to his current position as the Night ward to the debate. Not that long ago— if we raise the minimum wage, we Supervisor of the Lithographics De- it seems like just yesterday—we had would see a decline in jobs that turned partment. several weeks’ worth of debate about out to be true. The last time we had a All of us in the Senate thank Craig campaign finance reform. There were a raise in the minimum wage—it was for his tireless efforts with our printing variety of different arguments made. I very modest—we had colleagues in the needs and processing of our constituent suggest that our failure to raise the Chamber talking about how people mail. His work has helped us keep in minimum wage is all about the need were going to lose their jobs. It didn’t touch with those we represent. for campaign finance reform. These happen. I would be willing to say that Craig, we congratulate you and wish working poor people, men and women if there is a point at which you raise you well in your retirement. May 14, 2001 CONGRESSIONAL RECORD — SENATE S4883 NOMINATION OF OTTO REICH I am afraid that Reich will cling more bia and the emphasis in the Andean re- Mr. KENNEDY. Mr. President, on closely to the Reagan model than that of the gion, commonly called the ‘‘source former Bush administration. There is plenty April 29, the Los Angeles Times printed zone’’, continued interdiction efforts in of evidence to suggest that this will be so. the transit zone are an important part a thoughtful op-ed article by former His involvement in the Office of Public Di- Costa Rican President Oscar Arias that plomacy until 1986 demonstrated his alle- of our overall ‘‘defense-in- depth’’ plan. raises troubling questions about Presi- giance to the Reagan administration’s I have noted for some time, however, dent Bush’s nominee to serve as Assist- hawkish policies toward Central America. that our defense in depth seems more ant Secretary of State for Western The purpose of his office was none other than like a defense in doubt. I want to be Hemisphere Affairs, Otto Reich. to get the American people to side with war confident that the United States has a President Arias discusses the impor- over peace, using propaganda methods deter- well-thought out, overarching national mined to be ‘‘improper.’’ drug control strategy, involving all tant role played by the Assistant Sec- Reich’s support of militarism did not end retary, and questions Otto Reich’s suit- components of both supply and demand with the wars in Central America. According reduction, including eradication and ability for this position, in light of his to news reports, he has made his living in re- record as head of the State Depart- cent years as a lobbyist and consultant rep- fumigation, alternate development, ment’s Office of Public Diplomacy, his resenting corporate interests in Washington, trade incentives, interdiction, preven- support of President Reagan’s policies among which is the arms manufacturer tion, treatment, and education. I am toward Central America, his involve- Lockheed Martin. Reich apparently helped very pleased the President is ready to ment in lifting the ban on the sale of Lockheed overcome the executive ban on the appoint the new Director of the Office sale of advanced weaponry to Latin America. of National Drug Control Policy, advanced weapons to Latin America, As a result, the company is poised to sell a and his views on U.S. policy toward ONDCP, to assist with reviewing our dozen of its F–16 fighter jets with advanced plans, programs, and strategy. But I Cuba. missile technology to Chile. I urge my colleagues to read the arti- Ever since the ban was lifted in 1997, I have am concerned that we lack coherent cle. The significant concerns raised by been active, along with former President thinking on our interdiction efforts. I this distinguished Nobel Peace Prize Jimmy Carter, in trying to convince Latin am concerned about rumblings from recipient must be carefully considered. American leaders to submit to a voluntary the Department of Defense, DOD, that I ask unanimous consent that the arti- moratorium on buying such weapons. If a it is going to duck and weave on sup- Latin American country goes shopping for cle by President Arias be printed in the porting such a plan. sophisticated weaponry, it will touch off the I desire our interdiction efforts to be RECORD. last thing this hemisphere needs—an arms There being no objection, the mate- integrated and balanced, both inter- race. In the face of continued poverty, illit- agency and internationally, as well as rial was ordered to be printed in the eracy, hunger and disease in so much of our RECORD, as follows: region, investing in unnecessary military between the source zone, transit zone, and arrival zones. We need balance, [FROM THE LOS ANGELES TIMES, APRIL 29, technology is an act of grave irrespon- 2001] sibility. That Reich has been an accomplice within the transit zone, between the A NOMINEE WHO STANDS FOR WAR to this deal makes me feel very uneasy about Caribbean and the Eastern Pacific, as (By Oscar Arias) what ends will be served by his potential well as balance with in the eastern, leadership in our hemisphere. central, and western portions of the Given the importance of the role of the One last example will illustrate the poor U.S. assistant secretary of State for Western Caribbean itself. We need to have ade- fit that Reich would be for the interests of quate intelligence community and DOD Hemisphere affairs, many of us in Latin hemispheric cooperation: his unwavering America are surprised and disappointed by support for the long-running and unproduc- support for both the source zone and George W. Bush’s nomination of Otto J. tive embargo against Cuba. I believe many the transit zone. We need to be bal- Reich for this post. Reich headed the Office American farmers and businessmen are anced between our air and maritime of Public Diplomacy, which was closed down aware that U.S. economic warfare against interdiction efforts. We need to be by Congress in the wake of the Iran-Contra Cuba harms broader U.S. interests, while at equally dynamic and risk adverse as scandal because it had, to quote official in- the same time injuring the people, but not vestigations, ‘‘engaged in prohibited covert the smuggling organizations are, when the government, of Cuba. route and conveyance shifts are de- propaganda activities designed to influence To those who think it unbecoming for a the media and the public.’’ foreigner to comment on the appointment of tected. Our counterdrug forces on pa- More than almost any other U.S. diplomat, a U.S. official, I would say that although the trol should also be aware of the ter- the person in this post will have the power to assistant secretary of State for Western rorism threats that are increasing fo- shape the relationship between the United Hemisphere affairs will make little dif- cused against our country. It is not States and Latin America for better or ference in the lives of ordinary people in the clear to me that we currently have worse. Virtually everything that the U.S. United States, he could have a profound ef- needs to do with Latin America, from estab- these things I have outlined. fect on the lives of Latin Americans. The Senate Drug Caucus is planning lishing a free-trade area to dealing with drug There is so much work to be done in our policy and immigration, will require a bipar- an upcoming hearing on the Transit part of the world over the next four years, zone on May 15, 2001 to discuss the tisan approach. Appointing someone of and enough inherent problems and strains in Reich’s ideological stripe and experience the relationship between the United States broader questions of ‘‘What is our tran- would be a real setback in hemispheric co- and Latin America, that we will be assuring sit zone strategy?’’ and ‘‘Do we have a operation. ourselves of getting nowhere if we give in to balanced approach in the transit I offer my experience as president of Costa hard-line ideology over flexibility and bipar- zone?’’ I hope for a discussion on the Rica as testament to the importance of com- tisanship. On behalf of Latin Americans, I promise on hard-line policies. With my re- current threat, agency capabilities, hope that the administration of George W. gion torn by civil wars in Nicaragua, El Sal- current shortcomings, the relationship Bush can find another candidate for this vador and Guatemala, I proposed a peace with the source zone and Plan Colom- job—one capable of building trust and earn- plan whose essence was democracy as a pre- bia, the projected future threat, any ing respect from all the leaders of this hemi- condition for lasting peace. The plan was sphere. needed improvements, interagency and signed by five Central American presidents international relationships, and DOD in August 1987, but President Ronald Reagan (Oscar Arias Was President of Costa Rica From 1986–1990 and Winner of the Nobel and intelligence community support to refused to support it. He would settle for our transit zone operations. I am espe- nothing less than military victory over the Peace Prize in 1987.) Sandinistas in Nicaragua. It was not until f cially concerned about reports of aging George Bush became president in 1988 that aircraft and vessels in the both the the United States backed off its dogged sup- TRANSIT ZONE STRATEGY Customs Service and Coast Guard fleet port for war and let the Central American Mr. GRASSLEY. Mr. President, as inventories. I am also particular inter- leaders give diplomacy a chance. It was Bush Chairman of the Senate Caucus on ested in the countries of Haiti, Ja- the elder and his foreign-policy staff, includ- International Narcotics Control, I want maica, Cuba, Venezuela, Mexico, and ing Secretary of State James A. Baker and to draw attention to our interdiction the Bahamas, as well as the Common- Bernie Aronson, then-assistant secretary of efforts throughout the Caribbean and wealth of Puerto Rico. Success in the State for inter-American affairs, who changed U.S. policy from one of undermining Eastern Pacific, commonly referred to transit zone is so critical for both the our efforts to strongly supporting them, and as the ‘‘transit zone.’’ United States as well as the many thus contributed greatly to a peaceful solu- Although Plan Colombia is our pri- countries throughout the Caribbean, tion to the Central American conflicts. mary counterdrug operation in Colom- who are so dependent on trade and S4884 CONGRESSIONAL RECORD — SENATE May 14, 2001 tourism, and who struggle to avoid the grounds that live lambs are ‘‘directly the very existence of many small busi- dark influences of the narcotics threat. competitive with,’’ as opposed to nesses, and when American small busi- I want to be sure we are doing our ‘‘like,’’ lamb meat. nesses go under, our economy is transit zone missions effectively and The WTO will lose all credibility if harmed as new products are not devel- competently. I appreciate the difficult growers of agricultural products are oped, produced, or sold, and employers task of foreign investigations and disqualified from petitioning for relief cannot retain employees or hire new interdiction, and appreciate the daily when massive imports of food products ones. efforts of the Customs Service, Coast create oversupplies and cause domestic Small businesses, those with 25 or Guard, Drug Enforcement Administra- price levels to plummet. Thousands of fewer full-time employees, employ al- tion, Department of Defense, Depart- families in my home state have a long most 60 percent of the American work- ment of State, and our international history of sheep ranching. Sheep ranch- force. Because the majority of small allies. The mission is an important one ers and farmers are the very heart of business owners earn less than $50,000 a and deserves our serious attention and the U.S. industry producing lamb year, they often lack the resources to sustained effort. meat, and the WTO needs to recognize fight unfair lawsuits which could put f such basic economic realities. them out of business. When faced with Predictably, the government of Aus- such a lawsuit, many of these entre- WTO APPELLATE BODY DECISION tralia and New Zealand, which brought preneurs must either risk a lengthy Mr. BAUCUS. Mr. President, two the WTO appeal, have already called battle in court, in which they may be weeks ago, the World Trade Organiza- for the United States to immediately subjected to large damage awards, or tion’s Appellate Body issued a decision terminate the U.S. import relief pro- settle the dispute out of court for a sig- affirming a Dispute Settlement Panel gram in response to the Appellate nificant amount even though they did opinion from last December that ruled Body’s decision. As bad as the Appel- not cause the harm in the first place. that the United States’ imposition in late Body’s decision is, I believe that it Either way, our current system jeop- July 1999 of restrictions on imports of is clear that it does not require termi- ardizes the livelihood and futures of lamb meat under Section 201 of the nation of the United States’ import re- small business owners and their em- Trade Act of 1974 was inconsistent with lief program for the lamb industry. I ployees. our obligations under the WTO’s Agree- am today calling on U.S. Trade Rep- The Small Business Liability Reform ment on Safeguards. The December resentative Robert Zoellick to reject Act remedies these ills with three com- Panel decision was so obviously wrong Australia and New Zealand’s demands mon-sense solutions, all of which pro- in virtually every respect that one and instead invoke the procedure pre- tect our nation’s entrepreneurs from would have expected the Appellate scribed by Section 129 of the Uruguay unfair lawsuits and excessive damage Body to reverse the panel and recog- Round Agreements Act. Ambassador awards. First, it would award punitive nize the U.S. International Trade Com- Zoellick should promptly request the damages against small business only mission’s decision for the well-rea- ITC to provide him with an advisory upon clear and convincing evidence, soned and balanced determination that report on whether it believes that its rather than upon a simple preponder- it was. Instead, the Appellate Body has original decision can be brought into ance of evidence, and would set reason- once again taken it upon itself to sub- compliance with the Appellate Body’s able limits, three times the total of all stitute its judgment for the ITC’s. This decision. If that advice is affirmative, I damages or $250,000, whichever is less, is a continuation of a troubling trend, hope and expect that Ambassador on the amount of punitive damages in which WTO dispute settlement pan- Zoellick will take the further pre- that can be awarded. els and the Appellate Body fail to give scribed step of asking the ITC to issue Second, our bill would restore basic adequate deference to expert adminis- a revised determination in conformity fairness to the law by eliminating joint trative bodies that have carefully re- with the Appellate Body’s decision. and several liability for small busi- viewed the facts. This kind of decision The period of relief originally pro- nesses for non-economic damages, such risks eroding U.S. support for the claimed by President Clinton is sched- as pain and suffering, so a small de- WTO’s dispute settlement procedures. uled to run through July of next year, fendant is not forced to pay for harm While there is a lot not to like in the and I am confident that the ITC will be he did not cause. Under the current Appellate Body’s decision, I am par- able to revise its original determina- joint and several liability, small busi- ticularly outraged by the Appellate tion so that this badly needed relief nesses, when found liable with other Body’s conclusion that the ITC erred in can run its course. In the meantime, I defendants, may be forced to pay a dis- concluding that lamb farmers, ranch- call upon President Bush—whose own proportionate amount of the damages ers, and commercial feeders are prop- home state is the United States’ larg- if they are found to have ‘‘deep pock- erly part of the domestic industry for est producer of lamb—to direct USDA ets’’ relative to the other responsible purposes of determining injury and and other agencies to redouble their ef- parties. For example, a small business threat of injury. The Appellate Body forts to see that the industry gets the who was found responsible for only 10 concluded that growers and feeders full measure of assistance that it was percent of the harm may have to pay produce a product—live lambs—that promised as part of the import relief half, two-thirds, or even all of the dam- cannot strictly be considered ‘‘like’’ package. ages if his co-defendants cannot pay. lamb meat within the meaning of the f Again, without altering a small WTO Safeguards Agreement, and by business’s joint and several liability for implication, under Section 201 of the THE SMALL BUSINESS LIABILITY economic damages, such as medical ex- Trade Act of 1974; according to the Ap- REFORM ACT penses, the Small Business Liability pellate Body, only packers and proc- Mr. MCCONNELL. Mr. President, last Reform Act provides that small busi- essors produce a ‘‘like’’ product. Had Thursday, Senator LIEBERMAN and I in- nesses are responsible for only the por- this been an antidumping or counter- troduced S. 865, the ‘‘Small Business tion of the non-economics damages vailing duty decision, such a conclu- Liability Reform Act,’’ which aims to they caused. Thus, the bill partially re- sion would have precluded lamb grow- restore common sense to the way our lieves a situation where a small busi- ers and feeders from petitioning for re- civil litigation system treats small ness is left holding the bag with re- lief along with packers and proc- businesses. In our legal system, small spect to injuries it did not inflict. essors—a notion that I find intolerable. businesses, which form the backbone of Third and finally, our bill addresses Fortunately, Section 201 and the Safe- America’s economy, are often forced to some of the iniquities facing non-man- guards Agreement give standing to pro- defend themselves in court for actions ufacturing product sellers. Currently, a ducers of both ‘‘like’’ and ‘‘directly that they did not commit and to pay person who had nothing to do with a competitive’’ products, and the Appel- damages to remedy harms they did not defective and harmful product other late Body’s opinion appears to leave cause. These businesses also frequently than selling it can be sued along with open the possibility that lamb growers find themselves faced with extraor- the manufacturer. Under the reforms and feeders could properly be counted dinarily high punitive damages awards. in the Small Business Liability Reform as part of the domestic industry on the These unfortunate realities threaten Act, a product seller can only be held May 14, 2001 CONGRESSIONAL RECORD — SENATE S4885 liable for harms caused by his own neg- tem and reduce unnecessary litigation and ability cases when their own wrongful con- ligence, intentional wrongdoing, or legal costs. We also believe that it protects duct is responsible for the harm and thus re- breach of his own warranty. the rights of those with legitimate claims. duce the exposure of innocent product sell- This bill provides much needed pro- We thank you again for your support of these ers, lessors and renters to lawsuits when common sense reforms and look forward to tection and relief to both small busi- they are simply present in a product’s chain working with you to ensure the success of of distribution or solely due to product own- ness owners and consumers. By making this important legislation. ership. Should the manufacturer be judg- our legal system reasonable and fair to American Automotive Leasing Associa- ment-proof the product seller would be re- small businesses, we will remove one of tion, American Care Rental Associa- sponsible for any damage award, ensuring the greatest barriers to the market, tion, American Consulting Engineers, that deserving claimants recover fully for the threat of crippling, excessive law- Council, American Insurance Associa- their injuries. suits, that prevent entrepreneurs from tion, American Machine Tool Distribu- In the end, we believe that enactment of starting a small business. That means tors Association, Associated Builders the Small Business Liability Reform Act and Contractors, Associated Equip- increased competition, better goods, will inject more fairness into the legal sys- ment Distributors, Automotive Parts tem and reduce unnecessary litigation and and more jobs at a time when the and Service Alliance, American Rental legal costs. We also believe that it protects health of America’s economy and job Association, Coalition for Uniform the rights of those with legitimate claims. market appear uncertain. And by in- Product Liability Law, Citizens for We thank you again for your support of these jecting common sense into these laws, Civil Justice Reform, Equipment Leas- common sense reforms and look forward to we will remove the excessive litigation ing Association, Independent Insurance working with you to ensure the success of costs that drive up the cost of goods Agents of America, International Mass this important legislation. and services for all Americans. The Retail Association, International Sincerely, Housewares Association, Motorcycle Small Business Liability Reform Act is DAN DANNER, Industry Council, National Association Senior Vice President, a win for America’s entrepreneurs, con- of Convenience Stores, National Asso- Federal Public Policy. sumers, and workers, and it is my hope ciation of Manufacturers, National As- f that the Senate will enact this bi-par- sociation of Plumbing-Heating-Cooling tisan bill. Finally, I would ask unani- Contractors, National Association of LOCAL LAW ENFORCEMENT ACT mous consent that letters in support of Wholesaler-Distributors, National Fed- OF 2001 this bill from the National Federation eration of Independent Business, Na- Mr. SMITH of Oregon. Mr. President, of Independent Business and the Small tional Grocers Association, National Restaurant Association, National Re- I rise today to speak about hate crimes Business Legal Reform Coalition be tail Federation, National Small Busi- legislation I introduced with Senator placed in the RECORD. ness United, NPES—Association for KENNEDY last month. The Local Law SMALL BUSINESS Suppliers of Printing, Publishing & LEGAL REFORM COALITION, Enforcement Act of 2001 would add new Converting Technologies, Painting and categories to current hate crimes legis- May 10, 2001. Decorating Contractors of America, Hon. MITCH MCCONNELL, Plumbing-heating-Cooling Contrac- lation sending a signal that violence of U.S. Senate, tors—National Association, Small any kind is unacceptable in our soci- Washington, DC. Business Legislative Council, Society ety. DEAR SENATOR MCCONNELL: On behalf of of Independent Gasoline Marketers of I would like to detail a heinous crime the Small Business Legal Reform Coalition, America, Specialty Equipment Market that occurred November 6, 1998 in Se- we are writing to applaud your sponsorship Association, Steel Service Center Insti- attle, Washington. A gay man was se- of the Small Business Liability Reform Act tute, Trunk Renting and Leasing Asso- of 2001 and express our strong support for its verely beaten with rocks and broken ciation, and U.S. Chamber of Com- bottles in his neighborhood by a gang passage. We commend you for your efforts to merce. restore common sense to our civil justice of youths shouting ‘‘faggot.’’ The vic- system—one that takes a particularly heavy NATIONAL FEDERATION OF tim sustained a broken nose and swol- toll on the smallest of America’s businesses. INDEPENDENT BUSINESS, len jaw. When he reported the incident The frequency and high cost of litigation is Washington DC, May 11, 2001. to police two days later, the officer re- a matter of growing concern to small busi- Hon. MITCH MCCONNELL, fused to take the report. nesses across the country. Today’s civil jus- U.S. Senate, tice system presents a significant disincen- I believe that government’s first duty Washington, DC. is to defend its citizens, to defend them tive to business start-ups and continued op- DEAR SENATOR MCCONNELL: On behalf of erations. If sued, business owners know they the 600,000 members of the National Federa- against the harms that come out of have to choose between a long and costly tion of Independent Business (NFIB), I would hate. The Local Law Enforcement En- trial or an expensive settlement. Business like to thank you for your sponsorship of the hancement Act of 2001 is now a symbol owners across the nation risk losing their Small Business Liability Reform Act of 2001 that can become substance. I believe livelihood, their employees and their future and express our strong support for its pas- that by passing this legislation, we can every time they are confronted with an un- sage. I commend you for your efforts to re- change hearts and minds as well. necessary lawsuit. store common sense to our civil justice sys- This legislation would make two reforms tem—one that takes a particularly heavy f that have topped the small business commu- toll on the smallest of America’s businesses. nity’s agenda for years: cap punitive dam- The frequency and high cost of litigation is CONFIRMATION OF LARRY D. ages and abolish joint liability for non-eco- a matter of growing concern to small busi- THOMPSON nomic damages for those with fewer than 25 nesses across the country. Today’s civil jus- Mr. MILLER. Mr. President, I am so employees. These reforms have been among tice system presents a significant disincen- pleased that the Senate Judiciary Com- the recommendations of the White House tive to business start-ups and continued op- Conference on Small Business since the early erations. If sued, business owners know they mittee has voted unanimously to con- 1980s—and the time has come to protect the have to choose between a long and costly firm Larry D. Thompson as Deputy At- smallest of small businesses from excessive trial or an expensive settlement. Business torney General and that the full Sen- damage awards and frivolous suits. owners across the nation risk losing their ate also has given its unanimous ap- This bill would also hold non-manufac- livelihood, their employees and their future proval to this excellent nominee. turing product sellers liable in product li- every time they are confronted with an un- I was honored to be able to present ability cases when their own wrongful con- necessary lawsuit. Mr. Thompson to the Senate Judiciary duct is responsible for the harm and thus re- This legislation would make two reforms duce the exposure of innocent product sell- that have topped the small business commu- Committee, and I congratulate my ers, lessors and renters to lawsuits when nity’s agenda for years: cap punitive dam- longtime friend and fellow Georgian on they are simply present in a product’s chain ages and abolish joint liability for non-eco- his confirmation. of distribution or solely due to product own- nomic damages for those with fewer than 25 I cannot say it more clearly than ership. Should the manufacturer be judg- employees. These reforms have been among this: President Bush could not have ment-proof, the product seller would be re- the recommendations of the White House made a better choice in nominating sponsible for any damage award, ensuring Conference on Small Business since the early Larry Thompson as Deputy Attorney that deserving claimants recover fully for 1980s—and the time has come to protect the General of the United States. their injuries. smallest of small businesses from excessive In the end, we believe that enactment of damage awards and frivolous suits. I have had the pleasure to know the Small Business Liability Reform Act This bill would also hold non-manufac- Larry Thompson for several years. He will inject more fairness into the legal sys- turing product sellers liable in product li- is the consummate professional: quiet S4886 CONGRESSIONAL RECORD — SENATE May 14, 2001 yet strong, a legal scholar who exer- the Federal debt stood at He is survived by a daughter, Debo- cises enormous common sense, a man $5,637,839,303,470.87, Five trillion, six rah Harms; a son, David; a sister, Lydia who will put principle ahead of politics hundred thirty-seven billion, eight Showalter; and three brothers, Henry, every time. He is a man of great sub- hundred thirty-nine million, three hun- Phillip, and Alfred.∑ stance and little ego. He is not one to dred three thousand, four hundred sev- f grandstand or grab headlines. enty dollars and eighty-seven cents. Mr. Thompson brings to the Depart- One year ago, May 11, 2000, the Fed- IN MEMORY OF EDMUND DELANEY ment of Justice a solid record of expe- eral debt stood at $5,666,075,000,000, Five ∑ Mr. DODD. Mr. President, I rise rience. He has built a reputation as a trillion, six hundred sixty-six billion, today to pay tribute to the late Ed- tough prosecutor, an adept litigator, a seventy-five million. mund T. Delaney, an accomplished law- respected scholar and a skilled man- Twenty-five years ago, May 11, 1976, yer, lecturer, historian and author, and ager. the Federal debt stood at a man that I felt privileged to consider More importantly than that, Mr. $599,704,000,000, Five hundred ninety- a friend. Thompson comes with no agenda. He nine billion, seven hundred four mil- Ed Delaney graduated from Prince- will base every decision on what is lion, which reflects a debt increase of ton University in 1933 and Harvard Law right, not what is popular or politically more than $5 trillion, School in 1936. He was a gifted attorney expedient. He will bring to the Justice $5,038,135,303,470.87, Five trillion, thir- who practiced law for over 40 years in Department the same wisdom, the ty-eight billion, one hundred thirty- New York and Connecticut. He was a same thoughtfulness, and the same five million, three hundred three thou- partner in the New London and Essex steady demeanor upon which he has sand, four hundred seventy dollars and firm of Copp, Koletsky and Berall. Ed built his stellar career. eighty-seven cents during the past 25 was a member of the Association of the In short, Larry Thompson is a man of years. Bar of the City of New York where he impeccable credentials who will serve f served as Chairman of the Committees the Department of Justice and this na- on Corporate Law, Law and Medicine, tion very well. TRIBUTE TO JOHN WINTERHOLLER and Art. During his career, he special- ∑ f Mr. BURNS. Mr. President, although ized in investment company law, serv- little noticed, a native son of Montana ing for 39 years as a director of the NATIONAL POLICE WEEK passed away at his home in Lafayette, Oppenheimer Funds. Mrs. CARNAHAN. Mr. President, I CA. Ed Delaney was also extremely ac- am proud to take this opportunity to John Winterholler, a three-sport Hall tive in civic and community affairs recognize National Police Week 2001 of Famer at the University of Wyoming throughout his professional life, mak- and the immeasurable contributions of was a survivor of the Bataan death ing numerous contributions to his com- our nation’s law enforcement officers. march. munity and to the State of Con- In both urban and rural communities, Winterholler was among the inau- necticut. He dedicated himself to pro- these men and women touch the lives gural class inducted into the Univer- tecting the region’s rich cultural his- of all those around them. Today, I urge sity of Wyoming Athletics Hall of tory and natural beauty. The preserva- all Americans to join together in com- Fame in 1993. He lettered in baseball, tion of the Connecticut River and the memorating the tremendous service basketball, and football from 1936–1939. Connecticut River Valley was just one and sacrifice of our nation’s law en- Upon graduation in 1940, he accepted of the causes that he championed forcement officers. a commission as a lieutenant in the through his extensive writings. Ed was We have made great strides since the United States Marine Corps rather a former president of both the Chester 1970s, when we lost approximately 220 than play professional baseball. Historical Society and the Chester Ro- officers every year through the decade. Winterholler served with the 4th Ma- tary Club, a trustee of the Connecticut That figure decreased dramatically in rine Regiment on Bataan and Cor- Watershed Council, and a member of the 1990s to 155 fallen officers each regidor in the Philippines and suffered the Connecticut Historical Commission year. Yet, each one of these lives is one brutal treatment as a Japanese pris- in Hartford. He was also a trustee of too many. And it is with great sorrow oner during World War II. the Connecticut River Museum in that I note that Missouri leads the na- During captivity, he experienced se- Essex and he was active in the Rockfall tion in losing nine law enforcement of- vere weight loss and was paralyzed Foundation in Middletown. ficers in the past eleven months. We from the waist down and near death Long interested in historic preserva- may take comfort only in recognizing from malnutrition. He was confined to tion and conservation, he was a mem- and honoring the ultimate sacrifice a wheelchair the rest of his life. ber of the historical societies of Deep that each of these individuals has made He earned two battlefield decora- River, Essex, and Lyme, of the An- to their community, to their State, tions, the Silver Star and the Bronze tiques and Landmarks Society, and of and to their Nation. We owe these offi- Star with ‘‘V’’ for valor before Cor- the National and Connecticut Preser- cers and their family an unending debt regidor fell, and he subsequently re- vation Trusts and Nature Conser- of gratitude. They will always be re- ceived the Purple Heart and 26 other vancies. He was also involved in Ches- membered. medals and awards for his service in ter town affairs as a chairman of the The efforts of police officers and the United States Marine Corps. He re- Conservation Commission as a member chiefs, sheriffs, and highway patrol are tired with the rank of colonel. of the town retirement board, and as a largely responsible for the seven per- Although he was born in Billings, Justice of the Peace. In addition, he cent decrease in crime rates over most MT, he grew up just over the 45th par- also served on the Middlesex County of the last decade. In return for their allel which is known as the Montana/ Revitalization Commission. His con- valiant courage in protecting our Wyoming State line. It was there in tributions to future generations and to streets, our homes, and our families, Lovell, WY, where he met his future the state of Connecticut were truly re- we must strive to find measures that wife, Dessa. They both attended the markable. will better protect our law enforcement University of Wyoming and were mar- Long before he demonstrated his pro- officers. I will join my fellow Senators ried in 1945 in his hospital room at digious appetite for community and in looking for ways to ensure that suf- Mare Island Naval Base in Vallejo, CA, civic engagement, Ed Delaney amassed ficient safeguards are in place. In the shortly after his release from the Japa- a distinguished record of military serv- meantime, I take this opportunity to nese prison camp. ice. After serving in the Squadron A express my gratitude to these men and He is just another American who has Cavalry of the New York National women and their families. God bless given so much for this country and all Guard, he went on active duty in the these heroes among us. it stands for. An American that be- field artillery in 1940, graduating from f lieved in the future of this country so the Field Artillery School at Fort Sill, deeply that he gave all that was asked OK, and serving as battery commander THE VERY BAD DEBT BOXSCORE in her defense. I, like many, give in the 105th Field Artillery. In 1941, he Mr. HELMS. Mr. President, at the thanks every day for what they sac- was transferred to the Military Intel- close of business Friday, May 11, 2001, rificed and their dedication. ligence Service as part of the general May 14, 2001 CONGRESSIONAL RECORD — SENATE S4887 staff in Washington, where he became a important occasion for the Allenhurst Prior to becoming the Commanding lieutenant colonel and chief on the Fire Department, its 100th anniversary. General and the Superintendent of the Western European Branch and French For the past century, a commendable United States Military Academy, Gen- Specialist in the War Department. He number of dedicated volunteer fire- eral Christman served as Assistant to accompanied the Assistant Secretary fighters have risked their lives and sac- the Chairman of the Joint Chiefs of of War, John J. MacEloy, on a special rificed their spare time to protect the Staff (JCS) where he supported Sec- mission to North Africa in 1943. In 1945, lives and property of the people of retary of State Warren Christopher as he became Acting Counsel to the Allenhurst. Therefore, it is with great a member of the Middle East Peace Ne- Army-Navy Liquidation Commission in pleasure that I bring these individuals gotiating Team and in arms control ne- Paris. He received three War depart- from the great State of New Jersey to gotiations with the Russian Federa- ment citations, the Army Commenda- your attention. tion. In addition, he has served as Di- tion Ribbon, and the French Medaille Volunteer firefighters are the great rector of Strategy, Plans and Policy in de la Reconnaissance Francaise. unsung heros of everyday life and we Department of Army Headquarters, Edmund Delaney was a remarkable often take their diligent efforts for Washington, D.C. His duties in this as- man in a great many respects. He was granted. When the fire alarm sounds, signment focused on negotiations re- a distinguished member of the armed these devoted individuals put their lating to the Conventional Forces in services, a successful attorney, and an lives on hold and respond, whether it Europe, CFE, arms control talks be- energetic leader in a variety of organi- be a call for assistance or a full-fledged tween NATO and the Warsaw Pact. In zations devoted to advancing the public fire, they are on the scene and pre- the course of supporting these negotia- good. He brought to all of his endeav- pared. Let us not forget that fire- tions on behalf of the Chief of Staff of ors an unusual depth of insight, com- fighters routinely put themselves in the Army and the Chairman, JCS, Gen- passion and understanding. He was harm’s way to protect us. This dedica- eral Christman briefed President dedicated to his family, his friends, his tion to their community is worthy of George H.W. Bush and traveled to Eu- community, and not least, his country. only the highest praise. rope to brief allied heads of state and He was a fine and patriotic man. And At a time in our Nation when things the NATO Secretary General. he was someone whom I respected and are in a constant state of change, it is During the course of his career, Gen- whose ideas I admired. truly refreshing to honor a selfless and eral Christman’s illustrious service to My heartfelt sympathies go out to noble enterprise that has endured for this country can be exemplified by the his wife Barbara, to his children and an entire century. It is appropriate to honor and decorations he has received, grandchildren, and to his other sur- applaud both the longevity of the from the Defense Distinguished Service viving family members. He will be Allenhurst Fire Department and the Medal (two awards), Distinguished missed greatly by them, and many oth- charitable acts of courage that have Service Medal, two awards, Defense Su- ers. But there is some comfort in fueled it. I am proud to wish them a perior Service Medal, Legion of Merit, knowing that his good deeds have made very happy 100th anniversary and con- two awards, Bronze Star Medal, two a lasting impact on the lives of those tinued success for many more years to awards, Meritorious Service Medal, two he left behind.∑ come.∑ awards and the Air Medal, three f f awards. General Daniel William Christman LIEUTENANT GENERAL DANIEL TRIBUTE TO CRAIG BENSON has exemplified the impeccable integ- WILLIAM CHRISTMAN ∑ Mr. SMITH of New Hampshire. Mr. rity, honor, and character that the President, I rise today to pay tribute ∑ Mr. SANTORUM. Mr. President, I American people have come to expect to Craig Benson of Rye, NH, for being rise today to recognize the outstanding from the professional Army. As a mem- honored as a significant contributor to national service of Lieutenant General ber of the U.S. Military Academy New Hampshire’s growth and develop- Daniel William Christman. On June 30, Board of Visitors, I have valued and ap- ment. 2001, General Christman will retire preciated General Christman’s insight, Craig co-founded Cabletron Systems, upon completion of a highly successful leadership and commitment to our Inc. in 1983, expanding the computer five-year assignment as the 55th Super- United States Army. General networking company into a $1.5 billion intendent of the United States Military Christman’s service to this nation dem- corporation employing more than 6,000 Academy in West Point, New York. onstrates the highest standards and people in 110 offices throughout the The Military Academy that General proud traditions of the United States world. He was the recipient of the ‘‘Na- Christman leaves this June is notice- military. As he moves forward in his tional Entrepreneur of the Year’’ ably improved due to his commitment life, I wish General Christman and his award by Inc. Magazine in 1991, and was to high standards in military, aca- family continued success and happiness included among the 10 most powerful demic, physical and morale develop- in all his future endeavors.∑ ment for the cadets. people in New Hampshire in the 1990’s f by Business NH Magazine. It is only fitting that his final post Craig Benson has been a good neigh- would be at West Point as, in 1965, Dan- IN MEMORY OF ANTOINETTE F. bor to the citizens of New Hampshire, iel Christman graduated first in his DOWNING gifting a $100 million grant of net- class thereby beginning 36 years of il- ∑ Mr. REED. Mr. President, I rise working equipment to inner city and lustrious service both in peace and in today to pay tribute to Mrs. Antoinette disadvantaged colleges and univer- war to the United States. Over the F. Downing. sities. He also serves on numerous course of his career, General Christman Mrs. Downing, acclaimed architec- boards of directors and on the Board of has served as the nineteenth U.S. Rep- tural historian and founding member of Trustees at Babson College. resentative to the NATO Military Com- the Providence Preservation Society, Craig Benson has served the people of mittee in Brussels, Belgium, 1993–94; passed away on Wednesday morning, the Granite State with dedication and Commanding General, U.S. Army Engi- May 9, 2001 at the age of 96. generosity. His contributions to the neer Center and Fort Leonard Wood During her extraordinary lifetime, economic and charitable communities and Commandant, U.S. Army Engineer Antoinette believed in the intrinsic of our state have been exemplary and I School, Fort Leonard Wood, Mo., 1991– value of historic buildings, a revolu- commend him for his efforts. It is an 93; Commander of the Savannah Dis- tionary idea that changed Providence honor and a privilege to serve him in trict, U.S. Army Corps of Engineers in and Rhode Island. Mrs. Downing began the U.S. Senate.∑ Savannah, Ga., 1984–86; Commander of her distinguished career as a scholar, f the 54th Engineer Battalion in researching and recording the State’s Wildflecken, Germany 1980–82; Com- historic structures. In 1937, her book 100TH ANNIVERSARY OF pany Commander in the 326th Engineer Early Homes of Rhode Island was pub- ALLENHURST FIRE DEPARTMENT Battalion, Hue, Vietnam, 1969–70; and lished, and remains the standard ref- ∑ Mr. CORZINE. Mr. President, the Company Commander, 2nd engineer erence on 17th, 18th, and early 19th cen- ninth of June marks an historic and Battalion, Changpo-Ri, Korea, 1966. tury building in the State. During the S4888 CONGRESSIONAL RECORD — SENATE May 14, 2001 1930s and 1940s, Mrs. Downing raised a EXECUTIVE AND OTHER Responsibility and Management Assistance family and taught school. In the late COMMUNICATIONS Authority, transmitting, pursuant to law, a report entitled ‘‘Health Care Privatization 1940s, she returned to the study of ar- The following communications were chitecture by assisting the newly Emergency Amendment Act of 2001’’ (on a laid before the Senate, together with temporary basis); to the Committee on Gov- founded Preservation Society of New- accompanying papers, reports, and doc- ernmental Affairs. port County with a program to docu- uments, which were referred as indi- EC–1798. A communication from the Chair- ment and bring attention to the mag- cated: man of the District of Columbia Financial Responsibility and Management Assistance nificent historic buildings in Newport. EC–1787. A communication from the Acting Authority, transmitting, pursuant to law, a The effort produced the publication of Deputy General Counsel for the Investment report entitled ‘‘Health Care Privatization The Architectural Heritage of Newport, Division of the Small Business Administra- Emergency Amendment Act of 2001’’ (on a Rhode Island, co-authored by Vincent tion, transmitting, pursuant to law, the re- permanent basis); to the Committee on Gov- port of a rule entitled ‘‘New Markets Ven- J. Scully, Jr., in 1952. ernmental Affairs. In the 1950s’, Mrs. Downing’s scholar- ture Capital Program’’ (RIN3245–AE40) re- EC–1799. A communication from the Chair- ship turned into activism in the Col- ceived on May 9, 2001; to the Committee on man of the District of Columbia Financial lege Hill neighborhood of her adopted Small Business. Responsibility and Management Assistance EC–1788. A communication from the Direc- Authority, transmitting, pursuant to law, a hometown of Providence, an area with tor of the Office of Regulations Management, many dilapidated and unappreciated report relative to Fiscal Impact Statement: Veterans Benefits Administration, Depart- ‘‘Health Care Privatization Emergency Act historic buildings threatened by plans ment of Veterans Affairs, transmitting, pur- for demolition. Mrs. Downing and other of 2001’’ (Revised); to the Committee on Gov- suant to law, the report of a rule entitled ernmental Affairs. residents, determined to maintain the ‘‘Disease Associated With Exposure to Cer- EC–1800. A communication from the Chair- character of this neighborhood, orga- tain Herbicide Agents: Type 2 Diabetes’’ man of the District of Columbia Financial nized the Providence Preservation So- (RIN2900–AK63) received on May 9, 2001; to Responsibility and Management Assistance ciety. A report, which she helped to re- the Committee on Veterans’ Affairs. Authority, transmitting, pursuant to law, EC–1789. A communication from the Acting the report of a resolution and order con- search and write, College Hill, A Dem- Executive Secretary, Agency for Inter- onstration Study of Historic Area Re- cerning the Public Benefit Corporation; to national Development, transmitting, pursu- the Committee on Governmental Affairs. newal (1959), became the blueprint for ant to law, the report of a nomination con- EC–1801. A communication from the Com- the neighborhood’s restoration and a firmed for the position of Administrator, mittee on the District of Columbia Financial national model for using historic pres- Agency for International Development; to Responsibility and Management Assistance ervation as a means of community re- the Committee on Foreign Relations. Authority, transmitting, pursuant to law, a newal. EC–1790. A communication from the Acting report relative to a resolution and order con- Through her hard work and convic- Assistant Secretary of Legislative Affairs, cerning the transition to a new health care Department of State, transmitting, pursuant system; to the Committee on Governmental tion, Mrs. Downing made historic pres- to law, a report concerning Cuba; to the ervation part of every life in Rhode Is- Affairs. Committee on Foreign Relations. EC–1802. A communication from the Acting land. Under her leadership, the Histor- EC–1791. A communication from the Prin- Assistant General Counsel of Regulations, ical Preservation and Heritage Com- cipal Deputy Associate Administrator of the Office of Postsecondary Education, Depart- mission’s statewide survey has identi- Environmental Protection Agency, transmit- ment of Education, transmitting, pursuant fied about 50,000 historic buildings and ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Final sites in Rhode Island’s 39 cities and titled ‘‘Bacillus Thuringiensis Cry3Bb1 and Regulations—Teacher Quality Enhancement towns. In all, more than 15,000 Rhode Cry2Ab2 Protein and the Genetic Material Grants Program’’ (RIN 1840–AC65) received Necessary for its Production in Corn and Island properties have been listed on on May 9, 2001; to the Committee on Health, Cotton; Exemption from the Requirement of Education, Labor, and Pensions. the National Register of Historic a Tolerance’’ (FRL6781–6) received on May 9, EC–1803. A communication from the Acting Places. Furthermore, the reuse and re- 2001; to the Committee on Agriculture, Nu- Assistant General Counsel for Regulations, habilitation of historic buildings has trition, and Forestry. Office of Postsecondary Education, Depart- become an important part of the EC–1792. A communication from the Chief ment of Education, transmitting, pursuant state’s economy in the last decade. of the Regulations Unit, Internal Revenue to law, the report of a rule entitled ‘‘Final Throughout Antoinette Downing’s Service, Department of the Treasury, trans- Regulations—Minority Science and Engi- mitting, pursuant to law, the report of a rule neering Improvement Program’’ received on lifelong work has run the belief that entitled ‘‘Modification of Rev. Proc. 2001–30’’ our historic districts, structures, and May 9, 2001; to the Committee on Health, (Rev. Proc. 2001–34) received on May 9, 2001; Education, Labor, and Pensions. sites are resources worth keeping. Her to the Committee on Finance. EC–1804. A communication from the Acting work has created for our time and com- EC–1793. A communication from the Sec- Assistant General Counsel for Regulations, ing generations a way of connecting to retary of Health and Human Services, trans- Office of Postsecondary Education, Depart- history while building links to the fu- mitting, pursuant to Section 1886(e)(3) of the ment of Education, transmitting, pursuant ture. We remember and thank Antoi- Social Security Act, a report of the initial to law, the report of a rule entitled ‘‘Final nette for her tireless efforts to save our estimate of the applicable percentage in- Regulations; Interpretation—Gaining Early crease in hospital inpatient payment rates Awareness for Undergraduate Programs’’ re- heritage. We are all the beneficiaries of for Fiscal Year 2002; to the Committee on Fi- her visionary leadership.