SENATE—Wednesday, June 28, 2000

June 28, 2000 CONGRESSIONAL RECORD—SENATE 12793 SENATE—Wednesday, June 28, 2000

The Senate met at 9:30 a.m. and was and Education. Under the order, there Harkin (for Daschle) amendment No. 3658, called to order by the President pro will be closing remarks on the amend- to fund a coordinated national effort to prevent, detect, and educate the public con- tempore [Mr. THURMOND]. ment offered by the distinguished Sen- cerning Fetal Alcohol Syndrome and Fetal ator from Texas, Mrs. HUTCHISON, re- Alcohol Effect and to identify effective PRAYER garding same-sex schools, with a vote interventions for children, adolescents, and The Chaplain, Dr. Lloyd John to occur at approximately 9:45 a.m. adults with Fetal Alcohol Syndrome and Ogilvie, offered the following prayer: Following the vote, there will be clos- Fetal Alcohol Effect. Almighty God, Sovereign of this Na- ing remarks and then a vote on the Hutchison/Collins amendment No. 3619, to Daschle amendment regarding fetal al- clarify that funds appropriated under this tion and Lord of our lives, we celebrate Act to carry out innovative programs under the anniversary of the opening of the cohol syndrome. section 6301(b) of the Elementary and Sec- Constitutional Convention in 1787, by We are urging all Senators who have ondary Education Act of 1965 shall be avail- remembering Benjamin Franklin’s call amendments to come to the floor. It is able for same gender schools. to prayer at a time when the delibera- the intention of the majority leader to Mr. SPECTER. Mr. President, I sug- tions were deadlocked. He said, ‘‘I have conclude action on this bill today. It is gest the absence of a quorum. lived, sir, a long time, and the longer I my hope that we could have a limit on The PRESIDING OFFICER. The live the more convincing proofs I see of the number of amendments, perhaps clerk will call the roll. this truth: that God governs in the af- have a unanimous consent agreement The legislative clerk proceeded to fairs of men. If a sparrow cannot fall to limiting the number of amendments, call the roll. the ground without His notice, is it and that we can work through time Mrs. HUTCHISON. Mr. President, I probable that an empire can rise with- agreements to proceed to conclude the ask unanimous consent that the order out His aid? I believe that without His bill. for the quorum call be rescinded. The PRESIDING OFFICER. Without concurring aid we shall succeed no bet- f ter than the builders of Babel. We shall objection, it is so ordered. Mr. KOHL. Mr. President, I rise be divided by our partial local inter- MEASURE PLACED ON THE today in support of the Hutchison ests; our projects will be confounded.’’ CALENDAR—S. 2801 amendment, which would allow local Mr. SPECTER. Mr. President, I un- Gracious Lord, we join our voices school districts to use Title VI funds to derstand there is a bill at the desk due with the Founding Fathers in establish same-gender schools if they for its second reading. confessing our total dependence on so choose. I have opposed a similar The PRESIDING OFFICER. The You. We believe that You are the Au- amendment in the past because I have thor of the glorious vision that gave clerk will report by title. been concerned that many of these birth to our beloved Nation. What You The assistant legislative clerk read ‘‘separate but equal’’ programs are began You will continue to develop to as follows: sometimes not equal in reality. I am full fruition, and today the women and A bill (S. 2801) to prohibit funding of the pleased that the Senator from Texas men of this Senate will grapple with negotiation of the move of the Embassy of has made modifications to her amend- the issues of moving this Nation for- the People’s Republic of China in the United ment that deal with these concerns, States until the Secretary of State has reward in keeping with Your vision. It is and ensures that single-gender schools awesome to realize that You use people quired the divestiture of property purchased by the Xinhua News Agency in violation of will not result in a system where one to accomplish Your goals. Think Your the Foreign Missions Act. gender is educationally disadvantaged. thoughts through the Senators; speak I believe this amendment is another Mr. SPECTER. Mr. President, I ob- Your truth through their words; enable important step in our drive toward ject to further proceedings on the bill Your best for America through what more flexibility and local control in at this time. You lead them to decide. You are our education. I am pleased to be an origi- The PRESIDING OFFICER. The bill Lord and Saviour. Amen. nal cosponsor of the Public Education will be placed on the calendar. Reinvestment, Reinvention and Re- f Mr. SPECTER. I yield the floor. sponsibility Act—better known as PLEDGE OF ALLEGIANCE f ‘‘Three R’s’’—which would also provide The Honorable WAYNE ALLARD, a RESERVATION OF LEADER TIME school districts with the flexibility to Senator from the State of Colorado, led design programs that best meets their the Pledge of Allegiance, as follows: The PRESIDING OFFICER. Under needs. The Hutchison amendment, I pledge allegiance to the Flag of the the previous order, the leadership time which allows local officials to make United States of America, and to the Repub- is reserved. the decision to set up a single-gender lic for which it stands, one nation under God, f school, is consistent with the ‘‘Three indivisible, with liberty and justice for all. R’s’’ philosophy. We must continue to THE DEPARTMENTS OF LABOR, f move toward a public education system HEALTH AND HUMAN SERVICES, that gives States and local school dis- RECOGNITION OF THE ACTING AND EDUCATION, AND RELATED tricts—who are in the best position to MAJORITY LEADER AGENCIES APPROPRIATIONS, 2001 know what their educational needs The PRESIDING OFFICER (Mr. AL- The PRESIDING OFFICER. Under are—the ability to create innovative LARD). The acting majority leader. the previous order, the Senate will re- programs that allow all students to f sume consideration of H.R. 4577 which achieve to high standards. the clerk will report. The PRESIDING OFFICER. Under SCHEDULE The bill clerk read as follows: the previous order, the hour of 9:40 a.m. Mr. SPECTER. Mr. President, on be- A bill (H.R. 4577) making appropriations having arrived, there will be 4 minutes half of the distinguished majority lead- for the Departments of Labor, Health and of debate prior to the vote on or in reer, I have been asked to announce that Human Services, and Education, and related lation to the Hutchison amendment today we will immediately resume con- agencies for the fiscal year ending Sep- No. 3619. sideration of the appropriations bill on tember 30, 2001, and for other purposes. Mrs. HUTCHISON. Mr. President, if Labor, Health and Human Services, Pending: there is no one on the other side, which

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

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 12794 CONGRESSIONAL RECORD—SENATE June 28, 2000 I believe is the case, I ask unanimous a boys school that has the same suc- Sessions Specter Torricelli Shelby Stevens Voinovich consent to give 2 minutes to Senator cess that Senator COLLINS has just Smith (NH) Thomas Warner COLLINS, and then 2 minutes to myself. mentioned about a girls class in Maine; Smith (OR) Thompson Wellstone The PRESIDING OFFICER. Without the boys are able to have a single-sex Snowe Thurmond Wyden objection, it is so ordered. atmosphere. And sometimes it is shown NOT VOTING—1 The Senator from Maine is recog- by studies that adolescent boys do bet- Inouye nized. ter in that atmosphere. The amendment (No. 3619) was agreed Ms. COLLINS. Mr. President, I com- We want public schools to have the mend the Senator from Texas for her to. same options and the Federal help that Mrs. HUTCHISON. Mr. President, I extraordinary leadership on this issue. are available in parochial and private move to reconsider the vote. She has been an advocate for girls and schools for creative approaches and so- Mr. SPECTER. I move to lay that women in so many different ways, and lutions to our education problems. We motion on the table. she truly is committed to ensuring want options, not mandates. But we The motion to lay on the table was that young girls growing up get the want every child in this country to agreed to. very best education they deserve, and reach his or her full potential. We want AMENDMENT NO. 3658 that they have every opportunity that child to be given opportunities in The PRESIDING OFFICER. There available to them. The amendment a way that best fit that child’s needs. will now be 4 minutes for debate on the that she has proposed, which I am That is why I think this amendment Daschle amendment No. 3658. proud to cosponsor, is in keeping with is going to be overwhelmingly accepted Mr. DASCHLE. Mr. President, I of- that commitment. in the Senate—just as these amend- fered this amendment on behalf of the I commend her for her leadership on ments have been in the past. It will thousands of individuals who have been this very important issue. give the guidance to the Department of impacted by prenatal exposure to alco- I first became very interested in the Education that will clarify the issue hol, their families, and the estimated issue of having same-gender classrooms once and for all; that we want abso- 12,000 children who will be born with because of an experience of a high lutely every option available in our fetal alcohol syndrome, FAS, or fetal school all-girls math class in northern public schools that will give every alcohol effects, FAE, during the next Maine. This math class, which is an ad- child in this country the ability to suc- year. vanced math class taught at Presque ceed. My amendment will provide $25 mil- Isle High School, has been proven to be Thank you, Mr. President. lion to establish a competitive grant of enormous benefit to the young I yield the floor and ask my col- program to fund prevention and treat- women who are enrolled in it. They do leagues for their support of the ment services to individuals with FAS very advanced math. It has been shown Hutchison-Collins amendment. and FAE and their families. This grant that their SAT scores soared. The PRESIDING OFFICER. The program is absolutely critical for sev- Moreover, it gives them the con- question now occurs on the Hutchison eral reasons. fidence that they can handle advanced amendment numbered 3619. FAS and FAE are 100 percent pre- math and science and other subjects Mrs. HUTCHISON. Mr. President, I ventable. Despite this fact, the Centers that unfortunately women sometimes ask for the yeas and nays. for Disease Control have reported a six- have felt uneasy about, even though The PRESIDING OFFICER. Is there a fold increase in the incidence of babies obviously girls and women have every sufficient second? born with FAS between 1960 and 1995. ability in the world to handle such sub- There is a sufficient second. One in five women still drink during jects. This class has been an enormous The clerk will call the roll. pregnancy. success for the girls at Presque Isle The bill clerk called the roll. Once a child has been born with FAS High School. Mr. REID. I announce that the Sen- or FAE, there is still much we can do Unfortunately, a few years ago, the ator from Hawaii (Mr. INOUYE) is nec- to help prevent the secondary disabil- Department of Education objected to essarily absent ities that often accompany the disease. this class despite the fact that it was The PRESIDING OFFICER (Mr. L. For too long, we have treated the showing such enormous results for the CHAFEE). Are there any other Senators birth of an FAS or FAE child as the young women who were enrolled in it. in the Chamber who desire to vote? losing end of a battle, rather than the They were taught by a very gifted The result was announced—yeas 99, beginning of one we can win. We have teacher, Donna Lisnik, who has subse- nays 0, as follows: neglected children with FAS and FAE quently gone on to be the principal of at the peril of those individuals, their [Rollcall Vote No. 151 Leg.] a school in Aroostook County. But she families and their communities. was the one who originated this course. YEAS—99 Let me illustrate this point with two The Department of Education ob- Abraham Dodd Kerry real life examples—Karli Schrider and jected because it was a same-sex class. Akaka Domenici Kohl Allard Dorgan Kyl Lucy Klene. They have been able to get around Ashcroft Durbin Landrieu Twenty-eight years ago, when Karli’s that. But that shouldn’t require a Baucus Edwards Lautenberg mother, Kathy, was pregnant with waiver or a circumvention of the law. Bayh Enzi Leahy Karli, it was not uncommon for expect- Bennett Feingold Levin The amendment of the Senator from Biden Feinstein Lieberman ant mothers to be told to ‘‘drink a beer Texas would cure this situation. Bingaman Fitzgerald Lincoln a day for a fat, healthy baby.’’ Women Thank you, Mr. President. Bond Frist Lott who were in danger of miscarrying The PRESIDING OFFICER. The Sen- Boxer Gorton Lugar were sometimes hospitalized and given Breaux Graham Mack ator from Texas. Brownback Gramm McCain alcohol intravenously for five or six Mrs. HUTCHISON. Mr. President, I Bryan Grams McConnell hours in the mistaken belief it would thank Senator COLLINS, the cosponsor Bunning Grassley Mikulski prevent miscarriage. of this amendment, who has worked Burns Gregg Moynihan Back then, it never crossed Kathy’s Byrd Hagel Murkowski with me because of the very example Campbell Harkin Murray mind that her occasional glasses of that she just gave. Chafee, L. Hatch Nickles wine might be harming her unborn She has the situation in her State Cleland Helms Reed child. Besides, just the year before, Cochran Hollings Reid where this actually has curbed the cre- Collins Hutchinson Robb Kathy had had another baby who was ativity of public schools in offering Conrad Hutchison Roberts perfectly healthy, and she drank dur- more options for parents who believe Coverdell Inhofe Rockefeller ing that pregnancy too. their adolescent boys or their young Craig Jeffords Roth The first time Karli was Crapo Johnson Santorum girls would do better in a single-sex Daschle Kennedy Sarbanes misdiagnosed, she was an infant. A doc- setting. In fact, in Detroit, MI, there is DeWine Kerrey Schumer tor attributed her developmental

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12795 delays to chronic ear infections. When able to live an independent and produc- The grant program will be directed she was 4 years old, a psychologist of- tive life when she grows up. by the Centers for Disease Control and fered another explanation for Karli’s Together, Karli and Lucy illustrate the Substance Abuse and Mental difficulties. He said she was being the challenges that families with FAS Health Services Administration. Por- ‘‘willfully disobedient.’’ and FAE face and the need for ex- tions of the funding for the grant will When Karli was 8, a team of special- panded prevention, early detection and come from each of these agencies. ists misdiagnosed her again—with cere- real support for FAS/FAE families. It is time for Congress to join those bral palsy. While we have certainly seen who have already dedicated time and Eight years later, when Karli was 16, progress—it took Karli’s family 16 resources to this effort. Particularly, I Kathy was training to be a substance years to get a correct diagnosis and want to recognize the National Organi- abuse counselor. As part of her train- Lucy’s family about 16 months—there zation of Fetal Alcohol Syndrome that ing, she attended a conference on is still much more that needs to be has been aiding children and families ‘‘crack babies.’’ Sitting in the audi- done. and fighting for prevention for the last ence, she was stunned. Every char- A study recently released by Anne 10 years. I would also like to thank the acteristic of ‘‘crack babies’’ the lec- Streissguth at the University of Wash- directors of the Family Resource Insti- turer described, Karli had. But Kathy ington illustrates the importance of tute, who have educated and been a had never used crack. early intervention with individuals voice for parents of children with alco- She tracked down the few studies with FAS and FAE: hol-related birth defects. I also greatly that had been done at that time on the 94 percent of children and adults with appreciate the work of those in my own effects of alcohol on fetuses. Again, she FAS experience mental health prob- state, including Judy Struck and those saw the same list of symptoms. lems; at the University Affiliated Program, Years later, researchers would an- 45 percent exhibit inappropriate sex- Charles Schaad, and the South Dakota nounce that most of the symptoms ual behavior; March of Dimes. they originally thought were the result 43 percent have a disrupted school ex- The National Institute of Alcoholism of fetal exposure to crack were actu- perience; and Alcohol Abuse, NIAAA, has been ally the result of fetal alcohol expo- 42 percent have trouble with the law; studying FAS and FAE for more than sure, and that alcohol is much more Of the 90 adults studied, 83 percent do 20 years, and it has provided excellent devastating to fetuses than crack—or not live independently and 79 percent leadership with the Inter-Agency Co- any other drug. have problems with employment; and, ordinating Committee. The Centers for Learning the real cause of Karli’s 72 percent have been victims of phys- Disease Control and the Substance special challenges has not lessened ical or sexual abuse or domestic vio- Abuse and Mental Health Services Ad- them. FAS and FAE are lifelong condi- lence. ministration should also be com- tions. But, knowing the truth has en- This study also showed that the pres- mended for their growing dedication to abled Kathy—and others in Karli’s life ence of protective factors such as an this cause. early diagnosis and a stable and nur- —to focus less on Karli’s deficits, and We have developed a model for deal- turing home reduce secondary disabil- more on her strengths. ing with FAS and FAE that will bring One of those strengths is Karli’s ex- ities. Even though early diagnosis is our nation’s best scientists together traordinary kindness and empathy. In critical for preventing secondary dis- with advocates, service providers and addition to her volunteer work at abilities, only 11 percent of kids and families and will enable us to develop NOFAS, Karli also volunteers to help adults studied were diagnosed by age 6. our knowledge of successful preven- people with cerebral palsy, and the el- While intensive intervention is crit- tion, diagnosis, early detection, and derly. Two years ago, she was named ical to enabling individuals with FAS education. It is the result of extensive one of America’s ‘‘Thousand Points of and FAE to live productive, safe lives, consultation and input from experts in Light’’ by former President Bush. She there is still widespread ignorance the field. I urge my colleagues to vote is an inspiration to everyone who about this disease in the health care, in support of this important amend- meets her, and one of the reasons I be- scientific and educational commu- ment. lieve so deeply in advocating for chil- nities. There is little advice available dren with FAS and FAE. to families on parenting skills or how The PRESIDING OFFICER. The Sen- Another reason is a pint-sized girl to utilize outside resources. ator from Pennsylvania. named Lucy Klene. Lucy is 4 years old. Even when parents seek help from Mr. SPECTER. Mr. President, before She spent the first two years of her life professionals, those teachers, coun- I comment on the pending amendment, in an orphanage in Russia. When she selors or health care providers may not the ranking member of the sub- was 2, she was adopted by Stephan and have the training to provide necessary committee and I have conferred, as we Lydia Klene, of Herndon, Virginia. The assistance or offer the right informa- have been trying to have all of the Klenes also adopted a son from Russia, tion. amendments submitted. We make a re- Paul, who is 3 years old and has no ap- Teachers often do not have the tools quest at this time that any Senator parent fetal alcohol effects. they need to serve these special-need who has an amendment to this bill, let Within a month after bringing Lucy students. Physicians frequently do not us know what it is by 11 o’clock. It is and Paul home, Stephan and Lydia know which medications to provide, if our intention, shortly thereafter, to began to suspect that Lucy had special any. And, like Karli, many individuals propound a unanimous consent request challenges. Over the next 16 months, with FAS and FAE still remain uniden- that the amendments submitted to us Lucy was evaluated eight times by pe- tified and mislabeled as noncompliant at that time be the only amendments diatricians and other specialists. or delinquent. which will be considered on the bill. Not one of them recognized the This amendment will fund a grant That is by 11 o’clock. symptoms of Lucy’s fetal alcohol ef- program within HHS to develop FAS Briefly, on the pending amendment fects. Finally, scouring the Internet, training and treatment models that offered by the Senator from South Da- Stephan stumbled on the truth. He and can be replicated around the country. kota, it is a very good amendment Lydia took their research to Lucy’s pe- The grant program was authorized by which allocates $25 million to fetal al- diatrician, who read it and confirmed Congress in the fiscal year 1999 appro- cohol syndrome. Some $15 million is their hunch. priations bill. The program will pro- currently allocated. It may be even a Today, Lucy is a talented little gym- vide much-needed assistance to fami- greater amount should be allocated for nast who attends special education pre- lies, who, in many cases, have been this very pressing problem. school. And while it’s still too early to bearing the burden of this national I yield the floor. know for sure, her doctor and parents public health problem unaided and The PRESIDING OFFICER. The Sen- think there is a good chance she will be alone. ator from Missouri.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 12796 CONGRESSIONAL RECORD—SENATE June 28, 2000 Mr. BOND. Mr. President, I com- Sarbanes Snowe Torricelli AMENDMENT NO. 3661 Schumer Specter Voinovich (Purpose: To provide an additional pliment my colleague from South Da- Sessions Stevens Warner $202,000,000 to carry out title II of the High- kota for bringing attention to this seri- Shelby Thomas Wellstone er Education Act of 1965) ous problem. Fetal alcohol syndrome Smith (NH) Thompson Wyden affects 2,000 infants born every year. At Smith (OR) Thurmond Mr. KENNEDY. Mr. President, I send the same time, we must keep in mind NAYS—1 an amendment to the desk and ask for that birth defects generally are a Allard its immediate consideration. The PRESIDING OFFICER. The major, even larger health care problem NOT VOTING—1 in this country. Birth defects are the clerk will report. Inouye The assistant legislative clerk read leading cause of infant mortality, and as follows: about 150,000 children will be born with The amendment (No. 3658) was agreed The Senator from Massachusetts [Mr. KEN- a major birth defect annually. to. Mr. SPECTER. Mr. President, I move NEDY], for himself, Mr. REED, Mr. BINGAMAN, This year, CDC is spending only $16.5 to reconsider the vote, and I move to Mr. WELLSTONE, Mr. DODD, Mrs. MURRAY, Mr. million total on all birth defects, with lay that motion on the table. LEVIN, Mr. SCHUMER, and Mr. DURBIN, pro- an additional $2 million being spent on The motion to lay on the table was poses an amendment numbered 3661. a folic acid awareness campaign for agreed to. Mr. KENNEDY. Mr. President, I ask which I fought and worked with my The PRESIDING OFFICER. The Sen- unanimous consent that reading of the colleagues in this body to support. The ator from Pennsylvania. amendment be dispensed with. $10 million for CDC to fight fetal alco- Mr. SPECTER. Mr. President, the The PRESIDING OFFICER. Without hol syndrome would be well spent. At Senator from Iowa and I had an- objection, it is so ordered. the same time, we need to significantly nounced previously our request that all The amendment is as follows: increase our overall investment in the Senators submit amendments by 11 At the end of the title III, insert the fol- fight against birth defects. a.m. this morning. It is our intention, lowing: I look forward to working with the as soon thereafter as we can, to com- SEC. . TEACHER QUALITY ENHANCEMENT. chairman and ranking member and In addition to any other funds appro- pile a list and to ask unanimous con- priated under this Act to carry out title II of Senator DASCHLE as we move forward sent that that be the exclusive list for the Higher Education Act of 1965, there are to make sure this critical area of chil- amendments to be considered on this appropriated $202,000,000 to carry out such dren’s health is adequately addressed bill. title. in this bill and in the work of the CDC Mr. HARKIN. Mr. President, if the Mr. KENNEDY. Mr. President, I offer in the coming year. Senator will yield, I fully support him this amendment along with Senators I thank the Chair. in that. At 11 o’clock, which is about 20 REED, BINGAMAN, WELLSTONE, DODD, The PRESIDING OFFICER. The Sen- minutes from now, we hope to be in- MURRAY, LEVIN, SCHUMER, and DURBIN. ator from South Dakota. formed of all amendments. I say to Mr. President, this amendment is one Mr. DASCHLE. I yield back the re- Senators on our side, please let us of the most important policy matters mainder of my time. know, either through the Cloakroom or that we are going to consider on this I ask for the yeas and nays. directly, because shortly after that, I appropriation bill, and that is whether The PRESIDING OFFICER. Is there a will be joining with our chairman in we are going to provide adequate re- sufficient second? propounding a unanimous consent resources to train the needed number of There is a sufficient second. quest to make that a finite list. teachers for our classrooms and for The question is on agreeing to Mr. SPECTER. Mr. President, I children across this country. amendment No. 3658. The clerk will thank my distinguished colleague from We believe—at least I do—that the call the roll. Iowa. We had announced that between funds that have been allocated in the The legislative clerk called the roll. the votes, but we repeat it at this time. current bill are inadequate to do the Mr. REID. I announce that the Sen- We think we can conclude this bill job. I spelled out in my earlier com- ator from Hawaii (Mr. INOUYE) is nec- today. If we have the cooperation of ments that I know the Appropriations essarily absent. Senators on letting us know about Committee received allocations. But, I The PRESIDING OFFICER. Are there their amendments, we will be able to don’t believe those allocations given to any other Senators in the Chamber de- do that. the committee were adequate to really siring to vote?– Mr. President, we are about to have respond to the challenges we are facing The result was announced—yeas 98, an amendment offered by the distin- in education. It is as a result of the nays 1, as follows: guished Senator from Massachusetts, fact that the Republican leadership [Rollcall Vote No. 152 Leg.] Mr. KENNEDY. This has been worked wants to have a tax break. It seems to YEAS—98 out, but I formally ask unanimous con- me that these priorities take pref- sent that time on the amendment by Abraham Dodd Kerrey erence over that. I wish these priorities Akaka Domenici Kerry Senator KENNEDY be limited to 60 min- had been given additional funds. In Ashcroft Dorgan Kohl utes equally divided with no second-despite of that, we ought to make an ex- Baucus Durbin Kyl gree amendments in order prior to the Bayh Edwards Landrieu pression in the Senate about our prior- Bennett Enzi Lautenberg vote. ities for the children of this country, Biden Feingold Leahy The PRESIDING OFFICER. Without particularly in the area of training Bingaman Feinstein Levin objection, it is so ordered. teachers, so that we are going to have Bond Fitzgerald Lieberman Mr. SPECTER. Mr. President, the Boxer Frist Lincoln a well-trained teacher in every class- Breaux Gorton Lott Kennedy amendment will be followed room in the country. Brownback Graham Lugar in sequence by an amendment by the Mr. President, it was only in Feb- Bryan Gramm Mack Senator from Connecticut, Mr. DODD. ruary of this year that the Wall Street Bunning Grams McCain This has been cleared. Burns Grassley McConnell Journal had an article on the front Byrd Gregg Mikulski I ask unanimous consent that the page: Campbell Hagel Moynihan time on the Dodd amendment, prior to Chafee, L. Harkin Murkowski the vote in relation to that amend- SCHOOLS TURN TO TEMP AGENCIES FOR SUBSTITUTE TEACHERS Cleland Hatch Murray ment, be limited to 30 minutes equally Cochran Helms Nickles Most school districts begin each day with a Collins Hollings Reed divided with no second-degree amend- nerve-racking hunt for substitutes to fill in Conrad Hutchinson Reid ments in order prior to the vote. for absent teachers. With a tight labor mar- Coverdell Hutchison Robb The PRESIDING OFFICER. Without ket making the task especially tough, a few Craig Inhofe Roberts objection, it is so ordered. Crapo Jeffords Rockefeller are starting to outsource the job. Kelly Serv- Daschle Johnson Roth Mr. SPECTER. I yield the floor to ices Inc. unveiled the first nationwide sub- DeWine Kennedy Santorum Senator KENNEDY. stitute teacher program four months ago,

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12797 and now handles screening and scheduling The problem in making recommenda- If you look at what is happening in for 20 schools in 10 States. tions is about how to address them. I this last year, as this money is being Mr. President, this is a national in- will take a moment to read the major expended in 2000, where the grants are dictment of policy out of the local, flaws in teacher preparation: being made, now, it is only the dif- State, and Federal level, where we are For new teachers, improving standards be- ference between $77 million and $98 using the Kelly Services, which have gins with teacher preparation. Prospective million because about 95 percent of the provided professional secretaries and teachers learn just as other students do: by $77 million is carried through in 2- to 3- office assistants, and now they are out studying, practicing, and reflecting; by col- year programs. So the current situa- there recruiting teachers to teach in laborating with others; by looking closely at tion is that over a 2-year period, with the schools for the children of this students and their work; and by sharing the demand for 2.2 million teachers, what they see. For prospective teachers, this our Federal response has been to pro- country. We have to be more serious kind of learning cannot occur in college about this issue. We know what needs classrooms divorced from schools or in vide $21 million to help States and to be done, and we ought to get about schools divorced from current research. local communities go out and recruit the business of doing it. Yet, until recently, most teacher edu- teachers, when we have a need for 2.2 We have a number of groups that sup- cation programs taught theory separately million of them. That is effectively port our amendment, which include the from application. Teachers were taught to wrong. We cannot do that. It is so im- American Association of Colleges for teach in lecture halls from texts and teach- portant, and I will come back to this. Teacher Education, the Association of ers who frequently had not themselves ever Let me just show you here what hap- practiced what they were teaching. Stu- Community Colleges, American Coun- pened. For the $77 million that we had, dents’ courses on subject matter were dis- we had 366 total applicants, but only 77 cil on Education, the National Associa- connected from their courses on teaching tion of Independent Colleges, the NEA, methods, which were in turn disconnected applications could be funded. We had 5 the AFT, Council of Chief State School from their courses on learning and develop- times the number of applications for Officers, and others. ment. They often encountered entirely dif- the number of grants available. The de- I ask unanimous consent that the ferent ideas in their student teaching, which sire is out there. The interest is out full list of those supporting the pro- made up a tiny taste of practice added on, there. Parents and local communities without connections, to the end of their gram be printed in the RECORD. want this kind of help and assistance. course work. There being no objection, the mate- We are funding one out of five. And rial was ordered to be printed in the Mr. President, they made a series of this is what is happening, also: We are RECORD, as follows: recommendations about what we ought expecting $21 million in grants for this to do. One was to reinvent teacher GROUPS THAT SUPPORT THE KENNEDY current year, zero for next year. We ex- TEACHER QUALITY AMENDMENT preparation and professional develop- pect that 11 applications will be funded American Association of Colleges for ment. It included professional develop- out of 141 total applications. That is Teacher Education. ment in the schools themselves. Also, more than 12 times the number. People American Association of Collegiate Reg- it talked about the importance of men- across this country—States, edu- istrars and Admissions Officers. toring. Those are two very important cational centers, local communities— American Association of Community Col- features which have been left out in want the help. One of the most impor- leges. terms of this underlying appropriations tant aspects of education is having American Association of State Colleges bill which were included in our author- and Universities. well-trained teachers. What I find so American Council on Education. ization bill. troublesome is the fact that we worked American Federation of Teachers. Then, further, it goes on and says: out a bipartisan effort in the Higher Association of Jesuit Colleges and Univer- . . . fix teacher recruitment and put quali- Education Act of 1998, which is basi- sities. fied teachers in every classroom. cally what this is all about. Boston College. That was one of the very strong com- It is about funding the provisions in National Association of College and Uni- mitments that we had in our Demo- the 1998 Higher Education Act. When versity Business Officers. National Association of Independent Col- cratic proposal, our Democratic com- we authorized the Higher Education leges and Universities. mitment for the Elementary and Sec- Act in 1998, we had strong bipartisan National Association of State Universities ondary Education Act—a commitment support. Efforts were led by Senators and Land-Grant Colleges. to American families that we would REED, BINGAMAN, JEFFORDS, and National Education Association. put a well-qualified teacher in every GREGG. Our goal was to create a pro- National PTA. classroom in this country within 4 gram to address the Nation’s needs and The California State University. to recruit better qualified teachers to Clark University. years. The College Board. Look at what happened last year enter the classroom. Each day, we Council of Chief State School Officers. across this country, where school disagreed on that basic principle. Lesley College, School of Education. tricts hired 50,000 unqualified teachers. I hope our colleagues will agree to University of California. This isn’t a problem of just 1996, this is give it the full support it deserves. University of Massachusetts. a problem of the year 2000 and 2001. We Senator DEWINE during the course of Mr. KENNEDY. Mr. President, in have to address it. the debate on title II: 1996, what is basically the most impor- So where are we in terms of these Really, there is nothing more important in tant document that has been published recommendations that we took to regard to education than the teacher. Our on the need for getting high-quality heart in a very bipartisan way—which children deserve to be taught by teachers who really understand their subject, under- teachers for the children of this coun- I will come back to—in terms of our El- stand the subject matter. try has been published by the National ementary and Secondary Education I have worked hard to incorporate meas- Commission on Teaching in America’s Act? ures concerning good teaching into this bill. Future, in September of 1996—‘‘What In this legislation, there is effec- I want to thank Chairman Jeffords for the Matters Most: Teaching for America’s tively no new money for teacher prepa- assistance that he has given me and the co- Future.’’ There are many other studies ration. We are going to have level fund- operation in getting these sections incor- and documents, but I think this is ing for title II of the Higher Education porated into this very good bill. about as fine a document as we could Act. This is what is requested; $98 mil- Senator JEFFORDS: have. In our Health, Education, Labor, lion was requested last year and $98 As its foundation, Title II embraces the no- and Pensions Committee, we relied on million for this year. So there is vir- tion that investing in the preparation of our it very substantially, but not com- tually no increase. There will be abso- nation’s teachers is a good one. Well-prepared teachers play a key role in making it pletely. We had over 20 days of hear- lutely no new Federal participation in possible for our students to achieve the ings on our elementary and secondary working with States and local commu- standards required to assure both their own education bill. Nonetheless, this docu- nities in terms of enhanced teacher re- well being and the ability of our country to ment was, I thought, very profound. cruitment—zero, none. compete internationally.

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Senator MCCAIN on July 8: math teachers; 98% report a critical need in That has impacted many of our com- Another important component of this bill science; and 97% report a critical need in munities. Many of our communities are is the establishment of a comprehensive pro- special education. increasingly challenged with a wide ex- gram promoting statewide reforms to en- There it is. In urban areas across the pansion of diversity that eventually, of hance the performance of teachers in the country: No math, no science, no spe- course, adds such extraordinary value classroom by improving the quality of teach- cial education. We are asking our- to these communities. But they ini- er training. Having professional, well-trained selves: What can we do as a nation to tially put additional kinds of pressures teachers is an essential component for ensur- try to make a difference for children in on education institutions and other in- ing that our children achieve high edu- our country? I don’t know how many cational standards. stitutions. That has been true in Con- more studies we have to have. I am not necticut, and it has been true in my Senator SMITH of Oregon: saying if you just pour buckets of own State of Massachusetts. By improving the quality of teacher train- money, it is going to solve the prob- What does this report say? The report ing and recruitment, increasing the pur- lem. But one thing we know is that chasing power of students through Pell says that when you have sizable invest- without the investment of resources in ments and intensive recruitment ef- grants and other forms of student assistance, these areas, we are not going to solve and by improving access to higher education forts and initiatives to improve for students with disabilities, this legislation it either. preservice teacher educating, licensing, My colleagues will speak about other provides opportunity for the young people of beginning teacher mentoring, and on- aspects. But we need investment in our Nation to seek a higher education. going professional development, you terms of recruitment and professional The list goes on and on. It keeps see dramatic increases in the quality of development and in terms of men- going on, with the exception to stop education for these children. when it comes to putting funding into toring. Listen to the results of some of these I think that would be fairly self-evi- these kinds of commitments. studies. dent for people in this Chamber to un- These are efforts that have been ‘‘Teacher Quality and Student derstand. We certainly understood it in made in a bipartisan way to try to get Achievement’’, Linda Darling-Ham- the Health, Education, Labor and Pen- an effective program and partnership mond, December 1999: sions committee. It was understood with the State and local communities. The states that repeatedly lead the nation there. As I pointed out, there is broad Effectively, we are zeroing this out. We in math and reading achievement have bipartisan support for those particular had $21 million provided for this last among the nation’s most highly qualified provisions. year. That is wrong. teachers and have made long-standing in- We find that the various studies—I Research shows that the national vestments in the quality of teaching. The mentioned just a few of them—are need for high-quality teachers is grow- top scoring states—Minnesota, North Da- kota, and Iowa, recently joined by Wis- compelling and convincing, and those ing: who wrote those studies made presen- Doing What Matters Most: Investing consin, Maine, and Montana—all have rigorous standards for teaching that include re- tations which were compelling. Others, in Quality Teaching, November 1997: quiring extensive study of education plus a in response to those measures, indi- Nationally, relatively few teachers have major in the field to be taught. By contrast, cated they were compelling. access to sustained, intensive professional states such as Georgia and South Carolina, I see Senator REED. I understand I development about their subject matter, where reform initiatives across a comparable only have 10 minutes left. I yield my- teaching methods, or new technologies. period focused on curriculum and testing but invested less in teacher learning, showed lit- self 3 more minutes. National Center for Education Serv- Let me point out exactly what this ices, The Baby Boom Echo Report, 1998: tle success in raising student achievement within this timeframe. amendment does. An estimated 2.2 million teachers will be My amendment increases the appro- needed over the next 10 years to make up for Do we have that? What are the con- a large number of teachers nearing retire- clusions? If you invest more in quality priation for the Teacher Quality En- ment and rapid enrollment growth. teachers and recruiting, and providing hancement Grants from $98 million in the underlying FY2001 Labor, Health One thing is for sure: They are not and keeping professional enhancement and Human Services, and Education getting them in here. The Federal Gov- and mentoring, you are going to have the corresponding results in enhanced appropriations bill to the full author- ernment is AWOL on that issue of edu- academic achievement. ization level of $300 million to enable cation. That is what these reports show. If much greater participation in this What matters most is teaching for you do not do this, and spend the vital program to improve teacher prep- America’s future. money in other ways, which you could aration and recruitment. The National Commission on Teach- do with the general funds—which I This increase in appropriations from ing and America’s Future found that would call the block grant way—you more than 50,000 people who lack the $98 million to $300 million will help find that you are failing the children in fund over 100 additional partnerships. training for the job enter teaching an- those particular areas. nually on emergency or provisional li- The Teacher Quality Enhancement 1996 Mathematics Report Card for the Na- censes. And, 30–50% of teachers leave Program provides three types of grants tion and the States, and 1994 Reading Report to improve teacher training and re- within the first three to five years. In Card for the Nation and the States (National urban district, the attrition rate can be Assessment of Education Progress): Over the cruitment: 30–50% in the first year. last decade of reform, North Carolina and One, local partnership grant to im- That is what is happening. You get Connecticut have made sizable investments prove teacher training; two, State them in there, and they leave, unless in major statewide increases in teacher sala- grants are to implement statewide you have some very important ries and intensive recruitment efforts and teacher reform efforts; and three, local initiatives to improve preservice teacher changes, such as providing skills for partnerships for State grants to focus education, licensing, beginning teacher men- on innovative teacher recruit pro- teachers who will be working with toring, and ongoing professional develop- newer teachers in situations involving ment. Since then, North Carolina has posted grams. mentoring, where we have seen these among the largest students achievement The teacher quality enhancement figures change dramatically and where gains in math and reading of any state in the grants support local partnerships teachers will remain and work in these nation, now scoring well above the national among teachers, institutions, and local communities. average in 4th grade reading and math, al- schools to help improve in many ways though it entered the 1990s near the bottom The Urban Teacher Challenge Report the quality of teachers entering the of the state rankings. Connecticut has also classroom. By increasing the coopera- of January 2000: posted significant gains, becoming one of the One hundred percent of 40 urban school dis- top scoring states in the nation in math and tion between college programs that tricts surveyed have an urgent need for reading, despite an increase in the propor- prepare new teachers in the schools teachers in at least one subject area. 95% of tion of students with special needs during that hire the teachers, teachers obtain urban districts report a critical need for that time. the effective training they need to

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12799 teach in classroom settings. The pro- pect, but it can’t substitute for de- lion, creating an additional 100 part- spective teachers have more opportuni- tailed knowledge of the subject—be it nerships, State and recruitment ties to observe successful veteran science, history, or mathematics. They grants. This will help meet the demand teachers and obtain feedback. also have to understand how to inte- and do the one thing that is so critical I urge the Senate to support this grate technology, which is at the key to education reform in this country, amendment to increase the funding for of most of the breakthroughs in edu- which is not questioned by anyone, evi- this critical program so more of the cation in the United States today. denced by a 96–0 vote in this Chamber Nation’s schools and communities can They have to be able to deal with a approving the program: We have to en- improve teacher training programs. diverse population of students, some hance the quality of teachers in this The Nation’s children deserve no less. with limited English proficiency, some country. We can’t do it just with admo- Under the current proposal in the who are coming from cultures much nitions. We can’t do it just with senti- Senate, there is no new money for different from the culture in which the ments. We have to do it with dollars. teacher preparation level for title II. teacher grew up. We have a program that works. We There is minimal increase in the Eisen- All of this necessitates significant re- have a popular program. We just don’t hower program, which effectively had form in our educational practice. That have the resources. Senator KENNEDY’s been block granted in the Elementary is why, in the Higher Education Act, I amendment, which I am proud to co- and Secondary Education Act, so it worked closely with my colleague, Sen- sponsor, will give us the resources to may disappear completely. There are ator KENNEDY, and others to develop do the job. no funds for mentoring or recruitment. partnerships between teacher colleges I thank the Senator. I yield back the I think the bipartisan program that and elementary and secondary remainder of my time. passed out of our human resources schools—real partnerships where aspir- The PRESIDING OFFICER. The Sen- committee on higher education consid- ing teachers can get the clinical expe- ator from Pennsylvania. Mr. SPECTER. Mr. President, the ered these various measures and had rience, and the other things necessary bill which has been reported out by the bipartisan support. I think we ought to to be prepared for today’s classrooms. Appropriations Committee appro- give life to those recommendations. It is similar to the model of physician priates some $40.2 billion to education That is what this amendment does. training. We would never send a physi- funding, an increase of $4.6 billion over I withhold the remainder of my time. cian into an operating room simply last year. This bill has $100 million The PRESIDING OFFICER (Mr. with a few lectures on theory. It is more than the President asked for. We HUTCHINSON). The Senator from Penn- practice, practice, practice, before they have assessed the priorities as the sub- sylvania. are allowed to operate. It should be the committee saw them and as the full Mr. SPECTER. Mr. President, I pre- same for teachers. committee saw them and have made fer to hear the balance of the argument We can’t do that unless we fully fund very substantial increases in very of the proponents of the amendment the teacher quality grants. They cover many important accounts. before responding. the spectrum. First, they provide the For example, on the title I grants, How much time remains? opportunity for these partnerships to there is an increase of $394 million, The PRESIDING OFFICER. The Sen- develop. Second, they support state- bringing the total to $8.3 billion. On ator from Massachusetts has 8 minutes wide reforms. Third, they allow for re- the 21st Century Afterschool Program, remaining. The Senator from Pennsyl- cruitment of teachers, particularly to there is an increase of $146 million, vania has 30 minutes remaining. reduce shortages of qualified teachers coming to $600 million. On special edu- Mr. KENNEDY. I yield 5 minutes to in high-need school districts. cation, where we have made an ex- the Senator. We will need 2 million new teachers traordinary effort to try to have the The PRESIDING OFFICER. The Sen- over the next 10 years because of the Federal Government meet its obliga- ator from Rhode Island. changing population of teachers, retir- tion, we have made an increase of $1.3 Mr. REED. I thank Senator KENNEDY ing teachers who are leaving, and the billion to $7.3 billion. On title VI inno- for yielding and for sponsoring this increase of our student population en- vative education State grants, we had amendment. He has grasped the most tering first grade and kindergarten. an increase—this was considered so im- critical aspect of educational reform in Look at any urban school district in portant—from $400 million to $3.1 bil- the United States today—improving this country, and you will see they are lion. On Pell grants, we had an increase the quality of teachers. He has simply suffering severe teacher shortages. Re- of $350, to $3,650, a very important brought forward the bipartisan, unani- cruitment is necessary. grant program enabling people to go to mous consent we reached in the Higher We also need to stimulate partner- college. On the higher education pro- Education Act amendments of 1998 ships that are so essential between col- grams, we had an increase of $165 mil- where, in the vote of 96–0, we passed leges of education and elementary and lion to $1.7 billion. the teacher quality enhancement secondary schools. The amendment which the Senator grants program. We authorized a mag- Last year, $77 million was available from Massachusetts has offered is a nificent program on a unanimous vote, for new grants. Mr. President, 366 ap- very worthwhile amendment. I do not but we have failed to fully fund it. If plications were received—a huge re- deny that for a moment. If we had we have the plan, but not the money, sponse—from States and local school more funding, I would be glad to see us we are not going to succeed. districts. This is a popular program. increase the money in that account by Senator KENNEDY is simply saying, The Department of Education could what the Senator from Massachusetts we have a good plan, let’s put the re- only fund 77: 25 local partnerships, 24 would like to have. But the difficulty is sources behind it. State grants, and 28 teacher recruit- that we have assessed the priorities. We understand we need to have high- ment grants. Rhode Island, I am proud We have stretched the subcommittee quality teachers to meet the challenges to say, got a State grant and is using it allocation to $104.5 billion. That is the of the 21st century classroom. These very well. maximum amount which could be ob- challenges are different from 50, 30, 20, This year, however, only $21 million tained, consistent with the wishes of even 10 years ago. It is no longer suffi- was available for new grants. There our caucus. In fact, that is stretching cient for a student to go to a teacher were 141 applicants, but the Depart- the matter. college and learn about pedagogy and ment of Education estimates they will Last year, we lost some 20 members then go into the classroom. They need only be able to fund 11 grants—1 in 12. of the Republican caucus of 55 because to have clinical exposure. They must The need is there and the plan is there; there was too much money in the bill have real-life experiences in the class- the resources are lacking. That is why as it was viewed on our side of the room before they become new teachers. we are here today. aisle. But we have come in here with They also have to understand their We want to fully fund this program $104.5 billion and made allocations as subject matter. Technique is one as- up to the authorized total of $300 mil- we see fit, as we assessed the priorities.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 12800 CONGRESSIONAL RECORD—SENATE June 28, 2000 Regrettably, I could not be on the clude a Kennedy amendment to add ness as usual. I don’t think it is a mat- floor yesterday to debate the Wellstone money? I ask him that every year. I ter of shifting priorities from here to amendment and the Bingaman amend- want to know what the answer is next there on this matter, and shuffling the ment and the Murray amendment be- year, so we can bring a bill, hopefully, debt. I respect the Senator from Penn- cause I was busy on a Judiciary Com- which would have sufficient money. sylvania’s strong commitment to edu- mittee hearing where I have the re- But if it is $1.4 billion for class size, cation and health. There is nobody in sponsibility to chair the subcommittee someone is going to offer an amend- this body who doubts it. But we are on the Department of Justice over- ment for more money. Senator MURRAY talking about the broader issue, and sight. If time permits today, I am did so, for $350 million more. Whatever that is, given the announcement yes- going to talk a little bit about that. the amount of money we put in, some- terday that we are going to have a $750 But when Senator WELLSTONE offered body is going to offer an amendment billion surplus in addition to what was an amendment for $1.7 billion to infor more money. expected, whether we are going to be crease title I funding, I would, frankly, I said last year, in voting against the able to find some $300 million to im- like to see that funding done. Title I is add-ons, that I had cast more difficult prove the quality of education, and do very important, but I had to vote votes that I did not like in the 4 days it in a program that has strong bipar- against it because it is a matter of as- I managed this bill than I had cast in tisan support, that is what this is sessing the priorities. the previous 18 years I had been in the about. That is really what is at issue. When Senator BINGAMAN offered a Senate because I am a firm believer in With regard to our program, in the $250 million increase, again on title I, education. legislation, the national commission, it was very meritorious. There is no In the Specter household, my parents they say: higher priority, in my opinion, than had very little. My mother went to the We recommend that colleges and schools education. The only priority which eighth grade; my father, an immigrant, work with the States to redesign teacher equals education is health care. had no formal education. My brother education so that the 2 million teachers The allocations which our sub- and two sisters and I have been able to hired in the next decade are adequately pre- committee has made have to take into share in the American dream because pared. account education and health care. We of educational opportunity. I have been Then they list the various criteria: have increased the funding very mate- on this subcommittee for my entire . . . stronger disciplinary preparation, rially on the National Institutes of tenure in the Senate, and I am doing greater focus on learning, more knowledge Health and on drug rehabilitation pro- everything I can to promote education about curricula, greater understanding of grams and on school violence pro- in America so everybody has the max- special needs, multicultural competence, grams—all of which have to come out imum opportunity. preparation for collaboration, technological skills, and strong emphasis on reflection. of the overall funding of $104.5 billion. I would like to spend more money on Senator MURRAY offered an amend- teacher recruitment, teacher develop- Those have all been incorporated in ment on class size, wanting to add $350 ment, but it cannot be done within the our underlying amendment, which we million. She disagreed with what the confines of the very enormous alloca- are trying to fund. That is why it had committee has done on the sub- tion we have at the present time. the strong bipartisan support. Without committee recommendation, meeting Mr. President, how much time do I this amendment, we have, effectively, the President’s request for $1.4 billion have left on the 30 minutes? flat funding. In our appropriation pri- for teachers to reduce class size. But The PRESIDING OFFICER. The Sen- orities, we are saying to the American we added a provision, if the local ator has 22 minutes remaining. people that we are not going to fund re- school districts want to use it for Mr. SPECTER. I yield the floor. sources to provide the best teachers in something else, they could get their The PRESIDING OFFICER. The Sen- the classrooms of America. I think we share somewhere else. ator from Massachusetts. ought to be able to do so. So we come now to the amendment Mr. KENNEDY. Mr. President, I Mr. SPECTER. Mr. President, how which is pending. It was just author- thank the Senator for his comments much time remains on my side? ized in 1997–1998. There was no appro- and his explanation. But the fact re- The PRESIDING OFFICER. The Sen- priation for support for teacher quality mains, these allocations are within a ator from Pennsylvania has 22 minutes and professional development in 1998. context about how we are going to allo- remaining. In fiscal year 1999, there was an alloca- cate resources in the Federal Govern- Mr. SPECTER. Mr. President, with tion of $77 million. It went up last year ment. This explanation we heard is in respect to the argument on education, to $98 million. It is true, the funding the context of a 10-year, $792 billion tax it is a matter of priorities. We have a has leveled. cut. If we did not have the $792 billion very extensive allocation of $104.5 bil- I heard the Senator from Massachu- tax cut, we would have the opportunity lion. Much as I would like to see addi- setts say this funding is an indictment. to do more. tional funding for teacher training and That is just a figure of speech, but if it I personally believe this is a higher teacher recruitment, it is simply a is an indictment, the President is in- priority. I think most of us on this side matter of priorities. I am constrained cluded as well as the Appropriations of the aisle believe that it is a higher to oppose the amendment by the dis- Committee because that is the Presi- priority than having a tax cut and put- tinguished Senator from Massachu- dent’s request. The President has al- ting on the squeeze, in terms of im- setts. ready issued a veto threat on the bill proving quality of education. That is INDEPENDENT COUNSEL because he doesn’t like our allocations philosophical and that is decided in Mr. SPECTER. Mr. President, in my and our priorities. But the last time I this body, where the majority are the remaining time, or at least in a portion read the Constitution, the Congress has Republicans and where they have had of it, I think it worthwhile to comment the appropriations responsibility. Cer- the votes in order to be able to do that. on the very extensive hearing which tainly the President has to sign the But that is the harsh truth. was held by the Judiciary Committee bill, or we can have passage over the The fact is, in more recent years, be- yesterday on the issue of independent veto, but we have established the prior- tween 1980 and 1999, we are finding out counsel because the matter is now ities. On this matter of teacher quality the support for elementary and sec- pending before the Attorney General of and professional development, we have ondary education is falling down, and the United States as to whether inde- met the President’s figure. in higher education it is falling down. pendent counsel ought to be appointed. I approached the Senator from Mas- Against that background, we have The subcommittee on the Depart- sachusetts for some light talk before the explosion of the number of children ment of Justice oversight has con- the amendment was offered. I said: who are going on to schools, K–12 ducted extensive hearings. Even before Senator KENNEDY, how much money do schools. These are the numbers—54 the subcommittee began its hearing we have to have in the bill so as to pre- million. I don’t think we can do busi- process, this is an issue which I raised

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12801 with the Attorney General on judiciary the Attorney General quite a number The Attorney General and I had a oversight more than 3 years ago in of factors, starting with the state- protracted discussion about the fact April of 1997. At that time, I raised the ments which Attorney General Reno that she discounted the evidence from question of hard money and have con- had made during her confirmation David Strauss who was the deputy sistently called for an investigation. hearing in 1993. Chief of Staff for the Vice President We had the Chairman and Vice Chair- The Attorney General—then not the who had made contemporaneous notes man of the Federal Election Commis- Attorney General but the district at- at this November 21, 1995, meeting: sion testify a week ago today on cur- torney of Dade County in Miami, FL— ‘‘Sixty-five percent soft, 35 percent rent complaints which have been stat- came in and asked for our support and hard.’’ ed by Common Cause and by Century our votes, and I voted for her in the Ju- Mr. Strauss said he could not remem- 21, that both political parties ought to diciary Committee and on the floor, in ber. Notwithstanding that, the law of be investigated for abuses on soft part because of her strong stand that evidence is conclusive that if there is money and for coordination of soft the Independent Counsel Act was an prior recollection recorded and a con- money with their campaign accounts. I important act. She said this during her temporaneous record made, that is evi- have long contended that the inves- confirmation hearings: dence which can go before a grand jury tigations ought to be as to both parties It is absolutely essential for the public to or before a court. on a bipartisan or on a nonpartisan have confidence in the system, and you can- The attorney said he did not remem- basis. not do that when there is a conflict or an ap- ber, even after he looked at his notes. The issue, as I say, was raised first in pearance of conflict in the person who is, in That raises an evidentiary report of April of 1997. FBI Director Freeh then effect, the chief prosecutor. prior recollection refreshed, and that is made a request for independent coun- The Attorney General serves at the evidence. Even if a person does not now sel. That recommendation to the At- pleasure of the President who appoints remember, if they had notes and that torney General was in November of her and is obviously very close to the refreshes their recollection, the person 1997. Charles LaBella, who was ap- President and to the Vice President. may testify from the notes on the appointed by the Attorney General as Attorney General Reno further said proach of current recollection re- special counsel, made a similar request at her confirmation hearing: freshed. It does not rule out what his for independent counsel in July of 1998. The credibility and public confidence en- notes had on prior recollection re- Within a week after the Freeh report gendered with the fact that an independent corded, even though he could not re- and impartial outsider has examined the evi- was issued, I asked for a copy and was dence and concluded prosecution is not war- member it. That was some very impor- denied that. Within a week after the ranted serves to clear a public official’s tant evidence. LaBella report was issued, I requested name in a way that no Justice Department In addition, the Vice President re- a copy and was denied that. We finally investigation ever could. ceived 13 memoranda from Harold received those documents when Judici- She quoted from Archibald Cox who Ickes who was involved and running ary Committee subpoenas were issued, said: the campaign. Those 13 memoranda re- returnable on the 20th of April. The public could never feel easy about the cited hard money. The Vice President Then it came to light when Vice vigor and thoroughness with which the in- said he did not read the memoranda. President GORE announced that he had vestigation was pursued. Some outside per- That is a question which would call for been questioned by the new chief of the son is absolutely essential. further investigation. task force, Robert Conrad, that the It is in that context that the evi- The memoranda were put in his in matter was still open. Somehow, not- dence was examined in our hearing yes- box. And a secretary testified that the withstanding the fact that the Vice terday as to whether independent coun- input was culled very carefully to keep President had been questioned on four sel should have been appointed as to out extraneous matters. But the Ickes prior occasions, no questions were ever the Vice President and as to the Presi- memoranda always went in. asked on two matters which had re- dent as well. Then the Vice President further said ceived very substantial publicity: the As to the Vice President, the issue that: The subject matter of the memo- Hsi Lai Buddhist Temple fundraiser arose about the veracity of statements randa would have already been dis- and the issue of coffees in the White which he made about telephone calls closed in his and the President’s pres- House. raising hard money from the White ence. As a result of the investigation of the House. If the money was so-called soft The Vice President further conceded, judiciary subcommittee, we deter- money, it was not a contribution and in interviews with the FBI—he ac- mined that Mr. Conrad had made a rec- not covered by the act. But if it was knowledged that he had ‘‘been a can- ommendation to the Attorney General hard money, then there could be a vio- didate for 16 years and thought he had again for independent counsel, just like lation of the act. The Vice President a good understanding of hard and soft the LaBella recommendation, just like was questioned about that and said he money.’’ the Freeh recommendation. Mr. Conrad did not raise hard money, did not know It is important to focus on the fact testified before our subcommittee a that hard money was to be raised. that the matters presented to the At- week ago today and declined to respond I questioned the Attorney General at torney General are not such that would to questions about that matter. It was some length about the specifics which warrant a prosecution, but only that my judgment that it was a matter for had been produced. For example, there the matters call for further investiga- the public to know. The public had a were four witnesses who testified that tion. right to know. There was a necessity at a meeting on November 21, 1995, The independent counsel statute is for the public to know if we were to hard money was discussed, certainly very carefully structured so that the have accountability by the Attorney probative raising the inference that if a Department of Justice does not do very General. As is the established custom Vice President is at a meeting where much. The Department of Justice only as a subcommittee chairman, I made hard money is discussed, he knew he makes a preliminary inquiry, and then, that public disclosure which was in ac- was raising hard money or that hard in the language of the statute, ‘‘The cordance with our practice and some- money was the objective. Attorney General, on completion of a thing where there was solid justifica- Leon Panetta, White House Chief of preliminary investigation, determines tion for doing so. Staff, was very blunt about his testi- that there are reasonable grounds to In the hearing which we had with the mony that the Vice President was believe that further investigation is Attorney General yesterday, it had there and listening and said the pur- warranted.’’ been scheduled long before the disclo- pose of the meeting was ‘‘to make sure The others who were present at the sure was made that Mr. Conrad had they’’—the President and Vice Presi- meeting, who ‘‘did not recall,’’ should made a recommendation of inde- dent—‘‘knew what the hell was going have been called before a grand jury, pendent counsel. We went over with on.’’ which the Attorney General cannot do

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 12802 CONGRESSIONAL RECORD—SENATE June 28, 2000 on her preliminary inquiry. That is to had ‘‘doubled checked’’ and it was ‘‘OK pendent counsel’s investigation and the keep the Department of Justice really to give contributions at the Buddhist level to return a criminal prosecution. out of it, but to turn it over to an inde- temple.’’ I raised a question with the Attorney pendent counsel at an early stage. So here again, there are substantial General yesterday that her failure to The Attorney General did say yester- indicators which certainly would call act on these matters in 1997, and when day that they did not submit this to a for going forward with independent Director Freeh called for an inde- grand jury. Certainly that is the next counsel. pendent counsel in 1998, and when step. When witnesses are questioned, it Then the question was raised about LaBella called for an independent is one thing, but it is quite another to the coffees which raised more than $26 counsel, has now put the 2000 Presi- come into the formality of a grand million. When the Vice President was dential elections in some state of con- jury, under oath, and to be asked ques- questioned about the coffees—and the troversy. These matters should have tions. That is why there is the provi- Vice President released the tran- been cleared up. Why the questioning sion for further investigation. script—he said: on April 18? The Attorney General testified yes- Question: If independent counsel is appointed terday, relying on her submission to In terms of a fundraising tool, what was now, can there possibly be a determina- the court declining the appointment of the purpose of the coffees? tion to clear the Vice President before independent counsel, that ‘‘the Govern- His response was: the Democratic convention in August? ment would have to prove beyond a I don’t know. It seems highly unlikely. reasonable doubt.’’ That said, the If independent counsel or special Then he was asked: standard for further investigation for counsel is appointed now, is there time appointment of independent counsel With respect to raising $108 million, did to resolve the matter before the gen- you have discussions with anybody con- does not involve proof beyond a reason- cerning the role coffees would play in raising eral election? It seems highly unlikely. able doubt, it is only that there is rea- that type of money? So that by delaying, it really is too son to have a further investigation. late, at this point, to have special The answer of the Vice President: I shall not characterize the Attorney counsel. And that is a responsibility General or draw conclusions at this Well, let me define the term ‘‘raising.’’ which falls squarely with the Depart- stage, but only lay out the facts and Shades of what ‘‘is’’ is. ment of Justice and the Attorney Gen- suggest that on the face of the very Later, he was questioned: eral for failing to appoint independent substantial materials produced, further You had indicated earlier you may have at- counsel in a timely manner. investigation was required and inde- tended one coffee. What were you talking It is puzzling why the matter would pendent counsel should have been ap- about? be reinvestigated and re-inquired into pointed. His response: on April 18. The reason is obvious—so Mr. President, how much time re- Although it was not my practice to go to they would not be further embarrassed mains? any of these coffees, there may have been by not having asked about these two The PRESIDING OFFICER. The Sen- one that I attended briefly. matters before. But what is to be done ator has 9 minutes remaining. The Vice President’s lawyer then at this stage? Mr. SPECTER. Mr. President, the submitted a letter 2 days later, saying: All of this leads to a conclusion that subject then arose as to what were the As best we can determine from the Vice there ought to be some form of judicial factors related to the famous fund- President’s schedule, he was designated to review on the Attorney General’s judg- raiser at the Hsi Lai Buddhist Temple attend four White House coffees. The Vice ment on an independent counsel. I had on April 29, 1996. President hosted approximately 21 coffees at tried for a long time to have a man- The Vice President had received an e- the Old Executive Office Building. damus action brought to take it for ju- mail from his scheduler asking whether Here again, those matters require dicial review to see if an independent there should be another stop on the further inquiry. counsel should have been appointed April 29 itinerary on top of the ‘‘two Mr. President, how much time re- under the mandatory provisions of the fundraisers in San Jose and LA.’’ mains? statute or the discretionary provisions The Vice President responded: The PRESIDING OFFICER. The Sen- where there was an abuse of discretion. If we have already booked the fundraisers, ator has 5 minutes remaining. The problem was one of standing. then we have to decline. Mr. SPECTER. Mr. President, I It would be my recommendation to But the Vice President said he did raised a question with the Attorney the subcommittee that the sub- not know there were any fundraisers, General as to why the Department of committee recommend that there be that the Hsi Lai Temple was a fund- Justice went to ask the Vice President provision for standing to the Judiciary raiser. these questions on April 18. The appar- Committee to bring an action for judi- Then Harold Ickes sent the Vice ent reason was that the subcommittee cial review to have a court determine President a memorandum on April 10 had finally gotten subpoenas out to get whether an independent counsel should identifying the Los Angeles fundraiser the Freeh and LaBella memoranda re- be appointed because of an abuse of dis- which would raise $250,000 and a supple- turnable on April 20. cretion by the Attorney General or be- mental memorandum on April 25 say- So the subcommittee would soon find cause of mandatory provisions of a new ing the Los Angeles fundraiser would out that the Vice President had never statute. This will be a very construc- raise up to $325,000. Within 24 hours of been questioned about the Buddhist tive result, so we do not find ourselves receiving this memorandum, the Vice temple fundraiser or about the coffee in a situation where these questions President was given briefing materials klatsches and that, in fact, the Depart- linger for more than 3 years and cannot from the Democratic National Com- ment of Justice was embarrassed by really be resolved before the conven- mittee informing him that the DNC that omission. tions and so that the Democratic Party luncheon he would attend on April 29 I believe the Attorney General did a would know who their candidate ought was at the Buddhist temple. substantial disservice to the Vice to be or what baggage that candidate During the course of the event, two President in failing to have these mat- would have. of the guests who ate lunch with the ters resolved one way or another at an How much time remains, Mr. Presi- Vice President talked about fund- early stage. dent? raising. Witnesses there said—‘‘One I said at the outset, last Thursday, The PRESIDING OFFICER. The Sen- speaker commented that they had when I discussed the matter as to the ator has 30 seconds remaining. raised x amount of dollars.’’ And an- Conrad recommendation for inde- Mr. SPECTER. I reserve the remain- other witness at the luncheon said that pendent counsel, that there is a sharp der of my time. a speaker took the podium and reas- distinction between the level of infor- The PRESIDING OFFICER. The Sen- sured the assembled guests that they mation evidenced to call for an inde- ator from Nevada.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12803 Mr. REID. Mr. President, I ask unan- Then my friend from Pennsylvania spend an hour or two. He is articulate; imous consent to speak for up to 15 has the audacity to talk about an inde- he could do that. Is that what we want minutes. pendent counsel. We have had our fill to happen today or do we want to go The PRESIDING OFFICER. Without of independent counsels, majority and ahead with the Labor-HHS bill, a very objection, it is so ordered. minority. We don’t want anymore. important bill for the country? The Senator from Nevada. They have harassed and berated Presi- I know the Presiding Officer believes Mr. REID. Mr. President, I follow dent Reagan, President Clinton. Inde- strongly in the defense of this country. boxing. When I was a younger man, I pendent counsel is out. Remember, we We should do the Defense authorization did some boxing of my own. didn’t reauthorize that. Of course, we bill. We can’t do the Defense authoriza- One of the things I remember more can, because the law was in effect tion bill because it is tied up with cam- than anything else regarding fights is about the period of time the Senator paign finance reform. If we did 527s, when Evander Holyfield fought Mike from Pennsylvania was talking about. Senators MCCAIN and FEINGOLD would Tyson. You remember the famous fight We could have another independent be happy to move on to another issue where they were in the ring and sud- counsel, and maybe they could break and allow us to complete the Defense denly Mike Tyson was chewing and bit- the record of some of the others. For authorization bill. A lot of items could ing on Evander Holyfield’s ear. That example, Walsh, he was at $50 million be completed in the Senate. The minor- was unfair. It was unnecessary. Mills or thereabouts. We have had a tag ity needs a little help to move these Lane, the referee, said: You shouldn’t team on the Whitewater stuff. We will things along. We can’t be burdened, do that. probably break all records there. It will come Thursday afternoon or Wednes- They come out again. He does it probably be about $75 or $80 million by day night late, with: Why aren’t we again. the time that is finished. We all should moving this bill along? We are not get- I feel, with all due respect to my be a little suspect that this great con- ting cooperation. good friend from Pennsylvania, that cern has taken place 4 months before With regard to the work we have that is kind of what has happened here. the election. ahead of us on this bill, right now we The two leaders want to speed up this To advance campaign finance reform, have 88 amendments on the Democratic very important bill. The minority will the House, in a bipartisan fashion, as side—I don’t know how many on the do everything we can. We have agreed they did last year, passed a bipartisan Republican side—to try to get rid of be- to a time when the amendments could campaign finance bill that we had bur- fore we are able to complete the bill. be filed. We have agreed that I will ied over here; it went no place—late at That takes a lot of time. I don’t think work, as other members of this con- night passed a campaign finance bill to we should be diverted with this phony ference will, to have some of the outlaw 527s. These are the secret com- campaign finance issue, an attempt to interject it into the Presidential race 4 amendments disappear. The majority mittees that are formed. You don’t months before the election. leader wants to finish this bill today. have to list how much money you give, I think the majority leader has to Instead, we have an anti-GORE cam- who gives it, or why they give it. You paign speech coming from nowhere. make a decision. Are we going to spend list nothing. They are secret. The the day on campaign finance? We If we want to do something about House, in a bipartisan fashion, out- campaign finance, why don’t we do would be happy to do that. What went lawed that yesterday. on in the Judiciary Committee, we will something in the Senate Chamber such Why don’t we do that same thing in as trying to outlaw campaign soft come over and talk about it if that is the Senate before the Fourth of July what they want to do. I see my friend money? That would be a good step to recess? If we want to do something to take. We have been trying for years to from Illinois, a member of the Judici- help the political process, let’s do that, ary Committee. I think he has some- have campaign finance reform. We rather than gin up all this stuff that is have narrowed the issues. We will now thing to say. I think he spent some so patently political from my friend time in the last few days in the Judici- just take doing away with soft money. from Pennsylvania that anybody could ary Committee. Is that fair? We will take that. But, no, we are pre- see through it. Mr. DURBIN. Mr. President, I was on vented from having a vote on that. This is simply an effort to hurt AL the Judiciary Committee assignment Why? Because the majority won’t let GORE in his election against George W. and Government Affairs assignment in us vote on it. So we have an anti-GORE Bush. That is all it is about. Let’s call the last Congress, and I sat through lit- campaign speech today by the manager it the way it is. You can dress it in all erally 1 whole year of this under Chair- of this bill. kinds of clothes and be very self-right- man THOMPSON. I don’t serve on the Judiciary Com- eous about all this, but the fact is, this Mr. REID. Well, I didn’t. I can only mittee. I can’t answer all the questions a campaign speech and a campaign ef- comment on what I read in the papers. that have been asked. I read the news- fort to hurt Vice President GORE. But I know when somebody’s ear is bit- papers. Let’s talk about Vice President ten, as Tyson did to Holyfield, and it is We know that the Attorney General GORE. He also is an honest man, has a unfair; that is what happened here is an impeccably honest person. For ex- wonderful family; he is a religious today. I am not a member of the Judi- ample, when she was the chief law en- man. ciary Committee, but I am not going to forcement officer of Dade County, Now we have the ‘‘bite on the ear’’ let this go on being unannounced. We Miami, she would go to a car dealership this morning. I don’t know how much are on a Labor-HHS bill, and we are to buy a car and would pay only the we can take over here. We have worked getting a lot of pressure to do some- sticker price on the window. She didn’t very hard to move along the appropria- thing about it. Here we have a cam- want anyone thinking she was getting tions bills. The majority leader said: paign speech in the middle of this bill, some kind of a special deal from the Work with us on these appropriations and that isn’t fair. car dealership. No one can question the bills. It would be the right thing to. Mr. DURBIN. Mr. President, if I veracity of Janet Reno. She is an hon- We believe it is the right thing to do might address the Senator from Ne- est woman and has been a good Attor- also. But we need the majority to go vada through the Chair, the situation ney General and has called things the halfway. Do we now want Senators we saw yesterday is clear evidence that way she believes they should be. coming in here all day debating this? we are in the campaign season. Instead I don’t know anything about Conrad, We have Senator LEAHY. We could have of dealing with issues that many of us other than he donated money to JESSE him come. He is ranking member on think are critical for families, such as HELMS. The only donation he has made the Judiciary Committee. He would be prescription drugs and gun safety legis- in his life was to JESSE HELMS. I also happy to come over and spend an hour lation, we are instead talking about find it interesting that this came out or two talking about what went on in further investigations. as a result of a leak, a leak from sup- the Judiciary Committee. We could I think there is a point where this posedly secret information. have BOB TORRICELLI come over and Congress is expected to legislate rather

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 12804 CONGRESSIONAL RECORD—SENATE June 28, 2000 than investigate. The closer we get to The PRESIDING OFFICER. Is there a AMENDMENT NO. 3672 the election, I think the more the sufficient second? (Purpose: To provide $1,000,000,000 for 21st American people discount some of the There is a sufficient second. Century Community Learning Centers) Mr. DODD. Mr. President, I send an rhetoric they are hearing on this issue. The question is on agreeing to the amendment to the desk and ask for its Mr. REID. Well, if we want to do motion. some work on this issue, then we will immediate consideration. The clerk will call the roll. spend the day doing it on this issue, if The PRESIDING OFFICER. The that is what the majority wants. Or, as The legislative clerk called the roll. clerk will report. I say, I make an invitation: If we want Mr. REID. I announce that the Sen- The assistant legislative clerk read to do something constructive about ator from Hawaii (Mr. INOUYE) is nec- as follows: campaign finance reform, let’s pass essarily absent. The Senator from Connecticut [Mr. DODD], what the House did last night and do it The PRESIDING OFFICER (Mr. ROB- for himself, Mr. KENNEDY, and Mr. WELLSTONE, proposes an amendment num- before the Fourth of July recess. Let’s ERTS). Are there any other Senators in bered 3672. make a goal when we get back, in that the Chamber desiring to vote? 3-week period, that we get rid of soft Mr. DODD. Mr. President, I ask unan- The yeas and nays resulted—yeas 51, imous consent that reading of the money, that corrupting influence on nays 48, as follows: political campaigns. amendment be dispensed with. [Rollcall Vote No. 153 Leg.] Early in this century, there was a de- The PRESIDING OFFICER. Without cision made by the Congress that we YEAS—51 objection, it is so ordered. The amendment is as follows: would not have soft money, corporate Akaka Durbin Lieberman money, in Federal elections. The Su- Baucus Edwards Lincoln At the end of title III, insert the following: Bayh Feingold Mikulski SEC. . 21ST CENTURY COMMUNITY LEARNING preme Court turned that on its head Biden Feinstein Moynihan CENTERS. and now soft money is the money of Bingaman Graham Murray Notwithstanding any other provision of choice, putting millions of dollars in Boxer Harkin Reed this Act, the total amount appropriated Breaux Hollings Reid these Federal elections. That is the in- Bryan Jeffords Robb under this Act to carry out part I of title X vitation I make to the majority. Let’s Byrd Johnson Rockefeller of the Elementary and Secondary Education do 527 tomorrow and do soft money Chafee, L. Kennedy Roth Act of 1965 shall be $1,000,000,000. when we get back. Cleland Kerrey Sarbanes Mr. DODD. Mr. President, very brief- Collins Kerry Schumer I know my time is gone. I want to Conrad Kohl Smith (OR) ly, this is an amendment on the 21st move on with this bill. But the choice Daschle Landrieu Snowe Century Community Learning Centers is that of the majority as to what we DeWine Lautenberg Torricelli program. are going to do. Are we going to do ap- Dodd Leahy Wellstone Before getting to the substance of Dorgan Levin Wyden propriations bills? Are we going to de- this amendment, I want to take a bate what went on in the Judiciary NAYS—48 minute to thank my colleague from Committee for the last several days? Abraham Frist McCain Pennsylvania and my colleague from The PRESIDING OFFICER. All time Allard Gorton McConnell Iowa for the work they have done on Ashcroft Gramm Murkowski this bill in a number of areas—and in has expired on the Kennedy amend- Bennett Grams Nickles ment. Bond Grassley Roberts the are of child care in particular. Last Mr. SPECTER. I believe I have 30 sec- Brownback Gregg Santorum year, when I offered an amendment to onds left. Bunning Hagel Sessions increase the funding for the Child Care Burns Hatch Shelby The PRESIDING OFFICER. The Par- Campbell Helms Smith (NH) and Development Block Grant, the dis- liamentarian says there is no way to Cochran Hutchinson Specter tinguished Senator from Pennsylvania reserve that 30 seconds of time. All Coverdell Hutchison Stevens reluctantly opposed that amendment. time did expire. Craig Inhofe Thomas In so doing, he said he would make Crapo Kyl Thompson Mr. SPECTER. Mr. President, I ask Domenici Lott Thurmond every effort to raise the level up in this unanimous consent to speak for 1 Enzi Lugar Voinovich year’s appropriation, which he did. I minute. Fitzgerald Mack Warner am very pleased with the level of fund- Mr. DODD. Reserving the right to ob- NOT VOTING—1 ing that he has provided for child care. ject, and I don’t intend to object, but I So, while I am offering an amend- Inouye have an amendment on the bill, a rel- ment on afterschool, which is related evant amendment. If it is going to be The PRESIDING OFFICER. On this in some ways to child care, I want to much longer, I will come back in an vote the yeas are 51, the nays are 48. express my gratitude to the chairman hour. If we can get to it, I would like to Three-fifths of the Senators duly cho- of the subcommittee for his commit- do that or let me go, so I can do some- sen and sworn not having voted in the ment to this issue and to our nation’s thing else. affirmative, the motion is rejected. families and children. As a result of the Mr. SPECTER. Within the confines of The point of order is sustained, and the efforts of the Senator from Pennsyl- 30 seconds, simply to reply, we are tak- amendment falls. vania and the Senator from Iowa and ing the time that we had on this Mr. REID. Mr. President, I move to their colleagues on the committee, amendment and nothing more. This is reconsider the vote. 220,000 children will have access to af- not a matter that has arisen in 4 Mr. DODD. I move to lay that motion fordable childcare next year who would months but 31⁄2 years ago. on the table. not have had the increase in funding Mr. President, I raise a point of order The motion to lay on the table was not been provided by the Senator from under section 302(f) of the Budget Act, agreed to. Pennsylvania. as amended, that the effect of adopting Second, I commend Senator KENNEDY the amendment provides budgetary au- Mr. REID. Mr. President, just so we for his amendment on teacher quality. thority in excess of the subcommittee’s know what is happening here, after the I am sorry it had a point of order 302(b) allocation under the fiscal year Senator from Connecticut offers his raised against it. Similar motions have 2001 concurrent resolution on the budg- amendment—I don’t see the manager of been made other Democratic education the bill—there was an understanding et and is not in order. amendments—against Senator BINGA- that Senator KERRY from Massachu- Mr. DODD. Mr. President, pursuant MAN’s amendment on accountability, setts would offer the next amendment. to section 904 of the Congressional Senator MURRAY’s amendment on class Budget Act, I move to waive the appli- The PRESIDING OFFICER. Without size, and Senator WELLSTONE’s on title cable sections of that act for the con- objection, it is so ordered. I. sideration of the pending amendment, The distinguished Senator from Con- I cannot let the moment pass with- and I ask for the yeas and nays. necticut is recognized. out expressing my deep regrets that

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12805 these amendments were necessary be- peak period is 3 to 4 o’clock in the dren, you have to focus on the issue of cause the Elementary and Secondary afternoon. after school. The parents get it; the po- Education Act has still not been con- As I said, parents know about this lice officers get it. The question is sidered. As many of you know, we only and care about it. Let me show you to whether or not we are going to find deal with that bill once every 6 years. what extent they care about it. some means to do something about it, I know we are in a rush to get every- Through the 21st Century program, we to support a program that can serve 2.5 thing done, but once every 6 years to are now offering 310 afterschool pro- million children of the 5 million who focus on the elementary and secondary grams around the country. Yet the de- are home alone in the afterschool education needs of 2.5 million children mand for these programs is much high- hours. and their parents is not a great amount er—in FY 2000, 2,252 schools applied for I mentioned earlier—and I will repeat of time. grants to provide afterschool services it again today—that we spend less than I am sorry I am offering this amend- through this program. That demand is one-half of 1 percent of the entire Fed- ment on the Labor-HHS bill. I would coming from the parents through the eral budget on elementary and sec- have liked to have considered this issue schools. And, frankly, we’re not com- ondary education. I suspect that could on the ESEA reauthorization. But, I ing even close to meeting that demand be a great trivia question. I suspect know we are not going to have a with an increase in funding of $147 mil- most Americans think that as a per- chance to get back to the authorizing lion. Increasing funding to $1 billion, as centage of our Federal budget that we bill, so I am left with no alternative this amendment would do, would allow would spend something more than less but to offer this amendment on after- us to triple the number of children than one-half of 1 percent of the entire school programs on this bill. I express serviced to 2.5 million. Federal budget on the 50 million chil- my apologies to my colleagues for Before he even says anything, I can dren who attend public schools. Out of doing so. If my colleagues care about tell you the chairman is not going to the 55 million children who go to afterschool programs, as most Ameri- argue with me about whether or not we school every day in this country, 50 cans do, this may be our only chance to need to do this. The chairman is going million of them go to a public school. do something about it. to say: Where are the resources going Five million children go to private, pa- The committee did increase funding to come from? We are up against a wall rochial schools. for afterschool programs in this bill. on this. Less than one-half of 1 percent of our They have raised that amount from It is a very difficult situation. If I budget goes to serve 50 million chil- $453 million up to $600 million. There want to find an offset for my amend- dren. I suspect not one of us has been has been an increase. It is interesting ment, I have to raid health care or home in our states, regardless of the to note, we appropriated only $1 mil- child care. With these budget caps we audience, where we do not find some way to talk about education in our re- lion in 1997 for afterschool programs. have forced competition between pro- marks. We do so because I think all of The demand has been so great by grams that are serving the same fami- us in this Chamber—regardless of party school districts across the country to lies. or political ideology—understand deep- fill this need that we have watched this I know we have budget caps, but, like ly how important education is to the program grow tremendously. most Americans, I believe if people well-being of our Nation and the need I will show my colleagues why. Peo- care enough about this, we will find a to improve the quality of our public ple ask: Why do we need more after- way to deal with it. We always manage to on other issues. This certainly quali- schools. school funding? The answer is not dif- Shutting down failed schools may fies as a crisis, if not a natural disaster ficult to understand. In fact, parents provide some quick satisfaction, but where the winds and fires have dev- across the country will tell you this too often those kids in a rural school— without looking at statistics. You can astated areas, it is close to something in Nebraska or Connecticut—or an go to any community in America, and of a natural disaster when we have the urban school—in Los Angeles or Chi- around 3 o’clock in the afternoon, you violent crimes, the victimization of cago or Philadelphia—have no alter- will find people who work will try to children, the fear that parents have native if you shut down the school. find that 5, 10, 15 minutes to get to a about who is watching their kids, and There are not a lot of schools around phone if they do not have one at their what are they doing when they are where they can all of a sudden go the own workstation, to call home to find home alone. next day or the next week. And these out whether or not their child has got- I will share with my colleagues, aside are the very children we most need to ten home and is safe. from the crime elements, what happens help. We have to do a better job in try- This is a huge concern for parents. to kids when they are home alone. ing to help these underserved kids, the Do my colleagues remember the old Drug abuse, alcohol, cigarettes all ones who come from single-parent fam- bumper sticker which said: ‘‘It is 11 begin with these age groups when kids ilies, or where two parents are working p.m. Do you know where your child are unsupervised. Parents, as I said because they have to put food on the is?’’ Mr. President, the fact is that 11 earlier, are not unmindful of this. table. p.m. is not the problem, the hours Eighty-five percent of the most recent Contributing only 7 cents out of the right after the school day ends are the study of voters think ‘‘afterschool pro- entire education dollar in the country, problem. grams are a necessity. More than a does not make the federal government The statistics on this chart come third of the voters believe the single a very good partner. Our local commu- from our major police organizations. biggest threat to their children today nities are strapped, our States are They show that the peak period for se- is being unsupervised. Voters rank struggling to try to do a better job on rious violent crimes is between 3 p.m. afterschool programs, along with par- class size, teacher quality, account- and 6 p.m. That is the problem time. ent involvement and reducing class ability, and afterschool programs. Percent of robbery incidents for chil- size, as the most effective means of im- We are not measuring up, in my view, dren under age 18: The peak period is 3 proving academic performance. to the level of partnership that we p.m., 4 p.m., 5 p.m., up to around 8 Two months ago, I attended an event ought to provide. I am not suggesting o’clock in the evening. at the White House to release a report we ought to assume all of the responsi- Percent of aggravated assault inci- by a group called Fight Crime: Invest bility for education. That would be ri- dents for children under 18: The peak in Kids. It is a coalition of over 700 po- diculous. But right now we only con- period is about 4 o’clock in the after- lice chiefs and prosecutors across the tribute 7 cents on the dollar—$15 bil- noon. country. Many of the individuals are lion out of about $190 billion—that is The first chart show when children conservative Republicans. spent nationwide on elementary and are the perpetrators of crime. The sec- These police chiefs said: If you are secondary education. ond chart shows when children are at going to address the issue of juvenile Again, here we are at the dawn of the risk of being victims of crime. The crime and the victimization of chil- 21st century. It is so obvious, it is so

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 12806 CONGRESSIONAL RECORD—SENATE June 28, 2000 self-evident, that if we have hopes of I will end where I began. He has been THE DEPARTMENTS OF LABOR, succeeding as a people in this century, a very good friend on a lot of these HEALTH AND HUMAN SERVICES, we must meet the educational needs of issues. I realize his objections to this AND EDUCATION, AND RELATED our children. This is about as funda- are not on the policy issue as much as AGENCIES APPROPRIATIONS, mental as it gets. This is the hub of the it is a problem financially. 2001—Continued wheel. People always say kids rep- But I wanted to offer this amend- Mr. SPECTER. Mr. President, I ask resent 25 percent of the population but ment because it is a critically impor- unanimous consent that a vote on or in they are 100 percent of our future. We tant one. My hope is we get back to the relation to the Dodd amendment not are the ones who will set the ground Elementary and Secondary Education take place at the conclusion of argu- rules on whether or not they are going Act and that we spend more time on ment; that it be stacked later this to have the chance to succeed and pros- that bill before this session ends. We afternoon at a time to be mutually per in the years ahead. have a chance to address these kinds of agreed upon after consulting with the Mrs. BOXER. Will my friend yield for policy questions, on which I think leaders on both sides. a question? more of my colleagues would like to be The PRESIDING OFFICER. Without Mr. DODD. I am happy to yield to my heard. objection, it is so ordered. colleague. With that, Mr. President, I yield the Mr. SPECTER. Mr. President, there The PRESIDING OFFICER. The dis- floor. is not too much need for me to respond tinguished Senator’s time has expired. The PRESIDING OFFICER. The dis- to the Senator from Connecticut. I Mrs. BOXER. Mr. President, I ask tinguished Senator from Pennsylvania think he has already stated my posi- unanimous consent that my friend be is recognized. tion in toto. I do think this afterschool given 2 additional minutes. program, which he has proposed to add The PRESIDING OFFICER. Is there f to, is a worthwhile program. But it is objection? beyond the limits with which our sub- The Chair hears none, and it is so or- committee has to work. He is correct dered. PROVIDING FOR A CONDITIONAL that I will make a motion that it ex- Mrs. BOXER. I thank my friend. I ADJOURNMENT OR RECESS OF ceeds the allocation to our committee was not able to hear his entire presen- THE SENATE AND A CONDI- at the appropriate time. tation, but he and I have worked to- TIONAL ADJOURNMENT OF THE Afterschool is very important. It is gether on afterschool programs. We HOUSE OF REPRESENTATIVES sort of a twin brother to day care. Last have made some progress because, Mr. SPECTER. Mr. President, I ask year, I agreed with the Senator from frankly, in the first budget fight that unanimous consent that the Senate Connecticut to scrimp and save and use this President had, he put afterschool proceed to the immediate consider- a sharp pencil to find $817 million more on the table, and he insisted we in- ation of S. Con. Res. 125, the adjourn- to bring day care up to $2 billion, crease our participation. which we did. I thought that kind of an I don’t know if my friend went over ment resolution, which is at the desk. I further ask consent that the resolu- allocation might have satisfied the the details of how many people in this Senator from Connecticut for a year. country really support what he is try- tion be agreed to, and the motion to reconsider be laid upon the table. But it has not. So we will have to face ing to do today. I wanted to make sure this when it comes along. my friend knew, in the last poll I saw, The PRESIDING OFFICER. Is there an objection? He said to me: That is day care. about 90 percent of the people said: We I said: Day care is very important. The Chair hears none, and it is so or- need to do more for our children after Bringing it up by more than $800 mil- dered. school. I wonder if my friend knew lion to $2 billion was a tough job, Sen- The concurrent resolution (S. Con. that. ator DODD. Res. 125) was agreed to, as follows: Mr. DODD. I did make that point. I called him CHRIS at the time. The Senator from California has been a S. CON. RES. 125 We thought that being a twin brother leader on this issue for a long time and Resolved by the Senate (the House of Rep- to afterschool, we might have avoided on many other issues related to edu- resentatives concurring), That when the Sen- an amendment. cation. But I made the point about how ate recesses or adjourns at the close of busi- Mr. DODD. If my colleague will yield. many people care about this issue and ness on Thursday, June 29, 2000, Friday, June Mr. SPECTER. I will be glad to yield. I shared the polling numbers with my 30, 2000, or on Saturday, July 1, 2000, on a Mr. DODD. I was as complimentary colleagues. motion offered pursuant to this concurrent as I could be. But I will be even more resolution by its Majority Leader or his des- complimentary. I am deeply grateful to Mrs. BOXER. I am happy my friend ignee, it stand recessed or adjourned until did that. the Senator. noon on Monday, July 10, 2000, or until such Mr. SPECTER. It is very tough being We call ourselves representatives. time on that day as may be specified by its What we are supposed to do is rep- Majority Leader or his designee in the mo- the manager of a bill that funds the resent the hopes and the dreams and tion to recess or adjourn, or until noon on Department of Education because there the needs of the people. We have a bill the second day after Members are notified to is no priority higher than education. that comes to the floor that is a cap reassemble pursuant to section 2 of this con- The only one on a level with it is bill. We understand that. But my good- current resolution, whichever occurs first; health care. And we have the funding ness, we know there are surpluses com- and that when the House adjourns on the leg- coming out of the same pool of money. islative day of Thursday, June 29, 2000, or We made the allocations as best we ing. If we can’t do more to meet this Friday, June 30, 2000, on a motion offered need, and get that 60 votes for the Sen- could. I know of the devotion of the pursuant to this concurrent resolution by its Senator from Connecticut to this ator in this amendment, I think we are Majority Leader or his designee, it stand ad- failing our children. journed until 12:30 p.m. on Monday, July 10, cause. He and I were elected at the I thank my friend for his leadership. 2000, for morning-hour debate, or until noon same time. He withstood the Reagan Mr. DODD. I thank the Senator. on the second day after Members are notified landslide in 1980 to be one of two Demo- I suspect my time has expired, Mr. to reassemble pursuant to section 2 of this crats elected to open seats, when 16 Re- President. concurrent resolution, whichever occurs publicans came in. And he and I co- The PRESIDING OFFICER. The dis- first. chaired the Children’s Caucus at that tinguished Senator has 30 seconds re- SEC. 2. The Majority Leader of the Senate time. maining. and the Speaker of the House, acting jointly In 1987, when he proposed family Mr. DODD. Again, I urge my col- after consultation with the Minority Leader leave, I was his cosponsor, with a lot of of the Senate and the Minority Leader of the leagues to vote to waive the budget House, shall notify the Members of the Sen- turmoil just on this side of the aisle. point of order that I know my friend ate and House, respectively, to reassemble We have worked together over the from Pennsylvania will have to make. I whenever, in their opinion, the public inter- years for education and for children. I thank him again. est shall warrant it. commend him for all that he has done.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12807 We have added to education some $4.6 AMENDMENT NO. 3659 of the aisle joined with them to put in billion. We are $100 million more than (Purpose: To increase funding for the place the fiscal discipline we all laud the President in education this year. technology literacy challenge fund) and believe is appropriate. It was a 1993 We have increased funding tremen- Mr. KERRY. Mr. President, I call up vote, in fact, that put in place the Def- dously for children and young people in amendment No. 3659 and ask for its im- icit Reduction Act. Many of us are America. The Head Start Program mediate consideration. pleased that we finally were able to set comes, curiously enough, under the De- The PRESIDING OFFICER. The this country on a course where we now partment of Health and Human Serv- clerk will report. have the current surpluses. We have to ices. There is an increase this year of The assistant legislative clerk read start to be smart about what kind of $1 billion to Head Start, coming up to as follows: choices we are going to make. $6.2 billion. We have increased special The Senator from Massachusetts [Mr. I keep hearing colleagues on both education by $1.3 billion, bringing it up KERRY], proposes an amendment numbered sides of the aisle come to the floor. to $7.3 billion. We have increased inno- 3659. They lament what is happening to chil- vative State grants by $2.7 billion for The amendment is as follows: dren in America. They lament what is more teachers, class size, and for At the end of title III, insert the following: happening with respect to young people school construction, with the proviso SEC. . Notwithstanding any other provi- who are increasingly feeding into the that it is limited. It is up to the local sion of this Act, the total amount made juvenile justice system of the Nation. school district if they decide to do available under this title to carry out the We hear the cries of anguish about something else with it. technology literacy challenge fund under children having children out of wed- section 3132 of the Elementary and Sec- When it comes to the program the lock, about the failure of marriage in ondary Education Act of 1965 shall be this country. But we don’t seem to con- Senator from Connecticut is talking $517,000,000. about, the 21st Century Learning Cen- nect our legislative actions to things Mr. SPECTER. Mr. President, I ask that really might make a difference in ters, we have added $146.6 million to unanimous consent that time on the bring the figure up to $600 million. In the lives of young people so they will Kerry amendment be 1 hour equally di- choose a more moral, traditional, af- fiscal year 1999, it was $200 million. So vided. We have already talked about we are moving right along on it to pro- firmative course for their own life. this. I understand there is agreement. How do kids make those kinds of vide the maximum amount of money The PRESIDING OFFICER. Without we can. choices? Traditionally, in the America objection, it is so ordered. we always hear Members talking It is not an easy matter to allocate Mr. KERRY. Mr. President, I ask about, we have family, which is the $104.5 billion—as much money as that unanimous consent that Senators best teacher of all, the most important is—for the National Institutes of BINGAMAN and MIKULSKI be added as connection of a child to their future. Health and for drug programs and for original cosponsors of the amendment. We have schools and teachers. History school violence programs. We have The PRESIDING OFFICER. Without in America is replete with great per- done the best job we could. It is with objection, it is so ordered. sonalities who harken back to a par- reluctance that I raise a point of order. The Senator from Massachusetts. ticular teacher who affected their life. How much time remains, Mr. Presi- Mr. KERRY. Mr. President, let me We hear less and less of those stories in dent? pick up, if I may, on the comments modern America. Finally, there is or- The PRESIDING OFFICER. The dis- made by the Senator from Connecticut. ganized religion. Organized religion is tinguished Senator has 9 minutes re- There is a relationship between these the other great teaching entity. Not maining. amendments that are proposed by Sen- one that we are supposed to, in this Mr. SPECTER. I have made the es- ator KENNEDY, Senator BINGAMAN, Sen- body, specifically legislate about, but sential arguments which are relevant. ator DODD, and myself. They are made it is proper to acknowledge the role In the interest of moving the bill along with great respect for the leadership of that religion plays as one of those and saving time, I make a point of the appropriations subcommittee. I three great teachers in the lives of order under section 302(b) of the Budget share the feelings expressed by Senator children. Act, as amended, that the effect of DODD that they are working within the The truth is, in America today we adopting the Dodd amendment provides constraints that have been imposed on have an awful lot of young children budget authority in excess of the sub- them by the Congress in a sense who don’t have contact with any one of committee’s 302(b) allocation under the through the budgeting process. those three teachers, not one. Their fiscal year 2001 concurrent resolution What we are asking of our colleagues teachers are the streets. Colin Powell on the budget and is not in order. is to begin a process by which we more talks about it in his America’s Prom- Mr. DODD. Mr. President, pursuant accurately reflect the truth of the ise, which appeals to people to make a to section 904 of the Congressional budgeting process and the choices we voluntary commitment to try to inter- Budget Act of 1974, I move to waive the as Senators face. The fact is, we have vene in the lives of some of those chil- applicable sections of that act for con- the ability to provide 60 votes to waive dren and replace the absence of those sideration of the pending amendment, and to proceed to make a statement as three great teachers. and I ask for the yeas and nays. the Senate that we believe a specific What kids learn in the streets is not priority is significant enough that we The PRESIDING OFFICER. Is there a the real values of America; it is what I ought to depart from the constraints. sufficient second? call ‘‘coping skills.’’ They learn how to The constraints under which we are op- get by. They learn how to survive. There appears to be a sufficient sec- erating, that were very properly and They learn the sort of ‘‘law of the jun- ond. articulately listed by the Senator from gle,’’ as some used to call it. The fact The yeas and nays were ordered. Pennsylvania, are restraints imposed is, we are not doing enough, we Sen- Mr. SPECTER. Mr. President, as pre- by a Budget Act and by allocations ators are not doing enough, to leverage viously agreed to by unanimous con- that do not reflect the reality of the those things that make a difference in sent, the vote will be delayed to a time budget choice we face as a country be- the absence of the three great teachers. agreed upon by the leaders later today. cause of the level of surplus. Since I ask any one of my colleagues: How I yield back the remainder of my time those allocations were made, we have do we break the cycle of a kid having so we may proceed with the amend- in fact learned that we have a signifi- a kid out of wedlock? How do we break ment of the Senator from Massachu- cant amount of additional funds avail- the cycle of a child raised in an abusive setts. able to us to begin to choose how we household, whose role models in life The PRESIDING OFFICER. The dis- will reflect the priorities of our Nation. are people who beat up on each other, tinguished Senator from Massachusetts I say to my colleagues on the other shoot drugs, get into trouble, such as is recognized. side of the aisle, a lot of us on this side the role models for that 6-year-old kid

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 12808 CONGRESSIONAL RECORD—SENATE June 28, 2000 who shot a 6-year-old classmate living we have a total cap that has no rela- this new world. The fact is that there in a crack house with an uncle, a par- tionship to the reality of what we must are too many teachers who don’t have ent in jail, no one responsible? do. the ability to even teach; we have the What is that child’s future, unless We keep saying, isn’t it terrific that schools wired; we have the e-rate. adults make the decision to somehow we have raised the amount of money— We are beginning to get increased ac- provide those positive forces that make and it is terrific—when the real ques- cess to the Internet. But what do you a difference? What are the positive tion is, are we doing what we need to do with it? How many teachers know forces? Well, the positive forces are do to get the job done? That is the how to use the technology to really be often some of the faith-based interven- question we ought to be asking. able to educate kids? How many kids tions, whether it is the Jewish Commu- What is it going to take to guarantee are, in fact, having the benefit of the nity Center or a Baptist organization that children in the United States of opportunity of having teachers who or the Catholic Charities; but there are America are safe? What does it take to have those skills so that they can ulti- those entities out there that have a guarantee that we don’t dump 5 million mately maximize their opportunities? wonderful, extraordinary capacity to kids out into the streets in the after- All we are suggesting is that we bring kids back from the brink. And noons, unsafe, and exposed to drug ought to be doing more to empower— then there are those organized entities dealers and to all of the vagaries of the not to mandate, not to dictate, but to that also do it, such as the Boys and teenage years and all of the pressures empower—those local communities Girls Club; Big Brother/Big Sister; that come with it in a modern society that desperately want to do this but YMCA and YWCA; or a program in Bos- that doesn’t have parents around to be don’t have the tax base to be able to do ton called Youth Build, or City Year. able to help those kids make a better it. Let’s give them that ability. That is All of these provide young people with choice? We don’t have to do that. We the best role the Federal Government alternatives and the ability to have ought to make it the goal of the Senate can play—to leverage things that rep- surrogate parenting, fundamentally. to guarantee that every child in Amer- resent national priorities, leverage the That is what is really taking place. ica is going to be safe and secure be- things that represent the best goals What is really taking place is those en- tween the hours when teachers stop and aspirations of ourselves as a Na- tities is providing an alternative. teaching and when those parents are tion. It is not micromanagement; it is, Now, we will debate in the Senate coming home. And we can ask 100,000 rather, putting in place a mechanism whether or not we are going to provide questions about why it is we are not by which we have national priorities— 200,000 H–1B visas. I am for it. I think providing arts and music and sports to have good, strong families, to have we ought to provide that, or more, be- and libraries that are open full-time, kids who are computer literate, and to cause we have an immediate need in and Internet access. have more skilled workers. Those are this country to provide skilled people That is where my amendment comes national priorities. But if we turn our in order to keep the economic boom in, Mr. President. Senator KENNEDY heads away and say the only priority in going and provide for critical tech- has an amendment on teacher quality, this country is to sort of sequester this nologies, to have good working people. which is linked to the capacity of kids money for the senior generation in one But has it not occurred to my col- to fill those high tech jobs that we talk form or another, without any regard to leagues what an insult it is to our own about. Senator DODD has an amend- the generation that is coming along system that we have to go abroad and ment talking about making those kids that needs to fund Social Security, import skilled labor to the United safe after school. My amendment seeks that needs to have a high value-added States, even as we are putting thou- to increase the funding for the tech- job so they can pay into it and ade- sands of young kids into prison, into nology literacy challenge fund, which quately protect it, that is not Social the juvenile justice system, and out is a critically important education pro- Security protection. We have gone from 13 workers paying into the streets, as the Senator from gram that helps provide technology ac- in for every 1 that is taking out—13 Connecticut just said, because we don’t cess, education, professional develop- workers paying into the system for ment, and instruction in elementary have afterschool programs? What are every 1 worker taking out—to three and secondary schools. we going to do? We are going to import paying in and one taking out. Now All we say is that to qualify for the 200,000 skilled people to make up for there are two paying in and one taking money, States have to submit a state- the unskilled people whom we leave un- out. skilled because we are unwilling to wide technology plan that includes a We have a vested interest as a nation make the adult choices in the Senate strategy on how the States will include in making sure those two paying in are that would make a difference in their private, State, local, and other entities capable of paying in; that they have a lives. in the continued financing and support high value-added job that empowers How can we boast about the extraor- of technology in schools. them to pay in; when they pay in, it dinary surplus we have in this country, There are two points that I can’t doesn’t take so much of their income with the stock market climbing to stress enough. One is the importance of that they feel so oppressed by the sys- record levels, the most extraordinary providing young people with the oppor- tem that they are not able to invest in amounts of wealth ever created in the tunity to learn how to use technology. their own children and in their own fu- history of any nation on the planet I am not one of those people. I don’t ture. right here in the United States, but want to celebrate technology to the That is in our interest. That is a na- poverty among children has increased point of it being put up on a pedestal tional priority. by 50 percent and the number of kids and it becomes an entity unto itself. If we don’t begin in the Senate to- who are at risk has increased. Technology is not a god; it is not a phi- morrow to adequately reflect the needs I don’t believe in the Federal Govern- losophy; it is not a way of life. Tech- of our children in the money that we ment taking over these programs. I nology is a tool, a useful tool. It is a allocate, we will be seriously missing don’t believe in Washington dictating critical tool for the modern market- one of the greatest priorities the coun- the solutions. But I do believe in Wash- place and the modern world. But we are try faces. ington leveraging the capacity of peo- preordaining that we are going to have All of us understand the degree to ple at the local level to be able to do to have next year’s H–1B plan, and the which there is an increase in the dig- what they know they need to do. So we next year’s H–1B plan, and another ital divide of the country. The tech- are reduced to a debate where the Sen- prison, and another program to deal nology literacy challenge fund is a ator from Pennsylvania has to say, with a whole lot of young kids for critical effort to try to provide those well, oh, my gosh, under our 201(b) allo- whom the digital divide becomes more kids with an opportunity to close that cation—or whatever the appropriate and more real, who don’t have gap. section is—we don’t have enough accessability or the capacity to be able Last year, my home State of Massa- money to be able to allocate because to gain the skills necessary to share in chusetts received $8.1 million. Some of

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12809 the programs it put in place are quite formation could take a lot longer than lion. That is a tremendous increase, extraordinary. Let me share with my we want it to take. coming to a total of $40.2 billion. In our colleagues one of the examples of this For example, it has taken only 7 education account, we have $100 mil- program that works so effectively. It is years for the Internet to be adopted by lion more than the President asked for. called the Lighthouse Technology 30 percent of Americans. That is com- I have already today gone over a long Grant. pared to 17 years for television to be list of items where we have increased The Lighthouse Technology Grant adopted by 38 percent, and for the tele- funding on education on very impor- incorporates new technologies into the phone, 38 percent during the same tant items. It is a matter of making State curriculum framework so that it amount of time. the appropriate allocation and the set- better motivates children to be able to The world of work is obviously so ting of priorities. learn. much different and at a faster rate. But I say to my colleague from Massa- One of the schools in my State—the if we leave kids behind for a longer pe- chusetts that the House of Representa- Lynn Woods Elementary School in riod of time, we will greatly restrain tives has established a mark of $517 Lynn—is integrating technology into their learning capacity as well as our million in this account. It is entirely the classroom by virtue of this grant. growth capacity as a country. plausible that the figure that is in the Fifth grade students at the Lynn The technology literacy challenge Senate bill will be substantially in- Woods school are studying Australia. fund has been funded under the com- creased. They have been able to videoconference mittee’s mark at about $425 million. We will certainly keep in mind the directly with Australian students who The administration actually asked for eloquence of Senator KERRY’s argu- are studying the Boston area. $450 million. The House has set a figure ments. There is no doubt about tech- You have students engaging in a very of $517 million. I think that is more re- nology and about the need for more personal and direct way, all of which flective of the level of funding that is funding in technology. encourages their learning and enhances necessary in order to achieve the kind I believe that a country with an $8 their interest in the topic. They have of transition that we wish for in this trillion gross national product can do also developed writing skills through country. Some might argue we could better on education. I said earlier special e-mail pen pal programs with even do more. But it is clear to me that today and have said many times on Australian students. by measuring the priorities as ex- this floor that I am committed to edu- In addition, they have been able to pressed by other colleagues we can, in cation, coming from a family which connect more directly with the experi- fact, do more if we will challenge the emphasizes education so heavily, my ence of life, thereby asking very direct system a little bit, if we will push the parents having very little education questions and engaging in a personal limits a little bit, and if we will look at and my siblings and I being able to suc- exchange that they never could have the reality of the budget choices that ceed—I guess you would call it success experienced before because of tele- the Congress faces. to come to the Senate—because of our phone rates and because of the difficul- I think nothing could be more impor- educational opportunities. ties of communication under any kind tant for all of us as Senators and as That is the essence of our position. of telephone circumstance. Congress this year. I hope my col- We have substantially more time. The Lighthouse Technology Grant is leagues will embrace the notion that I inquire of the Chair: How much only one of eight programs funded by we can in fact do an appropriate waiver time remains? this challenge grant in Massachusetts. of the budget and set this as a priority The PRESIDING OFFICER. The Sen- It also provides grants to a virtual high of the Senate. ator from Pennsylvania has 26 minutes school program which enables school I reserve the remainder of my time. remaining. The Senator from Massa- districts to offer students Internet The PRESIDING OFFICER (Mr. chusetts has 8 minutes remaining. courses ranging from advanced aca- HAGEL). The Senator from Pennsyl- Mr. SPECTER. Mr. President, I yield demic courses to technical and special- vania. the floor, and I reserve the remainder ized courses. Let me emphasize the im- Mr. SPECTER. Mr. President, here of my time. portance of that to my colleagues. again, there is little doubt that tech- Mr. REID. Mr. President, if I could A few weeks ago, I visited a high nology literacy is a very important direct a question to the manager of the school in Boston, an inner-city high matter for America. There is no doubt bill, it is my understanding Senator school, Dorchester High. I found that about that at all. Here again, it is a WELLSTONE will offer one of his amend- in this high school of almost 1,000 stu- matter of how our allocations are ments next. dents in the inner city they are not going to run. Mr. SPECTER. That is fine. able to provide advanced placement We debated the Dodd amendment ear- Mr. REID. I will also have Senator courses. I ask everybody here to imag- lier today about afterschool pro- WELLSTONE agree to a time limit. ine a high school that is supposed to be grams—again, a good program. There is Mr. SPECTER. Speaking of the time state of the art that doesn’t have ad- a question about the amount of money limit with Senator WELLSTONE on the vanced placement courses. and where the priorities are. floor, may we agree to 30 minutes Yet, because of the virtual high We debated the Kennedy amendment equally divided, 20 minutes equally di- school and because of the access to the about teacher recruitment—another vided, 15 minutes equally divided? How Internet, if we close the digital divide, good program. much time does Senator WELLSTONE we can in fact make it affordable and We had to turn down amendments desire? accessible for schools that today have yesterday by Senator WELLSTONE who Mr. WELLSTONE. Mr. President, I difficulty finding the teachers, afford- wanted more money for title I; Senator did not hear the Senator. ing the teachers, and providing the cur- BINGAMAN, also more money for title I; Mr. SPECTER. Mr. President, I sug- riculum—and be able to do so imme- Senator MURRAY asked for an addi- gested a time agreement of 30 minutes diately. tional $325 million on top of $1.4 billion equally divided, perhaps 20 minutes That is the difference between some- which was supplied for class size. There equally divided. body being able to go to college or is no doubt that so many of these pro- Mr. WELLSTONE. I say to my col- being college ready or being able to go grams are excellent programs. league from Pennsylvania, my guess is to college and advance rapidly in the The Senator from Massachusetts in it will take me about 40 minutes on my kinds of curriculum and courses that offering this amendment noted the con- side. I prefer not to agree to a time will make even a greater difference in straints we are operating under with limit. I don’t think I will go more than their earning capacity and in their cit- respect to how much money we have in that. izen-contributing capacity at a later our allocation. We have established Mr. SPECTER. Would the Senator time. We need to recognize that unless priorities. We have greatly increased from Minnesota be willing to enter a we encourage this to happen, the trans- the education account by some $4.6 bil- time agreement of an hour, 40 minutes

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 12810 CONGRESSIONAL RECORD—SENATE June 28, 2000 for the Senator from Minnesota, and 20 AMENDMENT NO. 3644 At the same time, we have child care minutes for our side? (Purpose: To provide funds for the loan for- workers who are taking care of chil- Mr. WELLSTONE. I am pleased to do giveness for child care providers program, dren during the most critical years of so. with an offset) development and they don’t even make Mr. WELLSTONE. I call up amend- Mr. SPECTER. I ask unanimous con- poverty wages. ment 3644. sent the time be set on the Wellstone It seems counterintuitive. How can it The PRESIDING OFFICER. The amendment at 1 hour, with the Senator be that on the one hand child care is so clerk will report. from Minnesota having 40 minutes and expensive, but on the other hand those The assistant legislative clerk read our side having 20 minutes. men and women who work in this field as follows: are so underpaid? The PRESIDING OFFICER. Without The Senator from Minnesota [Mr. The problems of the high costs and objection, it is so ordered. WELLSTONE] proposes an amendment num- the low wages are inevitable under the Mr. SPECTER. Mr. President, I also bered 3644. current system of child care delivery in ask unanimous consent that no second- Mr. WELLSTONE. I ask unanimous the United States. Colleagues, this degree amendments be in order prior to consent reading of the amendment be amendment is just one vote, but this is the vote. dispensed with. a central issue of American politics. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Talk to working families in this coun- objection, it is so ordered. objection, it is so ordered. try and they will list child care as one Mr. KERRY. If the Senator from The amendment is as follows: of their top concerns. They are not just Pennsylvania wants to yield back time, On page 71, after line 25, add the following: talking about the cost of child care, I am prepared to do the same. I want to SEC. ll. (a) In addition to any amounts but they are also saying when both par- reserve one comment. appropriated under this title for the loan for- ents work, or as a single parent work- I appreciate everything the Senator giveness for child care providers program ing, they worry most of all that their under section 428K of the Higher Education has said. I appreciate his comments. I child is receiving the best care—not Act of 1965 (20 U.S.C. 1078-11), an additional custodial, not in front of a television know he wants to do more. Unless we $10,000,000 is appropriated to carry out such in the Senate tackle this beast called program. for 8 hours, but developmental care. the allocation process, and unless we (b) Notwithstanding any other provision of On a personal note, I can remember begin to challenge the constraints this Act, amounts made available under ti- as a student at the University of North within which we are now dealing, we tles I and II, and this title, for salaries and Carolina, barely age 20, Sheila and I are not doing our job. expenses at the Departments of Labor, had our first child. I will never forget, Health and Human Services, and Education, 6 weeks after David was born, Sheila These votes are an opportunity to try respectively, shall be reduced on a pro rata to do that. My plea is to the Senator, had to go back to work. That is all the basis by $10,000,000. time she could take off. Six weeks is the Appropriations Committee, and Mr. WELLSTONE. Mr. President, I others, that we begin to try to change not enough time to bond with a child. come to the floor to offer a very simple We had hardly any money. We asked these shackles that are keeping us amendment. This amendment asks from responding to the real needs of around and we heard about a woman only that we appropriate an additional who took care of children. We took the country. The measurement should $10 million to fund the loan forgiveness not be what we are doing against a David over. After about 3 days of pick- program which was authorized under ing him up, every day he was listless. baseline set by us. The measurement the Higher Education Act. This is a should be, what will it take to guar- Before he had gone to this child care, loan forgiveness program for women this home child care setting, he was en- antee we can turn to Americans and and men who go into child care work. say we are addressing the problem, we gaged and lively. It was wonderful. This would be taken from administra- I was at school, I was working; Sheila are getting the job done. tive expenses in the overall budget. was working. At 5 o’clock or 5:30 we We need to close that gap. Despite the fact that we know that would come to pick him up and he was I am happy to yield back the remain- child care workers struggle to pay back listless. Finally, after 3 days I got con- der of my time. their student loans, and that all too cerned and I showed up at her home in Mr. SPECTER. Mr. President, I ask many of them earn poverty-level wages the middle of the day. The problem was unanimous consent the vote on the without benefits, which means in turn she had about 20 children she was try- Kerry amendment be deferred, to be that many of them are forced to leave ing to take care of. Most of them were stacked later today at a time to be mu- their work for higher paid work, we in playpens and she had stuck a pac- tually agreed upon by our respective have yet to appropriate one penny for ifier in their mouth and they were re- leaders. this forgiveness program. ceiving no real care. There was no real I raise a point of order under section I originally offered this amendment interaction. Parents worry about this. 302(f) of the Budget Act, as amended, calling for loan forgiveness for those I argue today on the floor of the Sen- that the effect of adopting the Kerry men and women who go into the child ate, one of the keys to making sure amendment provides budget authority care field with Senator DEWINE. My there is decent developmental child in excess of the subcommittee’s 302(b) thought was this is sacred work. This care—not custodial child care—is to allocations under the fiscal year 2001 is important work. This is work with have men and women working in this concurrent resolution on the budget, small children. If people are going to field being paid a decent wage. Right and is not in order. be paid miserably low wages—many now, we have a 40-percent turnover in Mr. KERRY. Mr. President, pursuant having no health care benefits at all, this field. Who pays the price? The to section 904 of the Congressional and we understand the importance of children. Budget Act, I move to waive the appli- early childhood development—then I have said on the Senate floor be- cable section of that act for consider- let’s at least have a loan forgiveness fore, when I was teaching at Carleton ation of the pending amendment, and I that will encourage men and women to College as a college teacher for 20 ask for the yeas and nays. go into this area. years, I had conversations with stu- The PRESIDING OFFICER. Is there a Right now the child care situation in dents who came to me and said: Look, sufficient second? the United States is critical. We have a don’t take it personally. We think you system in place where child care is pro- are a good teacher, Paul, and we really There is a sufficient second. hibitively high for working families. It appreciate your work as a teacher. But The yeas and nays were ordered. is not uncommon for a family to be we would like to go into early child- Mr. KERRY. I thank my colleague. paying $6,000 per child, $12,000 per year, hood development. The problem is, The PRESIDING OFFICER. The Sen- $10,000 per year. Maybe the family’s when you make $8 an hour, with no ator from Minnesota. overall income is $35,000 or $40,000. health care benefits, and you have a

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12811 huge student loan to pay off, especially mitment to this area. We have child ing. That is not just because of the wel- at a college like Carleton, you can’t af- care workers, men and women who fare bill, but because the reality of ford to do it. Some of the people want work in these centers, who do not even American families today, for better or to go into this field, which we say is so make half of what people make who for worse—sometimes I wonder—is that important, but they can’t afford to do work in our zoos. I think work in the you just don’t have one parent staying it. zoo is important, but I also think work at home. In most families, both parents The least we could do is have a small with small children is important. are working full time. This is a huge loan forgiveness program. We have the vast majority of child concern to families in this country. We The result of the system we have care workers barely making minimum could help by passing this amendment. right now is poverty-level earnings for wage or a little bit above, only about a I want to talk about one study in the workforce. third at best having any health care particular that I think, in a dramatic By the way, who are the child care coverage whatsoever. way, puts into focus what I am talking providers in the country today? Mr. Senator DEWINE and I, several years about. It was a recent study by the President, 98 percent of them are ago, help pass a bill that authorized University of California at Berkeley women, and one-third of them are some loan forgiveness so you would and Yale University. They found that a women of color. We can do a lot better. have men and women who could go to million more toddlers and preschoolers We pay parking lot attendants and men college, with the idea they would go are now in child care because of the and women who work at the zoos in into this critically important field and welfare law. That wouldn’t surprise America twice as much as we pay those their loans would be forgiven. What I anyone, given the emphasis on people men and women who take care of our am trying to do, taking it out of ad- going to work. So far, so good. But they also found that many of small children. Something is pro- ministrative expenses, is just finally to these children are in low-quality care, foundly wrong when we pay people who get a little bit of appropriation; start where they lag behind other children in care for our cars and our pets more out with $10 million so we finally set developmental measures. This was a money than we do for those who care the precedent that we are willing to study of 1,000 single mothers moving for our children. fund this. We have not put one penny from welfare to work. They wanted to Let me go over the facts. The average into this program so far. know where were their children. What teacher based at a child care center What happens is that we have this they found out was their children were, earns roughly $7 an hour. Despite high turnover. As I said before, prob- by and large, placed in child care set- above average levels of education, ably about 40 percent or thereabouts of tings where they watched TV all the roughly one-third of the child care child care workers in any given year go time, wandered aimlessly, and there workers earn the minimum wage. Even from one job to another. That figure was little interaction with caregivers. those at the highest end of the pay may be a little high, but it is a huge Here is the tragedy of it. Many of these scale, who are likely to have a college turnover. Who pays the price? The chil- toddlers from these families showed de- degree and several years of experience, dren pay the price. As I look at my own velopmental delays. make about $10 an hour. Family child figures, I guess it is about a third, a Would anybody be surprised? Anyone care providers—a lot of child care is in third of this country’s child care work- who has spent any time with small homes—make even less money. People force leaves the job each year because children would not be surprised. When who care for small groups of children they are looking for better work. This asked to point to a picture of a book in their home make on average about leads to a dangerous decline in the from among three different pictures, $9,000 per year after all expenses are quality of child care for our families. fewer than two in five of the toddlers figured in. The most dangerous decline in quality in the study pointed to the right pic- A recent study by the Center For The is the care for toddlers, for infants. ture compared to a national norm of Childcare Workforce finds that family They are exposed to the poorest care of four out of five children. child care providers earn on the aver- all. One of the study’s authors is quoted age, when you take into account their We have not appropriated one cent as saying: costs, $3.84 an hour, given their typical for the loan forgiveness program we au- We know that high quality child care can 55-hour week. Not only that, but the thorized 2 years ago, and at the same help children and that poor children can ben- majority of child care workers in our time you have 33 percent of child care efit the most. So we hope that this will be a country receive no health benefits, de- workers every year leaving, and you wake-up call to do something about the qual- spite high exposure to illness. A lot of don’t have the continuity of care for ity of child care in this country. The quality kids, when they come, have the flu and of daycare centers is not great for middle our children, for families in this coun- class families, but it is surprising and dis- they pass it around. Fewer than one- try. At the same time, it is the infants tressing to see the extent to which welfare third of the child care providers in this and the toddlers who are the ones who families’ quality was even lower. country today have health insurance, are most in jeopardy. At the same I simply want to point out that just and an even smaller percentage of child time, we have not made any commit- because a family is a welfare family or care workers have any pension plan ment whatsoever to at least—at least, just because a family is a poor family whatsoever. A recent study in my this doesn’t change everything in the does not mean these small children are State of Minnesota found that only 31 equation—make sure we have a loan not as deserving of good child care. percent of child care centers offered forgiveness program. That is not the situation today in the full-time employees fully paid health Another thing that is happening is country. care. that as we begin to see a severe teacher Ironically, as we see the child care The consequences of these dismal shortage, a lot of child care workers system deteriorating, we are now put- conditions are clear. Let me just put it are saying that they can’t make it on ting more and more emphasis on the into perspective for colleagues. In the $8 an hour with no health care benefits. importance of developmental child White House Conference on the Devel- A lot of younger people say they can’t care. We are saying at the same time opment of the Brain, they talked about make it on $8 an hour with no health that we want to make sure single par- how important it is that we get it right care benefits and a big loan to pay off. ents work and families move from wel- for children in the very early years of They now become our elementary fare to work. We are putting the em- their lives. The medical evidence is ir- school teachers or middle school teach- phasis on work, and more families have refutable and irreducible that these are ers. to work to make it. the most critical years. We all want to As a result, what you have is, at the The median income in our country have our pictures taken next to chil- same time the number of child care today is about $40,000 a year. The in- dren —the smaller the children are, the providers is decreasing, the number of come profile is not that high. We know better. Yet at the same time we have families who need good child care for investment in early childhood develop- done so precious little to make a com- their children is dramatically increas- ment pays for itself many times over.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 12812 CONGRESSIONAL RECORD—SENATE June 28, 2000 We know good child care programs dra- It is one of the top issues of working will be forgiven. That will make a huge matically increase the chances for chil- families. It seems to me several years difference. That is all this amendment dren to do well in school, for children ago—I did this with Senator DEWINE— is about. to go on beyond K–12 and go to college we authorized legislation that called I also say to my colleagues, I offer and do well in their lives, and we know for loan forgiveness to men and women this amendment on behalf of myself the lives of low-income families, in who want to go into this critical area, and Senator DEWINE. I am so pleased particular, quite often lack some of the and we have not appropriated one Senator DEWINE is a cosponsor. I have advantages other families in this coun- penny. We can at least find it in our done a number of different bills and try have. Children from low-income hearts and find our way to put some legislation with Senator DEWINE. We families do not always have the same appropriations into this legislation. I did the Workforce Investment Act to- vocabulary; there is not always the op- am calling for $10 million as a start. gether, and we did this authorization portunity for a parent or parents to I am saying to Senators today—and I together. I do not think we are asking read to them. Therefore, the learning do not think anybody can argue with too much. gap by kindergarten is wide. Some chil- me—there is not one Senator who can This is actually a crisis. The fact is, dren start way behind, and then they dispute the clear set of facts that we the studies that have come out about fall further behind. have to get it right for children. We the quality of child care in this coun- I cite one study which began in the have to get it right for them before age try are pretty frightening. Sometimes seventies on the effects of early child- 3, much less before age 5. Nobody can it is downright dangerous, but almost hood intervention. Children who re- argue with that. always it is barely adequate, and we ceived comprehensive, quality, early Nobody can argue these are not crit- have to do something about it. One of education did better on cognitive, read- ical developmental years. Look at the the best ways we can show we care is to ing and math tests than children who spark in their eyes. They are experi- at least begin putting some funding did not. This positive effect continues encing all the unnamed magic in the into this loan forgiveness program. through age 21 and beyond. Parents world before them, as long as we en- I reserve the remainder of my time if, in fact, there is substantive debate on benefit as well. I do not understand courage them. No one can argue that this issue. Otherwise, I will make a few where our priorities are. We should for working families this is not a huge other points. I reserve the remainder of want to make a commitment to work- issue, both the expense of child care, which I cannot deal with in this my time. ing families in this country and make The PRESIDING OFFICER. Who amendment, and the quality of the care a commitment to children. yields time on the amendment? for their children. If both parents are I want to give some evidence from The Senator from Alaska. the State of Minnesota, and then I will working or a single parent is working, Mr. STEVENS. Mr. President, on be- finish up at least with my first com- there is nothing more important to half of the committee, we are prepared ments. This loan forgiveness program them than making sure their child is to accept this Wellstone amendment works. First, it gives people an oppor- receiving the best care. They do not which provides $10 million for loan for- tunity to go to college who want to be- want their child warehoused. They do giveness for child care providers. The come child care workers. Second, the not want their child in front of a tele- program was authorized by the Higher turnover is reduced. Third, this means vision 8 hours a day. They want to Education Amendment of 1998 and has we get better people. make sure their child is stimulated. never been funded. My own State of Minnesota has ex- They want to make sure there is nur- The administration did not request perimented. We have a State level loan turing for their child. They want to funding, I might add. A $10 million off- forgiveness program. In 1998, we offered make sure there is interaction with set in administrative expenses will pay child care providers up to $1,500 in for- their child. for this amendment. givable student loans for the first time. I do not know how some of the people If the Senator is agreeable, I will ac- Fifty percent of the money was set who work in the child care field do it. cept the amendment to forgive loans aside for what we call the metro area, They are saints; they do it out of love for child care providers who complete a and 50 percent of the money was set for children; but they should not be the degree in early childhood education aside for greater Minnesota, outside ones who subsidize this system. We are and obtain employment in a child care the metro area. The money was award- not going to have good people in the facility located in low-income commu- ed on a first come, first served basis. child care field if they are making $8 nities. That is acceptable to us. People began lining up on the first day. an hour. We are not going to have good The PRESIDING OFFICER. The Sen- In the metro area, all the money was people if they do not have any health ator from Minnesota. gone by 5 p.m. on the second day, and care benefits. I cannot deal with that Mr. WELLSTONE. Mr. President, I all of the money for rural Minnesota in this amendment, but I can deal with thank my colleague from Alaska. And was awarded within 2 weeks. one thing. I can call on my colleagues, if this is not presumptuous of me to This year, Minnesota has made over Democrats and Republicans, who say say, normally I like to call for a re- $900,000 available through their loan they are committed to good child care, corded vote, but I would be pleased to forgiveness program. They started ac- who say they are committed to family have a voice vote, if that is what my cepting applications in March, and values. If they are committed to family colleague wants. And there is one rea- they have committed nearly half the values, what better way to value fami- son why. I can’t get an ironclad com- money to family care providers and 50 lies than to make sure that when peo- mitment from the Senator from Alas- percent to center-based providers. A lot ple are working, their children are re- ka, but I make a plea to him to please of it goes to rural Minnesota and a lot ceiving good care? What better way to try to help me keep it in conference. It of it goes to urban Minnesota. make sure that happens than to do would be a small step toward getting I am saying to my colleagues, I am something about the one-third turn- funding for this. I know the Senator is hoping I can win on this amendment. I over every year? very effective. I don’t need to have a take it out of administrative expenses. How can we best deal with the one- recorded vote if he can at least tell me We know the budget is going to be bet- third turnover? We need to do a lot of he will certainly try. ter for this Health and Human Services things, but this amendment in its own Mr. STEVENS. The Senator does not bill. We know we do not have a good small way helps. I am simply saying we need a recorded vote. This amendment budget with which to work right now. ought to at least put $10 million into probably applies to my State more We know the cap is going to go up. We this loan forgiveness program so we than any other State in the Union. I know we are going to have more re- can encourage men and women—frank- assure him I will be asserting his posi- sources with which to work. ly, I would like to see more men in this tion in conference. We all say we are committed to de- field; it is almost all women in this Mr. WELLSTONE. Mr. President, I velopmental child care. field. At least they know their loan am very glad to hear that. I think I

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12813 would be pleased to go forward with a The PRESIDING OFFICER. Without Mr. STEVENS. Let’s decide the time voice vote. objection, it is so ordered. on that amendment once we have seen Mr. STEVENS. Mr. President, we ask Mr. STEVENS. Mr. President, I it. for the adoption of the amendment. might state for the information of the Mr. President, while we are awaiting The PRESIDING OFFICER. Do both Senate, we are trying to arrange the next amendment, I suggest the ab- Senators yield back their time? amendments from each side of the sence of a quorum. Mr. STEVENS. I yield back our time. aisle. We urge Members on the Repub- The PRESIDING OFFICER. The Mr. WELLSTONE. I yield back my lican side of the aisle to come forward clerk will call the roll. time. with amendments if they wish to call The legislative clerk proceeded to The PRESIDING OFFICER. The them up today. call the roll. question is on agreeing to the amend- For the time being, I ask unanimous Mr. REED. Mr. President, I ask unan- ment. consent that on the amendment offered imous consent that the order for the The amendment (No. 3644) was agreed by Senator REED of Rhode Island there quorum call be rescinded. to. be a time limit of 30 minutes equally The PRESIDING OFFICER (Mr. Mr. STEVENS. I move to reconsider divided, with no second-degree amend- GREGG). Without objection, it is so or- the vote. ments prior to a vote on or in relation dered. Mr. WELLSTONE. I move to lay that to that amendment. AMENDMENT NO. 3638 motion on the table. The PRESIDING OFFICER. Is there (Purpose: To provide funds for the GEAR UP The motion to lay on the table was objection? Program) agreed to. The Chair hears none, and, it is so or- Mr. REED. Mr. President, I have an The PRESIDING OFFICER. Without dered. amendment at the desk, No. 3638, and I objection, it is so ordered. Mr. STEVENS. We presume that The Senator from Alaska. ask for its immediate consideration. Mr. STEVENS. Mr. President, we are there may be a Republican amendment The PRESIDING OFFICER. The awaiting clearance—I understand there offered after the Reed amendment. But clerk will report. is a Kennedy amendment on job train- in any event, the next Democratic The legislative clerk read as follows: ing. We would like to get a time agree- amendment to be offered would be that The Senator from Rhode Island [Mr. REED], ENNEDY, his job training for himself, Mr. KENNEDY, and Mrs. MURRAY, ment on that. I would urge that we of Senator K amendment, and prior to that vote, proposes an amendment numbered 3638. consider that at this time. Does the Senator wish the floor? there would be—let’s put it this way, Mr. REED. Mr. President, I ask unan- The PRESIDING OFFICER. The Sen- that time on that amendment be lim- imous consent that reading of the ator from Nevada. ited to 60 minutes equally divided, with amendment be dispensed with. Mr. REID. Mr. President, I say to the no second-degree amendments prior to The PRESIDING OFFICER. Without manager, the chairman of the full com- a vote. objection, it is so ordered. mittee, Senator STEVENS, we would It is my understanding there would The amendment is as follows: like to have Senator REED of Rhode Is- be 2 minutes on each side. Is that the At the end of title III, insert the following: land offer the next amendment. He is procedure now prior to the vote? Is SEC. . GEAR UP PROGRAM. on his way over to do that. that correct, may I inquire? Is that In addition to any other funds appro- Mr. STEVENS. Is it possible to get a your desire? priated under this Act to carry out chapter 2 time agreement on that? Mr. REID. That is appropriate. of subpart 2 of part A of title IV of the High- Mr. REID. Yes, it is. Mr. STEVENS. I ask unanimous con- er Education Act of 1965, there are appropriated $100,000,000. Mr. STEVENS. We would like to get sent that on each of these consents time agreements so it would be pos- there be a 4-minute period prior to the The PRESIDING OFFICER. The Sen- sible to stack votes later, if that is pos- vote to be equally divided. ator from Rhode Island. sible. Is the Senator prepared to indi- The PRESIDING OFFICER. Is there Mr. REED. Mr. President, this cate how long it might be? objection? amendment would increase funding for Mr. REID. We will wait until he gets Mr. WELLSTONE. Can I ask my col- GEAR UP by $100 million. GEAR UP is here, but I don’t think he will take a league in that sequence, that following a critical component of our efforts to lot of time. Senator KENNEDY there be a Repub- provide disadvantaged young people a The PRESIDING OFFICER. The Sen- lican and then I be allowed—— chance to go on to college. GEAR UP ator from Minnesota. Mr. STEVENS. It is my under- reaches out very early in their edu- Mr. WELLSTONE. Mr. President, standing the third Democratic amend- cational careers, giving them the men- might I ask my colleagues, there is ment to be offered would be the amend- toring, the support, and the informa- some order here. There is going to be a ment from Senator WELLSTONE. We are tion necessary to succeed, not only in Reed amendment—is that correct?— awaiting the Republican amendments high school but to go beyond, to enter next, and then a KENNEDY amendment. to see. But it will be the Reed amend- and complete college. I have an amendment with Senator ment, then a Republican amendment, I offer this amendment along with REID that deals with mental health and then the Kennedy amendment, then a Senator KENNEDY and Senator MUR- suicide prevention. Might I add that I Republican amendment, and then the RAY. We are offering it because we be- follow Senator KENNEDY? I am ready to Wellstone amendment. lieve—as I am sure everyone in the keep rolling. The PRESIDING OFFICER. Without Chamber believes—that the oppor- Mr. STEVENS. I am not prepared to objection, it is so ordered. tunity to go on to postsecondary edu- agree to that yet. We are not sure Sen- Mr. REID. Senator WELLSTONE has cation is central to our country and ator KENNEDY wants to offer his agreed to 1 hour evenly divided. central to our aspirations in the Sen- amendment yet. We are prepared to Mr. STEVENS. I don’t know what the ate. enter into a time agreement on the subject matter is. This opportunity is particularly dif- KENNEDY amendment. Mr. REID. Mental health. ficult to achieve if one is a low-income Mr. President, I suggest the absence Mr. WELLSTONE. Suicides. student in the United States. The of a quorum. Mr. REID. It deals with suicides. GEAR UP program is specifically de- The PRESIDING OFFICER. The Mr. STEVENS. We haven’t seen it, signed to reach out early in the career clerk will call the roll. but we will be pleased to consider an of a child, the sixth or seventh grade, The legislative clerk proceeded to hour on that amendment and get back and give them not only the skills but call the roll. to the Senator. the confidence and the expectation Mr. STEVENS. Mr. President, I ask Mr. REID. If you need more time, we that they can succeed and can go on to unanimous consent that the order for don’t care. If you decide you do, we will college. Both these skills and informa- the quorum call be rescinded. add it on to ours. tion, together with the confidence that

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 12814 CONGRESSIONAL RECORD—SENATE June 28, 2000 they can succeed, are essential to their departments of education, high-poverty profit organizations known as the Col- progress and to our progress as a Na- school districts, institutions of higher lege Access Alliance of Rhode Island. tion. education, businesses, and other pri- They reach out to schools. They reach GEAR UP is based upon proven early vate or non-profit community organi- out to homes. They provide community intervention models such as the I Have zations. GEAR UP is a college pre- support, a network which helps these a Dream Program and Project GRAD. paratory program, a Federal program young students understand their poten- These programs have succeeded in im- that focuses on children in early tial and tells them: Yes, you can go on proving low-income student achieve- grades. As such, the existence of other to college; yes, you can succeed; yes, ment, high school graduation rates, programs such as TRIO does not elimi- you can be part of this great American and college enrollment rates. We are nate the need to fully fund GEAR UP. economy and this great American building on a successful set of models. We have to recognize that we have not country. GEAR UP provides students with only the responsibility but also an op- Providing these resources has helped very specific services tailored to help portunity to fully fund the GEAR UP countless young Rhode Islanders to them prepare for college. These serv- program. reach their full academic potential. In ices include tutoring, mentoring, and I commend Senator HARKIN and Sen- just one year, Rhode Island GEAR UP counseling. They are critical to ensure ator SPECTER. They have dealt with a has provided invaluable services. It has that students are equipped both aca- variety of educational issues in a budg- helped 1,300 students enroll and partici- demically and emotionally to succeed et that constrains their choices—in- pate in summer academic programs. It in college. We often hear about the deed, their desires—significantly. They has tracked the academic progress of lack of opportunities available to low- have done remarkable work, including over 8,000 highly mobile, disadvantaged income families. This is particularly funding for the LEAP program, which students. They move many times from the case when we talk about entering provides low-income students with school to school, city to city. Rhode Is- and succeeding in college. Low-income funds to go to college. But if you don’t land GEAR UP has been able to track children are the least likely individ- have the first piece, if you don’t have a these youngsters, keep in contact with uals in the United States to attend col- GEAR UP program that gives students them, keep encouraging them, keep lege. In fact, if we look at high-achiev- the skills, the confidence, the insights getting them ready to go on to college. ing students from low-income schools to get into college, Pell grants and It has also identified 1,000 low-income and backgrounds, they are five times LEAP grants are irrelevant because students in need of extra support. It less likely to attend college as com- these deserving young students won’t has linked these students to academic parable students in higher-income even be in the mix. tutoring and mentoring, the kind of schools across this country. By focus- GEAR UP is important. It is funda- help they need to succeed. ing on college preparation for these mental. The budget that Senators Although these are impressive numbers, because of limited resources we needy students, GEAR UP is directly SPECTER and HARKIN were dealing with targeted at eliminating this disparity. did not give them the full range of currently cannot duplicate this type of There is something else that is im- choices they needed to ensure they effort in every State, in every commu- portant about GEAR UP. There are could fund these important priorities. nity across the country. I believe we should. many talented young people who, if That is why we are here today, to pro- My amendment is cosponsored by they are the first child in their family vide a total of $325 million for GEAR Senators KENNEDY and MURRAY. It is to seriously contemplate college, do UP, an increase of $100 million over also supported by a broad coalition of not have the advantage of parents who what is in this current appropriations interested groups: the United States are knowledgeable about the system. bill. If we do this, it will allow every Student Association, the California Their parents often do not have the in- State to have a GEAR UP program. As State University; the College Board, formation and the incentives to pro- a result of the additional $100 million, the National Association for College vide the kind of support and assistance GEAR UP would serve over 1.4 million Admission Counseling, the Association these young people need. That, too, low-income students across the coun- of Jesuit Colleges and Universities, the must be addressed, and GEAR UP does try. That would be a significant and American Association of Community that. commendable increase in our efforts. Colleges, the National Association of In fact, GEAR UP addresses the needs If we don’t provide this full $325 mil- State Student Grant and Aid Pro- not only of students but also of par- lion, we will see over 400,000 needy stu- grams, the American Association of ents. In a recent survey, 70 percent of dents denied essential academic serv- University Women, the American parents indicated they have very little ices which are provided through GEAR Counseling Association, the National information or they want more infor- UP. Without this amendment, the need Association of Secondary School Prin- mation about which courses their child for these types of skills and support cipals, the National Association of should take to prepare for college. systems will not be met. Eighty-nine percent of parents wanted Furthermore, the demand for GEAR State Boards of Education, and the Na- more information about how to pay for UP is not being met. In 1999, GEAR UP tional PTA. I have a letter representing their sup- college. This information disparity is received 678 partnership and State port. At this time, I ask unanimous particularly acute in low-income areas. grant applications covering all 50 consent that this letter be printed in Again, GEAR UP provides that type of States. However, due to limited re- the RECORD. information and assistance. sources, only one out of four partner- There being no objection, the letter It is well documented that contin- ships and half of the State applications was ordered to be printed in the uous programs that are integrated into could be funded. Clearly, the need is RECORD, as follows: the daily school life of a child are the there. The demand is there. We must best types of programs to provide for UNITED STATES STUDENT ASSOCIATION, meet it with sufficient resources. Washington, DC, June 23, 2000. successful outcomes. That is exactly Today GEAR UP’s reach is limited Hon. JACK REED, what GEAR UP does. It starts early in because of the constraints on our ap- U.S. Senate, a career, sixth and seventh grade, fol- propriations. We need to provide suffi- Washington, DC. lows the child through their middle cient resources so we can do our best to DEAR SENATOR REED: On behalf of the un- school years and into high school, and reach all the needy students in the dersigned, I wish to express my strong sup- is integrated with other subjects so United States. port and appreciation for your amendment there is both continuous support and My home State of Rhode Island was to provide $325 million for GEAR UP in FY 2001. an integrated approach to preparing a fortunate to be one of the States to re- As you know, early intervention and men- child for college. ceive GEAR UP funding. The current toring programs drastically increase the GEAR UP does this through partner- Rhode Island GEAR UP program is chances that low-income students will at- ships and collaborations among State comprised of a partnership of 21 non- tend and graduate from college. GEAR UP

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12815 takes a unique approach to early interven- National Association of State Student Grant to more than $650 million, with almost tion. First, GEAR UP involves whole cohorts and Aid Programs a $20 million increase. We have struc- of students, beginning in middle school and National Education Association tured a program on school safety as to extending throughout high school. Research The National HEP-CAMP Association violence and a program as to drugs. clearly demonstrates that we must help stu- National PTA dents to begin preparing for college no later New York State Education Department These are programs we have structured than the middle school grades. Northeastern Illinois University to do the best we can. Second, GEAR UP is sparking the develop- Ohio Appalachian Center for Higher Edu- The Senator from Rhode Island has ment of university/K–12 partnerships that cation commented about what Senator HAR- often include businesses and community- Oklahoma State Regents for Higher Edu- KIN and I have attempted to do in this based organizations. In fact, more than 4,500 cation bill, which is the maximum stretch, as big and small businesses, community-based Pennsylvania State System for Higher Edu- organizations, religious and civic organiza- I had said earlier, that can be accom- cation modated on this side of the aisle at tions, chambers of commerce, and others Roosevelt University joined the states, universities, and middle Rutgers, The State University of New Jersey $104.5 billion. Regrettably, the money schools that submitted applications for the Saint Olaf College is simply not present. I wish it were. first round of GEAR UP awards in 1999. State Higher Education Executive Officers The House has $200 million, which is Clearly, our nation’s business and commu- State University System of Florida less than the $225 million we have on nity leaders recognize that the quality of to- United States Student Association the Senate side. We will do our best to morrow’s workforce depends, in large part, University of Cincinnati upon what we do today to prepare middle maintain that kind of an increase, University of North Carolina which would be $25 million, which is as and high school students for the rigors of University of Washington college-level work. far as we can realistically go. Vermont Student Assistance Corporation Because such programs are crucial to in- How much time do I have remaining, creasing access to higher education, we be- Mr. REED. Mr. President, one of our Mr. President? lieve that it is important to point out that primary educational goals should be to The PRESIDING OFFICER. The Sen- the undersigned strongly support all efforts ensure that all students with the skill, ator has 12 and a half minutes. to increase access through early interven- talent, and ambition to go to college Mr. SPECTER. I have 12 and a half tion programs, including TRIO. Although the can go to college. In order to accom- objectives of these programs are similar, the minutes out of the 15? approaches that TRIO and GEAR UP employ plish that goal, we have to fund, of The PRESIDING OFFICER. That is are quite different. In view of the tremen- course, Pell grants; we have to fund the correct. dous challenges we face in breaking down the LEAP program. We have to do many of Mr. SPECTER. I have said what I had barriers to college attendance for students the things Senators SPECTER and HAR- to say. I will not use all of my time. from low-income families, we also support KIN have insisted upon in this bill. But How much time does the Senator from funding the TRIO program at the highest we also have to do something which Rhode Island have left? possible level. Some $231 million in FY01 funding is need- helps students early on through the The PRESIDING OFFICER. The Sen- ed just to keep year-one and year-two GEAR GEAR UP program, and give these ator from Rhode Island has 4 minutes. UP grantees on their current trajectory. young students the skills, the con- Mr. SPECTER. I intend to raise a Should the Senate fail to adopt your amend- fidence, and the expectation that they point of order under section 302(f) of ment, needy students in communities that can and should go on to college. That is the Budget Act, as amended, that the have not yet received GEAR UP grants will why I urge my colleagues to support effect of adopting the Reed amendment be denied the opportunity to gain the skills this amendment. would provide budget authority in ex- and information essential for going to col- At this time, I yield the floor. lege. cess of the subcommittee’s 302(b) allo- Senator Reed, we thank you for all you are The PRESIDING OFFICER. The Sen- cation and therefore it is not in order. doing to ensure that the door to higher edu- ator from Pennsylvania is recognized. The PRESIDING OFFICER. The cation is opened wide to low-income students Mr. SPECTER. Mr. President, there Chair notes that the Senator from in Rhode Island and throughout our nation. is no doubt that the GEAR UP program Rhode Island still has time pending and With best regards, is a very fine program. It has been in the motion would not be in order. Sincerely, existence for a fairly short period of Mr. SPECTER. As I said, I intend to KENDRA FOX-DAVIS, PRESIDENT, time. It originated with Congressman raise that point of order after he has The United States Student Association. CHAKA FATTAH from Philadelphia, who completed his statement. This letter is sent on behalf of the fol- had the initial idea and took it to the I yield the floor and reserve the re- lowing entities: President, who agreed with it. It was mainder of my time. American Association of University Women put into effect just a few years ago. It Mr. REED. Mr. President, I recognize American Counseling Association started out at a funding level of $120 Senator SPECTER’s dilemma with the The California Community Colleges million. Last year, the President re- budget resolution, as it fairly con- The California State University quested an increase, and we came up to strains his ability and the ability of his Chicago Education Alliance some $200 million, and our Senate bill colleagues on the committee to fund Chicago Teachers’ Center Cincinnati Public Schools has $225 million in the program. programs that are worthwhile. In fact, Cincinnati State Technical and Community Coincidentally, I happened to attend I note that GEAR UP is a program that Colleges the President’s program where he did evolved from a model that was very Cincinnati Youth Collaborative one of his Saturday speeches on it. So popular in Pennsylvania, the I Have a The College Board I know the program thoroughly. In Dream Program, and others. The Sen- Council of the Great City Schools fact, with Congressman CHAKA FATTAH, ator is familiar with it and is sup- DePaul University I visited a school in west Philadelphia portive of it. My point is that this is Gadsden State Community College where this program was being used. Re- one of those critical programs, and we Hispanic Association of Colleges and Univer- sities grettably, there is simply not enough have to reach beyond this budget reso- Loyola University money to accommodate all of the pro- lution and budget constraints and try National Alliance of Black School Educators grams, which are good programs, which to find the resources. National Association for College Admission we would like to have. It is not possible It is particularly appropriate at this Counseling to accommodate the program Senator moment, as we are looking ahead at The National Association for Migrant Edu- KERRY of Massachusetts offered about significant surpluses that are grow- cation technical training, or the Bingaman ing—dividends from tough fiscal deci- National Association of School Psycholo- amendment on an extra $250 million for sions we have made over several gists National Association of Secondary School title I, or the Wellstone amendment of years—that we begin to develop a Principals $1.7 billion. strategy to invest more and more into National Association of State Boards of Edu- We have put substantial money into education. GEAR UP is a worthwhile cation job training programs. Job Corps is up program—eminently worthwhile. One

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 12816 CONGRESSIONAL RECORD—SENATE June 28, 2000 could argue it is the first step in so Mr. KENNEDY. Mr. President, I sug- have a very useful and constructive much of what is included in this legis- gest the absence of a quorum on my and satisfying life. lation, such as Pell grants, LEAP, and time. The job market has changed dramati- all of those programs that actually The PRESIDING OFFICER. The cally in recent years. It is changing give these youngsters the money to go clerk will call the roll. more every single day with the obvious to college. But if they don’t have the The assistant legislative clerk pro- globalization and the move towards the skill, motivation, and the confidence ceeded to call the roll. information economy. New tech- to try, those grants won’t be useful to Mr. KENNEDY. Mr. President, I ask nologies are creating new careers and them. unanimous consent that the order for new businesses, and many people are in So I once again urge that we move the quorum call be rescinded. jobs that didn’t exist a generation ago. forward with this amendment. I under- The PRESIDING OFFICER. Without These new businesses are an important stand that the Senator from Pennsyl- objection, it is so ordered. part of our new economy, and they also vania will make a budget point of AMENDMENT NO. 3678 create many new jobs. But they have order. At that time, I will make a re- (Purpose: To adjust appropriations for work- also created new challenges for our quest to waive that applicable section. force investment activities and related ac- workers. Education has become in- If the Senator is ready to make the tivities) creasingly important to move up the motion, I am happy to yield back all Mr. KENNEDY. Mr. President, I send ladder in the job market. And the idea my time and then be recognized. an amendment to the desk and ask for of continuous skill development has Mr. SPECTER. Mr. President, I will its immediate consideration. become a critical part of workplace just add one thing. I appreciate the sin- The PRESIDING OFFICER. The success. cerity of the comments of the Senator clerk will report. We have learned that continuing on- from Rhode Island that this is a more The assistant legislative clerk read going training has to be a lifetime ex- important program. That is what the as follows: perience. We know that some compa- proponents of all of the amendments The Senator from Massachusetts [Mr. KEN- nies are providing training programs. have had to say. If the Senator from NEDY], for himself, Mr. WELLSTONE, Mr. More often than not, those training Rhode Island could find offsets within ROBB, Mr. BINGAMAN, Mr. ROCKEFELLER, Mr. programs are directed to those in the the budget resolution and tell me and REED, Mr. DODD, Mr. AKAKA, Mr. DURBIN, Mr. upper levels of the management of Senator HARKIN what programs are less KERRY, and Mr. BAYH, proposes an amend- those companies. For too long we have important and have offsets, I would be ment numbered 3678. left behind those who have been the pleased to entertain that consider- Mr. KENNEDY. Mr. President, I ask real backbone of so many of these com- ation. To add to the budget, it is the unanimous consent that reading of the panies—the workers who often lack same point that has been made repeat- amendment be dispensed with. basic academic and technical skills. edly—that everybody’s program is spe- The PRESIDING OFFICER. Without These programs which have been in- cial. And I happen to agree with them; objection, it is so ordered. cluded in the amendment that I have they are all special programs. But if The amendment is as follows: offered are basically to try to make you made it more special than some- On page 2, line 12, strike ‘‘$2,990,141,000’’ sure we are going to offer more work- thing already in the program and have and insert ‘‘$3,889,387,000’’. ers the skills necessary in order to con- an offset, we would not raise the rule. On page 2, line 13, strike ‘‘$1,718,801,000’’ tinue to be the world leader in terms of I ask unanimous consent that the and insert ‘‘$2,239,547,000’’. On page 2, line 15, strike ‘‘$1,250,965,000’’ our economy. vote on the Reed amendment be and insert ‘‘$1,629,465,000’’. I don’t know how many others in this stacked to occur later today at a time On page 2, line 17, strike ‘‘$1,000,965,000’’ body go back home over the weekends to be agreed upon by the leaders. and insert ‘‘$1,254,465,000’’. and meet with various groups, includ- The PRESIDING OFFICER. Without On page 2, line 18, strike ‘‘$250,000,000’’ and ing various business groups. I find in objection, it is so ordered. insert ‘‘$375,000,000’’. my State of Massachusetts and gen- Mr. SPECTER. Mr. President, I yield On page 5, line 6, strike ‘‘$153,452,000’’ and erally throughout New England that back all time if the Senator from insert ‘‘$197,452,000’’. the first issue people raise is: When are On page 5, line 7, strike ‘‘$3,095,978,000’’ and Rhode Island is prepared to do the we going to do something about the H– same. insert ‘‘$3,196,746,000’’. On page 5, line 26, strike ‘‘$153,452,000’’ and 1B issue? People who listen to talk Mr. REED. Yes. about H–1B wonder what in the world it Mr. SPECTER. Mr. President, it is insert ‘‘$197,452,000’’. On page 6, line 1, strike ‘‘$763,283,000’’ and is. H–1B is a visa program. It permits now relevant to raise the point of order insert ‘‘$788,283,000’’. importation of highly skilled foreign under section 302(f) of the Budget Act On page 20, line 1, strike ‘‘$19,800,000’’ and nationals to work in our plants and that the amendment would exceed the insert ‘‘$22,300,000’’. corporations. That is a key question on subcommittee’s 302(b) allocation and Mr. KENNEDY. Mr. President, this the minds of those involved in so many therefore it is not in order. amendment is based upon a rather of the expanding economies in this Mr. REED. Mr. President, pursuant basic and fundamental concept; that is, country. to section 904 of the Congressional every worker who enters the job mar- I always say: Yes. We ought to move Budget Act of 1974, I move to waive the ket is going to have seven or eight jobs ahead. I hope we can move ahead and applicable sections of that act for the over the course of his or her lifetime. expand that program before we leave consideration of the pending amend- A number of years ago when I first this Congress. ment, and I ask for the yeas and nays. entered the Senate many of the work- H–1B visa provides a temporary solu- The PRESIDING OFFICER. Is there a ers in my own State got a job at the tion to a labor market shortage of sufficient second? Fall River Shipyard, and their father highly skilled workers. I think the an- There is a sufficient second. The yeas and nays were ordered. or mother had a job there, and many swer to this is not only in the tem- Mr. SPECTER. Mr. President, se- times their grandfather had a job porary way to have an expansion of the quencing now comes to the Senator there, as well. They knew early in their highly skilled workers coming to the from Massachusetts, Mr. KENNEDY. lives that they would enter the same United States, but to develop the skills Parliamentary inquiry: It is my under- career as their family before them. for American workers so they can have standing that there is a time agree- They acquired their skills through those jobs in the future. Those are good ment for 1 hour equally divided. training. They lived their lives more jobs. They are well-paying jobs. Ameri- The PRESIDING OFFICER. That is often than not with only a high school cans ought to be qualified for those. correct. diploma. They acquired their skills and The only thing that is between Ameri- Mr. SPECTER. I thank the Chair. upgraded their skills at the place of cans gaining those jobs are the train- The PRESIDING OFFICER. The Sen- employment, but usually their job ing programs for upgrading their skills. ator from Massachusetts is recognized. changed very little. They were able to We need to strengthen our secondary

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12817 education and provide better access to at a private center. Wherever they won’t tell you that is the most short- post-secondary education for more stu- choose, they are aware of how partici- sighted decision that could possibly be dents. And we have to improve the ac- pants of that program performed in the made by the Congress today. cess to on-the-job training for current workplace. I know in my own city of Boston workers, and provide the resources to That is what we attempted to do in a where they have anywhere from 10,000 support dislocated workers with train- bipartisan way 3 years ago. Those pro- to 12,000 Summer Jobs Programs, what ing and re-employment services. grams are ready to go. What happens? happens? The private sector comes in What happened in the Senate? It is The appropriations bill pulls the rug and provides maybe 2,000 to 3,000 jobs. almost as if this appropriations bill out from under those programs. They try to build upon the jobs pro- just fell off the ceiling. It has lacked, Our amendment is trying to restore gram that existed in previous sum- with all due respect, the focus and at- the funding at the President’s request mers. High school students get a tention to what we have tried to do in to make sure we are going to have the chance to improve their academic some of the authorizing committees. training programs that are necessary skills and learn important workplace This fall, for the first time, we will so American workers can get the skills skills that enable them to get higher put in place the Workforce Investment to be able to compete in the modern paying jobs in future summers. Many Act, which I was proud to cosponsor economy. of them make business connections with Senators JEFFORDS, DEWINE and That is what this is all about. It may that give them employment opportuni- WELLSTONE, to consolidate the 126 dif- not be a ‘‘front-page issue.’’ It may not ties throughout high school and col- ferent workforce programs in 12 dif- be a ‘‘first-10-pages issue.’’ But as lege. ferent agencies that too often are tied workers can tell you all over this coun- They will find children who have up with a good deal of bureaucracy. We try, skills are the defining issue as to completed 1 year in the Summer Jobs started working on that legislation what your future is going to be and Program, a second year in the Summer with Senator Kassebaum and it took what you are going to be able to pro- Jobs Program, and the third year the three years before we passed that provide for your family. private sector picks them up, and more This provides additional resources gram. often than not they get the job. If the out of the surplus to be able to fund I had the opportunity on Monday of young person is interested enough to these programs in the way that the this last week to go out to Worcester, continue the Summer Jobs Program President has recommended. MA. There were 800 people gathered There has been a lack of serious at- and acquire some skills, more often there interested in the work training tention to the various programs which than not in my city of Boston they will programs from all over New England. we mentioned. Tragically, I think the be picked up and given a job to move They are eager to know how they are most dramatic has been in the Summer ahead. I wonder how many Members of this going to get the resources to try to put Jobs Program. together this consolidation of training Here is the story in the Wall Street body have ever been with a young per- programs in order to get the skills for Journal: ‘‘Fewer youths get a shot at son in the summer youth program the people in our region of the country. the Summer Jobs Program. This sum- day they get their first paycheck and Workers know that they have to in- mer the Workforce Investment Act re- see the pride and satisfaction and joy crease their skills, especially in the places the Nation’s previous federally of those young people? They have a area of computer technology, and they supported summer jobs.’’ paycheck, many of them for the first want to know how to access those pro- We tried to upgrade it and tighten it time. They have a sense of involve- grams. Those discussions are taking to eliminate some of the bureaucracy. ment, a sense of participation, a replace in cities and towns all over the We know that there needs to be a year- sponsibility, a willingness to stay the country. round connection to the job experi- course. Part of that consolidation was what ences that young people have in the We are saying to those young people: we call one-stop shopping where a summer. What happens? The minute we No way, we are cutting back. We have worker, for example, who has been dis- expand the mission of the Summer record surpluses, but not for you, located or has lost their job, maybe be- Jobs program, they cut out all of the young America. Then we wonder cause of the merging of various indus- funds for the Summer Jobs Programs around this body about violence in tries, would be able to come to one for youth. We mandate a year-round school, we wonder why young people place to learn about all the options approach to getting some of the need- are upset, disoriented, or out of touch that they have for training. They iest youth equipped for the world of with what is going on. We send them would be able to have their skills as- work and we critically under-fund that back into the confusion of the inner sessed. They could get information on effort. In doing that we doom those city, send them out there without any jobs that are available in their areas young people to fail. supervision, send them out there with- and the skills that they would need to While local groups agree that the ex- out any sense of training or pride. That compete for those jobs. And they would pansion will make the program more is what we are doing. We are basically get an accurate assessment of their effective, it will be more expensive. abdicating our essential and important current skills. Washington hasn’t provided the funds. responsibility to the children of this They could see how long each train- The Labor Department estimates par- country and abandoning our commit- ing program takes, and a look at the ticipation will drop 25 percent to 50 ment to give workers help and assist- employment prospects. They also get percent from last year’s 500,000 young ance. information about how many former people. Soon the Senate will discuss the participants in those programs did in Dropping over 500,000 young people— issue of expanded trade with China. the job market. How many of them got most of them in the cities of this coun- The votes are there to pass it. Many jobs right away, and at what salary? try—and cutting them loose is prob- have pointed out that some are con- They also get a look at how many of ably about as shortsighted of a decision cerned because some will benefit, and those workers were still employed after as could be made by this Congress. benefit considerably, while others are a year, and how many were able to At a time where we just had the an- going to sacrifice, and sacrifice consid- move up in those jobs to better paying nouncement yesterday of surpluses erably. We have heard those arguments jobs with their companies. going up through the roof, we are talk- about this providing new opportunities The person can make up their mind. ing about today cutting out effectively for many aspects of our American They can say: OK. I want to take that the Summer Jobs Program for the economy. Many have said yes. But particular program, and they are going most economically challenged urban what about others who will be laid off? to be able to go to that program and and rural areas of our country. They ought to get a little training to acquire the skills. It could be at a com- You can’t talk to a mayor in any city find a future for themselves and their munity college, a four year college or of this country, large or small, who family.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 12818 CONGRESSIONAL RECORD—SENATE June 28, 2000 What is happening now? We are clos- result, these individuals usually end up However, the Welfare-to-Work program ing the door for them. We are denying accepting jobs that pay relatively low itself has not yet been renewed. With them the right to have that kind of job wages and have few benefits. They eligibility changes taking effect for training. We are denying young people often have irregular track records in competitive grantees at the beginning their first job experience and we are de- employment: they hold several jobs at of 2000 and for formula grantees later nying older workers the training pro- a time, work part-time or intermit- this year, Welfare-to-Work efforts grams to give them job security. It is tently, or endure periods of unemploy- must be given more time to run. If the fine for those who will make the big ment. Many of these individuals have program is not reauthorized, worth- fortunes. Increase the number of bil- been on the welfare rolls or are living while efforts at the State and local lev- lionaires in our society. What about under conditions that make them vul- els to help low income families will be those men and women who are laid off? nerable to becoming dependent on Fed- adversely impacted. The only way they can survive is to get eral assistance. Because the Welfare-to-Work pro- training in a different job. That train- We must not forget that these indi- gram has not been extended, many ing will not be there with this budget. viduals have the potential to make local communities are concerned be- Our amendment provides $1 billion meaningful contributions to the econ- cause their efforts to help Welfare-to- additional dollars to the various train- omy and, given the opportunity, can Work participants have just begun. An ing programs and the summer job pro- become self-sufficient and successfully abrupt end to the program would cause grams. This is a tangible way to show support their families. This is one rea- significant investments to go to waste. Americans that we are going to provide son why I am interested in seeing the As the U.S. Conference of Mayors the tools for them to fully participate Fathers Work, Families Win program states in a letter dated June 10, 2000, in this growing, expanding, and global funded. The portion of the program en- ‘‘Without the extension of the Welfare- society. We need to send a clear mes- titled Families Win provides $130 mil- to-Work program, welfare reform will sage that workers are the backbone of lion in competitive grants for programs be dealt a serious set back in our na- this country, the backbone of our econ- to help low income parents stay em- tion’s cities which are home to the omy, and every hard-working Amer- ployed, move up the career ladder, and highest concentrations of people still ican is going to be able to gain skills to remain off welfare. on welfare.’’ I ask unanimous consent be useful and productive workers in the The program’s Fathers Work compo- that this letter be printed in the future in our society. This amendment nent provides $125 million for competi- RECORD. ought to pass. tive grants to help certain non-custo- There being no objection, the letter How much time remains? dial parents find a job, maintain em- was ordered to be printed in the The PRESIDING OFFICER. The Sen- ployment, and advance on their career RECORD, as follows: ator has 15 minutes remaining. path. This is important because many THE UNITED STATES Mr. KENNEDY. I yield 6 minutes to fathers, rather than being ‘‘deadbeat CONFERENCE OF MAYORS, each Senator. dads,’’ are ‘‘dead broke dads.’’ They Washington, DC, June 10, 2000. The PRESIDING OFFICER. The Sen- have the desire to support their fami- DEAR MEMBER: The United States Con- ator from Hawaii. lies through child support payments ference of Mayors, assembled in Seattle, is Mr. AKAKA. Mr. President, I thank and other means, but cannot do so be- gravely concerned about the future of the my colleague from Massachusetts, Sen- cause they cannot secure or maintain Welfare-to-Work Program. We urge you to extend the Welfare-to-Work program as pro- ator KENNEDY, for yielding time. I am steady employment paying a living posed in the Clinton FY 2001 budget. Without pleased to be a cosponsor of the Demo- wage. the extension of the Welfare-to-Work pro- cratic skills training amendment to Fathers Work, Families Win would gram, welfare reform will be dealt a serious the Labor-HHS-Education Appropria- build on the investments and partner- set back in our nation’s cities which are tions bill for fiscal year 2001. This ships started under the Workforce In- home to the highest concentrations of the amendment further increases our coun- vestment Act and the Welfare-to-Work people still on welfare. try’s human capital by adding $1.05 bil- program. State and local Workforce In- Mayors are aware that some members of lion to skills training programs at the vestment Boards are eligible applicants Congress have legitimately raised concerns about the low expenditure rate in the cur- U.S. Department of Labor. under both parts of Fathers Work, rent Welfare-to-Work program. Unfortu- Mr. President, while I commend the Families Win. These boards have been nately, a large percentage of the funding did chairman and ranking member for implementing WIA [weeeea] across the not reach the local level until the last quar- their efforts in coming forward with a country, reforming the way in which ter of 1998. In addition, the initial Welfare- bill that avoids many of the drastic job training and job placement services to-Work eligibility requirements have ex- cuts approved by the House of Rep- are conducted. The competitive grant cluded a large segment of the hardest-to- resentatives, there are still a number program funds enable the Boards to serve welfare population and thus inhibited of vital programs that continue to be further integrate services for the popu- the expenditure of the first $3 billion in fund- seriously underfunded. This amending. lation of low income workers under We were pleased that Congress made the ment provides adequate funding for programs such as WIA, Wagner-Peyser necessary changes in the eligibility require- Federal skills training programs to [wag-ner pie-zer] grants, Welfare-to- ments in the FY 2000 appropriations bill. serve more individuals who are seeking Work grants, and grants under the However, these eligibility changes were not to improve their ability to contribute Temporary Assistance for Needy Fami- effective immediately. The changes are not to the workplace. Today’s global econ- lies program. This integrated approach effective for WTW formula grant funds until omy demands that the United States will help to ensure that many low in- October 1, 2000. For WTW competitive grant do all it can to ensure that every mem- come families will not fall through the funds, the changes became effective January ber of our workforce is prepared to 1, 2000. cracks and will find it easier to use the We believe that the need for the extension meet new workplace chllenges. Unfor- network of services at their disposal. of this funding will become increasingly evi- tunately, the gap between high-skilled I continue to be a strong supporter of dent as the program becomes fully oper- and low-skilled workers continues to the Welfare-to-Work program. Last ational and the eligibility changes are en- grow, leaving many at the lower end of year, I introduced the Welfare-to-Work acted. In fact, indications from the U.S. De- the spectrum even farther behind. Amendments of 1999 which included partment of Labor’s quarterly reports on One particular program I would like provisions to reauthorize the program WTW spending are he expenditures for for- to mention is the Fathers Work, Fami- and to improve access to the program mula and competitive grant funding have in- lies Win program. This important ini- for more low income individuals. The creased overall and that expenditures for competitive grant funding has increased sig- tiative improves the employment po- eligibility changes were included in the nificantly since January 1, 2000, when the tential of certain low income individ- consolidated appropriations bill for fis- eligibility changes became effective. It is uals who generally have lower levels of cal year 2000, which I thank my col- also expected that spend-out rates will also education and work experience. As a leagues for working on and supporting. increase significantly as larger numbers of