∑ ceived on May 9, 2001; to the Committee on nance. Health, Education, Labor, and Pensions. EC–1794. A communication from the Sec- EC–1805. A communication from the White f retary of Health and Human Services, trans- House Liaison for the Department of Justice, mitting, pursuant to law, a report relative to transmitting, pursuant to law, the report of MESSAGES FROM THE PRESIDENT the evaluation of Medicare’s competitive a nomination for the position of Director of bidding demonstration for durable medical Messages from the President of the the Office for Victims of Crime, Department equipment, prosthetics, orthotics, and sup- of Justice; to the Committee on the Judici- United States were communicated to plies; to the Committee on Finance. ary. the Senate by Ms. Evans, one of his EC–1795. A communication from the Execu- EC–1806. A communication from the White secretaries. tive Director of the Interstate Commission House Liaison for the Department of Justice, on the Potomac River Basin, transmitting transmitting, pursuant to law, the report of f the report of the Office of Inspector General a nomination for the position of Assistant for the period October 1, 1999 to September Attorney General, Civil Division, Depart- EXECUTIVE MESSAGES REFERRED 30, 2000; to the Committee on Governmental ment of Justice; to the Committee on the Affairs. Judiciary. As in executive session the Presiding EC–1796. A communication from the Chair- EC–1807. A communication from the White Officer laid before the Senate messages man of the District of Columbia Financial House Liaison for the Department of Justice, from the President of the United Responsibility and Management Assistance transmitting, pursuant to law, the report of States submitting sundry nominations Authority, transmitting, pursuant to law, a a nomination for the position of Assistant which were referred to the appropriate report entitled ‘‘Health Care Privatization Attorney General, Criminal Division, De- Emergency Amendment Act of 2001’’ (on an partment of Justice; to the Committee on committees. emergency basis); to the Committee on Gov- the Judiciary. (The nominations received today are ernmental Affairs. EC–1808. A communication from the White printed at the end of the Senate pro- EC–1797. A communication from the Chair- House Liaison for the Department of Justice, ceedings.) man of the District of Columbia Financial transmitting, pursuant to law, the report of May 14, 2001 CONGRESSIONAL RECORD — SENATE S4889 a nomination for the position of Assistant sonnel, Department of Defense, transmit- Standards for Hazardous Air Pollutants from Attorney General, Civil Rights Division, De- ting, pursuant to law, the report of a nomi- the Pulp and Paper Industry; State of New partment of Justice; to the Committee on nation for the position of Secretary of the Hampshire’’ (FRL6978–8) received on May 9, the Judiciary. Navy; to the Committee on Armed Services. 2001; to the Committee on Environment and EC–1809. A communication from the White EC–1822. A communication from the Assist- Public Works. House Liaison for the Department of Justice, ant Director for Executive and Political Per- EC–1831. A communication from the Prin- transmitting, pursuant to law, the report of sonnel, Department of Defense, transmit- cipal Deputy Associate Administrator of the a nomination for the position of Assistant ting, pursuant to law, the report of a nomi- Environmental Protection Agency, transmit- Attorney General, Office of Policy Develop- nation for the position of Under Secretary of ting, pursuant to law, the report of a rule en- ment, Department of Justice; to the Com- Defense (Policy); to the Committee on titled ‘‘Hazardous Waste Management Sys- mittee on the Judiciary. Armed Services. tem; Identification and Listing of Hazardous EC–1810. A communication from the Legis- EC–1823. A communication from the Acting Waste; Final Exclusion’’ (FRL6950–2) re- lative and Regulatory Activities Division, Assistant Secretary of Legislative Affairs, ceived on May 9, 2001; to the Committee on Comptroller of the Currency, Administrator Department of State, transmitting, pursuant Environment and Public Works. of National Banks, transmitting, pursuant to to law, a report regarding the Incidental EC–1832. A communication from the Prin- law, the report of a rule entitled ‘‘Assess- Capture of Sea Turtles in Commercial cipal Deputy Association Administrator of ment of Fees’’ received on May 8, 2001; to the Shrimping Operations; to the Committee on the Environmental Protection Agency, Committee on Banking, Housing, and Urban Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Affairs. EC–1824. A communication from the Acting a rule entitled ‘‘National Emission Stand- EC–1811. A communication from the Gen- Assistant Administrator for Fisheries, Na- ards for Hazardous Air Pollutants: Manufac- eral Counsel of the Federal Emergency Man- tional Marine Fisheries Service, Staff Office turing of Nutritional Yeast’’ (FRL6978–5) re- agement Agency, transmitting, pursuant to for Intergovernmental and Recreational ceived on May 9, 2001; to the Committee on law, the report of a rule entitled ‘‘Change in Fisheries, Department of Commerce, trans- Environment and Public Works. Flood Elevation Determinations’’ (Doc. No. mitting, pursuant to law, the report of a rule EC–1833. A communication from the Prin- FEMA–B–7412) received on May 9, 2001; to the entitled ‘‘American Lobster; Interstate Fish- cipal Deputy Associate Administrator of the Committee on Banking, Housing, and Urban ery Management Plans; Cancellation of Mor- Environmental Protection Agency, transmit- Affairs. atorium’’ (RIN0648–A088) received on May 9, ting, pursuant to law, the report of a rule en- EC–1812. A communication from the Gen- 2001; to the Committee on Commerce, titled ‘‘NESHAPS: Standards for Hazardous eral Counsel of the Federal Emergency Man- Science, and Transportation. Air Pollutants for Hazardous Waste Combus- agement Agency, transmitting, pursuant to EC–1825. A communication from the Acting tors’’ (FRL6978–6) received on May 9, 2001; to law, the report of a rule entitled ‘‘Suspen- Director of the Office of Sustainable Fish- the Committee on Environment and Public sion of Community Eligibility’’ (Doc. No. eries, National Marine Fisheries Service, De- Works. FEMA–7759) received on May 9, 2001; to the partment of Commerce, transmitting, pursu- EC–1834. A communication from the Dep- Committee on Banking, Housing, and Urban ant to law, the report of a rule entitled uty Assistant Secretary of the Army, Man- Affairs. ‘‘Fisheries of the Exclusive Economic Zone agement and Budget, Civil Works, Depart- EC–1813. A communication from the Gen- Off Alaska—Closes Shallow Water Species ment of the Army, transmitting, pursuant to eral Counsel of the Federal Emergency Man- Fishing Using Trawl Gear, Gulf of Alaska’’ law, the report of a rule entitled ‘‘United agement Agency, transmitting, pursuant to received on May 9, 2001; to the Committee on States Marine Corps Restricted Area, New law, the report of a rule entitled ‘‘Change in Commerce, Science, and Transportation. River, North Carolina, and Vicinity’’ (33 CFR Flood Elevation Determinations’’ received EC–1826. A communication from the Acting Part 334) received on May 9, 2001; to the Com- on May 9, 2001; to the committee on Bank- Director of the Office of Sustainable Fish- mittee on Environment and Public Works. ing, Housing, and Urban Affairs. eries, National Marine Fisheries Service, De- EC–1835. A communication from the Direc- EC–1814. A communication from the Sec- partment of Commerce, transmitting, pursu- tor of the Federal Emergency Management retary of Defense, transmitting, the report of ant to law, the report of a rule entitled Agency, transmitting, pursuant to the Rob- a retirement; to the Committee on Armed ‘‘Fisheries of the Exclusive Economic Zone ert T. Stafford Disaster Relief and Emer- Services. Off Alaska; Species in the Rock Sole/Flat- gency Assistance Act, a report relative to EC–1815. A communication from the Dep- head Sole/‘‘Other Flatfish’’ Fishery Category funds exceeding $5 million for the response uty Secretary of Defense, transmitting, pur- by Vessels Using Trawl Gear in Bering Sea to the emergency declared in the State of suant to law, a report to the backlog of and Aleutian Island Management Area’’ re- New York; to the Committee on Environ- maintenance and repair needs of the Depart- ceived on May 9, 2001; to the Committee on ment and Public Works. ments facilities and installations; to the Commerce, Science, and Transportation. EC–1836. A communication from the Sec- Committee on Armed Services. EC–1827. A communication from the Acting retary of the Senate, transmitting, pursuant EC–1816. A communication from the Chief Assistant Administrator for Fisheries, Na- to law, the report of the receipts and expend- of the Programs and Legislation Division, tional Marine Fisheries Service, Department itures of the Senate for the period October 1, Office of Legislative Liaison, Department of of Commerce, transmitting, pursuant to law, 2000 through March 31, 2001; ordered to lie on the Air Force, transmitting, pursuant to law, the report of a rule entitled ‘‘Fisheries Off the table. a report relative to Elmendorf Air Force West Coast States and in the Western Pa- f Base in Alaska; to the Committee on Armed cific; Pacific Coast Groundfish Fishery; Services. Groundfish Observer Program’’ (RIN0648- PETITIONS AND MEMORIALS EC–1817. A communication from the Assist- AO30) received on May 9, 2001; to the Com- The following petitions and memo- ant Director for Executive and Political Per- mittee on Commerce, Science, and Transpor- rials were laid before the Senate and sonnel, Department of Defense, transmit- tation. were referred or ordered to lie on the ting, pursuant to law, the report of a nomi- EC–1828. A communication from the Acting nation confirmed for the position of Under Assistant Administrator for Fisheries, Na- table as indicated: Secretary of Defense (Comptroller); to the tional Marine Fisheries Service, Office of POM–50. A joint memorial adopted by the Committee on Armed Services. Sustainable Fisheries, Department of Com- Senate of the Legislature of the State of EC–1818. A communication from the Assist- merce, transmitting, pursuant to law, the re- Washington relative to the conservation re- ant Director for Executive and Political Per- port of a rule entitled ‘‘Fisheries of the serve enhancement program; to the Com- sonnel, Department of Defense, transmit- Northeastern United States; Spiny Dogfish mittee on Agriculture, Nutrition, and For- ting, pursuant to law, the report of a nomi- Fishery; 2001 Specifications’’ (RIN0648–AN71) estry. nation confirmed for the position of Assist- received on May 9, 2001; to the Committee on SENATE JOINT MEMORIAL 8019 ant Secretary of Defense (Legislative Af- Commerce, Science, and Transportation. Whereas, The National Marine Fisheries fairs); to the Committee on Armed Services. EC–1829. A communication from the Prin- Service and the United States Department of EC–1819. A communication from the Assist- cipal Deputy Associate Administrator of the Fish and Wildlife have listed several species ant Director for Executive and Political Per- Environmental Protection Agency, transmit- of salmonids as either threatened or endan- sonnel, Department of Defense, transmit- ting, pursuant to law, the report of a rule en- gered under the federal Endangered Species ting, pursuant to law, the report of a nomi- titled ‘‘Approval and Promulgation of State Act; and nation for the position of Secretary of the Plans for Designated Facilities; New York’’ Whereas, A number of water bodies Army; to the Committee on Armed Services. (FRL6977–2) received on May 9, 2001; to the throughout the state do not currently com- EC–1820. A communication from the Assist- Committee on Environment and Public ply with federally approved water quality ant Director for Executive and Political Per- Works. standards including temperature, turbidity, sonnel, Department of Defense, transmit- EC–1830. A communication from the Prin- and other parameters; and ting, pursuant to law, the report of a nomi- cipal Deputy Associate Administrator of the Whereas, The State of Washington and the nation for the position of Under Secretary of Environmental Protection Agency, transmit- United States Department of Agriculture Defense (Personnel and Readiness); to the ting, pursuant to law, the report of a rule en- have entered into a memorandum of agree- Committee on Armed Services. titled ‘‘Approval of Section 112(1) Authority ment that establishes the conservation re- EC–1821. A communication from the Assist- for Hazardous Air Pollutants; Equivalency serve enhancement program to provide in- ant Director for Executive and Political Per- by Permit Provisions; National Emission centives to owners of agricultural land in S4890 CONGRESSIONAL RECORD — SENATE May 14, 2001 Washington State to restore and enhance Maine relative to National Parks in Maine’s By Mr. TORRICELLI: conditions in riparian areas by planting North Woods; to the Committee on Energy S. 874. A bill to require health plans to in- trees and shrubs for the benefit of fishery and Natural Resources. clude infertility benefits, and for other pur- habitat and water quality; and JOINT RESOLUTION poses; to the Committee on Health, Edu- Whereas, The conservation reserve en- Whereas, Maine residents and visitors cation, Labor, and Pensions. hancement program is available for a num- enjoy the privilege of using large tracts of By Mr. BREAUX (for himself and Mr. ber of categories of agricultural lands but is private land in the north woods for rec- ENSIGN): not available to lands that produce perennial reational uses such as snowmobiling, hunt- S. 875. A bill to amend the Internal Rev- horticultural crops; ing, hiking, fishing, white water rafting and enue Code of 1986 to allow a credit against Now, therefore, Your Memorialists respect- income tax for taxpayers owning certain fully pray that the Secretary of the Depart- other related functions; and Whereas, the future of that private land is commercial power takeoff vehicles; to the ment of Agriculture review the department’s of great importance to the people of Maine Committee on Finance. policies regarding the conservation reserves By Mr. INHOFE (for himself, Mrs. CLIN- enhancement program and alter those poli- and their outdoor heritage; and Whereas, the Maine Department of Inland TON, Mr. SMITH of New Hampshire, cies to allow the inclusion in the program of Fisheries and Wildlife and many of the large Mr. REID, Mr. WARNER, Mr. lands that are currently used to produce pe- landowners have or are entering into cooper- LIEBERMAN, and Mr. CHAFEE): rennial horticultural crops. Be it S. 876. A bill to amend the National Envi- Resolved, That copies of this Memorial be ative wildlife management agreements that ronmental Education Act to redesignate that immediately transmitted to the Honorable ensure the future of critical wildlife popu- Act as the ‘‘John H. Chafee Environmental George W. Bush, President of the United lation in the north woods; and Education Act:, to establish the John H. States, Ann Veneman, the Secretary of the Whereas, state agencies and nonprofit or- Chafee Memorial Fellowship Program and United States Department of Agriculture, ganizations are cooperating in an unprece- the Theodore Roosevelt Environmental the President of the United States Senate, dented effort to secure permanent rights of Stewardship Grant Program, to extend the the Speaker of the House of Representatives, access to the north woods and keep valuable programs under that Act, and for other pur- and each member of Congress from the State recreational property and natural habitat of Washington. undeveloped through conservation ease- poses; to the Committee on Environment and ments; and Public Works. POM–51. A resolution adopted by the House Whereas, federal ownership or control of By Mr. NELSON of Florida (for him- of the Legislature of the State of Missouri the north woods would create many prob- self, Mr. DODD, and Mr. KENNEDY): relative to the Individuals with Disabilities lems including limitations on access and use S. 877. A bill to amend the Agricultural Act; to the Committee on Appropriations. and loss of local and state control of these Marketing Act of 1946 to require that a warn- ing label be affixed to arsenic-treated wood RESOLUTION areas; now, therefore, be it Resolved, That We, your Memorialists, op- sold in the United States; to the Committee Whereas, the original passage of the fed- pose the creation of a national park in on Agriculture, Nutrition, and Forestry. eral Individuals with Disabilities Education Maine’s north woods and request that the Act (IDEA) in 1975 established a program of f President of the United States and Secretary free appropriate public education to better of the Interior Gale A. Norton abandon plans enable students with disabilities to achieve SUBMISSION OF CONCURRENT AND to conduct a feasibility study concerning es- their greatest potential; and SENATE RESOLUTIONS tablishing a national park in Maine’s north Whereas, IDEA also represented an ad- The following concurrent resolutions vance in civil rights for disabled children woods; and be it further Resolved, That suitable copies of this reso- and Senate resolutions were read, and through equal protection; and Whereas, Missouri has demonstrated a lution, duly authenticated by the Secretary referred (or acted upon), as indicated: strong commitment to serving our children of State, be transmitted to the President of By Mr. KENNEDY (for himself, Mr. the United States, to the President of the with disabilities through provision of special LUGAR, Mr. LEAHY, Mr. BROWNBACK, United States Senate, to the Speaker of the education and related services to over 127,000 Mr. BIDEN, Ms. SNOWE, Mr. KERRY, United States House of Representatives, to students (14.18 percent of public school en- Mr. SMITH of Oregon, Mr. TORRICELLI, the Secretary of the Interior Gale A. Norton rollment); and Mr. CHAFEE, Mr. CORZINE, Mr. ALLEN, and to each member of the Maine Congres- Whereas, the original intent of the 94th Mr. AKAKA, Mr. LIEBERMAN, Mr. sional Delegation. Congress was to fund IDEA at 40% of the av- BAYH, Mr. BINGAMAN, Mr. FEINGOLD, erage per pupil expenditures for Part B of f Mr. LEVIN, Mr. REED, Mr. KOHL, Mr. IDEA, but funding has never exceeded 13%; REPORTS OF COMMITTEES DURBIN, Mr. JOHNSON, Mr. SARBANES, and Mr. WELLSTONE, Mrs. BOXER, Mr. Whereas, federal law requires school dis- The following reports of committees MCCAIN, and Mrs. CLINTON): tricts to meet federal standards, but Con- were submitted: S. Res. 88. A resolution expressing the gress has not provided the promised funding By Mr. McCAIN, from the Committee on sense of the Senate on the importance of necessary to achieve those standards; and membership of the United States on the Whereas, Missouri and several other states Commerce, Science, and Transportation, United Nations Human Rights Commission; have legal prohibitions on passing unfunded with amendments. to the Committee on Foreign Relations. mandates to the local level and therefore S. 718: A bill to direct the National Insti- must either make up the shortfall or ask tute of Standards and Technology to estab- f local districts to do so and thereby risk liti- lish a program to support research and train- gation; and ing in methods of detecting the use of per- ADDITIONAL COSPONSORS formance-enhancing drugs by athletes, and Whereas, local districts must then cover S. 41 the mandated expenses of special education for other purposes (Rept. No. 107–16). At the request of Mr. HATCH, the and reduce funding for teachers, textbooks f and supplies, building maintenance and re- name of the Senator from Oregon (Mr. pair, as well as meet the counterproductive INTRODUCTION OF BILLS AND SMITH, of Oregon) was added as a co- reporting burden which severely reduces JOINT RESOLUTIONS sponsor of S. 41, a bill to amend the In- teacher availability; Now therefore, be it The following bills and joint resolu- ternal Revenue Code of 1986 to perma- Resolved, That the members of the House of tions were introduced, read the first nently extend the research credit and Representatives of the Ninety-first General and second times by unanimous con- to increase the rates of the alternative Assembly, First Regular Session, the Senate incremental credit. concurring therein, hereby urge that before sent, and referred as indicated: the 107th Congress considers any other edu- By Mr. MCCAIN (for himself, Mr. ED- S. 88 cation initiatives, that IDEA receive prompt WARDS, and Mr. KENNEDY): At the request of Mr. ROCKEFELLER, and full funding, and the reporting require- S. 872. A bill to amend the Public Health the name of the Senator from South Service Act, the Employee Retirement In- ments of IDEA be significantly reduced; and Carolina (Mr. THURMOND) was added as come Security Act of 1974, and the Internal be it further a cosponsor of S. 88, a bill to amend the Resolved, That the Chief Clerk of the Mis- Revenue Code of 1986 to protect consumers in souri House of Representatives be instructed managed care plans and other health cov- Internal Revenue Code of 1986 to pro- to prepare properly inscribed copies of this erage; read the first time. vide an incentive to ensure that all resolution for the President of the United By Mr. HELMS (for himself, Mr. THUR- Americans gain timely and equitable States Senate, the Speaker of the United MOND, Mr. HUTCHINSON, and Mr. access to the Internet over current and States House of Representatives and every SMITH of New Hampshire): future generations of broadband capa- member of the Missouri Congressional dele- S. 873. A bill to preserve and protect the bility. gation. free choice of individual employees to form, join, or assist labor organizations, or to re- S. 104 POM—52. A joint resolution adopted by the frain from such activities; to the Committee At the request of Ms. SNOWE, the House of the Legislature of the State of on Health, Education, Labor, and Pensions. names of the Senator from Montana May 14, 2001 CONGRESSIONAL RECORD — SENATE S4891 (Mr. BAUCUS), the Senator from Dela- SCHUMER) was added as a cosponsor of (Mr. KENNEDY) was added as a cospon- ware (Mr. CARPER), and the Senator S. 327, a bill to amend the Elementary sor of S. 656, a bill to provide for the from California (Mrs. FEINSTEIN) were and Secondary Education Act of 1965 to adjustment of status of certain nation- added as a cosponsors of S. 104, a bill to provide up-to-date school library media als of Liberia to that of lawful perma- require equitable coverage of prescrip- resources and well-trained, profes- nent residence. tion contraceptive drugs and devices, sionally certified school library media S. 677 and contraceptive services under specialists for elementary schools and At the request of Mr. HATCH, the health plans. secondary schools, and for other pur- names of the Senator from South Da- S. 145 poses. kota (Mr. DASCHLE) and the Senator At the request of Mr. THURMOND, the S. 452 from Rhode Island (Mr. CHAFEE) were name of the Senator from South Da- At the request of Mr. MURKOWSKI, the added as a cosponsors of S. 677, a bill to kota (Mr. JOHNSON) was added as a co- names of the Senator from Wyoming amend the Internal Revenue Code of sponsor of S. 145, a bill to amend title (Mr. ENZI) and the Senator from Ne- 1986 to repeal the required use of cer- 10, United States Code, to increase to braska (Mr. NELSON, of Nebraska) were tain principal repayments on mortgage parity with other surviving spouses the added as a cosponsors of S. 452, a bill to subsidy bond financing to redeem basic annuity that is provided under amend title XVIII of the Social Secu- bonds, to modify the purchase price the uniformed services Survivor Ben- rity Act to ensure that the Secretary limitation under mortgage subsidy efit Plan for surviving spouses who are of Health and Human Services provides bond rules based on median family in- at least 62 years of age, and for other appropriate guidance to physicians, come, and for other purposes. purposes. providers of services, and ambulance S. 681 At the request of Mr. CRAPO, the S. 155 providers that are attempting to prop- name of the Senator from Colorado At the request of Mr. BINGAMAN, the erly submit claims under the medicare program to ensure that the Secretary (Mr. CAMPBELL) was added as a cospon- name of the Senator from Montana sor of S. 681, a bill to help ensure gen- (Mr. BAUCUS) was added as a cosponsor does not target inadvertent billing er- rors. eral aviation aircraft access to Federal of S. 155, a bill to amend title 5, United land and to the airspace over that land. States Code, to eliminate an inequity S. 484 S. 694 in the applicability of early retirement At the request of Ms. SNOWE, the name of the Senator from Florida (Mr. At the request of Mr. LEAHY, the eligibility requirements to military re- name of the Senator from Massachu- serve technicians. GRAHAM) was added as a cosponsor of S. setts (Mr. KENNEDY) was added as a co- S. 166 484, a bill to amend part B of title IV of the Social Security Act to create a sponsor of S. 694, a bill to amend the At the request of Mrs. FEINSTEIN, the Internal Revenue Code of 1986 to pro- grant program to promote joint activi- name of the Senator from Illinois (Mr. vide that a deduction equal to fair mar- ties among Federal, State, and local DURBIN) was added as a cosponsor of S. ket value shall be allowed for chari- public