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12819 TANF recipients reach their time limits and the eligibility changes I helped to pass The amendment offered by my distin- lose eligibility for cash assistance. last year, Welfare-to-Work program ac- guished colleague from Massachusetts, Mayors more than anyone else recognize complishments will continue to grow Senator KENNEDY, would address the that although welfare roles have declined and provide strong impetus for the pro- potential shortcomings in funding as significantly across states, great numbers of gram’s reauthorization. In the mean- proposed in the House and Senate. This former welfare clients living in cities who are in need of services still remain. Many of time, I strongly urge my colleagues to amendment provides appropriate fund- these individuals who are still not working support programs such as Fathers ing for the Department of Labor’s have little or no skills, are unable to read Work, Families Win for low income in- Youth and Adult Employment and and write beyond the 8th grade level, and dividuals. Training Programs, especially funding have no work experience. When they are able It is interesting to note that in 1998 for Dislocated Worker assistance, to go to work, the jobs often pay below min- and 1999, while the nation was experi- Youth Opportunity grants, Job Corps, imum wage, have no health benefits and are encing low unemployment, layoffs were and One Stop Career Centers. In addi- insufficient to support the individual, let still widespread. This trend was mainly tion, this amendment also provides ap- alone his or her family. due to companies requiring new skills propriate funding for the Summer Jobs As Mayors we realize that while many in to meet the demands of a new econ- the nation believe the job of welfare reform program resulting from implementa- is complete, we know that much work re- omy. Unfortunately, as we have seen tion of the Workforce Investment Act. mains to be done. The targeted and direct re- by the announcements of large-scale We must continue to improve our sources provided by Welfare-to-Work are es- layoffs from companies such as Coca- skills training program to ensure that sential for us to address the concentrated Cola, J.C. Penney Company, and Exxon America’s workforce remains competi- welfare caseloads in our cities and ensure Mobil Corporation, the situation is not tive to the global economy. I urge my that those still on welfare make the transi- getting any better. colleagues to support this important tion into the workforce. Discontinuing the So, why are we in Congress looking amendment. Welfare to Work program at this time would at reducing or eliminating funding for The PRESIDING OFFICER. The Sen- be a great disservice to those welfare recipi- vital programs that empower former ator from Illinois. ents still unable to find self-sustaining jobs. welfare recipients and low-wage work- Mr. DURBIN. Mr. President, we have The U.S. Conference of Mayors urges you to extend the Welfare-to-Work program until ers with the information and skills just learned within the last few min- we can honestly say that most of those in necessary to become viable citizens in utes that a decision has been made on need of these services are working in perma- their communities? Skills Training Capitol Hill to eliminate the Summer nent, self-sustaining jobs. Now is not the programs are essential to ensure that Jobs Program for this year. That deci- time to stop the progress already made on displaced workers will be able to tran- sion was made by Republican leaders Welfare Reform and Welfare-to-Work. Now is sition into another trade. We must not who have decided that it costs too the time to ensure that those remaining on forget that the Federal Reserve Board much—$40 million. the welfare rolls who have the greatest chal- is reviewing the possibility of raising We have to sit back, from time to lenges to employment are served. interest rates in an effort to slow down time, and measure the relative cost of Sincerely, U.S. economic growth. This could nega- decisions we make. If we are going to WELLINGTON E. WEBB, President Mayor of tively impact not only Hawaii’s econ- say to literally tens of thousands of Denver. omy, especially the construction indus- young people across America that BEVERLY O’NEILL, try that is one of Hawaii’s leading there will not be a Summer Jobs Pro- Chair, Jobs, Education areas for job growth, but the nation as gram, what price will we pay for that and the Workforce a whole. Hawaii’s economy is just re- decision? For many of these kids, it Standing Committee, covering from a decade of economic means there will not be an opportunity Mayor of Long stagnation and layoffs and cannot af- for the first time in their lives to have Beach. ford another recession without pro- a real job, a real learning experience in H. BRENT COLES, Vice President, Mayor viding the necessary funds for skills the workplace. of Boise. training programs. In this country we are prepared to MARC H. MORIAL, The current and proposed funding pay whatever it takes when we sen- Chair, Advisory levels for skills training programs are tence someone to prison. In Illinois, it Board, Mayor of inadequate to ensure the availability of costs about $30,000 a year to keep some- New Orleans. a trained workforce. We must remain one in prison. That failed life that led DAVID W. MOORE, committed in our efforts to equip em- to crime and conviction ends up cost- Chair, Health and ployers with an employment system ing us $30,000 a year. Is it too much to Human Services capable of addressing potential labor pay? No, we will pay it. But when it Standing Committee, shortages. For the State of Hawaii, comes to jobs for kids during the sum- Mayor of Beaumont. eliminating all new funding for One mer, the Republican leadership has de- Mr. AKAKA. The letter goes on to Stop Career Centers/Labor Market In- cided it is too much to pay. note that although welfare rolls have formation will adversely impact Ha- How about school dropouts? When decreased significantly across the waii’s ability to comply with the Work- kids drop out of school, they not only country, ‘‘great numbers of former wel- force Investment Act. Hawaii will not ruin their own lives but often affect fare clients living in cities who are in be able to develop core employment the communities in which they live. need of services still remain.’’ These statistics products used by employers, These are the kids hanging out on the are the hardest-to-help families who job seekers, educators, students, and street corners. These are the ones who need our greatest assistance. Further- others. More specifically, valuable may never have a job. These are the more, many of these individuals will be labor market information would no ones who become chronic statistics in reaching their lifetime limit on welfare longer be provided to the public. our society. We will pay for those sta- benefits imposed by the 1996 welfare re- I commend Hawaii’s Job Corps pro- tistics one way or the other. We have form law and will no longer be able to gram for its successful placement rate decided that is a cost we will pay. But rely on regular cash assistance to sup- of 70 percent. This is significant given when it comes to providing jobs in the port their families. We cannot allow Hawaii’s fragile economy in recent summer for kids going to school, the these families to be left without any years. The success of this program Republican leadership decided today it safety net and should continue pur- clearly illustrates the positive effect was too high a cost to pay. Of course, suing efforts to ‘‘teach them how to the skills training programs have on when we talk about tomorrow’s work- fish’’—this is what the amendment be- our communities. We should not reduce ers, we realize that kids who are not fore us would do. or eliminate funding for these vital put on the right track with the right While I am disappointed that the bill programs that enhance employment values early in life may not go on to before us does not extend the Welfare- opportunities for individuals and their finish school or to become the work- to-Work program, I hope that under families. force of the 21st century for America.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 12820 CONGRESSIONAL RECORD—SENATE June 28, 2000 That is an expense to this country. It is learn how to work and continue to skills to ensure long-term success in obviously something the Republican learn in the workplace, their lives can the workplace. The technical know- leadership is willing to pay, rather be transformed. If there is one value we how that workers need to stay on the than pay for a Summer Jobs Program. share as Americans, it is the value of cutting edge is being redefined every What does this program mean? In my hard work. day. home State of Illinois, the decision The decision by the Republican lead- We are being told by the head of the today by the Republican leaders to ership to close down the Summer Jobs Federal Reserve that this is what is take out the Summer Jobs Program Program is a decision that flies in the necessary to keep America’s economy means that 10,000 kids coming out of face of the values of this country. strong. We are being told that by the schools in the Chicagoland area will The PRESIDING OFFICER. The time business community. We are being told not have a 6-week minimum wage sum- of the Senator has expired. Who yields that by workers. We are being urged to mer job. Is that an important life expe- time? The Senator from Massachu- do that by the President of the United rience? Boy, it sure was for me. Going setts. States. It makes no sense to undermine to work meant a lot for me. As my Mr. KENNEDY. Mr. President, how that. folks used to say: We want you to learn much time do I have remaining? We have taken action in a bipartisan the value of a dollar. When I went to The PRESIDING OFFICER. The Sen- way to develop a workforce develop- work, I understood the value of a dol- ator has 4 minutes. ment system that will be effective. In Mr. KENNEDY. I yield myself 2 min- lar. I added up every paycheck and how the next month every state will come utes. I was going to save it, how I was going on board to implement the new law. Mr. President, I welcome the superb Without this amendment we are effec- to spend it. It also teaches you the statement made by my friend and col- value of hard work, the fact that you tively undermining this Nation’s com- league from Illinois. The Commission mitment to provide important, nec- do get up with the rest of the world and for Economic Development says that go to work and don’t expect somebody essary skills for America’s workers so half of manufacturing companies na- they will be able to be full participants to hand you something. That is the tionwide do not offer any training pro- value of a summer job, a value that in the American economy of tomorrow. grams. Nationally, all employer train- It is wrong. I hope the Senate will ac- will be denied to tens of thousands of ing programs equal just 1 percent of kids because of a decision the Repub- cept my amendment. their payroll costs. I reserve the remainder of my time. lican leadership made to kill the Sum- I have here this ‘‘Opportunity Mr. President, I ask unanimous con- mer Jobs Program. The value of show- Knocks,’’ a study done as a Joint sent to print letters from the U.S. Con- ing up on time to work, dressed prop- Project of Mellon New England and ference of Mayors, National Associa- erly, prepared to work with your co- Massachusetts Institute for a New tion of Counties, and the Mayor of Bos- workers, you cannot teach all that in Commonwealth. It says: ton. school. Some of that is a life experi- Which workers get employer-provided job There being no objection, the letters ence. It is an experience I had and vir- skills? For large employers with 50 workers were ordered to be printed in the tually everyone has on their way to a or more, 80 percent are management. These RECORD, as follows: successful life. For tens of thousands of employers are more likely to provide job THE UNITED STATES CONFERENCE kids, they will be denied that oppor- skills training for managers, computer tech- OF MAYORS, tunity because of this decision by the nicians, and sales workers that for produc- Washington, DC, June 27, 2000. Republican leadership. tion or service workers. How are these lower Hon. EDWARD M. KENNEDY, Of course, for me and a lot of others, skilled workers supposed to improve their U.S. Senate, Washington, DC. that summer job taught us the value of skills and move up the ladder? This really is DEAR SENATOR KENNEDY: I am writing to the case. Companies are doing more hiring express the strong support of The U.S. Con- staying in school. How many times did and firing simultaneously than ever before. ference of Mayors for the Skills Training I stop behind that shovel and think: I Workers who need a new set of skills are Amendment that you will be offering to the don’t want to do this the rest of my often replaced rather than retrained. We Labor-Health and Human Services and Edu- life. I am going to go back to school. I need to get workers the skills that they need cation appropriations bill. At our recent An- am going to get my college degree and to compete in this information-age economy. nual Conference in Seattle, we sent a letter go on. That is the value of a summer That is quite different from Europe, for ex- to Majority Leader Lott urging him to do job, too. ample, where the companies are required to just what your amendment does—restore provide a range of different skills training so critical funding to the Department of Labor Senator KENNEDY is right. If we have there is an investment in a company’s work- for youth and skills training. the values, the same values of families ers. They value the individual, and they The U.S. Conference of Mayors just re- across America, we would be voting for know that continual, ongoing training pro- leased a survey, Examining Skills Shortages this program and this amendment he is grams in each of those major industries in America’s Cities, which shows that 86 per- proposing for summer jobs for kids so makes good business sense. cent of cities suffer shortages in technology they can have a valuable work experi- This study goes on to say that the workers; 73 percent suffer shortages in ence. We would be voting for this health workers; 72 percent lack enough con- poor odds of an employer offering any struction workers to fill available jobs; 71 amendment so there will be job train- training is only part of the problem. percent lack manufacturing workers; and 50 ing for those dislocated from their jobs. Access to employer-provided training percent lack enough workers to fill retail We don’t want to give up on workers. I is by no means equal across categories and wholesale jobs. It is imperative that we believe in free trade, but I know that of workers. Most businesses are un- make the critical investment in our nation’s millions of workers in America lose likely to provide any training opportu- current and future workforce by supporting their jobs each year because of tech- nities to clerical or production workers the President’s budget proposals and increasing year-round funding for youth. It is cru- nology and trade and change. We and when they do offer training it is in should be there with programs to help cial that sufficient resources are provided to the form of an orientation to their address the needs of our nation’s youth and them move to the next job so they do present job. There is no attention to the skills gap that seriously affects our na- not lose pace with the economy and the up-grading the skills of those workers. tion’s economy. quality of life they are used to. I want to mention, as we reach the The funding level for the Summer Jobs and This amendment gets to the heart of end of this presentation, the comments year-round youth programs currently pro- the values of the Members of the Sen- of Federal Reserve Chairman Alan posed in the FY 2001 appropriation bill is un- ate. Senator KENNEDY is right. I am Greenspan. He recently said: acceptable, especially as programs gear up under the recently enacted Workforce In- happy to cosponsor it. The mayor of [The] rapidity of innovation and unpredict- the city of Chicago said: The School vestment Act of 1998 (WIA). The funding ability of the directions it may take imply a level of the Youth Opportunity Grant Pro- Jobs Program keeps kids away from need for considerable investment in human gram for out-of-school youth is also short- gangs, guns, and drugs. He hit the nail capital. sighted, as there are massive unmet needs of on the head. If we put more and more Workers in almost every occupation unemployed, out-of-school youth in high kids into positive programs where they are being asked to strengthen their poverty areas.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12821 We applaud your leadership in addressing The PRESIDING OFFICER. The Sen- some cases billions, of dollars to the these issues and your efforts to restore this ator from Washington. bill. It is subject to a point of order critical funding. We should be investing in Mr. GORTON. Mr. President, we start under the Budget Act. At the appro- our current and our future workforce—the from the proposition that this bill, for health and vitality of our cities, and our na- priate time, that budget point of order tion, depend on it. various education and health care and will be presented. Sincerely, job training efforts, is dramatically Mr. KERRY. Mr. President, I would J. THOMAS COCHRAN, larger than the bill that was passed in like to take a few minutes to express Executive Director. this body last year, to everyone’s satis- my enthusiastic support for the amend- faction, increasing at a rate far more ment offered by my colleague and NATIONAL ASSOCIATION OF COUNTIES, rapid than the pace of inflation or pop- friend, Senator KENNEDY. Mr. Presi- June 28, 2000. ulation growth in the United States. dent, Labor Secretary Herman summed Subject: Sen. Kennedy’s amendment to the Obscured in the debate so far is the Labor/H appropriation to increase fund- up the challenge of today’s economy ing for skills training. fact that there is some $5.4 billion in when she declared at the National job training programs in this bill, at a DEAR SENATOR: The National Association Skills Summit in April that in this of Counties (NACo), the only organization time of record low unemployment. This country we have ‘‘a skills shortage, not representing America’s counties in Wash- represents an increase of more than $16 a labor shortage.’’ ington, DC, fully supports Senator EDWARD million over the bill that is currently Right now we have the lowest unem- M. KENNEDY’s amendment to increase appro- in effect for the present year. The ployment rate in this country in the priations for workforce investment activities greater increases in the bill, of course, last 30 years. But even as we celebrate by $792 million for fiscal year 2001. NACo were for education and for biomedical this remarkable feat—and it is remark- urges the Senate to adopt this amendment to H.R. 4577, the Labor, Health and Human research, both of which exceed the able—we must remember that there are Services and Education Appropriations bill. amounts requested by President Clin- still some 13 million people in this NACo has identified increased funding for ton. Even so, the bill provides funding country who want, but do not have, a workforce development programs as a crit- for two new programs requested by the full-time job. The Kennedy amendment ical funding priority for 2000. Therefore, we Clinton administration: Worker train- would make full-time employment a will be tracking your vote on this amending and responsible reintegration of real possibility for homeless veterans, ment and any related motion to waive the youthful offenders, each at $30 and $20 young people, and for youths seeking Budget Act. Your vote will be recorded on our web site (www.naco.org) and the informa- million respectively, a 22-percent in- summer employment. tion will be made available to county com- crease for dislocated workers in the I appreciate that the Labor-HHS sub- missioners in your state. course of the last 4 years, and a 25-per- committee’s allocations were inad- This amendment is of critical importance cent increase in the same period of equate to fund at sufficient levels all of to America’s counties. Current and proposed time for the Job Corps. the programs in this legislation and I funding levels for inadequate to ensure that The private sector, of course, now think they have done a good job with America’s counties can effectively imple- looking more than ever for qualified what they had to work with. But clear- ment the Workforce Investment Act. Sen. Kennedy’s amendment would address the employees, has dramatically increased ly Mr. President this bill retreats from substantial shortfall in funding currently its own hiring and training programs. our commitment to fund many critical proposed in the House and Senate by ad- Of course, in comparison with the education, training, and health pro- dressing funding for youth programs, incum- House bill, this rejects the $400 million grams. I am troubled that the bill be- bent and dislocated worker programs, and cut in the House bill in that field. fore us does not adequately fund job one-stop career centers. As for summer training, the argu- training programs for homeless vet- Sincerely, ment of the Senator from Illinois was a erans. Veterans issues are especially LARRY E. NAAKE, peculiar one. The current law for sum- Executive Director. important to me, and I know it is of mer jobs, a law passed last fall, of great importance to my fellow veterans CITY OF BOSTON, MA, course, well after last summer was here in the Senate. The Kennedy Boston, MA, June 27, 2000. over, has $1 billion in it for just exactly amendment would allow 1,400 more vet- Hon. EDWARD M. KENNEDY, that purpose: $1 billion for summer erans to receive employment place- U.S. Senate, jobs for youth. ment and economic security than does Washington, DC. We have another in a series of the bill put forth by the Republicans. DEAR SENATOR KENNEDY: I am writing to amendments that illustrates the propo- This appropriations bill severely express my outrage at efforts to cut funding for summer jobs programs and other youth sition that no matter how generous under-funds many important programs, and skills related programs. As you know, this body is, even I may say in many but none more critical than the youth Boston operates one of the nation’s largest cases no matter how generous the ad- job programs like Job Corps, Youth Op- summer jobs programs. While we are at ministration is, some Members will portunity Grants program, and the record low unemployment levels nationally, come to the floor and demand more, Summer Jobs program. youth unemployment rates in our cities are whatever its impact on the budget. Mr. President, Job Corps is the na- still unacceptably high. There is a crisis To quote the Chairman of the Fed- tion’s largest residential education and among our young people as evidenced by the violence and despair among youth in many eral Reserve Board implicitly as being training program for disadvantaged of our cities. The move to strip summer jobs in favor of programs such as this is to youth. This program takes head on the funding from the Emergency Supplemental fly in the face of logic. It is the clear issues and the people who have been comes at a time when we should be investing position, often quoted by Members on left behind in this period of economic in our young people, not cutting the future the other side, that the Chairman of expansion. While many Americans out from under them. the Federal Reserve Board believes enjoy unprecedented prosperity, the I applaud your efforts to restore critical that the single most important means nation’s unemployment rate among Af- funding to the Department of Labor for our youth and our nation’s workers. The Skills to the goal of a stronger economy we rican-American teenagers is 22%, al- Training Amendment you are offering to the can follow is not to increase Federal most double the national teenage un- Labor-Health and Human Services and Edu- spending and, in fact, to decrease it. He employment rate. Twenty-six percent cation Appropriations bill will do exactly has consistently, over the years, held of those who dropped out of high school what we need to be doing—providing suffi- to the position that for the economy as between October 1998–99 are unem- cient resources to address the needs of our a whole, for future job growth, the best ployed. We cannot relegate these peo- nation’s youth and the skills gap that seri- thing we can do is be modest in our ple to the margins of our society, espe- ously affects our nation’s economy. As always, thank you for your tremendous spending, not to increase it, I suspect, cially during this moment of great na- efforts on behalf of our youth. as much as it is increased in this bill. tional wealth. Sincerely, In any event, as has been the case There are 120 Job Corps centers in 46 THOMAS M. MENINO, with previous amendments of this na- states, including three in my state of Mayor of Boston. ture, it will simply add millions, in Massachusetts. Since 1964, Job Corps

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.000 S28JN0 12822 CONGRESSIONAL RECORD—SENATE June 28, 2000 has given 1.7 million young people in eliminated from this program. The The summer jobs program in Massachu- this country the academic and voca- Kennedy amendment would add back setts has been phenomenally successful, both tional training they need to get good, $254 million, allowing us the oppor- for our young people and the state as a entry-level jobs, join the military, or tunity to provide summer jobs to whole. The young people gain work experience (many for the first time), earn a pay- go to college. Job Corps offers GED or 152,400 low-income students, 85% of check (which many contribute to household high school equivalency programs and whom would not otherwise be able to expenses), and have the chance to gain aca- training in various occupations, as well find summer employment. demic skills (as summer is often a time when as advanced training and additional In March I received a letter signed by young people slide backwards academically). support services. Graduates of Job 22 mayors in the State of Massachu- The state has benefited because with the Corps go on to work in every field from setts, urging me to fight for Summer young people working, negative behaviors automotive mechanics and repair, to Jobs program funding. In this letter, that often result from idleness are pre- business, and to health occupations. the mayors write ‘‘The state has bene- vented. This year we face a double threat, as Gov- This amendment would allow Job fitted because with the young people ernor Cellucci has chosen not to fund the Corps to serve more than 70,000 addi- working, negative behaviors that often state summer jobs program in his budget. We tional students and reduce staff turn- result from idleness are prevented.’’ are working with the Legislature and others over by offering Job Corps employees a Mr. President, I ask unanimous con- to restore this funding to the state budget. more competitive salary. sent that this letter be printed in the We will certainly have a major problem if we This amendment would also greatly record following my statement. I know lose funding from both the federal and state increase funding for the Youth Oppor- these programs are important and are programs. tunity Grants. These grants serve some working. And I know they should re- At its winter meeting in January, the U.S. of the poorest inner-city areas and Na- Conference of Mayors passed a resolution to ceive greater funding. support: (1) an emergency appropriation to tive American reservations in the The PRESIDING OFFICER. Without address the shortfall of funds needed to serve country, where unemployment levels objection, it is so ordered. youth this summer; and (2) increased funding are well above the national average. (See Exhibit 1.) in the FY2001 budget to meet the projected Unfortunately, the Republican legisla- Mr. KERRY. Mr. President, I don’t doubling of program costs resulting from the tion would not allow the Department want to end today without pointing out new requirements of the Workforce Invest- of Labor to expand this program. Last the importance of this amendment to ment Act. A copy of the resolution is en- year, the Department of Labor was our national trade policy. I believe closed. able to fund only 36 of 150 grants under very strongly in free trade. I know that Please keep us updated on the efforts to in- the Trade and Development Act that clude funding for summer jobs in the emer- the Youth Opportunity Grant program, gency appropriation and increased funding in two of which are in Boston and Brock- we passed earlier this year and grant- the FY 2001 budget. Thank you for your con- ton, Massachusetts. This amendment ing PNTR to China—if we ever get the tinued support and assistance on this high would allow the Department of Labor chance to debate it in the Senate—will priority issue. to fund 15–20 new grants, allowing us to grow Massachusetts’s economy and Sincerely, provide job skills and real work experi- produce long-term benefits for workers Thomas Menino Mayor, Boston; Daniel ence to people who live in areas that in Massachusetts and across the coun- Kelly Mayor, Gardner; Mary Whitney have only heard rumors about our na- try. But the budget put forth by the Mayor, Fitchburg; Michael Tautznik Republicans takes no responsibility for Mayor, Easthampton; Robert Dever tion’s economic growth, but have not Mayor, Woburn; William Scanlon seen it for themselves. protecting those who are most at risk Mayor, Beverly; Mary Clare Higgins I would also like to voice my support for being left behind. This amendment Mayor, Northampton; Lisa Mead for increasing funding by $254 million does claim that responsibility. As we Mayor, Newburyport; John Yunits to restore cuts in the Summer Jobs continue with our push to open new Mayor, Brockton; Thomas Ambrosino program. In late March I met with 20 markets, we have got to ensure those Mayor, Revere; Ted Strojny Mayor, members of the Boston Mayor’s Youth who lack the skills, the income or the Taunton; David Madden Mayor, Wey- Council, who raised money to travel to education to get quality jobs can have mouth; Edward Lambert, Jr. Mayor, an opportunity to succeed in the new Fall River; Gerald Doyle Mayor, Pitts- Washington. We met right outside this field; Patrick Guerriero Mayor, Mel- chamber on the Senate steps. The 20 economy. I urge my colleagues to sup- rose; Peter Torigian, Mayor, Peabody; young people that I met with spoke export this amendment. James Rurak, Mayor, Haverhill; John tremely eloquently and passionately EXHIBIT I Barrett III Mayor, North Adams; Rich- about their experiences in summer jobs MASSACHUSETTS MUNICIPAL ard A. Cohen Mayor, Agawam; David programs, and they asked me to speak ASSOCIATION, Ragucci Mayor, Everett; Frederick on their behalf in Washington in sup- Boston, MA, March 22, 2000. Kalisz, Jr. Mayor, New Bedford; James port of the Summer Jobs program. Hon. EDWARD M. KENNEDY, A. Sheets Mayor, Quincy. Well, Mr. President, I intend to speak Russell Senate Office Building, Mr. BINGAMAN. Mr. President, I rise on their behalf. Approximately 85% of Washington, DC. to speak briefly about the amendment Hon. JOHN F. KERRY, my good friend from Massachusetts, youths in the summer jobs program Russell Senate Office Building, last year were between the ages of 14– Washington, DC. Senator KENNEDY, has offered to the 17. Teens in that age group typically do DEAR SENATORS KENNEDY AND KERRY: We Labor/HHS appropriations bill to re- not find private-sector work. But these are writing to urge you to advocate for sum- store critical funding to skills training young people were afforded the oppor- mer jobs funding in the Emergency Supple- programs at the Department of Labor. tunity to learn job skills and responsi- mental Appropriations bill currently before Mr. President, I appreciate the work bility. We have all heard teachers la- Congress. that Senators SPECTER and HARKIN As you are aware, the Workforce Develop- have put into this bill. Finding the ap- ment that students often greet lessons ment Act (WIA), which was signed into law with cries of ‘‘When are we ever going in August 1998, will become effectively July propriate balance in this bill is par- to have to use this again?’’ Summer 1st, 2000. While we certainly support the WIA ticularly difficult. And, while I am dis- jobs make education relevant to teen- goal of offering more comprehensive services appointed with the funding levels for agers, helping to reduce drop-out rates for youth on a year-round basis, we are con- many of the programs at the Depart- and fostering an interest in higher edu- cerned that the additional requirements of ment of Labor, I do understand that cation. WIA and the lack of an increase in funding Senator SPECTER and Senator HARKIN The Workforce Investment Act con- for year-round youth programs will result in care deeply about the programs af- solidates the Summer Jobs program the Commonwealth’s inability to provide the fected by this amendment. number of jobs that we need to serve our and year-round jobs program into a youth population this summer. Estimates There are several components of the comprehensive system of services for project that we may have to turn over half of amendment offered by Senator KEN- at-risk, low-income youth. But under the eligible youth away this summer barring NEDY but I would like to take a minute the bill before us, 13,000 teens will be an increase in summer jobs funding. to discuss one in particular that is of

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12823 critical importance to my state of New creased, this will be the first year since dwarfed in comparison by the amount Mexico. 1994 that there will be no increase in of money the Federal Government Mr. President, the amendment calls these funds, and our commitment to spends on dealing with the con- for an additional $181 million for dis- universal reemployment will be in seri- sequences of fatherlessness. located worker assistance This addi- ous jeopardy. Specifically, this bill There are several pieces to this puz- tional funding would meet the Presi- cuts over $181 million from the Presi- zle, one of which is employment serv- dent’s request for fiscal year 2001. dent’s request which will mean the De- ices. Too many fathers are unable to When Congress passed the Workforce partment of Labor will be able to serve provide financial support for their chil- Investment Act a couple years ago, an 100,825 fewer recipients. While the bulk dren. Although many of these fathers important component was the funding of this cut would fall on State/local for- have the desire to take responsibility stream for dislocated workers. While mula funding, it is important to note for their children, they do not have the much of the Nation has prospered over that 20 percent of the cut—over $36 means. In short, these fathers are not the past eight years, many in my home million, would be in the Secretary’s re- dead-beat, they are dead-broke. The state have not. I have seen plant clos- serve funds, reducing her capacity to ‘‘Fathers Work, Families Win’’ initia- ing from Roswell and Carlsbad in the make National Emergency Grants to tive gives us a way to work through east, to Las Cruces in the south, Albu- respond to disasters and large scale the current infrastructure to deliver querque in the north and Cobre in the layoffs. employment services to fathers and west. Thousands of high paying jobs Mr. President, as my colleagues noncustodial parents. Skill-building have been lost, and especially hard hit know, New Mexico has been through a and employment services will help to has been the extractive industries. I couple rough months. These funds for increase the employment rate among don’t need to tell my colleagues how dislocated workers are extremely im- noncustodial fathers and therefore, in- devastating a plant closing can be on a portant and I urge my colleagues to crease child support payments. community and families. support the Kennedy amendment to Our challenge is to give fathers the The Workforce Investment Act au- bring the level of funding for this, and tools necessary to be successful par- thorizes grants to States and local many other important programs, up to ents. While employment services for areas to provide core, intensive train- the level of the President’s request. noncustodial parents is an essential ing and supportive services to laid off Finally, Mr. President, I would also component to making fathers respon- workers with the aim being to help encourage my colleagues to support sible, it is not the only service that is them return to work as quickly as pos- this amendment because of the in- needed to ensure these fathers become sible at wages as close as possible to creased funding levels for Youth Oppor- good parents. Senator DOMENICI and I those received prior to the layoff. tunity Grants, the Summer Jobs Pro- have introduced a comprehensive pack- These funds are critically important as gram, and for Job Corps, among others. age designed to address the the nature of our economy has changed These programs, and the funding levels fatherlessness epidemic. S. 1364, the over the last decade from an industrial contained in this amendment are like- Responsible Fatherhood Act of 1999 base economy to a technologically wise critical to meeting the needs of would provide states with funds to pro- based one. Workers who are laid off young people in my state. mote the maintenance of married, two- today, particularly those who have Again, Mr. President, I hope my col- parent families, strengthen fragile been with the same company for a leagues will support this amendment families, and promote responsible fa- number of years, are often unprepared and commend my friend, Senator KEN- therhood. In addition to the program to reenter the work place or for the NEDY, for his leadership on issues that grants available to states, states would new economy they face. Training and are so important to families and work- receive funds for a media campaign. A retraining is critical to develop the ing men and women throughout this media campaign would be an effective skills they need to quickly find a de- country. way to communicate the message of fa- cent paying job and get back on their Mr. BAYH. Mr. President, I rise ther responsibility across ethnic, ra- feet. today in support of Senator KENNEDY’s cial, and income barriers. The bill also Under President Clinton, dislocated skills training amendment. This recognizes the need to remove federal worker funding has tripled from $517 amendment contains important meas- disincentives to pay child support. million in Program Year 1993 to $1.589 ures to provide individuals with the We face a great challenge, but we billion in Program Year 2000. Yet de- necessary skills to succeed in the must not let it overwhelm us. We must spite these increases, the need for these workforce. The amendment addresses instead begin to put the pieces of the services has unfortunately kept pace the need to provide employment skills puzzle together. I commend Senator with, and in some cases exceeded, the training to noncustodial parents, par- KENNEDY for including the ‘‘Fathers availability of funds. The President’s ticularly fathers. The ‘‘Fathers Work, Work, Families Win’’ initiative in his budget for year 2001 continues the com- Families Win’’ initiative begins to ad- amendment. It is my hope that the mitment to dislocated worker pro- dress a very troubling epidemic, Senate will enact this legislation and grams by providing adequate funding fatherlessness. continue to pursue other solutions to levels that will give dislocated workers The number of children living in the epidemic of fatherlessness. the tools to compete in the new econ- households without fathers has tripled Mr. REED. Mr. President, I’m here to omy. This is the second installment of over the last forty years, from just speak about the Kennedy Workforce In- a five-year Universal Reemployment over five million in 1960 to more than vestment amendment restoring cuts to Initiative. Under the Universal Reem- 17 million today. Although the work of the Department of Labor’s training ployment Initiative, dislocated worker single mothers is truly heroic, father funds. funding was to be increased each year absence has caused unnecessary bur- This amendment is just plain com- to ensure that by 2004 every dislocated dens on women and has forced millions mon sense. The single best thing we worker would receive training and re- of children to overcome difficult social can do for our society, and for every employment services if they want and hurdles. For example, children that working family, is to make sure that need it, every unemployment insurance live absent their biological fathers are every American who wants a decent claimant who loses their job through five times more likely to live in pov- paying job has the skills necessary to no fault of their own would get the re- erty. They are more likely to bring obtain a decent paying job. By helping employment services they want and weapons and drugs into the classroom, youths and adults get the job training need, and every American would have to commit a crime, to drop out of they need, we help turn them into tax- access to One-Stop Career Centers. school, to be abused, to commit sui- paying citizens who can purchase goods However, and unfortunately in my cide, to abuse alcohol or drugs, and to and services, buy homes and afford opinion, unless the level of funding in become pregnant as teenagers. The $255 health care, and contribute to our the Senate’s Labor/HHS bill is not in- million requested for this initiative is growing economy.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 12824 CONGRESSIONAL RECORD—SENATE June 28, 2000 This amendment, in a multitude of Strengthening our workforce AMENDMENT NO. 3680 ways, tries to address the most basic strengthens our families, and ulti- (Purpose: To provide for a certification pro- challenge facing our country: How do mately makes our entire country gram to improve the effectiveness and re- we help American workers develop the stronger. Adopting this skills training sponsiveness of suicide hotlines and crisis skills they need to excel in an increas- amendment is good for both American centers) ingly complex and constantly evolving business and American workers, and Mr. REID. Mr. President, I send an economy? every member of this Chamber should amendment to the desk and ask for its First, our amendment helps by fully be in support of it. immediate consideration. funding the Dislocated Worker Assist- The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The clerk will report. ance Program. It restores $181 million CRAPO). Who yields time? The legislative clerk read as follows: in funding to a program that has made The Senator from Massachusetts has The Senator from Nevada [Mr. REID], for a substantial difference in the lives of 1 minute remaining. The Senator from Rhode Island workers. We, like many himself and Mr. WELLSTONE, proposes an Washington has 26 minutes remaining. amendment numbered 3680. formerly industrial states, have suf- The Senator from Washington. fered great worker dislocation as in- Mr. REID. Mr. President, I ask unan- dustries have left, often to go some- The Chair notes there is time still imous consent that reading of the where overseas where labor was cheap- pending on the amendment. amendment be dispensed with. er. Restoring this funding to the Presi- Mr. KENNEDY. I yield back the re- The PRESIDING OFFICER. Without dent’s request would allow 100,000 more mainder of my time. objection, it is so ordered. workers, dislocated through no fault of Mr. GORTON. I yield back the re- The amendment is as follows: their own, access to training, job mainder of my time. On page 34, line 17, insert before the period search and re-employment services. I raise a point of order under section the following: ‘‘: Provided further, That with- Our amendment also grants the Ad- 302(f) of the Budget Act, as amended, in the amounts provided herein, $3,000,000 ministration’s request for $44 million that the effect of adopting the amend- shall be available for the Center for Mental Health Services to support through grants a to improve access to One-Stop services ment provides budget authority in ex- certification program to improve and evalu- for million of Americans and make the cess of the subcommittee’s 302(b) allo- ate the effectiveness and responsiveness of job search process less overwhelming cation under the fiscal year 2001 Con- suicide hotlines and crisis centers in the and more efficient. The Director of the current Resolution on the Budget and, United States and to help support and evalu- Rhode Island Department of Labor and therefore, is not in order. ate a national hotline and crisis center net- Training informed me that the current Mr. KENNEDY. Pursuant to section work’’. cuts to this program will ‘‘seriously 904 of the Congressional Budget Act of Mr. REID. Mr. President, it is my un- impact’’ the ability of our state to pro- 1974, I move to waive the applicable derstanding there are 30 minutes that vide the services and information now sections of the Budget Act for consider- have been designated for the amend- required by the Workforce Investment ation of the pending amendment, and I ment being offered. Act for use by job seekers and employ- ask for the yeas and nays. The PRESIDING OFFICER. No for- ers. The PRESIDING OFFICER. Is there a mal time agreement has been entered In addition to fully funding adult sufficient second? regarding this amendment. worker skills programs, our amend- There is a sufficient second. Mr. REID. If the Chair would be kind ment would add $254 million to restore enough to advise me when I have used The yeas and nays were ordered. cuts in the Summer Jobs Program re- 15 minutes, I won’t ask for a unani- sulting from implementation of the Mr. GORTON. Mr. President, I ask mous consent agreement, but there was Workforce Investment Act. Many unanimous consent that for the time an agreement that there would be ap- states, like my own, were unprepared being we lay aside the current amend- proximately a half hour on this. for this dramatic change in the federal ment. This amendment would provide $3 funding stream. Thousands of kids in The PRESIDING OFFICER. Without million to certified crisis centers. This Rhode Island, especially 14- and 15- objection, it is so ordered. deals with the plague of suicide that is year-olds, are now going without sum- Mr. GORTON. Mr. President, I ask sweeping this country. Every year in mer jobs. Many of these kids are from unanimous consent that following the America, 31,000 people kill themselves. small towns, others are from inner city conclusion of the debate on the This is probably far fewer than the ac- Providence—both are limited by their Wellstone amendment on the subject of tual number. It is something that is age and the lack of job opportunities in suicide, the Senate proceed to vote in very devastating to those who are sur- their respective communities. relation to the previously debated vivors. But there is also a situation in Giving young people job experience amendments, with 2 minutes prior to this country that creates a tremendous benefits the entire country. The devel- each vote for explanation. Those votes loss of economic benefits for everyone opment of good work habits and a re- are as follows: concerned. spect for the virtues of labor alone are Dodd amendment No. 3672 on commu- I offered this amendment on behalf of strong payoffs. Everyone in this Con- nity learning centers; Senator WELLSTONE because I was gress should be supporting a restora- Kerry of Massachusetts amendment asked to by his staff. Since Senator tion of these cuts. No. 3659 on technology literacy; WELLSTONE is the prime sponsor of this Finally, our amendment would re- Reed of Rhode Island amendment No. amendment and is now on the floor, I store $29 million to the Job Corps pro- 3638 on the GEAR UP program; and would like for him to proceed. I will be gram, one of the most effective pro- Kennedy amendment No. 3678 on work- happy to proceed when the Senator has grams in the country for kids between force investment. completed his remarks. The amend- the ages of 16 and 24. A recent The PRESIDING OFFICER. Without ment has been offered. Mathematica Policy Research Inc. Mr. SPECTER. Mr. President, par- objection, it is so ordered. study shows that 16- to 17-year-old liamentary inquiry: Is there any pend- youths who go through the Job Corps Mr. GORTON. Those votes, Mr. Presi- ing business at the moment? program are 80 percent more likely to dent, will start at about 3:30 p.m., for The PRESIDING OFFICER. The earn a high school diploma or GED the information of my colleagues. pending business before the Senate is than a control group excluded from the Mr. REID. I suggest the absence of a amendment No. 3680. program. This group also earned sala- quorum. Mr. SPECTER. Is that the amend- ries that were 20 percent higher and The PRESIDING OFFICER. The ment by the Senator from Minnesota? had arrest rates that were 14 percent clerk will call the roll. The PRESIDING OFFICER. It is. lower. This program works, and we The assistant legislative clerk pro- Mr. SPECTER. Mr. President, I be- should be fully funding it. ceeded to call the roll. lieve we were scheduled to vote at 3:30

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12825 on four amendments. So I inquire of are disturbing. I point out to my col- QPR Institute (Question/Persuade/Refer). my colleague from Minnesota how long leagues that one of the factors that National Organization of People of Color he will be on this matter. makes it so disturbing is that so much Against Suicide (NOPCAS). Mr. WELLSTONE. Mr. President, I National Institute for Gay, Lesbian, Bisex- of suicide is connected to mental ill- ual, Transgender (NIGLBT). will be quite brief. I apologize. I didn’t ness, especially depression or substance With One Voice. realize the amendment was coming up abuse, and so much of it is diagnosable. Contact USA. now. Senator REID and I were doing Frankly, it is treatable. Crisis Support Services of Alameda Coun- this together. Probably 10 minutes is Really, there should be a hue and cry ty. what I will need. My understanding is in the country for corrective action. I Contra Costa Crisis Center. that the Senator from Pennsylvania, do a lot of work with Senator DOMEN- Didi Hirsch Community Mental Health Center. ICI, and I get to do this work with Sen- who has been focused on suicide pre- San Mateo Crisis Intervention and Suicide vention and trying to do better with ator REID and Senator KENNEDY as Prevention Center. mental health treatment, would accept well. There are a whole host of issues Pueblo Suicide Prevention Center. the amendment. I think I can do this in that deal with our failure to provide Alachua County Crisis Center. 10 minutes. decent mental health coverage for peo- CrisisLine of Lantana. Mr. REID. Mr. President, I was going ple. Switchboard of Miami. to take 15 minutes, but 10 minutes I thank Surgeon General David Cedar Rapids Foundation 2. Satcher for doing marvelous work. The Prince George’s County Hotline and Sui- would be fine. cide Prevention Center. Mr. SPECTER. Mr. President, I ask Surgeon General’s report, which came St. Louis Life Crisis Services. unanimous consent that we proceed to out recently, talks about 500,000 people Crisis Call Center, Reno, Nevada. the Wellstone amendment on a 10- every year in our country requiring Covenant House. minute time agreement. emergency room treatment as a result Fargo HotLine. The PRESIDING OFFICER. The of attempted suicide. In 1996, nearly HelpLine of Delaware County. Chair advises Senators that there is no 31,000 Americans took their own lives. HelpLine of Morrow County. CONTACT of Pittsburgh. time agreement, unless we get this I think of Al and Mary Kluesner in the State of Minnesota who started Sioux Falls, Volunteer Information Center unanimous consent agreement. HelpLine. Mr. SPECTER. Mr. President, I ask this organization called SAVE. They Nashville Crisis Intervention Center. unanimous consent that the time on themselves have lost two children to Houston Crisis Center. the Wellstone amendment be divided suicide. Several of their other children Crisis Link of Northern Virginia. with 7 minutes for Senator WELLSTONE have been unbelievably successful in Friends of Mental Health of Loudon Coun- and 3 minutes for this Senator. their lives. There has been, up until ty. Mr. REID. I haven’t spoken yet. I fairly recently, this shame and people Mr. WELLSTONE. Mr. President, have only spoken for 1 minute. feeling as if it is their own moral fail- what this amendment does is add $3 Mr. WELLSTONE. I object. I say to ure. But it has so little to do with that. million to SAMHSA to support, my colleague from Pennsylvania, I I met a couple weeks ago with Dr. through grants, a certification pro- haven’t been out here on the amend- David Shaffer from Columbia Univer- gram that would evaluate the effec- ment. He knows that, and I don’t want sity and Kay Jamison from Johns Hop- tiveness and responsiveness of crisis the Senator from Nevada to only have kins University. She has done some of centers and suicide hotlines across the a few moments. It is an important the most powerful writing. It was Dr. United States. issue. I don’t think we can do it in that Jamison who said before Senator SPEC- It also helps to support a national time. TER’s committee, ‘‘The gap between hot line and crisis center network. Mr. SPECTER. I withdraw my re- what we know and what we do is le- There are 750 such crisis services in quest and suggest that we proceed. thal.’’ place across the country today. These The PRESIDING OFFICER. The Sen- We know so much about the ways in centers are documented in the direc- ator from Minnesota is recognized. which we can treat this illness and we tory kept by the American Association Mr. WELLSTONE. Mr. President, we can prevent people from taking their of Suicidology. will move forward and not go through lives, but we have not done nearly as To date, there has been little or no any unnecessary delay. This amend- much. We have many different organi- funding to help support the training ment would support a certification pro- zations that support this amendment. I and to improve the quality of guidance gram to improve and evaluate the ef- ask unanimous consent that this list through these hot line and crisis serv- fectiveness and responsiveness of sui- be printed in the RECORD. ices. This amendment does exactly cide hotlines and crisis centers in the There being no objection, the mate- that. These funds will be used to im- U.S. and to help support and evaluate a rial was ordered to be printed in the prove the training and the skills of the national hotline and crisis center net- RECORD, as follows: staff at the crisis hot lines for suicides. work. ORGANIZATIONS SUPPORTING THE WELLSTONE- There will be a variety of ways in Let me go through these figures here REID-KENNEDY SUICIDE PREVENTION AMEND- which we can get the money to people on the chart. MENT TO THE LHHS APPROPRIATIONS BILL, so this work can be done. JUNE 28, 2000 Suicide facts for our country: In awarding these grants, I encourage Every 42 seconds someone attempts 38 ORGANIZATIONS the Secretary of Health and Human suicide. American Association of Suicidology Services to collect an experienced non- (AAS). Each 16.9 minutes someone completes American Foundation for Suicide Preven- profit organization with significant ex- suicide. tion (AFSP). pertise to administer this program. Suicide is the eighth leading cause of Suicide Prevention and Advocacy Network According to U.S. Surgeon General all deaths. (SPAN). David Satcher, approximately 500,000 Death rates from suicide are highest Suicide Awareness/Voices of Education people each year require emergency for those over age 75. (SA/VE). room treatment as a result of at- National Mental Health Association The incidence of suicide among 15- to (NMHA). tempted suicide. In 1996 alone, nearly 24-year-olds has tripled over the past 40 National Alliance for the Mentally Ill 31,000 Americans took their own lives. years, making it the third leading kill- (NAMI). In the U.S., suicide is the third leading er in that age group of 15- to 24-year- Bazelon Center for Mental Health Law. cause of death of people age 15–34. A olds. American Psychiatric Association. suicide takes place in our country American Psychological Association. In the State of Minnesota, it is the National Mental Health Awareness Cam- every 17 minutes. second leading killer of young people paign. In some parts of our country, includ- from age 15 to 24. These statistics that Light for Life Foundation (Yellow Ribbon ing my own state of Minnesota, suicide deal with mental illness and suicides Campaign). is the second leading cause of death for

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 12826 CONGRESSIONAL RECORD—SENATE June 28, 2000 these young people. Three times the sion. The National Institute of Mental In the awarding of grants, I would en- number of Minnesotans die from sui- Health, an NIH research institute, courage the Secretary of HHS to select cide than from homicide. within the U.S. Department of Health an experienced non-profit organization We know, without a doubt, that 90 and Human Services, describes serious with significant expertise in this area percent of all completed suicides are depression as a critical public health to administer the certification process, linked to untreated or inadequately problem. More than 18 million people so that this process of training can treated mental illness or addiction. To in the United States will suffer from a begin as quickly as possible. prevent suicide requires an all-out pub- depressive illness this year, and many Telephone hotlines are only one of lic health effort that will recognize will be unnecessarily incapacitated for the points of intervention, and are not this problem, and will educate our weeks or months, because their illness and cannot be the only solution to country that we can no longer afford to goes untreated. Many will die. those who suffer from severe mental turn our eyes away from the unthink- I recently had the good fortune to illness and the extraordinary despair able reality that our citizens, even our meet with a group of some of the fore- that leads to suicide. Our country also children, may want to die. most experts on suicide prevention, in- needs to ensure that Americans have Dr. Satcher and other national men- cluding Dr. David Shaffer, from Colum- fair access to medical care, that the tal health experts, such as Dr. Steve bia University, and Dr. Kay Jamison, stigma associated with mental illness Hyman, Director of the National Insti- from John Hopkins University. They is reduced, and more education and tute of Mental Health, have helped gave me an extraordinary overview of training for health care providers is bring this issue forward, and to help us the many critical points of interven- made available. But the hotline does tion where suicide may be prevented, understand that, with proper treat- provide a lifeline for those who need to and it is my intention to develop a ment, this is one of the most prevent- reach out for help and have nowhere larger bill, in collaboration with Sen- able tragedies that we face as a coun- else to turn too when they reach the ator HARRY REID, and hopefully many try. point of despair. In 1996, the World Health Organiza- of my colleagues, that will address The crisis centers that run suicide tion also issued a report urging mem- many of these issues. hotlines are often patched together bers worldwide to address the problem But this amendment will meet an im- through a variety of funding sources, of suicide, and one result was the cre- portant need right now, one that is and struggle to keep their staff trained ation of a public/private partnership to timely, and even with its modest fund- and their services of the highest qual- seek a national strategy for the U.S., ing can help save many lives. This ity. Although some centers are cer- involving many government agencies amendment has the support of Sen- tified by the American Association of and advocacy groups. This is clearly a ators REID and KENNEDY, as well as the Suicidology, and some are connected serious problem throughout the world. support of the national groups: through the Hope Line Network that is For too long, mental illness has been American Association of Suicidology, working to establish a national net- stigmatized, or viewed as a character American Foundation for Suicide work, this process has only just begun. flaw, rather than as the serious disease Prevention, SPAN (Suicide Prevention and Advo- These centers perform a critically im- that it is. A cloak of secrecy has sur- cacy Network), portant service and would benefit enor- rounded this disease, and people with National Mental Health Association, mously from a national certification mental illness are often ashamed and National Alliance for the Mentally process and regular staff training. The afraid to seek treatment, for fear that Ill, time is right to fund such a process. they will be seen as admitting a weak- American Psychiatric Association, ness in character. For this reason, they American Psychological Association, Staff at crisis centers need to be may delay treatment until their situa- Bazelon Center for Mental Health trained to conduct a suicide risk as- tion becomes so severe that they may Law, and SA/VE, a group based in Min- sessment to determine the seriousness feel incapable of reaching out. nesota (Suicide Awareness/Voices of and urgency of someone who may be Although mental health research has Education), headed by Al and Mary contemplating suicide. They also need well-established the biological, genetic, Kluesner. to know when to refer the individual to and behavioral components of many of My amendment will add $3 million to a local community mental health pro- the forms of serious mental illness, the SAMHSA to support through grants a vider if the person is not in crisis. But illness is still stigmatized as somehow certification program to improve and most importantly, they need to know less important or serious other than evaluate the effectiveness and respon- when to send the police to the person’s illnesses. Too often, we try to push the siveness of crisis centers and suicide home or workplace if the staff person is problem away, deny coverage, or blame hotlines across the United States, and convinced that a suicide is about to those with the illness for having the to help support a national hotline and take place. illness. We forget that someone with crisis center network. Although there Most people think that there is a na- mental illness can look just like the are 750 such crisis services in place tional suicide hotline already in place person we see in the mirror, or the per- across our country—these centers are that links people throughout the coun- son who is sitting next to us on a documented in the directory kept by try. But until recently, this was not so. plane. It can be our mother, our broth- the American Association of Crisis centers operated on their own, er, our son, or daughter. It can be one Suicidology—to date there has been lit- with volunteer help, and few resources. of us. We have all known someone with tle or no funding to help support the Recently, a national hotline number a serious mental illness, within our training and improve the quality of the (1–800–SUICIDE) was established families or our circle of friends, or in guidance that is provided through through the Hope Line Network, public life. Many people have coura- these hotline and crisis services. through the National Mental Health geously come forward to speak about This amendment will do exactly that. Awareness Campaign. As an example of their personal experiences with their These funds will be used to help im- the incredible need for such a number, illness, to help us all understand better prove the training and skills of the the national hotline found itself flood- the effects of this illness on a person’s staff at crisis hotline suicides, through ed with calls after recently advertising life, and I commend them for their guidance provided by the American So- on MTV and Fox Family Channel. Ad- courage. ciety of Suicidology, the Center for ditionally, 1.5 million Americans The statistics concerning mental ill- Mental Health Services, the National logged onto their website during the 2 ness, and the state of health care cov- Institute Mental Health, and other weeks after this advertising began. erage for adults and children with this mental health professionals. It will There are obviously many people who disease are startling, and disturbing. also help support the development of a are in need of this service. And it needs One severe mental illness affecting national hotline and network of cer- to be the best possible service, and millions of Americans is major depres- tified crisis centers. linked as best it can be to local help.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12827 By improving the training and skills pharmacological treatment, or you ing a crisis will receive an effective re- of crisis hotline operators, such con- name it. sponse from appropriately trained and tact can be of the highest quality. Cer- The amendment I introduced with certified personnel. tification would require rigorous on Senator REID is very basic. It is very In Massachusetts, the state’s 1999 site training and visits, evaluation of straightforward. Youth Risk Behavior Survey found operations, records reviews, It basically provides the grants that one of every five adolescents had verification of staff training and skills, through a certification program to im- seriously considered suicide in the pre- and the like. prove the effectiveness of these suicide vious year, and one in twelve—more The Surgeon General is to be com- hot lines and crisis centers in the than 20,000 teenagers—made an actual mended for bringing this issue of sui- United States. It will help them sup- attempt. But this serious problem is cide forward as a major public health port and evaluate a national hot line not limited to young Americans. It af- crisis in his 1999 report, Call to Action and crisis center network. fects all age groups. In fact, suicide to Prevent Suicide. In his report, he I say to my colleague from Nevada rates increase with age, and are high- specifically cited the need for insti- that this is really incremental. It is est among men aged 75 years and older. tuting training programs concerning not the be all or the end all. But the Suicide also affects all racial and suicide risk assessment and recogni- additional resources will really help ethnic groups. Between 1980 and 1996, tion, treatment, management, and SAMHSA. It will help us make sure the rate of suicide among African- aftercare intervention. He also asked these crisis hot lines are put to the American male teenagers more than that community care resources be en- very best use; that the people who are doubled. Native American communities hanced as referral points for mental working there have the best training; have long experienced high suicide health services. This amendment helps that people who will be working these rates. to support both of these requests. lines will do their very best in taking Suicide and suicide attempts affect I must emphasize that suicide is calls and know how to help people. both genders. Although males are four often linked to severe depression and This is important. It is a network of times more likely to die of suicide, fe- other forms of mental illness. These support for people. It is one step and males are more likely to attempt sui- illnesses are not the normal ups and only one step. cide. Each year in the United States, downs everyone experiences. They are But I will finish my remarks and half a million people require emer- illnesses that affect mood, body, behav- then hear from my colleague from Ne- gency room treatment for a suicide at- ior, and mind. Depressive disorders vada who really is taking the lead on tempt. interfere with individual and family this amendment. But suicide and suicide attempts can functioning. Without treatment, the Again, every 42 seconds someone in be prevented. Ninety percent of people person with a depressive disorder is our country attempts suicide. Every who complete suicide have depression often unable to fulfill the responsibil- 16.9 minutes someone completes sui- or another mental or substance abuse ities of spouse or parent, worker or em- cide. Suicide is the eighth leading disorder. These disorders respond to ef- ployer, friend or neighbor. And far too cause of all deaths. fective treatment. often, without treatment, a person can This one really gets to me. I admit The amendment we offer today will reach such a level of despair that they that until I saw this—I believe I do a ensure that when a person is in crisis will take their own life. This amend- lot of work in the mental health area— anywhere in our nation, there is a net- ment will fund programs to help people I didn’t realize the suicide rates are work of hotlines and crisis centers to get the treatment they need before it is highest for those over age 75. I didn’t call for help, and that a trained and too late. As Dr. Kay Redfield Jamison realize that. My focus has really been certified staff member will be available stated in a recent Senate hearing on on young people because in my State of to intervene effectively. Every 17 min- suicide, when it comes to treatment for Minnesota, for the age of 15 to 24, sui- utes another American completes sui- mental illness, ‘‘the gap between what cide is the second leading cause of cide. We can do much more to prevent we know and what we do is lethal.’’ death. this national tragedy. Our proposal is a The issue of suicide prevention is one We need to do better. In this piece of small, but significant, step toward pre- that we have discussed before, at a legislation, we take this funding from venting the unnecessary loss of Amer- hearing held by Senator SPECTER, and administrative services and put it into ican lives, and I urge the Senate to during other discussions about mental this program. I think it will make a support it. health research and treatment. I am very positive difference. The PRESIDING OFFICER. The Sen- proud of my colleagues who have sup- I am delighted that my colleagues on ator from Nevada. ported these efforts, including the co- the other side of the aisle are going to Mr. REID. Mr. President, my friend sponsors of this amendment, Senator support this amendment. from Minnesota has been a great part- REID and Senator KENNEDY. I am proud Mr. KENNEDY. Mr. President, I ner on this issue. He has been very un- to join them in bringing this amend- strongly support this amendment, derstanding. He is a very caring person, ment forward, and I ask you for your which is a long overdue attempt to deal as indicated by the work he has done. support. more effectively with suicide, a serious He has outlined very generally and in There is a piece of legislation I have public health threat in the United many cases specifically the problems with Senator DOMENICI called the Men- States. we have in America today relating to tal Health Equitable Treatment Act. In 1998, suicide was the cause of more suicide. We believe, especially when it comes to than 29,000 deaths—nearly 60 percent There is no question about it. Sui- physician visits and days in hospitals, higher than the number of homicides in cides occur more often in this country that people with a mental illness that year. The nation’s Surgeon Gen- than can be calculated. As I have indi- should be treated the same way as peo- eral, Dr. David Satcher, issued a Call cated, the statistics that the Senator ple with a physical illness. We think it to Action to Prevent Suicide in 1999, in from Minnesota gave us are reported is time to end this discrimination. which he recommended a national suicides. There are many deaths that I have two other amendments that strategy to reduce the high toll that appear to be accidents that are sui- are included in other legislation which suicide takes. Our amendment will pro- cides, and they cannot be calculated. deal with the problem of suicide and vide grants through the Center for The State of Nevada leads the Nation mental health—especially with young Mental Health Services to help support in suicide. It doesn’t matter what age people—and ways of getting money to a national network of suicide hotlines group it is. It doesn’t matter whether communities that can then put the and crisis centers, and to provide a cer- they are teenagers or senior citizens. money to use, whether it be substance tification program for the staff mem- The State of Nevada has the dubious abuse treatment programs, whether it bers of the network. This program will distinction of leading the Nation in be family counseling, or whether it be ensure that people who seek help dur- suicide. That is too bad.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 12828 CONGRESSIONAL RECORD—SENATE June 28, 2000 This amendment is a step in the di- cause she is a very sharp girl and it was a REVENUE RECOVERY CONSULTANTS, INC., rection of helping people not only in true suicide attempt prevented only by the Fairfax, VA, October 8, 1998. Nevada but all over the country. The fact that she wanted to talk to one human Ms. ARLENE KROHMAL, amendment offered by the Senator being—you—before killing herself. Because Northern Virginia Hotline, you took her seriously, because you cared, Arlington, VA. from Minnesota and the Senator from because you knew what to say and do, she is DEAR ARLENE: I just wanted to take a mo- Nevada will set up a number of crisis alive today and wants to continue to live. ment to thank you and to compliment the centers. Today, we have about 78 crisis We also have a letter addressed to Hotline for the assistance your staff provided centers that are certified. This would Arlene, someone who works at one of to one of my employees recently. A member of my staff had come to me with allow hundreds more to be certified. these hot line centers. What does this mean? It means that some family problems, both financial and Among other things, this woman emotional, which were causing that person when you call 1–800–SUICIDE, which says: was activated a little more than a year to be very despondent. This attitude was af- A member of my staff had come to me with fecting the individual’s work and life. An ap- ago—people who are depressed or suici- some family problems, both financial and pointment with a counselor had been set, but dal or those concerned about someone emotional, which were causing that person it was ten days away and it seemed as if help else who is depressed or suicidal—you to be very despondent . . . was needed immediately. This person told are automatically connected to some- Fortunately, I was able to refer my em- me that, if not for worry about two children, one who is at one of these centers and ployee to the Hotline. I don’t know the de- life wouldn’t be worth living. who is trained. These calls are routed tails of the conversations but I can see the Fortunately, I was able to refer my em- to the crisis center nearest to the per- results. Having someone available to talk to, ployee to the Hotline. I don’t know the de- combined with the follow-up counseling, has son where the call is placed. tails of the conversations but I can see the helped this person to find a solution to prob- results. Having someone available to talk to, The crisis center calls are answered lems which had seemed overwhelming. I now combined with the follow-up counseling, has by certified counselors 24 hours a day, have a valuable, productive employee and helped this person to find a solution to prob- 7 days a week—on Thanksgiving and on the individual now feels in control of life and lems which had seemed overwhelming. I now Christmas; it is sad to say but Christ- circumstances. have a valuable, productive employee and mas is one of the biggest suicide days Finally, I have a letter from the the individual now feels in control of life and in this country. Fairfax County Police Department. circumstances. Thank you for providing a valuable service In the event the nearest crisis center This is from Capt. Art Rudat. He is a is at a maximum volume, the call is to the community. commander in the McLean substation. Sincerely, routed to the next nearest center. He is writing a letter to say having FRAN FISHER, There is never a busy signal, or a voice this hotline helps the police depart- President. mail. People in crisis usually reach a ment, freeing them to do other things. trained counselor within two or three He says: CATHOLIC NEWMAN ASSOCIATION, RE- rings, or about 20 to 30 seconds from Upon our arrival, we found the subject in LIGION CENTER, UNIVERSITY OF the moment they dial 1–800–SUICIDE. his room and he was extremely upset and HOUSTON, What does this suicide crisis line agitated. He was holding a 4″ knife to his Houston, TX. mean? jugular vein, threatening to kill himself. PEACE! I am writing this letter simply out of my Let me read excerpts from a few let- This threat was not taken lightly because he had already cut his left wrist and was bleed- own need to express gratitude, plus the fact ters. that I am aware you likely don’t get much This one is written to the Northern ing. The atmosphere at the time was tense, not knowing if anything that the officers positive feedback for what you are doing. It Virginia hot line. It says, among other would say would further upset the subject. is addressed primarily to one of your people things: There was a moment, when the subject stood named ‘‘Karen’’ whom I have been unable to I would like to name NVHL (Northern Vir- up screaming and pressing the knife into his contact personally, but really to all of you ginia Hotline) as one of my beneficiaries on throat almost cutting his jugular vein, that because it could have been any one who hap- my life insurance policy... it was thought the incident would have a pened to answer the phone that day. The reason for this act of kindness is to tragic ending. * * * I simply want to say that because of you, give back to your organization what your or- Even this was occurring, the subject was Karen, a girl named lll is alive today and ganization has given to me. You see, over the on the phone, still deep in conversation with has, for perhaps the first time in her life, a past twenty years I have used your listeners Miss Dicke. He would go from being out of real hope and desire to live. She called you a during moments of crises in my life. When I control to a very peaceful state. Slowly few weeks ago, with a razor blade in her had no one to turn to, I could turn to your though, he became less upset and eventually hand, and she had already begun to cut her listeners for insight and support... sat down and began listening to Miss Dicke wrist. You talked to her for almost an hour, I want to give back to the organization reason with him and win him over. Of course, though she tried to hang up a number of that has been responsible for helping me the officers didn’t know what Miss Dicke was times. You were able to get information through many tough late nights over the saying, but it was enough for him to eventu- about the fact that she had recently talked past twenty years. ally give up his knife and go to the hospital to me, as well as where she lived. You were We have a letter from the Catholic with rescue to receive much needed assist- able to keep her on the line while you had Newman Association in Houston, TX. ance. someone contact me and I got to her apart- It is my understanding that of the nearly ment in time to keep her from completing It is a three-paragraph letter. I will the suicide attempt. She has been hospital- read only one paragraph. 18,000 calls that are received at the hotline center per year, approximately 600 are sui- ized and has undergone intensive therapy I simply want to say that because of you, cide calls and only 5 involve weapons. We at and is soon to be released, with real hope Karen, a girl named lll is alive today and Fairfax County Police Department were that there are good reasons to stay alive. has, for perhaps the first time in her life, a quite fortunate to have had both Miss Dicke You must have been very skillful, Karen be- real hope and desire to live. She called you a and Miss Ross working that night. Without cause she is a very sharp girl and it was a few weeks ago, with a razor blade in her their teamwork, tenaciousness and training, true suicide attempt prevented only by the hand, and she had already begun to cut her this incident could have had a tragic end- fact that she wanted to talk to one human wrist. You talked to her for almost an hour, ing. * * * being—you—before killing herself. Because though she tried to hang up a number of Although hotlines do not historically re- you took her seriously, because you cared, times. You were able to get information ceive the fanfare and headlines that other because you knew what to say and do, she is about the fact that she had recently talked public service groups do, we at the Police De- alive today and wants to continue to live. to me, as well as where she lived. You were partment realize what a tremendous re- I am writing this, as I say, simply because able to keep her on the line while you had source you are to us and the outstanding I want to let you know—and all of you who someone contact me and I got to her apart- service which you provide to the community. work at Crisis Hotline—that what you are ment in time to keep her from completing I ask unanimous consent these let- doing is beautiful as beautiful as life com- the suicide attempt. She has been hospital- pared to death, as beautiful as hope com- ized and has undergone intensive therapy ters be printed in the RECORD. pared to depression, as beautiful as loved and is soon to be released, with real hope There being no objection, the letters compared to apathy. I realize, because of my that there are good reasons to stay alive. were ordered to be printed in the own life-work in this way that you often You must have been very skillful, Karen be- RECORD, as follows: don’t know the effects of your listening,

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12829 your caring, your loving, that you very like- subject. There was a moment, when the sub- from taking their own life, and we will ly wonder sometimes if it’s worth the time ject stood up screaming and pressing the be rewarded for having paid attention and effort. All I can say is: ‘‘Hey, today I saw knife into his throat almost cutting his jug- to this issue. the sun shine in a girl’s eyes!’’ It’s worth it!!! ular vein, that it was thought the incident Mr. REID. The Senator from South Thank you, Karen, I love you, would have a tragic ending. Dakota knows I had the misfortune of Rev. JIM BARNETT. Even this was occurring, the subject was on the phone, still deep in conversation with my father committing suicide. As the ASHBURN, VA, June 14, 1999. Miss Dicke. He would go from being out of Senator from North Dakota, I saw my ARLENE KROHMAL, control to a very peaceful state. Slowly father lying there after having shot Director, Northern Virginia Hotline, though, he became less upset and eventually himself. This is something that never Arlington, VA. sat down and began listening to Miss Dicke leaves you. DEAR ARLENE, I have a request. Please send reason with him and win him over. Of course, People think suicide always happens to me information about your organization, the officers didn’t know what Miss Dicke was to someone else, but it doesn’t. I say to for you see, I would like to name NVHL saying, but it was enough for him to eventu- my friend from North Dakota, we could (Northern Virginia Hotline) as one of my ally give up his knife and go to the hospital go around this room and we would be with rescue to receive much needed assist- beneficiaries on my life insurance policy. I surprised; almost everyone in this Sen- need to know exactly how to word NVHL as ance. a beneficiary so that there would be no loop It is my understanding that of the nearly ate Chamber has had a relative, a holes for anyone to contest. 18,000 calls that are received at the hotline neighbor, or a friend who committed The reason for this act of kindness is to center per year, approximately 600 are sui- suicide. It is remarkable and sad. give back to your organization what your or- cide calls and only 5 involve weapons. We at I appreciate the Senator from North ganization has given to me. You see, over the Fairfax County Police Department were Dakota sharing his story. The reason it past twenty years I have used your listeners quite fortunate to have had both Miss Dicke is important he shares it is to recog- during moments of crises in my lie. When I and Miss Ross working that night. Without nize what a universal problem this is, had no one to turn to, I could turn to your their teamwork, tenaciousness and training, at 31,000 people a year. We know, as I this incident could have had a tragic ending. listeners for insight and support. indicated a number of other times on I came to know about the benefit of your This exemplifies how the citizens of Fair- hotline due to meeting the original director fax County and the Police Department ben- this floor, many more people commit Bobby Schazenbach and hearing her story efit from programs such as yours. Although suicide. why this wonderful and unique organization hotlines do not historically receive the fan- I think the mere fact that we talk was set up. I have very fond memories of fare and headlines that other public service about it is going to help the problem. Bobby and everytime I call your hotline, I groups do, we at the Police Department real- We now have this crisis hotline estab- often think of her and wonder how she is ize what a tremendous resource you are to us lished. We also, of course, have support doing. Her creation of this hotline has been and the outstanding service which you pro- groups that we didn’t have 15, 20 years a link to my survival for many years. I won’t vide to the community. It is without any ago. The problem is not getting easier, reservation that I commend Miss Dicke and bother you with the details, but I want to but it is getting better with people bet- give back to the organization that has been Miss Ross for the outstanding job they did that evening. They should be very proud of ter understanding the issue. responsible for helping me through many Mr. WELLSTONE. Mr. President, two tough late night over the past twenty years. themselves and the organization they are af- Please sent to me any information on your filiated with. things. First, I thank the Senator from organization that might help facilitate in Sincerely, Nevada for his comments. Second, I say changing my beneficiary to your organiza- CAPTAIN ART RUDAT, to Senator SPECTER, I am sure he re- tion. I also want you to know that I will be Commander, McLean District Station. members when Kay Jamison testified naming the Loudoun Abused Women’s Shel- Mr. REID. I extend my appreciation before his committee, saying the gap ter as well. to the Senator from Minnesota. between what we know and what we do Thank God for all of you and thank God for Mr. DORGAN. Will the Senator is lethal. This is just a small step. I am Bobby. yield? hoping that the Senate—the sooner the Fondly, and forever grateful, Mr. REID. I am happy to yield to the better—will embrace this issue and put Senator. FAIRFAX COUNTY POLICE DEPARTMENT, some resources back to communities Fairfax, VA, March 31, 1998. Mr. DORGAN. Mr. President, I sup- that can put this money to work in Ms. ARLENE KROHMAL, port the legislation dealing with the terms of suicide prevention. Much of Northern Virginia Suicide Hotline, issue of suicide. It is very important. this is diagnosable and preventable. Arlington, VA. Many, many years ago, early one We have some confusion. Before I DEAR MS. KROHMAL: I would like to bring morning I came to an office and found agree, I say to Senator REID, I want to to your attention, the actions of two of your a coworker had taken his life. It was, suggest the absence of a quorum. We volunteers and the impact it had upon a fam- of course, a morning I will remember have a disagreement about how we will ily’s future. On March 7, 1998, at approxi- the rest of my life, finding a coworker deal with this amendment. mately 5:59 pm, officers from the McLean and a friend who had, over the night- District Station responded to the Ritz Mr. SPECTER. Let me make a short Carlton, near Tysons Corner, for a subject time hours, taken his life. statement. We are anxious to move threatening to commit suicide with a knife. I suppose only those who have been ahead with our votes scheduled at 3:30. The 911 call was made to the Fairfax County acquainted with that circumstance can The amendment is acceptable. The Police by Miss Katie Ross, of the Northern barely imagine the kind of horrors that subcommittee held a hearing on this Virginia Suicide Hotline, who was assisting persuade someone to take their own matter in February and had extraor- Miss Marilyn Dicke, also with the Suicide life. I think anything we can do as a dinarily heartrending testimony from Hotline, The information received was that country in public policy to reach out families who had been touched directly the subject had been involved in a con- and say to those who are visited by by suicide. The hearing was held at the tinuing domestic dispute with his parents those emotional difficulties, those and was at the end of his rope. request of the Senator from Nevada, From the beginning, the information given pressures and internal problems that Mr. REID. It was quite compelling. to us by Miss Ross was clear and concise and persuade them to consider taking their The subcommittee and the full com- left little for us to wonder about. This is a life, anything we can do to reach out to mittee allocated $662 million to the key element in our response to a complaint them to say, here is some help, we mental health services, an increase of and how the officers will handle the case ought to be able to do that. $31 million over last year. A number of from the onset. Upon our arrival, we found This amendment is very small. Incre- amendments have been offered seeking the subject in his room and he was extremely mentally, it will be helpful. to reallocate the money in a variety of ′′ upset and agitated. He was holding a 4 knife I appreciate the work of Senator ways. I have responded that, unless to his jugular vein, threatening to kill him- WELLSTONE and Senator REID. I think self. This threat was not taken lightly be- they have offsets, we have made the al- cause he had already cut his left wrist and someday—we may never know the locations as best we can. was bleeding. The atmosphere at the time name—adding these resources will help I think the fact we have such a large was tense, not knowing if anything that the someone who is ravaged by these emo- sum of money in mental health serv- officers would say would further upset the tional difficulties and can be prevented ices on a relative basis, including a $31

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 12830 CONGRESSIONAL RECORD—SENATE June 28, 2000 million increase for this year, is a tes- AMENDMENT NO. 3672 5 million children unattended is be- tament to the propriety or the value Mr. SPECTER. Mr. President, I ask tween 3 and 6 in the afternoon. Good judgments which have gone into the for the yeas and nays on the pending afterschool programs are meaningful. structure of this bill. The $3 million for motion to waive. The country wants it. School boards the hotline can be accommodated eas- The PRESIDING OFFICER. Is there a have asked for it. But despite efforts, ily within the existing funds. We had sufficient second? we have only funded 310 afterschool already urged the mental health serv- There is a sufficient second. programs. Last year, there were 2,500, ices to find ways through their re- The yeas and nays were ordered. close to 3,000, applications for after- search to prevent suicides—to find The PRESIDING OFFICER. There school dollars. We could only meet the other means of communicating with are 2 minutes equally divided on the requests of 310 school districts. people who were emotionally stressed motion to waive the Budget Act with It seems to me we must do something coming to grips with the issue, and pre- regard to the Dodd amendment. to improve the quality of education Mr. SPECTER. Mr. President, par- venting suicides. The substantial allo- with good afterschool programs, when liamentary inquiry: Which is the first cation the Appropriations Committee children are most at risk, most vulner- amendment? has made is a testament to the value able, when they get involved with hab- The PRESIDING OFFICER. The Dodd judgments and the priorities we have its of smoking, and alcohol, of mari- amendment No. 3672 on community established. juana, when they are victimized. As we learning centers. I thank Senator REID for sharing his Mr. SPECTER. Mr. President, the know by every police study, after- own experiences. It is a very telling point of order has been raised because, school programs work. matter. At his request, we had a very although the Dodd amendment for I realize there are budgetary con- informative hearing in February, with afterschool programs takes up a meri- cerns, but we spend less than one-half quite a few people coming forward, in- torious subject, we have already added of 1 percent of the entire Federal budg- cluding Danielle Steel, the noted au- approximately $150 million to that ac- et on the quality of public education in thoress who talked about her own son’s count, bringing it up to $600 million. this country. That is a disgrace. experience. It made quite an impact. I The program has been in effect for What we have offered in these series think it is true that while the C–SPAN only a few years. We have provided for of amendments is to improve our Fed- 2 audience may not be enormous, peo- additional funding in many similarly eral investment in education. This ple will hear what is being said and it related situations. We believe the pri- amendment is to improve the quality can have a salutary effect. orities established were appropriate. of afterschool programs for the 5 mil- Mr. REID. Will the Senator yield? Had there been a suggestion for an off- lion children in America who need that Mr. SPECTER. I am happy to yield set, had the Senator from Connecticut assistance. to the Senator. made a suggestion that this priority The PRESIDING OFFICER (Mr. SES- Mr. REID. It was very difficult for was more valuable than others, we SIONS). The question is on agreeing to the Senator to work this hearing into would have been willing to consider it. the motion to waive the Budget Act in the very busy schedule of this huge But it simply breaks the allocations relation to amendment No. 3672. The subcommittee. The Senator did that. I and therefore the point of order has yeas and nays have been ordered. The think it has done so much good across been raised. We urge it be sustained clerk will call the roll. the country to have people such as and not waived. The legislative clerk called the roll. Danielle Steel and Kay Jamison, who The PRESIDING OFFICER. Who Mr. REID. I announce that the Sen- are experts, to come in and talk about yields time in favor of the motion to ator from Hawaii (Mr. INOUYE) is nec- their experiences. I am grateful to you waive the Budget Act? essarily absent. for doing this, as I think anyone is who Mr. REID. Mr. President, I suggest The yeas and nays resulted—yeas 48, has had the misfortune of having had the absence of a quorum. nays 51, as follows: some connection with suicide. You are The PRESIDING OFFICER. The The result was announced—yeas 48, to be applauded for having done this clerk will call the roll. nays 51, as follows: Mr. WELLSTONE. Mr. President, I with schedule that was really a burden [Rollcall Vote No. 154 Leg.] to you. ask unanimous consent that the order YEAS—48 We appreciate this very much. for the quorum call be rescinded. The PRESIDING OFFICER. Without Akaka Edwards Lieberman Mr. SPECTER. Mr. President, I Baucus Feingold Lincoln thank the Senator from Nevada for objection, it is so ordered. Bayh Feinstein Mikulski those kind remarks. Perhaps we could Mr. DODD. Mr. President, what is the Biden Graham Moynihan move ahead to acceptance of the pending business? Bingaman Harkin Murray Boxer Hollings Reed amendment. The PRESIDING OFFICER. The pending business before the Senate is a Breaux Jeffords Reid I urge the adoption of the amend- Bryan Johnson Robb motion, to the Senator’s amendment, ment. Byrd Kennedy Rockefeller on the Budget Act. Chafee, L. Kerrey Sarbanes Mr. WELLSTONE. Mr. President, I Mr. DODD. Mr. President, as I under- Cleland Kerry Schumer thank my colleague from Pennsylvania stand it, I have 2 minutes to explain Conrad Kohl Smith (OR) for his genuine concern, and the ways Daschle Landrieu Snowe the amendment? Dodd Lautenberg Torricelli in which, as the chair of this com- The PRESIDING OFFICER. It was re- Dorgan Leahy Wellstone mittee, he has supported this initia- duced to 2 minutes equally divided. Durbin Levin Wyden tive. He cares about it deeply. I thank Those opposed to the motion have al- NAYS—51 him. I am pleased he will accept the ready spoken. The Senator has 1 amendment. Abraham Enzi Lugar minute to speak. Allard Fitzgerald Mack THE PRESIDING OFFICER. If there Mr. DODD. Mr. President, to my col- Ashcroft Frist McCain be no further debate, the question is on leagues, very briefly, this amendment Bennett Gorton McConnell agreeing to the amendment. Bond Gramm Murkowski is a carryforward to what has been of- Brownback Grams The amendment (No. 3680) was agreed Nickles fered by Senator KENNEDY, Senator Bunning Grassley Roberts to. BINGAMAN, Senator WELLSTONE, and Burns Gregg Roth Campbell Hagel Mr. WELLSTONE. Mr. President, I Santorum Senator MURRAY, all trying to improve Cochran Hatch Sessions move to reconsider the vote. the quality of public education in the Collins Helms Shelby Mr. SPECTER. I move to lay that Coverdell Hutchinson country. One of the key issues is after- Smith (NH) motion on the table. school programs. Craig Hutchison Crapo Inhofe Specter The motion to lay on the table was We know from parents all across the DeWine Kyl agreed to. country the most dangerous period for Domenici Lott

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12831 Stevens Thompson Voinovich to complete this bill, the Interior ap- marketplace skills and to close the dig- Thomas Thurmond Warner propriations bill, and the MILCON con- ital divide, we need to make this com- NOT VOTING—1 ference report. mitment. Inouye I thank Senator DASCHLE for his I think everybody in the Senate The PRESIDING OFFICER. On this work in that effort and for his support knows that with this surplus, with our vote, the yeas are 48, the nays are 51. as we try to complete this work. I ability to be able to make the choices Three-fifths of the Senators duly cho- know it is a lot to do in 3 days, but I we have in the budget, we have allowed sen and sworn not having voted in the know we can do it if we really stick for a waiver of the budget precisely for affirmative, the motion is rejected. with it. this kind of moment. I ask my col- The amendment would increase budg- The PRESIDING OFFICER. The leagues to join me in saying the House et authority and outlays scored against Democratic leader is recognized. of Representatives will not have a bet- the allocation of the Labor, Health and Mr. DASCHLE. Mr. President, I join ter sense of this priority than the Sen- Human Services, and Education Sub- in the request made by the majority ate. committee of the Appropriations Com- leader to try to cooperate in a way to The PRESIDING OFFICER. The Sen- mittee, and that subcommittee has allow us closure on this bill. He has ator from Pennsylvania is recognized. reached the limit of its allocations. proposed an aggressive agenda. At the Mr. SPECTER. Mr. President, I call Therefore, the point of order is sus- very least, we have to finish this bill. on our colleagues to oppose the waiver. tained and the amendment falls. As he said, there are scores of amend- This bill has $4.5 billion more than last Mr. LOTT. Mr. President, I move to ments that have to be addressed before year’s, $100 million over the President’s reconsider the vote. we can complete our work. I want to request, and it is a matter of allocation Mr. SPECTER. I move to lay that finish this bill this week. I want to be of priorities. motion on the table. as cooperative and as forceful with our There is no doubt that technical lit- The motion to lay on the table was colleagues on both sides of the aisle in eracy is an important objective. We agreed to. accommodating that kind of schedule. have, in the Senate bill, $425 million. If Mr. LOTT. Mr. President, I ask unan- We have been on this bill, and we have the Senator from Massachusetts could imous consent that the next votes in had a good debate with good amend- establish its priority over others, and the series be limited to 10 minutes ments and a lot of votes. There will be add offsets, that is something we would each. more amendments and votes. be glad to consider. I wish we had more The PRESIDING OFFICER. Without There comes a time when we have to money to spend on things such as tech- objection, it is so ordered. try to bring this to a close. I want to nical literacy, but we do not. To accept Mr. LOTT. Mr. President, I think it do it as soon as we can and still accom- this amendment would exceed our is only fair to say to the Members that modate Senators who have good 302(b) allocations. Therefore, I ask my we are going to try to enforce the more amendments to offer. Please come to colleagues to vote no on the waiver. limited time on these votes. I know we the floor and agree to time limits for The PRESIDING OFFICER. The try to accommodate Senators on both each amendment. Work with us to see question is on agreeing to the motion sides when they get delayed because of if we can’t winnow down the list a lit- to waive the budget act in relation to elevators or the subway or whatever. tle bit. We have had some cooperation, Amendment No. 3659. The yeas and But it is also unfair to the managers but it is going to take a lot more co- nays have been ordered. and people trying to do the bill, when operation if we, indeed, are going to The clerk will call the roll. we are all here, if we can’t do the votes get the bill done on time. The assistant legislative clerk called in the prescribed time. We will push for I believe we are ready to vote, Mr. the roll. that. President. Mr. REID. I announce that the Sen- Secondly, I commend the managers AMENDMENT NO. 3659 for trying to begin to make some ator from Hawaii (Mr. INOUYE) is nec- The PRESIDING OFFICER. There essarily absent. progress. We have had a whole series of are 2 minutes equally divided on the The PRESIDING OFFICER (Mr. votes here in this grouping—four, I motion to waive the Budget Act with VOINOVICH). Are there any other Sen- guess. But we still have an awful lot of regard to the Kerry amendment. Who ators in the Chamber desiring to vote? pending amendments. I don’t want to yields time? The yeas and nays resulted—yeas 48, mention a number because it is too Mr. SPECTER. Mr. President, the nays, 51, as follows: scary. pending matter is the motion of the I can’t complain about the Demo- Senator from Massachusetts to waive. [Rollcall Vote No. 155 Leg.] cratic side because there are almost as The PRESIDING OFFICER. The Sen- YEAS—48 many amendments on the Republican ator from Massachusetts is recognized Abraham Durbin Levin side. When Members are asked to come for 1 minute. Akaka Edwards Lieberman and either work out their amendments Mr. KERRY. Mr. President, my Baucus Feingold Lincoln Bayh Feinstein Mikulski or offer them, they are too busy to get amendment seeks to address the digital Biden Graham Moynihan it done. We need to get this Labor, divide that all of us are aware is sig- Bingaman Harkin Murray HHS, and Education appropriations bill nificantly handicapping the capacity of Boxer Hollings Reed Breaux Jeffords Reid done tonight. In order to do that, it is a lot of Americans to participate in the Bryan Johnson Robb going to take an awful lot of work. The new marketplace. The House of Rep- Byrd Kennedy Rockefeller managers, or the whips, HARRY REID resentatives has recognized this prob- Chafee, L. Kerrey Sarbanes and DON NICKLES, can’t do it by them- lem to the tune of $517 million. In our Cleland Kerry Schumer Conrad Kohl Snowe selves. Some are beginning to say how budget, we are only at $425 million. We Daschle Landrieu Torricelli about Thursday night. When we get are going to vote in the Senate on the Dodd Lautenberg Wellstone Labor-HHS appropriations done, we are H–1B visa, allowing 200,000-plus people Dorgan Leahy Wyden going to the Interior appropriations to be imported into this country be- NAYS—51 bill, plus we have the military con- cause of our lack of commitment to Allard Craig Gregg struction conference report with the our own citizens in developing their Ashcroft Crapo Hagel emergency provisions, providing funds skills for the new marketplace. Bennett DeWine Hatch Bond Domenici Helms that we have been wanting to get com- This is an opportunity to make it Brownback Enzi Hutchinson pleted for defense and for disasters and clear that, for teachers and their abil- Bunning Fitzgerald Hutchison for Colombia. We may not get that ity to be able to teach, for virtual high Burns Frist Inhofe until late Thursday night, so that we school capacity to have advanced Campbell Gorton Kyl Cochran Gramm Lott can’t vote on it until Friday. We will placement, in order to enhance the Collins Grams Lugar have other votes on Friday. So we have ability of our young to learn the new Coverdell Grassley Mack

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 12832 CONGRESSIONAL RECORD—SENATE June 28, 2000 McCain Santorum Stevens When the Senator from Rhode Island AMENDMENT NO. 3678 McConnell Sessions Thomas Murkowski Shelby Thompson argued the matter as being a very spe- The PRESIDING OFFICER. There Nickles Smith (NH) Thurmond cial program, I posed a practical ques- will be 2 minutes for debate on the Roberts Smith (OR) Voinovich tion: What should be offset? What is Kennedy amendment. Who yields time? Roth Specter Warner less important? The Senator from Massachusetts. NOT VOTING—1 We think we have established the ap- Mr. KENNEDY. Mr. President, this Inouye propriate priorities. As much as we amendment basically follows the Presi- want to have additional funds for a The PRESIDING OFFICER. On this dent’s recommendation, and that is to program of this sort, it simply isn’t vote, the yeas are 48, and the nays are provide a cost-of-living increase to the there. The extra million dollars would 51. Three-fifths of the Senators present training programs for youth and adult exceed our 302(b) allocation. Therefore, and voting, not having voted in the af- workers in this country. we ask our colleagues not to waive the firmative, the motion to waive the At the present time, half of all the Budget Act. employers in this country provide no Budget Act is not agreed to. The PRESIDING OFFICER. The training whatsoever, the other half of The amendment would increase the question is on agreeing to the motion the employers provide 1 percent of pay- budget authority and outlays scored to waive the Budget Act in relation to roll costs, and 80 percent of that train- against the allocations of the Labor, amendment No. 3638. The yeas and nays ing goes to management level workers. Health, and Human Services, and Edu- have been ordered. The clerk will call cation Subcommittee of the Appropria- the roll. We have talked a good deal about H– tions Committee, and that sub- The legislative clerk called the roll. 1B visas and bringing into the United committee has reached the limits of its Mr. REID. I announce that the Sen- States those guest workers who have allocation. Therefore, the point of ator from Hawaii (Mr. INOUYE) is nec- special skills, but I think we have a order is sustained and the amendment essarily absent. basic responsibility to ensure con- falls. The PRESIDING OFFICER. Are there tinuing training programs for Amer- AMENDMENT NO. 3638 any other Senators in the Chamber de- ica’s workers as we continue to expand The PRESIDING OFFICER. There siring to vote? our economy and compete in the world. will now be 2 minutes equally divided The yeas and nays resulted—yeas 47, That amendment provides an impor- on the motion to waive the Budget Act nays 52, as follows: tant increase for training programs. by the Senator from Rhode Island, Mr. [Rollcall Vote No. 156 Leg.] Two years ago, along with Senator REED. YEAS—47 JEFFORDS, we consolidated the training The Senator from Rhode Island. Akaka Durbin Levin programs. We now have an effective Mr. REED. Mr. President, this Baucus Edwards Lieberman one-stop system that will offer real op- amendment would add an additional Bayh Feingold Lincoln portunities for workers. Biden Feinstein $100 million to the appropriated funds Mikulski Bingaman Graham Moynihan Finally, this amendment also re- for the GEAR UP program. GEAR UP Boxer Harkin Murray stores the Summer Jobs Program. is the centerpiece of our efforts to Breaux Hollings Reed Without this amendment, there will be Bryan Jeffords Reid reach out to disadvantaged students Byrd Johnson no Summer Jobs Program for the Robb and give them both the skills and the Chafee, L. Kennedy youth of this country. I hope this Rockefeller Cleland Kerrey confidence to go on to college. It is par- Sarbanes amendment will be accepted. ticularly clear in low-income neighbor- Collins Kerry Conrad Kohl Schumer The PRESIDING OFFICER. The Sen- hoods that young people and families Daschle Landrieu Torricelli ator from Pennsylvania. Wellstone do not have either the access to college Dodd Lautenberg Mr. SPECTER. Mr. President, as Dorgan Leahy Wyden or the kind of skills they need to make with so many of the pending amend- it all the way through high school into NAYS—52 ments, the objective is good if we had college. Abraham Gorton Nickles more funding. We have increased the This program does that. It com- Allard Gramm Roberts funding for the Department of Labor Ashcroft Grams Roth plements the Pell grant. It com- by $400 million. We have funded two plements other programs because it ac- Bennett Grassley Santorum Bond Gregg Sessions new programs requested by the admin- tually gives young people, starting the Brownback Hagel Shelby istration: incumbent worker training Bunning Hatch sixth or seventh grade, the tutoring, Smith (NH) for $30 million and responsible re- the mentoring, the confidence, the Burns Helms Smith (OR) Campbell Hutchinson integration of youthful offenders for Snowe ability to go through high school, and Cochran Hutchison Specter $20 million. go on to college. Coverdell Inhofe Stevens Over the last 4 years, there has been By voting for this amendment, we Craig Kyl Crapo Lott Thomas a 32-percent increase for dislocated will say to scores of disadvantaged DeWine Lugar Thompson workers and a 25-percent increase for children: You can succeed; you can go Thurmond Domenici Mack the Job Corps. If it were possible to to college; you can take your place in Enzi McCain Voinovich Warner have additional funding, we would be American society as a college grad- Fitzgerald McConnell Frist Murkowski glad to provide it. We think we have es- uate. I urge all of my colleagues to sup- tablished the priorities in an appro- port this incredibly important pro- NOT VOTING—1 priate order for this complex bill. I ask gram, to make opportunities real in Inouye the motion to waive the Budget Act be the lives of all of our citizens. The PRESIDING OFFICER. On this denied. The PRESIDING OFFICER. The Sen- vote, the yeas are 47, the nays are 52. ator from Pennsylvania is recognized Three-fifths of the Senators duly cho- The PRESIDING OFFICER. The for 1 minute. sen and sworn not having voted in the question is on agreeing to the motion Mr. SPECTER. Mr. President, there affirmative, the motion is rejected. to waive the Budget Act in relation to is no doubt this is a good program. It The amendment would increase budg- amendment No. 3678. The yeas and nays has been in effect only since 1999 when et authority and outlays scored against have been ordered. The clerk will call we put in $120 million; last year, up to the allocations to the Labor, Health the roll. $200 million; this year our figure is $225 and Human Services, and Education The legislative clerk called the roll. million. Subcommittee of the Appropriations Mr. REID. I announce that the Sen- Again, it is a matter of priorities. Committee and that subcommittee has ator from Hawaii (Mr. INOUYE) is nec- This bill has $4.5 billion more than last reached the limit of its allocations. essarily absent. year’s education bill. It is $100 million Therefore, the point of order is sus- The yeas and nays resulted—yeas 49, higher than the President’s figure. tained and the amendment falls. nays 50, as follows:

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12833 [Rollcall Vote No. 157 Leg.] The list is Specter managers’ amend- the agreement that was made that YEAS—49 ment; Domenici 3561, telecom training passed the budget was that there would Abraham Durbin Lieberman center; Domenici 3662, telecom training be no payment shift on SSI. Akaka Edwards Lincoln center; Frist 3654, education research; This provision is subject to a point of Baucus Feingold Mikulski Jeffords 3655, IDEA; Jeffords 3656, med- order because it violates the budget Bayh Feinstein Moynihan agreement. It shifts spending into fis- Biden Graham Murray icine management; Jeffords 3677, Pub- Bingaman Harkin Reed lic Health Service Act; Jeffords 3676, cal year 2000 and drives up spending in Boxer Hollings Reid high school; Collins 3657, that year $2.4 billion above the level Breaux Jeffords Robb provided for in the budget. Bryan Johnson defibrillator—— Rockefeller Byrd Kennedy Mr. REID. Will the Senator withhold If we are going to write budgets, they Sarbanes Chafee, L. Kerrey have to have some meaning. This is not Schumer for a moment? If I could respectfully Cleland Kerry Snowe request, maybe we could just submit just some minor provision. The debate Conrad Kohl on this issue was a key element of the Daschle Landrieu Torricelli our two lists, Democrat and Repub- DeWine Lautenberg Wellstone licans lists. The staffs have looked at debate on that budget, and the Budget Dodd Leahy Wyden them. Unless the Senator wants to read Committee and the Senate specifically Dorgan Levin them for some reason, we have 80-some rejected this payment shift. NAYS—50 on our side that we don’t want to read. So on the basis of that, Mr. Presi- Allard Gorton Murkowski Mr. SPECTER. Well, that would be dent, I make a point of order that sec- Ashcroft Gramm Nickles fine with me, Mr. President. The question 515 of the bill, as amended, vio- Bennett Grams Roberts tion would arise as to how we are going lates section 311 of the Budget Act, Bond Grassley Roth since it would cause fiscal year 2000 Brownback Gregg to get consent if Members don’t know Santorum budget authority and outlays to exceed Bunning Hagel Sessions what is on the list. Burns Hatch Shelby Mr. REID. We have made on our side the spending aggregates in the budget Campbell Helms Smith (NH) resolution. Cochran Hutchinson numerous hotlines to Members. We had Smith (OR) Collins Hutchison Mr. SPECTER. Mr. President, pursu- Specter the 11 o’clock time that we were going Coverdell Inhofe ant to section 904 of the Budget Act, as Stevens to submit the amendments. If the Sen- Craig Kyl amended, I move to waive section 311 of Thomas ator wants to read them, that is fine Crapo Lott that act with respect to the consider- Domenici Lugar Thompson with me. Enzi Mack Thurmond Mr. LOTT. Mr. President, I ask unan- ation of this amendment. Voinovich I suggest the absence of a quorum. Fitzgerald McCain imous consent that the amendment Frist McConnell Warner The PRESIDING OFFICER. The lists be printed in the RECORD as they NOT VOTING—1 clerk will call the roll. are. Senators knew there was a time. The assistant legislative clerk pro- Inouye They checked this list. Statements ceeded to call the roll. The PRESIDING OFFICER. On this were made. I think it would save some Mr. SPECTER. Mr. President, I ask vote, the yeas are 49, the nays are 50. time. unanimous consent that the order for Three-fifths of the Senators duly cho- Mr. BAUCUS. Reserving the right to the quorum call be rescinded. sen and sworn not having voted in the object, I will object until I can get The PRESIDING OFFICER. Without affirmative, the motion is rejected. some understanding or we can get some objection, it is so ordered. The amendment would increase budg- understanding from the majority lead- Mr. SPECTER. Mr. President, I have et authority and outlays scored against er as to when we are going to have a just had a discussion with the Senator the allocations to the Labor, Health date set for a vote on PNTR. This is an from Texas about setting this issue and Human Services, and Education issue which transcends politics, if I aside so that we can proceed with other Subcommittee of the Appropriations might have the attention of the major- matters and try to make a determina- Committee, and that subcommittee has ity leader. tion as to how we can solve this issue. reached the limit of its allocations. The PRESIDING OFFICER. Is there Mr. REID. Mr. President, objection. Therefore, the point of order is sus- objection? Respectfully, I know how hard the Sen- tained and the amendment falls. Mr. BAUCUS. Mr. President, I ask ator from Pennsylvania and the Sen- The Senator from Texas. unanimous consent to proceed for 2 ator from Iowa worked on this meas- Mr. GRAMM. Mr. President, I yield minutes. ure. But with this hanging over our to the distinguished Senator from The PRESIDING OFFICER. The Sen- heads, we might as well get this re- Pennsylvania for the purpose of mak- ator from Texas has the floor. solved now. We have spent 3 or 4 days ing a unanimous consent request and Mr. BAUCUS. Mr. President, I object. on this bill already. If this prevails, we will then reclaim the floor. The PRESIDING OFFICER. Objec- Mr. SPECTER. Parliamentary in- are all through here. So we believe this tion is heard. quiry, Mr. President: Who has the matter should be resolved now. The Senator from Texas. floor? Mr. SPECTER. Mr. President, it The PRESIDING OFFICER. The Sen- Mr. GRAMM. Mr. President, I know takes unanimous consent to set it ator from Texas has the floor. we are in a hurry. We are trying to get aside. I urge the Senator from Nevada Mr. GRAMM. Mr. President, I yield through with this bill. I think that is to reconsider. We had an issue yester- to the distinguished chairman of the important work, and I am for it. Let day raised by the chairman of the Fi- subcommittee for the purpose of pro- me make my point very succinctly. nance Committee, and there was an pounding a unanimous consent request. This bill, in section 515, has a provi- agreement between the chairman of Mr. SPECTER. Mr. President, I ask sion that changes current law and the Finance Committee and the chair- unanimous consent that the following shifts the payment date for SSI, the man of the full Appropriations Com- listed amendments be the only remain- Supplemental Security Income pro- mittee as to what would happen in con- ing first-degree amendments in order gram, from October back to Sep- ference, that items would be taken out, to the pending Labor-HHS appropria- tember. What that does is shift $2.4 bil- and that we would seek an additional tions bill and they be subject to rel- lion worth of spending out of the budg- allocation. evant second-degree amendments. et year for which we are writing this Mr. GRAMM. Mr. President, if the I further ask unanimous consent that appropriation back into the previous Senator will yield, I want to remind with respect to HMO-related amend- fiscal year. In the process, it allows $2.4 my colleagues that sustaining this ments, they be subject to second-de- billion more to be spent this year by point of order does not bring down the gree amendments relating to the sub- spending $2.4 billion in the previous fis- bill. Under the unanimous consent ject matter of the conferenced HMO cal year. This payment shift was spe- agreement the bill is being considered bill or the underlying Labor-HHS bill cifically debated during the budget res- under, sustaining this point of order or the original first-degree language. olution debate. It was rejected. Part of would simply strike section 515.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 12834 CONGRESSIONAL RECORD—SENATE June 28, 2000 I am perfectly willing to let the Sen- of an adjustment to the bill would be Mr. SPECTER. Mr. President, I am ate go on with other amendments. I am ‘‘catastrophic.’’ That was the word he advised that the 17.7 percent would be going to insist on this point of order at used. I am trying to understand the the across the board on outlays. I have some point, and it will have to come to consequences of that. What kind of ad- heard what the Senator from Texas a resolution. But if we can do other justment would we be talking about says about those percentages. I do not business while this is being discussed, I with respect to this bill on Education think they are accurate. We will com- think that is a good idea. The point of and Labor? pute the percentages. That simply is order is a very targeted point of order Mr. SPECTER. Mr. President, I don’t not factually so. I managed last year’s against section 515, not against the know how this percentage worked. I bill. But we will tally them up and bill. am advised that with this provision make representation on the floor at a Mr. REID. Parliamentary inquiry, there would be an across-the-board 6.75 later point. Mr. President. percent cut to bring the bill under the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- allocation. ator from Iowa. ator from Nevada will state it. I am not sure of that math, although Mr. HARKIN. Mr. President, I believe Mr. REID. Mr. President, if the objec- that is the representation made to me. the pending motion is the motion to tion of the Senator from Nevada is If you take $2.4 billion out of $104.5 bil- waive the Budget Act. Is that not true? withdrawn and another amendment is lion, that, it would seem to me, would The PRESIDING OFFICER. That is considered, would the Senator still be under 3 percent. But it would be correct. have the same right to object to any very material. Mr. HARKIN. Is that not a debatable further proceedings after this amend- Mr. DORGAN. Mr. President, reserv- motion? The PRESIDING OFFICER. It is a ment that would be brought up next is ing the right to object, this is a criti- debatable motion. disposed of? cally important piece of legislation. It is a funding bill for education and labor Mr. HARKIN. Thank you. The PRESIDING OFFICER. Nor- Mr. President, the figures we just mally, the point of order would occur issues and a range of things that are very important. If the consequence of heard from the Senator from Texas after another amendment had been dis- really are quite phony. They include posed of. the motion offered by the Senator from Texas would be to require a substantial all kinds of advanced funding and ev- Mr. DORGAN. Mr. President, reserv- erything else to come to that figure ing the right to object, I will propound across-the-board cut to this piece of legislation, it is of significant interest that the Senator threw out on the 20 a question under the reservation. percent. I am trying to understand the con- to virtually every Member of this body. I don’t believe we ought to go on. If But you have to ask yourself: Why sequences of the amendment. Let me the Senator from Nevada chooses not are we facing this now? What the Sen- reserve the right to object while I ask to object, I shall object. But I will ator from Texas is trying to do is to the Senator from Texas and the Sen- leave it to the Senator from Nevada to save one day. It is one day, I tell my ator from Pennsylvania this: If the comment as well. friend from North Dakota. point of order is sustained, can we get The PRESIDING OFFICER. The Sen- This provision was put in there not some notion of what consequences it ator from Texas. by me and not by the minority. It was will have on the spending in this bill Mr. GRAMM. Mr. President, before put in there by Senator STEVENS in for education, labor, and other issues? we break down in the tears and the order to allow us to do the legitimate Mr. SPECTER. Mr. President, if I shock that would come from not shift- work we have to do to meet the obliga- might respond, if the point of order is ing spending from one year to another tions we have in education and in sustained, we would lose $2.4 billion to break the budget by $2.4 billion, let health and NIH, and all of the other and there would be required an adjust- me remind my colleagues that with things in this bill which has pretty ment of the bill which would be cata- this shift and with the entitlement wide support. It wasn’t us. The chair- strophic. changes that Senator STEVENS has said man of the Appropriations Committee So it is my suggestion that we set it we are not going to make, this bill will put it in. aside, taking the willingness of the grow by 20.5 percent over last year. The Senator from Texas—let’s be Senator from Texas to do that, and You can’t find that growth rate even clear about it—is moving the outlays then proceed with other amendments going as far back as the Carter admin- for SSI paychecks from one day to the so we can try to figure out what other istration. You have to go all the way previous day—that is all he is doing— allocation might be possible. We have back to when L.B.J. was President to one day. But that one day will cause an amendment ready by the Senator find a bill growing that fast. about a 6-percent across-the-board cut from Vermont and one by the Senator If the point of order is sustained in NIH, cancer research, Alzheimer’s from North Carolina. We have not had eliminating the phony pay shift and an research, education funding, Pell many Republican amendments. It is adjustment is made in spending, this grants, Elementary and Secondary my hope that we can proceed. We have bill will still be growing by 17.7 per- Education Act, IDEA, you name it—a to find a way out of this. If we have a cent. Granted that we each look at the 6-percent across-the-board cut because little time, we have a chance to find world through different glasses. I don’t the Senator from Texas wants to move our way out of it. So I hope we will see that as cataclysm; I see that as by one day the payment of SSI. He proceed. somewhat of a movement toward fiscal wants to move it to one day later. Last If I may have the attention of the restraint. year, we moved it one day forward. He Senator from Nevada, he will have the But the important point is this provi- wants to move it to one day later. opportunity to—we will have to set it sion violates the Budget Act. We con- Who cares about one day? Why is it aside, as I understand the parliamen- sidered this payment shift in the budg- such a big deal to go from September 30 tary ruling, each time a new amend- et. We specifically rejected it. We set to October 1? But if it means that it al- ment is called up. Is that correct, Mr. out numbers that were meant to meet lows us to move forward with this bill President? the targets for spending that were and to have the adequate funding in The PRESIDING OFFICER. That is agreed to. This provision violates the this bill when we go to conference, it correct. Budget Act, and it should be stricken. means a lot. Mr. SPECTER. So I hope we will set I will insist on the point of order This really is a mischievous point of it aside for the two amendments that against it, but I am perfectly willing to order because it really doesn’t do any- we now have lined up and ready to go. let amendments move forward. If the thing. It doesn’t save us any money. Mr. DORGAN. Mr. President, con- minority doesn’t want amendments to The money we will spend on SSI will tinuing to reserve the right to object, be considered, it is up to them. either go out September 30 or it will go the Senator from Pennsylvania talked The PRESIDING OFFICER. The Sen- out October 1. It is going out. The Sen- about if this prevails, the requirement ator from Pennsylvania. ator from Texas is not stopping that

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12835 money. It is going to go out. It is ei- don’t know. You could find other ways I have not had time now to consider ther going to go out on one day or the to adequately fund these needed pro- when the PNTR should be brought up. next day. He is not saving a nickel. But grams. Some in this Chamber may not I know my friend from Montana is ob- by doing this, he is causing all kinds of want to fund these programs. They viously well versed in this subject. I problems on this bill. That is why I say may think they are not a priority per- probably would accede to his knowl- it is just simply a mischievous motion. haps. This is not a new technique. But edge of this issue and when it ought to Of course, I support my colleague, apparently when it comes to funding be brought up. As to my own view, I the chairman, in the motion to waive. for VA, health care, and education, we don’t think this Senator is qualified to Hopefully, we will hear from Senator have people come to the floor to make respond. STEVENS on this. But there is really no a point of order. Mr. BAUCUS. I thank the Senator. I substance. I guess what I am trying to The PRESIDING OFFICER. The Sen- will not object to a unanimous consent say is that there is no substance to the ator from Iowa has the floor. request on this bill today, but I do hope motion—none. You don’t save a nickel. Mr. HARKIN. Mr. President, I am prior to recessing for the July recess You don’t help anybody. You don’t glad to yield for a question. we can work out an agreement, that hurt anybody. You just move the pay- Mr. BAUCUS. On another matter, Mr. the majority leader will be able to ment from one day to the next. That is President, I ask the Senator from Iowa make a statement, the result of which all. But you sure hurt this bill. to yield for a question. is to make it clear that the vote will Mr. DORGAN. Mr. President, will the Mr. HARKIN. Mr. President, I will come up in July. Senator yield? yield, without losing my right to the I reserve my right as to what action Mr. HARKIN. Reserving my right to floor, for a question from my friend I will take tomorrow. I thank the Sen- the floor, I will yield for a question. from Montana. ator. Mr. DORGAN. If the Senator will Mr. BAUCUS. Mr. President, if I Mr. HARKIN. Mr. President, back to yield for a question, I wonder if the could consult with the good Senator the point at hand, I want everyone to Senator recalls last year a technique from Iowa on a matter which I raised understand what this mischievous mo- similar to this used on the Department earlier, that is, the Senator from Mis- tion is all about. All it does, in order to of Defense bill. I am just curious sissippi, the majority leader, asked save the money, is move the date from whether our colleague, the Senator unanimous consent for the Senate to October 1 to September 30. Last year, from Texas, came to the floor to make take up a list of amendments on both we moved it up to October 1; we moved a point of order when it had to do with sides and to have printed that list of it back to September 30. defense. I don’t know the answer to amendments with respect to the pend- The motion of the Senator from that. I am curious. It seems to me if ing bill. Texas says, no, you can’t do it Sep- there is a consistent point of order I asked the majority leader if it tember 30; you have to do it on October against the deployment of this tech- might not be a good idea for the leader 1. In fairness and in reality, the SSI nique, one wouldn’t just make it on to set a date certain in July to bring checks should go out at the end of the education issues, which, of course, to up PNTR. I am not asking the Senator month. If the Senator has an objection, you, me, and others is very important. for his view on the bill, but I ask the he should have filed it last year be- It is some of the most important spend- Senator if he thinks it is a good idea to cause we moved it from September 30 ing we do. It is some of the most im- bring the bill up and at least have a to October 1. SSI checks are to go out portant investments we make in the vote on it, particularly in July. the end of the month. All we are doing country. Wouldn’t it be better to have a bill is bringing it back to where it really I ask the question, Does the Senator brought up in July than, say, in Sep- ought to be, at the end of the month. know whether a similar point of order tember, given the fact that it has Be that as it may, we are only talk- was made by our colleague when it had passed the House, given the fact that ing about 1 day. I don’t think too many to do with the Defense Department last we will bring it up sometime this ses- people are hurt by 1 day. The Senator year? sion of Congress, and given the fact moves it back to October 1 when it Mr. HARKIN. I don’t know the an- that delay is dangerous? ought to be September 30. swer to that question. I was not in- Does the Senator agree it would be a What does his motion do if it is volved in the appropriations bill for de- good idea to bring it up and have a date upheld? We will have almost a $3 bil- fense. I will leave that to others. I have certain, at least for insurance that we lion cut in education, a $1.4 billion cut no knowledge of that. I accept the Sen- are going to vote on it this year? The in NIH, a $210 million cut from the Cen- ator’s insight into that. I don’t know month of July would be the preferable ters for Disease Control, a $300 million the answer as to whether the Senator month to vote on it rather than a sub- cut from Head Start, a $77 million cut from Texas objected to that. The Sen- sequent month; does the Senator from community health centers. ator from Texas can certainly speak agree? I heard some talk earlier about going for himself in that regard. But I guess Mr. HARKIN. I say to my friend from to conference and taking care of it the RECORD will show one way or the Montana, who is a strong supporter on there. The House bill is lower than other. the Finance Committee of the perma- ours. If we cut these numbers here, Mr. DORGAN. If I might ask another nent normal trade relations with when we go to conference, we will be question, the point here is this bill China—and he has worked very hard on locked into the lower numbers. So it deals with the effort the Federal Gov- this issue—I know he desires, as many has a great impact. ernment makes to respond to the edu- others, to get on with that, debate it, We have a lot of amendments that cation needs in this country. Most of have a vote and move on. have been filed—not only on the Demo- education funding, of course, comes The Senator is asking this Senator a cratic side but the Republican side as from State and local governments. We question on which I do not feel quali- well—from Senators COLLINS, DEWINE, provide some funding in a range of fied to make an answer. I am not in- SMITH, LOTT, HUTCHISON, COVERDELL, areas. We provide assistance in VA, volved in this issue or on the Finance ASHCROFT, HELMS, NICKLES, SMITH, health care, and a range of other Committee. Right now my interest is GRAMM, and a whole bunch on our side, issues. This is a very important piece getting this bill through. I am trying too. of legislation that invests prominently to help and do what I can to get the How can we debate these amend- in the lives of the people of this coun- amendments through and get adequate ments in any kind of a legitimate fash- try. funding for education, for NIH, for ion, if, in fact, we don’t even know The technique that is being objected health care, for human services, to try what kind of money we are talking to is not a new technique; it has been to educate our kids, and attend to the about? Some of the amendments add employed before. That is the point I human needs of our people. We are try- money; Some take it away; Some mod- was making. Is it a good technique? I ing to get this through. ify.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 12836 CONGRESSIONAL RECORD—SENATE June 28, 2000 If we go ahead and have the amend- things, but calling it mischievous—not These tears that are being shed about ments, we don’t know whether the mo- that there is anything wrong with my point of order, which simply calls tion from the Senator from Texas is being mischievous in defense of the on the Senate to live up to its budget, going to hold or whether it will be public interest—but my point of order these tears are being shed because by waived, so we will be debating these is anything but mischievous. doing that we could increase spending amendments in a vacuum without the Our colleague from Iowa would have in this area only by 17.7 percent. By en- full knowledge of exactly what dollar us believe that shifting SSI payments forcing the budget, rather than in- amounts we are looking at. Are we from fiscal year 2001 to 2000 does not creasing spending by 20.5 percent, we going to cut it by 6.75 percent across increase spending. Nothing could be would increase spending by 17.7 per- the board or not? We don’t know that further from the truth. Under current cent. How many working families have yet. law, the payments for SSI will be made seen their income go up by 17.7 percent Mr. SPECTER. Will the Senator on October 2 and they will be part of in the last year? I submit, not very yield? the 2001 budget. What this illegal— many families. Mr. HARKIN. I am happy to yield to under the Budget Act—payment shift So what I have done is simply said: the Senator. does is shift this payment back into When we adopted a budget we meant it. Mr. SPECTER. In formulating this fiscal year 2000 and raids the surplus When we set out what we were going to question as to whether we are going to that we have all pledged to protect by spend in this coming year, we meant cut it by 6.75 percent, may I suggest to a total of $2.4 billion, freeing up $2.4 for those constraints to be binding. the distinguished ranking member and billion more to be spent next year. So What is literally happening in the Con- comanager that we will not cut funding the first point is, sustaining this point gress is that this surplus is burning a by 6.75 percent. of order will mean we will spend $2.4 gigantic hole in our pocket. We are see- What we are seeking to do now is to billion less. ing spending increases at levels that obtain a reallocation. Discussions are Second, a point of order was not have not been approached since Lyndon underway with the chairman of the full raised against the D.C. appropriations Johnson was President of the United committee to reallocate some funds to bill last year on the pay shift because States. It is very dangerous for two this bill from other bills, which delays there was no point of order available. reasons. No. 1, if we have a downturn, the day of reckoning for the whole That pay shift did not violate the budg- those surpluses are not going to be process. That is the way things are et in effect at that time. This SSI pay- there. Second, some of us had hoped done, not only around here but gen- ment shift was considered in the budg- that we would repeal the marriage pen- erally. et and it was rejected, specifically re- alty, so we do not have to make people It is my hope we can accomplish jected. in America who fall in love and get that. The chairman of the full com- Let me explain exactly the arith- married pay $1,400 a year in additional mittee is now busy working on a sup- metic of where we are. In allocating income taxes for that right. We had plemental, but he will be here in a few spending for this fiscal year, the Ap- hoped to repeal the death tax so your minutes. I believe we will find a way on propriations Committee allocated to family would not have to sell off your a reallocation to satisfy the issue Labor-HHS appropriations, a sub- family farm or your business that your which has been raised by the Senator committee that funds many important parents worked a lifetime to build up, from Texas. programs for America, a 13.5-percent simply because they died. But if we are Unfortunately, we had three amend- increase in spending. That was far and going to be increasing spending like ments queued up and ready to go to away the largest increase in spending this and busting the budget, we are make progress, but seeing the state of of any budget allocation. You would never going to have an opportunity to affairs on the floor, our amendment have to go all the way back to when share the benefits of this prosperity offerers have dispersed. We are trying Jimmy Carter was President to find with working Americans. to find some more amendments, and we that level of spending. When our colleague says this point of have an amendment ready to be of- The first thing this committee did order does not save money, that is sim- fered. was it put some entitlement reforms in ply not true. It saves $2.4 billion. It is my hope that on the representa- the bill, which the chairman of the Second, I am going to raise a point of tion we are making progress on finding committee has already said are not order on the supplemental appropria- an allocation, which will leave our bill going to be made. They are going to be tion for military construction. I am at $104.5 billion, we take the Senator taken out in conference. But by claim- going to raise it because what we are from Texas up on his willingness to set ing that they are going to be made, doing is obscene in terms of spending, his issue aside so we can proceed with they magically raised their increase in and the bill does violate the Budget the bill. spending from 13.5 percent over last Act. I intend to raise the point of Mr. REID. It sounds reasonable. We year’s level to 17.7 percent over last order. have one person who wanted me to pro- year’s level. You are now in the range Let me finally say that this point of tect him. He is across the hall. I will where going back to when Jimmy order is important. In fact, we have see if I can get that taken care of. We Carter was President does not hold up. used it five times today to prevent new object for a little bit. We are getting to the point where you spending from being added. The amaz- Mr. HARKIN. Mr. President, I re- have to go back to the time when Lyn- ing thing is that we have before us an claim the floor. I had yielded for a don Johnson was President to find in- appropriations bill that grows by one- question. I hope we can get this clear- creases like that. fifth, over 20 percent, and yet we have ance. I think we probably can move But even that was not enough. What spent all day long where the minority ahead. From what my distinguished they did was include a phony payment has been trying to add more and more chairman said, I hope that can happen shift—by taking SSI payments, which and more spending. You begin to won- in terms of reallocation and we can put by law are to be made on October 2, der when is it enough? Is there any ap- this thing to bed. which is after the beginning of the new propriations bill that could have been An objection to laying the motion to fiscal year, in other words, money they written that would have been enough? waive aside holds right now until we would have had to have funded in the Yet with all this spending, we are all can get clearance on our side. 2001 budget—by taking that payment talking about locking away money for The PRESIDING OFFICER. The Sen- and moving it into fiscal year 2000, Social Security, locking away money ator from Texas. they can rob the surplus by $2.4 billion for Medicare, but the spending goes on Mr. GRAMM. Mr. President, I want and spend $2.4 billion next year. By and on and on. to respond to some of the comments doing that, they would then raise the I raised the budget point of order. If made by our colleague from Iowa. My increase in spending over last year’s Senator STEVENS comes over and re- point of order can be called many level to 20.5 percent. allocates money and takes it away

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12837 from another use so the total level of percentage in outlays is not quite as LABOR/HHS APPROPRIATIONS spending does not rise, he certainly has much. The growth percentage in out- a right to do that. That will mean this lays is 12 percent. The Senator from Budget BA Outlay author- Outlays growth growth point of order will stand. This phony Texas wants to take off $2.4 billion be- ity (per- (per- payment shift will be stricken. But the cause that is an offset. That is, frank- cent) cent) money will be allocated to be spent on ly, a faulty offset. It is only in there so 1990 ...... 43.9 49.4 ...... 1991 ...... 51.0 54.4 16.2 10.2 these programs and taken away from we can have more money in real 1992 ...... 60.1 58.5 17.9 7.5 something else. That is how the budget growth in outlays, in budget authority, 1993 ...... 63.2 62.7 5.1 7.3 1994 ...... 68.1 68.7 7.8 9.6 is supposed to work. We are supposed in commitment to growth spending. 1995 ...... 67.4 70.2 ¥1.0 2.1 to make decisions like American fami- 1996 ...... 63.4 69.1 ¥5.9 ¥1.6 There is actually $4.9 billion in out- lies make decisions. If they want a new 1997 ...... 71.0 71.9 11.9 4.1 lay offsets. The Senator from Texas 1998 ...... 80.7 76.2 13.7 6.1 refrigerator they don’t buy a new 1999 ...... 85.1 80.2 5.4 5.2 might have been able to do the full $4.9 washing machine. If they want to go on 2000 ...... 86.5 86.3 1.6 7.7 billion. I know he can do $2.4 billion, 2001 House Net ...... 97.2 91.1 12.4 5.5 vacation, they don’t buy a new car. 2001 House Gross* ...... 101.8 94.3 17.8 9.2 but there is $4.9 billion in offsets. I be- 2001 Senate Net ...... 98.1 93.1 13.5 7.9 They set priorities. lieve the chairman of the Appropria- 2001 Senate Gross* ...... 104.1 96.7 20.4 12.0 Our problem is we never set prior- 2001 President ...... 105.8 94.6 22.3 9.6 tions Committee said we will drop ities. So I think this point of order is those offsets. *=Gross spending levels do not include mandatory offsets, contingent important. This point of order is an en- emergencies, or other adjustments. forcement of the budget. We ought to The real program growth—and this is The PRESIDING OFFICER. The Sen- be holding the line on spending. I yield what we are talking about in BA—is ator from Iowa. the floor. $104.1 billion. That compares to last Mr. HARKIN. Mr. President, I will The PRESIDING OFFICER (Mr. year’s $86.5 million in budget author- take a couple minutes. I heard the Sen- SMITH of Oregon). The Senator from ity. That is a growth of 20.4 percent. ator from Texas talking about there is Oklahoma. That is a lot. never enough. Of course, he just talked Mr. NICKLES. Mr. President, I com- If we adopt the amendment of the about Democrats on this side offering pliment my colleague from Texas. I Senator from Texas, the growth will amendments to increase funding. I know sometimes it upsets people when still be in excess of 17 percent. Granted, thought what is good for the goose is we come out and say: Wait a minute, I know it will cause some consterna- good for the gander. we are breaking the budget. tion. I know the members of the com- There are Senators on that side of I work with the Senator from Texas mittee will have to reshuffle and limit the aisle who have amendments to in- on the Budget Committee and he hap- the growth of the spending in commit- crease spending in this bill: Senator pens to be right. I also compliment my ment to 17.5 percent. I happen to think COCHRAN, Senator COLLINS, Senator colleague from Pennsylvania, who is that is doable. Maybe it is not the easi- DEWINE, Senator INHOFE, Senator JEF- managing the bill. As the Senator from est thing in the world because we made FORDS. Those are the only ones I have Texas mentioned, no matter what is in commitments to grow spending more right now from their side that I know this bill, many people—particularly on than the President did in this area or of who add money to the bill. It is not the other side—say it is never enough. that area. Certainly, 17-percent growth only Democrats; Republicans, too. No matter what is in there, it is never is adequate, sufficient, and responsible. There are some on that side of the enough. The Senator from Pennsyl- aisle, as well as on this side of the vania put in more money than the As to the bill before us, one can only aisle, who understand we have unmet President requested for education, and say it complies with the budget if they needs in this country when it comes to we have had four or five amendments take into consideration $4.9 billion of dealing with education, health, human saying let’s spend billions more. It is offsets which, frankly, will not happen. services, and research. never enough. No matter what, we Again, I compliment my colleague I point out there is all this talk more than matched the President. from Texas for his amendment. I will about how much this budget has in- The bill we have before us has out- submit for the RECORD a chart I put to- creased. It all depends on how you look lays greater than the President re- gether which shows budget authority at it. It depends on your baseline. It de- quested and it is still not enough. and outlays for the Labor-HHS bill for pends on your numbers. The Senator I happen to be one who is, I don’t the last 10 years. from Texas probably knows that as want to say a wonk on numbers, but I well as anybody around here. So we can For my colleagues’ information, in am really picky on numbers. I think we look at it a different way. 1990, 10 years ago, budget authority was ought to be accurate on numbers. I Let’s look at it this way, for exam- $43.9 billion. Last year, it was $86.5 bil- asked people before, by how much does ple: Twenty years ago, the share of the lion. It basically doubled in the last 10 this bill grow? The Senator from Texas dollar that went for elementary and years. just says it grows by a fifth. He under- secondary education in this country states the growth by just a tad. The The bill before us is trying to grow at that came from the Federal Govern- growth in this bill is 20.4 percent in 20 percent. In other words, it will dou- ment was a little over 11 cents. In budget authority according to CBO. ble in about 4 years at twice the rate of other words, 20 years ago, 11 cents out That is a lot of BA growth. Some peo- growth of what we have done in the of every dollar that was put into ele- ple say we are growing other areas of last 10 years. I think that would be a mentary and secondary education came the budget, and that is true. No other mistake. from the Federal Government. Today, area of the budget is growing nearly as I am not critical of anyone. I com- that is down to 7 cents. We are going fast. The Defense appropriations bill pliment my colleague from Texas. He backwards. We put the burden on our we already had before us and passed, if has a good amendment. property taxpayers around the coun- my memory serves me correctly, was try. It is an unfair tax, a tax that can growing at 7-point-some percent. That I ask unanimous consent that the be highly regressive, especially in an is a lot. It is a big increase. This is chart which shows the growth in this area where there are a lot of elderly growing almost three times as much in particular area of the budget, the people who may not be working and budget authority. Labor-HHS budget, be printed in the live on Social Security, but they still People ask: What does that mean? It RECORD. It shows growth in outlays have to pay the property taxes. When means the money we authorize to be and in budget authority for the last 10 one looks at it that way, one can say spent; we are committing the Govern- years. we are shirking our responsibility. If ment to spend that amount. There being no objection, the mate- we had just kept up that 11-percent What are outlays? Sometimes out- rial was ordered to be printed in the level for the last 20 years, we would not lays are easier to figure. The growth RECORD, as follows: be having all these amendments.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 12838 CONGRESSIONAL RECORD—SENATE June 28, 2000 Second, the figures they are throwing lieved we needed to have to make sure these children are in school, they are out about a 20-percent increase is spending did not increase more than learning and they are growing. And about as phony as the piece of paper it what the budget resolution provided IDEA doesn’t just help disabled stu- is written on because that takes into for. dents. Alexandra Shannon, a 16 year account a lot of things that are not fig- His point of order is directed at ex- old student from Beavercreek, OH, be- ured into how much we are actually in- actly what we were concerned about. It lieves that ‘‘enhanced educational op- creasing programs. If one looks at the is what I might refer to, in all due re- portunities help everyone.’’ In a meet- program increases—education and the spect, as a gimmick. In considering the ing with one of my staff members just other program increases—this year 2001 budget, money that was put into a few months ago, she told of her over last year, it comes in at a little the FY 2001 budget is being moved back friend, Peter, who had learned to walk over 9 percent, somewhere between 9 into the 2000 budget in order to make at school with the help of his school- and 10 percent. available $2.4 billion more than could mates. The entire school was brought Mr. SPECTER. Mr. President, 8.2 per- be spent otherwise. closer together by the experience that cent. What does that mean? That means Alexandra called, the ‘‘joy of the Mr. HARKIN. My chairman is always that when you shove the cost back into year.’’ ahead of me on these things—8.2 per- the year 2000, you are going to use $2.4 However, even with all the success of cent. If one looks at the increases we billion of the on-budget surplus that IDEA across the Nation, the fact re- are making next year over this year, it many of us recently voted to use to pay mains that the cost to implement this comes to 8.2 percent, not 20 percent. I down the national debt. program is draining money from our wanted to make the record clear. I When we put a budget resolution to- schools and significantly impeding the yield the floor. gether, at least—I thought it meant ability of State and local educators to The PRESIDING OFFICER. The Sen- something. One of the things that dis- fund their own priorities—priorities ator from Pennsylvania. turbed me last year was that, at the that include some of the items my col- Mr. SPECTER. Mr. President, I have end of the game, we did all kinds of leagues here in the Senate think one sentence in reply, and that is, we things to exceed what we had origi- should be funded at the Federal level. will provide the details as to increasing nally anticipated to spend. So here we The cost of serving a handicapped 8.2 percent instead of the alleged 20.4 are today, trying to do the same kind student is typically twice as much as percent, but we want to do it at a later of thing we did at the end of last year. the average amount spent per pupil, point so we can move ahead with I think this Senate should sustain while in some school districts, the cost amendments. the point of order; that we ought to is higher still. Think of this. In We have two amendments lined up: live by the budget resolution we agreed Centerville, OH, Centerville High one from the Senator from Ohio, Mr. to earlier this year, and that the com- School superintendent, Frank DePalma estimates that in his school, special VOINOVICH, and one from the Senator mittee should make the hard choices. education services cost 4 to 5 times as from Louisiana, Ms. LANDRIEU. I ask One of the things that was brought much as do services for nonhandi- unanimous consent that the pending up is that in order to pay for many of capped students. He said: amendments be set aside so we can pro- the new increases in spending in new ceed with the Voinovich amendment. programs, mandatory programs were Costs for services such as occupational therapy, speech therapy and physical ther- The PRESIDING OFFICER. Without cut, mandatory programs that I think apy continue to skyrocket. objection, it is so ordered. are fundamental. Things such as the Indeed, the Cincinnati Post wrote in Ms. LANDRIEU. Reserving the right social services block grant, things such an editorial just 2 months ago that the as the CHIP program. I have been told to object, will I be next in line for an city’s public schools spend: amendment? they will be taken care of later on. My belief is that if we have a budget $40.3 million a year on disabilities edu- Mr. SPECTER. Mr. President, I ask cation. That’s nearly 11% of its $365 million unanimous consent that following the resolution and we agree to spend a cer- budget. tain amount of money, we ought to live Voinovich amendment, we proceed to That is 11 percent of their budget. the Landrieu amendment. within that budget resolution. I hope Many school districts recognize that The PRESIDING OFFICER. Without we sustain the point of order. students with disabilities require dif- objection, it is so ordered. The Senator Mr. President, few will dispute that ferent, and often, expensive needs. from Ohio. each and every child in this Nation de- They want to help their students, but AMENDMENT NO. 3641 serves to be able to obtain a quality they also need and want the financial (Purpose: To permit appropriations to be education, a fact Congress recognized help that the Federal Government has used for programs under the Individuals 25 years ago when it passed the Individ- promised. with Disabilities Education Act) uals with Disabilities Education Act. As many of my colleagues may re- Mr. VOINOVICH. Mr. President, I Since that time, IDEA has helped en- call, when IDEA was passed in 1975, send an amendment to the desk and sure that all students, regardless of Congress thought it was such a na- ask for its immediate consideration. their disability, are able to receive the tional priority, that it promised that The PRESIDING OFFICER. The educational services they need in order the Federal Government would pay up clerk will report. to attend their local school. to 40 percent of the cost of this pro- The legislative clerk read as follows: In my State of Ohio, IDEA has helped gram. The Senator from Ohio [Mr. VOINOVICH] thousands of young men and women go To date, the most that Washington proposes an amendment numbered 3641. beyond their disabilities and obtain a has provided to our school districts On page 59, line 10, insert ‘‘; to carry out quality education. under IDEA is 12.6 percent of the edu- part B of the Individuals with Disabilities Thanks to IDEA, Ohio students with cational costs for each handicapped Education Act (20 U.S.C. 1411 et seq.);’’ after debilitating problems like Cerebral child; and that was in fiscal year 2000. ‘‘qualified teachers’’. Palsy and autism have been able to re- The remainder of the cost for IDEA Mr. VOINOVICH. Mr. President, be- ceive help in reading and writing from still falls on State and local govern- fore I speak on this amendment I sent special education teachers. They can ments. to the desk, I would like to say just a use programs like Dragon Dictate—a Because the Federal Government has couple of words in regard to the point speech recognition program that can be not lived up to its commitment, IDEA of order the Senator from Texas has used to control a word processor— in amounts to a huge unfunded Federal just made. order to help them better understand mandate. When I was Governor of Ohio, I was one of the Members of the Sen- their school work. I fought hard for passage of the Un- ate who worked with the Senator from Before IDEA, these children would funded Mandates Reform Act in 1995 so Texas to place in the budget resolution have been virtually forgotten elements that circumstances like this could be certain points of order which we be- in our education system. With IDEA, avoided in the future.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12839 And just how large an unfunded man- us look as if we are ‘‘for’’ education. every education program possible. The date has IDEA become? They are high in the polls. Neverthe- truth is, many of the programs that In fiscal year 2000, Congress allocated less, I believe in the delineation of Fed- Members of Congress and the President almost $5 billion for special education eral and State responsibility, and in- want to enact should be funded at the for school-age children. If we had fund- creased funding for IDEA is a Federal State and local level. In my view, those ed IDEA at the 40 percent level that responsibility. programs would have a better chance Congress had promised in 1975, we It is one that we mandated on the of being funded if State and local gov- would have allocated $15.6 billion in school districts. It is part of our re- ernments didn’t have to divert such a fiscal year 2000 rather than $4.9 billion. sponsibility. We said we would pay for large percentage of their funds to pay In essence, a $10.7 billion unfunded 40 percent of it. It is about time we for IDEA. The Federal Government has mandate was passed along to our State paid for 40 percent of it, rather than a commitment to IDEA and that com- and local governments for IDEA. And going off on a lot of new initiatives. mitment should be fully honored. I be- that is on top of the 60 percent—or $23.3 During our debate on the fiscal year lieve our State and local leaders should billion—for which they are already re- 2001 budget resolution, I offered, and be given the flexibility they need to sponsible. So, for a federally created this body adopted, by a vote of 53–47, an spend new Federal education dollars program, our State and local govern- amendment stating that before we fund that are allocated under this bill to ments’ ‘‘share’’ in this fiscal year will new education programs, we should honor the commitment of IDEA. I ap- amount to $34 billion out of a total of make funds available for IDEA. preciate the fact that the appropria- $38.9 billion. The amendment that I am offering tions committee provided increased Indeed, Mr. R. Kirk Hamilton from today makes good on the commitment money for IDEA in this budget. Southwestern City School, Grove City, we made in the budget resolution. The fact is, we should say to our Specifically, my amendment would OH has written to me, stating that local school districts that with the $2.7 give local education agencies the flexi- IDEA is: billion which is allocated in title VI bility to take $2.7 billion of Federal an enormous, unfunded mandate which is one of the options we should give them money under title VI of this appropria- so expensive and so cumbersome that the is to fund the Individuals with Disabil- tions bill and spend it on IDEA, if they funds are not available to deliver needed ities Education Act. choose. In other words, we are saying services to children. I thank the Chair and yield the floor. that school districts, if they choose, Mr. President, that is just wrong. The PRESIDING OFFICER. The Sen- can use new money for IDEA. For all programs under IDEA, the ator from Louisiana. If the Federal Government was fully President of the United States assumes Ms. LANDRIEU. I thank the Chair. funding IDEA, most of the education an expenditure of $6.3 billion in fiscal Under the unanimous consent agree- initiatives my colleagues are pro- year 2001. That is only a $332 million ment, I have the right to offer my posing—school construction, after- increase from the $6 billion level of amendment at this time. school programs—could be and likely funding in fiscal year 2000. Mr. REID. Not until we finish the would be taken care of at the State and However, the President’s fiscal year Voinovich amendment. local level. That is how our State and 2001 budget contained a whopping $40.1 The PRESIDING OFFICER. The billion in discretionary education local education leaders want it. In February, with the help of the Voinovich amendment must be dis- spending. That is almost double the Ohio School Board Association and the posed of. $21.1 billion in discretionary education Mr. SPECTER. Mr. President, we Buckeye Association of School Admin- spending allocated by the Federal Gov- have been consulting on the complex- istrators, I contacted Ohio teachers, ernment just 10 years ago in fiscal year ities of the bill. If I understand the superintendents, and educational lead- 1991, and nearly 5 times the $8.2 billion amendment by the Senator from Ohio, ers from urban, suburban, and rural spent on discretionary education it is that the title XI block grant of districts in every part of Ohio to ask spending 25 years ago in 1976. Where is $2.7 billion, which is divided for class what they would prefer: a full Federal that money going? Think of that. size and construction, may be used for commitment to IDEA or new Federal Where is it going? other purposes at the discretion of the funding initiatives. It is important to understand that More than 90 percent of the responses local boards. If they choose not to use the White House and some of my col- I received so far have shown that it for construction or class size, it leagues on the other side of the aisle Ohio’s education community leaders could be used at their discretion. He are very good at reading polls. They prefer a full commitment to IDEA over wants to be sure those funds can be see that education is of high interest to new programs. I am confident this used for special education. the American people. same poll conducted in other States Mr. VOINOVICH. That is correct. Even though the Federal Government would produce a similar result. Mr. SPECTER. That would be accept- only provides 7 percent of the funds for Let me read a few responses I re- able. It is our purpose that the local education in this country, the White ceived. Mr. Philip Warner, Super- boards, having decided they do not House and these same colleagues con- intendent of Ravenna City School want it for the other purposes—consider themselves, sometimes, I think, wrote: struction or reduction in class size— to be members of a national school I believe school districts would benefit the may use it as they decide. We are pre- board. most if Congress met its obligations under pared to accept the Voinovich amend- They have other, new priorities that IDEA, therefore allowing school districts to ment. We are also anxious to proceed they believe Washington should fund fund programs that would be specific in each with the bill. instead of providing additional funding school district. Mr. VOINOVICH. I thank the Sen- for the federally created IDEA—pro- David VanLeer, Director of Pupil ator. grams like school construction, after- Services, Euclid City Schools, right Mr. REID. Mr. President, the minor- school programs, hiring more teachers, across the street from where I live: ity has reviewed the amendment. I improving technology and training in Congress should honor that pledge to pro- have spoken with Senator HARKIN. We schools, and creating community vide 40 percent of the cost of IDEA before have no objection to it. learning centers. They are all great any new programs are funded. The PRESIDING OFFICER. Without ideas. Doreen Binnie, speech language pa- objection, the amendment is agreed to. They are important initiatives, but thologist at Colombia local School Dis- The amendment (No. 3641) was agreed they are the responsibility of our trict responded, ‘‘Absolutely,’’ to the to. States and local communities. Of question of whether Congress should Mr. SPECTER. Mr. President, I move course, the politically expedient thing fund IDEA before new programs. to reconsider the vote. to do is to support funding for all these We must stop acting as if we are the Mr. COVERDELL. I move to lay that programs at the federal level; it makes Nation’s school board, trying to fund motion on the table.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 12840 CONGRESSIONAL RECORD—SENATE June 28, 2000 The motion to lay on the table was ther, That $750,000,000 shall be available for who tried to work on this, attempts to agreed to. targeted grants under section 1125 of the Ele- say that with some portion of this in- Mr. SPECTER. May we have a time mentary and Secondary Education Act of crease, we should increase title I be- agreement on the amendment of the 1965: Provided further, That grant awards under sec-’’. cause it is the only title that attempts Senator from Louisiana? to send money out in a way to this Na- Ms. LANDRIEU. Mr. President, this Ms. LANDRIEU. I would need about tion where the poor children, the need- amendment will not require 60 votes 20 minutes. iest children, get the help and atten- because it does not seek to waive the Mr. SPECTER. May we have a time tion, giving complete flexibility to the agreement of 30 minutes, 20 minutes Budget Act. I am somewhat in agreement with local government to decide whether it for the proponents of the measure and is additional teachers, additional re- what Senator GRAMM said and our 10 minutes for the opponents, if there sources. Title I has great flexibility. ranking member, Senator HARKIN, are opponents? about the fact that we do need to be There are few limitations, but it says The PRESIDING OFFICER. Without concerned with the amount of spend- let’s help the poorest children, whether objection, it is so ordered. ing. We need to be concerned about the it is in Louisiana or Arkansas or Mis- The Senator from Louisiana. amount of spending for education, for sissippi or California, and there are AMENDMENT NO. 3645 health, for our military. We want to many States that would benefit from (Purpose: To provide funding for targeted make sure we are making smart and this change. grants under section 1125 of the Elemen- wise investments. We want to make All of the increases Senator GRAMM tary and Secondary Education Act of 1965, talked about, whether it is a 20-percent and for other purposes) sure we are not getting back into the era of big Government or irresponsible increase or an 8-percent increase, for Ms. LANDRIEU. Mr. President, I am Government with irresponsible tax the purpose of my amendment, are not hoping there will not be opponents be- breaks. I am much inclined to support really the issue because of all of the in- cause we think this amendment makes many of the comments that were made. crease—whether 20 percent or 8 per- a lot of sense. We are happy to agree to This amendment fits that debate ex- cent—a small amount, a few tiny pen- a time limit because we are interested actly. I am hoping the leadership on nies, have been devoted to title I. The in moving this debate along. both sides will see it that way. poorest children in this Nation, who I agree with our distinguished col- Let me begin by telling my col- have no lobbyists, no big and powerful league from Ohio. I think his is a good leagues again what this amendment agencies to represent them up here, amendment. I commend him for com- does not do. It does not ask to waive have literally been left out. In addi- ing to the floor and bringing to the the Budget Act. It does not add any tion, the accountability money that Senate an issue that is very important money to this budget. It does not re- was placed in this budget in past years to Louisiana, to our educators, teach- duce one penny of title I money to any to make sure the money was going to ers, superintendents, and parents who State in the Nation. the poor districts, the middle-income are very interested in funding. I thank It simply attempts to redistribute districts, and the wealthy districts has the Senator for continuing to advocate the moneys within this budget to re- been totally taken out. for us to fulfill our commitment and flect a value about which we all speak So this bill we are debating, that has meet our promises to our special edu- on both sides of the aisle each day; either a 20-percent or 8-percent in- cation students. I hope the leadership that is, the value of trying to target crease, literally underfunds the poor would consider accepting this amend- the money in this budget to those chil- children of the Nation, the moderate- ment, which I offer in good faith, be- dren, families, and communities that income families, the lower income fam- cause it does not add money to the need the most help. ilies, who are struggling to make the budget. It simply provides greater Many communities in Louisiana, American dream possible for them- flexibility. California, New York, Michigan, and selves. Yet we all come here every day I send my amendment to the desk Mississippi are struggling to meet their and talk about widening the circle of and ask for its immediate consider- obligations to provide a quality edu- opportunity, how we want to share the ation. cation for all children, regardless of great wealth of this Nation. But when The PRESIDING OFFICER. The their race, religion, or what side of the it comes to funding education for the clerk will report. track they were born on, or whether kids who need it the most, so they can The legislative clerk read as follows: they have a lot of money in their have a chance, we say no, no, and no. The Senator from Louisiana [Ms. household or little money. That ‘‘no’’ is being said on the Demo- LANDRIEU] proposes an amendment num- We believe that in America every cratic side, the Republican side and, bered 3645. child deserves a quality education. We frankly, from the White House. Ms. LANDRIEU. Mr. President, I ask say that on this floor over and over and This is one Senator who thinks it is unanimous consent that reading of the over again. We speak these words. We wrong. If I am the only vote on the bill, amendment be dispensed with. say this. But when it comes to writing let it be so. I think there will be a few The PRESIDING OFFICER. Without our budget, which we are doing today, others. I don’t think this amendment objection, it is so ordered. we don’t do it. We don’t do it. We have will pass. I am sure it will be second The amendment is as follows: the power to do it. Fifty votes, right degreed because when we can’t agree, On page 55, strike line 21 and all that fol- now, could do this. But, unfortunately, we offer a commission—I am sure lows through page 56, line 8, and insert the I don’t think we may get more than someone is going to do that—to study following: ‘‘Higher Education Act of 1965, maybe one or two or three or four be- the issue because we have to keep $9,586,800,000, of which $2,912,222,521 shall become available on July 1, 2001, and shall re- cause we are very good at talking studying the issue of how poor children main available through September 30, 2002, about equality, fairness and justice, are affected when their education is at and of which $6,674,577,479 shall become but when it comes to writing a budget, a disadvantage. available on October 1, 2001, and shall remain we don’t do it. I will vote against a study. I am available through September 30, 2002, for As a Democrat, it is hard for me to going to vote for this amendment be- academic year 2000–2001: Provided, That say, but I have to be honest and say I cause it will simply move within the $6,985,399,000 shall be available for basic am not sure the President’s budget re- confines of this bill $750 million, which grants under section 1124: Provided further, flects that value as closely as it should. is still a reasonable amount of money, That up to $3,500,000 of these funds shall be I have to say the Republican budget from one title into the title I. available to the Secretary on October 1, 2000, to obtain updated local educational agency doesn’t reflect that value, and some of I ask unanimous consent that this level census poverty data from the Bureau of my own colleagues were not reflecting document be printed in the RECORD. the Census: Provided further, That that value. There being no objection, the mate- $1,200,400,000 shall be available for concentra- This amendment, with all due respect rial was ordered to be printed in the tion grants under section 1124A: Provided fur- to the committee and to everybody RECORD, as follows:

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12841 STATE ALLOCATIONS AT $738 MILLION (THROUGH BASIC, eral resources better than we do. I am high concentration of low-income stu- CONCEN. AND TARGETED) hoping my colleagues on both sides of dents lag behind students from more the aisle will see the wisdom in this affluent areas. This is certainly true in Landrieu State Amendment Appropriations Committee amendment. Arkansas, where students in the delta I am going to yield a few minutes of region score lower on academic Alabama ...... 144,564 134,762+10 million Alaska ...... 21,513 20,225+1 million my time to my colleague from Arkan- achievement tests than students in our Arizona ...... 140,669 130,766+10 million sas, Senator LINCOLN, who has waited more prosperous regions of the State. Arkansas ...... 89,736 84,016+5 million California ...... 1,155,500 1,075,015+80 million patiently to speak. I thank her for her To me, these statistics are a clear in- Colorado ...... 76,628 72,531+4 million support, her passion, and her interest dication that title I, which again was Connecticut ...... 83,202 77,575+6 million Delaware ...... 23,653 22,429+1 million in helping us make our point. At this created to aid the education of dis- DC ...... 31,071 28,611+3 million point, I yield 5 minutes to my col- advantaged children, isn’t working as Florida ...... 430,617 403,006+27 million Georgia ...... 249,983 234,458+15 million league from Arkansas, and then I re- well as it should. We have diluted our Hawaii ...... 23,306 21,956+2 million spectfully request the remainder of my title I program funds to so many dif- Idaho ...... 26,254 24,716+2 million Illinois ...... 362,951 332,172+30 million time. ferent areas, until they have become Indiana ...... 129,110 122,037+7 million The PRESIDING OFFICER. The Sen- less effective in the areas where they Iowa ...... 57,129 54,715+3 million Kansas ...... 62,627 59,452+3 million ator from Arkansas is recognized. are supposed to be directed—to the dis- Kentucky ...... 141,777 131,270+10 million Mrs. LINCOLN. Mr. President, I, too, advantaged. Louisiana ...... 209,188 191,242+18 million Maine ...... 35,358 33,785+2 million join my colleague, Senator LANDRIEU, Congress recognized that problem Maryland ...... 116,722 109,446+7 million in applauding what our colleague from back in 1994 when it created those tar- Massachusetts ...... 170,733 161,058+9 million Michigan ...... 380,257 353,215+27 million Ohio, Senator VOINOVICH, was doing geted grants for title I dollars. In the Minnesota ...... 94,030 89,526+5 million previously in bringing up the impor- most recent ESEA Reauthorization Mississippi ...... 134,957 124,813+10 million Missouri ...... 154,238 144,421+10 million tance of not only the program of IDEA Act, unlike basic and concentrated Montana ...... 29,986 28,346+1 million but also the importance for us to be grants, targeted grants are designed so Nebraska ...... 34,320 32,636+2 million Nevada ...... 27,397 25,713+2 million able to make good on commitments we that school districts with a high per- New Hampshire ...... 22,034 20,919+2 million have made, things we have asked our New Jersey ...... 202,046 189,679+13 million centage of low-income students receive New Mexico ...... 78,176 72,541+6 million States and our localities to do and yet a greater share of title I funding. New York ...... 874,009 803,360+71 million have not provided them the resources I think we were on to something, but North Carolina ...... 174,860 167,151+7 million North Dakota ...... 22,389 20,984+2 million to do them. unbelievably these targeted grants Ohio ...... 326,933 305,597+21 million This is just one of those requests. Oklahoma ...... 111,448 104,642+7 million have never been funded. Oregon ...... 75,647 72,354+3 million When we look at the targeted grants This is unfortunate because these are Pennsylvania ...... 376,332 351,631+25 million for the title I dollars, it is a program Puerto Rico ...... 299,038 282,528+17 million the kids who need the Federal assist- Rhode Island ...... 28,262 26,427+2 million that was authorized over 6 years ago ance the most, and it is where we could South Carolina ...... 116,887 110,255+6 million South Dakota ...... 22,223 20,672+2 million and never has been funded. That is all do the most good. Income status alone Tennessee ...... 147,499 138,396+9 million the Senator from Louisiana is asking— doesn’t determine student achieve- Texas ...... 782,711 726,154+56 million Utah ...... 37,139 35,293+2 million that we make good on our obligation ment. It is the concentration of eco- Vermont ...... 19,834 18,659+1 million that came about several years ago to nomically disadvantaged students in a Virginia ...... 136,709 128,802+8 million Washington ...... 118,831 113,362+5 million target those dollars to the neediest of school that makes the most difference. West Virginia ...... 80,579 74,627+6 million children across this Nation. After visiting dozens of schools and Wisconsin ...... 136,280 126,519+10 million Wyoming ...... 19,942 18,798+1 million And to our colleague, Senator GRAMM talking with hundreds of parents in my from Texas, who mentioned that one of home State, I am convinced that we Ms. LANDRIEU. Mr. President, this the most important things we need to have to change our approach if we want shows clearly that every State in the do in this debate is to set priorities, I to maintain public confidence and sup- Union will benefit. The poor children in say: Exactly. Let’s set the priorities of port for a strong role in education at every State will benefit significantly educating our children and under- the Federal level. In addition to more by this amendment. I will read specifi- standing that we are only as strong as targeted funding, we need tough ac- cally into the RECORD the poorest our weakest link, and that devoting countability standards to ensure stu- States that will greatly benefit, and the resources we have obligated long dents are learning core academic sub- those States are: Louisiana, Mis- ago to the neediest of children should jects, and more flexibility at the local sissippi, Alabama, Arkansas, Cali- be done. level to allow school districts to meet fornia, District of Columbia, Georgia, So I rise in support of the amend- their most pressing needs. Ultimately, Illinois, Kentucky, Michigan, New ment offered by my good friend from we have to account for the money we Mexico, New York, Texas, and West Louisiana, Senator LANDRIEU, which spend in Washington and show our con- Virginia. would provide a modest increase in stituents results to sustain their sup- Just to read out a few pretty star- title I funding and target those addi- port. tling numbers, let’s take California. tional resources to the neediest public I also call on my colleagues to sup- This amendment, without adding one schools. As I have said on many occa- port an amendment Senator penny to the budget, will give Cali- sions, I believe strongly that we need LIEBERMAN will be offering later which fornia $80 million more because they to increase the Federal investment in will address this issue. It calls for a have in certain areas a concentration public education to ensure that all stu- comprehensive GAO study of targeting of very poor children who need addi- dents have access to quality education. under title I. At the very least, I be- tional help. Louisiana will get an $18 But spending more money to help edu- lieve we have a responsibility to take a million increase. Without this amend- cators meet higher standards is only good, hard look at the current system ment, Senator BREAUX and I will basi- one part of that solution. We also have because the status quo isn’t good cally go home empty-handed to a State to ensure that Federal dollars are enough. where a headline in one of our major spent responsibly and that we allocate This amendment is an important step newspapers this week was: Louisiana’s those resources where we can make a in the right direction. I applaud my Children Suffer. real difference. colleague from Louisiana for the cour- The Kids Count Data Book just came Right now, in those title I funds, age to stand up for what is right. out. It clearly demonstrates which there are three categories. These tar- Maybe it is not the most popular, but States need the help and which States geted grants don’t receive any of that it is right. could use the help. I don’t believe in funding. Eighty-five percent goes to I urge support for this proposal. This just throwing around new money. I am basic grants and 15 percent goes to con- may not be a political issue, and this arguing for flexibility and account- centration grants. Statistics consist- certainly may not be the most popular ability. But I am also arguing that we ently demonstrate that, on average, issue with those in this body who want have an obligation to target our Fed- children who attend schools with a to keep the status quo, but it is the

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 12842 CONGRESSIONAL RECORD—SENATE June 28, 2000 right issue. It is the right decision to questions the value or mission of Title Ms. LANDRIEU. Mr. President, I will make, and it is the right amendment to I, which was enacted in 1965 to com- try to be brief as I conclude my re- support. If nothing else, this body pensate for local funding inequities and marks on this important amendment. should support this amendment on be- help level the playing field for low-in- I thank my colleague from Con- half of the neediest children in this Na- come students. But the unpleasant necticut for his extraordinary leader- tion. truth is that this well-intentioned pro- ship in the area of education. It is par- I applaud my colleague’s courage, gram is not nearly as focused on serv- ticularly wonderful and refreshing to and I appreciate her leadership in this ing poor communities as it is perceived note that there are some Members of effort. to be, leaving many poor children with- this body who will take their time and I yield the floor. out any aid or hope whatsoever. give their energy to speak on an The PRESIDING OFFICER. The Sen- According to the Department of Edu- amendment on the principles because ator from Louisiana. cation, 58 percent of all schools re- States benefit from this—and Con- Ms. LANDRIEU. Mr. President, how ceived at least some Title I funding, in- necticut most certainly benefits from much time do I have remaining? cluding many suburban schools with this. Connecticut is not one of the The PRESIDING OFFICER. The Sen- small pockets of low-income students. poorer States in the Union. I thank my ator has 5 minutes. Of the 42 percent that don’t receive any colleague for his extraordinary leader- Ms. LANDRIEU. Mr. President, I Title I support, a disturbing number ship and commitment, even though he yield 4 of those minutes. But I ask for have high concentrations of poor stu- doesn’t come from a State where the an additional 5 minutes. dents. In fact, one out of every five Mr. COVERDELL. Mr. President, I per capita income is low. It is quite schools with poverty rates between 50 high. It makes his leadership on this have no objection. percent and 75 percent do not get a Ms. LANDRIEU. I thank the Senator. issue all the more inspiring. I thank dime from Title I. Let me repeat that him for his help. I yield 5 of those minutes to my col- startling statistic, because the first league from Connecticut, and I would Connecticut will do well under this time I heard it I did not believe it—one formula, as will many other States. like 5 minutes to close. of every five schools that have half to The PRESIDING OFFICER. The Sen- But it is the States that have poorer three quarters of its children living in ator from Connecticut. rural students and poorer urban stu- Mr. LIEBERMAN. I thank the Chair. poverty receives no Title I funding. dents that will do the best because that I thank my friend and colleague from None. is what the Federal Government should How does this happen? The formulas Louisiana. be doing with a portion of our edu- we are using to allocate these funds Mr. President, I commend my friend cation money, helping to level the purposely spreads the money thin and and colleague from Louisiana, Senator playing field. wide. Any school district with at least LANDRIEU, and express my strong sup- We talk a lot about opportunities, 2 percent of its students living below port for her amendment to better tar- and then we don’t fund them. We talk the poverty level qualifies for funding get our Federal education funding to a lot about fairness, but we don’t fund under Title I’s Basic Grants formula, the schools and children who need it it. We talk a lot about equality, but we through which 85 percent of all Title I most. I know from our collaboration on don’t fund it. funding is distributed. The rest of the our comprehensive new Democrat edu- Mr. President, talk is cheap. Whether money is channeled through the Con- cation reform plan, the Three R’s legis- it comes from this side, that side, or centration Grant formula, which is down Pennsylvania Avenue, that is lation, that Senator LANDRIEU’s com- only marginally more targeted than what this amendment is about. That is mitment to rescuing failing schools the Basic formula, providing aid to dis- why I am insisting on a vote. That is and providing every child with a qual- tricts with as few as 15 percent of their why, while a study may be helpful, ity education is unsurpassed in this students at the poverty level. As a re- what really would be helpful is a vote body. sult, almost every school district in I also want to thank my friend and for the poor kids of this Nation. the country—9 out of every 10—re- colleague from Arkansas for her devo- One of the great Presidents of one of ceives some aid from this critical aid tion to this cause, and for her very elo- our distinguished universities said: If pool. quent statement on behalf of this In fairness, Congress did make an ef- you think education is expensive, try amendment. fort to correct this imbalance in 1994 ignorance. As Senator LANDRIEU and many oth- through the last reauthorization of the I offer to this body that there is not ers have rightly pointed out, we are ESA. We approved the creation of a any way in this world, not with any tax facing an educational crisis in our new Targeted formula, which puts a cut, not with any fancy new tech- poorest urban and rural communities, much heavier weight on poverty and nology, not with any new program that where learning too often is lan- therefore would direct a much higher anybody in this Chamber can think of, guishing, where dysfunction is too percentage of funds to schools with we can help sustain this economic mir- often the norm, and where as a result higher concentrations of poor children. acle of growth if we don’t fund a qual- too many children are being denied the The key word there, of course, is ity education for every child in this promise of equal opportunity. It is just would. Congress has unfortunately Nation. not right or acceptable that 35 years never appropriated funding through the Mr. President, this budget doesn’t do after the passage of the Elementary Target formula. Not a penny, Instead, it. and Secondary Education Act, that the we have perpetuated a system that This amendment helps to target average 17-year-old black and Latino promises one thing and delivers an- some money to the kids who need it student reads and performs math at other, that succeeds in letting us bring the most. We need to put back our ac- the same level as the average 13-year- home funding to each of our districts countability money, put our money old Caucasian American student. We but fails to meet its fundamental goal where we say our values are. must begin to respond to this emer- of helping those most in need. I yield the floor, and I ask for a vote gency with a greater sense of urgency, That is exactly what this amendment on my amendment. and that is exactly what the Landrieu introduced by the junior Senator from Mr. LOTT. Mr. President, parliamen- amendment aims to do, infusing $1 bil- Louisiana will do. Once again, I con- tary inquiry: I believe Senator REID lion in new funding for FY 2001 into the gratulate her on her leadership. This is was going to offer a second-degree Title I program for disadvantaged stu- an amendment which would put our amendment on this matter. dents and allocating those resources to money where the needs generally are. I The PRESIDING OFFICER (Mr. the districts with the highest con- urge my colleagues to support it. BROWNBACK). A second degree amend- centrations of poverty. I thank the Chair. I yield the floor. ment would not be in order until the We are currently spending $8 billion a The PRESIDING OFFICER. The Sen- time has been used. year on Title I. No one in this body ator from Louisiana. Mr. LOTT. How much time remains?