child welfare and alcohol and 166, a bill to limit access to body armor table contributions of literary, musi- drug abuse prevention and treatment by violent felons and to facilitate the cal, artistic, or scholarly compositions agencies. donation of Federal surplus body armor created by the donor. S. 497 to State and local law enforcement S. 697 At the request of Mr. LEAHY, the agencies. At the request of Mr. GRASSLEY, the names of the Senator from Connecticut S. 258 names of the Senator from Washington (Mr. DODD) and the Senator from Mas- At the request of Ms. SNOWE, the (Ms. CANTWELL) and the Senator from sachusetts (Mr. KENNEDY) were added name of the Senator from Iowa (Mr. New York (Mrs. CLINTON) were added as as a cosponsors of S. 497, a bill to ex- HARKIN) was added as a cosponsor of S. a cosponsors of S. 697, a bill to mod- press the sense of Congress that the 258, a bill to amend title XVIII of the ernize the financing of the railroad re- Department of Defense should field Social Security Act to provide for cov- tirement system and to provide en- currently available weapons, other erage under the medicare program of hanced benefits to employees and bene- technologies, tactics and operational annual screening pap smear and screen- ficiaries. concepts that provide suitable alter- ing pelvic exams. S. 721 natives to anti-personnel mines and S. 263 At the request of Mr. HUTCHINSON, mixed anti-tank mine systems and that the name of the Senator from Pennsyl- At the request of Ms. SNOWE, the the United States should end its use of name of the Senator from Iowa (Mr. vania (Mr. SANTORUM) was added as a such mines and join the Convention on cosponsor of S. 721, a bill to amend the HARKIN) was added as a cosponsor of S. the Prohibition of Anti-Personnel 263, a bill to amend title 5, United Public Health Service Act to establish Mines as soon as possible, to expand a Nurse Corps and recruitment and re- States Code, to ensure that coverage of support for mine action programs in- bone mass measurements is provided tention strategies to address the nurs- cluding mine victim assistance, and for ing shortage , and for other purposes. under the health benefits program for other purposes. Federal employees. S. 749 S. 548 At the request of Mr. FITZGERALD, S. 318 At the request of Mr. HARKIN, the the name of the Senator from Mary- At the request of Mr. DASCHLE, the name of the Senator from New Jersey land (Mr. SARBANES) was added as a co- name of the Senator from Wisconsin (Mr. TORRICELLI) was added as a co- sponsor of S. 749, a bill to provide that (Mr. FEINGOLD) was added as a cospon- sponsor of S. 548, a bill to amend title no Federal income tax shall be imposed sor of S. 318, a bill to prohibit discrimi- XVIII of the Social Security Act to on amounts received by victims of the nation on the basis of genetic informa- provide enhanced reimbursement for, Nazi regime or their heirs or estates, tion with respect to health insurance. and expanded capacity to, mammog- and for other purposes. S. 321 raphy services under the medicare pro- S. 758 At the request of Mr. GRASSLEY, the gram, and for other purposes. At the request of Mr. HUTCHINSON, name of the Senator from Pennsyl- S. 606 the name of the Senator from South vania (Mr. SPECTER) was added as a co- At the request of Mr. CRAPO, the Dakota (Mr. JOHNSON) was added as a sponsor of S. 321, a bill to amend title name of the Senator from Pennsyl- cosponsor of S. 758, a bill to amend the XIX of the Social Security Act to pro- vania (Mr. SANTORUM) was added as a Food Security Act of 1985 to authorize vide families of disabled children with cosponsor of S. 606, a bill to provide ad- the annual enrollment of land in the the opportunity to purchase coverage ditional authority to the Office of Om- wetlands reserve program, to extend under the medicaid program for such budsman of the Environmental Protec- the wetlands reserve program through children, and for other purposes. tion Agency. 2005, and for other purposes. S. 327 S. 656 S. 804 At the request of Mr. REED, the name At the request of Mr. REED, the name At the request of Mrs. FEINSTEIN, the of the Senator from New York (Mr. of the Senator from Massachusetts name of the Senator from Vermont S4892 CONGRESSIONAL RECORD — SENATE May 14, 2001 (Mr. JEFFORDS) was added as a cospon- (Mr. HAGEL) was added as a cosponsor In fact, the 21 States that have passed sor of S. 804, a bill to amend title 49, of amendment No. 600. Right to Work laws have outperformed United States Code, to require phased f non-Right to Work States in job cre- increases in the fuel efficiency stand- ation, real income, and entrepreneurial STATEMENTS ON INTRODUCED ards applicable to light trucks; to re- growth. BILLS AND JOINT RESOLUTIONS quired fuel economy standards for But much work remains unfinished. automobiles up to 10,000 pounds gross By Mr. HELMS (for himself, Mr. More than 8 million workers in 29 non- vehicle weight; to raise the fuel econ- THURMOND, Mr. HUTCHINSON, Right to Work States must pay dues to omy of the Federal fleet of vehicles, and Mr. SMITH of New Hamp- a union as a condition of employment, and for other purposes. shire): and another 1 million workers in Right S. 828 S. 873. A bill to preserve and protect to Work States are forced to pay dues under the Federal Railway Labor Act, At the request of Mr. LIEBERMAN, the the free choice of individual employees name of the Senator from Rhode Island to form, join, or assist labor organiza- which cannot be preempted by State Right to Work laws. (Mr. CHAFEE) was added as a cosponsor tions, or to refrain from such activi- Make no mistake, that warms the of S. 828, a bill to amend the Internal ties; to the Committee on Health, Edu- hearts of union bosses who take advan- Revenue Code of 1986 to allow a credit cation, Labor, and Pensions. tage of union security clauses to use against income tax for certain energy- Mr. HELMS. Mr. President, I am hon- workers as cash machines. This gives efficient property. ored to join my distinguished col- leagues, the Senator from South Caro- them an endless source of funding for S. 833 lina, Mr. THURMOND, the Senator from union activities, including activities At the request of Ms. SNOWE, the New Hampshire, Mr. SMITH, and the not related to collective bargaining ac- names of the Senator from Massachu- Senator from Arkansas, Mr. HUTCH- tivity. The growing influence unions setts (Mr. KERRY) and the Senator from INSON, in introducing legislation to have on the political process—financed New Jersey (Mr. CORZINE) were added protect workers from having to pay by coerced worker dues—is openly ac- as a cosponsors of S. 833, a bill to dues to a labor union simply to keep knowledged. During the past election amend the Internal Revenue Code of their jobs. This bill, briefly titled the cycle, the AFL–CIO bragged of its plans 1986 to expand the child tax credit. National Right to Work Act, repeals to spend more than $40 million on S. 839 Federal labor laws allowing union worker-subsidized political activity, At the request of Mrs. HUTCHISON, the bosses to coerce dues from workers who nearly all on behalf of liberal can- name of the Senator from Pennsyl- want to go to work, earn honest pay- didates. vania (Mr. SPECTER) was added as a co- checks and support their families with- These politicians who continue to sponsor of S. 839, a bill to amend title out being forced to support a labor or- benefit from the Big Labor cash cow XVIII of the Social Security Act to in- ganization. have been successful in protecting the crease the amount of payment for inpa- The legislation we are introducing union’s ability to coerce money from tient hospital services under the medi- today proposes to put an end to more their membership. But the American care program and to freeze the reduc- than half a century of Federal labor people aren’t fooled. For more than 20 tion in payments to hospitals for indi- policy that directly contradicts Thom- years, Americans have consistently rect costs of medical education. as Jefferson’s famous statement that told pollsters that they believe that a requirement to pay union dues as a S.J. RES. 7 ‘‘to compel a man to furnish contribu- condition of employment is unfair. In At the request of Mr. HATCH, the tions of money for the propagation of 1997, a Mason-Dixon poll found that 77 name of the Senator from Louisiana opinions which he disbelieves, is sinful percent of Americans agreed with the (Mr. BREAUX) was added as a cosponsor and tyrannical.’’ statement that workers should be able of S.J. Res. 7, a joint resolution pro- Specifically, the National Right to to keep their job regardless of whether posing an amendment to the Constitu- Work Act proposes the repeal of those sections of the National Labor Rela- they belong to unions. tion of the United States authorizing They’re right, and I hope that this tions Act, NLRA, and the Railway Congress to prohibit the physical dese- legislation will soon put an end to con- Labor Act, RLA, that allow unions to cration of the flag of the United States. gressional tolerance of forced worker enter into collective bargaining agree- S. RES. 16 dues. I’m proud to stand with my dis- ments forcing workers to pay dues as a At the request of Mr. THURMOND, the tinguished colleagues in supporting the condition of employment. names of the Senator from Arizona National Right to Work Act. (Mr. MCCAIN), the Senator from Texas These so-called ‘‘union security’’ (Mr. GRAMM), and the Senator from clauses have been a central tenet of By Mr. TORRICELLI: Maine (Ms. COLLINS) were added as co- Federal labor law despite interfering S. 874. A bill to require health plans sponsors of S. Res. 16, a resolution des- with the rights of freedom of speech to include infertility benefits, and for ignating August 16, 2001, as ‘‘National and association that most Americans other purposes; to the Committee on Airborne Day.’’ take for granted. Under this unfair Health, Education, Labor, and Pen- Federal scheme, labor organizations S. RES. 63 sions. succeeded in creating workplaces Mr. TORRICELLI. Mr. President, I At the request of Mr. CAMPBELL, the where individual workers have two name of the Senator from South Da- rise today to reintroduce legislation choices: 1. they either must march in that would greatly improve the lives of kota (Mr. JOHNSON) was added as a co- lockstep with local union bosses; or 2. sponsor of S. Res. 63, a resolution com- millions of Americans, thousands of they must forfeit their job. memorating and acknowledging the whom live in my State of New Jersey, That’s clearly not fair, and in re- who are infertile. The Fair Access to dedication and sacrifice made by the sponse to the excesses of this abuse of men and women who have lost their Infertility Treatment and Hope, the free association rights of employ- FAITH, Act first introduced during the lives while serving as law enforcement ees, Congress enacted the Taft-Hartley officers. 106th Congress, will again give hope to Act in 1947. While this reform bill did those families who have struggled si- AMENDMENT NO. 376 not fully right the wrongs of earlier lently for years with the knowledge At the request of Mr. DEWINE, his labor legislation, it did grant States that they cannot have children. name was added as a cosponsor of the ability to pass legislation over- For many American families, the amendment No. 376. riding the NLRA regarding union secu- blessing of raising a family is one of At the request of Mr. CLELAND, the rity clauses. the most basic human desires. Unfortu- name of the Senator from Michigan Since Taft-Hartley freed State legis- nately almost fifteen percent of all (Mr. LEVIN) was added as a cosponsor of lature to protect workers, 21 States married couples, over six million amendment No. 376, supra. have passed Right to Work laws, and, American families, are unable to have AMENDMENT NO. 600 not surprisingly, these States have children due to infertility. At the request of Mr. SESSIONS, the reaped the economic benefits associ- The physical and emotional toll that name of the Senator from Nebraska ated with a fair and free labor market. infertility has on families is impossible May 14, 2001 CONGRESSIONAL RECORD — SENATE S4893 to ignore. I have heard from a number There being no objection, the bill was in accordance with the requirements of this of men and women from New Jersey ordered to be printed in the RECORD, as section; who have experienced the pain and follows: ‘‘(2) provide monetary payments or rebates trauma of discovering that their bod- to a covered individual to encourage such in- S. 874 dividual to accept less than the minimum ies, which appear normal and function Be it enacted by the Senate and House of Rep- protections available under this section; or perfectly, are somehow deficient in the resentatives of the United States of America in ‘‘(3) provide incentives (monetary or other- one area that matters most to them. Congress assembled, wise) to a health care professional to induce This is only compounded when patients SECTION 1. SHORT TITLE. such professional to withhold from a covered discover that their insurer, which they This Act may be cited as the ‘‘Fair Access individual services described in subsection rely on for all of their critical health to Infertility Treatment and Hope Act of (a). needs, refuse to cover treatment for 2001’’. ‘‘(e) RULES OF CONSTRUCTION.— ‘‘(1) IN GENERAL.—Nothing in this section this disease. The deep sense of loss ex- SEC. 2. FINDINGS. Congress finds that— shall be construed— pressed by those who desire a family as ‘‘(A) as preventing a group health plan and a result of this gap in coverage is real (1) infertility affects 6,100,000 men and women; a health insurance issuer providing health and significant. Their pain should no (2) infertility is a disease which affects insurance coverage in connection with a longer be ignored. men and women with equal frequency; group health plan from imposing Infertility is a treatable disease. New (3) approximately 1 in 10 couples cannot deductibles, coinsurance, or other cost-shar- technologies and procedures that have conceive without medical assistance; ing or limitations in relation to benefits for been developed in the past two decades (4) recent medical breakthroughs make in- services described in this section under the fertility a treatable disease; and plan, except that such a deductible, coinsur- make starting a family a real possi- ance, or other cost-sharing or limitation for bility for many couples previously un- (5) only 25 percent of all health plan spon- sors provide coverage for infertility services. any such service may not be greater than able to conceive. In fact, up to two such a deductible, coinsurance, or cost-shar- SEC. 3. AMENDMENTS TO THE EMPLOYEE RE- thirds of all married couples who seek TIREMENT INCOME SECURITY ACT ing or limitation for any similar service oth- infertility treatment are subsequently OF 1974. erwise covered under the plan; able to have children. (a) IN GENERAL.—Subpart B of part 7 of ‘‘(B) as requiring a group health plan and a Unfortunately, due to the high cost subtitle B of title I of the Employee Retire- health insurance issuer providing health in- ment Income Security Act of 1974 (29 U.S.C. surance coverage in connection with a group of treating this illness, only 20 percent health plan to cover experimental or inves- of infertile couples seek medical treat- 1185 et seq.) is amended by adding at the end the following: tigational treatments of services described ment each year. Even worse, only four in this section, except to the extent that the ‘‘SEC. 714. REQUIRED COVERAGE FOR INFER- out of every ten couples that seek in- TILITY BENEFITS. plan or issuer provides coverage for other ex- fertility treatment receive coverage ‘‘(a) IN GENERAL.—A group health plan, and perimental or investigational treatments or from health insurers, and only one a health insurance issuer providing health services. quarter of all health plans provide cov- insurance coverage in connection with a ‘‘(2) LIMITATIONS.—As used in paragraph erage for infertility services. group health plan, shall ensure that coverage (1), the term ‘limitation’ includes restricting is provided for infertility benefits. the type of health care professionals that My bill will end this inequity by re- may provide such treatments or services. quiring all health insurance plans to ‘‘(b) INFERTILITY BENEFITS.—In subsection (a), the term ‘infertility benefits’ at a min- ‘‘(f) NOTICE UNDER GROUP HEALTH PLAN.— ensure testing and coverage of infer- imum includes— The imposition of the requirements of this tility treatment. Specifically, FAITH ‘‘(1) diagnostic testing and treatment of in- section shall be treated as a material modi- requires health plans to cover all infer- fertility; fication in the terms of the plan described in tility procedures considered non-exper- ‘‘(2) drug therapy, artificial insemination, section 102(a)(1), for purposes of assuring no- imental that are deemed appropriate and low tubal ovum transfers; tice of such requirements under the plan, ex- cept that the summary description required by patient and physician, up to four at- ‘‘(3) in vitro fertilization, intra- cytoplasmic sperm injection, gamete dona- to be provided under the last sentence of sec- tempts, with two additional attempts tion 104(b)(1) with respect to such modifica- provided for those successful couples tion, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube tion shall be provided by not later than 60 that desire a second child. transfer, zygote intra-fallopian tube trans- days after the first day of the first plan year One reason often cited by health in- fer; and in which such requirements apply.’’. (b) CLERICAL AMENDMENT.—The table of surers for their continued refusal to ‘‘(4) any other medically indicated non- contents in section 1 of the Employee Retire- experimental services or procedures that are provide infertility treatment is the ment Income Security Act of 1974 (29 U.S.C. used to treat infertility or induce pregnancy. negative impact that this coverage 1001 note) is amended by inserting after the ‘‘(c) IN VITRO FERTILIZATION.— would have on monthly premiums. item relating to section 713 the following ‘‘(1) LIMITATION.— However, recent studies demonstrate new item: ‘‘(A) IN GENERAL.—Subject to subparagraph that FAITH would raise the costs of (B), coverage of procedures under subsection ‘‘Sec. 714. Required coverage for infertility health coverage by as little as $.21 (b)(3) may be limited to 4 completed embryo benefits for federal employees cents per month per person, an insig- transfers. health benefits plans.’’. nificant amount compared to the enor- ‘‘(B) ADDITIONAL TRANSFERS.—If a live (c) EFFECTIVE DATE.—The amendments mous premium increases we have re- birth follows a completed embryo transfer made by this section shall apply with respect cently seen from HMOs. under a procedure described in subparagraph to plan years beginning on or after January Similar legislation that recognizes (A), not less than 2 additional completed em- 1, 2002. bryo transfers shall be provided. the vital right of families to infertility SEC. 4. PUBLIC HEALTH SERVICE ACT. ‘‘(2) REQUIREMENT.—Coverage of procedures (a) IN GENERAL.—Subpart 2 of part A of treatments has already been passed in under subsection (b)(3) shall be provided if— title XXVII of the Public Health Service Act thirteen states, including Texas, Cali- ‘‘(A) the individual has been unable to at- (42 U.S.C. 300gg–4 et seq.) is amended by add- fornia, New York, Illinois, Ohio, Massa- tain or sustain a successful pregnancy ing at the end the following: chusetts, Maryland, Connecticut, through reasonable, less costly medically ap- ‘‘SEC. 2707. REQUIRED COVERAGE FOR INFER- Rhode Island, Arkansas, Hawaii, Mon- propriate covered infertility treatments; and TILITY BENEFITS. tana, and West Virginia. In my home ‘‘(B) the procedures are performed at med- ‘‘(a) IN GENERAL.—A group health plan, and state, both branches of the New Jersey ical facilities that conform with the minimal a health insurance issuer providing health guidelines and standards for assisted repro- Legislature recently passed legislation insurance coverage in connection with a ductive technology of the American College group health plan, shall ensure that coverage that mandates this coverage. of Obstetric and Gynecology or the American is provided for infertility benefits. Reproduction is one of the most im- Society for Reproductive Medicine. ‘‘(b) INFERTILITY BENEFITS.—In subsection portant values for both men and ‘‘(d) PROHIBITIONS.—A group health plan, (a), the term ‘infertility benefits’ at a min- women, and those individuals who de- and a health insurance issuer providing imum includes— sire the gift of family should have ac- health insurance coverage in connection ‘‘(1) diagnostic testing and treatment of in- cess to the necessary treatments that with a group health plan, may not— fertility; make life possible. ‘‘(1) deny to an individual eligibility, or ‘‘(2) drug therapy, artificial insemination, continued eligibility, to enroll or to renew and low tubal ovum transfers; I ask unanimous consent that the coverage under the terms of the plan because ‘‘(3) in vitro fertilization, intra- text of the bill be printed in the of the individual’s or enrollee’s use or poten- cytoplasmic sperm injection, gamete dona- RECORD. tial use of items or services that are covered tion, embryo donation, assisted hatching, S4894 CONGRESSIONAL RECORD — SENATE May 14, 2001 embryo transfer, gamete intra-fallopian tube days after the first day of the first plan year Credit for Substantial Power Takeoff transfer, zygote intra-fallopian tube trans- in which such requirements apply.’’. Vehicles Act. This bill upholds a long- fer; and (b) INDIVIDUAL MARKET.—Part B of title held principle in the application of the ‘‘(4) any other medically indicated non- XXVII of the Public Health Service Act (42 experimental services or procedures that are U.S.C. 300gg–41 et seq.) is amended— Federal fuels excise tax, and restores used to treat infertility or induce pregnancy. (1) by redesignating the first subpart 3 (re- this principle for certain single engine ‘‘(c) IN VITRO FERTILIZATION.— lating to other requirements) as subpart 2; ‘‘dual-use’’ vehicles. ‘‘(1) LIMITATION.— and This long-held principle is simple: ‘‘(A) IN GENERAL.—Subject to subparagraph (2) by adding at the end of subpart 2 the fuel consumed for the purpose of mov- (B), coverage of procedures under subsection following new section: ing vehicles over the road is taxed, (b)(3) may be limited to 4 completed embryo ‘‘SEC. 2753. REQUIRED COVERAGE FOR INFER- while fuel consumed for ‘‘off-road’’ pur- transfers. TILITY BENEFITS. poses is not taxed. The tax is designed ‘‘(B) ADDITIONAL TRANSFERS.—If a live ‘‘The provisions of section 2707 shall apply to compensate for the wear and tear birth follows a completed embryo transfer to health insurance coverage offered by a under a procedure described in subparagraph health insurance issuer in the individual impacts on roads. Fuel used for a non- (A), not less than 2 additional completed em- market in the same manner as they apply to propulsion ‘‘off-road’’ purpose has no bryo transfers shall be provided. health insurance coverage offered by a impact on the roads. It should not be ‘‘(2) REQUIREMENT.—Coverage of procedures health insurance issuer in connection with a taxed as if it does. This bill is based on under subsection (b)(3) shall be provided if— group health plan in the small or large group this principle, and it remedies a prob- ‘‘(A) the individual has been unable to at- market.’’. lem created by IRS regulations that tain or sustain a successful pregnancy (c) EFFECTIVE DATE.—The amendments control the application of the federal through reasonable, less costly medically ap- made by this section shall apply with respect propriate covered infertility treatments; and to health insurance coverage offered, sold, fuels excise tax to ‘‘dual-use’’ vehicles. ‘‘(B) the procedures are performed at med- issued, renewed, in effect, or operated on or Dual-use vehicles are vehicles that ical facilities that conform with the minimal after January 1, 2002. use fuel both to propel the vehicle on guidelines and standards for assisted repro- SEC. 5. REQUIRED COVERAGE FOR INFERTILITY the road, and also to operate separate, ductive technology of the American College BENEFITS FOR FEDERAL EMPLOY- on-board equipment. The two promi- of Obstetric and Gynecology or the American EES HEALTH BENEFITS PLANS. nent examples of dual-use vehicles are Society for Reproductive Medicine. (a) TYPES OF BENEFITS.—Section 8904(a)(1) concrete mixers, which use fuel to ro- ‘‘(d) PROHIBITIONS.—A group health plan, of title 5, United States Code, is amended by tate the mixing drum, and sanitation and a health insurance issuer providing adding at the end the following: health insurance coverage in connection ‘‘(G) Infertility benefits.’’. trucks, which use fuel to operate the with a group health plan, may not— (b) HEALTH BENEFITS PLAN CONTRACT RE- compactor. Both of these trucks move ‘‘(1) deny to an individual eligibility, or QUIREMENT.