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12843 The PRESIDING OFFICER. The Sen- on list; Lott, Energy, No. 3615; Murray, Class Mr. SPECTER. If I may respond, my ator from Pennsylvania has 10 minutes size; Nickles, Relevant to any on list; Nick- preference would be to move for the and the Senator from Louisiana has 2 les, Relevant to any on list; Nickles, Rel- poor schools first. evant to any on list. minutes. Nickles, Relevant to any on list; Nickles, In constructing this bill, there were Mr. LOTT. Mr. President, I renew the Relevant to any on list; Nickles, Health care; many objections as to how the money unanimous consent request with re- Reed, Gear-Up, Nos. 3637, 3638, 3639; Reed, Im- was going to be allocated. The only spect to the limit of first-degree munization; Reed, Summer job; Reed, Youth way we could work through the com- amendments to the pending bill and violence-drug and gun free schools; Reed, plications was to put it in title VI. send the list of amendments to the Relevant. That was not my first choice, nor are desk. Reid, National Institute of Child Health, the programs my first choice. No. 3599; Reid, Relevant; Reid, Relevant; The PRESIDING OFFICER. Without Robb, School Construction; Schumer, Voca- Working through a great many con- objection, it is so ordered. tional rehab; Schumer, Cancer funding; siderations, we ended up in title VI The list of amendments is as follows: Schumer, Relevant; Smith, (NH) CHIMPS, leaving the options to school districts, Ashcroft, Medicare; Baucus, Medicare; No 3603. if they choose not to have construc- Baucus, Impact aid; Bayh, State children’s Smith (NH), CHIMPS, No. 3670; Smith tion, or if they choose not to have re- health program, No. 3614; Bingaman, Energy, (NH), Invasive medical tests in schools; duction in class size. That is an accom- No. 3652; Bingaman, Drop out; Bingaman, Smith (NH), Davis-Bacon; Smith (NH), modation to very many disparate Tribal colleges; Bingaman, Relevant. Davis-Bacon; Smith (NH), Relevant; Smith Bingaman, Relevant; Bingaman, Relevant; (NH), Relevant; Specter, Managers amend- views. Bingaman, Relevant; Bingaman, Relevant; ment; Stevens, Relevant. Ms. LANDRIEU. I thank the Senator Boxer, Relevant; Boxer, Relevant; Boxer, Stevens, Relevant; Torricelli, Fire sprin- for his honesty, and I yield the floor. Relevant; Breaux, Point of order. klers; Torricelli, HCFA regulation; Mr. SPECTER. Mr. President, I ask Brownback, Disease treatment, No. 3640; Torricelli, Lead poisoning; Torricelli, Lead unanimous consent, and this has been Brownback, Family research, No. 3646; Byrd, poisoning; Torricelli, Lead poisoning; cleared on the other side, that the vote Relevant; Byrd, Relevant; Collins, Torricelli, Cost effective emergency trans- on the Landrieu amendment be set at Defibrillator, No. 3657; Collins, Defibrillator, portation, No. 3612. Wellstone, Perkins Loan cancellations; 7:45. No. 3643; Collins, Drug treatment for home- Mr. LOTT. Mr. President, if I could less, No. 3642; Collins, Rural education. Wellstone, Stafford Loan forgiveness; Conrad, Relevant; Conrad, Relevant; Wellstone, NIH grants and drug pricing; amend that request to ask consent that Coverdell, Contracts with criminals, No. Wellstone, Child care, No. 3644; Wellstone, votes occur on the pending amend- 3647; Coverdell, Needles, No. 3648; Daschle, Social services, No. 3596; Wellstone, Suicide ments at 7:45 in the order which they Discrimination; Daschle, Relevant; Daschle, prevention; Wellstone, 1.1 billion advance were debated, with no second-degree Relevant to any on list; Daschle, Relevant to LIHEAP; Wellstone, Relevant; Wellstone, amendments in order prior to the Relevant; Wyden, NIH. any on list. votes, and that there be 2 minutes for Daschle, Relevant to any on list; DeWine, Mr. LOTT. Mr. President, the Sen- explanation prior to each vote. Troops to teachers, No. 3591; DeWine, Poison ator from Louisiana has 2 minutes re- Mr. REID. Reserving the right to ob- control, No. 3592; Dodd, After school pro- maining. Does she wish to use that gram; Dodd, Restraints; Dodd, Relevant; ject, there will be a motion to table on time or reserve it? the Landrieu amendment. There will be Domenici, Telcom training center, No. 3651; Ms. LANDRIEU. I thank the distin- a motion to table on the Jeffords Domenici, Telecom training center, No. 3662. guished leader. I have made my closing Dorgan, Relevant; Dorgan, Relevant; Dor- amendment. We would not want a right arguments. If there is no one else to gan, Institutional Development Award Pro- taken away, in case a motion to table gram, No. 3611; Durbin, Asthma, No. 3606; speak, I am happy to receive a motion on the amendment so we can call for a fails, to second degree. Durbin, Asthma, No. 3607; Durbin, Immuniza- Mr. LOTT. That is not limited by tion, No. 3608; Durbin, Immunization, No. vote. 3609; Edwards, Relevant. Mr. SPECTER. Mr. President, I have this. Edwards, Plan to eliminate syphilis, No. a very short statement to make. I further ask consent that the time 3613; Enzi, OSHA (ERGO), No. 3660; Feingold, I applaud the Senator from Louisiana between now and 7:45 be equally di- Defibrillations; Feingold, Relevant; Fein- for this amendment. I do believe it is a vided on the Jeffords amendment. gold, Campaign finance; Feingold, Campaign very good idea to target funds for dis- The PRESIDING OFFICER. Without finance; Feinstein, Master teachers; Frist, advantaged children under title I. The objection, it is so ordered. Education research, No. 3654. The Senator from Vermont. Graham, Social services, No. 3595; Graham, difficulty is that the $600 million will AMENDMENT NO. 3655 Healthcare providers, No. 3597; Graham, be taken from title VI, where we have Health; Graham, Health; Graham, Relevant; already allocated the principal sum of (Purpose: To increase the appropriations for Gramm, Budget limit, No. 3667; Gramm, Rel- those funds to meet the President’s re- carrying out the Individuals with Disabil- evant; Harkin, School construction. quirements for new school construction ities Education Act, with an offset) Harkin, Discrimination; Harkin, Relevant; and for class size on the condition that Mr. JEFFORDS. Mr. President, I now Harkin, Relevant; Helms, School facilities; local boards may use it for other pur- send amendment No. 3655 to the desk. Hollings, Amendment; Hollings, Amend- The PRESIDING OFFICER. The ment; Hollings, Amendment; Hutchinson, poses if they decide they do not need classroom construction or additional clerk will report. NLRB, No. 3627. The assistant legislative clerk read Hutchinson, Medicaid waivers; Jeffords, teachers. IDEA, No. 3655; Jeffords, Medicine manage- When the Senator from Louisiana as follows: ment, No. 3656; Jeffords, Public Health Serv- concludes, I will move to table the The Senator from Vermont [Mr. JEF- ice Act, No. 3677; Jeffords, High school, No. amendment. FORDS], for himself, Mr. GREGG, Mr. FRIST, 3676; Kennedy, Mental health services; Ken- Ms. LANDRIEU. I ask the Senator, is Mr. ENZI, Mr. HUTCHINSON, Ms. COLLINS, Mr. nedy, Health professionals; Kennedy, Job it not true that there is a $1.5 billion HAGEL, Mr. SESSIONS, Mr. BROWNBACK, Mr. DEWINE, Mr. SANTORUM, and Mr. VOINOVICH, training. increase in title VI; yet there is a very Kennedy, Relevant; Kennedy, Relevant; proposes an amendment numbered 3655. small percentage or a $400 million in- Kennedy, Health care; Kennedy, Health care; Mr. JEFFORDS. Mr. President, I ask crease for title I? If we are going to Kerrey, Web-based education, No. 3605; unanimous consent reading of the build schools or reduce class size, and Kerry, Technology literacy, No. 3636; Kerry, amendment be dispensed with. Technology, No. 3659; Landrieu, Adoption this is a question, does the Senator The PRESIDING OFFICER. Without services, No. 3668. think we should try to do it for the objection, it is so ordered. Lautenberg, Health spending; Lautenberg, poorer communities first and then we The amendment is as follows: Relevant; Leahy, Office of Civil Rights; can do it for everyone else? That is Levin, Relevant; Levin, Relevant; what my amendment attempts to do. I On page 58, line 15, strike ‘‘$4,672,534,000’’ Lieberman, GAO study on Title I funds; and insert ‘‘$3,372,534,000’’. Lieberman, Targeted education, No. 3650; ask the Senator that. On page 58, line 17, strike ‘‘$2,915,000,000’’ Lott, Relevant. Is that in the interest of the Nation, and insert ‘‘$1,615,000,000’’. Lott, Relevant to any on list; Lott, Rel- to do it for the poor schools first and On page 58, line 22, strike ‘‘$3,100,000,000’’ evant to any on list; Lott, Relevant to any then worry about everyone else? and insert ‘‘$1,800,000,000’’.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 12844 CONGRESSIONAL RECORD—SENATE June 28, 2000 On page 58, line 26, strike ‘‘$2,700,000,000’’ board in Vermont, that IDEA should be In the 105th Congress we felt it im- and insert ‘‘$1,400,000,000’’. our very first priority. portant to reaffirm our commitment to On page 60, line 16, strike ‘‘$7,352,341,000’’ In 1974 we made a commitment to full funding for IDEA. We added lan- and insert ‘‘$8,652,341,000’’. On page 60, line 19, strike ‘‘$4,624,000,000’’ fully fund IDEA. If 25 years later we guage to the fiscal year 1999 Budget and insert ‘‘$5,924,000,000’’. cannot meet this commitment in an that stated that IDEA should be fully Mr. JEFFORDS. Mr. President, I ask era of unprecedented economic pros- funded as soon as feasible. And it is unanimous consent that Senators perity and budgetary surpluses, when feasible now. We know that. This lan- do we plan to keep this pledge? COVERDELL and CHAFEE be added to the guage was adopted unanimously by the When I first arrived in Congress, one other cosponsors of the amendment. Senate. At that time, we still faced of the very first bills that I had the The PRESIDING OFFICER. Without budget deficits and it was argued that privilege of working on was the Edu- objection, it is so ordered. full funding was not feasible. Mr. JEFFORDS. Mr. President, I cation of All Handicapped Act of 1975. In the 106th Congress we continued to As a freshman Member of Congress, I begin by commending my colleague press for full funding for IDEA. The fis- was proud to sponsor that legislation from Pennsylvania for his leadership as cal year 2000 appropriations provided a and to be name as a member of the chairman of the Labor, HHS, Edu- $600 million increase in funding for House and Senate conference com- cation, and related agencies sub- IDEA. During the debate over the 2001 mittee along with my chairman Johns committee. His efforts to increase Budget Resolution the Senate adopted Brademus and then Vermont Senator funding for education and health care language that I advocated calling for Bob Stafford. full funding of IDEA as soon as fea- often receive too little attention. I At that time, despite a clear Con- sible. offer him my thanks on behalf of all stitutional obligation to educate all The appropriations bill that is before Members who share our dedication to children, regardless of disability, thou- us raises funding for IDEA by $1.3 bil- education. sands of disabled students were denied lion in fiscal year 2001. I commend Sen- He has had a challenging job crafting access to a free and appropriate public ator SPECTER and Senator HARKIN for appropriations bills that balance the education. Passage of the Education of providing for this historic increase in many real and competing needs of the All Handicapped Act offered financial funding for IDEA. Nonetheless, this in- Nation. He has been a strong advocate incentives to states to fulfill this exist- crease does not put us on the path to- for education funding and an even ing obligation. stronger advocate for the funding of Recognizing that the costs associated ward fully funding this program. IDEA. He has been an equally strong with educating these children was Our amendment is simple. It doubles advocate for more funding for the Na- more than many school districts could the increase that is provided in the bill tional Institutes of Health. This year bear alone, we pledged to pay 40 per- and provides IDEA with an increase he has once again taken up the chal- cent of these costs of educating stu- that is comparable to the increase that lenge of balancing competing needs. dents. Senators SPECTER and HARKIN have The appropriations bill he brought to I know that there is some disagree- provided for the National Institutes of the Senate is a product of difficult ne- ment about whether or not a commit- Health. gotiations between competing view- ment was made. I want to tell you as It provides a path by which we will points. someone that was there at the time achieve full funding for IDEA by fiscal Because of my respect for my friend that we made a pledge to fully fund year 2005. It sends a clear message to from Pennsylvania, I come to the floor this program. the Nation that we, as a body, make with an amendment only because of my I have in my hands a petition from good on the commitment we make. conviction that there is an unmet Fed- every school board in my State. I urge I urge my colleagues to join me in eral obligation that must now be met all of my colleagues to come by my supporting this amendment. in full. Almost all the Members of this desk and look at these petitions. They Good Lord, if we can’t do it now with body have gone on record in support of know we made that commitment. Pass- budget surpluses and the economy we fully funding our commitment to our ing this amendment will do more to have, if not now, when will we do it? I local schools. We should fully fund help our school districts meet their ob- do not believe anyone can rationally IDEA for special education. ligation to improve education in this argue this is not the time to fulfill that I also commend my good friend from country than nearly anything else we promise. I intend to do all I can to Iowa, Senator HARKIN, who has been a can do. make sure we do. tireless champion of education funding In 1997 Congress once again took up Mr. President, I reserve the remain- and health care funding. this landmark legislation. This a com- der of my time and yield the floor. I anticipate that the opponents of my plex bill that has profound impact on The PRESIDING OFFICER. Who amendment may argue that this classrooms across the Nation. With the yields time? The Senator from Iowa. amendment should be defeated because strong leadership of Senator LOTT, Mr. HARKIN. Mr. President, how it takes funds from one education pro- Senator FRIST, Senator GREGG, Sen- much time remains? gram and provides it to another. I, too, ator KENNEDY, Senator DODD, Senator The PRESIDING OFFICER. The Sen- support increased funding for edu- HARKIN, and many others, we passed ator from Iowa controls 14 minutes. cation, and have voted repeatedly over the first reauthorization of IDEA in 22 Mr. HARKIN. Mr. President, I rise in the past several days to waive the years. It is an accomplishment that opposition to the amendment offered Budget Act in order to secure addi- many of us are very proud of. by my friend from Vermont. I want to tional funds for education. It is clear, At that time, we reaffirmed our com- make it clear I am not rising in opposi- however, that this does not reflect the mitment to pay 40 percent of the costs tion to his goal. Senator JEFFORDS’ will of the Senate. of educating children. We made this goal is the same goal I have. We both Because it is very clear that there is pledge to families, to school boards and want to do everything we can to fully not sufficient support for an amend- to the Governors of our States. Over fund, on the Federal level, our stated ment which would exceed the budget the past 3 years, we have made some goal of paying 40% of the costs of spe- caps, we must make difficult choices progress. cial education. We should do it. So I regarding which programs should be But as my good friend from New agree with the Senator on that. Sen- given priority. I have been a longtime Hampshire has pointed out several ator JEFFORDS has been a stalwart sup- advocate for funding for the title VI times over the past year, we are only porter of that goal. I believe I have block grant program. This appropria- supporting 13 percent of these costs. In been, too. So I do not rise in opposition tions bill provides this program with a 1975, we made a pledge which we did to what my friend from Vermont is $2.7 billion increase, while providing a not keep. In 1997 we made that same trying to do Just like me, he wants to $1.3 billion increase for IDEA. I believe, pledge once again when we reauthor- educate kids with disabilities and en- and this belief is held by every school ized IDEA. sure the Federal Government meets its

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12845 authorized funding goal that was stating that money and putting it into is an allowable use under title VI. I be- ed in the bill, in IDEA, when it was IDEA, is penalizing kids with disabil- lieve that is well covered in the passed 25 years ago. ities who need these schools modern- Voinovich amendment. I do, however, feel compelled to clar- ized and upgraded. But then the Sen- Again, the Senator wants to restrict ify once again, as I have every year ator proposes that he is putting the the use of the construction and mod- that this issue has come up, usually money in IDEA to help kids with dis- ernization money. A lot of it will be presented by the Senator from New abilities. Please, someone make some used for accessibility. Some may not Hampshire, the terms of the 40 percent. sense out of that for me. be. Some may be used to repair a ceil- The stated assumption that the Fed- As I said, the Senator’s intentions ing. A ceiling is leaking, and they need eral Government is to fund 40 percent are very good and laudable to increase to repair it. It might not just help kids of the cost of educating children with funding for IDEA. If he were to do this with disabilities, it would help all kids. disabilities is not correct. You must in an open way and say we ought to in- I would not want to narrow it this way. look at the legislation. The authorizing crease money for IDEA, I would be on Mr. JEFFORDS. Again, I want to legislation of 25 years ago authorized his side, but not at the expense of point out that the people’s under- the maximum award per State as being school modernization and construction standing of our responsibilities are the number of children served times 40 because it is kids with disabilities, pretty clear in this case. If there is a percent of the national average per maybe above all others, who need to statutory obligation and a commit- pupil expenditure. It was not 40 percent have some of these schools modernized, ment to fully fund a program—as there of the cost of educating kids with dis- I say to my friend from Vermont. is in IDEA—this should be our highest abilities. Second, we just adopted an amend- priority. And again, I remind my col- Mr. JEFFORDS. I did not say it was. ment offered by Senator Voinovich league that this body has gone on I carefully deleted that and said it is from Ohio. I said: Yes, we will accept record in vote after vote that we the cost of educating a child. it. The amendment of the Senator from should fully fund IDEA. To suggest Mr HARKIN. A child? Then the Sen- Ohio says the schools can use title VI that fully funding IDEA should not be ator is correct. Usually it is stated the money, an allowable expense, to meet given higher priority than our desire to other way around. The Senator cor- the requirements of IDEA. I submit to create a new construction program, is rectly stated the law. my friend from Vermont that the ac- to abandon our original commitment. But back to the point I wanted to ceptance of the Voinovich amendment Certainly, if you owe money to a bank, make. Should we reach that 40-percent takes care of that. It leaves the money that is a first priority over putting goal? Absolutely. We should have in there for school modernization and money in your savings account. We made these pledges. The people reached it a long time ago. I agree the construction. However, out of the total back home know that the best way to Federal Government has fallen down pot of title VI money, the VOINOVICH improve education using Federal on its effort to reach that goal. amendment says that one of the allow- money is to have financial relief from What I rise in opposition to is how able uses would be to use it to meet the the pressures of IDEA. It should be ob- my friend from Vermont does this. requirements of IDEA. vious what our conscience is telling us. What my friend is doing is he is taking I hope that will satisfy the Senator We should fully fund the obligations we money out of title VI, which was put in from Vermont. It still leaves the made back in 1975. That should be our there for school construction and mod- money in there for construction and primary priority. We said it over and ernization—$1.3 billion. modernization. I want to make that over again and now we are turning our He is taking that money and saying clear. Because this is where I differ back on our commitment. We say: No, it should be used to help meet our with my friend from Vermont. Under we are going to use it for other things, goals on IDEA. his amendment we will have zero dol- and we are going to use it for things for Again, it is a classic case of robbing lars for school construction and mod- which we have not already made a Peter to pay Paul. Do we have a need ernization. Zero. At least with the commitment, and that is to help with for the Federal Government to educate Voinovich amendment, they will be the construction of schools. School kids with disabilities and meet its able to decide what they want to do. construction has always been a state goals to our States? Yes. We ought to They will have money in there for and local responsibility. Fully funding fully fund IDEA. school modernization and construction. IDEA will allow local communities to Do we also have a responsibility to I hope the Senator from Vermont fund their own priorities, including help States and our local school dis- will perhaps reconsider this amend- construction. tricts rebuild our dilapidated and ment. I know the goal is laudable. I urge my friends to recognize our crumbling schools? I believe the answer Heck, I support that. We ought to fund commitment to fulfill the promise we to that is yes. The average school in IDEA, but not take it out of school made and to use these funds to fund America now is over 40 years old. They construction and modernization. IDEA. are crumbling. They need to be mod- I hope we can move beyond this and Look at these petitions from every ernized. They need to be updated. meet our obligations to all our children single school board in my state. Every I say to my friend from Vermont— in this country in education and not school district in the state says that and he is my friend and he is a great penalize one group to help another the first thing we should do is fulfill supporter of education, I know that— group. In this case, we penalize kids our promise to fully fund IDEA. but I ask my friend to consider this: with disabilities to help kids with dis- Mr. President, I yield the floor. When we modernize schools and rebuild abilities. That does not seem to make Mr. HARKIN. Mr. President, how schools, one of the biggest beneficiaries much sense to this Senator. I yield the much time do I have remaining? is a kid with a disability. I want the floor. The PRESIDING OFFICER. The Sen- Senator to consider that because when The PRESIDING OFFICER. The Sen- ator from Iowa has 4 minutes. many of our old schools were built, ator from Vermont. Mr. HARKIN. I just heard my friend they were not accessible. The doors are Mr. JEFFORDS. Mr. President, I sug- from Vermont say some magical words too narrow, the bathrooms are not ac- gest to the Senator from Iowa, perhaps with which I totally agree. I wrote cessible, and even the drinking foun- we can add a phrase to this amendment them down as he said them: ‘‘Take tains are not accessible, especially for that says the communities should budget surpluses and meet our commit- someone who uses a wheelchair. make it a high priority to fix any prob- ments.’’ I agree with that. When we talk about school construc- lems with access. Would he then sup- Do you know what? Just this week tion and modernization, we talk about port this amendment? we now found out we are going to have $1.3 billion, which is a mere pittance of Mr. HARKIN. The Senator asks me a $1.9 trillion over the next 10 years we what is required. What the Senator legitimate question. As I understand it, didn’t know we were going to have in from Vermont is actually doing by tak- under the Voinovich amendment, IDEA surplus.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 12846 CONGRESSIONAL RECORD—SENATE June 28, 2000 If my friend from Vermont wants to wherewithal to do it. And that is what Mr. HARKIN. I want to see if the offer an amendment to fully fund we ought to stick with. chairman wants to say anything. IDEA, and to take it out of the sur- If the Senator wants to offer an Mr. SPECTER. Mr. President, I know pluses, I am with him 100 percent of the amendment to fully fund IDEA, take it the Senator from Vermont believes way because he would be right on. The out of the $1.9 trillion budget surplus— very deeply about the importance of Senator just said that: ‘‘Let’s take our ‘‘take it out of the budget surpluses,’’ the IDEA program and the necessity budget surpluses.’’ I agree with that. as my friend said, I am in lockstep and desirability of the Federal Govern- That is not what my friend is doing. with him because that is what we ment to fund it. He is taking it out of school mod- ought to be doing with that surplus. We The difficulty is—and we wish we had ernization and construction. ought to be meeting this basic goal of more funds in the education budget, al- I say to my friend from Vermont, if our Federal Government. though this budget has $4.5 billion you want to rewrite the amendment Of course, while I believe some of the more than last year, and $100 million and take it out of surpluses in the fu- surplus should be invested in quality more than the President’s figure—but ture, I am with you. education, we don’t need to touch the when it comes out of the construction Mr. JEFFORDS. If I may respond. surplus to meet the goal of fully fund- account, or any other account, they Mr. HARKIN. Sure. ing IDEA. There are many savings we are very carefully calibrated to provide Mr. JEFFORDS. I say to the Senator, could achieve that could more than pay the appropriate balance. as you know, I have voted that way. In for the investment. The construction account is one of fact, I offered the amendment to the For example, look at Medicare fraud, the President’s priorities. We have met budget resolution that would have done waste and abuse. While we’ve cut it that, as with class size, subject to the that. My amendment would have made over the last few years, the HHS IG discretion of the local school boards. If mandatory money available for IDEA. testified before our Subcommittee this they make a finding they do not need But it was rejected. I agree with my March that last year Medicare made additional buildings or additional friend from Iowa that we should dedi- $13.5 billion in inappropriate payments. teachers, they may use it for what they cate more of the surplus to fully fund- Eliminating that waste alone would choose. It may be that they could use ing IDEA. It is the right route, but we more than pay for IDEA. Yet, the it for the purposes articulated by the were turned down by three votes. It House passed Labor-HHS bill actually distinguished Senator from Vermont. failed. cuts funding for auditors and investiga- So it is with reluctance that we are op- Now I am trying to use a different tors. That means we would lose hun- posing his amendment. And I move to route. I am interested in offering an dreds of millions more to fraud and table. amendment that I hope will be sup- abuse. Mr. HARKIN. Mr. President, I sug- ported by a simple majority of this In addition, I’ve introduced The Fis- gest the absence of a quorum. body. An amendment which funds edu- cal Responsibility Act of 1999 to pro- The PRESIDING OFFICER. The cation using the surplus is in violation mote greater fiscal responsibility in clerk will call the roll. of the budget resolution and must be the Federal government by eliminating The assistant legislative clerk pro- approved by a sixty vote majority. The special interest tax loopholes, reducing ceeded to call the roll. Senate has repeatedly voted to reject corporate welfare, eliminating unnec- Mr. REID. Mr. President, I ask unan- similar amendments. essary programs, reducing wasteful imous consent that the order for the This amendment is the one that has spending, enhancing government effi- quorum call be rescinded. a chance to succeed in spite of the lim- ciency and requiring greater account- The PRESIDING OFFICER. Without itations imposed by the budget resolu- ability. This bill would result in sav- objection, it is so ordered. tion. We can take the money from a ings of approximately $20 billion this AMENDMENT NO. 3645 brand new program, which we are year and up to $140 billion over five The PRESIDING OFFICER. There doing, and shift it over to IDEA where years. are 2 minutes for debate prior to the I believe it ought to be our first pri- For example, by enhancing the gov- vote on the Landrieu amendment. ority. That is something we can do on ernment’s ability to collect defaulted Who yields time? this bill. We can’t tap the surplus now, student loans, the bill would save $1 Mr. SPECTER. Mr. President, we as I tried during the budget resolution. billion over five years. By ending tax would ask the proponent of the amend- That was turned down. deductions for tobacco promotions that ment to step forward to debate. Mr. HARKIN. As the Senator knows, entice our children to smoke, we’d save The PRESIDING OFFICER. The Sen- I supported that when he offered it. $10 billion. And by limiting the foreign ator from Iowa. Mr. JEFFORDS. Right. tax credit that allows big oil and gas Mr. HARKIN. Mr. President, I move Mr. HARKIN. That was on the budg- companies to escape paying their fair to table the Landrieu amendment and et. This is on appropriations. share of royalties, we’d save about $3.1 ask for the yeas and nays. I say to my friend, offer an amend- billion. The PRESIDING OFFICER. The moment. The Senator can offer an amend- The PRESIDING OFFICER. The Sen- tion to table has already been made on ment right now to fully fund IDEA and ator from Vermont. the Landrieu amendment. take it out of budget surpluses. I will Mr. JEFFORDS. Mr. President, how Is there a sufficient second? support him on it right now. much time do I have left? There appears to be a sufficient sec- Mr. JEFFORDS. It will take 60 votes The PRESIDING OFFICER. The Sen- ond. and fail. ator from Vermont has 1 minute. The yeas and nays were ordered. Mr. HARKIN. Who knows if it will Mr. JEFFORDS. Good. The PRESIDING OFFICER. The Sen- fail? Wouldn’t it be nice to try? The PRESIDING OFFICER. The Sen- ator from Iowa. Mr. JEFFORDS. Sure. If I fail, you ator from Iowa. Mr. HARKIN. Mr. President, par- can try. All right? Mr. HARKIN. Mr. President, how liamentary inquiry: I just moved to Mr. HARKIN. We should not be tak- much time do I have? table the Landrieu amendment, and ing it out of school construction and The PRESIDING OFFICER. The Sen- the Chair advised me a motion had al- modernization—not at all. Our local ator from Iowa has 1 minute. ready been made to table. And I might school districts need this money. Go Mr. JEFFORDS. I am willing to yield ask, by whom was that made? out and talk to your school districts. back my 1 minute. The PRESIDING OFFICER. The Sen- The people who are paying our prop- Mr. HARKIN. The Senator from ator from Pennsylvania, prior to the erty taxes are getting hit pretty darn Pennsylvania may want a minute. quorum call, made a motion to table. hard. Ceilings are falling down. They The PRESIDING OFFICER. Does the Mr. HARKIN. I ask the Senator from are leaking. They need this help from Senator from Iowa yield back his Pennsylvania, I believe the Senator the Federal Government. We have the minute? from Pennsylvania was moving to table

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12847 the Jeffords amendment and not the The result was announced—yeas 75, Mr. SPECTER. Mr. President, I agree Landrieu amendment. nays 23, as follows: with my distinguished colleague from The PRESIDING OFFICER. At 7:45, [Rollcall Vote No. 158 Leg.] Vermont that it would be desirable to the Landrieu amendment was pending. YEAS—75 put more money into the program for The motion to table was made. Abraham Feingold Murray individuals with disabilities. But in Mr. HARKIN. I believe the hour of Akaka Fitzgerald Nickles constructing this bill, we have tried to 7:45 had not arrived at that point, and Allard Frist Reed fashion it in a way that it will be that Senator Jeffords had made his re- Ashcroft Gorton Reid Baucus Gramm Robb signed by the President. We have put marks. I believe the Senator from Bennett Grams Roberts the money into construction to meet Pennsylvania was moving to table the Bingaman Grassley Rockefeller requests with the proviso that if the Jeffords amendment. Bond Hagel Roth local boards do not need it for con- Mr. SPECTER. Mr. President, if I Boxer Harkin Santorum Brownback Hatch Sarbanes struction, or want it, they can use it as moved to table, I withdraw the motion Burns Hollings Schumer they choose. If we had additional funds, and yield to the Senator from Iowa to Byrd Hutchinson Sessions I would be delighted to acknowledge Campbell Hutchison Shelby make a motion. Senator JEFFORDS’ request. But in its The PRESIDING OFFICER. The Sen- Chafee, L. Inhofe Smith (NH) Cochran Jeffords Smith (OR) present form, we cannot take those ator from Iowa. Collins Johnson Snowe funds without increasing the chance of Mr. HARKIN. Mr. President, now I Conrad Kennedy Specter a veto. understand the Senator from Louisiana Coverdell Kerry Stevens Craig Lautenberg Thomas This carefully constructed bill ought is here, and she wants a minute. I will Crapo Levin Thompson to stand. Therefore, I move to table the make my motion to table after her Daschle Lott Thurmond Jeffords amendment, and I ask for the minute. Dodd Lugar Voinovich yeas and nays. The PRESIDING OFFICER. The Sen- Domenici Mack Warner Dorgan Mikulski Wellstone The PRESIDING OFFICER. Is there a ator from Louisiana. Enzi Murkowski Wyden sufficient second? Ms. LANDRIEU. Mr. President, I was NAYS—23 There is a sufficient second. under the impression that perhaps the The question is on agreeing to the Bayh Edwards Leahy other amendment would go first on the motion to table amendment No. 3655. vote, but I thank my colleagues for Biden Feinstein Lieberman Breaux Graham Lincoln The clerk will call the roll. giving me a moment to get here. Bryan Helms McCain The legislative clerk called the roll. I want to object, of course, to the ta- Bunning Kerrey McConnell Mr. NICKLES. I announce that the bling of this amendment. As I described Cleland Kohl Moynihan Senator from New Hampshire (Mr. DeWine Kyl Torricelli earlier, I believe very strongly, as do Durbin Landrieu GREGG) is necessarily absent. some others, that this money should be NOT VOTING—2 Mr. REID. I announce that the Sen- better targeted. That is what this ator from Hawaii (Mr. INOUYE) is nec- amendment does. It does not add new Gregg Inouye essarily absent. money to this bill. It simply says, of The motion was agreed to. The PRESIDING OFFICER. Are there the money that we are going to spend— Mr. LOTT. Mr. President, I move to any other Senators in the Chamber whether it is a 20-percent increase that reconsider the vote. who desire to vote? Senator GRAMM earlier spoke about, or Mr. COVERDELL. I move to lay that The result was announced—yeas 51, an 8-percent increase—whatever the in- motion on the table. nays 47, as follows: crease, if we are going to increase fund- The motion to lay on the table was [Rollcall Vote No. 159 Leg.] agreed to. ing in this bill, the money should go to YEAS—51 AMENDMENT NO. 3655 help the poorer children first, the com- Akaka Feingold Mikulski munities around this Nation that need The PRESIDING OFFICER. There Baucus Feinstein Moynihan the most help, whether they be in rural are now 2 minutes for debate on the Bayh Gorton Murray areas or urban areas. Jeffords amendment. Bennett Graham Reed The Senator from Iowa requested Biden Harkin Reid Every State will gain. Every State Bingaman Hatch Robb will leave with additional money for order in the Chamber. We need order in Boxer Hollings Rockefeller title I. The States that need the most the Chamber. We will withhold busi- Breaux Johnson Roth ness until there is order in the Cham- Bryan Kennedy Sarbanes help will get that help. That is simply Byrd Kerrey Schumer what this amendment does. I object to ber. Cleland Kerry Specter the tabling. Who seeks recognition? Conrad Kohl Stevens I thank the Senators for granting the The Senator from Vermont. Daschle Landrieu Thompson Mr. JEFFORDS. Mr. President, this Dodd Lautenberg Torricelli time. is the Jeffords amendment relating to Dorgan Levin Warner The PRESIDING OFFICER. The Sen- Durbin Lieberman Wellstone ator’s 1 minute has expired. title VI of the bill. It takes money Edwards Lincoln Wyden which is dedicated to school construc- Mr. HARKIN. Mr. President, I move NAYS—47 to table the amendment and ask for tion and puts it into IDEA and special education. Abraham Enzi Mack the yeas and nays. Allard Fitzgerald McCain The PRESIDING OFFICER. Is there a We have over and over again pledged Ashcroft Frist McConnell sufficient second? to fully fund up to 40 percent of the Bond Gramm Murkowski There is a sufficient second. cost of educating children in special Brownback Grams Nickles Bunning Grassley Roberts The question is on agreeing to the education. We have not done that. All Burns Hagel of you committed to doing that. We Santorum motion to table Landrieu amendment Campbell Helms Sessions Chafee, L. Hutchinson No. 3645. The clerk will call the roll. have no comparable historical obliga- Shelby Cochran Hutchison tion to contribute money for school Smith (NH) The assistant legislative clerk called Collins Inhofe Smith (OR) the roll. construction. That is an option under Coverdell Jeffords Mr. NICKLES. I announce that the title VI and will remain an option even Craig Kyl Snowe Senator from New Hampshire (Mr. if my amendment is approved. We be- Crapo Leahy Thomas DeWine Lott Thurmond GREGG) is necessarily absent. lieve we should fund and pay for our Domenici Lugar Voinovich Mr. REID. I announce that the Sen- current Federal obligations first before NOT VOTING—2 ator from Hawaii (Mr. INOUYE) is nec- we take on new and open ended obliga- essarily absent. tions. It is a promise we have all made. Gregg Inouye The PRESIDING OFFICER (Mr. AL- It is a promise we should keep. The motion was agreed to. LARD). Are there any other Senators in The PRESIDING OFFICER. The Sen- Mr. COVERDELL. Mr. President, I the Chamber desiring to vote? ator from Pennsylvania. move to reconsider the vote.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 12848 CONGRESSIONAL RECORD—SENATE June 28, 2000 Mr. HARKIN. I move to lay that mo- brought up because I know the distin- Mr. COVERDELL. I am sorry, I tion on the table. guished Democratic whip, who has thought the conference on this side was The motion to lay on the table was helped tremendously on this bill, as over the Frist amendment. agreed to. have others, is anxious to see this De- Mr. HARKIN. I heard conflicting The PRESIDING OFFICER. The Sen- fense authorization bill move forward; things about it, and I want to see how ator from Georgia. am I not correct, I say to Senator it is written. f REID? Mr. COVERDELL. Do we have a copy Mr. REID. I say to my friend from at the desk? UNANIMOUS CONSENT Virginia, I have spoken with the co- Mr. HARKIN. Just let us see it. I AGREEMENT—H.R. 4762 manager of the bill, Senator LEVIN, and have no objection. Mr. COVERDELL. Mr. President, I we are anxious to get to this bill. We Mr. COVERDELL. I propound the ask unanimous consent that when the have a defined number of amendments. unanimous consent I just read. Senate receives from the House the We have spoken to proponents of the Mr. REID. Reserving the right to ob- campaign disclosure bill, it be imme- amendments. I think it is something ject, Mr. President, I ask the unani- diately placed on the calendar. I fur- we can dispose of within a few hours. mous consent request be amended so ther ask unanimous consent that it be- Mr. WARNER. Good. That is inter- that after the disposition of the Frist come the pending business after the esting. I see my distinguished ranking amendment, Senator DASCHLE be al- final vote this evening—just con- member. lowed to offer an amendment; fol- cluded—and that it be considered under Mr. REID. I did not see Senator lowing the disposition of that, the Re- the following agreement: 30 minutes LEVIN. I am very sorry. publicans will offer an amendment; and for total debate on the bill to be equal- Mr. LEVIN. If the Senator will yield, following that, Senator DORGAN will ly divided in the usual form; that no I agree with our whip. It is our inten- offer an amendment. amendments be in order; that following tion to, No. 1, limit amendments to rel- Mr. COVERDELL. I amend it so that the disposition of the time, the bill be evant amendments, if we can, and, No. the Republican amendment will be the automatically advanced to third read- 2, begin to work through those amend- Ashcroft amendment. ing and passage occur, all without any ments and eliminate as many as pos- The PRESIDING OFFICER. Is there intervening action or debate, with the sible that do not need to be offered, objection? vote occurring on passage at 9:40 a.m. modifying some, agreeing to some, and, Mr. HARKIN. Inquiry: We are asking on Thursday, with 7 minutes for clos- if necessary, obviously voting on some. unanimous consent that following the ing remarks prior to the vote, with 5 of We will be working very hard with our Frist amendment, Senator DASCHLE be those minutes under the control of good friend, the chairman of our com- recognized for an amendment, Senator ASHCROFT be recognized for an amend- Senator MCCAIN. Finally, I ask unani- mittee, to proceed through the bill as mous consent that following the pas- soon as it is before the Senate, and the ment, and then Senator DORGAN be rec- sage of the bill, the action on the moment it is, we think we can make ognized for an amendment? The PRESIDING OFFICER. Fol- McCain amendment No. 3214 be vitiated some real progress. lowing disposition of the Frist amend- and the amendment then be with- Mr. WARNER. Mr. President, I thank ment. drawn. my distinguished colleagues. I hope germaneness will prevail as to the Mr. HARKIN. Yes. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there objection? amendments that come up on this bill. Mr. MCCAIN. I ask for the regular objection? Mr. WARNER. Reserving the right to order. Without objection, it is so ordered. object, and I do not intend to object, I The PRESIDING OFFICER. The reg- f first say to my distinguished colleague ular order has been requested. Is there and friend of almost a quarter of a cen- INTERNAL REVENUE CODE OF 1986 objection? AMENDMENT tury, JOHN MCCAIN, I judge this action Mr. WARNER. There is no objection. will enable the defense bill then to no The PRESIDING OFFICER. Without The PRESIDING OFFICER. Under longer have this amendment, and at objection, it is so ordered. the previous order, the clerk will re- what point will that occur? f port the bill by title. Mr. COVERDELL. That needs to be The assistant legislative clerk read addressed to the Parliamentarian. THE DEPARTMENTS OF LABOR, as follows: Mr. MCCAIN. Immediately following HEALTH AND HUMAN SERVICES, A bill (H.R. 4762) to amend the Internal the vote. AND EDUCATION AND RELATED Revenue Code of 1986 to require 527 organiza- The PRESIDING OFFICER. The AGENCIES APPROPRIATIONS, tions to disclose their political activities. amendment will be withdrawn fol- 2001—Continued The Senate proceeded to consider the lowing passage of the bill tomorrow. Mr. COVERDELL. Mr. President, I bill. Mr. WARNER. I want to make cer- ask unanimous consent that the pend- The PRESIDING OFFICER. The Sen- tain I hear. The Chair and the distin- ing motion to waive be laid aside and ator from Wisconsin. guished Senator from Arizona were Senator FRIST be recognized to offer Mr. FEINGOLD. Mr. President, I am speaking at the same time. Can it be his amendment regarding education extremely pleased we have reached an repeated? and that no second-degree amendments agreement to consider and almost cer- The PRESIDING OFFICER. Fol- be in order prior to the vote in relation tainly pass H.R. 4762, which passed the lowing final passage of the bill tomor- to the amendment. I further ask unani- House last night by an overwhelming row, the amendment will be with- mous consent that the Senate turn to vote of 385–39. Tomorrow will be a his- drawn. the Frist amendment immediately fol- toric day. For the first time since 1979, Mr. WARNER. And that bill being? lowing the debate on H.R. 4762, and the the Congress is going to pass a cam- The PRESIDING OFFICER. H.R. 4762. vote occur in a stacked sequence begin- paign finance reform bill. The bill we Mr. WARNER. That clarifies it. I ning at 9:40 a.m. under the same terms are going to pass is by no means a solu- thank the leadership on both sides of as outlined for H.R. 4762. tion to all the problems of our cam- the aisle. The PRESIDING OFFICER. Is there paign finance system, but it is a start— The PRESIDING OFFICER. Is there objection? and an important start—because it will objection? Mr. HARKIN. Reserving the right to close the loophole that was opened at Mr. WARNER. If I might just con- object, we have not seen a copy of the the intersection of the tax laws and tinue, I have consulted with the major- Frist amendment yet. I want to have it election laws that allows unlimited ity leader, and it is hoped at a subse- described or see a copy so we know to amounts of completely secret contribu- quent time we can clarify when the De- what we are agreeing. I do not think tions to flow into our campaign finance partment of Defense bill can be that is an unreasonable request. system and influence our elections.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12849 I yield 3 minutes to the initial leader to mask the identities of their contrib- ernment’’ or ‘‘Committee for our Chil- on this issue, the Senator from Con- utors as a means of courting wealthy dren’’ than when a candidate, party or necticut, Mr. LIEBERMAN. donors seeking anonymity in their ef- someone with a financial stake in the The PRESIDING OFFICER. The Sen- forts to influence our elections. election publicly acknowledges spon- ator from Connecticut. Because section 527 organizations are sorship of the ad or mailing. Without a Mr. LIEBERMAN. I thank the Chair, not required to publicly disclose their rule requiring a group involved in elec- and I thank my friend from Wisconsin. existence, it is impossible to know the tions to disclose who is behind it and Mr. President, I rise to express my precise scope of this problem. The where the group gets its money, the strong support for this bill, which con- IRS’s private letter rulings, though, public is deprived of vital information tains nearly identical language to a make clear that organizations intent that allows it to judge the group’s bill I introduced earlier this session on running what they call issue ad credibility and its message, throwing and to an amendment Senators campaigns and engaging in other elec- into doubt the very integrity of our MCCAIN, FEINGOLD, and I sponsored to tion-related activity are free to assert elections. With this incredibly power- the Defense authorization bill. This bill Section 527 status, and news reports ful tool in their hands, can anyone deals with the proliferation of so-called provide specific examples of groups doubt that come November, we will see stealth PACs operating under section taking advantage of these rulings. Roll more and more candidates, parties and 527 of the Tax Code. These groups ex- Call reported the early signs of this groups with financial interests in the ploit a recently discovered loophole in phenomenon in late 1997, when it pub- outcome of our elections taking advan- the tax code that allows organizations lished an article on the decision of tage of the 527 loophole to run more seeking to influence federal elections Citizens for Reform and Citizens for and more attack ads and issue more to fund their election work with undis- the Republic Education Fund, two and more negative mailings in the closed and unlimited contributions at Triad Management Services organiza- name of groups with innocuous-sound- the same time as they claim exemption tions that ran $2 million issue ad cam- ing names? from both Federal taxation and the paigns during the 1996 elections, to The risk posed by the 527 loophole Federal election laws. switch from 501(c)(4) status, which im- goes even farther than depriving the Section 527 of the Tax Code offers tax poses limits on a group’s political ac- American people of critical informa- exemption to organizations primarily tivity, to 527 status after the 1996 cam- tion. I believe that it threatens the involved in election-related activities, paigns. A more recent Roll Call report very heart of our democratic political like campaign committees, party com- recounted the efforts of a team of GOP process. Allowing these groups to oper- mittees and PACs. It defines the type lawyers and consultants to shop an or- ate in the shadows pose a real risk of of organization it covers as one whose ganization called Citizens for the Re- corruption and makes it difficult for us function is, among other things, ‘‘influ- publican Congress to donors as a way to vigilantly guard against that risk. encing or attempting to influence the to bankroll up to $35 million in pro-Re- The press has reported that a growing selection, nomination, election, or ap- publican issue ads in the 30 most com- number of 527 groups have connections pointment of any individual to any petitive House races. And Common to—or even have been set up by—can- Federal, State, or local public office. Cause’s recent report Under The Radar: didates and elected officials. Allowing . . .’’ Because the Federal Election The Attack of The ‘‘Stealth PACs’’ On wealthy individuals to give to these Campaign Act, (FECA) uses near iden- Our Nation’s Elections offers details on groups—and allowing elected officials tical language to define the entities it 527 groups set up by politicians, Con- to solicit money for these groups— regulates—organizations that spend or gressmen J.C. WATTS and TOM DELAY without ever having to disclose their receive money ‘‘for the purpose of in- industry groups; the pharmaceutical dealings to the public, at a minimum, fluencing any election for Federal of- industry-funded Citizens for Better leads to an appearance of corruption fice’’—section 527 formerly had been Medicare; and ideological groups from and sets the conditions that would generally understood to apply only to all sides of the political spectrum, the allow actual corruption to thrive. If those organizations that register as po- Wyly Brothers’ Republicans for Clean politicians are allowed to continue se- litical committees under, and comply Air, Ben & Jerry’s Business Leaders for cretly seeking money—particularly with, FECA, unless they focus on State Sensible Priorities and a 527 set up by sums of money that exceed what the or local activities or do not meet cer- the Sierra Club. The advantages con- average American makes in a year— tain other specific FECA requirements. ferred by assuming the 527 form—the there is no telling what will be asked Nevertheless, a number of groups en- anonymity provided to both the orga- for in return. gaged in what they term issue advo- nization and its donors, the ability to The bill we are addressing today cacy campaigns and other election-re- engage in unlimited political activity gives us hope for forestalling the con- lated activity recently began arguing without losing tax-exempt status, and version of yet another loophole into that the near identical language of the exemption from the gift tax im- yet another sinkhole for the integrity FECA and section 527 actually mean posed on very large donors—leave no of our elections. The bill aims at forc- two different things. In their view, doubt that these groups will proliferate ing section 527 organizations to emerge they can gain freedom from taxation as the November election approaches. from the shadows and let the public by claiming that they are seeking to None of us should doubt that the pro- know who they are, where they get influence the election of individuals to liferation of these groups—with their their money and how they spend it. Federal office, but may evade regula- potential to serve as secret slush funds The bill would require 527 organization under FECA, by asserting that for candidates and parties, their ability tions to disclose their existence to the they are not seeking to influence an to run difficult-to-trace attack ads, IRS, to file publicly available tax re- election for Federal office. As a re- and their promise of anonymity to turns and to file with the IRS and sult—because, unlike other tax-exempt those seeking to spend huge amounts make public reports specifying annual groups like 501(c)(3)s and (c)(4)s, sec- of money to influence our elections— expenditures of at least $500 and identi- tion 527 groups do not even have to poses a real and significant threat to fying those who contribute at least $200 publicly disclose their existence—these the integrity and fairness of our elec- annually to the organization. Although groups gain both the public subsidy of tions. We all know that the identity of this won’t solve the whole problem, at tax exemption and the ability to shield the messenger has a lot of influence on least it will make sure that no group from the American public the identity how we view a message. In the case of can hide in the shadows as it spends of those spending their money to try to a campaign, an ad or piece of direct millions to influence the way we vote influence our elections. Indeed, accord- mail attacking one candidate or and who we choose to run this country. ing to news reports, newly formed 527 lauding another carries a lot more Opponents of this legislation claim organizations pushing the agenda of weight when it is run or sent by a that our proposal infringes on their political parties are using the ability group called ‘‘Citizens for Good Gov- First Amendment rights to free speech

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.001 S28JN0 12850 CONGRESSIONAL RECORD—SENATE June 28, 2000 and association. Nothing in our bills nizations, plain and simple. You can’t individuals cannot give more than infringes on those cherished freedoms say the same about the AFL–CIO or the $2,000 to a campaign. Corporations and in the slightest bit. To begin with, the Chamber of Commerce, or Handgun unions are prohibited by law from giv- Supreme Court in Buckley versus Control or the NRA, whose primary ing anything. Yet we know that unlim- Valeo made absolutely clear that Con- purpose is to advocate a policy position ited contributions have been given by gress may require organizations whose or to represent specific constituencies. individuals, corporations, and unions, major purpose is to elect candidates to So I say to anyone who claims these but at least that soft money, if anyone disclose information about their donors groups are just like other tax-exempts, can say anything for it, is fully dis- and expenditures. ‘‘Read the tax code.’’ closed. Even without that opinion, the con- Just as importantly, there is a great- In this cycle, we have seen increasing stitutionality of this bill would be er need for improved disclosure by 527 use of the most egregious violation of clear for an entirely different reason. organizations than there is for disclo- the clear intention of our campaign fi- And that is that this bill does not pro- sure by other tax exempts. When the nance laws: So-called 527 organizations hibit anyone from speaking, nor does it AFL or the Chamber of Commerce runs that not only invite unlimited con- force any group that does not currently an ad, we know exactly who is behind tributions from corporations, unions, have to comply with FECA or disclose it and where their money came from: and individuals, but keep them a se- information about itself to do either of union member dues in the case of the cret. those things. Instead, the bill speaks AFL, and business member dues in the Finally, we have come to a point in only to what a group must do if it case of the Chamber. These groups pro- the abuse of our campaign finance laws wants the public subsidy of tax exemp- vide the basic information the public that Members can no longer defend the tion—something the Supreme Court needs to evaluate the motivation of the indefensible. This is a victory for com- has made clear no one has a constitu- messenger. The absolute opposite is the mon sense, for our democracy, for the tional right to have. As the Court ex- case with 527s. The public can’t know public’s right to know. It has value in plained in Regan versus Taxation with what hidden agenda may lie behind the itself. But I hope it will also be a turn- Representation of Washington, 461 U.S. message because so many 527s have un- ing point that will lead us to further 540, 544, 545, 549 (1983), ‘‘[b]oth tax ex- identifiable names and are funded by reform of our campaign finance laws. emptions and tax-deductibility are a sources no one knows anything about. I will say this: In the battle that has form of subsidy that is administered In the best of all possible worlds, all brought us to the eve of this victory— through the tax system,’’ and ‘‘Con- money supporting election-related ac- that we will enjoy tomorrow, I am congressional selection of particular enti- tivity would be disclosed. But we fident—we have put together a broad ties or persons for entitlement to this should not allow our inability to bipartisan, bicameral group committed sort of largesse is obviously a matter of achieve that goal now to stand in the to cleaning up our election laws, our policy and discretion . . .’’ Under this way of closing the most egregious campaign finance laws. bill, any group not wanting to disclose abuse of our hard-won campaign laws I hope and believe the debate tonight information about itself or abide by that we have seen during this election and the vote tomorrow are the begin- the election laws would be able to con- cycle. We all agree the American peo- ning of finally returning some limita- tinue doing whatever it is doing now— ple have an absolute right to know the tion, some sanity, some disclosure, it would just have to do so without the identity of those trying to influence some public confidence to our cam- public subsidy of tax exemption con- their vote. So why let another day go paign finance laws. I thank the Chair and thank the lead- ferred by section 527. by allowing these self-proclaimed elec- ers in this effort—Senator MCCAIN and Let me address one final issue: that tion groups to operate in the shadows. Senator FEINGOLD—and am proud to it is somehow wrong to apply this bill Let’s work together, across party lines, to 527s but not to other tax exempt walk behind them in this. to close the 527 loophole. Mr. President, I yield the floor. groups. I believe deeply in the cleans- We have become so used to our cam- The PRESIDING OFFICER. The Sen- ing tide of disclosure, whether the con- paign finance system’s long, slow de- ator from Wisconsin. tributing organization involved is a scent into the muck that it sometimes Mr. FEINGOLD. I am delighted to labor union, a business association, a is hard to ignite the kind of outrage yield 4 minutes to our fearless leader for-profit company or a tax-exempt or- that should result when a new loophole on this issue, the Senator from Ari- ganization. For that reason, I worked starts to shred the spirit of yet another zona. hard with a bipartisan bicameral group law aimed at protecting the integrity The PRESIDING OFFICER. The Sen- of reformers to come up with a fair proof our system, but this new 527 loop- ator from Arizona. posal requiring across the board disclo- hole should outrage us, and we must Mr. MCCAIN. I thank my friend from sure from all organizations that engage act to stop it. On June 8, a bipartisan Wisconsin. in election activity. I thought we had a majority of the Senate said that we Mr. President, I am pleased that we good proposal, but we were unable to stand ready to do so when we adopted are about to pass and send to the Presi- get enough support for it to see it pass nearly this precise language as an dent the first piece of campaign fi- the House at this time. We should con- amendment to the Defense authoriza- nance legislation in 21 long years. This tinue to work to enact such disclosure, tion bill. An overwhelming majority of bill is simple, just, and the right thing but we cannot let that goal stand in the House of Representatives did the to do in order to ensure that our elec- the way of passing this urgently needed same when it passed this bill on June toral system is not further debased. legislation now, because there are real 28. We cannot retreat from what we My friend from Wisconsin and my differences between 527 organizations have already said we are ready to do. friend from Connecticut have described and other tax exempts, and these dif- We must pass this bill now. the details of the bill. I just want to ferences justify closing the loophole, I am thrilled to support this bill. I point out again that making these re- even if we can’t enact broader reform. pay appropriate tributes to Senators quirements a contingency for certain First and foremost, section 527 orga- MCCAIN and FEINGOLD for their prin- tax credit status ensures that these re- nizations are different because they are cipled and persistent leadership of this quirements are clearly constitutional. the only tax-exempts that exist pri- movement to bring some sanity, open- The Constitution guarantees freedom marily to influence elections. That is ness, limits, and control back to our of speech and association, not an enti- not my characterization. That is the campaign finance laws. I have been tlement to tax-exempt status. Further, statutory definition. 527s are not lob- honored to work with them in the front because of the simplicity of this ap- bying organizations. They are not pub- lines of this effort. proach, no vagueness problems will lic-interest issue organizations. They This is a turning point. The cam- arise and compliance will be easy. are not labor organizations or business paign finance laws of America adopted What could be more American? What organizations. They are election orga- after Watergate say very clearly that could be more democratic?

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12851 Before I go further, I want to take a this loophole is. When the disclosure cacy. I would like to have two items moment to thank my colleagues in required by this bill becomes law—as it printed in the RECORD that explain in arms who fought so hard to bring this will—the public will respond to the un- detail the constitutional concerns with issue forward. I thank Senator SNOWE limited contributions which are also this legislation. The first item is a let- and Senator LEVIN for their hard work. hidden. That disclosure, I believe, will ter from the American Civil Liberties I thank my colleagues from the House: lead to the closure of this loophole. Union, and the second item is testi- Congressmen CHRIS SHAYS, MARTY And for that, we commend the leaders mony by election law expert, James MEEHAN, MIKE CASTLE, LINDSEY in this effort. Bopp, Jr., of the James Madison Center GRAHAM, AMO HOUGHTON, and others. It is an ongoing struggle. It can only for Free Speech. Mr. Bopp’s testimony Without their courage to stand up and be said to be successful when the soft from a Senate Rules Committee hear- demand to do what is right, we would money loophole is closed, and when the ing this year cites a long string of not be here tonight and on the verge of 527 loophole is not just brought out court decisions striking down this type the vote tomorrow. into the sunshine but, hopefully, when of regulation over the past quarter cen- I especially thank Senators FEINGOLD it shrivels away and is closed because tury. and LIEBERMAN. Senator LIEBERMAN the public wants the restoration of lim- Mr. President, I ask unanimous con- was the author of legislation man- its on campaign contributions. They sent that the material be printed in the dating 527 disclosure. It was his bill want them disclosed, but they want RECORD. that served as the basis for this debate. them limited. There being no objection, the mate- And, of course, I must again thank We have taken the important step of rial was ordered to be printed in the Senator FEINGOLD for all the courage disclosure relative to one of those loop- RECORD, as follows: he has shown in fighting for reform at holes, and for that we have to thank AMERICAN CIVIL LIBERTIES UNION, any cost. I sincerely appreciate his ef- Senators MCCAIN, FEINGOLD, and Washington, DC, June 8, 2000. forts. LIEBERMAN. I very much express the DEAR SENATOR: I am writing to commu- Just yesterday, the House of Rep- gratitude of a bipartisan coalition to nicate the American Civil Liberties Union’s resentatives overwhelmingly voted in all of them. opposition to the McCain Amendment No. favor of this modest reform by a vote The PRESIDING OFFICER. The Sen- 3214 concerning disclosure by organizations covered by Section 527 of the Internal Rev- of 385–39. I hope the Senate vote will be ator’s time has expired. enue Code. equally overwhelming. The Senator from Kentucky. The American Civil Liberties Union sup- Would I have liked to accomplish Mr. MCCONNELL. Mr. President, I ports certain methods of disclosure for tax more? Absolutely. Will I continue the would like to make just a few com- exempt issue organizations and for organiza- fight, along with my good friend from ments about the legislation that is be- tions that engage in express advocacy. How- Wisconsin, to enact more sweeping re- fore the Senate. ever, different methods of disclosure are ap- form? I absolutely promise to do so. First, everyone in the Senate sup- propriate for express advocacy groups that Will we continue to do whatever is nec- ports disclosure by any group that: are not appropriate for groups that engage in contributes to a federal candidate, or issue advocacy. It is appropriate to require a essary to restore the public’s con- 527 group to provide the Internal Revenue fidence in an electoral system per- expressly advocates the election or de- Service (IRS) with the name and address of ceived by many, if not most, to be cor- feat of a federal candidate. And, I the organization, the purpose of the organi- rupt? You can be assured of it. might add that currently every organization and other information that is now re- But tomorrow—I say to all those zation set up under section 527 of the quired of other issue advocacy organizations across this great land who want re- Internal Revenue Code that contrib- such as 501(c)(4)s, 501(c)(3)s and 501(c)(5)s. form—will be a great first step. It will, utes to federal candidates, or expressly However, it is certainly inappropriate and indeed, be a great day for democracy advocates the election or defeat of a unconstitutional to require issue organiza- federal candidate does, in fact, publicly tions to report donor lists and membership and a government accountable to the lists to the IRS, as they would be required to governed. disclose their contributions and ex- do under the McCain Amendment. This is I yield the floor. penditures. not about protecting secrecy, this is about The PRESIDING OFFICER. The Sen- So, let’s be clear: nearly every 527 or- preserving the rights of all people to express ator from Wisconsin. ganization in America publicly dis- their opinions on issues without requiring Mr. FEINGOLD. Mr. President, I closes its donors and its expenditures. them to report to the government in order to yield 2 minutes of our time to the Second, the narrow legislation before do so. By participating in groups that ele- other co-initiator of this issue, Senator this body would target a handful of vate a particular issue, citizens are exer- cising their much cherished free speech LEVIN. tax-exempt organizations established rights. It would greatly chill free expression The PRESIDING OFFICER. The Sen- under section 527 of the tax code that if the IRS or the Federal Election Commis- ator from Michigan. do not make contributions to can- sion (FEC) required donor lists of groups Mr. LEVIN. Mr. President, first, I didates, or engage in express advocacy, that represent unpopular viewpoints, minor- commend the real leaders in this ef- and thus, are not required to publicly ity viewpoints or views that are highly crit- fort, Senators MCCAIN and FEINGOLD. disclose contributors or expenditures. ical of government policies. They have been extraordinary in their Although these 527 groups are small THIS IS NOT A NEW ISSUE tenacity. We look forward to their con- and few, the constitutional questions Three years after it passed the Federal tinuing tenacity to close two egregious are real. The caselaw demonstrates Election Campaign Act of 1971, Congress loopholes—the one we are closing that there are serious questions as to amended the Act to require the disclosure to through this bill, and the other one is whether the government can require the Federal Election Commission of any the soft money loophole. public donor disclosure of groups that group or individual engaged in: any act directed to the public for the purpose of influ- I thank Senator LIEBERMAN for his are not engaging in express advocacy. encing the outcome of an election, or . . . leadership in terms of the 527 loophole In fact, the Supreme Court has rejected [who] publishes or broadcasts to the public itself. We are about to take a step on a public disclosure of membership lists any material referring to a candidate (by long journey. It is a journey to bring and contributors to issue groups as a name, description, or other reference . . . back some limits on campaign con- violation of the First Amendment in setting forth the candidate’s position on any tributions. Those limits have been de- landmark cases like Buckley v. Valeo, public issue, [the candidate’s] voting record, stroyed by two loopholes: The soft 424 U.S. 1, 80 (1976) and NAACP v. Ala- or other official acts . . . or [is] otherwise money loophole and the so-called 527 bama, 357 U.S. 449, 462 (1958). And, less designed to influence individuals to cast loophole. than two weeks ago, yet another fed- their votes for or against such candidates or to withhold their votes from such can- We are about to shed some light, eral court—the United States Court of didates. pour some sunshine on the 527 loop- Appeals for the Second Circuit—struck Such issue advocacy groups would have hole. And the public will respond, I be- down an attempt to regulate groups been required to disclose to the FEC in the lieve, when they see just how egregious that do not engage in express advo- same manner as a political committee or

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 12852 CONGRESSIONAL RECORD—SENATE June 28, 2000 PAC. They would have to make available Code defines the term ‘‘exempt function’’ to seen by the evident bias on the issues, the se- every source of funds that were used in ac- mean, in relevant part, the function of influ- lection of issues, the language used in char- complishing such acts. This unconstitutional encing or attempting to influence the selec- acterizing the issues, and in the format. The regulatory scheme is the template for the tion, nomination, election, or appointment targeting and timing of the distribution was McCain amendment now before you. of any individual to any Federal, State, or aimed at influencing the public’s judgment The ACLU challenged this provision of the local public office or office in a political or- about the positions of candidates on issues 1974 amendments as part of the Buckley v. ganization, or the election of Presidential or at the heart of the organization’s legislative Valeo case. When the challenge came before Vice-Presidential electors, whether or not agenda. These activities are partisan in the the US Court of Appeals for the DC Circuit, such individual or electors are selected, sense that they are intended to increase the the law was unanimously struck down be- nominated, elected or appointed. A ‘‘polit- election prospects of certain candidates and, cause it was vague and imposed an undue ical organization’’ meets the organizational therefore, would appear to qualify under burden on groups engaged in activity that is, test if its articles of incorporation provide § 527(e)(2). and should be, protected by the First Amend- that the primary purpose of the organization It is the perceived intersection between the ment. The DC Circuit Court ruling stated: to is to influence elections. Under the oper- Internal Revenue Code and the FECA that be sure, any discussion of important public ational test, a ‘‘political organization’’ must reformers want to regulate. Section 527 orga- questions can possibly expert some influence primarily engage in activities that influence nizations must convince the IRS that they on the outcome of an election . . . But unlike elections but it need not do so exclusively. are organized and operated for the exempt contributions and expenditures made solely The IRS has issued no precedential guid- function of influencing elections as required with a view to influencing the nomination or ance in this area, but it has issued private under § 527(e)(2). However, because the orga- election of a candidate, issue discussions letter rulings which provide an indication of nization is engaged in only issue advocacy unwedded to the cause of a particular can- what constitutes evidence of political inter- and does not make contributions to candidate hardly threaten the purity of the elec- vention for purposes of § 527. Activities that didates or engage in express advocacy, the tions. Moreover, and very importantly, such are intended to influence, or attempt to in- organization is not subject to the FECA. discussions are vital and indispensable to a fluence, the election of individuals to public However, H.R. 4168 would treat them as if free society and an informed electorate. office may include encouraging support they engaged in such activities and require Thus the interest group engaging in non- among the general public for certain issues, them to register as PACs under the FECA. partisan discussions ascends to a high plane, policies and programs being advocated by However, the Supreme Court has made it while the governmental interest in disclo- candidates and Members of Congress. clear that an organization cannot be treated sure correspondingly diminishes. Thus, the IRS has found that expenditures as a PAC because it engages in issue advo- Because of the Court’s unanimous and unfor issue advocacy could qualify as interven- cacy—which was one of the purposes of the ambiguous ruling, the FEC did not even at- tion in a political campaign within the express advocacy test in the first place. The tempt to appeal this aspect of the courts rul- meaning of § 527(e)(2). Moreover, the distinc- Supreme Court, in one of its most oft-quoted ing concerning issue group regulation disclo- tion between issue advocacy activities that footnotes, has provided an illustrative list of sure, and that defective section of the Act were educational within the meaning of § which terms could be ‘‘express words of advo- was allowed to die. 501(c)(3) and issue advocacy activities that cacy:’’ ‘‘vote for,’ ‘elect,’ ‘support,’ ‘cast The ACLU urges members of the Senate to were not educational and therefore qualified your ballot for,’ ‘Smith for Congress,’ ‘vote vote against Amendment No. 3214, the as § 527(e)(2) expenditures intended to influ- against,’ ‘defeat,’ ‘reject.’ ’’ Since the Court’s McCain Amendment on 527 group disclosure. ence the outcome of elections, was not based ruling in Buckley, district and federal courts Sincerly, on major differences in the nature of conduct of appeal have followed this strict interpre- LAURA W. MURPHY, of the activities. The IRS instead pointed to tation of the express advocacy test and have Director. the targeting of the activities to particular struck down any state or federal regulation TESTIMONY OF JAMES BOPP, JR., APRIL 26, areas, the timing of them to coincide with purporting to regulate based on intent or 2000, SENATE RULES COMMITTEE the election, and the selection of issues purpose to influence an election. These THE REFORMERS’ ATTACK ON ISSUE ADVOCACY based on an agenda. As will be discussed in a courts have unanimously required express HAS ANOTHER FRONT—SECTION 527 OF THE IN- moment, these factors have been rejected by words of advocacy in the communication TERNAL REVENUE CODE the courts as irrelevant to any determina- itself before government may regulate such There is another bill that I want to discuss tion of whether an organization’s speech, re- speech. today that is also part of the unrelenting at- gardless of its tax status, is express advo- Furthermore, the organizations ‘‘major tack on citizens’ ability to participate in cacy. purpose’’ must be making contributions and public discourse. Not content with a frontal In a recent private letter ruling to an orga- express advocacy communications to be assault through the FECA, reformers have nization under § 527, made public on June 25, treated as a PAC. The FECA defines a ‘‘polit- turned their attention to the Internal Rev- 1999, the IRS determined that a wide range of ical committee’’ as ‘‘any committee, club, enue Code. HR 4168 proposes to amend the In- programs qualified as ‘‘exempt functions’’ association, or other group of persons which ternal Revenue Code of 1986 to require that for a § 527 political organization. The IRS receives contributions aggregating in excess federal election rules apply to groups formed found a political nexus even though some of of $1,000 during a calendar year or which under § 527 of the Internal Revenue Code. the materials to be distributed, and tech- makes expenditures aggregating in excess of Before I talk about the specific effects of niques to be used, resembled issue advocacy $1,000 during a calendar year. In Buckley, the House Resolution 4168, some clarifying back- and other materials and techniques often U.S. Supreme Court narrowly construed this ground information about § 527 and the FECA used in the past by charitable organizations definition, holding that under the FECA’s is necessary. Section 527 was added to the In- without violating section 501(c)(3) of the In- definition of political committee, an entity ternal Revenue Code in 1974 to resolve long- ternal Revenue Code. However, because the is a political committee only if its major standing issues relating to inclusion of polit- materials and techniques were designed to purpose is the nomination or election of a ical contributions in the gross income of serve a primarily political purpose and candidate. candidates. Drafters were concerned that would be inextricably linked to the political An organization’s ‘‘major purpose’’ may be candidates would use their campaign com- process, the political nexus was substan- evidenced by its public statements of its pur- mittees to earn investment income free of tiated. pose or by other means, such as its expendi- tax, and so a tax on investment earnings be- Of particular interest is the IRS’s conclu- tures in cash or in kind to or for the benefit came the major limitation on the exemption sion that voter education, which may in- of a particular candidate or candidates. Even available under § 527. clude dissemination of voter guides and vot- if the organization’s major purpose is the Section 527 of the Internal Revenue Code ing records, grass roots lobbying messages, election of a federal candidate(s), the organi- provides an exemption from corporate in- telephone banks, public meetings, rallies, zation does not become a political com- come taxes for political organizations that media events, and other forms of direct con- mittee unless or until it makes expenditures are organized primarily to intervene in polit- tact with the public, can be apolitical inter- in cash or in kind to support a person who ical campaigns. Thus, to qualify for the tax vention when it links issues with candidates. has decided to become a candidate for federal exemption, the organization must be a ‘‘po- Whether an organization is participating or office. litical organization’’ that meets both the or- intervening, directly or indirectly, in a polit- Recently, the Fourth Circuit found a defi- ganizational and operational tests under ical campaign, however, depends, in the view nition of ‘‘political committee,’’ that in- § 527. of the IRS, upon all of the facts and cir- cluded both entities that have as a primary A ‘‘political organization’’ is a party, com- cumstances. Thus, while voter education or incidental purpose engaging in express ad- mittee, association, fund, or other organiza- may be both factual and educational, the se- vocacy, and those that merely wish to influ- tion organized primarily for the purpose of lective content of the material, and the man- ence an election (engage in issue advocacy), directly or indirectly accepting contribu- ner in which it is presented, is intended to as being overbroad and unconstitutional. tions or making expenditures for an exempt influence voters to consider particular issues The court found that the definition of ‘‘polit- function activity. Section 527(e)(1) of the when casting their ballots. This intent was ical committee’’ could not encompass groups

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12853 that engage only in issue advocacy and tively. First, the Court stated that ‘‘[s]o long money on political activities. This groups that only incidentally engage in ex- as persons and groups eschew expenditures gross reporting disparity has prompted press advocacy. that in express terms advocate the election the filing of formal complaints with Thus, only an organization that engages or defeat of a clearly identified candidate, the IRS and the Federal Election Com- primarily in excess advocacy triggers FECA they are free to spend as much as they want reporting and disclosure requirements. Issue to promote the candidate and his views. Sec- mission against the NEA. And, I think advocacy in the context of electoral politics ond, the Court explained that the FECA did we all can agree to the obvious: neither does not cause an organization to be deemed ‘‘not reach all partisan discussion for it only the National Education Association a political committee. Merely attempting to requires disclosure of those expenditures nor any labor union will be covered or influence the result of an election is not that expressly advocate a particular election affected in any way by this legislation. enough. This classic form of issue advocacy, result. They can continue to spend millions of influencing an election without express Therefore, in order to protect speech, especially speech that may influence an election, dollars on political activity with no words of advocacy, does not cause an entity meaningful disclosure. to be subject to the reporting and disclosure the Court drew a bright-line so that the requirements of political committees under speaker would know exactly when he crossed Nevertheless, I have chosen to allow the FECA. Only those expenditures that ex- into regulable territory—the express advo- this matter to move forward for a vote pressly advocate the election or defeat of a cacy realm. Anything on the other side of without offering amendments or ex- clearly identified candidate do so. the line, speech that may influence an elec- tended debate. The Senate needs to Thus, it is perfectly consistent that an or- tion, whether intentionally or not, was to be focus on the important business of the ganization may qualify for exemption under protected from government regulation so as to promote the free discussion of issues and American people and return to our first § 527 of the Internal Revenue Code yet not priority of ensuring that all of our ap- qualify as a PAC under the FECA. Tax law candidates. Thus, speech free from explicit provides for exemption from corporate tax words of advocacy, whether made with the propriation bills are passed on time. and a shield against disclosure of contribu- intent to influence an election or not, is per- I plan to vote against this legislation tors. Election law mandates PACs to report fectly appropriate and legitimate. because I believe that the best and all their contributors and expenses, subjects This is not to say that Congress is com- most constitutionally sound solution is them to contribution limits, and prohibits pletely without power to lawfully regulate to require 527 issue advocacy organiza- them from receiving corporate or labor § 527 organizations. The Joint Committee on Taxation’s recommendation that § 527 orga- tions to file public returns with the union contributions. These burdens on a PAC IRS similar to those filed by issue ad- cannot be constitutionally applied to an nizations should be required to disclose tax issue advocacy organization. returns (except for donor information) would vocacy organizations organized under Therefore, as discussed above, § 527 casts a create parity between § 527 organizations and section 501(c)(4) of the Internal Rev- wider net than does the FECA. The FECA § 501(c)(3) and § 501(c)(4) organizations. How- enue Code. Such public returns would bases its requirements on narrowly defined ever, any disclosure that goes beyond the include, among other things: the name activities, not on tax status. Thus, activities public disclosure of tax returns violates the and address of the organization, includ- deemed political by the Internal Revenue constitutional protection of issue advocacy. ing an electronic mailing address; the Service, for purposes of determining tax ex- Mr. MCCONNELL. The Senate has purpose of the organization; the names empt status, are not considered ‘‘political’’ precious few legislative days this year and addresses of officers, highly-com- under the FECA when there is no express ad- to finish the important business of the vocacy of the election or defeat of a federal pensated employees, members of its American people, and there is no time Board of Directors, a contact person candidate. for a meaningful debate on campaign With this background of how the provi- and a custodian of records; and the sions of § 527 and the FECA work, it is appar- finance reform. I think that even my name and address of any related enti- ent that the reformers are yet again at- colleagues on the other side would con- ties. tempting to regulate citizen participation in cede that there are not sixty votes on I also would require the Secretary of the form of protected issue advocacy. As a substantive issues like the antiquated the Treasury to make this information result of the IRS’s amorphous definitions of hard money limits and the soft money publicly available on the Internet with- ‘‘social and welfare activities’’ and ‘‘political question. In fact, after two weeks of intervention,’’ many § 501(c)(4) organizations in 5 business days after receiving the discussions, neither the House nor the information. However, Mr. President, I are now forced to organize under § 527 for tax Senate could cobble together a major- purposes. In fact, the Christian Coalition has would not cross the constitutional line ity for broad and meaningful disclo- filed suit against the IRS challenging its of requiring that the organizations’ overbroad interpretation of what is political sure. confidential donor lists be made public. But I do commend Senator GORDON intervention which caused it to be denied its Again, Mr. President, I think this is SMITH for his efforts to find a reason- § 501(c)(4) exemption. an important debate, but respectfully House Resolution 4168, however, would re- able middle ground. His bill, the Tax- quire issue advocacy organizations exempt Exempt Political Disclosure Act, disagree with my colleagues on the under § 527 to be treated as PACs under the sought a compromise between the constitutional propriety of requiring FECA. However, it is unconstitutional to re- McCain-Lieberman 527-only bill and public disclosure of confidential donor quire issue advocacy groups to register as the broad bill reported out of the House lists for groups that do not contribute PACs. What the government may not do di- to federal candidates or engage in ex- rectly, it may also not do indirectly by Ways and Means Committee that went so far as to cover tax-exempt social press advocacy. bootstrapping onto the Internal Revenue With that, I yield back the remaining Code a requirement of ‘‘political committee’’ welfare organizations like the AARP, registration and reporting requirements. In the NAACP, and the Disabled Amer- amount of time. other words, Congress may not condition a ican Veterans. The PRESIDING OFFICER. The Sen- tax exempt status on reporting and disclo- The Smith bill targeted the key tax- ator from Wisconsin. sure requirements of issue advocacy when it exempt groups in America: labor and Mr. FEINGOLD. Mr. President, the may not constitutionally require in the first business organizations set up under Senator from Kentucky said that near- instance. sections 501(c)(5) and (c)(6) of the tax ly every 527 publicly discloses their The fact that issue advocacy groups may contributors and expenditures. I don’t engage in activities which influence an elec- code, like the Chamber of Commerce, tion, or even admit that their purpose is to the Teamsters and the National Edu- know how the Senator from Kentucky influence an election, is totally irrelevant to cation Association. Recent news sto- can make that claim because he the analysis. What is pertinent is whether ries underscored the need for meaning- doesn’t know. No one knows how many these groups engage in any express advocacy. ful disclosure of tax-exempt labor and 527 organizations there are. They cur- The Buckley Court left intact, as constitu- business organizations. Documents re- rently don’t file any reports whatso- tionally protected, speech that influences an viewed by the Associated Press dem- ever, so we can’t know that. They cur- election. onstrate that the National Education rently don’t even notify the IRS that To make it clear that speech that only in- they exist. That is exactly what this fluences an election, but does not contain ex- Association has spent millions of tax- press words of advocacy, is completely free exempt dollars to influence elections bill will change. from regulation, the Supreme court explic- while simultaneously reporting to the I now yield 2 minutes to one of our itly stated this both positively and nega- IRS that the organization has spent no strongest allies on this issue and on

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the entire issue of campaign finance re- I ask the Chair how much time remains supporter, as was Senator SCHUMER and form, the Senator from New York, Mr. on our side. many others. On the House side, Rep- SCHUMER. The PRESIDING OFFICER. Three resentative SHAYS, who is in the Cham- The PRESIDING OFFICER. The Sen- minutes. ber now, as well as Representatives ator from New York. Mr. FEINGOLD. Mr. President, I ask MEEHAN, HOUGHTON, CASTLE, DOGGETT, Mr. SCHUMER. I thank the Senator unanimous consent for an additional 5 and MOORE were crucial to getting the from Wisconsin for yielding. minutes. bill passed there, over the strong oppo- Both to the Senator from Arizona The PRESIDING OFFICER. Without sition of the House leadership. I am and the Senator from Wisconsin, kudos objection, it is so ordered. proud of how we worked in a bipartisan on their exemplary leadership on this Mr. FEINGOLD. Mr. President, let and bicameral fashion to get the bill issue and the general issue of campaign me note that there is no constitutional done and close this loophole. This ef- finance reform, as well as my col- argument against this bill because fort bodes well for the future of cam- leagues from Connecticut, Michigan, these organizations receive a tax ex- paign finance reform. and Maine who have been such reform emption. The public is entitled to this This is my final point, Mr. President. leaders. information in exchange for the sub- This is not the end of the fight, as we A Chinese proverb says that a trip of stantial tax benefit these groups re- have said. It is just the beginning. Now 1,000 miles begins with the first step. ceive. I am so pleased this matter will that we have cracked the wall of resist- This is the first step, but we do have be demonstrated in the courts because ance to any reform at all, I think we 1,000 miles to go. It is the first step, this bill is going to actually become are ready to move forward on truly and it is a significant one. Until this law. cleaning up the corrupt campaign fi- proposal becomes law, organized crime, I would like to use the remaining nance system. Now that we have dis- drug lords, and other various bottom time to remind my colleagues and the closure of the unlimited amounts that crawlers in society unknown to any of public of the scope of the loophole we are going to outside groups, I think we are ready to address the unlimited con- us could influence the political process are about to get rid of. This has been tributions from corporations, unions, by contributing money and running ads called the ‘‘mother of all loopholes.’’ If and wealthy individuals that the soft that we all know are, for all practical left unchecked, literally millions upon money loophole permits to be given to purposes, political ads. To have no dis- millions of dollars originating from the political parties. foreign governments, foreign compa- closure, let alone no limits, on these Mr. President, I should have also nies, and even, theoretically, organized kinds of activities puts a dagger in the mentioned Senator JEFFORDS, who is heart of democracy. Sunlight is the crime could be spent in our elections present in the Chamber, for his help on disinfectant we need. Sunlight is the without a single solitary bit of report- this issue. disinfectant provided by this provision. ing and accountability—totally secret I know that many of my colleagues It does no less; it does no more. money in unlimited amounts, and no want to clean up this system and are We have many more miles to go. The one would know where the money was willing to work in good faith to find a distinction between hard money and coming from. It is hard to imagine anyway that we can do that. soft money, the fact that these days thing that would be worse for the In the few seconds I have remaining, candidates don’t have to worry about a health of our democracy. I thank a number of staff for their in- $1,000 limit because soft money is so We have a chart here containing, credibly hard work and dedication to prevalent and so available and because word for word, what is essentially an the campaign finance issue and to this of, in my judgment, recent misguided advertisement by one of these groups. 527 disclosure will. We have not had Supreme Court decisions that allow po- It is as plain as day. This group solicits many wins, and they are the ones re- litical parties to do political ads—we contributions from extremely wealthy sponsible for keeping us in this fight. all know they are political ads; simply individuals and groups. Contributions, Mark Buse, Ann Choinere, Lloyd Ator because they don’t say vote for can- it says, can be given in unlimited of Senator MCCAIN’s staff, Laurie didate X, they are not classified as po- amounts. They can be from any source. Rubenstein of Senator LIEBERMAN’s litical ads—makes our system a joke, They are not political contributions staff, Linda Gustitus with Senator makes our system a mockery. and are not a matter of public record. LEVIN, Jane Calderwood and John What we are doing here is simply re- They are not reported to the FEC, to Richter from Senator SNOWE’s staff, turning to the status quo of a year ago any State agency, or to the IRS. Andrea LaRue with Senator DASCHLE, before these 527 accounts were founded. Today, we are wiping out what might and Bob Schiff of my own staff worked We have a very long way to go. The be the most important part of this ad- very long hours to make sure that we only confidence I have is that we do vertisement, that the contributions are got to this point, and we appreciate all have leaders such as the Senator from not a matter of public record. From of their efforts and look forward to fu- Arizona and the Senator from Wis- now on, these groups will disclose their ture victories together. consin to help us move forward. contribution to the IRS. The public I yield the floor. If we were to rest on our laurels, if will be able to see where their money is The PRESIDING OFFICER. Does the we were to think we had now cleaned coming from and understand what is Senator yield back his remaining time? Mr. FEINGOLD. Yes. behind the message. up the system because we passed this The PRESIDING OFFICER. The bill I do want to mention a number of legislation, we would be sadly mis- is before the Senate and open to taken. It is very much need because people who have been central to this ef- amendment. If there be no amendment this is the part of campaign finance fort. Of course, my friend and col- to be proposed, the question is on the that remains under a rock with all the league, Senator MCCAIN, deserves a third reading and passage of the bill. worms and critters crawling undis- huge amount of the credit for putting The bill (H.R. 4762) was ordered to a covered. At the same time, we need to forward our original amendment to the third reading and was read the third go much, much further. I will be glad DOD bill and tenaciously continuing to time. push until it became law. Senators to follow the banner of Senators f MCCAIN and FEINGOLD to try to help LIEBERMAN and LEVIN developed the make that a reality. original bill on 527s, recognizing the THE DEPARTMENTS OF LABOR, I thank the Chair and the Senator huge threat these stealth PACs posed. HEALTH AND HUMAN SERVICES, from Wisconsin. Their work over the past few weeks to AND EDUCATION, AND RELATED The PRESIDING OFFICER. The Sen- make sure we finish the job has been AGENCIES APPROPRIATIONS, ator from Wisconsin. extraordinary. Senator SNOWE, who has 2001—Resumed Mr. FEINGOLD. Mr. President, I long been concerned about getting dis- The PRESIDING OFFICER. The Sen- thank the Senator from New York for closure of phony issue ads run in the ate will now resume consideration of everything he has done on this matter. last days before an election, was a key H.R. 4577, which the clerk will report.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12855 The legislative clerk read as follows: a collaborative effort of the Depart- cation, A Republican Perspective.’’ A bill (H.R. 4577) making appropriations ment of Education’s research arm—the both call for more spending on Edu- for the Department of Labor, Health and Office of Educational Research and Im- cation R&D. At our Budget Committee Human Services, and Education, and related provement (OERI)—the National Task Force on Education hearing on agencies for the fiscal year ending Sep- Science Foundation (NSF), and the Na- education research, we learned that tember 30, 2001, and for other purposes. tional Institute of Child Health and one of our main Federally funded re- The PRESIDING OFFICER. Under Human Development (NICHD). The pri- search institutions was operating with the previous order, the Senator from mary objective of the IERI is to sup- a budget that was smaller than what a Tennessee is recognized to call up an port the development and wide dis- seed company expended in a facility de- amendment. semination of research-proven, tech- voted solely to breeding petunias down AMENDMENT NO. 3654 nology-enabled educational strategies the road. (Purpose: To increase the amount appro- that improve K–12 education. Dr. Robert Slavin, the Co-Director of priated for the Inter-agency Education Re- We debate many new program ideas the Center for Research on the Edu- search Initiative) here in the Senate that have little to cation of Students Placed At-Risk Mr. FRIST. Mr. President, I send an no research to back up them up. Mem- (CRESPAR), one of the Department of amendment to the desk and ask for its bers offer new program after new pro- Education’s research centers, likened immediate consideration. gram in a mad attempt to cure what our current expenditures in federal The PRESIDING OFFICER. The ails American education. I ask my col- education research to health research clerk will report. leagues, ‘‘wouldn’t it be better to know that was limited to ‘‘basic research and The legislative clerk read as follows: what works before we spend billions of descriptions of how sick people are, but The Senator from Tennessee [Mr. FRIST] dollars trying out things that may, in never produced any cures for any- proposes an amendment numbered 3654. fact, not only not work, but harm stu- thing.’’ Additionally, another pro- Mr. FRIST. Mr. President, I ask dent achievement?’’ Reading is a good ponent of education research warns unanimous consent that reading of the example of this. We tried many fads be- that ‘‘poor research often leaves us amendment be dispensed with. fore the scientifically-based research with inadequately tested and rep- The PRESIDING OFFICER. Without evidence came in that you’ve got to licated fads, masquerading as innova- objection, it is so ordered. have phonics. tions, penetrating the system, frus- The amendment is as follows: As we all know, advances in edu- trating the teachers, administrators, On page 18, line 7, insert before ‘‘: Pro- cation, as in most other areas, depend parents and, most importantly, the vided,’’ the following: ‘‘(minus $10,000,000)’’. in no small part on vigorous and sus- children, and leaving us all worse off On page 68, line 23, strike ‘‘$496,519,000’’ and tained research and development. In- than before.’’ Unfortunately, it is often insert ‘‘$506,519,000’’. deed, state and local policymakers, as difficult to discern good research from On page 69, line 3, strike ‘‘$40,000,000’’ and well as school level administrators, are bad. insert ‘‘$50,000,000’’. clamoring for information about ‘‘what The precursor to the Office of Edu- On page 69, line 6, insert after ‘‘103–227’’ the works’’ to guide their decisions. How- cational Research and Improvement following: ‘‘and $20,000,000 of that $50,000,000 ever, historic investments in such edu- shall be made available for the Interagency (OERI) was the National Institute of Education Research Initiative’’. cational research have been woefully Education (NIE). Modeled after the Na- inadequate, and the small federal in- tional Institutes of Health, which is Mr. FRIST. Mr. President, I have a vestments that have been made widely respected, the NIE never real- modification to my amendment, which through the Department of Education ized the same success as its role model. I send to the desk. have not always resulted in the high- The PRESIDING OFFICER. The Sen- A Budget Committee Education Task quality, scientifically credible research ator has that right. Force heard in 1998 that progress at that we have come to expect from The amendment will be so modified. OERI was stymied by inadequate peer- many other research agencies. Much of The amendment (No. 3654), as modi- review processes and a lack of good research that has come out of the De- fied, reads as follows: quality control measures. Recognizing On page 68, line 23, strike ‘‘$496,519,000’’ and partment of Education in years past these problems, OERI—most recently insert ‘‘$506,519,000’’. has been politically driven and not al- under Dr. Kent McGuire’s leadership— On page 69, line 3, strike ‘‘$40,000,000’’ and ways of the highest quality. IERI is a has embarked on a number of prom- insert ‘‘$50,000,000’’. first step on the road to changing that. ising reforms, including an overhaul of On page 69, line 6, insert after ‘‘103–227’’ the Teaming up with highly respected re- its peer review system in partnership following: ‘‘and $20,000,000 of that $50,000,000 search institutions like NSF and with NIH. However, it is clear we must shall be made available for the Interagency NICHD, OERI is improving its research do more. Education Research Initiative’’. Amounts made available under this Act for processes. In the 1997 PCAST ‘‘Report In response to the calls of practi- the administrative and related expense of to the President on the Use of Tech- tioners and experts, the Federal gov- the Department of Health and Human Serv- nology to Strengthen K–12 Education,’’ ernment launched the Interagency ices, the Department of Labor, and the De- an advisory panel of technology, busi- Education Research Initiative (IERI) in partment of Education shall be further re- ness, and education leaders strongly FY1999. The ultimate objective of the duced on a pro rata basis by $10,000,000. urged that a significant Federal re- IERI is to accelerate the translation of Mr. FRIST. Mr. President, it is my search investment be undertaken in robust research findings into concrete understanding that a vote will be education, with a focus on educational lessons for educators to improve stu- scheduled on my amendment tomorrow technology. The report pointed out dent achievement in preK–12 reading, morning. Therefore, I now ask for the that in 1997, we invested less than 0.1 mathematics, and science. To achieve yeas and nays. percent of the more than $300 billion this goal, the National Science Foun- The PRESIDING OFFICER. Is there a spent on K–12 public education each dation, Department of Education, and sufficient second? year to examine and improve edu- National Institute of Child Health and There is a sufficient second. cational practice; by contrast, the Human Development are supporting a The yeas and nays were ordered. pharmaceutical industry invests nearly fundamentally new character of re- Mr. FRIST. Mr. President, I rise to- a quarter of its expenditures on the de- search in education that builds on the night to offer an amendment that I velopment and testing of new drugs. In research portfolios of each agency think goes to the heart of so many of addition to the President’s 1997 Tech- while filling a gap no one agency could our debates here on the Senate floor re- nology Advisory Report, the Budget address alone. This research features garding education. My amendment Committee Task Force on Education’s interdisciplinary collaborations across would fully fund the Department of Interim Report, and this year’s Repub- learning-related disciplines, is sub- Education’s share of the Interagency lican Main Street Partnership Paper on stantively focused on key aspects of Education Research Initiative (IERI)— ‘‘Defining the Federal Role in Edu- preK–12 education, and is conducted on

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 12856 CONGRESSIONAL RECORD—SENATE June 28, 2000 a scale large enough to learn generaliz- violations or upgrade old schools with Mr. President, currently about 12.8 able lessons about what works and new technology. That’s not the answer. million adults need assistance from why. Witnesses at hearings related to What we ought to be doing is making a others to carry out activities of daily educational research in both the Sen- greater overall investment in public living, such as bathing and feeding. ate and the House over the past year education. One in four adults currently provides (e.g., June 1999 in the Senate Health, I have co-sponsored a bill to increase care for an adult with a chronic health Education, Labor and Pensions Com- the amount of Title I funding from $8 condition. Many caregivers struggle mittee, and October 1999 in the House billion to $12 billion in this year alone, with competing demands of paid em- Basic Science Subcommittee) have and I have co-sponsored a bill that puts ployment, raising a family, and caring urged the Congress to build upon and us on track to fully fund our federal for a parent or other relative. support the IERI model. commitment to IDEA within ten years. Caregiving can take an emotional, Calls for all levels of the educational Our economically disadvantaged and physical, mental, and financial toll. A system to be accountable for student special needs students deserve more of recent study found that on average, learning are escalating at the same a commitment from the federal level, workers who take care of older rel- time that technologies offer exciting but they also deserve small class sizes atives lose $659,139 in wages, pension new ways to help all students meet and safe, modern schools. It’s simply benefits, and Social Security over a high standards of excellence. Now more wrong to pit these objectives against lifetime. Further, the estimated na- than ever is the time to elevate the each other, because in the end, our tional economic value of informal role of rigorous, peer-reviewed edu- children are the ones that suffer and caregiving was $196 billion in 1997. cational research—with a focus on that is why I voted to table two amend- The National Family Caregiver Sup- technology—in addressing the urgent ments that I would otherwise support. port Program, originally proposed by Ms. MIKULSKI. Mr. President, I rise challenges of educational reform. With the President, would provide respite today to express my disappointment $30 million in FY1999 funds, the IERI care, information and assistance, care- that this bill does not provide $125 mil- giver counseling, training and peer sup- team has already laid the groundwork lion for supportive services for care- port, and supplemental services to for this innovative research program givers under the Older Americans Act caregivers and their families. Full with 14 new research awards averaging (OAA). As an appropriator, I underfunding of $125 million would provide $2 million per year. Another joint pro- stand the difficult funding constraints services to about 250,000 families. Sen- gram solicitation for $38 million in under which Senator SPECTER and Sen- ators DASCHLE, GRASSLEY and BREAUX, FY2000 funds has recently been re- ator HARKIN operate. However, I also DEWINE, and I have all sponsored legis- leased. My amendment will fully fund know that providing and funding sup- lation in this Congress to establish this the Department of Education’s share in portive services for caregivers has program. Twenty four Senators joined order to continue to grow the IERI to strong bipartisan support and would me earlier this year in urging the leverage potentially vast gains in stu- meet a compelling human need. Labor/HHS Appropriations Sub- dent achievement with a relatively Many of us have had personal experi- committee to fully fund these sup- modest investment in finding out ences caring for parents or other loved portive services for caregivers. I know ‘‘what works.’’ ones and understand firsthand the other colleagues of mine have also Education R&D is a young discipline. stresses and strains caregivers face. voiced support for funding these worth- While the taxonomy for medicine has Last year, the Subcommittee on Aging while services. This is truly a step we been in development for millennia, en- heard the compelling testimony of can take that will meet a compelling gineering for centuries, and biology for Carolyn Erwin-Johnson, a family care- human need. It gets behind our Na- a few hundred years, the widespread giver in Baltimore, Maryland. Ms. tion’s families and helps those who public education of children has oc- Johnson has been caring for her moth- practice self-help. curred for barely more than a century. er who has Multiple Sclerosis for six- As this bill moves to conference, I Consequently, education R&D is even teen years. She left Chicago and her strongly urge the conferees to re-evalu- younger than that. work on a second Masters degree to ate the current decision not to fund The Interagency Education Research come to Baltimore and care for her caregiver support services. As the Initiative will help expand our knowl- mother at home, rather than put her Ranking Member of the Subcommittee edge base and will be money well spent. mother in a nursing home. She found a on Aging, I am working with my col- The amendment is fully offset, and I community-based care system that was leagues on the Health, Education, urge my colleagues to support this fragmented, underfunded, and overbur- Labor, and Pensions Committee to re- very worthwhile investment in our dened. After months of frustration and authorize the OAA this year. I hope children’s education. trying to find help, Ms. Johnson took that we are able to reach agreement on Mr. ROBB. Mr. President, a majority to hiring nursing aides off the street outstanding issues to reauthorize the of this body—myself included—just and training them to care for her OAA this year. While we are working voted to table both the Landrieu and mother while she worked a forty hour on reauthorization, I believe that we Jeffords amendments, each of which work week. Even then, she could only must also move forward on funding have the laudable goals of increasing afford to pay for eight hours of help caregiver support services. American funding for disadvantaged and special when her mother needed 24-hour care. families are counting on us to act. education students. The problem with She and her mother ended up paying on Mr. MACK. Mr, President, as many of both amendments is that they rob average between $17,000 and $20,000 an- my colleagues are aware, cancer has Peter to pay Paul. Both amendments nually in out-of-pocket costs to care played a prominent role in my family’s reduce the amount of funding in Title for her mother at home. history. Some in our family—me, my VI, which has been substantially in- Caregiving has taken its toll on Ms. wife Priscilla, our daughter Debbie— creased this year. The distinguished Johnson. Today, she has been diag- have been lucky enough to have fought Chairman, the Senator from Pennsyl- nosed with two incurable, stress-re- cancer and won. Others in our family vania, has indicated that the $2.7 bil- lated illnesses, changed jobs, and seen have not been so lucky. My father died lion allocated for Title VI this year is her income drop to levels that mean of esophageal cancer, my mother died for the continuation of our class size she can no longer afford to hire private of kidney cancer and my younger reduction efforts and for funding, for aides. Ms. Johnson is helped by the 164 brother Michael died of melanoma at the first time since the 1950’s, a mas- hours of respite care she receives annu- the very young age of thirty-five. sive school modernization effort. The ally from the Alzheimer’s Respite Care As a result, Priscilla and I have be- effect of these amendments is simply Program. In the words of Ms. Johnson, come very active in the fight against to reduce the number of new teachers ‘‘Respite care programs are the key to cancer and in spreading the message schools can hire or reduce the money the survival and longevity of family that early detection saves lives. It’s a they’ll have available to fix fire code caregivers.’’ part of who we are as a family.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12857 And there are other families with mia. Future drug research holds great proceed to a period of morning business their own stories. Michael J. Fox and promise for curing many diseases and with Senators permitted to speak for his family are waging war against Par- lowering the costs of illness by reduc- up to 10 minutes each. kinson’s disease. Mary Tyler Moore ing hospital stays and invasive sur- The PRESIDING OFFICER. Without and her family are fighting diabetes. geries. In fact, one study found that a objection, it is so ordered. Christopher Reeve and his family are $1 increase in drug expenditures re- f searching for a cure to paralysis. And duces hospital costs by about $3.65. We know that past medical advances PROFILE OF SENATOR JOHN millions of other families across the CHAFEE’S KOREAN WAR SERVICE United States are fighting their own have dramatically reduced health care battles against AIDS, sickle-cell ane- costs for such illnesses as tuberculosis, Mr. MOYNIHAN. Mr. President, I rise mia, Lou Gehrig’s disease, Alzheimer’s polio, peptic ulcers, and schizophrenia. today to honor my friend John Chafee. and the many, many other diseases For example, the savings from the On Sunday June 25, 2000, an article ap- that take our loved ones away from us. polio vaccine, which was introduced in peared in Parade Magazine entitled, What I’ve come to realize in my fight 1955, still produces a $30 billion savings ‘‘Let Us Salute Those Who Served’’. against cancer is the crucial role the per year, every year. The article chronicled John’s service in federal government plays in funding Medical advances will help cut costs the Korean War. I ask that the article basic medical research at the National by reducing lost economic output from be printed in the RECORD. Institutes of Health, and how impor- disability and premature death. For ex- There being no objection, the article tant basic research is to finding break- ample, new treatments for AIDS—some was ordered to be printed in the throughs not just for cancer but for all developed with NIH-funded research— RECORD, as follows: of the diseases which affect our fami- caused the mortality rate from AIDS HE WAS THE MOST ADMIRABLE MAN I’VE EVER lies. to drop over 60 percent in the mid- KNOWN For several years now, doubling fund- 1990s, thus allowing tens of thousands (By James Brady) ing at NIH has been a primary goal of of Americans to continue contributing (The author, a Marine who served in the mine in the Senate. The Federal Gov- to our society and economy. Korean War, remembers his comrades in arms—and one extraordinary young leader in ernment, mainly through the NIH, And medical research spending isn’t just about reducing the enormous cur- particular.) funds about 36 percent of all biomedical Is Korea really America’s ‘‘forgotten war?’’ research in this country, and plays an rent burdens of illness. The costs of ill- Not if you ask the foot soldiers who fought especially large role in basic research. ness may grow even higher if we fail to there, Marines and Army both. How could Recently, the Joint Economic Com- push ahead with further research. In- any infantryman ever forget the ridgelines mittee, released a first-of-its kind fectious diseases, in particular, are and the hills, the stunning cold, the wind out study: ‘‘The Benefits of Medical Re- continually creating new health costs. of Siberia, the blizzards off the Sea of Japan? The recent emergence of Lyme disease, How do you forget fighting—and stopping— search and the Role of the NIH,’’ which the Chinese Army, 40 divisions of them examines how funding for the NIH cuts E. coli, and hantavirus, for example, show how nature continues to evolve against a half-dozen U.S. divisions, plus the the high economic costs of disease, renew threats to health. In addition, dan- Brits and some gallant others? And how can duces suffering from illness, and helps anyone forget the thousands upon thousands gerous bacteria are evolving at an Americans live longer, healthier lives. of Americans who died there in three years, alarming rate and grow resistant to And I’d like to take a moment, Mr. in that small but bloody war? every new round of antibiotics. President, to share with my colleagues Korea began 50 years ago today—a brutal, This report extensively shows the primitive war in what Genghis Khan called some of the findings in this extensive benefits of medical research and reaf- ‘‘the land of the Mongols,’’ a war in which I report. firms the enormous benefits we achieve served under the most admirable man I’ve According to the JEC, the economic from funding the National Institutes of ever known, a 29-year-old Marine captain costs of illness in the U.S. are huge— Health in our fight against disease. But named John Chafee. Most of us who fought the Korean War approximately $3 trillion annually, or there is still a lot more work to be 31 percent of the nation’s GDP. This in- were reservists: Some, like me, were green done. I am hopeful my colleagues will kids just out of college. Others were combat- cludes the costs of public and private take a few moments to look at this re- health care spending, and productivity hardened, savvy veterans blooded by fighting port and recognize the important work against the Japanese only five years before— losses from illness. Medical research done by the scientists and researchers men like Chafee, my rifle-company com- can reduce these high costs. But, the at the NIH. It can be read in its en- mander, who would become a role model for NIH is fighting this $3 trillion battle tirety on the JEC website at: life. I can see him still on that first Novem- with a budget of $16 billion. That’s just jec.senate.gov. ber morning, squinting in the sun that half of a percent of the total economic Funding for NIH is really about— bounced off the mountain snow as he wel- cost of disease in the United States. comed a couple of replacement second lieu- hope and opportunity. The challenge tenants. Mack Allen and me, to Dog Com- In addition to lowering the economic before us is great, but America has al- costs of illness, advances in medical re- pany. He was tall, lean, ruddy-faced and ways responded when our people are be- physically tireless, a rather cool Rhode Is- search greatly help people live longer hind the challenge. America landed a lander from a patrician background with a and healthier lives. A recent study man on the moon. We pioneered com- luxuriant dark-brown mustache. ‘‘We’re a found that longevity increases have puter technology. America won the trifle understrength at the moment,’’ he created ‘‘value of life’’ gains to Ameri- Cold War. Now it is time to win the said, a half-smile playing on his face. ‘‘We’re cans of about $2.4 trillion every year. A war against the diseases that plague two officers short.’’ I was too awed to ask significant portion of these longevity our society. We have the knowledge. what happened to them. gains stem from NIH-funded research Chafee didn’t seem to carry a weapon, just We have the technology. Most impor- a long alpine stave that he used as he loped, in areas such as heart disease, stroke tant, we have the support of the Amer- his long legs covering the rough ground in and cancer. If just 10 percent of the ican people. great strides. ‘‘Got to stay in the trench value of longevity increases, $240 bil- I ask my colleagues to join me in the from here on,’’ he said as he showed us along lion, resulted from NIH research, that effort to double funding for the Na- the front line. This sector of ridge was joint- would mean a return of $15 for every $1 tional Institutes of Health. It’s good ly held by us and the North Koreans, the invested in NIH. economic policy, it’s good public pol- trenches less than a football field apart. Also according to the JEC, NIH-fund- icy, and most importantly, it’s good for Chafee questioned the Marines we passed— not idle chat but about enemy activity, ad- ed research helped lead to the develop- all Americans. ment of one-third of the top 21 drugs dressing each man by his last name, the f troops calling him ‘‘Skipper.’’ No one was introduced over the last few decades. MORNING BUSINESS uptight in the captain’s presence, and the These drugs treat patients with ovar- men spoke right up in answering. When ian cancer, AIDS, hypertension, depres- Mr. FRIST. Mr. President, I ask enemy infantry are that close, both the ques- sion, herpes, various cancers, and ane- unanimous consent that the Senate tions and answers are important.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 12858 CONGRESSIONAL RECORD—SENATE June 28, 2000 When I got there as a replacement rifle- the Marines shifted west to fight the Chinese four-term Senator—a Republican elected in platoon leader on Thanksgiving weekend of again. one of our most Democratic states. He died 1951, the 1st Marine Division was hanging on In July 1953, the fighting finally ended— last Oct. 14. to a mountainous corner of North Korea not in peace but in an uneasy truce. So un- IN MEMORY easy that even today some 35,000 American along the Musan Ridge, about 3000 feet high. In the 37 months that the Korean War troops are dug in, defending the same It took us a couple of hours to hike uphill, raged, thousands of Americans died. (For ridgelines and hilltops that we did a half- lugging rifles and packs along a narrow, icy years, the number was thought to be 54,000 century ago. footpath to where the rifle companies were but recently was revised to 36,900.) More If you’ve seen combat in any war, you have dug in. As fresh meat, not knowing the ter- than 8000 are still missing. Yet only in 1995 memories. Also a duty to remember absent rain and nervous about mines, we followed was a national memorial finally dedicated. It friends. And if, like me, you become a writer, close on the heels of Marines returning to includes a black granite wall with murals you have a duty to write about the dead, me- duty after being hit in the hard fighting to and stainless-steel statues of infantrymen morializing them: young men like Wild take Hill 749 in September. In Korea they slogging up a Korean hill. You can visit it at Horse Callan, off his daddy’s New Mexico didn’t send you home with wounds. Not if the National Mall in Washington, D.C. ranch; Doug Brandlee, the big, red-haired they could patch you up to fight again. The Korean War began on June 25, 1950, Harvard tackle who wanted to teach; hand- These Marines, tough boys, understandably when the Soviet-backed army of North Korea some Dick Brennan, who worked in a Madi- weren’t thrilled to be going back. But they smashed across the 38th Parallel to attack son Avenue ad agency; Mack Allen, the engi- went. Dog Company of the 7th Marine Regi- the marginally democratic Republic of neer from the Virginia Military Institute, ment needed them. There was already a foot Korea. With UN approval, the U.S. inter- Bob Bjornsen, the giant forest ranger, and of snow on the ground. When I think of vened, halting the Communists at the Carly Rand of the Rand McNally clan. Korea, it is always of the cold and the snow. Naktong River. Then came Gen. Douglas As the survivors grow older, we stay in Yet the fighting began in summer on a MacArthur’s brilliant end run at Inchon, the touch: Jack Rowe, who won a Navy Cross Sunday morning—June 25, 1950—when the recapture of Seoul and the sprint north. But and lost an eye, teaches school and has 10 Soviet-backed army of Communist North as winter approached, with temperatures at children; Taffy Sceva, still back-packing in Korea smashed across the 38th Parallel to at- ¥20°F, about half a million Chinese came the High Sierra; my pal Bob Simonis, retired tack the marginally democratic Republic of south, prolonging the fighting. The war as a colonel; Joe Owens, who fought at the Korea with its U.S. trained and equipped ended with an armistice on July 27, 1953. It ‘‘frozen Chosin’’ Reservoir; John Fitzgerald, (and not very good) army. Early in the war, was an uneasy truce: Today, 35,000 American the Michigan cop, twice wounded on Hill 749. Gen. Douglas MacArthur had bragged: ‘‘The troops still are dug in, their weapons point- Each of us appreciates how fortunate we are boys could be home for Christmas,’’ But ‘‘the ing north. boys’ would be in Korea three Christmases— to have fought the good fight and returned. courtesy of the Chinese Army. No heroic posturing. Just another dirty job f Every soldier thinks his own war was the country wanted done, and maybe a mil- SEPARATING FACTS, FROM unique. But Korea did have its moments: lion of us went. If we got lucky, a John PARTISAN SMOKE proving a UN army could fight: ending Mac- Chafee was there to lead us. Arthur’s career with a farewell address to Chafee later carved out a brilliant political Mr. LEAHY. Mr. President, the At- Congress (‘‘Old soldiers never die. They just career, including governor of Rhode Island, torney General of the United States fade away. . . . ’’): helping elect Eisenhower, Secretary of the Navy and four terms as a testified yesterday for almost 4 hours who pledged in ’52, ‘‘I will go to Korea’’; dem- U.S. Senator from Rhode Island. I had dinner before the Senate Judiciary Committee onstrating that Red China’s huge army could with John and his wife, Ginnie, last fall: a to answer yet more questions about be stopped; insulating Japan from attack; meal, a little wine, laughter and good talk, a few memories. I’m glad we did that. Because campaign finance investigations and and enabling the South Korean economic independent counsel decisions. She did miracle. But the war’s lack of a clear-cut John Chafee won’t be marking today’s anni- winner and loser may have set the stage for versary. Last Oct. 24, still serving as a Sen- so with her typical candor and integ- Vietnam. ator, Captain Chafee died, 57 years after he rity. As a junior officer, I had little grasp of first left Yale to fight for his country. Not willing to settle for the fact that such strategic matters. I commanded 40 Ma- The funeral was in Providence, and my this hearing revealed nothing new, cer- rines, combat veterans who had fought both daughter Fiona, and I drove up. The Presi- tain Republican Members have today the Chinese and the North Koreans. Captain dent and First Lady were there and 51 Sen- sought to muddy the waters and twist Chafee led us: Red Philips was his No. 2; Bob ators, as well as Pentagon chief Bill Cohen, the Commandant of the Marine Corps, a ma- the facts. I would like to cut through Simonis, Mack Allen and I were his three this political haze and set the record rifle-platoon leaders. rine honor guard, people from Yale and just Guided by Chafee, I saw my first combat. plain citizens, Chafee’s five children and 12 straight. Mostly it was small firefights, patrols and grandkids, and a few guys like me who These are rumored recommendation ambushes, usually by night. I learned about served under him in war. His son Zechariah to appoint a special counsel. staying cool and not doing stupid things. began the eulogy on a note not of grief but It is not the ‘‘established custom’’ When darkness fell, we sent patrols through of joyous pride: and ‘‘practice’’ of the Judiciary Com- the barbed wire and down the ridgeline ‘‘What a man! What a life!’’ mittee or its subcommittees to an- So, when you think today of that small across a stream, the Soyang-Gang, trying to nounce publicly confidential Justice grab a prisoner or to kill North Koreans. war long ago in a distant country, remember the dead, those thousands of Americans. And Department information relating to Meanwhile, they came up Hill 749 and tried pending matters. Although Senator to kill us. the thousands of U.S. troops still there, The second or third night I was there, the ready to confront a new invasion. Think too SPECTER did so this past week when he Koreans hit us with hundreds of mortar of the Skipper—my friend. Capt. John held a press conference and spoke on shells, then came swarming against the Chafee. national television about a reported barbed wire, where our machine guns caught THE HEROIC CAREER OF JOHN CHAFEE recommendation of the Justice Depart- them. At dawn there were six dead Koreans I didn’t know it at the time, but John ment’s Campaign Finance Task Force hanging on the wire. Except for Catholic Chafee already was a kind of legend when I Chief Robert Conrad, that disclosure wakes at home, I’d never seen a dead man. met him. A college wrestling star, he was highly unusual. Although the Sen- That morning we tracked wounded Koreans dropped out of Yale at 19 to join the Marines ator has characterized this information from their blood in the snow. The following after Pearl Harbor, fighting on Guadalcanal day, a single incoming mortar hit some Ma- as a private, then made officers candidate as obtained by way of ‘‘official inves- rines lazing in the sun. Two died; one lost his school and fought on Okinawa as a lieuten- tigation,’’ such information nor its legs. I hadn’t been in Korea a week. ant. He went back to Yale (and the wrestling source has been shared with me or, to Sergeants like Stoneking, Wooten, and team), was tapped by Skull and Bones, the my knowledge, with any Democratic Fitzgerald, and a commanding officer like honor society, and took a law degree at Har- Member of the Committee or the Sen- Chafee, got a scared boy through those early vard. Then as a married man (to Virginia ate. days. When I tripped a mine in deep snow the Coates) with a child on the way, he went The only public statements of Mr. morning of January 13, 1952, and blew up Ser- back to commanding riflemen in combat. A Conrad were made at a Judiciary Sub- geant Fitzgerald and myself, the first man I man with money and connections (his great- saw as they hauled up out by rope was Cap- grandfather and great-uncle both had served committee hearing on June 21, 2000. In tain Chafee. We fought the North Koreans as governor), he never took the easy out. response to questions from Senator into spring and then, when the snow melted Chafee went on to become governor of SPECTER regarding recommendations and the Chinese threatened to retake Seoul, Rhode Island, Secretary of the Navy and a to the Attorney General with respect

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12859 to a special prosecutor, Mr. Conrad sions in this matter, have been motivated by The very next day, March 14, 1997, we stated, ‘‘That, I don’t feel comfortable anything other than the facts and the law were called upon to debate on the Sen- discussing in public. I would perceive which she is obligated to follow. ate floor the Republican Senate resolu- whether I have done that or not as Quoting FBI Director Louis Freeh, tion that the Attorney General should something that pertains to an ongoing August 4, 1998. call for the appointment of an inde- investigation.’’ (Subcommittee on Ad- At the end of the process, I was completely pendent counsel. During the five days ministrative Oversight and the Courts, comfortable with [the Attorney General’s] of Senate debate, Senator BENNETT ob- ‘‘Oversight Hearing on 1996 Campaign decision not to seek an independent counsel served that he viewed the coffees at the and with the process by which she reached Finance Investigations’’). Senator that decision. White House as inappropriate but not SPECTER pressed him to discuss the illegal: Quoting Charles La Bella, Former matter in private, to which Mr. Conrad Campaign Finance Task Force Super- [C]learly, it does not call for the appoint- responded a firm, ‘‘no, I am not sug- ment of an independent counsel. It is some- visory Attorney, May 3, 1998. gesting that. I am suggesting that my thing we can talk about in the political The integrity and the independence arena. It is on the legal side of the line. obligations as a prosecutor would pre- of the Attorney General are ‘‘beyond Nonetheless, when the time came to vent me from discussing that.’’ reproach,’’ quoting Charles La Bella, At the Judiciary Committee hearing vote on the resolution the Republicans Former Campaign Finance Task Force yesterday, the Attorney General also adopted it on a straight party-line Supervisory Attorney, August 4, 2000. declined to respond to any questions on The Attorney General ‘‘made no deci- vote. They then proceeded to table an recommendations that may or may not sions to protect anyone,’’ quoting alternative resolution, S.J. Res. 23, have been made regarding appointment Charles La Bella, Former Campaign Fi- that would have called upon the Attor- of a special counsel. She said, ‘‘With re- nance Task Force Supervisory Attor- ney General to exercise her best profes- spect to the present matter, as I said at ney, May 2, 2000. sional judgment, without regard to po- the outset, I am not going to comment litical pressures and in accordance [A]ll of the Attorney General’s decisions on pending investigations . . . I think were made solely on the merits, after full— with the standards of the law and the it imperative for justice to be done indeed exhaustive—consideration of the fac- established policies of the Department that an investigation be conducted tual and legal issues involved and without of Justice to determine whether the without public discussion so that it can any political influence at all. independent counsel process should be be done the right way.’’ Quoting Robert Litt, Former Prin- invoked. That more even-handed lan- Other than the Attorney General and cipal Associate Deputy Attorney Gen- guage that did not prejudge the out- Mr. Conrad’s public refusals to confirm eral, June 21, 2000. come or tell the Attorney General or deny the existence of any rec- In response to whether he had any what to do was, likewise, opposed by ommendation, or to reveal the subject doubt about Attorney General Reno’s every Republican Senator. matter of any such recommendation, integrity: ‘‘No, I do not,’’ said Larry Thus, by their votes on March 14, we have only Senator SPECTER’s rep- Parkinson, FBI General Counsel, May 1997, every Republican Senator had evi- resentation of information purportedly 24, 2000. denced that his or her mind was made obtained from unknown sources and The only political pressure on the At- up on these issues and as a party they press accounts from unidentified ‘‘gov- torney General has come from the Re- marched lockstep to the conclusion ernment officials’’ that Mr. Conrad has publican majority. I believe that it was that an independent counsel should be made any recommendation to the At- on March 4, 1997 that Senator LOTT appointed. The House Republicans then torney General about appointment of a first introduced a Senate resolution refused to consider the resolution and special counsel. We have no confirma- proposing a sense of the Congress that it died without final action. Even after tion from the principals involved that the Attorney General should apply for the multimillion dollar investigation such a recommendation has actually the appointment of another inde- by the Governmental Affairs Com- been made nor of the subject matter of pendent counsel to investigate illegal mittee chaired by Senator THOMPSON any such recommendation. Before fund-raising in the 1996 presidential into allegations of campaign finance, Members of Congress invite the Amer- election campaign. and the investigations by the Burton ican public to think the worst about Within 48 hours, on March 6, 1997, committee and in spite of the 20 con- the Vice President and put him in the Senator HATCH had his own resolution victions achieved by the Campaign Fi- position of trying to prove his inno- to this effect added to the Judiciary nance Task Force within the Depart- cence of allegations, which even the Committee agenda. Ironically, Chair- ment of Justice, the Specter investiga- anonymous sources have not detailed, man HATCH made clear that we would tion is now revisiting certain events we should heed the advise of the Attor- not ask for an independent counsel to from 1996. ney General to ‘‘be careful as you com- investigate the Vice President and The American people know a par- ment that you have the facts.’’ telephone calls made from his White tisan endeavor when they see one. The Despite the fact that the Attorney House office. He characterized the crit- American people know that the upcom- General has appointed seven inde- icism of the Vice President as ‘‘scur- ing nomination and election of the pendent counsels to investigate mat- rilous criticism.’’ He said that he did next President of the United States are ters involving the President and var- ‘‘not think that the speculation sur- no justification for dragging these mat- ious Cabinet Officers, and appointed a rounding the Vice President is as seri- ters back into the Senate for more pol- special counsel to investigate the trag- ous as some would make it’’ and indi- itics of personal destruction and innu- ic events at the Branch Davidian com- cated that he would not participate in endo and leaks and partisan inves- pound in Waco, Texas, Republican making a big deal out of it. Even as- tigating for short-term political gain. I Members continue to press the charge suming that he had been engaged in a had hoped that we had our fill of these that Attorney General Reno refused to technical violation, the Chairman said efforts when the Senate rejected the ef- appoint an independent counsel for that he would not call in an inde- forts by Kenneth Starr and the House campaign finance matters for some il- pendent counsel to investigate those Republicans to force President Clinton legitimate reason. This charge is un- matters. out of the office to which he was twice founded and refuted even by those peo- Rather than act in a fair, balanced elected by the American people. Re- ple who disagreed with the Attorney and bipartisan way, on March 13, 1997, grettably, I was wrong and, apparently, General’s decisions not to seek ap- the ten Republican Senators on the Ju- some on this Committee are still en- pointment of independent counsels for diciary Committee served a letter on gaged in destructive partisanship. campaign finance matters, including the Attorney General requesting the The Pendleton Act, 18 U.S.C. § 607, the following. appointment of an independent counsel prohibits the solicitation of campaign I do not believe for one moment that any to investigate possible fund-raising contributions, as defined by the Fed- of her decisions, but particularly her deci- violations. eral Election Campaign Act, on federal

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 12860 CONGRESSIONAL RECORD—SENATE June 28, 2000 property. The Department of Justice The Attorney General did not ‘‘dis- and concluded, with regard to the Vice has exercised a policy—through both count’’ the information provided by President on two occasions. The Attor- Democratic and Republican Adminis- David Strauss, who was present at the ney General also testified accurately trations—of declining to prosecute vio- time of the November 21, 1995 meeting that in order to seek an independent lations of section 607 that do not have in considering whether to appoint an counsel following the conclusion of a some sort of aggravating factors like independent counsel to investigate the preliminary investigation, she needed coercion of involuntary political dona- Vice President and his knowledge of ‘‘reasonable grounds to believe that tions. Indeed, the uncontroverted the hard money component of the further investigation is warranted’’ of record of enforcement of the Pendleton media fund. Rather, as the Attorney the matters that had been under inves- Act demonstrates that both Republican General patiently explained yesterday, tigation. This standard was also accu- and Democratic Justice Departments she fully considered the notes and the rately reflected in the Attorney Gen- have applied this policy and declined to fact that Strauss himself believed the eral’s notifications to the court on this take action repeatedly over the past media campaign had been financed en- issue, in which she found no such ‘‘rea- decades. By way of example, in 1976, tirely with soft money. Indeed, this sonable grounds’’ as to the Vice Presi- the Justice Department declined to issue is discussed in full in the ‘‘Notifi- dent. prosecute officials responsible for send- cation to the Court Pursuant to 28 Regarding the Hsi Lai Temple Mat- ing letters signed by President Ford to U.S.C. 592(b) of Results of Preliminary ter, Republican Members questioned federal employees at their workplaces Investigation’’ publicly filed on No- the Attorney General about the Vice soliciting contributions on behalf of vember 24, 1998. President’s visit on April 29, 1996 to the Republican congressional candidates. As the Attorney General explained, Hsi Lai Temple in Los Angeles and In 1988, prosecution was declined when the fact that Strauss’s contempora- speculated that he was not fully forth- two Republican Senators sent solicita- neous notes reflect discussion of the coming about his understanding of the tion letters as part of a computerized hard/soft money split, does not bear on nature of the event. The Vice President direct-mailing to employees of the the Vice President’s recollection of the has consistently insisted that he was Criminal Division of the Justice De- matter. Any discussion about ‘‘re- not aware this event was a fundraiser. partment. In response to my question corded recollection’’ misses the boat. Senator SMITH observed yesterday: at the hearing yesterday, the Attorney Federal Rule of Evidence 803(5) states I don’t understand for the life of me why General confirmed that this remained that a: any individual would deny that he or she at- the Justice Department’s policy. memorandum or record concerning a matter tended a fundraiser. Attending a fundraiser There is no evidence that fund-rais- about which a witness once had knowledge is not a bad thing. ing telephone calls, which the Vice but now has insufficient recollection to en- Perhaps, the answer is as simple as President has acknowledged making able the witness to testify fully and accu- this: that the Vice President did not from the White House, implicated any rately, shown to have been made or adopted know the temple event was a fund-rais- ‘‘aggravating factors’’ warranting pros- by this witness when the matter was fresh in er, just as he says. ecutorial attention. Nevertheless, and the witness’ memory and to reflect that knowledge correctly The record is clear that the Vice in the absence of such evidence, some President was initially scheduled to at- have claimed that because a hard Will not be considered hearsay. How- tend a fund-raising luncheon at a res- money component of the DNC media ever, regardless of whether Strauss’s taurant in Los Angeles on April 29, fund used to pay for television adver- notes could be admissible at a hypo- 1996, and that after the lunch, he was tising in 1995 and 1996 may have been thetical trial, the fact remains that supposed to go to the temple, about 20 discussed at a meeting attended by the they are irrelevant on the question of minutes away, for a community out- Vice President and fourteen others on what the Vice President, not Strauss, reach event. No tickets were to be sold November 21, 1995, the Vice President’s knew or heard. Although it was insinuated that thir- and no fund-raising was to take place statements two years later that he be- teen memoranda from Harold Ickes are at the temple. A few weeks before the lieved the media fund to be entirely of evidence as to the Vice President’s events, the Vice President’s schedulers soft money were false. Yet, as the At- knowledge of the hard money compo- torney General testified yesterday, determined there was not enough time nent of the media fund, as the Attor- only two participants—not four as Sen- for two events. The guests previously ney General testified yesterday, only invited to the restaurant luncheon ator SPECTER stated this morning— even recalled that the hard money six or seven of those memoranda pre- were told they could attend a luncheon component of the media fund had been dated the telephone calls. In addition, at the temple dining hall after the for- mentioned at the 1995 meeting. as set forth in publicly filed court doc- mal ceremonies. The Attorney General testified that uments, there was no evidence that the Although the luncheon at the temple thirteen participants did not recall any Vice President had read them and the was a DNC-sponsored event, no tickets such discussion and: Attorney General testified that the were sold, no campaign materials were [w]hile the Vice President was present at the Vice President’s staff ‘‘corroborated displayed, no table was set up to solicit meeting, there is no evidence that he heard his statement that he did not, as a or accept contributions, and the Vice the statements or understood their implica- matter of practice, read Ickes’ President spoke about brotherhood and tions so as to suggest the falsity of his state- memos.’’ religious tolerance, not fund-raising. ments 2 years later that he believed the As to the Standard of Proof to Move Attendees included a Republican mem- media fund was entirely soft money, nor does from a Preliminary Investigation to ber of the Los Angeles County Commis- anyone recall the Vice President asking any Independent Counsel, Republicans have sion. questions or making any comments at the repeatedly suggested that an inde- Notwithstanding these facts, Repub- meeting about the media fund, much less questions or comments indicating an under- pendent counsel should have been ap- lican Senators have insisted that an standing of the issues of the blend of hard pointed for the Vice President and have email from an aide to the Vice Presi- and soft money needed for DNC media ex- focused on whether there was ‘‘specific dent on March 15, 1996, suggests that penditures. and credible information’’ regarding the Vice President knew the Hsi Lai The Attorney General explained that the wrongdoing. This is a Temple event was a fund-raiser. This Justice Department lawyers had: mischaracterization of the applicable conclusion is wrong and ignores rel- concluded in this instance—that the range standard under the now-lapsed Inde- evant facts. First, the original plan had of impressions and vague misunderstandings pendent Counsel law. As the Attorney been for the Vice President to partici- among all the meeting attendees is striking General clarified yesterday, that stand- pate both in a fund-raiser at a res- and undercuts any reasonable inference that a mere attendance at the meeting should ard is only relevant to whether a pre- taurant and a visit to the temple on have served to communicate to the Vice liminary investigation within the Jus- April 29, 1996. Later that day he was to President an accurate understanding of the tice Department should be commenced. attend another fund-raiser at a private facts. Indeed, such an inquiry was conducted, home in San Jose. The email to which

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12861 the Republicans referred at the hear- Since Columbine, thousands of Amer- and an ally respected by all nations. I ing, dated March 15, 1996, is from an icans have been killed by gunfire. Until call on Congress and the Administra- aide and states in relevant part: ‘‘we’ve we act, Democrats in the Senate will tion to do all that is possible to ensure confirmed the fundraisers for Monday, read some of the names of those who that President Putin moves his coun- April 29th. The question is whether you lost their lives to gun violence in the try towards this goal. wish to seriously consider [another in- past year, and we will continue to do so f vitation in New York.].’’ The Vice every day that the Senate is session. President replied by email that ‘‘if we In the name of those who died, we THE VERY BAD DEBT BOXSCORE have already booked the fundraisers will continue this fight. Following are Mr. HELMS. Mr. President, at the then we have to decline.’’ Obviously, the names of some of the people who close of business yesterday, Tuesday, the fund-raisers to which these emails were killed by gunfire one year ago June 27, 2000, the Federal debt stood at refer are the one fundraiser originally today. $5,650,719,953,982.79 (Five trillion, six scheduled at a restaurant in Los Ange- June 28, 1999: hundred fifty billion, seven hundred les, later cancelled, and the fundraiser Shawn Anderson, 28, Baltimore, MD; nineteen million, nine hundred fifty- in San Jose. They do not refer to the James Bennett, 54, Houston, TX; Charles three thousand, nine hundred eighty- Hsi Lai temple visit. Johnson, 43, Houston, TX; John J. Juska, 58, two dollars and seventy-nine cents). Regarding oversight of the Peter Lee Cape Coral, FL; Kris Kempski, 32, St. Louis, One year ago, June 27, 1999, the Fed- case, Senator SPECTER has claimed MO; Samuel L. Leonard, 43, Chicago, IL; eral debt stood at $5,640,526,000,000 that the Peter Lee case is a closed mat- Keith McSwain, 21, Washington, DC; Alfredo (Five trillion, six hundred forty billion, ter and that it was somehow appro- Montano, 23, Chicago, IL; Ronald Posada, 22, five hundred twenty-six million). Houston, TX; Latrell Thomas, 34, Chicago, Five years ago, June 27, 1995, the Fed- priate to interview the district court IL; Robin Thompson, 21, Baltimore, MD; judge in that case. The record should Taha Wheeler, 21, Detroit, MI; Willie Wilson, eral debt stood at $4,948,217,000,000 be clear that the Lee case is in fact 44, Philadelphia, PA; Ronnie Woodall, 26, St. (Four trillion, nine hundred forty-eight pending in at least two respects. First, Louis, MO; and an unidentified male, 27, billion, two hundred seventeen mil- Lee filed a motion to terminate his Portland, OR. lion). probation on September 28, 1999. Oppo- f Ten years ago, June 27, 1990, the Fed- sition to the motion was filed by the eral debt stood at $3,165,289,000,000 RUSSIA HUMAN RIGHTS government on October 6, 1999. A deci- (Three trillion, one hundred sixty-five sion on that motion had not yet been Mr. FEINGOLD. Mr. President, I wish billion, two hundred eighty-nine mil- rendered at the time of the Senator’s to voice my concern about the deterio- lion) which reflects almost a doubling interview of the judge in February 1999 rating human rights situation in Rus- of the debt—an increase of almost $2.5 and may remain pending today. In ad- sia. A decade after the break-up of the trillion—$2,485,430,953,982.79 (Two tril- dition, until either this motion is Soviet Union, Russia still faces enor- lion, four hundred eighty-five billion, granted or Lee’s term of probation ex- mous obstacles to becoming a stable four hundred thirty million, nine hun- pires, Lee will remain under the super- and prosperous nation. Russia’s GDP is dred fifty-three thousand, nine hundred vision of the court and the Probation less than half of what it was before the eighty-two dollars and seventy-nine Department. Should he commit any break-up, with much of its population cents) during the past 10 years. impoverished and uncertain about its violations, his probation could be re- f voked by the judge and he could be sen- future. Russia’s medical system is in tenced to a term of imprisonment. near collapse, and both life expectancy ADDITIONAL STATEMENTS Concerning the idea that Judiciary birthrates have declined sharply. Crime is escalating, and corruption is Committee Senators should have PRESERVING TYRE, LEBANON standing in independent counsel mat- widespread. ters, I have heard the suggestion that This is a scenario that would chal- ∑ Mr. ABRAHAM. Mr. President, I rise the Judiciary Committee should have lenge any government. It will require today to recognize the American Na- standing to seek judicial review of the great leadership to turn things around tional Committee for Tyre and the Attorney General’s decisions on special in order to move Russia towards great- International Association to Save Tyre counsel matters. This proposal seeks er freedom and prosperity. But recent for all the good work they are doing to yet again to politicize the integrity of events have made me fearful that, raise awareness on the issue of pre- the process. It also ignores the fact rather than leading Russia forward, serving this great historical site. As that the independent counsel law is no President Putin and his government many may know, Tyre, Lebanon was longer in effect. The special counsel are leading their country back into the one of the most important cities in the process is simply governed by Attorney regrettable past. classical era. It served as an adminis- General regulations. Surely this Com- The apparently baseless arrest of trative center of life for the people of mittee should not have standing to in- Vladimir Gusinsky raises new concerns the Mediterranean region, and was the tervene in the application of internal about President Putin’s commitment birthplace for the modern day alphabet Justice Department regulations. to an independent media, particularly and democracy. If restored to its origi- I have expressed concern about the in light of his government’s abuse of nal beauty, and its antiquities are damage that can be done to the integ- Radio Liberty journalist Andrey carefully unearthed and preserved, rity of the criminal justice system if Babitsky in retaliation for critical re- Tyre could become a world center for the majority in Congress politicizes porting from Chechnya. The Russian cultural education of past civilizations. prosecutorial decision-making, includ- government has not heeded inter- I am pleased to serve as the Honorary ing by interfering in ongoing criminal national calls for an independent inves- Chairman of the American National matters and pending investigations. tigation into reports of escalating Committee and I am honored to work Authorizing the majority of a standing human rights abuses allegedly com- with my colleague and friend, Senator Congressional Committee to initiate a mitted by Russian troops against Claiborne Pell, whose previous 20 years criminal investigation is a bad idea. Chechen civilians. The reported harass- of leadership on this issue remains in- f ment by the Putin government against valuable. some religious minorities, including There is no dispute that underneath VICTIMS OF GUN VIOLENCE pressure placed on a prominent Jewish the present day soil of Tyre lies the Mr. SCHUMER. Mr. President, it has group, is also extremely troubling. great archeological treasures of eight been more than a year since the Col- Mr. President, a Russia that is demo- successive civilizations: the Phoeni- umbine tragedy, but still this Repub- cratic and free and follows the rule of cian, Persian, Roman, Greek, Byzan- lican Congress refuses to act on sen- law will be a strong and prosperity tine, Arab, and Ottoman, as well as sible gun legislation. country, a source of pride to its people, that of the Crusaders. Many attempts

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 12862 CONGRESSIONAL RECORD—SENATE June 28, 2000 have been made to unearth these treas- for buses and car pools and a computer head of the National Ocean Service at ures, but present day realities have system to monitor and manage traffic the National Oceanic and Atmospheric made it very difficult to implement a movement. In fact, Georgia DOT’s Ad- Administration. The news of her pass- full fledged plan to discover these an- vanced Transportation Management ing was bitter pill. Not only was Dr. tiquities. System, NAVIGATOR, is the most Foster a dedicated and visionary public Tyre has been designated as a World complete model of an urban transpor- servant, but she was also universally Heritage site, and as such, should be tation management system in the admired and loved. I know that her cre- treated with great respect for the edu- United States and is being studied by ativity, boundless energy, and compas- cation of future generations. The Gov- transportation leaders worldwide. sion will be sorely missed both here ernment of Lebanon is searching for Commissioner Shackelford is recog- and at NOAA. Dr. Foster’s efforts in ways to protect the archeological sites nized for his interest in multimodal my home state of South Carolina both while planning realistically for eco- and intermodal transportation issues. as head of NOS and then at NOAA’s nomic expansion and tourism. However He has refocused the efforts of Georgia Fisheries Service were testaments to there are problems. DOT on the movement of people and her skill at bringing groups together to The Lebanese Government recently goods, not just vehicles, and has looked solve incredibly complex coastal prob- approved building the southern exten- beyond roads by initiating the develop- lems, from protecting our sea turtles sion of the coastal highway near many ment of passenger rail service and ex- to conserving and understanding our of the archeological treasures. The gov- panding rural airports to accommodate precious coastal resources. The world ernment has also permitted some of commuter aircraft. is a better place for her having served the coastal sea area to be refilled for His leadership extends to regional here with us. the construction of parking lots. In ad- and national transportation policy de- Dr. Foster came to NOAA in 1977 and dition, there has been damaging activ- velopment. He served as President of spent her career promoting programs ity surrounding Tell El-Mashouk. the Southeastern Association of State to explore, map, protect and develop It is my hope that the Lebanese gov- Highway and Transportation Officials sustainably our Nation’s coastal and ernment will institute a master plan, in 1993 and was President of the Amer- fishery resources. She helped create cultural resources assessment, and a ican Association of State Highway and the National Marine Sanctuary Pro- management plan for Tyre which will Transportation Officials in 1995. He was gram and Estuarine Research Reserve clearly map out the best approach at also Chairman of the Board of Direc- Program. These programs preserve uncovering, preserving, and displaying tors of the Intelligent Transportation America’s near shore and offshore ma- these vast treasures. I do hope that the Society of America from 1998 to 1999 rine environments in the same manner government will cease it present activ- and continues to serve on the Board. In as do the better known national parks ity in the area until it can develop a addition, he became Chairman of the and wildlife refuges on land. Nancy workable and enforceable plan. Executive Committee of the Transpor- went on to serve as the Director of Pro- It seems a particularly appropriate tation Research Board of the National tected Resources at NOAA’s Fisheries time for the Lebanese Government to Research Council in January, 1999 and Service, where she managed the Gov- be planning their approach to the city was a member of the President’s Coun- ernment’s programs to protect and of Tyre. With the Israeli withdrawal cil on Year 2000 Conversion. conserve whales, dolphins, sea turtles from the South of Lebanon, and peace He has earned many national and and other endangered and protected close at hand, Lebanon can begin the state awards, including the Key Citizen species. After that, Dr. Foster was process of rebuilding through tourism. of 1996 Award from the Georgia Munic- named the Deputy Director of the Fish- It is my hope that part of the agenda ipal Association. In September, 1997, eries Service, where she forged alli- to rebuild Southern Lebanon includes the State Transportation Board dedi- ances between fishing and conservation the preservation of the great city of cated the Transportation Management groups to ensure both the protection of Tyre and its surroundings, and I offer Center in Atlanta as the Wayne our living marine resources and the my assistance to do what I can in the Shackelford Building. sustainability of our human resources. United States to help the government The Georgia DOT has also won many I particularly recall her special efforts of Lebanon achieve this goal.∑ top national awards under Commis- in South Carolina, where she worked f sioner Shackelford’s leadership, includ- hand in hand with our shrimpers to ing the top national awards for asphalt help them devise ways of keeping sea TRIBUTE TO WAYNE and concrete paving for 1996 and the turtles out of their nets. SHACKELFORD top quality construction awards from In 1977, Commerce Secretary Bill ∑ Mr. COVERDELL. Mr. President, I the National Asphalt Paving Associa- Daley and NOAA Under Secretary Jim rise to pay tribute to a constituent, a tion in 1997 and 1998. Georgia has been Baker tapped Nancy to take over the distinguished public servant, and a rated for two consecutive years—and National Ocean Service. Not only was friend—Wayne Shackelford, who re- for many of the past 15 years—as hav- she the first woman to direct a NOAA cently retired as Commissioner of the ing the best-maintained roads in the line office, but she was given one of the Georgia Department of Transportation. nation. most senior levels a career professional During his tenure, Commissioner For these and many other achieve- can achieve; in other agencies or bu- Shackelford presided over the reshap- ments it is my great pleasure to com- reaus, such a position would be re- ing of Georgia’s transportation net- mend Commissioner Shackelford, to served for at least an Assistant Sec- work, helping build up our state’s in- thank him for his many years of hard retary-level official. NOS has the long- frastructure for the 21st century. As work and dedication on behalf of the est running mission of all the NOAA one of the fastest growing states in the people of Georgia, and to wish him well line offices—coastal mapping traces its Union, with a population rapidly ap- in all his future endeavors.∑ lineage back to 1807—and she pioneered proaching 8 million, Georgia will face f a reinvention effort that has made the many challenges in the coming dec- Ocean Service one of the most modern ades. We are well prepared to meet TRIBUTE TO DR. NANCY FOSTER and effective of the line offices. A prov- those challenges in large part thanks ∑ Mr. HOLLINGS. Mr. President, it is en innovator, she directed the total to the vision and leadership of Wayne with the most heartfelt sadness that I modernization of NOAA’s essential Shackelford. rise today to commemorate the life of nautical mapping and charting pro- Since taking office in 1991, he has Dr. Nancy Foster, who passed away grams. In addition, along with Dr. Syl- overseen the construction of more than Tuesday at her home in Baltimore, via Earle she created a ground-break- 5,000 miles of new roads throughout the Maryland. As I stand here today I re- ing partnership with the National Geo- state, while stewarding such innova- call that only a year ago I spoke to you graphic Society to launch a 5-year un- tions as Georgia’s first express lanes about Dr. Foster’s outstanding work as dersea exploration program called

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12863 ‘Sustainable Seas Expedition.’ to reward movement in a community. Because a given for me. That Jesus Christ was His kindle our nation’s interest in the very often we think about where we would son was a given for me. But while mine is oceans, and especially the national ma- like the community to go, we think about not a story of conversion, it is a story of a rine sanctuaries. This effort has where we would like our leaders to take us. journey to deepen my personal faith, and I We very often forget that strong commu- would imagine that for many of you, a story sparked the kind of enthusiasm about nities are built person by person, step by that resonates, a story that has a familiar the oceans that Jacques Cousteau cre- step, by the responsibility of each and every ring. You see, it’s easy when you are born to ated when I first came to the Senate. one of us. That responsibility and that religious faith to take that faith for granted, While the Federal Government fre- strength, I believe, can come from many dif- and not to deepen and to grow in it, not to quently recognized Dr. Foster’s con- ferent sources, and certainly it comes from question, and to become comfortable with it. tributions through numerous impor- different sources for different people. But for When we moved here to Denver, I was at tant awards, she was also a person many of us, and perhaps for most of the peo- Montview Boulevard Presbyterian Church. I whom the rank and file employees at ple in this room, it certainly relates to deep was in the choir. I met some members of and abiding faith in God, whatever one’s reli- Montview Boulevard here today with whom I NOAA—the marine biologists, re- gious background. For me it comes from a sang in the choir. It was a wonderful church, searchers, and managers—trusted and deep and abiding faith in Jesus Christ. a large church. And then I moved to Cali- admired. She was a strong and enthusi- Now I have to tell you that I was born into fornia, and for awhile I continued to go to astic mentor to young people and a the church. I didn’t have much choice. In church as I had done every Sunday since I staunch ally to her colleagues. She has, fact, on the day that I was born which was a could remember. But you know pretty soon and always will, serve as a role model Sunday, at 11:48 my father was preaching a things got busy. And so before you knew it, for professional women everywhere, es- sermon. He had been told on Friday night Sundays were for something else. Maybe I pecially those who work in the that his child probably wasn’t going to be had to work. Maybe I had to do something born for a couple of days, so go ahead on about that lecture that I had to give on Mon- sciences. Nancy Foster was that rare Sunday and preach the sermon. And my day. I was always traveling because I’m a official whom we in the Congress goodness when he came out of the pulpit on specialist in international politics, so maybe looked to for leadership, candor, and Sunday, he had a little girl. I was in some other time zone, and when I sensitivity, and we will all feel her loss We lived in the back of the church until I got home I was just too tired to go to deeply for years to come. I would like was three and then moved into a parsonage. church. And slowly but surely my faith to offer my deepest appreciation for Dr. My grandparents were religious people. I which I’d always taken for granted was Foster’s outstanding contribution to studied piano from the age of three. I could there, but it was rather in the deeper re- the Nation and send my sincerest con- read music before I could read. But the first cesses of my mind, not front and center in ∑ song that I learned was ‘‘What a Friend We the way that I lived my life daily. dolences to her family and friends. Have in Jesus.’’ And then I learned to play A funny thing happened in that period to f ‘‘Amazing Grace,’’ etc. etc. me. One Sunday morning when I knew I My grandfather was a deeply religious per- should have been in church, I was in the NATIONAL DAY OF PRAYER son. Indeed I have a lot of heroes in my life, Lucky Supermarket instead. And I was ∑ Mr. ALLARD. Mr. President, on May but Granddaddy Rice is perhaps the most re- walking among the spices buying food, and 4, 2000 those attending the National markable because you see back in about 1920 I’ll never forget running into a black man he was a sharecropper’s son in Ewtah, Ala- there. And if you know Palo Alto, that’s a Day of Prayer luncheon in Denver, Col- bama. One day he decided he wanted to get rare occurrence anyway. And he told me he orado got to hear an electrifying talk book learning, heaven knows why. And so he was buying some food for his church picnic, by Dr. Condoleezza Rice. I found the asked people how could a colored man go to and we talked a little, and then he looked speech so moving, so inspiring that I college, and they said, ‘‘Well, you see if you right at me and he said, ‘‘Do you play the wanted to share it with those who could get to Stillman College (which is this piano?’’ And I said ‘‘Yes, I play the piano,’’ could not be in attendance that day to little Presbyterian college down the road) And he said, ‘‘You know my church, Jeru- her remarks. ‘‘Condi,’’ as she likes to then you could go to college there.’’ So he salem Baptist Church down the road here be called, grew up in Denver, graduated saved up his cotton, went to Stillman Col- just a little bit, needs somebody to play the lege, paid for his first year and then the sec- piano. Would you come and play the piano Magna Cum Laude from Denver Uni- ond year they said, ‘‘Now how do you plan to for us?’’ And so I did for several months go versity and has served our country in pay for your second year?’’ And he said, and play the piano for Jerusalem Baptist many ways including service to former ‘‘Well, I’ve used all the money I have.’’ And Church. And I thought, ‘‘If that’s not the President George Bush as a chief ex- they said, ‘‘Well, you’ll have to go home,’’ long reach of the Lord into the Lucky Super- pert on Russia. I ask that her speech be And he said, ‘‘Well, how to those boys go to market on a Sunday morning, what is?’’ But printed in the RECORD. college?’’ They said, ‘‘Well, you see they as a result of going there and playing and have what’s called a scholarship, and if you getting involved again with the church com- NATIONAL DAY OF PRAYER, DENVER, wanted to be a Presbyterian minister, then munity, I began to see how much my faith, COLORADO, MAY 4, 2000 you could have a scholarship too.’’ My which I’d taken for granted, was becoming (By Dr. Condoleezza Rice) grandfather said, ‘‘You know, that’s exactly unpracticed, that it was no longer really be- Thank you very much. It is indeed a de- what I had in mind,’’ and he became college coming a part of the way that I lived my light to be with you here in Denver for the educated, and my family has been Pres- daily life. Colorado Prayer Lunch. I do know quite a byterian ever since. And so I started seeking out a church few people in the room, and there are good So I was born into the church. My earliest home, and I found Menlo Park Presbyterian friends here from very far back in my his- memories are of Sunday school and choir in Menlo Park right next to Palo Alto. And tory. I’m not going to tell you who they are practice and youth fellowship, and indeed if one of the first sermons that I heard at because I don’t want you to go up to them you’re a minister’s child, you have some Menlo Park Presbyterian Church just and ask them how I really was at fifteen or kind of strange memories because you see reached out and grabbed me because it said sixteen years old. But it’s awfully nice to when I heard that story about Christ coming where I was in my own faith. And it was the back here—home in Denver. again, I figured when I was about six years story of the prodigal son. But it was the I bring you greetings from my family. My old that if he was going to come again any- story of the prodigal son told from the per- parents and I moved to Denver when I was way, He might as well come to Westminster spective of the older son, not from the son twelve years old, and this is just a great Presbyterian Church because that would cer- who had to come home, but the son who had place to live. I think the reason that it is tainly help the flagging attendance in the always been there. And the minister talked such a great place to live is events like this. summer. And so I would pray, ‘‘If you’re about how the older son was really appalled, You look around and you see the love in the going to come, Christ, come to my father’s angry, and couldn’t quite understand why community, you see the strength in the com- church. He could use the help,’’ You see you while be had been there toiling in the fields munity. It’s nice to be back. had different ways of thinking about religion and had been a good son and had supported When I thought about what I’d like to talk when you were a preacher’s child. his family, why there was all this excitement with you about, I immediately reflected on But because I was born into the church, I when the prodigal son came home. the fact that this is of course our National never really doubted the existence of God. I And I thought about it, and maybe what Day of Prayer as well as the day for the Col- can tell you that I accepted from the earliest Christ was saying here, what God was say- orado Prayer Luncheon. And I thought about years the whole mystery of the faith, the ing, was that the prodigal son who had to be spending a few minutes with you talking birth, the life, the death, and the resurrec- born again to this faith was being brought about the relationship of personal faith, to tion as truth. Mine then is not a story of powerfully back to his faith. While the older faith in a community, to strength and for- conversion to faith. The existence of God was son who had always been there doing what he

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 12864 CONGRESSIONAL RECORD—SENATE June 28, 2000 was supposed to do but maybe just doing it taught in a kind of pejorative sense ‘‘the able to bring themselves to love one an- in the most routine fashion was losing doubting Thomas,’’ but in fact what did other—Greeks and Turks after the earth- what’s most important about faith, and Christ say? ‘‘Here, feel my side. Touch the quake in Turkey, because you’re mobilized that’s the deepening and the fire that comes wounds.’’ He didn’t say just ‘‘Leave.’’ Doubt in your faith to help. But what about day to from having it tested, from having to worry and faith have gone together from the begin- day in your interactions with people in the about it, from having to think about it, from ning of our religious experiences. And in community? Can you mobilize your faith in having to bat it around in your mind from times of struggle, we are forced to work the same way? time to time so that it doesn’t become stale. through our doubts in order to re-energize I think sometimes the biggest impediment And I suddenly saw myself as the elder son. our faith. to mobilizing our faith in our day to day And I thought at that time, it’s time to Times of struggle also challenge us on the interactions in trying to make our commu- renew my faith and not to take it for grant- relationship between faith and reason be- nities better is really in our lack of humility ed. And you know, it’s a good thing that I cause most of us live most of our lives in our about what we as mere human beings can did because I was soon to learn why faith is heads. We try and understand why. And if bring to the table. You know sometimes peo- so important in your daily life. you are like me and you live in an intellec- ple of faith are wonderful at dealing with It was about a year and a half after coming tual community, if you can’t prove it, if you people in need. But in more normal times back to my faith that I lost my mother, and can’t see it, then you can’t possibly believe we’re our own worst enemy because some- I can tell you that I could not have gotten it. And yet there are those times when rea- times the shouting, the desire to lecture, through that without a strong and robust son just will not do the job. I noticed the lit- overwhelms the desire to lecture, over- faith. You see the preparation for struggle tle quote by Abraham Lincoln in the bulletin whelms the desire to listen and to under- that faith accords you is not something that this morning. ‘‘I’ve been driven many times stand. I think sometimes that the greatest you can call on the day that it happens. You to my knees by the overwhelming conviction impediment to people of faith in really mak- have to have honed it, you have to have that I had nowhere else to go. My own wis- ing a difference in their communities to peo- worked at it, it has to have become a part of dom and that of all about me seemed insuffi- ple on a daily basis—not just when we need you. I began to understand during that pe- cient for the day.’’ How many times has your to be mobilized—is that we sometimes have riod of time when I really was experiencing reason, your intellect failed you and you’ve trouble, as people of faith, meeting people the peace that passeth all understanding, had to fall back on faith? In times of strug- where they are, not where we would like that faith is honed in struggle, that Paul was gle, we learn to trust, we learn to fall back them to be. absolutely right when he wrote in Romans on faith, we learn to fall back on that which And hereto, I draw on a lesson from Christ. that we are justified in faith and that strug- cannot be seen and cannot be understood, Have you ever noticed that when Christ was gle brings patience, and patience hope, and and it makes us stronger. interacting with people, He found a way to hope is not disappointed. Because it is in Finally, in times of struggle, perhaps more meet them where they were? With the rich that time of struggle that we learn that we than at other times, we are reminded also of young leader, it was confrontational—to give are resilient human beings, that we have at the responsibilities of faith, particularly if up everything and to give it to the poor was our core the ability to rebound and to go on. we’ve been through struggles ourselves and pretty confrontational. With Lazarus and Over the years, I have become more and we are called on to participate in, to be a the sisters, it was dramatic—a miracle. With more interested in the stories of struggle— part of someone else’s struggle. And it is the woman at the well, it was kind and un- whether it is the death of a loved one, wheth- that relationship between personal faith and derstanding and quiet. How many of us as er it is what Colorado went through in Col- taking one’s faith into the community to people of faith have that entire repertoire at umbine, whether it is the struggle that in- make it better that I want to explore for a our disposal? When we deal with people, do terestingly built Stanford University. Do moment now—to take the lessons and the we ever stop shouting so loud that they can you know that Stanford University was built power of faith outside of our own personal hear through us the still, small voice of by Governor and Mrs. Stanford to honor experiences and into the community at calm, remembering afterall that we will not their only child who died of typhoid at six- large. personally work miracles in people’s lives? teen years old? And Mrs. Stanford writes in Now in order to do that, you have to draw That is the work of God. But if we are to be her letters that she wanted to die too when on other parts of your faith. You have to a conduit, we have to be a conduit that is her son and then her husband died shortly draw on what has been honed and toughened willing to listen, a conduit that is willing to thereafter, but she understood that her faith inside you when you yourself have struggled. help with humility, and a conduit that is was telling her to go on, to pick up the But you also have to draw on the power that willing to meet people where they are. pieces, to do something for other people’s is there for you to first and foremost be opti- Those I think are the lessons of faith—to children. And so Stanford University was mistic. When I am very often asked what has hone our personal faith, to practice it every from the Stanfords a living monument to faith done for me that is most important, I day, to pray for our leaders and for those other people’s children, born of the test of say that yes it’s been there for me in tough who must carry the heavy burdens, and to faith, the test that is struggle. And I began times and struggle, but I think it’s also try to use our faith and its lessons, not just to understand too the words of an old Negro made me an optimistic person. It’s made me when we need to be mobilized, but in our ev- spiritual that had always been somewhat a person who believes that there can be a eryday interactions. Because only then can confusing—‘‘Nobody knows the trouble I’ve better tomorrow. people of faith really make a difference in seen. Glory Hallelujah’’? What does that If you don’t believe that faith plays its role communities at home and communities mean? It means that out of struggle, faith is in making you an optimistic person, think of abroad. honed. the people who built this country and the op- Thank you very much, and God bless you.∑ Now why is faith honed out of struggle? timism that must have come from their f First of all, because you are at that time faith. Have you ever wondered what it must forced to confront the relationship between have been like to come across the Conti- MR. LLOYD A. SEMPLE RECEIVES faith and doubt. When my mother died, I nental Divide without roads? They must 2000 JUDGE LEARNED HAND didn’t have any good answers. Did I on the have had faith that they were going to make AWARD one hand pray to God for understanding and it. They must have had optimism about what on the other hand doubt why this had hap- was possible on the other side. They must ∑ Mr. ABRAHAM. Mr. President, each pened? Of course when Columbine happened, have gone together and indeed from that year, the American Jewish Commit- did you on the one hand pray for under- they built a great country. Have you ever tee’s Metropolitan Detroit Chapter pre- standing and doubt why had it happened? wondered about the faith and optimism of sents one individual with its Judge But faith, and indeed the lessons of Christ my ancestors, slaves who were three-fifths of Learned Hand Human Relations Award. teach us that faith can be strengthened by a man who endured the most awful hardships doubt. It doesn’t have to be weakened by it. of day-to-day life and yet somehow looked Recipients of this award are honored Some of my favorite stories in the Bible optimistically to a future? They must have for their outstanding leadership within actually come from the time when Christ is done it out of the strength of their faith. the legal profession, and for exem- preparing to die. And when the disciples— They must have done it out of the optimism plifying the high principles for which men who had walked with Him for the entire that only faith can give. Judge Learned Hand was renowned. I time of His ministry, men who knew Him But imparting that optimism to people rise today to recognize Mr. Lloyd A. better than anyone else—found themselves who are in need, imparting the mysteries Semple, who will receive the 2000 Judge doubting and fearful of what was to come. He and the lessons of faith to people who are in Learned Hand Award on June 29, 2000, said, ‘‘I’ll go to prepare a place for you.’’ struggle is sometimes, oddly enough, easier They said, ‘‘Take us with you because we than imparting and using the lessons of faith in Detroit, Michigan. don’t actually know where you’re going.’’ in everyday life. Sometimes we mobilize to Mr. Semple is the Chairman of one of This isn’t very reassuring. And of course the use our faith when things are tough. This Detroit’s oldest and most prestigious story of Thomas which we had always been city mobilized around Columbine. People are law firms, Dykema Gossett, PLLC.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12865 Founded in 1926, Dykema Gossett pro- I applaud Mr. Semple on his many the Senate to the bill (H.R. 2614) to vides legal services to a broad range of achievements within the realm of the amend the Small Business Investment clients, from international and For- law, and his many charitable endeavors Act to make improvements to the cer- tune 500 companies to individuals and outside of that realm. Not only the tified development company program, small ‘‘Mom and Pop’’ businesses. Its City of Detroit, but the entire State of and for other purposes, with an amend- mission has remained constant Michigan, has benefitted from his ment. throughout its almost seventy-five many great works. On behalf of the ENROLLED BILLS SIGNED years: to provide the best possible legal United States Senate, I congratulate The message further announced that advice and service to its clients. The Mr. Lloyd A. Semple on receiving the the Speaker has signed the following firm has grown over 270 lawyers strong, 2000 Judge Learned Hand Award, and enrolled bills: and now has locations in the following wish him continued success in the fu- S. 1309. An act to amend title I of the Em- Michigan cities: Ann Arbor, Bloomfield ture.∑ ployee Retirement Income Security Act of Hills, Grand Rapids, and Lansing; as f 1974 to provide for the preemption of State well as offices in Chicago and Wash- law in certain cases relating to certain ington, D.C. In addition, Dykema MESSAGES FROM THE PRESIDENT church plans. Gossett has recently gone global, form- Messages from the President of the H.R. 2614. An act to amend the Small Busi- ing an affiliation with a firm in Bolo- United States were communicated to ness Investment Act to make improvements gna, Italy. the Senate by Mr. Williams, one of his to the certified development company pro- In his time as Chairman, Mr. Semple secretaries. gram, and for other purposes. has overseen this growth and adapta- EXECUTIVE MESSAGES REFERRED At 3:45 p.m., a message from the tion to the ‘‘new economy’’ while at As in executive session the Presiding House of Representatives, delivered by the same time stressing the impor- Officer laid before the Senate messages Ms. Niland, one of its reading clerks, tance of pro bono work to the members from the President of the United announced that the House has passed and associates of Dykema Gossett. States submitting sundry nominations the following bill in which it requests Twice in recent years the law firm has which were referred to the appropriate the concurrence of the Senate: been recognized by the Detroit Metro- committees. politan Bar Association for its efforts H.R. 4733. An act making appropriations (The nominations received today are for energy and water development for the fis- in this regard. In 1998, Dykema Gossett printed at the end of the Senate pro- cal year ending September 30, 2001, and for was selected by the Business Law Sec- ceedings.) other purposes. tion of the American Bar Association f ENROLLED BILLS SIGNED as the firm that made the most out- MESSAGES FROM THE HOUSE The enrolled bill (S. 1309) was signed standing pro bono contribution in the subsequently by the President pro tem- United States in transactional and At 11:47 a.m., a message from the pore (Mr. THURMOND). business related areas. In addition, House of Representatives, delivered by members and associates donate their Ms. Niland, one of its reading clerks, f time and resources to a host of chari- announced that the House has passed MEASURES REFERRED table and civic organizations, recog- the following bills, in which it requests nizing the importance of being not only the concurrence of the Senate: The following bills were read the first a community member, but a commu- H.R. 809. An act to amend the Act of June and second times by unanimous con- nity leader. Much of this is attrib- 1, 1948, to provide for reform of the Federal sent, and referred as indicated: utable, I think, to the strong leader- Protective Service. H.R. 809. an act to amend the Act of June ship of Mr. Semple, and his belief that H.R. 1959. An act to designate the Federal 1, 1948, to provide for reform of the Federal a good business should also strive to be building located at 643 East Durango Boule- Protective Service; to the Committee on En- vard in San Antonio, Texas, as the ‘‘Adrian vironment and Public Works. a good neighbor. A. Spears Judicial Training Center.’’ Mr. Semple himself practices general H.R. 4608. An act to designate the United H.R. 3323. An act to designate the Federal States courthouse located at 220 West Depot corporate law, including acquisitions, building located at 158–15 Liberty Avenue in Street in Greeneville, Tennessee, as the divestitures, mergers and financings. Jamaica, Queens, New York, as the ‘‘Floyd ‘‘James H. Quillen United States Court- He received his Bachelor of Arts degree H. Flake Federal Building.’’ house’’; to the Committee on Environment from Yale University, and his Jurist H.R. 4608. An act to designate the United and Public Works. Doctorate from the University of States courthouse located at 220 West Depot H.R. 4733. An act making appropriations Michigan. He is a member of the De- Street in Greeneville, Tennessee, as the for energy and water development for the fis- ‘‘James H. Quillen United States Court- cal year ending September 30, 2001, and for troit Metropolitan Bar Association, the house.’’ American Bar Association, and the other purposes; to the Committee on Appro- H.R. 4762. An act to amend the Internal priations. State Bar of Michigan. He is a Director Revenue Code of 1986 to require 527 organiza- and/or Officer of Interface Systems, tions to disclose their political activities. The following concurrent resolutions was read, and referred as indicated: Inc., Sensys Technologies Inc., Tracy The message further announced that Industries, Inc., and Civix, Inc. the House has agreed to the following H. Con. Res. 312. Concurrent resolution ex- In addition, Mr. Semple serves as pressing the sense of the Congress that the concurrent resolutions, in which it re- States should more closely regulate title Chairman of the Board of Trustees of quests the concurrence of the Senate: the Detroit Medical Center; Chairman pawn transactions and outlaw the imposition H. Con. Res. 312. Concurrent resolution ex- of usurious interest rates on title loans to of the Executive Committee of the De- pressing the sense of the Congress that the consumers; to the Committee on Banking, troit Zoological Society; and is a States should more closely regulate title Housing, and Urban Affairs. Trustee of Detroit Symphony Orches- pawn transactions and outlaw the imposition tra Hall. He is the Director and Cor- of usurious interest rates on title loans to f porate Secretary, as well as a Trustee, consumers. MEASURES PLACED ON THE H. Con. Res. 333. Concurrent resolution of the Barbara Ann Karmanos Cancer CALENDAR Center, an organization which raises providing for the acceptance of a statue of Chief Washakie, presented by the people of The following bill was read the sec- funds for the awareness and prevention Wyoming, for placement in National Statu- ond time, and placed on the calendar: of breast cancer. He has served as tory Hall, and for other purposes. S. 2801. A bill to prohibit funding of the ne- Chairman of the Board of Harper Hos- H. Con. Res. 344. Concurrent resolution per- gotiation of the move of the Embassy of the pital, Councilman and Mayor Pro Tem mitting the use of the rotunda of the Capitol People’s Republic of China in the United for a ceremony to present the Congressional of the City of Grosse Pointe Farms, States until the Secretary of State has re- Gold Medal to Father Theodore Hesburgh. President of the Yale Alumni Associa- quired the divestiture of property purchased tion of Michigan and President of the The message also announced that the by the Xinhua News Agency in violation of Country Club of Detroit. House has agreed to the amendment of the Foreign Missions Act.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 12866 CONGRESSIONAL RECORD—SENATE June 28, 2000 The following bill was read the first National Marine Fisheries, Department of EC–9442. A communication from the Spe- and second times by unanimous con- Commerce, transmitting, pursuant to law, cial Assistant to the Bureau Chief, Mass sent, and ordered placed on the cal- the report of a rule entitled ‘‘Final Rule to Media Bureau, Federal Communications endar: Implement the Regulatory Amendment Commission, transmitting, pursuant to law, Under the Framework Provisions of the the report of a rule entitled ‘‘Amendment of H.R. 4762. An act to amend the Internal Fishery Management Plan for the Reef Fish Section 73.202(b), Table of Allotments, FM Revenue Code of 1986 to require 527 organiza- Resources of the Gulf of Mexico to Set Gag/ Broadcast Stations (Saranac Lake and West- tions to disclose their political activities. Black Grouper Management’’ (RIN0648– port, New York)’’ (MM Docket No. 99–83) re- f AM70) received on May 22, 2000; to the Com- ceived on May 25, 2000; to the Committee on mittee on Commerce, Science, and Transpor- Commerce, Science, and Transportation. EXECUTIVE AND OTHER tation. COMMUNICATIONS EC–9443. A communication from the Spe- EC–9435. A communication from the Spe- cial Assistant to the Bureau Chief, Mass The following communications were cial Assistant to the Bureau Chief, Mass Media Bureau, Federal Communications laid before the Senate, together with Media Bureau, Federal Communications Commission, transmitting, pursuant to law, accompanying papers, reports, and doc- Commission, transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of the report of a rule entitled ‘‘Reexamination Section 73.202(b), Table of Allotments, FM uments, which were referred as indi- of the Comparative Standards for Non- Broadcast Stations. (Moncks Corner, Kiawah cated: commercial Educational Applicants’’ (MM Island, and Sampit, South Carolina)’’ (MM EC–9427. A communication from the Asso- Docket No. 95–31, FCC 00–120) received on Docket No. 94–70) received on June 6, 2000; to ciate Administrator for Procurement, Na- May 24, 2000; to the Committee on Com- the Committee on Commerce, Science, and tional Aeronautics and Space Administra- merce, Science, and Transportation. Transportation. tion, transmitting, pursuant to law, the re- EC–9436. A communication from the Spe- port of a rule entitled ‘‘Packaging, Handling, cial Assistant to the Chief, Mass Media Bu- EC–9444. A communication from the Spe- and Transportation’’ received on June 14, reau, Federal Communications Commission, cial Assistant to the Bureau Chief, Mass 2000; to the Committee on Commerce, transmitting, pursuant to law, the report of Media Bureau, Federal Communications Science, and Transportation. a rule entitled ‘‘Amendment of Section Commission, transmitting, pursuant to law, EC–9428. A communication from the Asso- 73.202(b), Table of Allotments, FM Broadcast the report of a rule entitled ‘‘Amendment of ciate Administrator of Procurement, Na- Stations (Cheyenne, Wyoming, and Gering, Section 73.202(b), Table of Allotments, FM tional Aeronautics and Space Administra- Nebraska)’’ (MM Docket No. 97–106; RM– Broadcast Stations (Cheyenne, Wyoming and tion, transmitting, pursuant to law, the re- 9044,9741) received on May 24, 2000; to the Grover, Colorado)’’ (MM Docket No. 96–242; port of a rule entitled ‘‘Risk Management’’ Committee on Commerce, Science, and RM–8940, RM–9243) received on June 6, 2000; received on June 14, 2000; to the Committee Transportation. to the Committee on Commerce, Science, on Commerce, Science, and Transportation. EC–9437. A communication from the Spe- and Transportation. EC–9429. A communication from the Dep- cial Assistant to the Bureau Chief, Mass EC–9445. A communication from the Spe- uty Assistant Administrator for Fisheries, Media Bureau, Federal Communications cial Assistant to the Bureau Chief, Mass National Marine Fisheries Service, Depart- Commission, transmitting, pursuant to law, Media Bureau, Federal Communications ment of Commerce, transmitting, pursuant the report of a rule entitled ‘‘Amendment of Commission, transmitting, pursuant to law, to law, the report of a rule entitled ‘‘Fish- Section 73.202(b), Table of Allotments, FM the report of a rule entitled ‘‘Amendment of eries of the Caribbean, Gulf of Mexico, and Broadcast Stations (Anniston and Ashland, Section 73.202(b), Table of Allotments, FM South Atlantic; Fishery Management Plans Alabama, and College Park, Covington, Broadcast Stations Monahans and of the Gulf of Mexico; Addition to FMP Milledgeville and Social Circle, Georgia)’’ Gardendale, Texas’’ (MM Docket No. 99–302) Framework Provisions; Stone Crab Gear Re- (MM Docket No. 98–112) received on May 24, received on June 9, 2000; to the Committee quirements’’ (RIN0648–AL81) received on May 2000; to the Committee on Commerce, on Commerce, Science, and Transportation. 24, 2000; to the Committee on Commerce, Science, and Transportation. EC–9446. A communication from the Chief Science, and Transportation. EC–9438. A communication from the Spe- of the Office of Regulations and Administra- EC–9430. A communication from the Dep- cial Assistant to the Bureau Chief, Mass tive Law, United States Coast Guard, De- uty Assistant Administrator for Fisheries, Media Bureau, Federal Communications partment of Transportation, transmitting, National Marine Fisheries Service, Depart- Commission, transmitting, pursuant to law, pursuant to law, the report of a rule entitled ment of Commerce, transmitting, pursuant the report of a rule entitled ‘‘Amendment of ‘‘Safety/Security Zone Regulations; Fire- to law, the report of a rule entitled ‘‘Fish- Section 73.202(b), Table of Allotments, FM works Display, East River, Wards Island eries of the Northeastern United States; Broadcast Stations (Bayfield, Colorado and (CGD01–00–113)’’ (RIN2115–AA97(2000–0025)) re- Fisheries of the Northeastern United States; Teec Nos Pos, Arizona)’’ (MM Docket No. 99– ceived on June 1, 2000; to the Committee on Final 2000 Fishing Quotas for Atlantic Surf 103; RM–9506; RM–9829) received on May 24, Commerce, Science, and Transportation. Clams, Ocean Quahogs, and Maine Mahogany 2000; to the Committee on Commerce, EC–9447. A communication from the Chief Quahogs’’ (RIN0648–AM49) received on May Science, and Transportation. of the Office of Regulations and Administra- EC–9439. A communication from the Spe- 25, 2000; to the Committee on Commerce, tive Law, United States Coast Guard, De- cial Assistant to the Bureau Chief, Mass Science, and Transportation. partment of Transportation, transmitting, EC–9431. A communication from the Fed- Media Bureau, Federal Communications pursuant to law, the report of a rule entitled eral Highway Administration Regulations Commission, transmitting, pursuant to law, ‘‘Safety/Security Zone Regulations; Fire- Officer, Department of Transportation, the report of a rule entitled ‘‘Amendment of works Display, Naval Station Newport, New- transmitting, pursuant to law, the report of Section 73.202(b), Table of Allotments, FM port, RI (CGD01–99–197)’’ (RIN2115–AA97(2000– a rule entitled ‘‘Federal Motor Carrier Safe- Broadcast Stations Drummond and Victor, 0026)) received on June 1, 2000; to the Com- ty Regulations; General; Commercial Motor Montana’’ (MM Docket No. 99–134) received mittee on Commerce, Science, and Transpor- Vehicle Marking’’ (RIN2126–AA14) received on May 24, 2000; to the Committee on Com- tation. on June 15, 2000; to the Committee on Com- merce, Science, and Transportation. merce, Science, and Transportation. EC–9440. A communication from the Spe- EC–9448. A communication from the Chief EC–9432. A communication from the Regu- cial Assistant to the Bureau Chief, Mass of the Office of Regulations and Administra- lations Officer, Department of Transpor- Media Bureau, Federal Communications tive Law, United States Coast Guard, De- tation, transmitting, pursuant to law, the re- Commission, transmitting, pursuant to law, partment of Transportation, transmitting, port of a rule entitled ‘‘Policy Guidance Con- the report of a rule entitled ‘‘Amendment of pursuant to law, the report of a rule entitled cerning Application of Title VI of the Civil Section 73.202(b), Table of Allotments, FM ‘‘Safety/Security Zone Regulations; Parade Rights Act of 1964 to Metropolitan and Broadcast Stations Madisonville, Texas’’ of Tall Ships Newport 2000, Newport, RI Statewide Planning’’ received on May 25, (MM Docket No. 99–236) received on May 24, (CGD01–99–198)’’ (RIN2115–AA97(2000–0027)) re- 2000; to the Committee on Commerce, 2000; to the Committee on Commerce, ceived on June 1, 2000; to the Committee on Science, and Transportation. Science, and Transportation. Commerce, Science, and Transportation. EC–9433. A communication from the Dep- EC–9441. A communication from the Spe- EC–9449. A communication from the Chief uty Assistant Administrator for Fisheries, cial Assistant to the Bureau Chief, Mass of the Office of Regulations and Administra- National Marine Fisheries, Department of Media Bureau, Federal Communications tive Law, United States Coast Guard, De- Commerce, transmitting, pursuant to law, Commission, transmitting, pursuant to law, partment of Transportation, transmitting, the report of a rule entitled ‘‘Atlantic Stur- the report of a rule entitled ‘‘Amendment of pursuant to law, the report of a rule entitled geon Fishery’’ (RIN0648–AL38) received on Section 73.202(b), Table of Allotments, FM ‘‘Drawbridge Regulations; China Basin, Mis- June 5, 2000; to the Committee on Commerce, Broadcast Stations Seymour, Texas’’ (MM sion Creek, San Francisco, CA (CGD11–00– Science, and Transportation. Docket No. 99–340) received on May 24, 2000; 003)’’ (RIN2115–AE47(2000–0029)) received on EC–9434. A communication from the Dep- to the Committee on Commerce, Science, June 1, 2000; to the Committee on Commerce, uty Assistant Administrator for Fisheries, and Transportation. Science, and Transportation.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12867 EC–9450. A communication from the Chief Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Final Rule to of the Office of Regulations and Administra- the report of a rule entitled ‘‘Fisheries of the Implement Amendment 4 to the Fishery tive Law, United States Coast Guard, De- Exclusive Economic Zone Off Alaska—Final Management Plan for the Coral, Coral Reefs, partment of Transportation, transmitting, rule to revise at-sea scales and observer sam- and Live/Hard Bottom Habitat of the South pursuant to law, the report of a rule entitled pling station and observer transmission of Atlantic Region’’ (RIN0648–AL43) received on ‘‘Safety/Security Zone Regulations; OPSAIL data requirements’’ (RIN0648–AL88) received June 14, 2000; to the Committee on Com- 2000 Fireworks Displays and Search and Res- on June 1, 2000; to the Committee on Com- merce, Science, and Transportation. cue Demonstrations, Port of New York/New merce, Science, and Transportation. EC–9467. A communication from the Acting Jersey (CGD01–00–009)’’ (RIN2115–AA97(2000– EC–9459. A communication from the Assist- Assistant Administrator for Fisheries, Na- 0028)) received on June 5, 2000; to the Com- ant Administrator for Fisheries, National tional Marine Fisheries Service, Department mittee on Commerce, Science, and Transpor- Marine Fisheries Service, Department of of Commerce, transmitting, pursuant to law, tation. Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Interim rule; EC–9451. A communication from the Chief the report of a rule entitled ‘‘Tautog; Inter- extension of effective date’’ (RIN0648–AN41) of the Office of Regulations and Administra- state Fishery Management Plans; Cancella- received on June 14, 2000; to the Committee tive Law, United States Coast Guard, De- tion of Moratorium’’ (RIN0648–AN48) re- on Commerce, Science, and Transportation. partment of Transportation, transmitting, ceived on June 7, 2000; to the Committee on EC–9468. A communication from the Acting pursuant to law, the report of a rule entitled Commerce, Science, and Transportation. Director of the Office of Sustainable Fish- ‘‘Safety/Security Zone Regulations; Ocean EC–9460. A communication from the Assist- eries, National Marine Fisheries Service, De- View Beach Park, Chesapeake Bay, VA ant Administrator for Fisheries, National partment of Commerce, transmitting, pursu- (CGD05–00–118)’’ (RIN2115–AA97(2000–0029)) re- Marine Fisheries Service, Department of ant to law, the report of a rule entitled ‘‘At- ceived on June 5, 2000; to the Committee on Commerce, transmitting, pursuant to law, lantic Highly Migratory Species Fisheries; Commerce, Science, and Transportation. the report of a rule entitled ‘‘Designating Shark Fishing Season Notification’’ (RIN: EC–9452. A communication from the Chief the Cook Inlet, Alaska, Stock of Beluga I.D.052500B) received on June 16, 2000; to the of the Office of Regulations and Administra- Whale as Depleted Under the Marine Mam- Committee on Commerce, Science, and tive Law, United States Coast Guard, De- mal Protection Act’’ (RIN0648–AM84) re- Transportation. partment of Transportation, transmitting, ceived on June 1, 2000; to the Committee on EC–9469. A communication from the Attor- pursuant to law, the report of a rule entitled Commerce, Science, and Transportation. ney Advisor, National Highway Traffic Safe- ‘‘Safety/Security Zone Regulations; Coast EC–9461. A communication from the Acting ty Administration, Department of Transpor- Guard Activities New York Annual Fire- Director of the Office of Sustainable Fish- tation, transmitting, pursuant to law, the re- works Displays (CGD01–00–005)’’ (RIN2115– eries, National Marine Fisheries Service, De- port of a rule entitled ‘‘Uniform Tire Quality AA97(2000–0030)) received on June 5, 2000; to partment of Commerce, transmitting, pursu- Grading Test Procedures’’ (RIN2127–AG96) re- the Committee on Commerce, Science, and ant to law, the report of a rule entitled ceived by May 22, 2000; to the Committee on Transportation. ‘‘Fisheries of the Exclusive Economic Zone Commerce, Science, and Transportation. EC–9470. A communication from the Dep- EC–9453. A communication from the Chief Off Alaska—Closure for Hook-and-Line Gear uty Assistant Administrator, Office of Oce- of the Office of Regulations and Administra- Groundfish in the Gulf of Alaska, Except for anic and Atmospheric Research, Department tive Law, United States Coast Guard, De- Sablefish or Demersal Shelf Rockfish’’ re- of Commerce, transmitting, pursuant to law, partment of Transportation, transmitting, ceived on May 22, 2000; to the Committee on the report of a rule entitled ‘‘Improved pursuant to law, the report of a rule entitled Commerce, Science, and Transportation. Methods for Ballast Water Treatment and ‘‘Safety/Security Zone Regulations; Fire- EC–9462. A communication from the Acting Management and Prevention of Small Boat works Display, New York Harbor Ellis Island Director of the Office of Sustainable Fish- Transport of Invasive Species: Request for (CGD01–00–137)’’ (RIN2115–AA97(2000–0031)) re- eries, National Marine Fisheries Service, De- Proposals for Fiscal Year 2000’’ received by ceived on June 5, 2000; to the Committee on partment of Commerce, transmitting, pursu- May 24, 2000; to the Committee on Com- Commerce, Science, and Transportation. ant to law, the report of a rule entitled merce, Science, and Transportation. EC–9454. A communication from the Chief ‘‘Fisheries of the Exclusive Economic Zone EC–9471. A communication from the Chair- of the Office of Regulations and Administra- Off Alaska—Closes Bering Sea Subarea of the man of the Office of General Counsel, Fed- tive Law, United States Coast Guard, De- Bering Sea and Aleutian Islands to Directed eral Maritime Commission, transmitting, partment of Transportation, transmitting, Fishing for Greenland Turbot’’ received on pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled June 21, 2000; to the Committee on Com- ‘‘Interpretations and Statements of Policy ‘‘Drawbridge Regulations; Pine River merce, Science, and Transportation. Regarding Ocean Transportation Inter- (Charlevoix), Michigan (CGD09–00–001)’’ EC–9463. A communication from the Acting mediaries’’ received by June 1, 2000; to the (RIN2115–AE47(2000–0030)) received on June 5, Director of the Office of Sustainable Fish- Committee on Commerce, Science, and 2000; to the Committee on Commerce, eries, National Marine Fisheries Service, De- Transportation. Science, and Transportation. partment of Commerce, transmitting, pursu- EC–9472. A communication from the Dep- EC–9455. A communication from the Chief ant to law, the report of a rule entitled uty Division Chief, Competitive Pricing Di- of the Office of Regulations and Administra- ‘‘Fisheries of the Exclusive Economic Zone vision, Common Carrier Bureau, Federal tive Law, United States Coast Guard, De- Off Alaska—Closes Gulf of Alaska for Shal- Communications Commission, transmitting, partment of Transportation, transmitting, low-Water Species Using Trawl Gear’’ re- pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled ceived on June 5, 2000; to the Committee on ‘‘In the Matter of Access Charge Reform, ‘‘Drawbridge Regulations; Atlantic Intra- Commerce, Science, and Transportation. Price Cap Performance Review for Local Ex- coastal Waterway, mile 1084.6, Miami, FL EC–9464. A communication from the Acting change Carriers, Low-Volume Long Distance (CGD07–00–053)’’ (RIN2115–AE47(2000–0031)) re- Assistant Administrator for Fisheries, Na- Users, Federal-State Joint Board On Uni- ceived on June 5, 2000; to the Committee on tional Marine Fisheries Service, Department versal Service. CC Docket Nos. 96–262, 94–1, Commerce, Science, and Transportation. of Commerce, transmitting, pursuant to law, 99–249, and 96–45.’’ (FCC00–193) received by EC–9456. A communication from the Chief the report of a rule entitled ‘‘Fisheries of the June 1, 2000; to the Committee on Commerce, of the Office of Regulations and Administra- Northeastern United States; Summer Floun- Science , and Transportation. tive Law, United States Coast Guard, De- der, Scup, and Black Sea Bass Fisheries; 2000 EC–9473. A communication from the Senior partment of Transportation, transmitting, Specifications’’ (RIN0648–AM49) received on Attorney, Department of Transportation, pursuant to law, the report of a rule entitled June 1, 2000; to the Committee on Commerce, transmitting, pursuant to law, the report of ‘‘Regulated Navigation Areas; Navigable Wa- Science, and Transportation. a rule entitled ‘‘Smoking Aboard Aircraft’’ ters Within the First Coast Guard District EC–9465. A communication from the Acting (RIN2105–AC85) received by June 5, 2000; to (CGD01–98–151)’’ (RIN2115–AE48(2000–0002)) re- Assistant Administrator for Fisheries, Na- the Committee on Commerce, Science, and ceived on June 5, 2000; to the Committee on tional Marine Fisheries Service, Department Transportation. Commerce, Science, and Transportation. of Commerce, transmitting, pursuant to law, EC–9474. A communication from the Sec- EC–9457. A communication from the Assist- the report of a rule entitled ‘‘Extension of retary of the Federal Trade Commission, ant Administrator for Fisheries, National Expiration Date of an Emergency Interim transmitting, pursuant to law, the report of Marine Fisheries Service, Department of Rule Implementing Stellar Sea Lion Protec- a rule entitled ‘‘Privacy of Consumer Finan- Commerce, transmitting, pursuant to law, tion Measures for the Pollock Fisheries Off cial Information’’ (RIN3084–AA85) received the report of a rule entitled ‘‘Fishing Capac- Alaska’’ (RIN0648–AM32) received on June 14, on June 16, 2000; to the Committee on Com- ity Reduction Program’’ (RIN0648–AK76) re- 2000; to the Committee on Commerce, merce, Science, and Transportation. ceived on May 24, 2000; to the Committee on Science, and Transportation. EC–9475. A communication from the Acting Commerce, Science, and Transportation. EC–9466. A communication from the Acting Chief of the Office of Regulations and Ad- EC–9458. A communication from the Assist- Assistant Administrator for Fisheries, Na- ministrative Law, United States Coast ant Administrator for Fisheries, National tional Marine Fisheries Service, Department Guard, Department of Transportation, trans- Marine Fisheries Service, Department of of Commerce, transmitting, pursuant to law, mitting, pursuant to law, the report of a rule