—Section 8902 of title 5, United over the road, but at the same time, a continued eligibility, to enroll or to renew States Code, is amended by adding at the end substantial portion of their fuel use is coverage under the terms of the plan because the following: attributable to the non-propulsion of the individual’s or enrollee’s use or poten- ‘‘(p)(1) Each contract under this chapter function. tial use of items or services that are covered shall include a provision that ensures infer- The current problem developed be- in accordance with the requirements of this tility benefits as provided under this sub- cause progress in technology has out- section; section. ‘‘(2) provide monetary payments or rebates ‘‘(2) Infertility benefits under this sub- stripped the regulatory process. In the to a covered individual to encourage such in- section shall include— past, dual-use vehicles commonly had dividual to accept less than the minimum ‘‘(A) diagnostic testing and treatment of two engines. IRS regulations, written protections available under this section; or infertility; in the 1950s, specifically exempt the ‘‘(3) provide incentives (monetary or other- ‘‘(B) drug therapy, artificial insemination, portion of fuel used by the separate en- wise) to a health care professional to induce and low tubal ovum transfers; gine that operates special equipment such professional to withhold from a covered ‘‘(C) in vitro fertilization, intra- such as a mixing drum or a trash com- cytoplasmic sperm injection, gamete dona- individual services described in subsection pactor. These IRS regulations reflect (a). tion, embryo donation, assisted hatching, ‘‘(e) RULES OF CONSTRUCTION.— embryo transfer, gamete intra-fallopian tube the principle that fuel consumed for ‘‘(1) IN GENERAL.—Nothing in this section transfer, zygote intra-fallopian tube trans- non-propulsion purposes is not taxed. shall be construed— fer; and Today, however, typical dual-use ve- ‘‘(A) as preventing a group health plan and ‘‘(D) any other medically indicated non- hicles use only one engine. The single a health insurance issuer providing health experimental services or procedures that are engine both propels the vehicle over insurance coverage in connection with a used to treat infertility or induce pregnancy. the road and powers the non-propulsion group health plan from imposing ‘‘(3)(A)(i) Subject to clause (ii), procedures function through ‘‘power takeoff.’’ A under paragraph (2)(C) shall be limited to 4 deductibles, coinsurance, or other cost-shar- major reason for the growth of these ing or limitations in relation to benefits for completed embryo transfers. services described in this section under the ‘‘(ii) If a live birth follows a completed em- single-engine, power takeoff vehicles is plan, except that such a deductible, coinsur- bryo transfer, 2 additional completed embryo that they use less fuel. And a major ance, or other cost-sharing or limitation for transfers shall be provided. benefit for everyone is that they are any such service may not be greater than ‘‘(B) Procedures under paragraph (2)(C) better for the environment. such a deductible, coinsurance, or cost-shar- shall be provided if— Power takeoff was not in widespread ing or limitation for any similar service oth- ‘‘(i) the individual has been unable to at- use when the IRS regulations were erwise covered under the plan; tain or sustain a successful pregnancy drafted, and the regulations deny an ‘‘(B) as requiring a group health plan and a through reasonable, less costly medically ap- propriate covered infertility treatments; and exemption for fuel used in single-en- health insurance issuer providing health in- gine, dual-use vehicles. The IRS de- surance coverage in connection with a group ‘‘(ii) the procedures are performed at med- health plan to cover experimental or inves- ical facilities that conform with the minimal fends its distinction between one-en- tigational treatments of services described guidelines and standards for assisted repro- gine and two-engine vehicles based on in this section, except to the extent that the ductive technology of the American College possible administrative problems if ve- plan or issuer provides coverage for other ex- of Obstetric and Gynecology or the American hicle owners were permitted to allo- perimental or investigational treatments or Society for Reproductive Medicine.’’. cate fuel between the propulsion and (c) EFFECTIVE DATE.—The amendments services. non-propulsion functions. ‘‘(2) LIMITATIONS.—As used in paragraph made by this section shall apply to contract years beginning on or after January 1, 2002. Our bill is designed to address the ad- (1), the term ‘limitation’ includes restricting ministrative concerns expressed by the the type of health care professionals that may provide such treatments or services. By Mr. BREAUX (for himself and IRS, but at the same time, restore tax ‘‘(f) NOTICE UNDER GROUP HEALTH PLAN.— Mr. ENSIGN): fairness for dual-use vehicles with one The imposition of the requirements of this S. 875. A bill to amend the internal engine. The bill does this by estab- section shall be treated as a material modi- Revenue Code of 1986 to allow a credit lishing an annual tax credit available fication in the terms of the plan described in against income tax for taxpayers own- for taxpayers that own a licensed and section 102(a)(1), for purposes of assuring no- ing certain commercial power takeoff insured concrete mixer or sanitation tice of such requirements under the plan, ex- cept that the summary description required vehicles; to the Committee on Finance. truck with a compactor. The amount of to be provided under the last sentence of sec- Mr. BREAUX. Mr. President, today I the credit is $250 and is a conservative tion 104(b)(1) with respect to such modifica- rise with my colleague Senator ENSIGN estimate of the excise taxes actually tion shall be provided by not later than 60 to introduce the Fuel Tax Equalization paid, based on information compiled on May 14, 2001 CONGRESSIONAL RECORD — SENATE S4895 typical sanitation trucks and concrete ‘‘(c) EXCEPTION FOR VEHICLES USED BY GOV- prepare studies, make recommendations, mixers. ERNMENTS, ETC.—No credit shall be allowed draft international human rights conven- In sum, as a fixed income tax credit, under this section for any vehicle owned by tions and declarations, investigate allega- no audit or administrative issue will any person at the close of a calendar year if tions of human rights violations, and handle arise about the amount of fuel used for such vehicle is used at any time during such communications relating to human rights; year by— Whereas the United States has held a seat the off-road purpose. At the same time, ‘‘(1) the United States or an agency or in- on the United Nations Human Rights Com- the credit provides a rough justice strumentality thereof, a State, a political mission since its creation in 1947; method to make sure these taxpayers subdivision of a State, or an agency or in- Whereas the United States has worked in are not required to pay tax on fuels strumentality of one or more States or polit- the United Nations Human Rights Commis- that they shouldn’t be paying. Also, as ical subdivisions, or sion for 54 years to improve respect for an income tax credit, the proposal ‘‘(2) an organization exempt from tax human rights throughout the world; would have no effect on the highway under section 501(a). Whereas the United Nations Human Rights trust fund. ‘‘(d) DENIAL OF DOUBLE BENEFIT.—The Commission adopted significant resolutions I would like to stress that I believe amount of any deduction under this subtitle condemning ongoing human rights abuses in for any tax imposed by subchapter B of chap- the IRS’ interpretation of the law is Cuba, Iran, Iraq, Chechnya, Congo, Afghani- ter 31 or part III of subchapter A of chapter stan, Equatorial Guinea, Burundi, Rwanda, not consistent with long-held prin- 32 for any taxable year shall be reduced (but Burma, and Sierra Leone in April, 2001 with ciples under the tax law, despite their not below zero) by the amount of the credit the support of the United States; administrative concerns. Quite simply, determined under this subsection for such Whereas, on May 3, 2001, the United States the law should not condone a situation taxable year.’’. was not re-elected to membership in the where taxpayers are required to pay (b) CREDIT MADE PART OF GENERAL BUSI- United Nations Human Rights Commission; the excise tax on fuel attributable to NESS CREDIT.—Subsection (b) of section 38 of Whereas some of the countries elected to non-propulsion functions. This bill cor- the Internal Revenue Code of 1986 (relating the United Nations Human Rights Commis- to general business credit) is amended by sion have been the subject of resolutions by rects an unfair tax that should have striking ‘‘plus’’ at the end of paragraph (12), never been imposed in the first place. I the Commission citing them for human by striking the period at the end of para- rights abuses; and urge my colleagues to cosponsor this graph (13) and inserting ‘‘, plus’’, and by add- Whereas it is important for the United important piece of legislation. ing at the end the following new paragraph: States to be a member of the United Nations I ask unanimous consent that the ‘‘(14) the commercial power takeoff vehi- Human Rights Commission in order to pro- text of the bill be printed in the cles credit under section 45E(a).’’. mote human rights worldwide most effec- RECORD. (c) CLERICAL AMENDMENT.—The table of tively: Now, therefore, be it There being no objection, the bill was sections for subpart D of part IV of sub- Resolved, That it is the sense of the Senate chapter A of chapter 1 of the Internal Rev- ordered to be printed in the RECORD, as that— enue Code of 1986 is amended by adding at follows: (1) the United States has made important the end the following new item: contributions to the United Nations Human S. 875 ‘‘Sec. 45E. Commercial power takeoff vehi- Rights Commission for the past 54 years; Be it enacted by the Senate and House of Rep- cles credit.’’. (2) the recent loss of membership of the resentatives of the United States of America in (d) EFFECTIVE DATE.—The amendments United States on the United Nations Human Congress assembled, made by this section shall apply to taxable Rights Commission is a setback for human SECTION 1. SHORT TITLE. years ending after December 31, 2000. rights throughout the world; and This Act may be cited as the ‘‘Fuel Tax (3) the Administration should work with f Equalization Credit for Substantial Power the European allies of the United States and Takeoff Vehicles Act’’. STATEMENTS ON SUBMITTED other nations to restore the membership of SEC. 2. CREDIT FOR TAXPAYERS OWNING COM- RESOLUTIONS the United States on the United Nations MERCIAL POWER TAKEOFF VEHI- Human Rights Commission. CLES. (a) IN GENERAL.—Subpart D of part IV of S. RES. 88 subchapter A of chapter 1 of the Internal SENATE RESOLUTION 88—EX- Mr. KENNEDY. Mr. President, today, Revenue Code of 1986 (relating to business-re- PRESSING THE SENSE OF THE Senator LUGAR and I are introducing a lated credits) is amended by adding at the SENATE ON THE IMPORTANCE resolution expressing our concern over end the following new section: OF MEMBERSHIP OF THE UNITED the recent loss of the U.S. seat on the ‘‘SEC. 45E. COMMERCIAL POWER TAKEOFF VEHI- STATES ON THE UNITED NA- United Nations Human Rights Commis- CLES CREDIT. TIONS HUMAN RIGHTS COMMIS- sion. We are pleased that Senators ‘‘(a) GENERAL RULE.—For purposes of sec- SION tion 38, the amount of the commercial power LEAHY, BROWNBACK, BIDEN, SNOWE, takeoff vehicles credit determined under this Mr. KENNEDY (for himself, Mr. KERRY, GORDON SMITH, TORRICELLI, section for the taxable year is $250 for each LUGAR, Mr. LEAHY, Mr. BROWNBACK, CHAFEE, CORZINE, ALLEN, AKAKA, qualified commercial power takeoff vehicle Mr. BIDEN, Ms. SNOWE, Mr. KERRY, Mr. LIEBERMAN, BAYH, BINGAMAN, FEIN- owned by the taxpayer as of the close of the SMITH of Oregon, Mr. TORRICELLI, Mr. GOLD, LEVIN, REED, KOHL, DURBIN, calendar year in which or with which the CHAFEE, Mr. CORZINE, Mr. ALLEN, Mr. JOHNSON, SARBANES, WELLSTONE, and taxable year of the taxpayer ends. AKAKA, Mr. LIEBERMAN, Mr. BAYH, Mr. BOXER are cosponsors of this resolu- ‘‘(b) DEFINITIONS.—For purposes of this section— BINGAMAN, Mr. FEINGOLD, Mr. LEVIN, tion. ‘‘(1) QUALIFIED COMMERCIAL POWER TAKEOFF Mr. REED, Mr. KOHL, Mr. DURBIN, Mr. We are deeply concerned that in the VEHICLE.—The term ‘qualified commercial JOHNSON, Mr. SARBANES, Mr. vote on May 3, the United States was power takeoff vehicle’ means any highway WELLSTONE, Mrs. BOXER, Mr. MCCAIN, not re-elected to membership on the vehicle described in paragraph (2) which is and Mrs. CLINTON) submitted the fol- Commission. The Commission is the propelled by any fuel subject to tax under lowing resolution; which was referred most important and visible inter- section 4041 or 4081 if such vehicle is used in to the Committee on Foreign Rela- national body dealing with the pro- a trade or business or for the production of tions: motion and protection of human rights income (and is licensed and insured for such and is the main policy-making organi- use). S. RES. 88 zation dealing with human rights ‘‘(2) HIGHWAY VEHICLE DESCRIBED.—A high- Whereas the United States played a crit- way vehicle is described in this paragraph if ical role in drafting the Universal Declara- issues in the United Nations. The 53 such vehicle is— tion of Human Rights, which outlines the member governments of the Human ‘‘(A) designed to engage in the daily collec- universal rights promoted and protected by Rights Commission prepare studies, tion of refuse or recyclables from homes or the United Nations Human Rights Commis- make recommendations, draft inter- businesses and is equipped with a mechanism sion; national human rights conventions and under which the vehicle’s propulsion engine Whereas the United Nations Human Rights declarations, investigate allegations of provides the power to operate a load com- Commission is the most important and visi- human rights violations, and handle pactor, or ble international entity dealing with the communications relating to human ‘‘(B) designed to deliver ready mixed con- promotion and protection of universal crete on a daily basis and is equipped with a human rights and is the main policy-making rights. mechanism under which the vehicle’s propul- entity dealing with human rights issues The United States has held a seat on sion engine provides the power to operate a within the United Nations; the Commission since its creation in mixer drum to agitate and mix the product Whereas the 53 member governments of the 1947 and has worked effectively en route to the delivery site. United Nations Human Rights Commission through the Commission for the past S4896 CONGRESSIONAL RECORD — SENATE May 14, 2001 fifty-four years to improve respect for In lieu of the matter proposed to be in- MEASURE READ THE FIRST human rights throughout the world. It serted, insert the following: TIME—S. 872 is essential for the United States to re- TITLE ll—EQUAL ACCESS TO PUBLIC Mr. JEFFORDS. Mr. President, I un- gain its position on the Commission SCHOOL FACILITIES derstand that S. 872, introduced earlier and to continue to promote human SEC. ll1. SHORT TITLE. today by Senators MCCAIN, EDWARDS, rights worldwide. and KENNEDY, is at the desk, and I ask The loss of membership on the Com- This title may be cited as the ‘‘Boy Scouts of America Equal Access Act’’. for its first reading. mission is a diplomatic setback for the SEC. ll2. EQUAL ACCESS. The PRESIDING OFFICER. The United States and for human rights clerk will report the bill by title. worldwide. Our resolution emphasizes (a) IN GENERAL.—Notwithstanding any The assistant legislative clerk read other provision of law, no funds made avail- the important contributions of the U.S. as follows: to the Commission, and it urges the able through the Department of Education shall be provided to any public elementary A bill (S. 872) to amend the Public Health Administration to work with our Euro- school, public secondary school, local edu- Service Act, the Employee Retirement In- pean allies and other nations to restore cational agency, or State educational agen- come Security Act of 1974, and the Internal the membership of the United States cy, if the school or a school served by the Revenue Code of 1986 to protect consumers in on the United Nations Human Rights agency— managed care plans and other health cov- Commission as soon as possible. (1) has a designated open forum; and erage. I urge my colleagues to support this (2) denies equal access or a fair oppor- Mr. JEFFORDS. I now ask for its resolution. tunity to meet to, or discriminates against, second reading and object to my own any group affiliated with the Boy Scouts of request. f America or any other youth group that wish- The PRESIDING OFFICER. Objec- AMENDMENT PREVIOUSLY es to conduct a meeting within that des- tion is heard. SUBMITTED ON MAY 9, 2001 ignated open forum, on the basis of the mem- bership or leadership criteria of the Boy The bill will be read a second time on SA 430. Mr. CLELAND submitted an Scouts of America or of the youth group that the next legislative day. amendment intended to be proposed by him prohibit the acceptance of homosexuals, or f to the bill S. 1, to extend programs and ac- individuals who reject the Boy Scouts’ or the tivities under the Elementary and Secondary youth group’s oath of allegiance to God and PUBLIC SAFETY OFFICER MEDAL Education Act of 1965; which was ordered to country, as members or leaders. OF VALOR ACT OF 2001 lie on the table. (b) TERMINATION OF ASSISTANCE AND OTHER Mr. JEFFORDS. Mr. President, I ask f ACTION.— unanimous consent that the Senate TEXT OF AMENDMENT PRE- (1) DEPARTMENTAL ACTION.—The Secretary now proceed to the consideration of is authorized and directed to effectuate sub- VIOUSLY SUBMITTED ON MAY 9, section (a) by issuing, and securing compli- Calendar No. 37, S. 39. 2001 ance with, rules or orders with respect to a The PRESIDING OFFICER. The SA 430. Mr. CLELAND submitted an public school or agency that receives funds clerk will state the bill by title. amendment intended to be proposed by made available through the Department of The assistant legislative clerk read him to the bill S. 1, to extend programs Education and that denies equal access, or a as follows: fair opportunity to meet, or discriminates, and activities under the Elementary A bill (S. 39) to provide a national medal as described in subsection (a). for public safety officers who act with ex- and Secondary Education Act of 1965; (2) PROCEDURE.—The Secretary shall issue which was ordered to lie on the table; traordinary valor above and beyond the call and secure compliance with the rules or or- of duty, and for other purposes. as follows: ders, under paragraph (1), in a manner con- There being no objection, the Senate On page 480, line 12, strike the period at sistent with the procedure used by a Federal the end and insert a semicolon and the fol- department or agency under section 602 of proceeded to consider the bill, which lowing: the Civil Rights Act of 1964 (42 U.S.C. 2000d– had been reported from the Committee ‘‘(6) other instructional services that are 1). on the Judiciary with an amendment designed to assist immigrant students to (3) JUDICIAL REVIEW.—Any action taken by to strike all after the enacting clause achieve in elementary and secondary schools the Secretary under paragraph (1) shall be and insert in lieu thereof the following: subject to the judicial review described in in the United States, such as literacy pro- SECTION 1. SHORT TITLE. section 603 of that Act (42 U.S.C. 2000d–2). grams, programs of introduction to the edu- This Act may be cited as the ‘‘Public Safety Any person aggrieved by the action may ob- cational system, and civics education; and Officer Medal of Valor Act of 2001’’. ‘‘(7) activities, coordinated with commu- tain that judicial review in the manner, and SEC. 2. AUTHORIZATION OF MEDAL. nity-based organizations, institutions of to the extent, provided in section 603 of that After September 1, 2001, the President may higher education, private sector entities, or Act. award, and present in the name of Congress, a other entities with expertise in working with (c) DEFINITIONS AND RULE.— Medal of Valor of appropriate design, with rib- immigrants, to assist parents of immigrant (1) DEFINITIONS.—In this section: bons and appurtenances, to a public safety offi- students by offering comprehensive commu- (A) ELEMENTARY SCHOOL; LOCAL EDU- cer who is cited by the Attorney General, upon nity social services, such as English as a sec- CATIONAL AGENCY; SECONDARY SCHOOL; STATE the recommendation of the Medal of Valor Re- ond language courses, health care, job train- EDUCATIONAL AGENCY.—The terms ‘‘elemen- view Board, for extraordinary valor above and ing, child care, and transportation serv- tary school’’, ‘‘local educational agency’’, beyond the call of duty. The Public Safety ices.’’. ‘‘secondary school’’, and ‘‘State educational Medal of Valor shall be the highest national agency’’ have the meanings given the terms f award for valor by a public safety officer. in section 3 of the Elementary and Sec- AMENDMENTS SUBMITTED AND ondary Education Act of 1965. SEC. 3. MEDAL OF VALOR BOARD. PROPOSED (B) SECRETARY.—The term ‘‘Secretary’’ (a) ESTABLISHMENT OF BOARD.—There is es- means the Secretary of Education, acting tablished a Medal of Valor Review Board (here- SA 648. Mr. HELMS proposed an amend- through the Assistant Secretary for Civil inafter in this Act referred to as the ‘‘Board’’), ment to amendment SA 574 proposed by Mr. Rights of the Department of Education. which shall be composed of 11 members ap- HELMS to the amendment SA 358 proposed by (C) YOUTH GROUP.—The term ‘‘youth pointed in accordance with subsection (b) and Mr. JEFFORDS to the bill (S. 1) to extend pro- group’’ means any group or organization in- shall conduct its business in accordance with grams and activities under the Elementary tended to serve young people under the age this Act. and Secondary Education Act of 1965. of 21. (b) MEMBERSHIP.— f (2) RULE.—For purposes of this section, an (1) MEMBERS.—The members of the Board shall be individuals with knowledge or exper- TEXT OF AMENDMENTS elementary school or secondary school has a designated open forum whenever the school tise, whether by experience or training, in the SA 648. Mr. HELMS proposed an involved grants an offering to or opportunity field of public safety, of which— amendment to amendment SA 574 pro- for 1 or more youth or community groups to (A) two shall be appointed by the majority posed by Mr. HELMS to the amendment meet on school premises or in school facili- leader of the Senate; (B) two shall be appointed by the minority SA 358 proposed by Mr. JEFFORDS to ties before or after the hours during which attendance at the school is compulsory. leader of the Senate; the bill (S. 1) to extend programs and (C) two shall be appointed by the Speaker of activities under the Elementary and SEC. ll3. EFFECTIVE DATE. the House of Representatives; Secondary Education Act of 1965; as This title takes effect 1 day after the date (D) two shall be appointed by the minority follows: of enactment of this Act. leader of the House of Representatives; and May 14, 2001 CONGRESSIONAL RECORD — SENATE S4897 (E) three shall be appointed by the President, chapter I of chapter 57 of title 5, United States On May 18, 1999, I was privileged to including one with experience in firefighting, Code, while away from their homes or regular be on the floor of the Senate when we one with experience in law enforcement, and places of business in the performance of service proceeded to consider S. 39 and passed one with experience in emergency services. for the Board. it unanimously. I took that occasion to (2) TERM.—The term of a Board member shall SEC. 5. DEFINITIONS. commend Senator STEVENS and all who be 4 years. In this Act: (3) VACANCIES.—Any vacancy in the member- (1) PUBLIC SAFETY OFFICER.—The term ‘‘pub- had worked so hard to move this meas- ship of the Board shall not affect the powers of lic safety officer’’ means a person serving a pub- ure in a timely way. That was almost the Board and shall be filled in the same man- lic agency, with or without compensation, as a two years ago, during National Police ner as the original appointment. firefighter, law enforcement officer, or emer- Week of 1999. The measure was sent to (4) OPERATION OF THE BOARD.— gency services officer, as determined by the At- the House where it lay dormant for the (A) CHAIRMAN.—The Chairman of the Board torney General. For the purposes of this para- rest of the last Congress. That delay shall be elected by the members of the Board graph, the term ‘‘law enforcement officer’’ in- was most unfortunate. from among the members of the Board. cludes a person who is a corrections or court of- Again, in this Congress, I have (B) MEETINGS.—The Board shall conduct its ficer or a civil defense officer. first meeting not later than 90 days after the ap- (2) STATE.—The term ‘‘State’’ means each of worked with Senator STEVENS, Senator pointment of the last member appointed of the the several States of the United States, the Dis- HATCH, and others to prefect the final initial group of members appointed to the trict of Columbia, the Commonwealth of Puerto version of this bill and finally get it en- Board. Thereafter, the Board shall meet at the Rico, the Virgin Islands, Guam, American acted into law. We have crafted bipar- call of the Chairman of the Board. The Board Samoa, and the Commonwealth of the Northern tisan improvements to ensure that the shall meet not less often than twice each year. Mariana Islands. Medal of Valor Board will work effec- (C) VOTING AND RULES.