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 12868 CONGRESSIONAL RECORD—SENATE June 28, 2000 entitled ‘‘Safety/Security Zone Regulations; By Mr. HELMS, from the Committee on Nominee: Karl Hofmann. Maine Yankee Steam Generator and Pres- Foreign Relations, without amendment and Post: Togo. surizer Removal Wiscasset, ME (CGD1–00– with a preamble: The following is a list of all members of 129)’’ (RIN2115–AA97 (2000–0021)) received on S. Res. 239: A resolution expressing the my immediate family and their spouses. I May 25, 2000; to the Committee on Com- sense of the Senate that Nadia Dabbagh, who have asked each of these persons to inform merce, Science, and Transportation. was abducted from the United States, should me of the pertinent contributions made by EC–9476. A communication from the Acting be returned home to her mother, Ms. them. To the best of my knowledge, the in- Chief of the Office of Regulations and Ad- Maureen Dabbagh. formation contained in this report is com- ministrative Law, United States Coast S. Res. 309: A resolution expressing the plete and accurate. Guard, Department of Transportation, trans- sense of the Senate regarding conditions in Contributions, amount, date, donee: mitting, pursuant to law, the report of a rule Laos. 1. Self: none. entitled ‘‘Safety/Security Zone Regulations; S. Res. 329: A resolution urging the Gov- 2. Barrie F. Hofmann, spouse, none. OpSail Miami 2000, Port of Miami (COTP ernment of Argentina to pursue and punish 3. Elisabeth B. Hofmann, daughter, none; Miami 00–015)’’ (RIN2115–AA97 (2000–0022)) re- those responsible for the 1994 attack on the William K. Hofmann, son, none; Zoe R. ceived on May 25, 2000; to the Committee on AMIA Jewish Community Center in Buenos Hofmann, daughter, none. Commerce, Science, and Transportation. Aires, Argentina. 4. Janet R. Hofmann, mother, $100—1994, EC–9477. A communication from the Acting By Mr. HELMS, from the Committee on $200—1995, $175—1996, $200—1998, Representa- Chief of the Office of Regulations and Ad- Foreign Relations, without amendment and tive Anna Eshoo; $60—1994, $35—1995, Senator ministrative Law, United States Coast with an amended preamble: Diane Feinstein; $125—1998, Senator Barbara Guard, Department of Transportation, trans- S. Con. Res. 57: A concurrent resolution Boxer; William W. Hofmann, father, none. mitting, pursuant to law, the report of a rule concerning the emancipation of the Iranian 5. George J. Reese, grandfather, deceased; entitled ‘‘Safety/Security Zone Regulations; Baha’i community. Florence R. Reese, grandmother, deceased; Transit of S/V Amerigo, Vespucci, Chesa- By Mr. HELMS, from the Committee on William Hofmann, grandfather, deceased; peake Bay, Baltimore, MD (CGD05–00–004)’’ Foreign Relations, without amendment and Madeleine W. Hofmann, grandmother, de- (RIN2115–AA97 (2000–0023)) received on May with a preamble: ceased. 25, 2000; to the Committee on Commerce, S. Con. Res. 122: Concurrent resolution rec- 6. Mark R. Hofmann, brother, none; Janice Science, and Transportation. ognizing the 60th anniversary of the United Hofmann, sister-in-law, none. EC–9478. A communication from the Acting States nonrecognition policy of the Soviet 7. Marilyn Hofmann Jones, sister, none; Chief of the Office of Regulations and Ad- takeover of Estonia, Latvia, and Lithuania, Steven Jones, brother-in-law, none; ministrative Law, United States Coast and calling for positive steps to promote a Guard, Department of Transportation, trans- peaceful and democratic future for the Baltic Janet A. Sanderson, of Arizona, a Career mitting, pursuant to law, the report of a rule region. Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraor- entitled ‘‘Safety/Security Zone Regulations; f (Including 69 regulations)’’ (RIN2115–AA97 dinary and Plenipotentiary of the United (2000–0024)) received on May 25, 2000; to the EXECUTIVE REPORTS OF States of America to the Democratic and Committee on Commerce, Science, and COMMITTEE Popular Republic of Algeria. Nominee: Janet A. Sanderson. Transportation. The following executive reports of Post: Ambassador to Algeria. EC–9479. A communication from the Acting committee were submitted: The following is a list of all members of Chief of the Office of Regulations and Ad- By Mr. HELMS for the Committee on For- my immediate family and their spouses. I ministrative Law, United States Coast eign Relations. have asked each of these persons to inform Guard, Department of Transportation, trans- Ross L. Wilson, of Maryland, a Career me of the pertinent contributions made by mitting, pursuant to law, the report of a rule Member of the Senior Foreign Service Class them. To the best of my knowledge, the in- entitled ‘‘Regatta Regulations; (Including 13 of Counselor, to be Ambassador Extraor- formation contained in this report is com- regulations)’’ (RIN2115–AE46 (2000–0004)) re- dinary and Plenipotentiary of the United plete and accurate. ceived on May 25, 2000; to the Committee on States of America to the Republic of Azer- Contributions, amount, date, donee: Commerce, Science, and Transportation. baijan. 1. Self: none. EC–9480. A communication from the Acting Nominee: Ross L. Wilson. 2. Spouse: Chief of the Office of Regulations and Ad- Post: Ambassador to Azerbaijan. 3. Children and Spouses names, none. ministrative Law, United States Coast Nominated: February 1, 2000. 4. Parents names: John M. Sanderson, Guard, Department of Transportation, trans- The following is a list of all members of none; Patricia M. Sanderson, none. mitting, pursuant to law, the report of a rule my immediate family and their spouses. I 5. Grandparents names: Emil and Mar- entitled ‘‘Regulated Navigation Areas; Ter- have asked each of these persons to inform jorie Budde, deceased; John and Gail mination of Regulated Navigation Area: me of the pertinent contributions made by Sanderson, deceased. Monongahela River, Mile 81.0 to 83.0 (CGD08– them. To the best of my knowledge, the in- 6. Brothers and Spouses names: Michael 00–010))’’ (RIN2115–AE84 (2000–0001)) received formation contained in this report is com- J. Sanderson, none. on May 25, 2000; to the Committee on Com- plete and accurate. 7. Sisters and Spouses names, none. merce, Science, and Transportation. Contributions, Amount, Date, Donee: EC–9481. A communication from the Acting 1. Self: none. Donald Y. Yamamoto, of New York, a Ca- Chief of the Office of Regulations and Ad- 2. Spouse: Marguerite H. Squire, none. reer Member of the Senior Foreign Service, ministrative Law, United States Coast 3. Children and Spouses: C. Blake Wilson, Class of Counselor, to be Ambassador Ex- Guard, Department of Transportation, trans- none; Grady S. Wilson, none. traordinary and Plenipotentiary of the mitting, pursuant to law, the report of a rule 4. Parents: John A. Wilson, none; Winnidell United States of America to the Republic of entitled ‘‘Safety Zone; Outer Continental G. Wilson, approximately $50.00 (total), var- Djibouti. Shelf Platforms in the Gulf of Mexico ious 1995–2000, women candidates of Demo- Nominee: Donald Y. Yamamoto. (CGD08–99–023)’’ (RIN2115–AF93) received on cratic Farmer Labor Party of Minnesota. Post: Ambassador to Djibouti. May 25, 2000; to the Committee on Com- 5. Grandparents: Osmyn B. Wilson, de- The following is a list of all members of merce, Science, and Transportation. ceased; Edna B. Wilson, deceased; Andrew J. my immediate family and their spouses. I f Gravitt, deceased; Winnidell Gravitt, de- have asked each of these persons to inform ceased. me of the pertinent contributions made by REPORTS OF COMMITTEES 6. Brothers and Spouses: Murray D. Wilson, them. To the best of my knowledge, the in- approximately $100.00 (total), various 1995– The following reports of committees formation contained in this report is com- 2000, Democratic Farmer-Labor Party of plete and accurate. were submitted: Minnesota; Becky Wilson, none. Contributions, amount, date, donee: By Mr. MURKOWSKI, from the Committee 7. Sisters and Spouses Joanne Lindahl, ap- 1. Self: Donald Yamamoto, none. on Energy and Natural Resources: proximately $200.00 annually, 1995–2000, 2. Spouse: Margaret Yamamoto, none. Report to accompany S. 2071, a bill to ben- American Express Political Action Com- 3. Children and Spouses, names: Michael efit electricity consumers by promoting the mittee; Duane Lindahl, none. Yamamoto, none; Laura Yamamoto, none. reliability of the bulk-power system (Rept. 4. Parents names: Mr. & Mrs. Hideo & Lil- No. 106–324). Karl William Hofmann, of Maryland, a Ca- lian Yamamoto, none. By Mr. HELMS, from the Committee on reer Member of the Senior Foreign Service, 5. Grandparents names: Mr. and Mrs. Foreign Relations, without amendment: Class of Counselor, to be Ambassador Ex- Yamamoto, deceased; Mr. and Mrs. H.R. 4249: An act to foster cross-border co- traordinary and Plenipotentiary of the Matsuura, deceased. operation and environmental cleanup in United States of America to the Togolese 6. Brothers and Spouses, names: Mr. Ron- Northern Europe. Republic. ald Yamamoto, none.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12869 7. Sisters and Spouses names: No Sister. 7. Sisters and Spouses Names: Margaret The following is a list of all members of Peters Fox, none, Theodore P. Fox none; my immediate family and their spouses. I John W. Limbert, of Vermont, a Career Susan P. Peters, $250, May 19/99, Rep. Anne have asked each of these persons to inform Member of the Senior Foreign Service, Class Northrup (R-Ky), $500, July 2/98, GEPAC me of the pertinent contributions made by of Counselor, to be Ambassador Extraor- (Rep. Anne Northrup), $200, Sept. 5/97, them. To the best of my knowledge, the in- dinary and Plenipotentiary of the United GEPAC (Rep. Anne Northrup), $50, Aug. 7/96, formation contained in this report is com- States of America to the Islamic Republic of GEPAC, $30, Sept. 5/95, GEPAC, $25, Sept. 13/ plete and accurate. Mauritania. 94, GEPAC; Constance Peters Murphy none; Contributions, amount, date, donee: Nominee: John W. Limbert. Brian P. Murphy, $100, 1997, Tom Davis (R- 1. Self: $100. Post: Ambassador to Mauritania. Va), $100, 1997, Jim Moran (D-Va); Virginia 2. Spouse: $100. The following is a list of all members of M. Peters, none; Robert A Peters Bigley, 3. Children and Spouses names: no chil- my immediate family and their spouses. I none, Mark Bidley none. dren. have asked each of these persons to inform 4. Parents names: none. me of the pertinent contributions made by John Edward Herbst, of Virginia, a Career 5. Grandparents names: deceased. them. To the best of my knowledge, the in- Member of the Senior Foreign Service, Class 6. Brothers and Spouses names: no broth- formation contained in this report is com- of Counselor, to be Ambassador Extraor- ers. plete and accurate. dinary and Plenipotentiary of the United 7. Sisters and Spouses names: no sisters. Contributions, amount, date, donee: States of America to the Republic of 1. Self, none. Uzbekistan. Sharon P. Wilkinson, of New York, a Ca- 2. Spouse, none. Nominee: John E. Hebst. reer Member of the Senior Foreign Service, 3. Children and Spouses names: Mandana Post: Uzbekistan. Class of Minister-Counselor, to be Ambas- Limbert, Shervin Limbert, none. The following is a list of all members of sador Extraordinary and Plenipotentiary of 4. Parents: deceased. my immediate family and their spouses. I the United States of America to the Republic 5. Grandparents: deceased. have asked each of these persons to inform of Mozambique. 6. Brothers and Spouses, none. me of the pertinent contributions made by Nominee: Sharon P. Wilkinson. 7. Sisters and Spouses names: Ms. Lois them. To the best of my knowledge, the in- Post: Ambassador to Mozambique. Witt, none; Mr. Hal Witt, none; Ms. Valerie formation contained in this report is com- The following is a list of all members of Olson, none; Spouse deceased. plete and accurate. my immediate family and their spouses. I Contributions, amount, date, donee: have asked each of these persons to inform Roger A. Meece, of Washington, a Career 1. Self: none. me of the pertinent contributions made by Member of the Senior Foreign Service, Class 2. Spouse: None. them. To the best of my knowledge, the in- of Counselor, to be Ambassador Extraor- 3. Children and Spouses Names: Maria formation contained in this report is com- dinary and Plenipotentiary of the United Herbst, Ksenia Herbst, Alexsandra Herbst, plete and accurate. States of America, to the Republic of Ma- Nicholas Herbst, John Herbst, none. Contributions, amount, date, donee: lawi. 4. Parents: Christopher Herbst, deceased; 1. Self: none. Nominee: Roger A. Meece. Mary Herbst, deceased. 2. Spouse: NA. Post: Ambassador to Malawi. 5. Grandparents Names: John Herbst and 3. Children and Spouses Names: NA. The following is a list of all members of Sadia Herbst, deceased; Egidio Vaccheli and 4. Parents Names: Fred Wilkinson (de- my immediate family and their spouses. I Ierene Vaccheli, deceased. ceased), Jeane Ann Wilkinson, none. have asked each of these persons to inform 6. Brothers and Spouses. Names: none. 5. Grandparents Names: Deceased. me of the pertinent contributions made by 7. Sisters and Spouses. Names: Christine 6. Brothers and Spouses Names: Frederick them. To the best of my knowledge, the in- Herbst: none; Mitchelle Stern: none. D. Wilkinson III, none. formation contained in this report is com- 7. Sisters and Spouses Names: Dayna J. plete and accurate. E. Ashley Wills, of Georgia, a Career Mem- Wilkinson, none. Contributions, amount, date, donee ber of the Senior Foreign Service, Class of 1. Self: none. 2. Spouse: N/A. Career Minister, to be Ambassador Extraor- Owen James Sheaks, of Virginia, a Career 3. Children and Spouses: N/A. dinary and Plenipotentiary of the United Member of the Senior Executive Service, to 4. Parents names: Mary Jane Meece, none. States of America to the Democratic Social- be an Assistant Secretary of State 5. Grandparents names: N/A. ist Republic of Sri Lanka, and to serve con- (Verification and Compliance). (New Posi- 6. Brothers and Spouses, names: Stephen currently and without additional compensation) and Victoria Meece, none; Lawrence and Bar- tion as Ambassador Extraordinary and Plen- Pamela E. Bridgewater, of Virginia, a Ca- bara Meece, $35.00 2/1/99, Sen. Slade Gorton, ipotentiary of the United States of America reer Member of the Senior Foreign Service, $25.00 10/2/98, Wash. State Repub. Committee, to the Republic of Maldives. Class of Counselor, to be Ambassador Ex- $25.00 1/15/95 Sen. Slade Gorton. Nominee: E. Ashley Wills. traordinary and Plenipotentiary of the 7. Sisters and Spouses names: N/A. Post: Sri Lanka and the Maldives. United States of America to the Republic of The following is a list of all members of Benin. Mary Ann Peters, of California, a Career my immediate family and their spouses. I Nominee: Pamela E. Bridgewater. Member of the Senior Foreign Service, Class have asked each of these persons to inform Post: Ambassador to the Republic of of Minister-Counselor, to be Ambassador Ex- me of the pertinent contributions made by Benin. traordinary and Plenipotentiary of the them. To the best of my knowledge, the in- The following is a list of all members of United States of America to the People’s Re- formation contained in this report is com- my immediate family and their spouses. I public of Bangladesh. plete and accurate. have asked each of these persons to inform Nominee Mary Ann Peters. Contributions, amount, date, donee: me of the pertinent contributions made by Post Ambassador to Bangladesh. 1. Self: 0. them. To the best of my knowledge, the in- The following is a list of all members of 2. Spouse: 0. formation contained in this report is com- my immediate family and their spouses. I 3. Children and Spouses Names: Zachary, 0, plete and accurate. have asked each of these persons to inform Olivia, 0. Contributions, amount, date, donee: me of the pertinent contributions made by 4. Parents Names: James A. Wills, 0, 1. Self: none. them. To the best of my knowledge, the in- Frankie B. Wills, 0. 2. Spouse: no spouse. formation contained in this report is com- 5. Grandparents Names: All deceased years 3. Children and Spouses Names: no chil- plete and accurate. ago. dren. Contributions, amount, date, donee: 6. Brothers and Spouses Names: James A. 4. Parents Names: Mary E. Bridgewater, 1. Self: none. Wills III, 0, Kadi Wills, 0. $200.00, April 2000, Lawrence Davies for Con- 2. Spouse: Timothy M. McMahon, none. 7. Sisters and Spouses Names: Joan L. gress campaign; Joseph N. Bridgewater (de- 3. Children and Spouses Names: Margaret Wills, 0. ceased). McMahon, none; Anthony McMahon, none. 5. Grandparents Names: Rev. B.H. and 4. Parents Names: Margaret C. Peters, Carlos Pascual, of the District of Colum- Blance A. Hester (deceased); Mrs. Ethel none; Robert M. Peters none. bia, a Career Member of the Senior Foreign Bridgewater (deceased). 5. Grandparents Names: Anthony Camarata Service, Class of Minister-Counselor, to be 6. Brothers and Spouses Names: Joseph deceased; Mark W. Peters, deceased, Cornelia Ambassador Extraordinary and Pleni- Bridgewater III (stepbrother), none; no Camarata deceased; Margaret D. Peters de- potentiary of the United States of America spouse. ceased. to Ukraine. 7. Sisters and Spouses Names: Claudia Wal- 6. Brothers and Spouses, Names: Mark W. Nominee: Carlos Pascual. ton (stepsister) none; Michael Walton Peters, none. Post: Ambassador to Ukraine. (spouse), none.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 12870 CONGRESSIONAL RECORD—SENATE June 28, 2000 Pamela E. Bridgewater, of Virginia, a Ca- communities with high levels of out-migra- There are nearly four million infants reer Member of the Senior Foreign Service, tion or population loss eligible for commu- born in this country each year, but Class of Counselor, to be Ambassador Ex- nity facilities grants; to the Committee on only one million new cribs sold. As traordinary and Plenipotentiary of the Agriculture, Nutrition, and Forestry. many as half of all infants are placed United States of America to the Republic of f Benin. in secondhand, hand-me-down, or heir- (The above nominations were re- SUBMISSION OF CONCURRENT AND loom cribs—cribs that are sold in thrift ported with the recommendations that SENATE RESOLUTIONS stores or resale furniture stores. These cribs may be unsafe, and may in fact they be confirmed subject to the nomi- The following concurrent resolutions nees’ commitment to respond to re- threaten the life of the infants placed and Senate resolutions were read, and in them. quests to appear and testify before any referred (or acted upon), as indicated: duly constituted committee of the Sen- This legislation requires thrift stores By Mr. L. CHAFEE (for himself and ate.) and retail furniture stores to remove Mr. HELMS): decorative knobs on the cornerposts of f S. Res. 329. A resolution urging the Gov- cribs before selling those cribs. INTRODUCTION OF BILLS AND ernment of Argentina to pursue and punish those responsible for the 1994 attack on the Additionally, the bill prohibits hotels JOINT RESOLUTIONS AMIA Jewish Community Center in Buenos and motels from providing unsafe cribs The following bills and joint resolu- Aires, Argentina; placed on the calendar. to guests, or risk being fined up to tions were introduced, read the first By Mr. LOTT: $1,000. and second times by unanimous con- S. Con. Res. 125. A concurrent resolution The Infant Crib Safety Act makes sent, and referred as indicated: providing for a conditional adjournment or the sale of used, unsafe cribs illegal. I recess of the Senate and a conditional ad- hope my colleagues will join me in put- By Mrs. FEINSTEIN: journment of the House of Representatives; S. 2803. A bill to provide for infant crib ting a stop to preventable injuries and considered and agreed to. safety, and for other purposes; to the Com- deaths resulting from unsafe cribs. mittee on Commerce, Science, and Transpor- f tation. By Mr. BAYH (for himself and By Mr. BAYH (for himself and Mr. STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS Mr. LUGAR): LUGAR): S. 2804. A bill to designate the facil- S. 2804. A bill to designate the facility of Mrs. FEINSTEIN: ity of the United States Postal Service the United States Postal Service located at S. 2803. A bill to provide for infant located at 424 South Michigan Street in 424 South Michigan Street in South Bend, In- crib safety, and for other purposes; to diana, as the ‘‘John Brademas Post Office’’; South Bend, Indiana, as the ‘‘John to the Committee on Governmental Affairs. the Committee on Commerce, Science, Brademas Post Office’’; to the Com- By Mr. THOMPSON (for himself and and Transportation. mittee on Governmental Affairs. Mr. LIEBERMAN) (by request): THE INFANT CRIB SAFETY ACT DESIGNATION OF THE ‘‘JOHN BRADEMAS POST S. 2805. To amend the Federal Property and Mrs. FEINSTEIN. Mr. President, OFFICE’’ Administrative Services Act of 1949, as today, I am introducing legislation de- ∑ Mr. BAYH. Mr. President. It is with amended, to enhance Federal asset management, and for other purposes; to the Com- signed to eliminate injuries and deaths great pride that I rise today to pay mittee on Governmental Affairs. that result from crib accidents. tribute to a good friend and a great By Mr. SARBANES (for himself and While there are strict guidelines on man, former United States Congress- Ms. MIKULSKI): the manufacture and sale of new cribs, man John Brademas. I am honored to S. 2806. A bill to amend the National Hous- there are still 25 to 30 million unsafe introduce legislation designating the ing Act to clarify the authority of the Sec- cribs sold throughout the U.S. in ‘‘sec- United States Post Office located at 424 retary of Housing and Urban Development to ondary markets,’’ such as thrift stores South Michigan Street in South Bend, terminate mortgagee origination approval for poorly performing mortgagees; to the and resale furniture stores. These cribs Indiana, as the ‘‘John Brademas Post Committee on Banking, Housing, and Urban should be taken off the market, and ei- Office.’’ Affairs. ther made safe, or destroyed. John Brademas was born on March 2, By Mr. BREAUX (for himself Mr. There are a number of reasons why 1927, in Mishawaka, Indiana, a small FRIST, Mr. KERREY, Mr. BOND, Mr. unsafe cribs should be taken off the town in Indiana’s third congressional SANTORUM, Ms. LANDRIEU, Mr. market: district, which he would later represent ASHCROFT, and Ms. COLLINS): Each year, at least 45 children die for more than two decades (1959–1981). S. 2807. A bill to amend the Social Security from injuries sustained in cribs. That Act to establish a Medicare Prescription John’s father was a Greek immigrant Drug and Supplemental Benefit Program and is almost one child a week. restauranteur and his mother was a to stabilize and improve the The number of deaths from crib inci- Hoosier school teacher. Upon gradua- Medicare+Choice program, and for other pur- dents exceeds deaths from all other tion from high school, John joined the poses; to the Committee on Finance. nursery products combined. Navy and soon thereafter became a By Mr. ABRAHAM (for himself, Mr. Over 9,000 children are hospitalized Veterans National Scholar at Harvard FITZGERALD, Mrs. HUTCHISON, and Mr. each year as a result of injuries sus- University, from which he graduated GRAMS): tained in cribs. with a B.A., Magna Cum Laude, in 1949. S. 2808. A bill to amend the Internal Rev- enue Code of 1986 to temporarily suspend the To illustrate the need for this legisla- From 1950 to 1953, he studied as a Federal fuels tax; read the first time. tion, I want to share with you the Rhodes Scholar at Oxford University, By Mr. DODD (for himself and Mr. story of Danny Lineweaver. England, receiving the degree of Doctor DEWINE): At the age of 23 months, Danny was of Philosophy in Social Studies. S. 2809. A bill to protect the health and injured during an attempt to climb out From 1955 to 1956, John Brademas welfare of children involved in research; to of his crib. Danny caught his shirt on a served as Executive Assistant to the the Committee on Health, Education, Labor, decorative knob on the cornerpost of late Adlai E. Stevenson, where he as- and Pensions. By Mr. KERRY (for himself and Mr. his crib and hanged himself. sumed research responsibilities during DEWINE): Though his mother was able to per- the 1956 Presidential campaign. Three S. 2810. A bill to amend the Consumer form CPR the moment she found him, years later, John Brademas became the Product Safety Act to confirm the Consumer Danny lived in a semi-comatose state first native-born American of Greek or- Product Safety Commission’s jurisdiction for nine years and died in 1993. This in- igin to be elected to Congress. In the over child safety devices for handguns, and jury and subsequent death could have House, he quickly became a leader in for other purposes; to the Committee on been prevented. the areas of education, the arts and hu- Commerce, Science, and Transportation. Since Danny’s accident, we have manities, as well as a staunch defender By Mr. DASCHLE (for himself and Mr. CONRAD): passed laws mandating safety stand- of the rights of the disabled and the el- S. 2811. A bill to amend the Consolidated ards for the manufacture of new cribs. derly. During his service on the House Farm and Rural Development Act to make But this is not enough. Committee on Education and Labor,

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12871 Congressman Brademas was largely re- ernize and reform the management, use acquisition, use, maintenance, and disposal sponsible for writing major federal leg- and disposal of the Federal govern- of real and personal property assets subject islation concerning elementary and ment’s real property and surplus per- to this Act and under the jurisdiction, cus- secondary education, higher education, sonal property. tody and control of such agencies. ‘‘(b) In order to accumulate and maintain a vocational education, as well as sup- The Federal government owns or con- single, comprehensive descriptive listing of port for libraries, museums, and the trols over 24 million acres of land and all Federal real property interests under the arts and humanities. facilities which have been acquired for custody and control of each Federal agency, Congressman Brademas was also the use and operation by Federal agencies the Administrator, in coordination with the chief House sponsor of the Education in support of their missions. Since 1949, heads of affected Federal agencies, shall col- for all Handicapped Children Act; the the Federal Property and Administra- lect such descriptive information, except for Arts, Humanities, and Cultural Affairs tive Services Act has provided the classified information, as the Administrator Act; and the Older Americans Com- foundation for the management and deems will best describe the nature, use, and extent of the real property holdings of the prehensive Services Act. In 1977, Con- disposal of these properties as well as United States. For purposes of this section, gressman Brademas was chosen by his for surplus personal property. This leg- real property holdings include all public colleagues for the influential position islative proposal is intended to im- lands of the United States and all real prop- of House Majority Whip, in which he prove life cycle planning and manage- erty of the United States located outside the served for his last four years in office. ment of Federal assets. States of the Union, to include, but not be Among his numerous accomplishments, We are introducing this proposal limited to the District of Columbia, Puerto Congressman Brademas was respon- today for the purpose of encouraging Rico, American Samoa, Guam, the Trust sible for attaining the necessary fund- study and comment by all interested Territory of the Pacific Islands and the Vir- gin Islands. To facilitate the reporting on a ing for the very same Post Office that parties. Key participants in the current uniform basis, the Administrator is author- I seek to name in his honor. property disposal process are state and ized to establish data and other information Today, Congressman Brademas is local governments, non-profit organi- technology standards for use by Federal President Emeritus of New York Uni- zations and federal agencies. The Gov- agencies in developing or upgrading agency versity, where he served as President ernmental Affairs Committee intends real property infon-nation systems. from 1981–1992. During that time, he led to review this legislative measure and ‘‘(c) The listing compiled pursuant to this the transition of New York University all comments received about it to bet- section shall be public record; however, the from a regional commuter school to a ter understand what changes are desir- Administrator is authorized to withhold infon-nation, including the location of clas- national and international research able in the management of the Federal sified facilities, when it is determined that university. In addition to his respon- government’s billions of dollars worth withholding such information would be in sibilities at New York University, he is of real and surplus property. The Com- the public interest. Nothing herein shall re- the Chairman of the National Endow- mittee expects to follow through with quire the public release of information which ment for Democracy and serves as co- further legislative action in the next is exempt from disclosure pursuant to the chairman for the Center on Science, Congress. Freedom of Information Act (5 U.S.C. §552). Technology and Congress at the Amer- Mr. President, I ask unanimous con- ‘‘(d) Nothing in this section shall authorize ican Association for the Advancement sent that the full text of the Federal the Administrator to assume jurisdiction over the acquisition, management, or dis- of Science. He also serves on the Con- Asset Management Reform Act of 2000 posal of real property not subject to this sultants’ Panel to the Comptroller be printed at this point in the RECORD. Act. General of the United States. There being no objection, the bill was ‘‘SEC. 214. (a) Within ISO days of the effec- During his long and distinguished ordered to be printed in the RECORD, as tive date of this section, the head of each service, both as a leader in government follows: landholding agency shall appoint, or des- and a leader in higher education, John S. 2805 ignate from among persons who are employees within such agency, a Senior Real Prop- Brademas has provided inspiration and Be it enacted by the Senate and House of Rep- erty Officer. The head of any landholding guidance to two generations of men resentatives of the United States of America in agency who so desires may also appoint a and women committed to public serv- Congress assembled, Real Property Officer for any major compo- ice and to education. I want to thank TITLE 1. SHORT TITLE. nent part of an agency, and such Real Prop- Congressman Brademas for his endur- This Act may be cited as the ‘‘Federal erty Officers, for the purposes of complying ing contributions to the State of Indi- Property Asset Management Reform Act of with this Act, shall report to the Senior Real ana and the nation. 2000’’. Property Officer. Mr. President, it is my hope that the TITLE 2. DEFINITIONS. ‘‘(b) The Senior Real Property Officer for each agency shall be responsible for continu- Postal facility located at 424 South Section 3 of the Federal Property and Ad- ously monitoring agency real property assets Michigan Street will soon bear the ministrative Services Act of 1949, as amend- to: name of my good friend and fellow Hoo- ed (40 U.S.C. §472), is amended by adding at ‘‘(1) ensure that the management of each the end the following: sier, former Congressman John asset, including but not limited to its func- ‘‘(m) The term ‘‘landholding agency’’ Brademas.∑ tional use, occupancy, reinvestment require- means any Federal agency that, by specific ments and future utility, is fully consistent or general statutory authority, has jurisdic- By Mr. THOMPSON (for himself with and supportive of the goals and objection, custody, and control over real property, and Mr. LIEBERMAN) (by re- tives set forth in the agency’s Strategic Plan or interests therein. The ten-n does not in- quest): required under section 3 of the Government clude agencies, when they are acting as the Performance and Results Act of 1993, Public S. 2805. To amend the Federal Prop- sponsors of real property conveyances for Law 103–62 (5 U.S.C. §306), consistent with the erty and Administrative Services Act public benefit purposes pursuant to section framework provided by the real property of 1949, as amended, to enhance Federal 203 of the Act (40 U.S.C. 33 § 484). asset management, and for other pur- asset management principles published by TITLE 3. LIFE CYCLE PLANNING AND the Administrator pursuant to section 213(a) poses; to the Committee on Govern- MANAGEMENT of this Act, and reflected in an agency asset mental Affairs. Title 11 of the Federal Property and Ad- management plan. The asset management THE FEDERAL PROPERTY ASSET MANAGEMENT ministrative Services Act of 1949, as amend- plan shall be prepared according to guide- REFORM ACT OF 2000 ed, is amended by adding at the end thereof lines issued by the Administrator, shall be ∑ Mr. THOMPSON. Mr. President, the following new sections: maintained to reflect current agency pro- today Senator Lieberman and I are in- ‘‘SEC. 213. (a) In accordance with the au- gram and budget priorities, and be con- troducing, by request, the Federal thorities vested in the Administrator under sistent with capital planning and program- Asset Management Reform Act of 2000. section 205(c) of this Act, the Administrator, ming guidance issued by the Office of Man- in collaboration with the heads of affected agement and Budget; This legislation is the result of the Federal agencies, shall establish and main- ‘‘(2) identify real property assets that can work of the General Services Adminis- tain current asset management principles to benefit from the application of the enhanced tration, under the leadership of its Ad- be used as guidance by such agencies in mak- asset management tools described in section ministrator David Barram, to mod- ing major decisions concerning the planning, 216 of this Act;

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‘‘(3) ensure, in those cases where a real ‘‘SEC. 216. ENHANCED ASSET MANAGEMENT the term of the outlease and (iii) the use of property asset can benefit from application TOOLS.— the real property by the lessee will not be in- of an enhanced asset management tool, that ‘‘(a) INTERAGENCY TRANSFERS OR EX- consistent with the statutory mission of the any resulting transaction will result in a fair CHANGES.—Any landholding agency may ac- landholding agency; provided that such an return on the Federal government invest- quire replacement real property by transfer outlease transaction is conducted competi- ment and protect the Federal government or exchange of real property subject to this tively. from unreasonable financial or other risks; Act with other Federal agencies under terms ‘‘(1) OUTLEASE AGREEMENTS.—Any outlease and mutually agreeable to the agencies involved. agreements authorized under this sub- ‘‘(4) ensure that a listing and description of ‘‘(b) SALES TO OR EXCHANGES WITH NON- section: the real property assets, under the jurisdic- FEDERAL SOURCES.—Any landholding agency ‘‘(A) shall be for a term no longer than 20 tion, custody and control of that agency, in- may acquire replacement real property by years; with the exception that property that cluding public lands of the United States and selling or exchanging a real property asset or cannot be sold may be outleased for up to 35 property located in foreign lands, is provided interests therein with any non Federal years provided any such agency head deter- to the Administrator, along with any other source; provided that: (1) this transaction mination of whether property cannot be sold relevant information the Administrator may does not conflict with other applicable laws shall be based on criteria established by the request, for inclusion in a govemment-wide governing the acquisition of interests in real Administrator; listing of all Federal real property interests property by Federal agencies; (2) the agency ‘‘(B) shall result in the agency receiving established and maintained in accordance first made the property available for transfer fair market value consideration, as defined with section 213(b) of this Act. or exchange to other Federal agencies; and by the agency head, for the asset, including ‘‘(c) Except as otherwise provided by Fed- (3) the transaction results in the agency re- cash, services, and/or in-kind consideration; eral law, prior to a Federal agency acquiring ceiving fair market value consideration, as ‘‘(C) shall not provide a leaseback option any interests in real property from any non- determined by the agency head, for the asset to the Federal government to occupy space Federal source, the Senior Real Property Of- sold or exchanged. in any facilities acquired, constructed, re- ficer of the acquiring agency shall give first ‘‘(c) SUBLEASES.—The head of any land- paired, renovated or rehabilitated by the consideration to available Federal real prop- holding agency, by lease, permit, license or non-govemmental entity, unless the net erty holdings.’’. similar instrument, may make available to present value, including the market value of TITLE 4. ENHANCED AUTHORITIES FOR other Federal agencies and to non-Federal the land provided through the outlease, of REAL PROPERTY ASSET MANAGEMENT entities the unexpired portion of any govern- such an outlease and leaseback arrangement SEC. 401. Title 11 of the Federal Property ment lease for real property; provided that is less expensive for the Federal government and Administrative Services Act of 1949, as the term of any sublease shall not exceed the than a simple Government-financed renova- amended, is amended by adding at the end unexpired portion of the term of the original tion or construction project; provided fur- thereof the following new sections: government lease of the property and the ther that any subsequent agreements to ‘‘SEC. 215. CRITERIA FOR USING ENHANCED sublease results in the agency receiving fair leaseback space in such facilities must be in ASSET MANAGEMENT TOOLS.— market rental value for the asset. Prior to accordance with the competition require- ‘‘(a) Subject to the requirements of sub- subleasing to any private person or private ments of Title III of this Act (41 U.S.C. §253 section (b) of this section, the head of a land- sector entity, the Federal landholding agen- et seq.) and meet the guidelines for operating holding agency may apply an enhanced asset cy shall give consideration to the needs of leases set forth in Conference Report No. 105– management tool described in section 216 of the following entities with the needs of enti- 217, to accompany the Balanced Budget Act this Title to a real property interest under ties listed in paragraph (1) being considered of 1997. the agency’s jurisdiction, custody and con- before the needs of entities listed in para- ‘‘(D) shall provide (i) that neither the trol when the head of the agency has deter- graph (2): United States, nor its agencies or employees, mined that such real property interest— ‘‘(1) FIRST PRIORITY.—The needs of each of shall be liable for any actions, debts or li- ‘‘(1) when used to acquire replacement real the following entities, equally, shall be given ability of the lessee, and (ii) that the lessee property, is not excess property within the first priority by the agency: shall not be authorized to execute and shall meaning given in subsection 3(e) of this Act ‘‘(A) Federal agencies; and not execute any instrument or document (40 U.S.C. § 472(e)); ‘‘(B) Indian tribes (as defined by section 4 creating or evidencing any indebtedness un- ‘‘(2) is used to fulfill or support a con- of the Indian Health Care Improvement Act less such instrument or document specifi- tinuing mission requirement of the agency; (25 U.S.C. 1603)), urban Indian organizations cally disclaims any liability of the United and (as defined by that section), and tribal orga- States, and of any Federal agency or em- ‘‘(3) can, by applying an enhanced asset nizations (as defined by section 4 of the In- ployee, thereunder; and management tool, improve the support of dian Self-Determination and Education As- (E) may contain such other terms and con- such mission. sistance Act (25 U.S.C. 450b)) when the prop- ditions as the head of the agency making the ‘‘(b) Before applying an enhanced asset erty is to be used in connection with an In- property available deems necessary to pro- management tool defined in section 216 to a dian self-determination contract or grant tect the interests of the Federal government. real property interest identified under sub- pursuant to the Indian Self-Determination ‘‘(2) ORDER OF CONSIDERATION.—In making section (a) of this section, the head of the Act (25 U.S.C. 450f et seq.); and property available for outlease, the land- agency shall determine that such application ‘‘(C) urban Indian organizations (defined as holding agency shall follow the order of con- meets all of the following criteria: in subparagraph (B)) when the property is to sideration listed in subsection (c) of this sec- ‘‘(1) supports the goals and objectives set be used in connection with a contract or tion. forth in the agency’s Strategic Plan required grant pursuant to title V of the Indian ‘‘(3) PREREQUISITES TO AGREEMENTS.—Prior under section 3 of the Government Perform- Health Care Improvement Act (25 U.S.C. 1651 to the head of any landholding agency exe- ance and Results Act of 1993, Public Law 103– et seq.). cuting any agreement authorized under sub- 62 (5 U.S.C. § 306) and the agency’s real prop- ‘‘(2) SECOND PRIORITY.—The needs of each section (d) of this section which would result erty asset management plan as required in of the following entities, equally, shall be in the development or major rehabilitation/ section 214; given second priority by the agency: renovation of Federal assets in partnership ‘‘(2) is the most economical and cost effec- ‘‘(A) State and local governments; and with a non-Federal entity, the head of such tive option available for the use of the real ‘‘(B) Indian tribes, tribal organizations, agency shall undertake an analysis of the property; and and urban Indian organizations (defined as in proposed arrangement or transaction, which ‘‘(3) is documented in a business plan paragraph (1)(B)) when the property is to be provides that any Federal real property, fi- which, commensurate with the nature of the used other than as described in paragraph nancial capital or other resources committed selected tool, analyzes all reasonable options (1). to the transaction are not placed at unrea- for using the property; takes into account ‘‘(d) OUTLEASES.—The head of any land- sonable financial risk or legal jeopardy. applicable provisions of law including but holding agency may make available by ‘‘(4) OTHER AUTHORITIES.—The authority not limited to the National Environmental outlease agreements with other Federal under this subsection shall not be construed Policy Act; and evidences compliance with agencies and non-Federal entities any un- to affect any other authority of any agency the requirements of the Stewart B. McKin- used or underused portion of or interest in to outlease property or to otherwise make ney Homeless Assistance Act, including (i) any agency real and related personal prop- property available for any reason. describing the result of the determination by erty after finding that (i) there is no long- ‘‘SEC. 217. FORMS OF CONSIDERATION.—Not- the Department of Housing and Urban Devel- term mission requirement for the property, withstanding any other provision of law, the opment of the suitability of the property for but the Federal government is not permitted forms of consideration received from an en- use to assist the homeless; and (ii) explain- to dispose of it; or (11) there is a continuing hanced asset management tool as described ing the rationale for the landholding agen- long-term mission requirement for the prop- in section 216 may include cash or cash cy’s decision not to make the property avail- erty to remain in Government ownership but equivalents, in-kind assets, services, or any able for use to assist the homeless. no known agency need for the property over combination thereof.

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‘‘SEC. 218. TRANSACTIONAL REPORTS.—For surplus Federal property in making their penses necessary and incident to the agen- those transactions authorized under section disposal decisions; and cy’s real property capital acquisitions, im- 216 involving the sale, exchange or outlease (D) serve as a clearinghouse for informa- provements, and dispositions, and such funds to a non-Federal source of any asset valued tion on all phases of the surplus property shall remain available until expended, in ac- in excess of $2 million at the time of the disposal process, including appeals from cordance with the agency’s asset manage- transaction, the head of the landholding sponsoring agencies and prospective donees ment plan as required in Section 214, without agency sponsoring the transaction shall sub- that insufficient consideration was given to further authorization: Provided, That monies mit the business plan required by subsection public benefit donations. from an exchange or sale of real property, or 215(b)(3) to the Office of Management and TITLE 5. INCENTIVES FOR REAL AND a portion of a real property holding, under Budget and to the appropriate Committees of PERSONAL PROPERTY MANAGEMENT subsection 216(b) of this Act shall be applied the United States Senate and the House of IMPROVEMENT only to the replacement of that property or Representatives at least 30 calendar days to the rehabilitation of the portion of that SEC. 501. Section 204 of the Federal Prop- prior to final execution of such transaction. erty and Administrative Services Act of 1949, real property holding that remains in Fed- The $2 million reporting threshold in this as amended (40 U.S.C. § 485), is amended as eral ownership.’’. subsection may be adjusted upward or down- follows: ‘‘(c) TRANSACTIONAL AND OTHER COSTS.— ward by the Administrator to reflect the an- (a) in paragraph (2) of subsection (h) by Agencies may be reimbursed, from the mone- nual inflation/deflation factor as determined striking ‘‘(b)’’ and inserting in lieu thereof tary proceeds of real property dispositions or by the Department of Commerce Consumer ‘‘(c)’’, and by striking the phrase ‘‘, to the from other available resources including Price Index. extent provided in appropriations Acts,’’; from the agency’s capital asset account, the ‘‘SEC. 219. ANNUAL REPORTS.—The head of (b) by revising subsection (i) to read as fol- full costs, direct and indirect, to the agency each landholding agency shall include a list lows: of disposing of such property, including but of all transactions using enhanced asset ‘‘Federal agencies may retain from the not limited to the costs of site remediation management tools under section 216 during proceeds of the sale of personal property or other environmental services, relocating the previous fiscal year with the materials amounts necessary to recover, to the extent affected tenants and occupants, advertising, the agency annually submits under section practicable, the full costs, direct and indi- surveying, appraisal, brokerage, historic 3515 of Title 3 1, United States Code.’’ rect, incurred by the agencies in disposing of preservation services, title insurance, docu- SEC. 402. Section 321 of the Act of June 30, such property including but not limited to ment notarization and recording services and 1932, 47 Stat. 412 (40 U.S.C. § 303b), is repealed. the costs for warehousing, storage, environ- the costs of managing leases and providing SEC. 403. Subsection 203(b) of the Federal mental services, advertising, appraisal, and necessary services to the lessees.’’. Property and Administrative Services Act of transportation. Such amounts shall be de- SEC. 502. Nothing in Act shall be construed 1949, as amended (40 U.S.C. § 484(b)), is posited into an account available for such to repeal or supersede any other provision of amended to read as follows: expenses without regard to fiscal year limi- Federal law directing the use of proceeds ‘‘(b)(1) The care and handling of surplus tations. Amounts that are not needed to pay from specific real property transactions or personal property, pending its disposition, such costs shall be transferred at least annu- directing how or where a particular Federal and the disposal of such property, may be ally to the general fund or to a specific ac- agency is to deposit, credit or use the pro- performed by the General Services Adminis- count in the Treasury as required by stat- ceeds from the sale, exchange or other dis- tration or, when so determined by the Ad- ute.’’; position of Federal property except as ex- ministrator, by the executive agency in pos- (c) by redesignating subsections (c), (d), pressly provided for herein. session thereof or by any other executive (e), (f), (g), (h) and (i), as subsections (d), (e), SEC. 503. (a) Section 2(a) of the Land and agency consenting thereto. (f), (g), (h), (i) and (j), respectively; and Water Conservation Act of 1965 as amended ‘‘(2) The responsibilities and authorities (d) by striking subsections (a) and (b) and (16 U.S.C. §4601–5(a)), is superseded only to for the care and handling of surplus real and by inserting in lieu thereof the following the extent that the Federal Property and Ad- related personal property, pending its dis- subsections (a), (b), and (c): ministrative Services Act of 1949, as amend- position, and for the disposal of such prop- ‘‘SEC. 204. PROCEEDS FROM TRANSFER OR ed, or a provision of this Act, provide for an erty, provided to the Administrator else- DISPOSITION OF PROPERTY— alternative disposition of the proceeds from where in this Act, are hereby transferred to ‘‘(a)(1) AGENCY RETENTION OF PROCEEDS the disposal of any surplus real property and the head of the landholding agency. The head FROM REAL PROPERTY.—Proceeds resulting related personal property subject to this Act, of the landholding agency may request the from the transfer or disposition of real and or the disposal of any interest therein. General Services Administration or any related property under this Title shall be (b) Subsection 3302(b) of Title 31, United other entity to provide disposal services, as credited to the fund, account or appropria- States Code, is superseded only to the extent long as the landholding agency retains the tion of the agency which made the property that this Act or any other Act provides for authority to make disposal decisions and available and shall be treated as provided in the disposition of money received by the agrees to reimburse the related disposal subsections (b) and (c) of this section. Government. costs. The head of the affected landholding ‘‘(2) PROCEEDS FROM PERSONAL PROPERTY.— SEC. 504. For purposes of implementing agency may also delegate the authority to Proceeds from any transfer of excess per- Title V of this Act, the following shall apply: manage the disposal process (including re- sonal property to a Federal agency or from (a) For fiscal years 2001 through 2005, OMB sponsibility for the related disposal costs) any sale, lease, or other disposition of sur- shall allocate by agency a prorata share of and to make disposal decisions to the Gen- plus personal property shall be treated as the baseline estimate of total surplus real eral Services Administration. In the latter prescribed in subsection (j) or permitted by property sales receipts transferred to the event, the landholding agency foregoes any law or otherwise. Land and Water Conservation Fund that claim to any related disposal proceeds pursu- ‘‘(3) OTHER PROCEEDS.—All proceeds under were contained in the President’s Budget for ant to section 204 of this Act and the General this title not deposited or credited to a spe- Fiscal year 2001, made pursuant to section Services Administration, after deducting cific agency account, shall be covered into 1109 of title 31 U.S. Code. OMB shall notify any disposal expenses incurred, shall deposit the Treasury as miscellaneous receipts ex- the affected agencies and Appropriation any net proceeds in the Treasury. The Ad- cept as provided in subsections (d), (e), (f), Committees of the U.S. House of Representa- ministrator of General Services retains the (g), (h), (i) and (j) of this section or per- tives and Senate in writing of this allocation authority to promulgate general policies and mitted by law or otherwise. within 30 days of enactment of this Act and procedures for disposing of such property. ‘‘(b) MONETARY PROCEEDS TO AGENCY CAP- shall not subsequently revise the allocation. These policies and procedures shall require ITAL ASSET ACCOUNTS.—Monetary proceeds (b) On September 30 of each fiscal year, that the General Services Administration: received by agencies from the transfer or dis- each agency shall transfer to the Treasury (A) notify the agencies responsible else- position of real and related personal prop- an amount equal to its allocation for that where in this Act for sponsoring public ben- erty shall be credited to an existing account fiscal year, out of the proceeds realized from efit conveyances of the availability of excess or an account to be established in the Treas- any sales of the agency’s surplus real prop- property as soon as it has been declared ex- ury to pay for the capital expenditures of the erty assets during that fiscal year. cess and solicit their input on whether their particular agency making the property (c) If an agency’s actual sale proceeds in public benefit represents the highest and available, which account shall be known as any fiscal year are less than the amount al- best use of such property; the agency’s capital asset account. Subject located to it by OMB for that fiscal year, the (B) serve as the central point of contact for to subsection (c), any amounts credited or agency shall transfer all of its sale proceeds agencies, prospective donees, and the public deposited to such account under this section, to the Treasury, and its allocation for the on the availability of surplus property as along with such other amounts as may be ap- subsequent fiscal year shall be increased by soon as it has been declared surplus; propriated or credited from time to time in the difference. (C) assure that the agencies with the au- annual appropriations acts, shall be devoted (d) On September 30, 2005, if an agency has thority to make disposal decisions give full to the sole purpose of funding that agency’s transferred less sale proceeds to the Treas- consideration to the public benefit uses of capital asset expenditures, including any ex- ury than its total allocation for the five

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years, the agency shall transfer the dif- SEC. 603. Subsection 201(c) of the Federal shelter, or other necessities to homeless inference out of any other funds available to Property and Administrative Services Act of dividuals or families or individuals whose the agency. 1949, as amended (40 U.S.C. §481(c)), is revised annual income is below the poverty line (as TITLE 6. STREAMLINED AND ENHANCED to read as follows: that term is defined in section 673 of the DISPOSAL AUTHORITIES ‘‘(c) In acquiring personal property or re- Community Services Block Grant Act) for SEC. 601. (a) Section 203 of the Federal lated services, or a combination thereof, any use in assisting the poor and homeless.’’. Property and Administrative Services Act of executive agency, under regulations to be (d) Paragraph (j)(4) is renumbered (j)(3) and 1949, as amended (40 U.S.C. §484), is amended prescribed by the Administrator, subject to amended as follows: in paragraph (k)(3) as follows— regulations prescribed by the Administrator (1) in subparagraph (C)(ii) by inserting be- (1) by striking ‘‘or municipality’’ and infor Federal Procurement Policy pursuant to fore the period at the end thereof the fol- serting in lieu thereof ‘‘municipality, or the Office of Federal Procurement Policy lowing: ‘‘: Provided, That such requirement qualified nonprofit organization established Act (41 U.S.C. §401 et seq.), may exchange or shall not apply to property identified by the for the primary purpose of preserving his- sell personal property and may apply the ex- Administrator in subparagraph (E) of this toric monuments’’; and change allowance or proceeds of sale in such paragraph as property for which no terms, (2) by inserting after the first sentence cases in whole or in part payment for similar conditions, reservations, or restrictions shall ‘‘Such property may be conveyed to a non- property or related services, or a combina- be imposed.’’; profit organization only if the State, polit- tion thereof, acquired: Provided, That any (2) by deleting subparagraph (E) and insert- ical subdivision, instrumentalities thereof, transaction carried out under the authority ing the following new paragraph: and municipality in which the property is lo- of this subsection shall be evidenced in writ- ‘‘(E) The State plan of operation shall pro- cated do not request conveyance under this ing. Sales of property pursuant to this sub- vide that the State agency may impose rea- section within thirty days after notice to section shall be governed by subsection 203(e) sonable terms, conditions, reservations, and them of the proposed conveyance by the Ad- of this title, and shall be exempted from the restrictions on the use of property to be do- ministrator to that nonprofit organization.’’. provisions of section 5 of Title 41.’’. nated under paragraph (2) of this subsection (b) Section 203 of the Federal Property and SEC. 604. Subsection 202(h) of the Federal and shall impose such terms, conditions, res- Administrative Services Act of 1949, as Property and Administrative Services Act of ervations, and restrictions as required by the amended (40 U.S.C.§484), is amended by revis- 1949, as amended (40 U.S.C. §483(h)), is amend- Administrator. The Administrator shall de- ing paragraph (k)(4)(C) to read as follows— ed to read as follows: termine the condition, age, value, or cost of ‘‘(C) the Secretary of the Interior, in the ‘‘(h) The Administrator may authorize the property for which no terms, conditions, res- case of property transferred pursuant to the abandonment, destruction, or other disposal ervations or restrictions shall be imposed surplus Property Act of 1944, as amended, of property which has no commercial value and for property so identified, title shall pass and pursuant to this Act, to States, political or of which the estimated cost of continued to the recipient immediately upon transfer subdivisions, and instrumentalities thereof, care and handling would exceed the esti- by the State agency. If the Administrator and municipalities for use as a public park or mated fair market value.’’. finds that an item or items have characteris- public recreation area, and to State, polit- SEC. 605. Subsection 203(j) of the Federal tics that require special handling or use lim- ical subdivisions, and instrumentalities Property and Administrative Services Act of itations, the Administrator may impose ap- thereof, municipalities, and nonprofit orga- 1949, as amended (40 U.S.C. §484(j)), is further propriate conditions on the donation of such nizations for use as an historic monument amended as follows: property.’’. for the benefit of the public; or’’. (a) Paragraph (j)(1) is amended— (e) Paragraph (j)(5) is renumbered (j)(4). SEC. 602. (a) Section 203 of the Federal (1) by striking the phrase ‘‘the fair and eq- SEC. 606. (a) Section 501 of the Stewart B. Property and Administrative Services Act of uitable distribution, through donation,’’ and McKinney Homeless Assistance Act, as 1949, as amended (40 U.S.C. §484), is amended inserting in lieu thereof ‘‘donation on a fair amended, and as codified at section 11411 of in subsection (e) as follows— and equitable basis’’; and title 42, United States Code, is amended as (1) by striking subparagraphs (3)(A), (3)(B), (2) by striking ‘‘paragraphs (2) and (3)’’ and follows: (1) in the first sentence of subsection (a), (3)(C) and (3)(E); inserting in lieu thereof ‘‘paragraph (2)’’. by inserting before the period the following: (2) by redesignating subparagraph (3)(D) (b) Paragraph (j)(2) is deleted. ‘‘, and that have not been previously re- and subparagraphs (3)(F) through (3)(I), as (c) Paragraph (j)(3) is renumbered (j)(2) and ported on by an agency under this sub- subparagraphs (3)(A) through (3)(E), respec- amended as follows: section’’; tively; (1) by deleting the introductory paragraph (3) by amending redesignated subparagraph (2) in the second sentence of subsection (a), and inserting in lieu thereof the following: (3)(E) to read as follows: by inserting after ‘‘to the Secretary’’ the fol- ‘‘(2) The Administrator shall, pursuant to ‘‘(E) otherwise authorized by this Act or lowing: ‘‘, which shall not include informa- criteria which are based on need and utiliza- other law or with respect to personal prop- tion previously reported on by an agency tion and established after such consultation erty deemed advantageous to the Govern- under this subsection’’; ment.’’; and with State agencies as is feasible, allocate (3) in subsection (b)(1), (c)(1)(A), and (4) by amending subparagraph (6)(A) to surplus personal property among the States (c)(2)(A), by striking ‘‘45’’ and inserting ‘‘30’’; read as follows: on a fair and equitable basis, taking into ac- (4) in subsection (c)(1)(A)(i), by inserting ‘‘(6)(A) An explanatory statement shall be count the condition of the property as well after ‘‘(a)’’ the following: ‘‘that have not prepared of the circumstances of each dis- as the original acquisition cost thereof, and been previously published’’; posal by negotiation of any real property transfer to the State agency property se- (5) in subsection (c)(1)(A)(ii), by inserting that has an estimated fair market value in lected by it for purposes of donation within after ‘‘properties’’ the following: ‘‘which excess of the threshold value for which the State—’’; have not been previously published’’; transactional reports are required under Sec- (2) in subparagraph (B) by— (6) by striking subsections (c)(1)(D) and tion 218.’’; and (A) deleting ‘‘providers of assistance to (c)(4); (5) by deleting subparagraphs (6)(C) and homeless individuals, providers of assistance (7) in subsections (d)(1) and (d)(2), by strik- (6)(D). to families or individuals whose annual in- ing ‘‘60 and inserting ‘‘90’’; (b) Section 203 of the Federal Property and comes are below the poverty line (as that (8) in subsection (d)(4)(A), by striking Administrative Services Act of 1949, as term is defined in section 673 of the Commu- ‘‘after the 60–day period described in para- amended, is further amended by adding to nity Services Block Grant Act),’’; graph (1) has expired.’’ and inserting ‘‘during the end thereof the following new subsection: (B) striking out ‘‘schools for the mentally the 90–day period described in paragraph ‘‘(s) The authority of any department, retarded, schools for the physically handi- (1).’’ and by striking the remainder of the agency, or instrumentality of the executive capped’’ and by inserting in lieu thereof paragraph; branch or wholly owned Government cor- ‘‘schools for persons with mental or physical (9) in subsection (e)(3), by inserting the fol- poration to convey or give surplus real and disabilities’’; lowing sentence immediately after the first related personal property for public airport (C) striking the word ‘‘and’’ before ‘‘librar- sentence: ‘‘The Secretary of Health and purposes under Subchapter II of Title 49, ies’’; and Human Services shall give a preference to United States Code, shall be subject to the (D) inserting ‘‘and educational activities applications that contain a certification that requirements of this Act, and any surplus identified by the Secretary of Defense as their proposal is consistent with the local real property available for conveyance under being of special interest to the Armed Serv- Continuum of Care strategy for homeless as- that subchapter shall first be made available ices,’’ following the word ‘‘region,’’; and sistance.’’; to the Administrator for disposal under this (3) by adding a new subparagraph (C) to (10) in subsection (h) heading, by striking section, including conveyance for any public read as follows: ‘‘APPLICABILITY TO PROPERTY UNDER benefit purposes, including public airport ‘‘(C) to nonprofit institutions or organiza- BASE CLOSURE PROCESS’’ and inserting use, as the Administrator, after consultation tions which are exempt from taxation under ‘‘EXEMPTIONS’’; and with the affected agencies, deems advis- section 501 of Title 26, and which have for (11) in subsection (h), by adding the fol- able.’’. their primary function the provision of food, lowing new paragraph at the end:

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.002 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12875 ‘‘(3) The provisions of this section shall not By Mr. SARBANES (for himself 300% of the area average. They esti- apply to buildings and property that are— and Ms. MIKULSKI): mate that in Baltimore this threshold (A) in a secured area for national defense S. 2806. A bill to amend the National would allow them to terminate the purposes; or (B) inaccessible by road and can be reached Housing Act to clarify the authority of origination privileges of three major only by crossing private property.’’. the Secretary of Housing and Urban lenders that account for 40% of early (b) Within 30 days of the date of enactment Development to terminate mortgagee defaults and claims. of this section, the Secretary of Housing and origination approval for poorly per- The legislation accounts for differing Urban Development shall survey landholding forming mortgagees; to the Committee regional economies by ensuring that agencies to determine whether the properties on Banking, Housing, and Urban Af- lenders are only compared to others included in the last comprehensive list of properties published pursuant to section fairs. making loans in the same community. 501(c)(1)(A) of the Stewart B. McKinney CREDIT WATCH ACT OF 2000 It also provides a manner by which ter- Homeless Assistance Act remain available ∑ Mr. SARBANES. Mr. President, minated lenders may appeal the deci- for application for use to assist homeless. today I am introducing, ‘‘Credit sion of the FHA, if they believe there The Secretary shall publish in the Federal Watch,’’ a bill that will authorize the are mitigating factors that may justify Register a list of all such properties. Such Federal Housing Administration (FHA) higher rates. properties shall remain available for applica- to identify lenders who have exces- When lenders make loans with no re- tion for use to assist the homeless in accordance with sections 501(d) and 501(e) of such sively high early default and claim gard for the consumer or the health of Act (as amended by subsection (a) of this rates and terminate their origination the community, the FHA must be able section) as if such properties had been pub- approval. This legislation is necessary to take action in a timely manner. lished under section 501(c)(1)(A)(ii) of such to protect the FHA fund and take ac- This practice is a costly abuse of the Act. tion against lenders who are contrib- FHA insurance fund. Quick action not TITLE 7. MISCELLANEOUS uting to the deterioration of our neigh- only protects the health of the Mutual SEC. 701. SCOPE AND CONSTRUCTION.—The borhoods. Mortgage Insurance (MMI) fund, but it authorities granted by this Act to the heads A recent rash of FHA loan defaults protects neighborhoods from the detri- of Federal agencies for the management of have led to foreclosures and vacant mental effects of high vacancy rates real and personal property and the conduct properties in a number of cities around and consumers from the pain of fore- of transactions involving such property, including the disposition of the proceeds there- the country. In Baltimore, the effects closure and serious damage to their from, shall be in addition to, and not in lieu of high foreclosure rates are acute. In credit. of, any authorities provided in any law exist- some neighborhoods, there are numer- Lenders that offer loans to individ- ing on the date of enactment hereof. Except ous foreclosed homes, now abandoned, uals who cannot afford them should as expressly provided herein, nothing in this within just a few blocks of each other. not be able to continue making those Act shall be construed to repeal or supersede This can often be the beginning of a loans. It is a bad deal for taxpayers. It any such authorities. neighborhood’s decline. It creates a is a bad deal for neighborhoods. It is a SEC. 702. SEVERABILITY.—Although this Act is intended to be integrated legislation, perception that the property and the bad deal for the families who take out should any portion or provision of this Act neighborhood is not highly valued. In the loan. be found to be invalid or otherwise unen- turn, these neighborhoods become Credit Watch is an effective and effi- forceable by a court of competent jurisdic- physically deteriorated and often at- cient way that the FHA can prevent tion, such portion or portions of this Act tract criminal activity. these unfortunate foreclosures from shall be considered independent and sever- It’s like a rotten apple in a barrel. happening. While we need to address able for all other provisions of this Act and The rundown appearance of one home the larger issue of predatory lending in such invalidity shall not, by itself, invali- date any other provisions of this Act, which spreads to the surrounding neighbor- our communities, ‘‘Credit Watch’’ is an remaining provisions shall have the full hood. Neighborhoods that are strug- obvious and immediate solution to one force and effect of law. gling to stabilize and revitalize find part of the problem.∑ SEC. 703. JUDICIAL REVIEW.—Any deter- their efforts undermined by the pres- mination or any asset management decision ence of abandoned homes. By Mr. BREAUX (for himself, Mr. by an authorized agency official to transfer, The Department of Housing and FRIST, Mr. KERREY, Mr. BOND, outlease, sell, exchange or dispose of Federal Urban Development (HUD), community Mr. SANTORUM, Ms. LANDRIEU, real property or an interest therein in ac- Mr. ASHCROFT, and Ms. COL- cordance with applicable law shall be at the activists, and local law makers have LINS): sole discretion of the authorized agency offi- come together to examine the loans cial and shall not be the basis of any suit, being made in neighborhoods with high S. 2807. A bill to amend the Social Se- claim or action. foreclosure rates. curity Act to establish a Medicare Pre- SEC. 704. NO WAIVER.—Nothing in this Act In Baltimore and other cities, these scription Drug and Supplemental Ben- should be construed to limit or waive any groups found that careless lenders are efit Program and to stabilize and im- right, remedy, immunity, or jurisdiction of offering FHA insured loans to families prove the Medicare+Choice program, any Federal agency or any claim, judgement, who cannot afford to pay them back. and for other purposes; to the Com- lien or benefit due the United States of mittee on Finance. America. Early default or claim of these loans SEC. 705. EFFECTIVE DATE.—This Act and frequently leads to foreclosure of the MEDICARE PRESCRIPTION DRUG AND the amendments made by its provisions shall home. A foreclosed property can easily MODERNIZATION ACT OF 2000 be effective upon enactment except as other- turn into an uninhabited home, which ∑ Mr. FRIST. Mr. President, I am wise specifically provided for herein.∑ can either begin or continue a cycle of pleased to be here today to join Sen- ∑ Mr. LIEBERMAN. Mr. President, decline. ators BREAUX, KERREY, BOND, today, along with Senator THOMPSON, I In an effort to reduce the number of SANTORUM, LANDRIEU, ASHCROFT, and am introducing a bill at the request of loans that end in foreclosure, the FHA COLLINS in introducing the ‘‘Medicare the administration to amend the Fed- developed several new oversight meth- Prescription Drug and Modernization eral Property and Administrative Serv- ods. One of which is ‘‘Credit Watch.’’ Act of 2000’’—a truly bipartisan effort ices Act of 1949. The bill is designed to ‘‘Credit Watch’’ is an automated sys- to address the real need to provide sen- improve the federal government’s role tem that compares the number of early iors the prescription drugs they de- in managing both its personal and real foreclosures and claims of lenders in serve and strengthen and improve the property. By granting agencies en- the same area. This legislation author- Medicare program overall. hanced tools to handle their assets, the izes FHA to revoke the origination ap- Last fall, I introduced the ‘‘Medicare bill’s goal is to bring federal asset man- proval of lenders who have signifi- Preservation and Improvement Act of agement into the 21st century. I invite cantly higher rates of early defaults 1999’’, with Senators BREAUX, KERREY, comments on the administration’s pro- and claims than the other lenders in and HAGEL. This was the first bipar- posal and look forward to reviewing the same area. FHA is currently tar- tisan attempt to comprehensively re- them.∑ geting lenders with default rates over form Medicare in the program’s 35 year

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 12876 CONGRESSIONAL RECORD—SENATE June 28, 2000 history. When Medicare was first en- bloated and heavily micro-managed portant to pass along the same choices acted in 1965, it had the goal of pro- that it cannot adopt to the daily ad- we, as members of Congress, have, Sen- viding seniors necessary acute health vances in medicine and health care de- iors deserve no less. care that would otherwise have been livery. Even when life-saving diag- We ensure that low-income bene- unaffordable. However today’s health nostic tests become available, such as a ficiaries receive necessary drug cov- care delivery systems are far more ad- breakthrough prostate cancer-screen- erage by providing premium subsidies. vanced than the program’s creators ing test that came on the market in Beneficiaries below 135 percent of pov- ever imagined. Our goal over the past the early 1990s, it takes years before erty, beneficiaries receive a 100 percent year was to create an atmosphere for they can be approved. Medicare has premium subsidy and 95 percent of all further discussion on ways to strength- only recently begun reimbursing for cost-sharing. Beneficiaries between en and improve the Medicare program, prostate screening and only because a 135% and 150 percent of poverty receive including proposals for an outpatient new law was passed to allow it. premium subsidiaries on a sliding scale prescription drug benefit. Today, we The very fact that Congress must from a much as 100 percent to no less take the first step in the right direc- past such laws illustrates perfectly the than 25 percent, and all beneficiaries, tion—a direction to bring Medicare in problem with a heavily micro-managed regardless of income, will receive a 25% line with the benefits and delivery sys- system. No government program can premium subsidy. Since 39 percent of tems commonplace in the 21st century possibly keep up with the increasingly beneficiaries below 150 percent of pov- today. rapid rate at which new drugs and erty have no drug coverage, this provi- Building on last year’s bill and the technologies are brought to the mar- sion alone will provide comprehensive findings of the Bipartisan Commission ket. As a physician, I know that today, drug coverage for over 5 million seniors on the Future of Medicare, the ‘‘Medi- more than ever, access to lifesaving and individuals with disabilities. care Prescription Drug and Moderniza- drugs and technology as they become We also address the high costs of tion Act of 2000’’ takes the first steps available is the key to providing qual- drugs by ensuring that no beneficiary towards long-term Medicare reform ity health care, and we must modernize will ever pay retail prices for prescrip- while adding a much needed outpatient Medicare to meet these demands. tion drugs again. We do this through a prescription drug benefit to the pro- The need to modernize Medicare has prescription drug discount card program. Unlike in 1965, prescription never been more apparent. The meas- gram that passes on price discounts ne- drugs are integral to the delivery of ures included in the ‘‘Medicare Pre- gotiated between pharmaceutical com- health care and treating diseases prev- scription Drug and Modernization Act panies and insurers to beneficiaries. alent among the elderly population. We of 2000’’ will provide seniors the option For example, today a senior may pay must include a prescription drug ben- to choose the kind of health care cov- $100 for a particular drug. Under the efit in the Medicare system. However, erage that best suit their individual ‘‘Medicare Prescription Drug and Mod- we must also address some of the other needs, including enhanced benefits, ernization Act of 2000’’, this senior problems facing Medicare. outpatient prescription drug coverage, would have access to the insurers nego- For instance, we must recognize the and protections against high out-of- tiated rate of $70, but then would also need to update the total benefit pack- pocket drug costs. receive an even further discount age and increase the flexibility of the The ‘‘Medicare Prescription Drug and through coinsurance, reducing the program. Today’s Medicare coverage is Modernization Act of 2000’’ establishes total price of the drug by over 60 per- inadequate, covering only 53 percent of that Competitive Medicare Agency cent down to just $35. beneficiary’s average health costs, and (CMA), an independent, executive- The ‘‘Medicare Prescription Drug and still does not include coverage for branch agency to spearhead an ad- Modernization Act of 2000’’ modernizes many preventive services, eyeglasses, vanced level of Medicare management Medicare by establishing a new com- or dental care, much less prescription and oversight—leaving behind the in- petitive system under Medicare+Choice drugs. transigent bureaucracy and outdated where plans bid for the costs of deliv- Medicare is also facing a doubling of mindset infecting the program and in- ering care and compete with tradi- beneficiaries over the coming decades. stead guaranteeing seniors choice, tional Medicare based on benefits, Today, there are 39 million Medicare health care security, and improved price, and quality so that beneficiaries beneficiaries, but within the next 10 benefits and delivery of care. Modeled receive the highest-quality, affordable years, 77 million baby boomers will after the Social Security Administra- health care possible. Under this new begin entering the program. Our abil- tion, the CMA functions in a manner system, plans are allowed maximum ity to effectively respond to this in- similar to the Office of Personnel Man- flexibility to reduce current bene- creased demand is further limited by agement, which has a 40-year track ficiary Part B premiums and cost-shar- the declining number of workers pay- record of success in providing quality ing as well as offer new and additional ing payroll taxes, which fund Medicare comprehensive health coverage for the benefits to beneficiaries, including out- obligations each year, as the number of millions of federal employees and their patient prescription drug coverage. workers per retiree has continued to families through the Federal Employ- Finally, the ‘‘Medicare Prescription decline, from 4.5 in 1960 to 3.9 today. ees Health Benefits Program. Drug and Modernization Act of 2000’’, This figure is expected to further de- Vital to this bill is the Prescription for the first time in Medicare’s history cline to 2.8 in 2020. Drug and Supplemental Benefit Pro- provides lawmakers and the public a We all know that Medicare spending gram that provides beneficiaries out- better measure for evaluating Medi- consumes much of the federal budget. patient prescription drugs and other care’s financial health and establishes But this will only get worse. Currently additional benefits through new Medi- strong reporting requirements for the absorbing nearly 12 percent of the fed- care Prescription Plus plans offered by Medicare program as a whole. eral outlays, Medicare will balloon to private entities or through Medicare must be modernized to pro- 25 percent of the federal budget by 2030. Medicare+Choice plans. The drug ben- vide seniors integrated health care The program, which relies on general efit will provide, at a minimum, a choices, including outpatient prescrip- revenues to pay for close to 40 percent standard prescription drug package tion drug coverage. This afternoon my of total program expenditures today, consisting of a $250 deductible, 50 per- colleagues and I have moved beyond will continue to use an increasing cent cost-sharing up to $2,100, and stop- the demagoguery and disinformation share of general revenues, leaving loss protection at $6,000. Seniors are campaigns and have come together to fewer and fewer federal dollars avail- guaranteed this minimum benefits, but propose bipartisan legislation that bal- able to support other federal programs. also have the choice of other drug ben- ances the very real need for outpatient Finally, with over hundred thousand efit packages. I recognize more than prescription drug coverage with the pages of HCFA regulations governing anyone that a one-size-fits-all approach need for meaningful modernizations. Medicare, the program has become so to health care does not work. It is im- By moving forward on this legislation,