—A majority of the SEC. 6. AUTHORIZATION OF APPROPRIATIONS. tively and efficiently with the National members shall constitute a quorum to conduct There are authorized to be appropriated to the Medal of Valor Office within the De- business, but the Board may establish a lesser Attorney General such sums as may be nec- quorum for conducting hearings scheduled by essary to carry out this Act. partment of Justice. Our legislation should establish both of these entities the Board. The Board may establish by majority SEC. 7. NATIONAL MEDAL OF VALOR OFFICE. vote any other rules for the conduct of the There is established within the Department of and it is essential that they work well Board’s business, if such rules are not incon- Justice a National Medal of Valor Office. The together to design the Medal of Valor sistent with this Act or other applicable law. Office shall provide staff support to the Board and to create the criteria and proce- (c) DUTIES.—The Board shall select can- to establish criteria and procedures for the sub- dures for recommendations of nomi- didates as recipients of the Medal of Valor from mission of recommendations of nominees for the nees for the award. The men and among those applications received by the Na- Medal of Valor and for the final design of the women who will be honored by the tional Medal of Valor Office. Not more often Medal of Valor. than once each year, the Board shall present to Medal of Valor for their brave deeds de- SEC. 8. CONFORMING REPEAL. the Attorney General the name or names of serve nothing less. Section 15 of the Federal Fire Prevention and those it recommends as Medal of Valor recipi- I look forward to the President sign- Control Act of 1974 (15 U.S.C. 2214) is ents. In a given year, the Board shall not be re- amended— ing the Public Safety Officer Medal of quired to select any recipients but may not se- (1) by striking subsection (a) and inserting the Valor Act into law. lect more than 5 recipients. The Attorney Gen- following new subsection (a): Mr. JEFFORDS. Mr. President, I ask eral may in extraordinary cases increase the ‘‘(a) ESTABLISHMENT.—There is hereby estab- unanimous consent that the committee number of recipients in a given year. The Board lished an honorary award for the recognition of substitute be agreed to, the bill be read shall set an annual timetable for fulfilling its outstanding and distinguished service by public duties under this Act. the third time and passed, the motion safety officers to be known as the Director’s to reconsider be laid upon the table, (d) HEARINGS.— Award For Distinguished Public Safety Service (1) IN GENERAL.—The Board may hold such (‘Director’s Award’).’’; and that any statements relating to hearings, sit and act at such times and places, (2) in subsection (b)— the bill be printed in the RECORD. administer such oaths, take such testimony, and (A) by striking paragraph (1); and The PRESIDING OFFICER. Without receive such evidence as the Board considers ad- (B) by striking ‘‘(2)’’; objection, it is so ordered. visable to carry out its duties. (3) by striking subsections (c) and (d) and re- The committee amendment in the (2) WITNESS EXPENSES.—Witnesses requested designating subsections (e), (f), and (g) as sub- to appear before the Board may be paid the nature of a substitute was agreed to. sections (c), (d), and (e), respectively; and The bill (S. 39), as amended, was read same fees as are paid to witnesses under section (4) in subsection (c), as so redesignated— 1821 of title 28, United States Code. The per diem (A) by striking paragraph (1); and the third time and passed. and mileage allowances for witnesses shall be (B) by striking ‘‘(2)’’. f paid from funds appropriated to the Board. SEC. 9. CONSULTATION REQUIREMENT. (e) INFORMATION FROM FEDERAL AGENCIES.— The Board shall consult with the Institute of JAMES GUELFF AND CHRIS The Board may secure directly from any Federal Heraldry within the Department of Defense re- MCCURLEY BODY ARMOR ACT OF department or agency such information as the garding the design and artistry of the Medal of 2001 Board considers necessary to carry out its du- Valor. The Board may also consider suggestions Mr. JEFFORDS. Mr. President, I ask ties. Upon the request of the Board, the head of received by the Department of Justice regarding such department or agency may furnish such in- the design of the medal, including those made unanimous consent that the Senate formation to the Board. by persons not employed by the Department. now proceed to the consideration of (f) INFORMATION TO BE KEPT CONFIDEN- Calendar No. 38, S. 166. Mr. LEAHY. Mr. President, I am TIAL.—The Board shall not disclose any infor- The PRESIDING OFFICER. The pleased that the Senate is taking up mation which may compromise an ongoing law clerk will state the bill by title. the Public Safety Officer Medal of enforcement investigation or is otherwise re- The legislative clerk read as follows: quired by law to be kept confidential. Valor Act, S. 39, which was introduced A bill (S. 166) to limit access to body armor SEC. 4. BOARD PERSONNEL MATTERS. by Senator STEVENS, and its House by violent felons and to facilitate the dona- (a) COMPENSATION OF MEMBERS.—(1) Except counterpart, H.R. 802, which already tion of Federal surplus body armor to State as provided in paragraph (2), each member of passed the House of Representatives in and local law enforcement agencies. the Board shall be compensated at a rate equal March. I am proud to be a cosponsor of The Senate proceeded to consider the to the daily equivalent of the annual rate of this important piece of legislation. basic pay prescribed for level IV of the Execu- bill, which had been reported from the I congratulate Senator STEVENS for tive Schedule under section 5315 of title 5, introducing the measure and thank Committee on the Judiciary with an United States Code, for each day (including amendment to strike all after the en- travel time) during which such member is en- him for his leadership. We had worked together on a number of law enforce- acting clause and insert in lieu thereof gaged in the performance of the duties of the the following: Board. ment matters and the senior Senator (2) All members of the Board who serve as of- from Alaska is a stalwart supporter of SECTION 1. SHORT TITLE. ficers or employees of the United States, a State, the men and women who put them- This Act may be cited as the ‘‘James Guelff and Chris McCurley Body Armor Act of 2001’’. or a local government, shall serve without com- selves at risk to protect us all. I looked pensation in addition to that received for those forward to enactment of this measure SEC. 2. FINDINGS. services. Congress finds that— (b) TRAVEL EXPENSES.—The members of the and to seeing the extraordinary her- (1) nationally, police officers and ordinary Board shall be allowed travel expenses, includ- oism of our police, firefighters and cor- citizens are facing increased danger as criminals ing per diem in lieu of subsistence, at rates au- rectional officers recognized with the use more deadly weaponry, body armor, and thorized for employees of agencies under sub- Medal of Valor. other sophisticated assault gear; S4898 CONGRESSIONAL RECORD — SENATE May 14, 2001 (2) crime at the local level is exacerbated by SEC. 5. PROHIBITION OF PURCHASE, USE, OR ficer of the Department of Justice designated by the interstate movement of body armor and POSSESSION OF BODY ARMOR BY the Attorney General, the following officers may other assault gear; VIOLENT FELONS. act as the head of a Federal agency: (a) DEFINITION OF BODY ARMOR.—Section (3) there is a traffic in body armor moving in (A) The Administrator of the Drug Enforce- 921(a) of title 18, United States Code, is amended or otherwise affecting interstate commerce, and ment Administration. by adding at the end the following: existing Federal controls over such traffic do not (B) The Director of the Federal Bureau of In- ‘‘(35) The term ‘body armor’ means any prod- adequately enable the States to control this traf- vestigation. uct sold or offered for sale, in interstate or for- fic within their own borders through the exer- (C) The Commissioner of the Immigration and eign commerce, as personal protective body cov- cise of their police power; Naturalization Service. ering intended to protect against gunfire, re- (D) The Director of the United States Mar- (4) recent incidents, such as the murder of San gardless of whether the product is to be worn shals Service. Francisco Police Officer James Guelff by an as- alone or is sold as a complement to another (2) DEPARTMENT OF THE TREASURY.—In the sailant wearing 2 layers of body armor, a 1997 product or garment.’’. administration of this section with respect to the bank shoot out in north Hollywood, California, (b) PROHIBITION.— Department of the Treasury, in addition to any between police and 2 heavily armed suspects (1) IN GENERAL.—Chapter 44 of title 18, United other officer of the Department of the Treasury outfitted in body armor, and the 1997 murder of States Code, is amended by adding at the end designated by the Secretary of the Treasury, the Captain Chris McCurley of the Etowah County, the following: following officers may act as the head of a Fed- Alabama Drug Task Force by a drug dealer ‘‘§ 931. Prohibition on purchase, ownership, or eral agency: shielded by protective body armor, demonstrate possession of body armor by violent felons (A) The Director of the Bureau of Alcohol, the serious threat to community safety posed by ‘‘(a) IN GENERAL.—Except as provided in sub- Tobacco, and Firearms. criminals who wear body armor during the com- (B) The Commissioner of Customs. mission of a violent crime; section (b), it shall be unlawful for a person to purchase, own, or possess body armor, if that (C) The Director of the United States Secret (5) of the approximately 1,200 officers killed in person has been convicted of a felony that is— Service. the line of duty since 1980, more than 30 percent ‘‘(1) a crime of violence (as defined in section (e) NO LIABILITY.—Notwithstanding any other could have been saved by body armor, and the 16); or provision of law, the United States shall not be risk of dying from gunfire is 14 times higher for ‘‘(2) an offense under State law that would liable for any harm occurring in connection an officer without a bulletproof vest; constitute a crime of violence under paragraph with the use or misuse of any body armor do- (6) the Department of Justice has estimated (1) if it occurred within the special maritime and nated under this section. that 25 percent of State and local police are not territorial jurisdiction of the United States. Mr. JEFFORDS. Mr. President, I ask issued body armor; ‘‘(b) AFFIRMATIVE DEFENSE.— unanimous consent that the committee (7) the Federal Government is well-equipped ‘‘(1) IN GENERAL.—It shall be an affirmative substitute be agreed to, the bill be read to grant local police departments access to body defense under this section that— the third time and passed, the motion armor that is no longer needed by Federal agen- ‘‘(A) the defendant obtained prior written cer- cies; and tification from his or her employer that the de- to reconsider be laid upon the table, and that any statements relating to (8) Congress has the power, under the inter- fendant’s purchase, use, or possession of body state commerce clause and other provisions of armor was necessary for the safe performance of the bill be printed in the RECORD. the Constitution of the United States, to enact lawful business activity; and The PRESIDING OFFICER. Without legislation to regulate interstate commerce that ‘‘(B) the use and possession by the defendant objection, it is so ordered. affects the integrity and safety of our commu- were limited to the course of such performance. The committee amendment in the nities. ‘‘(2) EMPLOYER.—In this subsection, the term nature of a substitute was agreed to. ‘employer’ means any other individual employed SEC. 3. DEFINITIONS. The bill (S. 166), as amended, was by the defendant’s business that supervises de- read the third time and passed. In this Act: fendant’s activity. If that defendant has no su- (1) BODY ARMOR.—The term ‘‘body armor’’ pervisor, prior written certification is acceptable f means any product sold or offered for sale, in from any other employee of the business.’’. COMMEMORATING AND ACKNOWL- interstate or foreign commerce, as personal pro- (2) CLERICAL AMENDMENT.—The analysis for EDGING THE DEDICATION AND chapter 44 of title 18, United States Code, is tective body covering intended to protect against SACRIFICE MADE BY LAW EN- gunfire, regardless of whether the product is to amended by adding at the end the following: FORCEMENT OFFICERS be worn alone or is sold as a complement to an- ‘‘931. Prohibition on purchase, ownership, or other product or garment. possession of body armor by vio- Mr. JEFFORDS. Mr. President, I ask (2) LAW ENFORCEMENT AGENCY.—The term lent felons.’’. unanimous consent that the Senate ‘‘law enforcement agency’’ means an agency of (c) PENALTIES.—Section 924(a) of title 18, proceed to the immediate consider- the United States, a State, or a political subdivi- United States Code, is amended by adding at the ation of Calendar No. 39, S. Res. 63. sion of a State, authorized by law or by a gov- end the following: The PRESIDING OFFICER. The ernment agency to engage in or supervise the ‘‘(7) Whoever knowingly violates section 931 prevention, detection, investigation, or prosecu- shall be fined under this title, imprisoned not clerk will report the resolution by tion of any violation of criminal law. more than 3 years, or both.’’. title. The assistant legislative clerk read (3) LAW ENFORCEMENT OFFICER.—The term SEC. 6. DONATION OF FEDERAL SURPLUS BODY ‘‘law enforcement officer’’ means any officer, ARMOR TO STATE AND LOCAL LAW as follows: agent, or employee of the United States, a State, ENFORCEMENT AGENCIES. A resolution (S. Res. 63) commemorating or a political subdivision of a State, authorized (a) DEFINITIONS.—In this section, the terms and acknowledging the dedication and sac- by law or by a government agency to engage in ‘‘Federal agency’’ and ‘‘surplus property’’ have rifice made by the men and women who have or supervise the prevention, detection, investiga- the meanings given such terms under section 3 lost their lives while serving as law enforce- tion, or prosecution of any violation of criminal of the Federal Property and Administrative ment officers. law. Services Act of 1949 (40 U.S.C. 472). (b) DONATION OF BODY ARMOR.—Notwith- There being no objection, the Senate SEC. 4. AMENDMENT OF SENTENCING GUIDE- standing section 203 of the Federal Property and proceeded to the consideration of the LINES WITH RESPECT TO BODY Administrative Services Act of 1949 (40 U.S.C. resolution. ARMOR. 484), the head of a Federal agency may donate Mr. LEAHY. Mr. President, I am (a) IN GENERAL.—Pursuant to its authority body armor directly to any State or local law proud to be an original cosponsor of under section 994(p) of title 28, United States enforcement agency, if such body armor— this resolution to honor our Federal, Code, the United States Sentencing Commission (1) is in serviceable condition; shall review and amend the Federal sentencing State and local law enforcement offi- (2) is surplus property; and cers who gave the ultimate sacrifice guidelines and the policy statements of the Com- (3) meets or exceeds the requirements of Na- mission, as appropriate, to provide an appro- tional Institute of Justice Standard 0101.03 (as for our public safety. I commend Sen- priate sentencing enhancement for any crime of in effect on the date of enactment of this Act). ator CAMPBELL for his leadership in violence (as defined in section 16 of title 18, (c) NOTICE TO ADMINISTRATOR.—The head of submitting Senate Resolution 63. United States Code) or drug trafficking crime a Federal agency who donates body armor I want to recognize the other cospon- (as defined in section 924(c) of title 18, United under this section shall submit to the Adminis- sors of the resolution on the Senate Ju- States Code) (including a crime of violence or trator of General Services a written notice iden- diciary Committee: Senators HATCH, drug trafficking crime that provides for an en- tifying the amount of body armor donated and KENNEDY, THURMOND, BIDEN, GRASSLEY, hanced punishment if committed by the use of a each State or local law enforcement agency that KOHL, DEWINE, FEINSTEIN, SESSIONS, deadly or dangerous weapon or device) in which received the body armor. the defendant used body armor. (d) DONATION BY CERTAIN OFFICERS.— FEINGOLD, BROWNBACK, SCHUMER, (b) SENSE OF CONGRESS.—It is the sense of (1) DEPARTMENT OF JUSTICE.—In the adminis- MCCONNELL, and DURBIN. Congress that any sentencing enhancement tration of this section with respect to the De- Since my time as a State prosecutor, under this section should be at least 2 levels. partment of Justice, in addition to any other of- I have always taken a keen interest in May 14, 2001 CONGRESSIONAL RECORD — SENATE S4899 law enforcement in Vermont and Whereas peace officers are on the front line Senate stand in recess from the hours around the country. Vermont has the in preserving the right of the children of the of 12:30 p.m. to 2:15 p.m. for the weekly reputation of being one of the safest United States to receive an education in a policy conferences to meet. States in which to live, work and visit, crime-free environment, a right that is all The PRESIDING OFFICER. Without too often threatened by the insidious fear and rightly so. In no small part, this is caused by violence in schools; objection, it is so ordered. due to the hard work of those who have Whereas 150 peace officers lost their lives f sworn to serve and protect us, and we in the line of duty in 2000, and a total of should do what we can to honor them nearly 15,000 men and women serving as PROGRAM and their families. peace officers have now made that supreme Mr. JEFFORDS. Mr. President, for Our Nation’s law enforcement offi- sacrifice; the information of all Senators, the Whereas every year, 1 in 9 peace officers is cers put their lives at risk in the line Senate will resume consideration of of duty everyday. No one knows when assaulted, 1 in 25 peace officers is injured, and 1 in 4,400 peace officers is killed in the the Murray amendment regarding class danger will appear. Unfortunately, in line of duty; and size at 10:30 tomorrow morning. Under today’s violent world, even a traffic Whereas, on May 15, 2001, more than 15,000 the previous order, there will be up to stop may not necessarily be ‘‘routine.’’ peace officers are expected to gather in the 2 hours for debate on the amendment Each and every law enforcement offi- Nation’s Capital to join with the families of with a vote scheduled to occur at 2:20 cer across the Nation deserves our their recently fallen comrades to honor p.m. following the policy luncheons. heartfelt respect and appreciation on those comrades and all others who went be- There are numerous amendments cur- Peace Officers Memorial Day. fore them: Now, therefore, be it Resolved, That the Senate— rently pending, and further amend- Mr. KOHL. Mr. President, I rise ments will be offered during tomor- today in support of S. Res. 63, recog- (1) recognizes May 15, 2001, as Peace Offi- cers Memorial Day, in honor of Federal, row’s session. Therefore, votes are ex- nizing the dedication and sacrifice of State, and local officers killed or disabled in pected throughout the afternoon and the men and women who have lost the line of duty; and into the evening. their lives while serving as public safe- (2) calls upon the people of the United ty officers. States to observe this day with appropriate f On Sunday, May 13, 2001, in a candle- ceremonies and respect. ADJOURNMENT UNTIL 10:30 A.M. light vigil, the names of 313 officers, f TOMORROW many of whom were lost during the past year, were added to the National PUBLIC SAFETY OFFICER MEDAL Mr. JEFFORDS. Mr. President, if Law Enforcement Officers Memorial. OF VALOR ACT OF 2001 there is no further business to come be- Sadly, every year we add hundreds of Mr. JEFFORDS. Mr. President, I ask fore the Senate, I now ask unanimous names to this Memorial in a fitting unanimous consent that the Senate consent that the Senate stand in ad- honor, but also a terribly painful com- proceed to the consideration of Cal- journment under the previous order. mendation to the people who risk their endar No. 40, H.R. 802. There being no objection, the Senate, lives every day to protect our commu- The PRESIDING OFFICER. The at 7:14 p.m., adjourned until Tuesday, nities. clerk will report the bill by title. May 15, 2001, at 10:30 a.m. Wisconsin owes five officers a special The assistant legislative clerk read f tribute today for their service. I would as follows: NOMINATIONS like to honor them again by placing A bill (H.R. 802) to authorize the Public their names in the RECORD along with Safety Officer Medal of Valor, and for other Executive nominations received by the date of their untimely passing. purposes. the Senate May 14, 2001: Sung Hui Bang of Milwaukee Coun- There being no objection, the Senate DEPARTMENT OF DEFENSE ty—8/17/2000; Edward R. Hoffman of proceeded to consider the bill. PETER W. RODMAN, OF THE DISTRICT OF COLUMBIA, TO Marinette County—5/26/2000; Frank Mr. JEFFORDS. Mr. President, I ask BE AN ASSISTANT SECRETARY OF DEFENSE, VICE ED- WARD L. WARNER, III. Moran of Darlington—5/8/1927; Todd unanimous consent that the bill be DEPARTMENT OF TRANSPORTATION Jeffrey Stamper of Crandon—7/15/2000; read a third time and passed, the mo- Ralph Edward Zylka of Milwaukee ALLAN RUTTER, OF TEXAS, TO BE ADMINISTRATOR OF tion to reconsider be laid upon the THE FEDERAL RAILROAD ADMINISTRATION, VICE County—8/17/2000. table, and any statements relating to JOLENE MORTIZ MOLITORIS, RESIGNED. I only hope that these moments of the bill be printed in the RECORD. DEPARTMENT OF THE INTERIOR recognition bring some solace to the The PRESIDING OFFICER. Without PATRICIA LYNN SCARLETT, OF CALIFORNIA, TO BE AN officers’ families and express our ap- objection, it is so ordered. ASSISTANT SECRETARY OF THE INTERIOR, VICE M. JOHN preciation for their service. We are for- The bill (H.R. 802) was read the third BERRY. ever in their debt. time and passed. ENVIRONMENTAL PROTECTION AGENCY Mr. JEFFORDS. Mr. President, I ask GEORGE TRACY MEHAN, III, OF MICHIGAN, TO BE AN f ASSISTANT ADMINISTRATOR OF THE ENVIRONMENTAL unanimous consent that the resolution PROTECTION AGENCY, VICE J. CHARLES FOX, RESIGNED. be agreed to, the preamble be agreed ORDERS FOR TUESDAY, MAY 15, DEPARTMENT OF THE TREASURY to, the motion to reconsider be laid 2001 BRIAN CARLTON ROSEBORO, OF NEW JERSEY, TO BE AN upon the table, and any statements re- Mr. JEFFORDS. Mr. President, I ask ASSISTANT SECRETARY OF THE TREASURY, VICE LEWIS lating to the resolution be printed in unanimous consent that when the Sen- ANDREW SACHS, RESIGNED. the RECORD. ate completes its business today, it ad- DEPARTMENT OF STATE The PRESIDING OFFICER. Without journ until the hour of 10:30 a.m. on PAUL VINCENT KELLY, OF VIRGINIA, TO BE AN ASSIST- objection, it is so ordered. ANT SECRETARY OF STATE (LEGISLATIVE AFFAIRS), Tuesday, May 15. I further ask unani- VICE BARBARA MILLS LARKIN. The resolution (S. Res. 63) was agreed mous consent that on Tuesday, imme- JOHN D. NEGROPONTE, OF THE DISTRICT OF COLUMBIA, to. TO BE A REPRESENTATIVE OF THE UNITED STATES OF diately following the prayer, the Jour- AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY The preamble was agreed to. nal of proceedings be approved to date, OF THE UNITED NATIONS DURING HIS TENURE OF SERV- The resolution, with its preamble, ICE AS REPRESENTATIVE OF THE UNITED STATES OF the morning hour be deemed expired, AMERICA TO THE UNITED NATIONS. reads as follows: the time for the two leaders be re- JOHN D. NEGROPONTE, OF THE DISTRICT OF COLUMBIA, S. RES. 63 TO BE THE REPRESENTATIVE OF THE UNITED STATES OF served for their use later in the day, AMERICA TO THE UNITED NATIONS, WITH THE RANK AND Whereas the well-being of all citizens of and the Senate then resume consider- STATUS OF AMBASSADOR EXTRAORDINARY AND PLENI- the United States is preserved and enhanced ation of the Murray amendment as POTENTIARY, AND THE REPRESENTATIVE OF THE as a direct result of the vigilance and dedica- UNITED STATES OF AMERICA IN THE SECURITY COUNCIL under the previous order. OF THE UNITED NATIONS. tion of law enforcement personnel; THE JUDICIARY Whereas more than 700,000 men and The PRESIDING OFFICER. Without women, at great risk to their personal safe- objection, it is so ordered. LYNN LEIBOVITZ, OF THE DISTRICT OF COLUMBIA, TO Mr. JEFFORDS. Mr. President, fur- BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF ty, presently serve their fellow citizens as THE DISTRICT OF COLUMBIA FOR THE TERM OF FIFTEEN guardians of peace; ther, I ask unanimous consent that the YEARS, VICE STEPHEN G. MILLIKEN, RETIRED. May 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E789 EXTENSIONS OF REMARKS

FOREIGN RELATIONS AUTHORIZA- recognize the significance of the National motion of basic research and education in the TION ACT, FISCAL YEARS 2002 Science Foundation to our nation’s successes sciences and engineering. Strengthen re- AND 2003 in basic research. The National Science Foun- search and education innovation in the dation is an independent U.S. government sciences and engineering, including inde- SPEECH OF agency responsible for promoting science and pendent research by individuals, throughout HON. JOSEPH CROWLEY engineering through programs that invest over the United States. OF NEW YORK $3.3 billion per year in almost 20,000 research The NSF is also challenging our nation’s IN THE HOUSE OF REPRESENTATIVES and education projects in science and engi- basic research programs by supporting activi- Thursday, May 10, 2001 neering. ties designed to increase the participation of Since the National Science Foundation was women and minorities and others underrep- The House in Committee of the Whole established in May 1950 it has provided sup- resented in science and technology. House on the State of the Union had under port for scientific achievement across the I would hope that as the deliberative proc- consideration the bill (H.R. 1646) to authorize United States. It is currently responsible for ess of this body continues that we will find it appropriations for the Department of State for fiscal years 2002 and 2003, and for other funding nearly 20,000 research and education in our nation’s best interest to increase the purposes: projects in science and engineering and has NSF’s budget by 15 percent or more. It goes Mr. CROWLEY. Mr. Chairman, I rise today provided financial support for more than half of without question within and outside of the fed- in firm opposition to the amendment offered by the nation’s Nobel laureates in physics, chem- eral government that the NSF provides the istry and economics. basic knowledge that leads to innovation that Chairman HYDE, ranking member Mr. LANTOS of the International Relations Committee, and This resolution recognizes the significance revitalized our economy in the form of the Mr. SWEENEY. of half a century of service from the National Internet. The NSF was responsible for the This week, the United States was voted off Science Foundation (NSF). It also recommits management of the Internet until just a few of the United Nations Human Rights Commis- Congress to supporting the NSF’s research, years ago, and provided the foundation for the sion and the International Narcotics Control education and technological advancement commercialization that we see today. Board. Though it is unfortunate that the United goals for the next half-century. The budget resolution conference report States will not be a member of these commis- The NSF initiates and supports, through cuts the funding level for General Science, sions during the next rotation, that does not grants and contracts, scientific and engineer- Space and Technology, which appropriates preclude us from being instrumental in shap- ing research and programs to strengthen sci- funds for the NSF, NASA and DOE non-de- ing human rights and drug policies throughout entific and engineering research potential, and fense programs, by $600 million below the the world. education programs at all levels, and appraise level in the House-passed version and $1.2 Whether our exclusion from these commis- the impact of research upon industrial devel- billion below the Senate-passed version. The sions was a result of decisions by the Bush opment and the general welfare. Award grad- Senate had added funds to these areas of Administration on the Kyoto Protocol or the uate fellowships in the sciences and in engi- federal basic research expressly to provide a ABM treaty, or the result of years of festering neering. 15% budget increase for NSF, 14.7% for DOE anti-American sentiment, we must accept the The NSF also encourages interchange of and 4% for NASA by the adoption of the decision of the member states of the United scientific information among scientists and en- Bond/Mikulski amendment. Nations. As the leader of the international gineers in the United States and foreign coun- The new number for federal support of the community, we must set an example for the tries. They support the development and use NSF, NASA, and DOE non-defense programs rest of the world to follow. We must persevere of computers and other scientific methods and is 2.6% above the Fiscal Year 2001 level, in the face of adversity. technologies, primarily for research and edu- which is in adequate funding for NSF and the By making our payment of UN arrears con- cation in the sciences. other agencies that are the main supporters of tingent upon the U.S. return to the United Na- This tool of the federal government offers research in the physical sciences and mathe- tions Human Rights Commission runs counter valuable insight into the status and needs of matics in our nation. to the principles of cooperation that we expect the various sciences and engineering and take Our nation’s current shortage in the number from the other members of the United Nations. into consideration the results of this evaluation of science, mathematics, and engineering We are punishing not only the countries of in correlating its research and educational pro- graduates is being felt across the country. the Western European and other groupings for grams with other Federal and non-Federal With the work of the NSF, these problems can not supporting us, but the entire UN body. programs. and will be addressed in ways that are cre- Instead, we need to work on mending The NSF maintain a current register of sci- ative and proactive. fences with nations around the world to dem- entific and technical personnel, and in other I urge my Colleagues to support this resolu- onstrate that we are ready and willing to work ways provide a central clearinghouse for the tion honoring the work done by the NSF over with them, not against them. collection, interpretation, and analysis of data the last 50 years. We need to pay our arrears that are long on scientific and technical resources in the f overdue. We made a commitment to the inter- United States, and provide a source of infor- national community that we must uphold. mation for policy formulation by other Federal HONORING NATIONAL SCIENCE Therefore, I strongly encourage my col- agencies. FOUNDATION FOR 50 YEARS OF leagues to vote against the Hyde-Lantos- This agency determines the total amount of SERVICE Sweeney amendment. Federal money received by universities and f appropriate organizations for the conduct of SPEECH OF HONORING NATIONAL SCIENCE scientific and engineering research, including HON. SHERWOOD L. BOEHLERT FOUNDATION FOR 50 YEARS OF both basic and applied, and construction of fa- OF NEW YORK SERVICE cilities where such research is conducted, but IN THE HOUSE OF REPRESENTATIVES excluding development, and report annually Tuesday, May 8, 2001 SPEECH OF thereon to the President and the Congress. HON. SHEILA JACKSON-LEE They initiate and support specific scientific Mr. BOEHLERT. Mr. Speaker, today, under and engineering activities in connection with the leadership of my able colleague NICK OF TEXAS matters relating to international cooperation, SMITH, Congress is commemorating fifty years IN THE HOUSE OF REPRESENTATIVES national security, and the effects of scientific worth of accomplishment by one of the gems Tuesday, May 8, 2001 and technological applications upon society. of our nation—the National Science Founda- Ms. JACKSON-LEE of Texas. Mr. Speaker, The NSF also recommends and encourages tion. For fifty years, the National Science I am pleased to be a sponsor to this effort to the pursuit of national policies for the pro- Foundation has represented an investment in

∑ 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 112000 01:55 May 15, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MY8.000 pfrm01 PsN: E14PT1 E790 CONGRESSIONAL RECORD — Extensions of Remarks May 14, 2001 our nation’s future, through the Foundation’s BRONX COMMUNITY COLLEGE has also been awarded several honorary de- funding for world class research across the HALL OF FAME 10K RUN grees, including a Doctor of Divinity by the gamut of scientific disciplines. This work in Richmond Virginia Seminary, Doctor of Hu- fundamental science has provided the building HON. JOSE´ E. SERRANO mane Letters by Shaw University and Doctor blocks for many of the technologies that we OF NEW YORK of Divinity by Shaw Divinity School. Doctor Forbes was active in the civil rights depend upon today—for example, bio- IN THE HOUSE OF REPRESENTATIVES movement during the 1960’s having served as technology, the Internet, and aerospace mate- Monday, May 14, 2001 the North Carolina representative for the Stu- rials. We depend on this type of research to Mr. SERRANO. Mr. Speaker, it is with joy dent Non-Violent Coordinating Committee find its way into our commercial products, that I rise today to once again pay tribute to (SNCC). Doctor Forbes came to the gospel medical systems and treatments, and even Bronx Community College, which held its 23rd ministry after an extensive career in education, defense technologies. We also leverage this Anniversary Hall of Fame 10K Run on Satur- which included teaching at the elementary and research for its training of our future scientific day, May 12, 2001. university levels. He was also involved in and technology leaders—in universities, indus- The Hall of Fame 10K Run was founded in counseling and social program administration. try, and government. 1978 by Bronx Community College’s third In addition to the ministerial role, he was As- President, Dr. Roscoe C. Brown. Its mission is sistant Professor and Director of Admission, Over the past 50 years, NSF’s reach has to highlight the Hall of Fame for Great Ameri- School of Social Work, Virginia Common- extended beyond the lab and into the class- cans, a national institution dedicated to those wealth University for some twelve years. From room and even the home. The NSF supports who have helped make America great. 1979–1984 Dr. Forbes served as Pastor of St. projects at museums, science centers, and The tradition continues, first under the lead- Peter Baptist Church, Glen Allen/Richmond, planetaria that reach about 50 million people. ership of Acting President, Dr. Leo A. Corbie Virginia; and from 1983–1990 Senior Minister The figure doubles to 100 million for the audi- and now under Dr. Carolyn G. Williams, the and Pastor of Martin Street Baptist Church, ences of radio, television, and film programs first woman President of Bronx Community Raleigh, North Carolina. Dr. Forbes currently on science. And in our nation’s schools, NSF College. Both Dr. Corbie and Dr. Williams serves as Consultant to the President and has been leading the way in improving the have endorsed and follow the commitment Dean of The Shaw Divinity School. math and science education of students of all made by Dr. Brown to promote physical well- Doctor Forbes has also volunteered on nu- being as well as higher education. merous committees and boards. He currently ages. In many innovative programs, they have As one who has run the Hall of Fame 10K serves on the Human Services Taskforce of used their unique position to bring our nation’s Run, I can attest that the excitement it gen- The North Carolina Local Government Part- leading scientific researchers and their discov- erates brings the entire city together. It is a nership Council, the Board of Building To- eries into the classroom, to bring the excite- celebration and an affirmation of life. It feels gether Ministries, Board of The United Way of ment of science and learning to our children. wonderful to enable more than 400 people to Wake County, and the South-East Raleigh Im- I am pleased that the President has acknowl- have this experience—one that will change the provement Commission. In addition, he has a edged their excellent work in education by lives of many of them. It is an honor for me number of publications to his credit. In fact, he naming the National Science Foundation as to join once again the hundreds of joyful peo- is in broad demand as an evangelist, church the lead agency for the Math and Science ple who will run along the Grand Concourse, development consultant, workshop facilitator Partnership element of his education initiative, University Avenue and West 181 Street and to and keynoter. No Child Left Behind. savor the variety of their celebrations. There’s Dr. Forbes is married to the former Hazel no better way to see our Bronx community. Baldwin of Lake Waccamaw, North Carolina. Through my work on the Science Com- For its first 20 years, Professor Henry A. He is the father of three children, a son, Rev- mittee, and in discussions with scientists, cor- Skinner has coordinated the Bronx Community erend David C. Forbes, Jr., founder and Pas- porate technology leaders, and even my con- College Hall of Fame 10K race, a healthy tor of the Columbus Christian Center, Colum- stituents back home, I have become very fa- competition which brings together runners of bus, Ohio, and two daughters, Mrs. Cheryl miliar with the NSF. I have come to have great all ages from the five boroughs of New York Forbes Lassiter, a banker in Raleigh, and respect for the work that the NSF, its leader- City. He is also the President of Unity and Denise Colene Forbes, a music teacher in ship and staff, and the thousands of scientists Strength, the organization of minority faculty, Bronx, New York. Dr. Forbes proudly answers and educators who are funded by the agency staff, and administrators of Bronx Community to ‘‘Pa Pa’’ and ‘‘Grand Pa’’ to five grandsons College. Dr. Atlaw Belilgne of the Department and four granddaughters. have done. Their innovative spirit and record of Mathematics and Computer Science, as the Mr. Speaker, Reverend Doctor David C. of success is extraordinary. I join with my col- 1999 Director of the race, continues this rich Forbes Sr. has devoted his life to serving his leagues in applauding the National Science Bronx tradition. He is also Director of Self community, his church, and his people. As Foundation for fifty years of excellent service Help and Resource Exchange (S.H.A.R.E.). such, he is more than worthy of receiving our to their Nation, and wish them well on the next Mr. Speaker, I ask my colleagues to join me recognition today as he is awarded a truly fifty. I hope my colleagues will join us in sup- in recognizing the individuals and participants hard-earned honor. I hope that all of my col- porting this resolution, as well in our efforts to who are making the Bronx Community Col- leagues will join me in honoring this truly re- support the NSF in future endeavors. lege’s 23rd annual Hall of Fame 10K Run pos- markable man. sible. We must continue to support the National f f Science Foundation with more than words. In FOREIGN RELATIONS AUTHORIZA- recent years, Congress has given the NSF IN HONOR OF DAVID C. FORBES, TION ACT, FISCAL YEARS 2002 large increases in its budget for both research SR. AND 2003 and educational activities, enabling it to ex- pand on the excellent work it does in scientific HON. EDOLPHUS TOWNS SPEECH OF discovery, public outreach, and math and OF NEW YORK HON. CHARLES B. RANGEL science education. As we enter our annual IN THE HOUSE OF REPRESENTATIVES OF NEW YORK Appropriations process, I will work—along with Monday, May 14, 2001 IN THE HOUSE OF REPRESENTATIVES many of my concerned colleagues—to ensure Mr. TOWNS. Mr. Speaker, I rise in honor of Thursday, May 10, 2001 that Congressional support for significant in- Reverend Doctor David C. Forbes, Sr. on the creases to NSF’s budget continues, so that we The House in Committee of the Whole occasion of his receipt of a doctorate in soci- House on the State of the Union had under live up to the words of praise in this resolution. ology from the University of Virginia. consideration the bill (H.R. 1646) to authorize I hope my colleagues who join us in sup- Doctor Forbes was one of eight children appropriations for the Department of State porting this resolution on the National Science born in Raleigh, North Carolina to a Pente- for fiscal years 2002 and 2003, and for other Foundation’s past successes will also join in costal Bishop and a sainted mother. He purposes: our efforts to support the NSF in its future en- earned a Bachelor of Arts degree from Shaw Mr. RANGEL. Mr. Chairman, I rise today to deavors. University, a Master of Social Work degree urge the presidential appointment of a Special from Adelphi University and Doctor of Ministry Envoy for Sudan to facilitate bringing an end Degree from United Theological Seminary. He to the atrocities associated with the eighteen-

VerDate 112000 01:55 May 15, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MY8.003 pfrm01 PsN: E14PT1 May 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E791 year civil war. It is time for the United States bridges the gap between the work we do on initiative because there are many officers that to take a strong stand against the situation in the international relations committee and the act heroically everyday but never receive their the Sudan. Slavery, aerial bombardment of ci- needs and desires of the people in my district. due credit. They must be recognized for their vilians, and other numerous human rights As the representative of the most diverse invaluable service because they accomplish abuses victimize the people of Sudan. I be- district in the United States, these provisions so much for communities throughout the na- lieve that the President’s appointment of a reflect the unique composition of my district. tion. high-profile individual with an extensive diplo- The importance of these provisions is not lim- Let me just devote some attention to those matic background will send a serious message ited to the residents of my district, they are im- who were killed in the line of duty in the past to the government of Khartoum that slavery portant to the foreign policy goals of all Ameri- from the city of Houston. Officers like Troy and the violence must end. cans. They address issues central to our for- Sudan has been at war intermittently since eign policy toward Ecuador, Israel, human Alan Blando assigned to the auto theft divi- its independence in 1956. An estimated 2.2 rights abuses in Indonesia, and relations be- sion, who was killed on May 19, 1999 when million people have died as a result of war-re- tween Northern Ireland and the Republic of he was attempting to arrest a suspect driving lated causes since the current conflict erupted Ireland. Two of these amendments request a stolen Lexus. The suspect fired a 40 caliber in 1983. More than 4 million people, mostly that the Secretary of State provide a report Glock, striking Officer Blando once in the southern Sudanese, have been displaced, which outlines a comprehensive strategy to chest. Officer Blando made it back to his vehi- largely due to the conflict. address the spill over effect of Plan Colombia cle and radioed for back-up, giving other units I commend President Bush on his appoint- on Ecuador and another which describes the his location and a description of the suspect. ment of Andrew Narsios, as special humani- steps that the State Department has taken Officers arrived on the scene within seconds tarian coordinator for Sudan to facilitate U.S. and will take to facilitate better relations be- and arrested the fleeing suspect. Officer assistance. This appointment demonstrates tween Israel and other members of the inter- Blando died in route to Ben Taub Hospital. Of- that the United States is taking a leadership national community. ficer Blando was a 19 year veteran of the role in resolving the situation in the Sudan, I have also offered a resolution which calls Houston Police Department. however we as a nation we must continue our for the prompt release of the autopsy report by Officer K.D. Kinkaid was killed on May 23, efforts to put an end to the atrocities in the the Indonesian Government, and the com- 1998 while he was off duty and driving in his Sudan. mencement of the investigation into the death I also applaud Secretary of State Powell for of an Acehnese human rights lawyer who was truck with his wife. As they drove past an on- recognizing the tragedy that is underway in a permanent resident of my Congressional coming vehicle, an object struck the wind- Sudan and for ordering a review of Adminis- District in Queens, New York, Jafar Siddiq shield of the truck. Officer Kinkaid turned tration policy. To begin with, the U.S. should Hamzah. In addition, I successfully offered an around and followed the other vehicle. The use every means at its disposal to bring the amendment urging David Trimble to allow the other vehicle stopped and Officer Kinkaid military hostilities to an immediate end. Sinn Fein Ministers to take their rightful place exited his truck and approached the driver’s At the same, we should apply every bit of on the North South Ministerial Council. Sinn side. Officer Kinkaid identified himself as a po- moral persuasion and condemn in the loudest Fein is a legitimate party to the Council and lice officer and proceeded to question the sus- possible voice the unspeakable violations of should be able to participate. I have therefore pects in the vehicle. One of the suspects shot human rights being perpetrated against the introduced sense of the Congress language Officer Kinkaid and they fled the scene in the weakest members of that society. calling on David Trimble to adhere to the vehicle. Officer Kinkaid died from the gunshot In the Sudan the world is faced with a terms of the Good Friday Agreement, and lift wound a few days later. human rights nightmare of the first order. We the ban on the Sinn Fein minister participate Officer C.H. Trinh died on April 6, 1997 have the opportunity, indeed the responsibility, in the Council. while working at his parents’ convenience to use our international leadership to help end Finally, this bill addressed the ongoing store when a man walked in a attempted to the civil war and the heartbreaking enslave- health and environmental crisis related to the rob him. Officer Trinh was shot in the head ment of women and children which has inten- extensive arsenic contamination of drinking and died at the scene. The suspect who was sified as a result of the hostilities. water in Bangladesh by requiring the Sec- As a nation with first-hand knowledge of the retary of State report on activities to deliver ar- later caught, confessed to the killing, telling savagery of slavery, of the misery to its vic- senic-free drinking water and to treat those al- police he had entered the store with a hand- tims, and the suffering of future generations, ready affected with arsenic poisoning. gun and jumped the counter. He stated that we must recoil in horror at the practice of slav- I wholeheartedly support this bill in its cur- after taking some of Officer Trinh’s jewelry, ery in Sudan and work with the international rent form, and I commend Congresswoman Tong demanded his wallet. When he saw Offi- community to end the war which is the root LEE for her amendment repealing the global cer Trinh’s police badge he got scared and cause. gag rule. I urge my colleagues to oppose any shot the officer. f efforts to detract from the quality of the provi- Officer D.S. Erickson was killed on Decem- FOREIGN RELATIONS AUTHORIZA- sions included in this bill. ber 24, 1995 while she was working an extra TION ACT, FISCAL YEARS 2002 f job directing traffic outside a local church on AND 2003 AUTHORIZING USE OF CAPITOL Christmas Eve. She was struck by a passing GROUNDS FOR 20TH ANNUAL NA- vehicle. She was transported to the hospital SPEECH OF TIONAL PEACE OFFICERS’ ME- but died during surgery. HON. JOSEPH CROWLEY MORIAL SERVICE Officer G.P. Gaddis was murdered on Janu- OF NEW YORK SPEECH OF ary 31, 1994 by one of two suspects he was IN THE HOUSE OF REPRESENTATIVES transporting to jail for aggravated robbery. Thursday, May 10, 2001 HON. SHEILA JACKSON-LEE Both suspects had been searched and hand- OF TEXAS cuffed behind their backs prior to being placed The House in Committee of the Whole IN THE HOUSE OF REPRESENTATIVES House on the State of the Union had under in the back seat of the patrol car. One of the consideration the bill (H.R. 1646) to authorize Tuesday, May 8, 2001 suspects wiggled his hands, still cuffed, to his appropriations for the Department of State Ms. JACKSON-LEE of Texas. Mr. Speaker, front, and retrieved a .380 hidden on his per- for fiscal years 2002 and 2003, and for other I rise to express my strong support for H. Con. son. He then shot Officer Gaddis in the back purposes: Res. 74, which appropriately honors the serv- of the head as he was driving down the road. Mr. CROWLEY. Mr. Chairman, I would like ice of officers that were killed in the line of The patrol car crashed into a house and the to begin by thanking Chairman HYDE and our duty. As a result of the resolution, the National suspect escaped from the wrecked car, but distinguished ranking member, Mr. LANTOS, for Fraternal Order of Police and its auxiliary shall was arrested a short distance away from the crafting a fair and bipartisan bill. I would also be permitted to sponsor a public event, the scene. like to thank staff on both sides of the aisle for 20th annual National Police Officers’ Memorial These are some of the sorrowing stories of their efforts to include valuable language that Service, on the Capitol Grounds on May 15, officers who have lost their lives in my home is of great importance to me and members of 2001, or on such other date that may be con- city of Houston. Presently, 95 police officers my constituency. I would like to bring your at- venient. tention to a series of important provisions in So many of our law enforcement officers from the Houston Police Department have the Foreign Relations Authorization Act for work so hard every year. It is appropriate that been killed in the line of duty. 2002–2003. These provisions form a core of we honor those that were killed in the line of I urge my colleagues to support the legisla- initiatives that target what I believe that duty in the year 2000. This is an appropriate tion.

VerDate 112000 01:55 May 15, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A14MY8.006 pfrm01 PsN: E14PT1 E792 CONGRESSIONAL RECORD — Extensions of Remarks May 14, 2001 SENATE COMMITTEE MEETINGS Bruce Marshall Carnes, of Virginia, to Horn, of Maryland, to be Assistant Sec- Title IV of Senate Resolution 4, be Chief Financial Officer; and the retary for Family Support, all of the nomination of David Garman, of Vir- agreed to by the Senate on February 4, Department of Health and Human ginia, to be Assistant Secretary for En- Services; the nomination of Peter R. 1977, calls for establishment of a sys- ergy Efficiency and Renewable Energy, Fisher, of New Jersey, to be Under Sec- tem for a computerized schedule of all all of the Department of Energy; to be retary for Domestic Finance, and the meetings and hearings of Senate com- followed by hearings on the nomina- nomination of James Gurule, of Michi- mittees, subcommittees, joint commit- tion of J. Steven Griles, of Virginia, to gan, to be Under Secretary for Enforce- tees, and committees of conference. be Deputy Secretary of the Interior; ment, both of the Department of the This title requires all such committees and the nomination of Lee Sarah Treasury; and the nomination of to notify the Office of the Senate Daily Liberman Otis, of Virginia, to be Gen- Linnet F. Deily, of California, and the Digest—designated by the Rules com- eral Counsel, the nomination of Jessie nomination of Peter F. Allgeier, of Vir- Hill Roberson, of Alabama, to be As- ginia, both to be Deputy United States mittee—of the time, place, and purpose sistant Secretary for Environmental Trade Representatives, each with the of the meetings, when scheduled, and Management, the nomination of Nora rank of Ambassador. any cancellations or changes in the Mead Brownell, of Pennsylvania, and meetings as they occur. the nomination of Patrick Henry Wood SD–215 As an additional procedure along III, of Texas, both to be Members of the 2 p.m. with the computerization of this infor- Federal Energy Regulatory Commis- Intelligence mation, the Office of the Senate Daily sion, all of the Department of Energy. To hold closed hearings on intelligence SD–366 matters. Digest will prepare this information for SH–219 printing in the Extensions of Remarks Commerce, Science, and Transportation To hold hearings on the nomination of 3 p.m. section of the CONGRESSIONAL RECORD Timothy J. Muris, of Virginia, to be a Foreign Relations on Monday and Wednesday of each Federal Trade Commissioner; the nom- To hold hearings on the nomination of week. ination of Maria Cino, of Virginia, to Thelma J. Askey, of Tennessee, to be Meetings scheduled for Tuesday, May be Assistant Secretary and Director Director of the Trade and Development 15, 2001 may be found in the Daily Di- General of the United States and For- Agency; and the nomination of Peter S. gest of today’s RECORD. eign Commercial Service, the nomina- Watson, of California, to be President MEETINGS SCHEDULED tion of Kathleen B. Cooper, of Texas, to of the Overseas Private Investment be Under Secretary for Economic Af- Corporation. fairs, the nomination of Bruce P. SD–419 MAY 16 Mehlman, of Maryland, to be Assistant Secretary for Technology Policy, all of MAY 17 9 a.m. the Department of Commerce; and the 9:30 a.m. Agriculture, Nutrition, and Forestry nomination of Sean B. O’Hollaren, of To hold hearings on the Farm Credit Oregon, to be Assistant Secretary for Health, Education, Labor, and Pensions title of the Farm Bill. Governmental Affairs, and the nomina- To hold hearings to examine certain SR–328A tion of Donna R. McLean, of the Dis- issues surrounding the nursing staffing 9:30 a.m. trict of Columbia, to be Assistant shortage. Veterans’ Affairs Secretaryfor Budget Programs and SD–430 To hold hearings on the nomination of Chief Financial Officer, both of the De- Aging Leo S. Mckay, Jr., of Texas, to be Dep- partment of Transportation. To hold hearings to examine the imple- uty Secretary of Veterans Affairs; the SR–253 mentation of the National Family nomination of Robin L. Higgins, of 10 a.m. Caregiver Support Program. Florida, to be Under Secretary of Vet- Appropriations SD–562 erans Affairs for Memorial Affairs; the Defense Subcommittee Appropriations nomination of Maureen Patricia To hold hearings on proposed budget es- Treasury and General Government Sub- Cragin, of Maine, to be an Assistant timates for fiscal year 2002 for the De- committee Secretary of Veterans Affairs for Pub- partment of Defense. To hold hearings on proposed budget es- lic and Intergovernmental Affairs; the SD–192 timates for fiscal year 2002 for the De- nomination of Jacob Lozada, of Puerto Appropriations partment of the Treasury, focusing on Rico, to be an Assistant Secretary of District of Columbia Subcommittee the Internal Revenue Service. Veterans Affairs; and the nomination To hold hearings on the District of Co- SR–485 of Gordon H. Mansfield, of Virginia, to lumbia Superior Court’s proposed re- Commerce, Science, and Transportation be an Assistant Secretary of Veterans form of its Family Division. To hold hearings on the nomination of Affairs for Congressional Affairs. SD–116 Kathleen Q. Abernathy, of Maryland, SR–418 Foreign Relations the nomination of Kevin J. Martin, of Energy and Natural Resources To hold hearings on the nomination of A. North Carolina, the nomination of Mi- Business meeting to consider S. 230, to Elizabeth Jones, of Maryland, to be As- chael Joseph Copps, of Virginia, and direct the Secretary of the Interior to sistant Secretary of State for European the nomination of Michael K. Powell, convey a former Bureau of Land Man- Affairs. of Virginia, all to be a Member of the agement administrative site to the SD–419 Federal Communications Commission. City of Carson City, Nevada, for use as Appropriations SR–253 a senior center; S. 254, to provide fur- VA, HUD, and Independent Agencies Sub- Health, Education, Labor, and Pensions ther protections for the watershed of committee To hold hearings to examine direct care the Little Sandy River as part of the To hold hearings on proposed budget es- staffing shortages. Bull Run Watershed Management Unit, timates for fiscal year 2002 for the Fed- SD–430 Oregon; S. 329, to require the Secretary eral Emergency Management Agency. of the Interior to conduct a theme SD–138 Environment and Public Works study on the peopling of America; S. Appropriations To hold hearings on the nomination of 498, entitled ‘‘National Discovery Legislative Branch Subcommittee Linda J. Fisher, of the District of Co- Trails Act of 2001’’; S. 506, to amend the To hold hearings on proposed budget es- lumbia, to be Deputy Administrator, Alaska Native Claims Settlement Act, timates for fiscal year 2002 for the the nomination of Jeffrey R. to provide for a land exchange between Seargent at Arms, United States Cap- Holmstead, of Colorado, to be Assistant the Secretary of Agriculture and the itol Police Board, and Office of Compli- Administrator for Air and Radiation, Huna Totem Corporation; S. 507, to im- ance. the nomination of Stephen L. Johnson, plement further the Act (Public Law SD–124 of Maryland, to be Assistant Adminis- 94–241) approving the covenant to es- 1:30 p.m. trator for Toxic Substances, all of the tablish a commonwealth of the North- Finance Environmental Protection Agency; and ern Mariana Islands in Political Union To hold hearings on the nomination of the nomination of James Laurence with the United States of America; S. Claude A. Allen, of Virginia, to be Dep- Connaughton, of the District of Colum- 509, to establish the Kenai Mountains- uty Secretary, the nomination of bia, to be a Member of the Council on Turnagain Arm National Heritage Area Thomas Scully, of Virginia, to be Ad- Environmental Quality. in the State of Alaska; the nomination ministrator of the Health Care Financ- SD–628 of Francis S. Blake, of Connecticut, to ing Administration, the nomination of 10 a.m. be Deputy Secretary; the nomination Piyush Jindal, of Louisiana, to be As- Governmental Affairs of Robert Gordon Card, of Colorado, to sistant Secretary for Planning and To hold hearings on the nomination of be Under Secretary; the nomination of Evaluation, the nomination of Wade F. John D. Graham, of Massachusetts, to

VerDate 112000 01:55 May 15, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\M14MY8.000 pfrm01 PsN: E14PT1 May 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E793 be Administrator of the Office of Infor- MAY 22 JUNE 6 mation and Regulatory Affairs, Office 9 a.m. 10 a.m. of Management and Budget; the nomi- Governmental Affairs Appropriations nation of Angela Styles, of Virginia, to To hold hearings on the nomination of VA, HUD, and Independent Agencies Sub- be Administrator for Federal Procure- Erik Patrick Christian and the nomi- committee ment Policy; and the nomination of nation of Maurice A. Ross, each to be To hold hearings on proposed budget es- Stephen A. Perry, of Ohio, to be Ad- an Associate Judge of the Superior timates for fiscal year 2002 for the Na- ministrator of General Services. Court of the District of Columbia. tional Science Foundation and the Of- SD–342 SD–342 fice of Science Technology Policy. Appropriations 9:30 a.m. SD–138 Commerce, Justice, State, and the Judici- Health, Education, Labor, and Pensions JUNE 13 ary Subcommittee To hold hearings to examine certain To hold hearings on proposed budget es- issues surrounding retiree health insur- 10 a.m. timates for fiscal year 2002 for the Fed- ance. Appropriations eral Bureau of Investigation, the Drug SD–430 VA, HUD, and Independent Agencies Sub- committee Enforcement Administration, and the 2:30 p.m. To hold hearings on proposed budget es- Immigration and Naturalization Serv- Foreign Relations timates for fiscal year 2002 for the En- ice, all of the Department of Justice. Business meeting to consider pending vironmental Protection Agency and SD–192 calendar business. Appropriations the Council of Environmental Quality. S–116, Capitol SD–138 Commerce, Justice, State, and the Judici- ary Subcommittee MAY 23 JUNE 14 To hold hearings on proposed budget es- 9:30 a.m. timates for fiscal year 2002 for the Fed- 9:30 a.m. Health, Education, Labor, and Pensions eral Bureau of Investigation, the Drug Governmental Affairs Public Health Subcommittee Investigations Subcommittee Enforcement Administration, and the To hold hearings to examine issues sur- To hold hearings to examine the nature Immigration and Naturalization Serv- rounding human subject protection. and scope of cross border fraud, focus- ice. SD–430 ing on the state of binational U.S.-Ca- SD–192 10 a.m. nadian law enforcement coordination Appropriations Governmental Affairs and cooperation and what steps can be Agriculture, Rural Development, and Re- Business meeting to consider certain taken to fight such crime in the future. lated Agencies Subcommittee nominations. SD–342 To hold hearings on agriculture market SD–342 concentration issues. Judiciary JUNE 15 SD–138 To hold hearings on Department of Jus- 9:30 a.m. Judiciary tice and certain judicial nominations. Governmental Affairs Business meeting to consider pending SD–226 Investigations Subcommittee calendar business. To continue hearings to examine the SD–226 MAY 24 growing problem of cross border fraud, 2 p.m. which poses a threat to all American 9:30 a.m. Foreign Relations consumers but disproportionately af- To hold hearings on the nomination of Health, Education, Labor, and Pensions fects the elderly. The focus will be on William J. Burns, of the District of Co- To hold hearings to examine issues sur- the state of binational U.S.-Canadian lumbia, to be Assistant Secretary of rounding patient safety. law enforcement coordination and co- State for Near Eastern Affairs; and the SD–430 operation and will explore what steps nomination of Christina B. Rocca, of Governmental Affairs can be taken to fight such crime in the Virginia, to be Assistant Secretary of Investigations Subcommittee future. State for South Asian Affairs. To hold hearings to examine alleged SD–342 SD–419 problems in the tissue industry, such Governmental Affairs Intelligence as claims of excessive charges and prof- Investigations Subcommittee To continue hearings to examine the na- To hold closed hearings on intelligence it making within the industry, prob- ture and scope of cross border fraud, fo- matters. lems in obtaining appropriate informed cusing on the state of binational U.S.- SH–219 consent from donor families, issues re- Canadian law enforcement coordina- 2:30 p.m. lated to quality control in processing tissue, and whether current regulatory tion and cooperation and what steps Banking, Housing, and Urban Affairs can be taken to fight such crime in the International Trade and Finance Sub- efforts are adequate to ensure the safe- ty of human tissue transplants. future. committee SD–342 To hold hearings on proposed legislation SD–342 10 a.m. authorizing funds for United States Ex- JUNE 20 port-Import Bank. Appropriations Legislative Branch Subcommittee 10 a.m. SD–538 Appropriations 4 p.m. To hold hearings on proposed budget es- timates for fiscal year 2002 for the Sec- VA, HUD, and Independent Agencies Sub- Foreign Relations committee retary of the Senate and the Architect To hold hearings on the nomination of To hold hearings on proposed budget es- of the Capitol. Walter H. Kansteiner, of Virginia, to be timates for fiscal year 2002 for the De- SD–124 Assistant Secretary of State for Afri- partment of Housing and Urban Devel- can Affairs. opment. SD–419 SD–138

VerDate 112000 01:55 May 15, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\M14MY8.000 pfrm01 PsN: E14PT1 Monday, May 14, 2001 Daily Digest Senate 358), to provide assistance to entities that emphasize Chamber Action language and life skills programs for limited English Routine Proceedings, pages S4851–S4899 proficient students. Pages S4858–61, S4874, S4877 Measures Introduced: Six bills and one resolution By 74 yeas to 23 nays (Vote No. 102), Cleland were introduced, as follows: S. 872–877, and S. Res. Modified Amendment No. 376 (to Amendment No. 88. Page S4890 358), to provide for school safety enhancement, in- Measures Reported: cluding the establishment of the National Center for S. 718, to direct the National Institute of Stand- School and Youth Safety. ards and Technology to establish a program to sup- Pages S4858, S4872–74, S4874–75, S4877 port research and training in methods of detecting Sessions Amendment No. 600 (to Amendment the use of performance-enhancing drugs by athletes, No. 358), to provide for confidential reporting of in- with amendments. (S. Rept. No. 107–16) Page S4890 dividuals suspected of imminent school violence. Measures Passed: Pages S4870, S4877 Subsequently, the amendment was modified. Public Safety Medal of Valor Act: Senate passed Page S4880 S. 39, to provide a national medal for public safety Withdrawn: officers who act with extraordinary valor above and Specter Modified Amendment No. 388 (to beyond the call of duty, after agreeing to a com- Amendment No. 378), to provide for class size re- mittee amendment in the nature of a substitute. duction. Pages S4858, S4877–78 Pages S4896–97 Pending: James Guelff Body Armor Act: Senate passed S. Jeffords Amendment No. 358, in the nature of a 166, to limit access to body armor by violent felons substitute. Pages S4858–80 and to facilitate the donation of Federal surplus body Kennedy (for Murray) Amendment No. 378 (to armor to State and local law enforcement agencies, Amendment No. 358), to provide for class size re- after agreeing to a committee amendment in the na- duction programs. Page S4858 ture of a substitute. Pages S4897–98 Kennedy (for Dodd) Amendment No. 382 (to Commemorating Law Enforcement Officers: Sen- Amendment No. 358), to remove the 21st century ate agreed to S. Res. 63, commemorating and ac- community learning center program from the list of knowledging the dedication and sacrifice made by programs covered by performance agreements. the men and women who have lost their lives while Page S4858 serving as law enforcement officers. Pages S4898–99 Biden Amendment No. 386 (to Amendment No. Public Safety Officer Medal of Valor Act: Senate 358), to establish school-based partnerships between passed H.R. 802, to authorize the Public Safety Offi- local law enforcement agencies and local school sys- cer Medal of Valor, clearing the measure for the tems, by providing school resource officers who oper- President. Page S4899 ate in and around elementary and secondary schools. Elementary and Secondary Education Act Au- Page S4858 thorization: Senate resumed consideration of S. 1, to Voinovich Amendment No. 389 (to Amendment extend programs and activities under the Elementary No. 358), to modify provisions relating to State ap- and Secondary Education Act of 1965, taking action plications and plans and school improvement to pro- on the following amendments proposed thereto: vide for the input of the Governor of the State in- Pages S4858–80 volved. Pages S4858, S4877 Adopted: Carnahan Amendment No. 374 (to Amendment By a unanimous vote of 96 yeas (Vote No. 101), No. 358), to improve the quality of education in our Reid Amendment No. 460 (to Amendment No. Nation’s classrooms. Page S4858 D438

VerDate 11-MAY-2000 02:28 May 15, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MY1.REC pfrm01 PsN: D14MY1 May 14, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D439 Reed Amendment No. 425 (to Amendment No. George Tracy Mehan, III, of Michigan, to be an 358), to revise provisions regarding the Reading Assistant Administrator of the Environmental Pro- First Program. Page S4858 tection Agency. Leahy (for Hatch) Amendment No. 424 (to Brian Carlton Roseboro, of New Jersey, to be an Amendment No. 358), to provide for the establish- Assistant Secretary of the Treasury. ment of additional Boys and Girls Clubs of America. Paul Vincent Kelly, of Virginia, to be an Assist- Pages S4864–65 ant Secretary of State (Legislative Affairs). Helms Amendment No. 574 (to Amendment No. John D. Negroponte, of the District of Columbia, 358), to prohibit the use of Federal funds by any to be a Representative of the United States of Amer- State or local educational agency or school that dis- ica to the Sessions of the General Assembly of the criminates against the Boy Scouts of America in pro- United Nations during his tenure of service as Rep- viding equal access to school premises or facilities. resentative of the United States of America to the Page S4865 Helms Amendment No. 648 (to Amendment No. United Nations. 574), in the nature of a substitute. Pages S4865–68 John D. Negroponte, of the District of Columbia, Dorgan Amendment No. 640 (to Amendment to be the Representative of the United States of No. 358), expressing the sense of the Senate that America to the United Nations, with the rank and there should be established a joint committee of the status of Ambassador, and the Representative of the Senate and House of Representatives to investigate United States of America in the Security Council of the rapidly increasing energy prices across the coun- the United Nations. try and to determine what is causing the increases. Lynn Leibovitz, of the District of Columbia, to be Page S4870 an Associate Judge of the Superior Court of the Dis- Wellstone/Feingold Amendment No. 465 (to trict of Columbia for the term of fifteen years. Amendment No. 358), to improve the provisions re- Page S4899 lating to assessment completion bonuses. Executive Communications: Pages S4888–89 Pages S4875–77 Voinovich Amendment No. 443 (to Amendment Petitions and Memorials: Pages S4889–90 No. 358), to amend the Higher Education Act of Statements on Introduced Bills: Pages S4892–95 1965 to extend loan forgiveness for certain loans to Additional Cosponsors: Pages S4890–92 Head Start teachers. Pages S4878–80 A unanimous-consent-time agreement was reached Amendments Submitted: Page S4896 providing for further consideration of the Kennedy Additional Statements: Pages S4886–88 (for Murray) Amendment No. 378 (to Amendment No. 358), listed above, at 10:30 a.m., on Tuesday, Record Votes: Two record votes were taken today. May 15, 2001, with a vote on the amendment to (Total—102) Page S4877 occur at 2:20 p.m. Page S4880 Adjournment: Senate met at12 noon, and adjourned Nominations Received: Senate received the fol- at 7:14 p.m., until 10:30 a.m., on Tuesday, May 15, lowing nominations: 2001. (For Senate’s program, see the remarks of the Peter W. Rodman, of the District of Columbia, to Acting Majority Leader in today’s Record on page be an Assistant Secretary of Defense. S4899.) Allan Rutter, of Texas, to be Administrator of the Federal Railroad Administration. Patricia Lynn Scarlett, of California, to be an As- Committee Meetings sistant Secretary of the Interior. No committee meetings were held. h House of Representatives H.R. 1, No Child Left Behind Act of 2001, Chamber Action amended (H. Rept. 107–63 Part 1) Page H2147 Bills Introduced: 5 public bills, H.R. 1824–1828, Speaker Pro Tempore: Read a letter from the were introduced. Page H2147 Speaker wherein he appointed Representative Wolf Reports Filed: Reports were filed today as follows: to act as Speaker pro tempore for today. Page H2145

VerDate 11-MAY-2000 02:28 May 15, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MY1.REC pfrm01 PsN: D14MY1 D440 CONGRESSIONAL RECORD — DAILY DIGEST May 14, 2001 Commission on International Religious Freedom: COMMITTEE MEETINGS FOR TUESDAY, The Chair announced the Speaker’s reappointment of MAY 15, 2001 Ms. Nina Shea of Washington, D.C. to the Commis- (Committee meetings are open unless otherwise indicated) sion on International Religious Freedom for a term Senate of two years. Page H2145 Committee on Appropriations: Subcommittee on Foreign Congressional Award Board: Read a letter from Operations, to hold hearings on proposed budget esti- the Minority Leader wherein he announced his ap- mates for fiscal year 2002 for Foreign Operations, 9:30 pointment of Representative Jackson-Lee of Texas to a.m., SD–124. the Congressional Award Board. Page H2145 Subcommittee on Commerce, Justice, State, and the Private Calendar: Agreed to dispense with the Pri- Judiciary, to hold hearings on proposed budget estimates for fiscal year 2002 for the National Oceanic and Atmos- vate Calendar business of Tuesday, May 14. pheric Administration of the Department of Commerce, Page H2146 and the Small Business Administration, 10 a.m., SD–192. Senate Messages: Message received from the Senate Subcommittee on Energy and Water Development, to appears on page H2145. hold hearings on proposed budget estimates for fiscal year 2002 for Department of Energy environmental manage- Quorum Calls—Votes: No quorum calls or re- ment and the Office of Civilian Radioactive Waste Man- corded votes developed during the proceedings of the agement, 2:30 p.m., SD–138. House today. Committee on Armed Services: Subcommittee on Emerging Threats and Capabilities, to hold hearings on proposed Adjournment: The House met at 2 p.m. and ad- legislation authorizing funds for fiscal year 2002 for the journed at 2:07 p.m. Department of Defense and the Future Years Defense Program, focusing on the Department of Energy’s De- fense Nuclear Nonproliferation Programs, to be followed Committee Meetings by closed hearings (in Room SH–219), 2:30 p.m., SR–222. DISTRICT OF COLUMBIA—COORDINATION Committee on Banking, Housing, and Urban Affairs: to OF CRIMINAL JUSTICE ACTIVITIES hold hearings on the nomination of Alphonso R. Jackson, of Texas, to be Deputy Secretary, the nomination of Rich- Committee on Government Reform: On May 11, the Sub- ard A. Hauser, of Maryland, to be General Counsel, the committee on the District of Columbia held a hear- nomination of John Charles Weicher, of the District of ing on ‘‘Coordination of Criminal Justice Activities Columbia, to be an Assistant Secretary and serve as the in the District of Columbia.’’ Testimony was heard Federal Housing Commissioner, and the nomination of from Richard Stana, Director, Justice Issues, GAO; Romolo A. Bernardi, of New York, to be Assistant Sec- retary for Community Planning and Development, all of from the following officials of the Department of the Department of Housing and Urban Development; and Justice: Michael J. Gaines, Chairman, U.S. Parole to hold a business meeting to consider the nomination of Commission; and Kenneth L. Wainstein, Acting John E. Robson, of California, to be President of the Ex- U.S. Attorney, District of Columbia; the following port-Import Bank of the United States and the nomina- officials of the District of Columbia: Margret tion of James J. Jochum, of Virginia, to be Assistant Sec- Nedelkoff Kellems, Deputy Mayor, Public Safety and retary of Commerce for Export Administration, 10 a.m., Justice; Kathy Patterson, Chairperson, Committee on SD–538. Committee on Energy and Natural Resources: to hold hear- the Judiciary, City Council; Rufus King, III, Chief ings on the national energy policy with respect to federal, Judge, Superior Court; Charles H. Ramsey, Chief of state, and local impediments to the siting of energy infra- Police; John L. Clark, Corrections Trustee; Cynthia structure, 9:30 a.m., SD–366. E. Jones, Director, Public Defender Service; and Committee on Environment and Public Works: to hold hear- Susan W. Shaffer, Director, Pretrial Services Agency; ings on the President’s proposed budget request for fiscal and a public witness. year 2002 for the Environmental Protection Agency, 2:30 p.m., SD–628. f Committee on Finance: business meeting to markup the proposed Restoring Earnings to Lift Individuals and Em- NEW PUBLIC LAWS power Families (RELIEF) Act, 9 a.m., SH–216. (For last listing of Public Laws, see DAILY DIGEST of April 23, Committee on Governmental Affairs: to hold hearings to 2001, p. D334) examine the financial outlook of the United States postal H.R. 256, to extend for 11 additional months the service, 10 a.m., SD–342. Select Committee on Intelligence: to hold closed hearings on period for which chapter 12 of title 11 of the United intelligence matters, 10 a.m., SH–219. States Code is reenacted. Signed on May 11, 2001. Committee on the Judiciary: to hold hearings on the im- (Public Law 107–8) plementation of the Paul Coverdell National Forensic

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Science Improvement Act (P.L. 106–561), focusing on Committee on Financial Services: Subcommittee on Inter- DNA crime labs, 2 p.m., SD–226. national Monetary Policy and Trade, hearing entitled United States Senate Caucus on International Narcotics Con- ‘‘World Bank and IMF Activities in Africa: Poverty Alle- trol: to hold hearings to examine the relationship between viation, Debt Relief, and HIV/AIDS, 2 p.m., 2128 Ray- the source zone and Plan Colombia, including the current burn. strategy and balance of transit zone operations, 2 p.m., Committee on the Judiciary: Subcommittee on Crime, SR–428A. oversight hearing on the ‘‘Reauthorization of the United States Department of Justice Part II-Criminal Law Com- House ponents at Main Justice,’’ 4 p.m., 2141 Rayburn. Committee on Appropriations: Subcommittee on Foreign Subcommittee on Immigration and Claims, oversight Operations, Export Financing and Related Programs, on hearing on the ‘‘INS and the Executive Office for Immi- the Secretary of the Treasury, 2:30 p.m., 2359 Rayburn. gration Review,’’ 2 p.m., 2237 Rayburn. Committee on Appropriations: Subcommittee on Labor, Committee on Resources: Subcommittee on Forests and Health and Human Services and Education, hearing on Forest Health, hearing on the Views and Vision of the the Administration for Children and Families, 2 p.m., New Chief of the Forest Service, 3:30 p.m., 1334 Long- and the Administration of Aging, 3:15 p.m., 2358 Ray- worth. burn. Committee on Rules: to consider the following: H.R. 622, Committee on Appropriations: Subcommittee on VA, Hope for Children Act; and H.R. 1, No Child Left Be- HUD and Independent Agencies, on the Corporation for hind Act of 2001, 2 p.m., H–313 Capitol. National and Community Service, 10 a.m., the National Committee on Science: Subcommittee on Space and Aero- Credit Union Administration, 1 p.m., and on the Neigh- nautics, hearing on the Aerospace Industrial Base, 4 p.m., borhood Reinvestment Corporation, 2 p.m., H–143 Cap- 2318 Rayburn. itol. Committee on Transportation and Infrastructure: Sub- Committee on Energy and Commerce: Subcommittee on En- committee on Coast Guard and Maritime Transportation, ergy and Air Quality, hearing on Consumer Perspectives hearing on Recreational Boating Safety, 2 p.m., 2167 on Energy Policy, 1 p.m., 2123 Rayburn. Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Tuesday, May 15 12:30 p.m., Tuesday, May 15

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: Consideration of Suspensions: ation of S. 1, Elementary and Secondary Education Act (1) H.R. 1696, Expedited Construction of World War Authorization, with a vote on Kennedy (for Murray) II Memorial; Amendment No. 378 (to Amendment No. 358) to occur (2) H. Res. 116, Peace Officers Memorial Day Hon- at 2:20 p.m. oring Those Killed or Disabled in the Line of Duty; (Senate will recess from 12:30 p.m. until 2:15 p.m. for their (3) H.R. 1727, Fallen Hero Survivor Benefit; respective party conferences.) (4) H.R. 586, Foster Care Promotion; and (5) H.R. 428, Participation of Taiwan in the World Health Organization.

Extensions of Remarks, as inserted in this issue

HOUSE

Boehlert, Sherwood L., N.Y., E789 Crowley, Joseph, N.Y., E789, E791 Jackson-Lee, Sheila, Tex., E789, E791 Rangel, Charles B., N.Y., E790 Serrano, Jose´ E., N.Y., E790 Towns, Edolphus, N.Y., E790

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