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12877 I believe we can truly provide choice trials, generally point to the need to S. 2809 and security for our Medicare bene- proactively address the issue of the Be it enacted by the Senate and House of Rep- ficiaries to ensure their individual safety of children in research. resentatives of the United States of America in health care needs are met, today and It is that need to be proactive that Congress assembled, well into the future.∑ has led Senator DEWINE and I to intro- SECTION 1. SHORT TITLE. duce the Children’s Research Protec- This Act may be cited as the ‘‘Children’s By Mr. DODD (for himself and Research Protection Act’’. tion Act. This legislation will address SEC. 2. FINDINGS, PURPOSES, AND DEFINITION. Mr. DEWINE): critical safety issues in children’s re- (a) FINDINGS.—Congress makes the fol- S. 2809. A bill to protect the health search by: lowing findings: and welfare of children involved in re- (1) Requiring the Secretary of Health (1) Children are the future of the Nation search; to the Committee on Health, and Human Services (HHS) to review and the preservation and improvement of Education, Labor, and Pensions. the current regulations for the protec- child health is in the national interest. CHILDREN’S RESEARCH PROTECTION ACT tion of children participating in re- (2) The preservation and improvement of Mr. DODD. Mr. President, I rise search and to clarify and update them child health may require the use of pharma- today with my colleague from Ohio, ceutical products. to ensure the highest standards of safe- (3) Currently only 1 out of 5 drugs on the Senator DEWINE, to introduce impor- ty. market in the United States have been ap- tant legislation to enhance the safety Requiring that all HHS funded and proved for use by children. The enactment of of our children. The Children’s Re- regulated research comply with these the provisions of the Food and Drug Admin- search Protection Act will strengthen strengthened federal protections. (Cur- istration Modernization Act (Public Law 105- protections for children participating rently research overseen by the Food 115) relating to pediatric studies of drugs, in research and also increase the num- and Drug Administration, but funded however, is expected to increase the pedi- ber researchers expert in pediatric by private pharmaceutical companies, atric testing of pharmaceuticals and thus to pharmacology. increase the numbers of children involved in is not required to comply with the ad- research. Three years ago, Senator DEWINE and ditional children’s protections, al- (4) Children are a vulnerable population I were successful in enacting legisla- though many pharmaceutical compa- and thus need additional protections for tion to reverse a troubling statistic— nies do so voluntarily.) their involvement in research relative to the fact that only 20 percent of drugs (3) Requiring the 15 federal agencies adults. Yet, current Federal guidelines for on the market have been tested specifi- that don’t currently have special the protection of children involved in re- cally for their safety and efficacy in guidelines for children’s research to de- search have not been updated since 1981, do children. Our legislation, The Better velop them within 12 months. not currently apply to Food and Drug Ad- Pharmaceuticals for Children Act, for (4) Asking the Secretary of HHS to ministration-regulated research that is not the first time provided a incentive for Federally funded, and have not been adopted review the adequacy of the IRB (Insti- by all Federal agencies that conduct re- drug companies to test their products tutional Review Board) process for pro- search involving children. for use with children. The results of tecting children in clinical trials and (5) Currently, in the United States, there is that legislation have been over- to report to Congress within 6 months a shortage of pharmacologists trained to ad- whelming. In the 2 years since this ini- on the question of whether we should dress the unique aspects of developing thera- tiative was started, drug manufactur- have a national board(s) to review ad- pies for children. There are fewer than 200 ers have launched more than 300 new verse events arising out of research on academic-based clinical pharmacologists in pediatric studies of 127 drugs. In con- children. the United States, of which 20 percent or trast, in the 5 years prior to enactment fewer are pediatricians. Currently, only 20 (5) Increasing the number of re- physicians complete clinical pharmacology of our legislation, the industry con- searchers that are experts in con- specialty training programs each year, and ducted only 11 pediatric safety studies ducting drug research with children by of these, only 2 or fewer specialize in pedi- for drugs already on the market—11 providing grants for fellowship training atric pharmacology. studies in five years versus over 300 in and creating a loan repayment pro- (b) PURPOSES.—It is the purpose of this Act just 2 years. The most immediate con- gram for pediatric drug researchers. to— sequence of this surge in the industry’s Only 20 physicians complete clinical (1) ensure the adequate and appropriate interest in testing their products in protection of children involved in research pharmacology speciality training pro- by— children is the rapid increase in the grams each year—of these, only 2 or (A) reviewing and updating as needed the number of children being signed up to fewer specialize in pediatric pharma- Federal regulations that provide additional participate in research studies—more cology. protections for children participating in re- than 18,000 children will eventually be We still have a long way to go to search as contained in subpart D of part 45 of needed just for the 300 trials that have make sure that children are not an title 46, Code of Federal Regulations; been proposed so far. afterthought when it comes to drug re- (B) extending such subpart D to all re- While we’re thrilled with the success search, but we can start by making search regulated by the Secretary of Health of our legislation, it has forced us to sure that when they volunteer to help and Human Services; and take a hard look at the adequacy of the (C) requiring that all Federal agencies other children by participating in re- adopt regulations for additional protections safety protections for children partici- search, their safety is paramount. This for children involved in research that is con- pating in research. All experimental measure prescribes a strong dose of ducted, supported, or regulated by the Fed- treatments, by their very nature, con- safety for our children. It provides eral Government; and tain some risk. Research involving critically important safeguards and (2) ensure that an adequate number of pedi- children is no exception. Yet, despite protections when it comes to pediatric atric clinical pharmacologists are trained the risks, each year thousands of par- medicine testing, allowing us to in- and retained, in order to meet the increased ents agree to allow their children to crease our knowledge of children’s demand for expertise in this area created by participate in a clinical trial, either in the pediatric studies provisions of the Food medication without increasing the dan- and Drug Administration Modernization Act hopes of improving their own health or ger to children. (Public law 105-115), so that all children have the health of other children. In doing I am pleased to join Senator DEWINE access to medications that have been ade- so, they place their trust in the exper- in this effort and I look forward to quately and properly tested on children. tise and ethics of the researchers and working with my colleague to pass this (c) DEFINITION.—In this Act, the term ‘‘pe- in strong oversight by the federal gov- legislation. diatric clinical pharmacologist’’ means an ernment. The vast majority of the time I ask unanimous consent that the at- individual— that trust is well-founded. But recent (1) who is board certified in pediatrics; and tached letters and a copy of the bill be (2) who has additional formal training and isolated incidents involving children printed in the RECORD. expertise in human pharmacology. harmed during clinical trials, as well There being no objection, the mate- SEC. 3. REVIEW OF REGULATIONS. as increasing concerns about the ade- rials were ordered to be printed in the (a) REVIEW.—By not later than 6 months quacy of federal oversight for clinical RECORD, as follows: after the date of enactment of this Act, the

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 12878 CONGRESSIONAL RECORD—SENATE June 28, 2000 Secretary of Health and Human Services Act, the Secretary of Health and Human May 1, 2000. shall have conducted a review of the regula- Services shall require that all research in- DEAR SENATOR DODD, I am addressing you tions under subpart D of part 45 of title 46, volving children that is conducted, sup- today in support of proposed senate bill, Code of Federal Regulations, considered any ported, or regulated by the Department of AAC: ‘‘Children’s Research Protection Act’’ modifications necessary to ensure the ade- Health and Human Services be in compliance ‘‘. . . that will protect the health and wel- quate and appropriate protection of children with subpart D of part 45 of title 46, Code of fare of children involved in research.’’ Addi- participating in research, and report the Federal Regulations. tionally, this bill will serve to ascertain findings of the Secretary back to Congress. ‘‘(b) OTHER FEDERAL AGENCIES.—Not later whether specific guidelines should be in- (b) AREAS OF REVIEW.—In conducting the than 12 months after the date of enactment cluded in the Code of Federal Regulations for review under subsection (a), the Secretary of of this Act, all Federal agencies shall have conducting research with other vulnerable Health and Human Services shall consider— promulgated regulations to provide addi- members of our society. (1) the appropriateness of the regulations tional protections for children involved in As a long time advocate and provider of for children of differing ages and maturity research. services for persons with disabilities, fami- levels, including legal status; SEC. 5. GRANTS FOR PEDIATRIC PHARMA- lies and children, my ongoing research of the (2) the definition of ‘‘minimal risk’’ and COLOGY. informed consent process as it relates to the manner in which such definition varies (a) IN GENERAL.—The Secretary of Health clinical trials dates back to 1979. At that for a healthy child as compared to a child and Human Services shall award grants to time, I focused on some very complex issues with an illness; qualified academic research institutions and of conducting medical research with children (3) the definitions of ‘‘assent’’ and ‘‘permis- research networks with the appropriate ex- who had mental retardation and were being sion’’ for child clinical research participants pertise to provide training in pediatric clin- placed under state care. We are a wealthy and powerful nation and and their parents or guardians and of ‘‘ade- ical pharmacology, such as the Pediatric I believe that our children are our greatest quate provisions’’ for soliciting assent or Pharmacology Research Units of the Na- treasure. They deserve the highest ethical permission in research as such definitions re- tional Institute of Child Health and Human standards that we can provide in all areas of late to the process of obtaining the informed Development, and the Research Units of the their lives including medical research and consent of children participating in research National Institute of Mental Health, to en- health. With the passage of the Food and and the parents or guardians of such chil- able such entities to provide fellowship Drug Administration Modernization Act, we dren; training to individuals who hold an M.D. in have widened the field of pediatric clinical (4) the definitions of ‘‘direct benefit to the order to ensure the specialized training of research, as should be the case since until individual subjects’’ and ‘‘generalizable pediatric clinical pharmacologists. (b) AMOUNT OF GRANT.—In awarding grants this time it has been seriously lacking atten- knowledge about the subject’s disorder or under subsection (a), the Secretary of Health tion. Due to this surge in new research, it is condition’’; and Human Services shall ensure that each the opportune time to review federal regula- (5) whether or not payment (financial or grantee receive adequate amounts under the tions that provide guidelines for clinical otherwise) may be provided to a child or his grant to enable the grantee to fund at least trials. We need to close gaps and better de- or her parent or guardian for the participa- 1 fellow each year for a 3-year period, at a fine protections so that our children will be tion of the child in research, and if so, the total of $100,000 per fellowship per year. offered the safest environment possible dur- amount and type given; (c) AUTHORIZATION OF APPROPRIATIONS.— ing research efforts. Furthermore, the par- (6) the expectations of child research par- For the purpose of carrying out this section, ents and guardians of our children need to ticipants and their parent or guardian for there are authorized to be appropriated such have every advantage and possible oppor- the direct benefits of the child’s research in- sums as may be necessary for each fiscal tunity afforded them so they can more fully volvement; year. understand the experimental nature of any (7) safeguards for research involving chil- SEC. 6. LOAN REPAYMENT PROGRAM REGARDING research before giving consent. dren conducted in emergency situations with CLINICAL RESEARCHERS. I am particularly excited that there are a waiver of informed assent; Part G of title IV of the Public Health provisions in this bill to help increase the (8) parent and child notification in in- Service Act is amended by inserting after number of pediatric clinical pharmacologists stances in which the regulations have not section 487E (42 U.S.C. 288–5) the following: and clinical investigators. This action will been complied with; ‘‘SEC. 487F. LOAN REPAYMENT PROGRAM RE- strengthen the quality of research and treat- (9) compliance with the regulations in ef- GARDING PEDIATRIC PHARMA- ment prescribed for children. fect on the date of enactment of this Act, the COLOGY. In closing, this bill helps reach a goal of monitoring of such compliance, and enforce- ‘‘(a) IN GENERAL.—The Secretary, acting optimal health therapy for our children. As ment actions for violations of such regula- through the Director of the National Insti- always, I appreciate the hard work and time tions; and tutes of Health, shall establish a program to that has been expended to bring this issue (10) the appropriateness of current prac- enter into contracts with qualified individ- forward for legislative action. Thank you. tices for recruiting children for participation uals who hold an M.D. under which such indi- Sincerely, in research. viduals agree to undergo training in, and SHEILA S. MULVEY. (c) CONSULTATION.—In conducting the re- practice, pediatric pharmacology, in consid- view under subsection (a), the Secretary of eration of the Federal Government agreeing May 1, 2000. Health and Human Services shall consult to repay, for each year of service as a pedi- TO WHOM IT MAY CONCERN: My name is broadly with experts in the field, including atric pharmacologist, not more than $35,000 David Krol and I am a pediatrician in New pediatric pharmacologists, pediatricians, of the principal and interest of the edu- Haven, Connecticut and a recent graduate of bioethics experts, clinical investigators, in- cational loans of such individuals. pediatric residency training. I am writing in stitutional review boards, industry experts, ‘‘(b) APPLICATION OF PROVISIONS.—The pro- support of the Children’s Research Protec- and children who have participated in revisions of sections 338B, 338C, and 338E shall, tion Act. As both a practicing pediatrican search studies and the parents or guardians except as inconsistent with subsection (a) of and a child health researcher I am very in- of such children. this section, apply to the program estab- terested in studies that can improve the (d) CONSIDERATION OF ADDITIONAL PROVI- lished under subsection (a) to the same ex- lives of children. These studies, however, SIONS.—In conducting the review under sub- tent and in the same manner as such provi- need to keep in mind the unique biology of section (a), the Secretary of Health and sions apply to the National Health Service children as well as the developmental needs Human Services shall consider and, not later Corps Loan Repayment Program established of those who would participate in these stud- than 6 months after the date of enactment of in subpart III of part D of title III. ies. Children are most definitely a unique this Act, report back to Congress con- ‘‘(c) FUNDING.— population and require protections in the re- cerning— ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— search environment that are adequate, ap- (1) whether the Secretary should establish For the purpose of carrying out this section, propriate, and different from adults. I am national data and safety monitoring boards there are authorized to be appropriated such pleased to see that the Children’s Research to review adverse events associated with re- sums as may be necessary for each fiscal and Protection Act addresses these issues. search involving children; and year. In addition, as a recent graduate from (2) whether the institutional review board ‘‘(2) AVAILABILITY.—Amounts appropriated medical school with a debt burden hovering oversight of clinical trials involving children for carrying out this section shall remain near $90,000, I am very aware of the difficult is adequate to protect the children. available until the expiration of the second decision that many medical school graduates SEC. 4. REQUIREMENT FOR ADDITIONAL PRO- fiscal year beginning after the fiscal year for face in choosing a specialty. It can be a very TECTIONS FOR CHILDREN IN- which the amounts were made available.’’. difficult decision to pursue further training VOLVED IN RESEARCH. SEC. 7. EFFECTIVE DATE. and postpone the reduction of the significant (a) IN GENERAL.—Notwithstanding any The provisions of sections 5 and 6 shall debt many of us face. Those who pursue pedi- other provision of law, not later than 6 take effect on the date that is 6 months after atric subspecialty training, including pedi- months after the date of enactment of this the date of enactment of this Act. atric pharmacologists, are no exception to

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this fact. I am very happy to see that the PHARMACEUTICAL RESEARCH AND Janssen Research Children’s Research Protection Act provides MANUFACTURERS OF AMERICA, Foundation, Chair, both funding for pediatric pharmacology po- Washington, DC, June 26, 2000. Pediatric Task Force, sitions and loan repayment for those who Hon. MIKE DEWINE, PhRMA. would choose to further their education in U.S. Senate, ALAN GOLDHAMMER, Ph.D., such an important and rewarding specialty. I Washington, DC. Associate Vice Presi- hope we can extend this opportunity to all Hon. CHRISTOPHER J. DODD, dent, US Regulatory who pursue pediatric subspecialty training. U.S. Senate, Affairs PhRMA. Pediatric research requires not only experts Washington, DC. DEAR SENATORS DEWINE AND DODD: The AMERICAN SOCIETY FOR CLINICAL in pediatric pharmacology but also in the Pharmaceutical Research and Manufacturers PHARMACOLOGY AND THERAPEUTICS, specific diseases that need to be researched. of America (PhRMA) is pleased to offer its Alexandria, VA, May 16, 2000. It is with great pleasure that I write this support for The Children’s Research Protec- Hon. CHRISTOPHER DODD, letter in support of the Children’s Research tion Act. This piece of legislation addresses U.S. Senate, Protection Act. I ask for your support con- several key gaps towards the successful im- Washington, DC. cerning this important issue in child health. plementation of Section 111 of the Food and DEAR SENATOR DODD: The American Soci- Sincerely, Drug Modernization Act of 1997 (FDAMA). ety for Clinical Pharmacology and Thera- DAVID M. KROL, MD. This particular section of FDAMA has had peutics is pleased to express support of the an enormous impact on the investigation of Children’s Research Protection Act. Our so- important medicines in children. There has ciety is the largest academic society of clin- AMERICAN ACADEMY OF PEDIATRICS, been a remarkable increase in the number of ical pharmacologists in the United States May 1, 2000. medicines being studied by pharmaceutical and consists of member scientists, clinicians Hon. CHRISTOPHER DODD, companies. The pharmaceutical industry has and researchers from the academic, regu- U.S. Senate, proposed pediatric studies on 177 medicines latory and industry sectors including physi- Washington, DC. and the FDA has issued 145 written requests cians, PhDs and PharmDs. We endorse the Hon. MIKE DEWINE, for studies as of May 1, 2000. In the short great need for this legislation as a means of U.S. Senate, time since its inception, the legislation has improving the care of children by improving Washington, DC. fundamentally changed our approach to the medications available to them and by in- DEAR SENATORS DODD AND DEWINE: The study of medicines in children and holds creasing the effective use of medicines that American Academy of Pediatrics, rep- enormous promise for improved treatment of are already on the market for children. In resenting 55,000 pediatricians throughout the sick children. addition, we believe that the provisions of United States, is pleased to support the Chil- Several issues have become apparent as we this legislation will ultimately lead to a reduced incidence of side effects and the rate dren’s Research Protection Act. This legisla- have embarked on this new era of clinical investigation. There is clearly a shortage of of medication errors in children. tion provides appropriate and needed re- There are only two pediatric clinical phar- experienced pediatric clinical pharma- quirements for the inclusion of children in macology training programs in this country, cologists, and those active in the field are any research conducted, supported, or regu- and it is estimated that the number of prac- generally quite senior. There is thus a need lated by the U.S. Department of Health and ticing pediatric clinical pharmacologists for training the next generation of investiga- Human Services. may be as few as 20. Consequently, it is little tors. If children are to receive the benefits of wonder that 80% of the drugs already on the Protection of children in all research set- the new medicines now under development, market have yet to be approved for use in tings is an imperative. Under your strong and of the exciting therapies of the future, leadership, important advances are being children. We must expand the cadre of well- we will need highly qualified pediatric inves- trained pediatric clinical pharmacologists made in therapeutic research for children tigators, knowledgeable in the safe, ethical, who can focus their scientific and clinical through the Food and Drug Administration and efficient study of medicines in children. skills on assuring that children have access Modernization Act (FDAMA). As a result of The NICHD Pediatric Pharmacology Re- to the same therapies readily available to FDAMA, the increase in the number of new search Unit network has been instrumental adult patients. Further, special studies are clinical trials involving pediatric patients is in doing excellent studies in this area, and is required regarding the proper dosage and unprecedented. The Children’s Research Pro- an exemplary training ground for young pe- safe use of medications in children. The tection Act balances the need to continue diatric investigators. It is vital that pedi- ASCPT applauds your recognition of these and encourage more and better clinical trials atric clinical investigation be performed by needs, and we believe that your bill includes involving children while at the same time our best physician/scientists, in centers fully the means to these ends: a program to in- ensuring that children are protected by re- equipped to ensure a positive environment crease the number of funded pediatric clin- quiring that all research be in compliance for children who participate in studies, and ical pharmacology fellowships and a loan re- with subpart D of part 45 of title 46, Code of to ensure that all studies are done with the payment program to attract physicians to Federal Regulations. very highest standards of clinical investiga- careers in clinical pharmacology will im- tion and clinical care. prove the health of children through the safe This legislation also recognizes the impor- It is also crucial, as the number of patients use of available medications. tance of increasing the number of pediatric studied is expanding, to re-emphasize the Thank you for your leadership on chil- clinical researchers through the grant and ethical standards for conducting studies in dren’s health care, and please add the Amer- loan repayment provisions. We strongly be- children. The FDA has held meetings of its ican Society for Clinical Pharmacology and lieve that this kind of greater support is Pediatric Pharmacology Subcommittee, and Therapeutics to the list of organizations en- needed for all pediatric research scientists. one issue of concern was that the DHHS dorsing the Children’s Research Protection Still, we recognize that this legislation spe- Guidelines in investigation of vulnerable Act. cifically addresses FDAMA’s significant in- subjects, 45 CRF 46, Subpart D does not cover Yours sincerely, crease on the need for additional pediatric all of the studies or investigative centers RAYMOND L. WOOSLEY, M.D., clinical pharmacologists to conduct pedi- where studies of medicines under FDAMA President. atric drug studies. The grant program and might be done. It is clear that it is in the in- loan repayment provisions of this bill are terest of children, and of the clinical inves- NATIONAL ASSOCIATION OF important incentives to securing greater tigative process, that the provision be re- CHILDREN’S HOSPITALS, numbers of well-trained experts of pediatric viewed and that all studies of medicines in Alexandria, VA, May 9, 2000. clinical pharmacology, and can hopefully be children be covered under this provision. Hon. CHRISTOPHER DODD, used as models for promoting a broader scope To assure career paths for the new trainees U.S. Senate, of pediatric research. in pediatric clinical pharmacology, renewal Washington, DC. of Section 111 of FDAMA is particularly im- Hon. MIKE DEWINE, Throughout the years, you have been a portant since it assures continued pediatric U.S. Senate, Washington, DC. strong and successful advocate for children clinical investigation of new medicines. DEAR SENATORS DODD AND DEWINE. On be- and their needs and the American Academy These two legislative initiatives will have a half of the National Association of Children’s of Pediatrics is grateful to you. The Chil- major impact on the future of the health of Hospitals (N.A.C.H.), an organization rep- dren’s Research Protection Act will be an ad- our children. resenting more than 100 freestanding chil- vance for children. We offer our assistance as Sincerely, dren’s hospitals and pediatric departments of this bill moves through the Congress. STEPHEN P. SPIELBERG, major medical centers, I am writing to sup- Sincerely, MD, Ph.D., port the ‘‘Children’s Research Protection DONALD E. COOK, MD, FAAP, Vice President, Pediatric Act.’’ This legislation represents an impor- President. Drug Development, tant step in assuring that children enrolled

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 12880 CONGRESSIONAL RECORD—SENATE June 28, 2000 in federally supported and/or regulated re- have seen a rapid increase in the num- cologists and clinical investigators are search receive important protections for ber of children being enrolled in clin- trained and retained to meet the in- their safety and well-being when partici- ical trials. More than 18,000 children creased demand for expertise created pating as research subjects. Children’s hospitals are major centers for will be needed just for the 300 studies by the Better Pharmaceuticals law. pediatric clinical research—research sup- that have been proposed so far. Re- There are fewer than 200 academic- ported by the federal government, as well as search has been completed and exclu- based clinical pharmacologists in the private industry. The biomedical research ef- sivity granted on 22 drugs that were United States, of whom 20 percent are forts undertaken by children’s hospitals rec- previously used for children without pediatricians. Moreover, the bill would ognize that ‘‘children are not little adults’’ safety information, and more than 300 authorize the Secretary of HHS to and that their unique needs must be taken pediatric studies of 127 products are enter into loan repayment contracts into account when developing and moni- currently underway. Of those 22 drugs with doctors who agree to train and toring research protocols to address pediatric diseases and conditions. With the rel- for which studies have been completed, practice in pediatric pharmacology. atively recent adoption of the Food and Drug eight drugs have already been re-la- Mr. President, it is very important Administration Modernization Act beled to reflect, the new pediatric safe- that we pass our legislation this year. (FDAMA), the number of children enrolled in ty information. While we have successfully encouraged pediatric clinical trials is rising. Therefore, In contrast, in the five years prior to better drug testing for children it is especially important that a consistent enactment of our Better Pharma- through the incentives in the ‘‘Better set of additional protections for children par- ceuticals Act, only 11 studies to gather Pharmaceuticals for Children Act,’’ we ticipating in research, such as those included additional pediatric safety information must take the next step and ensure within subpart D of part 45 of title 46, Code about drugs already on the market that strong federal protections are in of Federal Regulations (i.e. the ‘‘common rule’’), be reviewed and extended to all feder- were conducted—that’s 11 studies in place to protect the children who par- ally conducted, supported, or regulated clin- five years versus over 125 in just two ticipate in such research. ical research. years since this legislation was en- The children who are participating in The ‘‘Children’s Research Protection Act’’ acted. The increase in pediatric studies clinical trials are medical pioneers. also establishes a grant program and loan re- is good news for children and parents They will help to ensure that drugs payment provision to help address the ex- and is certainly a welcome improve- used for children will be proven to be pected shortage of pediatric clinical pharma- ment at a time when only one in five safe and appropriate for use in chil- cologists and clinical investigators trained drugs currently on the market in the dren. At the very least, we should to develop therapies for children. This is especially important given the increased de- United States has been approved for make certain that strong federal safe- mand for expertise in this area created by use by children. guards exist to ensure their safety as the pediatric studies provisions of FDAMA. While we want to encourage better they participate in these trials. In addition, we are hopeful that such a model drug testing for children, we also need of grant and loan repayment can eventually to ensure that strong federal protec- By Mr. KERRY (for himself and be replicated to provide added incentives to tions are in place to protect children Mr. DEWINE): increase the overall pediatric research work- who participate in such research. Trag- S. 2810. A bill to amend the Consumer force, such as is proposed in Sen. Bond’s ically, there are parts of the current Product Safety Act to confirm the Con- ‘‘Healthy Kids 2000 Act.’’ law that do not protect children who sumer Product Safety Commission’s ju- N.A.C.H. applauds your efforts for intro- risdiction over child safety devices for ducing this important piece of legislation. participate in HHS federally-regulated Please feel free to contact me if I can be of research, unless it is also federally handguns, and for other purposes; to further assistance as this bill moves through funded research. These federal protec- the Committee on Commerce, Science, Congress. tions for children also have not been and Transportation. Sincerely, updated since 1981, and have not been THE CHILD HANDGUN INJURY PREVENTION ACT LAWRENCE A. MCANDREWS. adopted by all of the federal agents Mr. DEWINE. Mr. President, I rise Mr. DEWINE. Mr. President, I rise that conduct research involving chil- today as an original cosponsor of the today to join my friend and colleague dren. Child Handgun Injury Prevention Act from Connecticut, Senator DODD, in in- That’s why the Children’s Research being introduced by my friend and col- troducing the Children’s Research Pro- Protection Act we are introducing league from Massachusetts, Senator tection Act. This bill is a logical and would require the Secretary of Health KERRY. I support this bill because I be- necessary follow-up to the Better Phar- and Human Services (HHS) to review lieve it will save lives. maceuticals for Children Act, which the current regulations governing the Recently, we have all witnessed a dis- Senator DODD and I got passed and en- protection of children participating in turbing trend. Day after day after day, acted into law in 1997 as part of the research and update them to ensure we see shocking news reports about FDA Modernization Act. This law cre- that the strongest federal protections children dying because they got their ated incentives for drug manufacturers exist for such children. hands on a loaded, unlocked firearm. In for use by children. Since the law has Now, only HHS federally funded and 1999 alone, this was an almost daily oc- been in place, more children than ever federally regulated research has to currence. Last year, more than 300 before are participating in clinical comply with certain protections for children died in gun accidents. Most of trials for drug testing. children. these accidents occurred in a child’s Mr. President, it is imperative that Our bill also would extend research own home, or in the home of a close we test drugs for children—on children. protections for children to all research friend or relative—the very places There are several reasons that such regulated by the Secretary of HHS, where these children should feel the testing is necessary. Children have dif- even if it is not federally funded. safest. ferent physical make-ups from adults, Furthermore, our bill would require Mr. President, the mixture of chil- which means they metabolize drugs dif- that all other federal agencies that dren and loaded firearms is deadly. An ferently. They likely need different conduct, support, or regulate research estimated 3.3 million children in the doses and different amounts of time be- involving children must adopt regula- United States live in homes with fire- tween doses for medications to be safe tions to provide greater protections for arms—firearms that are always or and effective. Also, because the same those children. sometimes loaded and unlocked. I be- disease can manifest itself very dif- Finally, our bill would address the lieve that the majority of parents with ferently in children and adults, we need shortage of pediatric clinical pharma- firearms believe they are being respon- to thoroughly test the drugs that we cologists whose specialized expertise is sible about gun storage and other safe- are using for children to treat the same essential in performing pediatric stud- ty measures dealing with firearms. illness. ies, because the bill would authorize But, the sad fact is that some parents As I noted already, since our Better grants to ensure that an adequate num- simply have a fundamental misunder- Pharmaceuticals Act was enacted, we ber of pediatric clinical pharma- standing of a child’s ability to access

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12881 and fire a gun, to distinguish between deactivate or remove and that the safe- tions, and Indian tribes (as defined in section real and toy guns, to make good judg- ty locks prevent the discharge of the 4 of the Indian Self-Determination and Edu- ments about handling a gun, and to handgun unless the lock has been de- cation Assistance Act (25 U.S.C. 450b)) in a consistently follow rules about gun activated or removed. State to provide the Federal share of the cost of developing specific essential commu- safety. These are children, after all, Mr. President, I would also like to nity facilities in any geographic area— and we can’t expect them to under- note what this bill does not do. First of ‘‘(i) that is represented by— stand completely what is involved with all, it does not give CPSC any say in ‘‘(I) any political subdivision of a State; handling a gun safely. standards of firearms or ammunition. ‘‘(II) an Indian tribe on a Federal or State Here’s a startling fact: Nearly two- In other words, it is not intended to reservation; or thirds of parents with school-age chil- regulate firearms, themselves, in any ‘‘(III) other federally recognized Indian dren who keep a gun in the home be- way whatsoever. Second, it would not tribal group; lieve that the firearm is safe from their mandate which type of gun lock device ‘‘(ii) that is located in a rural area (as defined in section 381A); children. However, another study found consumers use. ‘‘(iii) with respect to which, during the that when a gun was in the home, 75 to As I said earlier, there are many dif- most recent 5-year period, the net out-migra- 80 percent of first and second graders ferent types of gun locks currently tion of inhabitants, or other population loss, knew where the gun was kept. available. Some of these allow for easy from the area equals or exceeds 5 percent of Many gun owners, state and local access and use of firearms for adults the population of the area; and governments, as well as this Senate, should they decide that is important to ‘‘(iv) that has a median household income have started to recognize the combus- them. Other devices are more cum- that is less than the nonmetropolitan me- tible relationship between children and bersome and do not provide quick and dian household income of the United States. loaded, accessible firearms. This rec- easy access. Gun owners would be free ‘‘(B) FEDERAL SHARE.—Paragraph (19)(B) shall apply to a grant made under this para- ognition has led many gun owners to to decide what device is best for them. graph. purchase gun safety locks to ensure the This legislation would have no effect ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— safe storage of their handguns. In some on that issue. Finally, this legislation There are authorized to be appropriated to states, gun locks are required at the does not require the use of gun safety carry out this paragraph $50,000,000 for fiscal time handguns are purchased. Seven- locks. While the Senate has already year 2001 and such sums as are necessary for teen states have Child Firearm Access passed legislation to do this, if that each subsequent fiscal year, of which not Prevention laws that permit prosecu- language is removed in conference, this more than 5 percent of the amount made tion of adults if their firearm is left un- legislation will not affect that. available for a fiscal year shall be available for community planning and implementa- secured and a child uses that firearm As I have stated already, Mr. Presi- tion.’’. to harm themselves or others. And, dent, I believe that this legislation will (b) CONFORMING AMENDMENT.—Section also, the Senate passed an amendment save lives. But, more than that, this 381E(d)(1)(B) of the Consolidated Farm and to the juvenile justice bill last year legislation will empower parents—par- Rural Development Act (7 U.S.C. that would require the use of gun safe- ents who decide that they want to have 2009d(d)(1)(B)) is amended by striking ‘‘sec- ty locks. a gun safety lock but are awash in a tion 306(a)(19)’’ and inserting ‘‘paragraph (19) Despite the fact that gun owners are sea of different devices—to purchase or (20) of section 306(a)’’. buying more firearm safety devices and only gun safety locks that provide ade- f governments are rushing to mandate quate protection for their children. I ADDITIONAL COSPONSORS their use, surprisingly there are no urge my colleagues to join Senator S. 345 minimum safety standards for these KERRY and me in support of this bill. At the request of Mr. ALLARD, the devices. Currently, there are many dif- name of the Senator from Montana ferent types of trigger locks, safety By Mr. DASCHLE (for himself (Mr. BAUCUS) was added as a cosponsor locks, lock boxes, and other devices and Mr. CONRAD): of S. 345, a bill to amend the Animal available. And, there is a wide range in S. 2811. A bill to amend the Consoli- Welfare Act to remove the limitation the quality and effectiveness of these dated Farm and Rural Development that permits interstate movement of devices. Some are inadequate to pre- Act to make communities with high live birds, for the purpose of fighting, vent the accidental discharge of the levels of out-migration or population to States in which animal fighting is firearm or to prevent a child access to loss eligible for community facilities lawful. the firearm. grants; to the Committee on Agri- As governments move toward man- culture, Nutrition, and Forestry. S. 635 dated safety devices, it is crucial that AMENDING THE CONSOLIDATED FARM AND At the request of Mr. MACK, the name consumers know whether or not the de- RURAL DEVELOPMENT ACT of the Senator from California (Mrs. vices they are buying will actually Mr. DASCHLE. Mr. President, I ask BOXER) was added as a cosponsor of S. keep children from harming them- unanimous consent that the text of the 635, a bill to amend the Internal Rev- selves. If states are going to prosecute bill be printed in the RECORD. enue Code of 1986 to more accurately adults when a child uses a firearm, There being no objection, the bill was codify the depreciable life of printed these gun owners should—at the very ordered to be printed in the RECORD, as wiring board and printed wiring assem- least—have some peace of mind that follows: bly equipment. their gun storage or safety lock device S. 2811 S. 1197 is adequate. Be it enacted by the Senate and House of Rep- At the request of Mr. ROTH, the The legislation I am introducing resentatives of the United States of America in names of the Senator from Colorado today with Senator KERRY would help Congress assembled, (Mr. ALLARD) and the Senator from Ne- responsible gun owners and parents SECTION 1. COMMUNITY FACILITIES GRANT PRO- vada (Mr. REID) were added as cospon- know that the safety devices they buy GRAM FOR RURAL COMMUNITIES sors of S. 1197, a bill to prohibit the im- WITH HIGH LEVELS OF OUT-MIGRA- are at least minimally adequate. This TION OR LOSS OF POPULATION. portation of products made with dog or legislation just makes sense. It re- (a) IN GENERAL.—Section 306(a) of the Con- cat fur, to prohibit the sale, manufac- quires the Consumer Product Safety solidated Farm and Rural Development Act ture, offer for sale, transportation, and Commission (CPSC) to formulate min- (7 U.S.C. 1926(a)) is amended by adding at the distribution of products made with dog imum safety standards for gun safety end the following: or cat fur in the United States, and for locks and to ensure that only adequate ‘‘(20) COMMUNITY FACILITIES GRANT PRO- other purposes. GRAM FOR RURAL COMMUNITIES WITH HIGH LEV- locks meeting those standards are S. 1858 ELS OF OUT-MIGRATION OR LOSS OF POPU- REAUX available for purchase by consumers. LATION.— At the request of Mr. B , the The standards to be used by the Com- ‘‘(A) GRANT AUTHORITY.—The Secretary name of the Senator from Maryland mission require that gun safety locks may make grants to associations, units of (Ms. MIKULSKI) was added as a cospon- are sufficiently difficult for children to general local government, nonprofit corpora- sor of S. 1858, a bill to revitalize the

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international competitiveness of the At the request of Mr. LIEBERMAN, his the Senator from Minnesota (Mr. United States-flag maritime industry name was added as a cosponsor of S. GRAMS), the Senator from Nevada (Mr. through tax relief. 2459, supra. BRYAN), the Senator from Ohio (Mr. S. 1874 At the request of Mr. DORGAN, his DEWINE), the Senator from Massachu- At the request of Mr. GRAHAM, the name was added as a cosponsor of S. setts (Mr. KENNEDY), the Senator from name of the Senator from Rhode Island 2459, supra. Oregon (Mr. SMITH), the Senator from (Mr. L. CHAFEE) was added as a cospon- At the request of Mr. DURBIN, his Maryland (Mr. SARBANES), the Senator sor of S. 1874, a bill to improve aca- name was added as a cosponsor of S. from Maine (Ms. COLLINS), the Senator demic and social outcomes for youth 2459, supra. from Connecticut (Mr. DODD), the Sen- and reduce both juvenile crime and the At the request of Mrs. LINCOLN, her ator from Arkansas (Mr. HUTCHINSON), risk that youth will become victims of name was added as a cosponsor of S. the Senator from Louisiana (Mr. crime by providing productive activi- 2459, supra. BREAUX), the Senator from Kansas (Mr. ties conducted by law enforcement per- S. 2557 BROWNBACK), the Senator from Ne- sonnel during non-school hours. At the request of Mr. LOTT, the name braska (Mr. KERREY), the Senator from S. 1997 of the Senator from Michigan (Mr. Iowa (Mr. HARKIN), the Senator from At the request of Mr. BINGAMAN, the ABRAHAM) was added as a cosponsor of Nevada (Mr. REID), the Senator from name of the Senator from Utah (Mr. S. 2557, a bill to protect the energy se- Georgia (Mr. CLELAND), the Senator HATCH) was added as a cosponsor of S. curity of the United States and de- from Virginia (Mr. ROBB), the Senator 1997, a bill to simplify Federal oil and crease America’s dependency on for- from Florida (Mr. GRAHAM), the Sen- gas revenue distributions, and for other eign oil sources to 50 percent by the ator from North Carolina (Mr. ED- purposes. Year 2010 by enhancing the use of re- WARDS), the Senator from California S. 2274 newable energy resources, conserving (Mrs. FEINSTEIN), and the Senator from At the request of Mr. GRASSLEY, the energy resources, improving energy ef- Oregon (Mr. WYDEN) were added as co- name of the Senator from Arkansas ficiencies, and increasing domestic en- sponsors of S. 2700, a bill to amend the (Mr. HUTCHINSON) was added as a co- ergy supplies, mitigating the effect of Comprehensive Environmental Re- sponsor of S. 2274, a bill to amend title increases in energy prices on the Amer- sponse, Compensation, and Liability XIX of the Social Security Act to pro- ican consumer, including the poor and Act of 1980 to promote the cleanup and vide families and disabled children the elderly, and for other purposes. reuse of brownfields, to provide finan- with the opportunity to purchase cov- S. 2608 cial assistance for brownfields revital- erage under the medicaid program for At the request of Mr. GRASSLEY, the ization, to enhance State response pro- such children. name of the Senator from Vermont grams, and for other purposes. S. 2330 (Mr. JEFFORDS) was added as a cospon- S. 2718 At the request of Mr. ROTH, the name sor of S. 2608, a bill to amend the Inter- At the request of Mr. SMITH of New of the Senator from Maine (Ms. SNOWE) nal Revenue Code of 1986 to provide for Hampshire, the name of the Senator was added as a cosponsor of S. 2330, a the treatment of certain expenses of from North Carolina (Mr. HELMS) was bill to amend the Internal Revenue rural letter carriers. added as a cosponsor of S. 2718, a bill to Code of 1986 to repeal the excise tax on S. 2641 amend the Internal Revenue Code of telephone and other communication At the request of Mr. CLELAND, the 1986 to provide incentives to introduce services. names of the Senator from Hawaii (Mr. new technologies to reduce energy con- S. 2413 INOUYE), the Senator from New Mexico sumption in buildings. At the request of Mr. CAMPBELL, the (Mr. BINGAMAN) and the Senator from S. 2739 name of the Senator from Michigan Arkansas (Mrs. LINCOLN) were added as At the request of Mr. LAUTENBERG, (Mr. ABRAHAM) was added as a cospon- cosponsors of S. 2641, a bill to authorize the names of the Senator from Lou- sor of S. 2413, a bill to amend the Omni- the President to present a gold medal isiana (Ms. LANDRIEU), the Senator bus Crime Control and Safe Streets Act on behalf of Congress to former Presi- from Michigan (Mr. ABRAHAM), the of 1968 to clarify the procedures and dent Jimmy Carter and his wife Senator from North Carolina (Mr. ED- conditions for the award of matching Rosalynn Carter in recognition of their WARDS), the Senator from North Da- grants for the purchase of armor vests. service to the Nation. kota (Mr. CONRAD), and the Senator S. 2417 S. 2644 from Nebraska (Mr. KERREY) were At the request of Mr. CRAPO, the At the request of Mr. GORTON, the added as cosponsors of S. 2739, a bill to name of the Senator from Georgia (Mr. name of the Senator from California amend title 39, United States Code, to CLELAND) was added as a cosponsor of (Mrs. BOXER) was added as a cosponsor provide for the issuance of a semipostal S. 2417, a bill to amend the Federal of S. 2644, a bill to amend title XVIII of stamp in order to afford the public a Water Pollution Control Act to in- the Social Security Act to expand convenient way to contribute to fund- crease funding for State nonpoint medicare coverage of certain self-in- ing for the establishment of the World source pollution control programs, and jected biologicals. War II Memorial. for other purposes. S. 2700 S. 2775 S. 2459 At the request of Mr. L. CHAFEE, the At the request of Mr. DORGAN, the At the request of Mr. DODD, his name names of the Senator from Vermont name of the Senator from Nebraska was added as a cosponsor of S . 2459, a (Mr. JEFFORDS), the Senator from New (Mr. KERREY) was added as a cosponsor bill to provide for the award of a gold York (Mr. SCHUMER), the Senator from of S. 2775, to foster innovation and medal on behalf of the Congress to Maine (Ms. SNOWE), the Senator from technological advancement in the de- former President Ronald Reagan and New York (Mr. MOYNIHAN), the Senator velopment of the Internet and elec- his wife Nancy Reagan in recognition from Iowa (Mr. GRASSLEY), the Senator tronic commerce, and to assist the of their service to the Nation. from Maryland (Ms. MIKULSKI), the States in simplifying their sales and At the request of Mr. GRAHAM, his Senator from Washington (Mr. GOR- use taxes. name was added as a cosponsor of S. TON), the Senator from Connecticut S. 2779 2459, supra. (Mr. LIEBERMAN), the Senator from Vir- At the request of Mr. SANTORUM, the At the request of Mr. CONRAD, his ginia (Mr. WARNER), the Senator from name of the Senator from Ohio (Mr. name was added as a cosponsor of S. Vermont (Mr. LEAHY), the Senator DEWINE) was added as a cosponsor of S. 2459, supra. from North Carolina (Mr. HELMS), the 2779, a bill to provide for the designa- At the request of Mr. KERREY, his Senator from Hawaii (Mr. AKAKA), the tion of renewal communities and to name was added as a cosponsor of S. Senator from Florida (Mr. MACK), the provide tax incentives relating to such 2459, supra. Senator from Michigan (Mr. LEVIN), communities, to provide a tax credit to

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12883 taxpayers investing in entities seeking 4577, a bill making appropriations for Friday, June 30, 2000, on a motion offered to provide capital to create new mar- the Departments of Labor, Health and pursuant to this concurrent resolution by its kets in low-income communities, and Human Services, and Education, and Majority Leader or his designee, it stand ad- to provide for the establishment of In- related agencies for the fiscal year end- journed until 12:30 p.m. on Monday, July 10, 2000, for morning-hour debate, or until noon dividual Development Accounts (IDAs), ing September 30, 2001, and for other on the second day after Members are notified and for other purposes. purposes. to reassemble pursuant to section 2 of this S. 2787 AMENDMENT NO. 3644 concurrent resolution, whichever occurs At the request of Mr. BIDEN, the At the request of Mr. WELLSTONE, the first. name of the Senator from California name of the Senator from Ohio (Mr. SEC. 2. The Majority Leader of the Senate and the Speaker of the House, acting jointly (Mrs. BOXER) was added as a cosponsor DEWINE) was added as a cosponsor of of S. 2787, a bill to reauthorize the Fed- after consultation with the Minority Leader amendment No. 3644 proposed to H.R. of the Senate and the Minority Leader of the eral programs to prevent violence 4577, a bill making appropriations for House, shall notify the Members of the Sen- against women, and for other purposes. the Departments of Labor, Health and ate and House, respectively, to reassemble S. 2793 Human Services, and Education, and whenever, in their opinion, the public inter- At the request of Mr. HOLLINGS, the related agencies for the fiscal year end- est shall warrant it. names of the Senator from Alaska (Mr. ing September 30, 2001, and for other f STEVENS) and the Senator from Mon- purposes. SENATE RESOLUTION 329—URGING tana (Mr. BURNS) were added as cospon- AMENDMENT NO. 3655 THE GOVERNMENT OF ARGEN- sors of S. 2793, a bill to amend the Com- At the request of Mr. JEFFORDS, the TINA TO PURSUE AND PUNISH munications Act of 1934 to strengthen names of the Senator from Georgia THOSE RESPONSIBLE FOR THE the limitation on holding and transfer (Mr. COVERDELL) and the Senator from 1994 ATTACK ON THE AMIA JEW- of broadcast licenses to foreign per- Rhode Island (Mr. L. CHAFEE) were ISH COMMUNITY CENTER IN sons, and to apply a similar limitation added as cosponsors of amendment No. BUENOS AIRES, ARGENTIA to holding and transfer of other tele- 3655 proposed to H.R. 4577, a bill mak- communications media by or to foreign ing appropriations for the Departments Mr. L. CHAFEE (for himself and Mr. governments. of Labor, Health and Human Services, HELMS) submitted the following resolu- S. RES. 268 and Education, and related agencies for tion; which was referred to the Com- At the request of Mr. EDWARDS, the the fiscal year ending September 30, mittee on Foreign Relations: names of the Senator from Pennsyl- 2001, and for other purposes. S. RES. 329 vania (Mr. SPECTER) and the Senator At the request of Mr. CAMPBELL, his Whereas on July 18, 1994, 86 innocent per- from Oklahoma (Mr. NICKLES) were name was added as a cosponsor of sons were killed and 300 were wounded when added as cosponsors of S. Res. 268, a amendment No. 3655 proposed to H.R. the AMIA Jewish Community Center was resolution designating July 17 through 4577, supra. bombed in Buenos Aires, Argentina; Whereas the United States welcomes Ar- July 23 as ‘‘National Fragile X Aware- AMENDMENT NO. 3658 gentine President Fernando de la Rua’s po- ness Week.’’ At the request of Mr. DASCHLE, the litical will to pursue the investigation of the S. RES. 294 names of the Senator from North Da- bombing of the AMIA Jewish Community At the request of Mr. ABRAHAM, the kota (Mr. DORGAN), and the Senator Center to its ultimate conclusion; names of the Senator from Alaska (Mr. from Washington (Mr. GORTON) were Whereas circumstantial evidence at- MURKOWSKI), the Senator from Wash- added as cosponsors of amendment No. tributes the attack to the terrorist group Hezbollah, based in Lebanon and sponsored ington (Mr. GORTON), and the Senator 3658 proposed to H.R. 4577, a bill mak- by Iran; from Oklahoma (Mr. INHOFE) were ing appropriations for the Departments Whereas the investigation indicates that added as cosponsors of S. Res. 294, a of Labor, Health and Human Services, this bombing could not have been carried out resolution designating the month of and Education, and related agencies for without assistance from former elements of October 2000 as ‘‘Children’s Internet the fiscal year ending September 30, local security forces; Safety Month.’’ 2001, and for other purposes. Whereas additional evidence indicates that the tri-border area where Argentina, Para- S. RES. 304 f At the request of Mr. BIDEN, the guay, and Brazil meet was used to channel SENATE CONCURRENT RESOLU- names of the Senator from South Caro- resources for the purpose of carrying out the TION 125—PROVIDING FOR A CON- bombing attack; lina (Mr. THURMOND) and the Senator DITIONAL ADJOURNMENT OR RE- Whereas Argentine officials have acknowl- from Indiana (Mr. LUGAR) were added CESS OF THE SENATE AND A edged that there was negligence in the ini- as cosponsors of S. Res. 304, a resolu- CONDITIONAL ADJOURNMENT OF tial phases of the investigation and that the tion expressing the sense of the Senate institutional and political conditions must THE HOUSE OF REPRESENTA- regarding the development of edu- be created to advance the investigation of TIVES cational programs on veterans’ con- this terrorist attack; tributions to the country and the des- Mr. SPECTER (for Mr. LOTT) sub- Whereas on March 17, 1992, terrorists ignation of the week that includes Vet- mitted the following concurrent resolu- bombed the Embassy of Israel in Buenos tion; which was considered and agreed Aires, killing 29 persons and injuring more erans Day as ‘‘National Veterans than 200 others, and the Government of Ar- Awareness Week’’ for the presentation to. gentina has not yet brought anyone to jus- of such educational programs. S. CON. RES. 125 tice for that act of terrorism; AMENDMENT NO. 3602 Resolved by the Senate (the House of Rep- Whereas failure to duly punish the culprits At the request of Mr. BOND, the name resentatives concurring), That when the Sen- of these acts serves to reward these terror- of the Senator from Connecticut (Mr. ate recesses or adjourns at the close of busi- ists and help spread terrorism throughout ness on Thursday, June 29, 2000, Friday, June the Western Hemisphere; LIEBERMAN) was added as a cosponsor 30, 2000, or on Saturday, July 1, 2000, on a Whereas the democratic leaders of the of amendment No. 3602 proposed to motion offered pursuant to this concurrent Western Hemisphere issued mandates at the H.R. 4577, a bill making appropriations resolution by its Majority Leader or his des- 1994 and 1998 Summits of the Americas that for the Departments of Labor, Health ignee, it stand recessed or adjourned until condemned terrorism in all its forms and and Human Services, and Education, noon on Monday, July 10, 2000, or until such that committed governments to combat ter- and related agencies for the fiscal year time on that day as may be specified by its rorist acts anywhere in the Americas with ending September 30, 2001, and for Majority Leader or his designee in the mo- unity and vigor; and other purposes. tion to recess or adjourn, or until noon on Whereas it is the long-standing policy of the second day after Members are notified to the United States to stand firm against ter- AMENDMENT NO. 3641 reassemble pursuant to section 2 of this con- rorist attacks wherever and whenever they At the request of Ms. LANDRIEU, her current resolution, whichever occurs first; occur and to work with its allies to ensure name was added as a cosponsor of and that when the House adjourns on the leg- that justice is done: Now, therefore, be it amendment No. 3641 proposed to H.R. islative day of Thursday, June 29, 2000, or Resolved, That the Senate—

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 12884 CONGRESSIONAL RECORD—SENATE June 28, 2000 (1) reiterates its condemnation of the at- On page 13, line 20, strike ‘‘Provided’’ and and for preparing interim and final reports tack on the AMIA Jewish Community Center insert the following: ‘‘: Provided, That of the based on the results of the study, to be sub- in Buenos Aires, Argentina, in July 1994, and amount appropriated under this heading that mitted to Congress not later than February remembers the victims of this heinous act; is in excess of the amount appropriated for 1, 2001, and April 1, 2001, respectively, $10,000, (2) strongly urges the Government of Ar- such purposes for fiscal year 2000, at least which shall become available on October 1, gentina to fulfill its international obliga- $22,200,000 shall be used to carry out edu- 2000. tions and commitments and its promise to cation, training, and consultation activities On page 70, line 7, strike ‘‘$396,672,000’’ and the Argentine people by pursuing the local as described in subsections (c) and (d) of sec- insert ‘‘$396,662,000’’. and international connections to this act of tion 21 of the Occupational Safety and terrorism, wherever they may lead, and to Health Act of 1970 (29 U.S.C. 670(c) and (d)): AMENDMENT NO. 3664 duly punish all those who were involved; Provided further,’’. In lieu of the matter proposed to be in- (3) urges the Government of Argentina to serted, insert the following: ‘‘Higher Edu- pursue and prosecute any person with ties to KENNEDY (AND OTHERS) cation Act of 1965, $8,986,800,000, of which Hezbollah or any other terrorist organiza- AMENDMENT NO. 3661 $2,729,958,000 shall become available on July tion; 1, 2001, and shall remain available through (4) calls on the President to raise this issue Mr. KENNEDY (for himself, Mr. September 30, 2002, and of which $6,223,342,000 in bilateral discussions with Argentine offi- REED, Mr. BINGAMAN, Mr. WELLSTONE, shall become available on October 1, 2001 and cials and to underscore the United States Mr. DODD, Mrs. MURRAY, Mr. LEVIN, shall remain available through September concern regarding the 6-year delay in the Mr. SCHUMER, and Mr. DURBIN) pro- 30, 2002, for academic year 2000–2001: Provided, resolution of this case; That $7,113,403,000 shall be available for basic (5) recommends that the United States posed an amendment to the bill, H.R. 4577, supra; as follows: grants under section 1124 of the Elementary Permanent Representative to the Organiza- and Secondary Education Act of 1965: Pro- tion of American States should seek support At the end of title III, insert the following: vided further, That up to $3,500,000 of those from the countries comprising the Inter- SEC. . TEACHER QUALITY ENHANCEMENT. funds shall be available to the Secretary on American Committee Against Terrorism to In addition to any other funds appro- October 1, 2000, to obtain updated local edu- assist, if requested by the Government of Ar- priated under this Act to carry out title II of cational agency level census poverty data gentina, in the investigation of this terrorist the Higher Education Act of 1965, there are from the Bureau of the Census: Provided fur- attack; appropriated $202,000,000 to carry out such ther, That $1,222,397,000 shall be available for (6) encourages the President to direct title. concentration grants under section 1124A of United States law enforcement agencies to that Act: Provided further, That, in addition provide support and cooperation to the Gov- (Ordered to lie on the table.) to the amounts otherwise made available ernment of Argentina, if requested, for pur- under this heading, an amount of $1,000 poses of the investigation into this and other DOMENICI AMENDMENT NO. 3662 (which shall become available on October 1, terrorist activities in the tri-border area; Mr. DOMENICI submitted an amend- 2000) shall be transferred to the account and under this heading from the amount appro- (7) desires a lasting and positive relation- ment intended to be proposed by him to the bill, H.R. 4577, supra; as follows: priated under the heading ‘‘PROGRAM ADMIN- ship between the United States and Argen- ISTRATION’’ under the heading ‘‘DEPART- tina based on a mutual commitment to the On page 4, between lines 6 and 7, insert the MENTAL MANAGEMENT’’ in title III, for car- rule of law and democracy in the Western following: rying out a study by the Comptroller Gen- Hemisphere and mutual abhorrence of ter- Of the funds made available under this eral of the United States, evaluating the ex- rorism. heading for dislocated worker employment tent to which funds made available under SEC. 2. The Secretary of the Senate shall and training activities, $5,000,000 shall be part A of title I of the Elementary and Sec- transmit a copy of this resolution to the made available to the New Mexico Tele- ondary Education Act of 1965 are allocated to President and the United States Permanent communications Call Center Training Con- schools and local educational agencies with Representative to the Organization of Amer- sortium for such activities. the greatest concentrations of school-age ican States. children from low-income families, the ex- f LIEBERMAN (AND OTHERS) tent to which allocations of such funds ad- AMENDMENTS SUBMITTED AMENDMENTS NOS. 3663–3664 just to shifts in concentrations of pupils from low-income families in different re- (Ordered to lie on the table.) gions, States, and substate areas, the extent Mr. LIEBERMAN (for himself, Mr. to which the allocation of such funds encour- DEPARTMENT OF LABOR GORTON, Mr. BAYH, Mr. BRYAN, Ms. age the targeting of state funds to areas with APPROPRIATIONS ACT, 2001 LANDRIEU, Mrs. LINCOLN, Mr. KOHL, Mr. higher concentrations of children from low- ROBB, and Mr. BREAUX) submitted two income families, the implications of current amendments intended to be proposed distribution methods for such funds, and for- KERRY (AND OTHERS) mula and other policy recommendations to AMENDMENT NO. 3659 by them to the bill, H.R. 4577, supra; as improve the targeting of such funds to more follows: (Ordered to lie on the table.) effectively serve low-income children in both AMENDMENT NO. 3663 rural and urban areas, and for preparing in- Mr. KERRY (for himself, Mr. BINGA- terim and final reports based on the results MAN, and Ms. MIKULSKI) submitted an On page 57, between lines 19 and 20, insert the following: of the study, to be submitted to Congress not amendment intended to be proposed by later than February 1, 2001, and April 1, 2001, TITLE I TARGETING STUDY them to the bill (H.R. 4577) making ap- respectively: Provided further, That grant propriations for the Departments of For carrying out a study by the Comp- awards under sec-’’. Labor, Health and Human Services, troller General of the United States, evalu- and Education, and related agencies for ating the extent to which funds made available under part A of title I of the Elemen- FEINSTEIN AMENDMENT NO. 3665 the fiscal year ending September 30, tary and Secondary Education Act of 1965 are 2001, and for other purposes; as follows: (Ordered to lie on the table.) allocated to schools and local educational Mrs. FEINSTEIN submitted an At the end of title III, insert the following: agencies with the greatest concentrations of amendment intended to be proposed by SEC. . Notwithstanding any other provi- school-age children from low-income fami- sion of this Act, the total amount made lies, the extent to which allocations of such her to the bill, H.R. 4577, supra; as fol- available under this title to carry out the funds adjust to shifts in concentrations of lows: technology literacy challenge fund under pupils from low-income families in different On page 71, after line 25, add the following: section 3132 of the Elementary and Sec- regions, States, and substate areas, the ex- SEC. 305. (a) DEFINITIONS.—In this section: ondary Education Act of 1965 shall be tent to which the allocation of such funds (1) LOCAL EDUCATIONAL AGENCY.—The term $517,000,000. encourage the targeting of state funds to ‘‘local educational agency’’ has the meaning areas with higher concentrations of children given the term in section 14101 of the Ele- ENZI AMENDMENT NO. 3660 from low-income families, the implications mentary and Secondary Education Act of of current distribution methods for such 1965 (20 U.S.C. 8801). (Ordered to lie on the table.) funds, and formula and other policy rec- (2) MASTER TEACHER.—The term ‘‘master Mr. ENZI submitted an amendment ommendations to improve the targeting of teacher’’ means a teacher who— intended to be proposed by him to the such funds to more effectively serve low-in- (A) is licensed or credentialed under State bill, H.R. 4577, supra; as follows: come children in both rural and urban areas, law;

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12885 (B) has been teaching for at least 5 years in (iii) the impact of mentoring new teachers the administrative and related expenses of a public or private school or institution of by master teachers; and the Department of Health and Human Serv- higher education; (iv) the impact of master teachers on stu- ices shall be reduced by $2,500,000’’. (C) is selected upon application, is judged dent achievement; and to be an excellent teacher, and is rec- (B) recommendations regarding— SMITH OF NEW HAMPSHIRE (AND ommended by administrators and other (i) continuing or terminating the dem- OTHERS) AMENDMENT NO. 3670 teachers who are knowledgeable of the indi- onstration project; and vidual’s performance; (ii) establishing a grant program to expand (Ordered to lie on the table.) (D) at the time of submission of such appli- the project to additional local educational Mr. SMITH of New Hampshire (for cation, is teaching and based in a public agencies and school districts. himself, Ms. LANDRIEU, and Mr. DUR- school; (f) FUNDING.—Of the amount made avail- BIN) submitted an amendment intended (E) assists other teachers in improving in- able under this title under the heading relat- to be proposed by them to the bill, H.R. structional strategies, improves the skills of ing to school improvement programs for car- other teachers, performs mentoring, devel- rying out activities under title VI of the Ele- 4577, supra; as follows: ops curriculum, and offers other professional mentary and Secondary Education Act of At the appropriate place, add the fol- development; and 1965, $50,000,000 shall become available on Oc- lowing: ‘‘None of the funds appropriated (F) enters into a contract with the local tober 1, 2000, and shall remain available under this Act shall be expended by the Na- educational agency to continue to teach and through September 30, 2005, for making tional Institutes of Health on a contract for serve as a master teacher for at least 5 addi- grants under this section. the care of the 288 chimpanzees acquired by tional years. the National Institutes of Health from the (3) SECRETARY.—The term ‘‘Secretary’’ Coulston Foundation, unless the contractor HARKIN (AND OTHERS) is accredited by the Association for the As- means the Secretary of Education. AMENDMENT NO. 3666 (b) ESTABLISHMENT OF DEMONSTRATION sessment and Accreditation of Laboratory PROJECT.— (Ordered to lie on the table.) Animal Care International or has a Public (1) IN GENERAL.—Not later than July 1, Mr. HARKIN (for himself, Mr. ROBB, Health Services assurance, and has not been charged multiple times with egregious viola- 2001, the Secretary shall conduct a dem- Mr. BINGAMAN, Mr. KENNEDY, Mr. tions of the Animal Welfare Act.’’. onstration project under which the Sec- WELLSTONE, Mr. CONRAD, Mr. REED, Mr. retary shall award competitive grants to DODD, and Mr. DURBIN) submitted an local educational agencies to increase teach- WELLSTONE AMENDMENT NO. 3671 er salaries and employee benefits for teach- amendment intended to be proposed by ers who enter into contracts with the local them to the bill, H.R. 4577, supra; as (Ordered to lie on the table.) educational agencies to serve as master follows: Mr. WELLSTONE submitted an teachers. At the end of title III, insert the following: amendment intended to be proposed by (2) REQUIREMENTS.—In awarding grants SEC. ll. EDUCATION INFRASTRUCTURE. him to the bill, H.R. 4577, supra; as fol- under the demonstration project, the Sec- Notwithstanding any other provision of lows: retary shall— this Act— On page 71, after line 25, add the following: (A) ensure that grants are awarded under (1) from the amount appropriated under SEC. ll. (a) In addition to any amounts the demonstration project to a diversity of this title under the heading ‘‘SCHOOL IM- appropriated under this title for the Perkin’s local educational agencies in terms of size of PROVEMENT PROGRAMS’’ the Secretary of Edu- loan cancellation program under section 465 school district, location of school district, cation shall make available $1,300,000,000 to of the Higher Education Act of 1965 (20 U.S.C. ethnic and economic composition of stu- carry out the Education Infrastructure Act 1087ee), an additional $30,000,000 is appro- dents, and experience of teachers; and of 1994; priated to carry out such program. (B) give priority to local educational agen- (2) the total amount made available under (b) Notwithstanding any other provision of cies in school districts that have schools this title to carry out title VI of the Elemen- this Act, amounts made available under ti- with a high proportion of economically dis- tary and Secondary Education Act of 1965 tles I and II, and this title, for salaries and advantaged students. shall be $1,800,000,000; and expenses at the Departments of Labor, (c) APPLICATIONS.—In order to receive a (3) $1,400,000,000 of such $1,800,000,000— Health and Human Services, and Education, grant under the demonstration project, a (A) shall be available for purposes de- respectively, shall be reduced on a pro rata local educational agency shall submit an ap- scribed in the second proviso under such basis by $30,000,000. plication to the Secretary that contains— heading; and (1) an assurance that funds received under (B) may be used for purposes described in DODD (AND OTHERS) AMENDMENT the grant will be used in accordance with the third proviso under such heading. this section; and NO. 3672 (2) a detailed description of how the local Mr. DODD (for himself, Mr. KENNEDY, educational agency will use the grant funds GRAMM AMENDMENT NO. 3667 and Mr. WELLSTONE) proposed an to pay the salaries and employee benefits for (Ordered to lie on the table.) amendment to the bill, H.R. 4577, positions designated by the local educational Mr. GRAMM submitted an amend- agency as master teacher positions. supra; as follows: ment intended to be proposed by him (d) MATCHING REQUIREMENT.—The Sec- At the end of title III, insert the following: to the bill, H.R. 4577, supra; as follows: retary may not award a grant to a local edu- SEC. . 21ST CENTURY COMMUNITY LEARNING cational agency under the demonstration On page 91, strike section 515. CENTERS. project unless the local educational agency Notwithstanding any other provision of agrees that, with respect to costs to be in- LANDRIEU AMENDMENT NO. 3668 this Act, the total amount appropriated curred by the agency in carrying out activi- under this Act to carry out part I of title X ties for which the grant was awarded, the (Ordered to lie on the table.) of the Elementary and Secondary Education agency shall provide (directly, through the Ms. LANDRIEU submitted an amend- Act of 1965 shall be $1,000,000,000. State, or through a combination thereof) in ment intended to be proposed by her to non-Federal contributions an amount equal the bill, H.R. 4577, supra; as follows: WELLSTONE (AND OTHERS) to the amount of the grant awarded to the On page 41, lines 11 and 12, strike agency. AMENDMENT NO. 3673 ‘‘$7,881,586,000, of which $41,791,000’’ and in- (e) STUDY AND REPORT.— sert ‘‘$7,895,723,000, of which $55,928,000’’. (Ordered to lie on the table.) (1) IN GENERAL.—Not later than July 1, Mr. WELLSTONE (for himself, Mr. 2005, the Secretary shall conduct a study and LEAHY AMENDMENT NO. 3669 REID, and Mr. KENNEDY) submitted an transmit a report to Congress analyzing the amendment intended to be proposed by results of the demonstration project con- (Ordered to lie on the table.) them to the bill, H.R. 4577, supra; as ducted under this section. Mr. LEAHY submitted an amend- (2) CONTENTS OF REPORT.—The report shall follows: include— ment intended to be proposed by him On page 34, line 17, insert before the period (A) an analysis of the results of the project to the bill, H.R. 4577, supra; as follows: the following: ‘‘: Provided further, That in ad- on— On page 45, line 4, insert before the period dition to amounts provided herein, $3,000,000 (i) the recruitment and retention of experi- the following: ‘‘: Provided, That an additional shall be available for the Center for Mental enced teachers; $2,500,000 shall be made available for the Of- Health Services: Provided further, That (ii) the effect of master teachers on teach- fice for Civil Rights: Provided further, That amounts made available under this title for ing by less experienced teachers; amounts made available under this title for the administrative and related expenses of

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 12886 CONGRESSIONAL RECORD—SENATE June 28, 2000

the Department of Health and Human Serv- (b) OFFSET.—Amounts made available be available for the Center for Mental Health ices shall be reduced on a pro rata basis by under this Act for the administrative and re- Services to support through grants a certifi- $3,000,000’’. lated expenses for departmental manage- cation program to improve and evaluate the ment for the Department of Labor, the De- effectiveness and responsiveness of suicide WELLSTONE AMENDMENT NO. 3674 partment of Health and Human Services, and hotlines and crisis centers in the United the Department of Education shall be re- States and to help support and evaluate’’. a (Ordered to lie on the table.) duced on a pro rata basis by $20,000,000. national hotline and crisis center network. Mr. WELLSTONE submitted an amendment intended to be proposed by AMENDMENT NO. 3677 TORRICELLI AMENDMENTS NOS. him to the bill, H.R. 4577, supra; as fol- On page 92, between lines 4 and 5, insert 3681–3682 lows: the following: (Ordered to lie on the table.) On page 92, between lines 4 and 5, insert SEC. ll. AMENDMENT TO THE PUBLIC HEALTH Mr. TORRICELLI submitted two the following: SERVICE ACT. SEC. ll. (a) LIMITATION ON USE OF FUNDS Section 2111(c)(1)(D) of the Public Health amendments intended to be proposed to FOR CERTAIN AGREEMENTS.—Except as pro- Service Act (42 U.S.C. 300aa–11(c)(1)(D)) is him to the bill, H.R. 4577, supra; as fol- vided in subsection (b), none of the funds amended by striking ‘‘and’’ at the end and lows: made available under this Act may be used inserting ‘‘or (iii) suffered such illness, dis- AMENDMENT NO. 3681 by the Secretary of Health and Human Serv- ability, injury or condition from the vaccine On page 27, line 24, strike the period and ices to enter into— which resulted in inpatient hospitalization insert the following: ‘‘: Provided further, That (1) an agreement on the conveyance or li- and surgical intervention to correct such ill- the funds made available under this heading censing of a patent for a drug, or on another ness, disability, injury or condition, and’’. for section 317A of the Public Health Service exclusive right to a drug; Act may be made available for programs op- (2) an agreement on the use of information KENNEDY (AND OTHERS) erated in accordance with a strategy (devel- derived from animal tests or human clinical AMENDMENT NO. 3678 oped and implemented by the Director for trials that are conducted by the Department the Centers for Disease Control and Preven- of Health and Human Services with respect Mr. KENNEDY (for himself, Mr. tion) to identify and target resources for to a drug, including an agreement under WELLSTONE, Mr. ROBB, Mr. BINGAMAN, childhood lead poisoning prevention to high- which such information is provided by the Mr. ROCKEFELLER, Mr. REED, Mr. DODD, risk populations, including ensuring that Department to another Federal agency on an Mr. AKAKA, Mr. DURBIN, Mr. KERRY, any individual or entity that receives a exclusive basis; or and Mr. BAYH) proposed an amendment grant under that section to carry out activi- (3) a cooperative research and development to the bill, H.R. 4577, supra; as follows: ties relating to childhood lead poisoning pre- agreement under section 12 of the Stevenson- vention shall use 10 percent of the grant Wydler Technology Innovation Act of 1980 (15 On page 2, line 12, strike ‘‘$2,990,141,000’’ funds awarded for the purpose of funding U.S.C. 3710a) pertaining to a drug. and insert ‘‘$3,889,387,000’’. screening assessments and referrals at sites (b) EXCEPTIONS.—Subsection (a) shall not On page 2, line 13, strike ‘‘$1,718,801,000’’ of operation of the Early Head Start pro- apply to an agreement where— and insert ‘‘$2,239,547,000’’. grams under the Head Start Act.’’. (1) the sale of the drug involved is subject On page 2, line 15, strike ‘‘$1,250,965,000’’ to a price agreement that is reasonable (as and insert ‘‘$1,629,465,000’’. AMENDMENT NO. 3682 On page 2, line 17, strike ‘‘$1,000,965,000’’ defined by the Secretary of Health and On page 42, line 12, strike the period and and insert ‘‘$1,254,465,000’’. Human Services); or insert the following: ‘‘: Provided further, That On page 2, line 18, strike ‘‘$250,000,000’’ and (2) a reasonable price agreement with re- the funds made available under this heading insert ‘‘$375,000,000’’. spect to the sale of the drug involved is not for section 645A of the Head Start Act shall On page 5, line 6, strike ‘‘$153,452,000’’ and required by the public interest (as defined by be made available for Early Head Start pro- insert ‘‘$197,452,000’’. such Secretary). grams in which the entity carrying out such On page 5, line 7, strike ‘‘$3,095,978,000’’ and a program may— insert ‘‘$3,196,746,000’’. BINGAMAN (AND OTHERS) ‘‘(1) determine whether a child eligible to On page 5, line 26, strike ‘‘$153,452,000’’ and participate in the program has received a AMENDMENT NO. 3675 insert ‘‘$197,452,000’’. blood lead screening test, using a test that is (Ordered to lie on the table.) On page 6, line 1, strike ‘‘$763,283,000’’ and appropriate for age and risk factors, upon insert ‘‘$788,283,000’’. Mr. BINGAMAN (for himself, Mr. the enrollment of the child in the program; On page 20, line 1, strike ‘‘$19,800,000’’ and REID, Ms. COLLINS, and Mr. DEWINE) and insert ‘‘$22,300,000’’. submitted an amendment intended to ‘‘(2) in the case of a child who has not re- be proposed by them to the bill, H.R. ceived such a blood lead screening test, en- 4577, supra; as follows: BREAUX AMENDMENT NO. 3679 sure that each enrolled child receives such a On page 59, line 12, strike the period and (Ordered to lie on the table.) test either by referral or by performing the insert the following: ‘‘Provided further, That Mr. BREAUX submitted an amend- test (under contract or otherwise).’’. of the amount made available under this ment intended to be proposed by him heading for activities carried out through to the bill, H.R. 4577, supra; as follows: TORRICELLI AMENDMENT NO. 3683 the Fund for the Improvement of Education At the appropriate place, insert the fol- (Ordered to lie on the table.) under part A of title X, $20,000,000 shall be Mr. TORRICELLI submitted an made available to enable the Secretary of lowing: Education to award grants to develop and SEC. ll. POINT OF ORDER AGAINST CONSIDER- amendment intended to be proposed by implement school dropout prevention pro- ATION OF OMNIBUS APPROPRIA- him to the bill, H.R. 4577, supra; as fol- grams.’’. TIONS CONFERENCE REPORTS IF lows: NOT AVAILABLE FOR 2 DAYS. On page 92, between lines 4 and 5, insert It shall not be in order in the Senate to the following: JEFFORDS AMENDMENTS NOS. consider a conference report on an Omnibus 3676–3677 Appropriations bill (an appropriations bill PART ll—MISCELLANEOUS PROVISIONS (Ordered to lie on the table.) containing 2 or more of the 13 regular appro- SEC. ll01. DISCLOSURE OF FIRE SAFETY STANDARDS AND MEASURES WITH Mr. JEFFORDS submitted two priations Acts) unless that conference report has been available at least 2 days prior to RESPECT TO CAMPUS BUILDINGS. amendments intended to be proposed consideration. (a) SHORT TITLE.—This section may be by him to the bill, H.R. 4577, supra; as cited as the ‘‘Campus Fire Safety Right to follows: Know Act’’. WELLSTONE (AND OTHERS) (b) AMENDMENT.—Section 485 of the Higher AMENDMENT NO. 3676 AMENDMENT NO. 3680 Education Act of 1965 (20 U.S.C. 1092) is (a) On page 59, between lines 12 and 13, in- Mr. REID (for Mr. WELLSTONE (for amended— sert the following: (1) in subsection (a)(1)— himself, Mr. KENNEDY, and Mr. REID)) ‘‘HIGH SCHOOL ACADEMIC ACHIEVEMENT (A) by striking ‘‘and’’ at the end of sub- PROGRAM proosed an amendment to the bill, H.R. paragraph (N); For necessary expenses to help school stu- 4577, supra; as follows: (B) by striking the period at the end of dents reach their full academic and technical On page 34, line 17, insert before the period subparagraph (O) and inserting ‘‘; and’’; and skills potential through enriched learning the following: ‘‘:Provided further, That within (C) by adding at the end the following new experiences, $20,000,000.’’ the amounts provided herein $3,000,000 shall subparagraph:

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12887 ‘‘(P) the fire safety report prepared by the resentatives of institutions of higher edu- WELLSTONE (AND OTHERS) institution pursuant to subsection (h).’’; and cation, and other Federal agencies as the AMENDMENT NO. 3686 (2) by adding at the end the following new Secretary, in the Secretary’s discretion, con- subsection: siders appropriate; (Ordered to lie on the table.) ‘‘(h) DISCLOSURE OF FIRE SAFETY STAND- (3) an estimate of the cost of bringing all Mr. WELLSTONE (for himself, Mr. ARDS AND MEASURES.— nonconforming dormitories and other cam- JEFFORDS, Mr. KOHL, Mr. LIEBERMAN, ‘‘(1) FIRE SAFETY REPORTS REQUIRED.—Each pus buildings up to current new building Mr. LEVIN, Mr. SCHUMER, and Mr. eligible institution participating in any pro- codes; and REED) submitted an amendment in- gram under this title shall, beginning in aca- (4) recommendations from the Secretary tended to be proposed by them to the demic year 2001-2002, and each year there- concerning the best means of meeting fire bill, H.R. 4577, supra; as follows: after, prepare, publish, and distribute, safety standards in all college and university through appropriate publications or mail- facilities, including recommendations for On page 37, between lines 21 and 22, insert ings, to all current students and employees, methods to fund such cost. the following: and to any applicant for enrollment or em- For making payments under title XXVI of ployment upon request, an annual fire safety BAUCUS (AND JEFFORDS) the Omnibus Budget Reconciliation Act of 1981, $1,100,000,000, to be available for obliga- report containing at least the following in- AMENDMENT NO. 3684 formation with respect to the campus fire tion in the period October 1, 2001 through safety practices and standards of that insti- (Ordered to lie on the table.) September 30, 2002. tution: Mr. BAUCUS (for himself and Mr. ‘‘(A) A statement that identifies each stu- JEFFORDS) submitted an amendment dent housing facility of the institution, and intended to be proposed by them to the BAUCUS (AND OTHERS) whether or not each such facility is equipped bill, H.R. 4577, supra; as follows: AMENDMENT NO. 3687 with a fire sprinkler system or another On page 54, between lines 10 and 11, insert equally protective fire safety system. Mr. BAUCUS (for himself, Mr. BINGA- the following: ‘‘(B) Statistics concerning the occurrence MAN, Mr. DOMENICI, and Mrs. on campus, during the 2 preceding calendar SEC. ll. SENSE OF THE SENATE REGARDING IM- HUTCHISON) submitted an amendment PACTS OF THE BALANCED BUDGET years for which data are available, of fires ACT OF 1997. intended to be proposed by them to the and false fire alarms. (a) FINDINGS.—The Senate makes the fol- bill, H.R. 4577, supra; as follows: ‘‘(C) For each such occurrence, a statement lowing findings: At the end of title III, insert the following: of the human injuries or deaths and the (1) Since its passage in 1997, the Balanced SEC. . Notwithstanding any other provi- structural damage caused by the occurrence. Budget Act of 1997 has drastically cut pay- sion of this Act— ‘‘(D) Information regarding fire alarms, ments under the medicare program under (1) the total amount made available under smoke alarms, the presence of adequate fire title XVIII of the Social Security Act in the this title to carry out section 8007 of the Ele- escape planning or protocols (as defined in areas of hospital, home health, and skilled mentary and Secondary Education Act of local fire codes), rules on portable electrical nursing care, among others. While Congress 1965 shall be $50,000,000; and appliances, smoking and open flames (such intended to cut approximately $100,000,000,000 (2) Amounts made available under this Act as candles), regular mandatory supervised from the medicare program over 5 years, re- for the administrative and related expenses fire drills, and planned and future improve- cent estimates put the actual cut at over of the Department of Health and Human ment in fire safety. $200,000,000,000. Services, the Department of Labor, and the ‘‘(2) RULE OF CONSTRUCTION.—Nothing in (2) A recent study on home health care Department of Education shall be reduced on this subsection shall be construed to author- found that nearly 70 percent of hospital dis- a pro rata basis by $25,000,000. ize the Secretary to require particular poli- charge planners surveyed reported a greater cies, procedures, or practices by institutions difficulty obtaining home health services for f of higher education with respect to fire safe- medicare beneficiaries as a result of the Bal- ty. anced Budget Act of 1997. ‘‘(3) REPORTS.—Each institution partici- (3) According to the Medicare Payment Ad- NOTICE OF HEARING pating in any program under this title shall visory Commission, rural hospitals were dis- COMMITTEE ON ENERGY AND NATURAL make periodic reports to the campus com- proportionately affected by the Balanced RESOURCES munity on fires and false fire alarms that are Budget Act of 1997, dropping the inpatient reported to local fire departments in a man- margins of such hospitals over 4 percentage SUBCOMMITTEE ON WATER AND POWER ner that will aid in the prevention of similar points in 1998. Mr. SMITH of Oregon. Mr. President, occurrences. (b) SENSE OF SENATE.—It is the sense of the I would like to announce for the infor- ‘‘(4) REPORTS TO SECRETARY.—On an annual Senate that Congress and the President mation of the Senate and the public basis, each institution participating in any should act expeditiously to alleviate the ad- program under this title shall submit to the that a legislative hearing has been verse impacts of the Balanced Budget Act of scheduled before the Subcommittee on Secretary a copy of the statistics required to 1997 on beneficiaries under the medicare probe made available under paragraph (1)(B). gram under title XVIII of the Social Secu- Water and Power. The Secretary shall— rity Act and health care providers partici- The hearing will take place on Tues- ‘‘(A) review such statistics; pating in such program. day, July 11, 2000, at 2:30 p.m., in room ‘‘(B) make copies of the statistics sub- SD–366 of the Dirksen Senate Office mitted to the Secretary available to the pub- Building in Washington, DC. lic; and BAUCUS (AND OTHERS) ‘‘(C) in coordination with representatives AMENDMENT NO. 3685 The purpose of this hearing is to re- of institutions of higher education, identify (Ordered to lie on the table.) ceive testimony on S. 2195, a bill to amend the Reclamation Wastewater exemplary fire safety policies, procedures, Mr. BAUCUS (for himself, Mr. BINGA- and practices and disseminate information and Groundwater Study and Facilities MAN, Mr. DOMENICI, and Mrs. concerning those policies, procedures, and Act to authorize the Secretary of the HUTCHISON) submitted an amendment practices that have proven effective in the Interior to participate in the design, reduction of campus fires. intended to be proposed by him to the bill, H.R. 4577, supra; as follows: planning, and construction of the ‘‘(5) DEFINITION OF CAMPUS.—In this sub- Truckee watershed reclamation project section the term ‘campus’ has the meaning At the end of title III, insert the following: provided in subsection (f)(6).’’. SEC. ll. Notwithstanding any other pro- for the reclamation and reuse of water; (c) REPORT TO CONGRESS BY SECRETARY OF vision of this Act— S. 2350, a bill to direct the Secretary of EDUCATION.—Not later than 1 year after the (1) the total amount made available under the Interior to convey certain water date of enactment of this Act, the Secretary this title to carry out section 8007 of the Ele- rights to Duchesne City, Utah; and S. of Education shall prepare and submit to the mentary and Secondary Education Act of 2672, a bill to provide for the convey- Congress a report containing— 1965 shall be $50,000,000; and ance of various reclamation projects to (1) an analysis of the current status of fire (2) the amount of funds provided to each local water authorities. safety systems in college and university fa- Federal agency that receives appropriations Because of the limited time available cilities, including sprinkler systems; under this Act in an amount greater than (2) an analysis of the appropriate fire safe- $20,000,000 shall be reduced by a uniform per- for the hearing, witnesses may testify ty standards to apply to these facilities, centage necessary to achieve an aggregate by invitation only. However, those which the Secretary shall prepare after con- reduction of $25,000,000 in funds provided to wishing to submit written testimony sultation with such fire safety experts, rep- all such agencies under this Act. for the hearing record should send two

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 12888 CONGRESSIONAL RECORD—SENATE June 28, 2000 copies of their testimony to the Sub- COMMITTEE ON INDIAN AFFAIRS The PRESIDING OFFICER. Without committee on Water and Power, Com- Mr. SPECTER. Mr. President, I ask objection, it is so ordered. mittee on Energy and Natural Re- unanimous consent that the Com- Mr. WELLSTONE. Mr. President, I sources, U.S. Senate, 364 Dirksen Sen- mittee on Indian Affairs be authorized ask unanimous consent that Vinu ate Office Building, Washington, DC to meet on Wednesday, June 28, 2000, at Pillai, an intern, Nina Rossomando, a 20510–6150. 2:30 p.m., in room 485 of the Russell fellow, and Ellen Gerrity be allowed For further information, please call Senate Building to mark up pending the privilege of the floor this after- Trici Heninger, Staff Assistant, or Col- committee business to be followed by a noon. leen Deegan, Counsel, at (202) 224–8115. hearing on S. 2283, to amend the Trans- The PRESIDING OFFICER. Without f portation Equity Act (TEA–21) to make objection, it is so ordered. certain amendments with respect to In- f AUTHORITY FOR COMMITTEES TO dian tribes. GAMBLING ON COLLEGE MEET The PRESIDING OFFICER. Without ATHLETICS COMMITTEE ON COMMERCE, SCIENCE, AND objection, it is so ordered. TRANSPORTATION COMMITTEE ON THE JUDICIARY Mr. BROWNBACK. Mr. President, I Mr. SPECTER. Mr. President, I ask Mr. SPECTER. Mr. President, I ask draw quick attention of the body to the unanimous consent that the Com- unanimous consent that the Com- amendment I hope to bring up some- mittee on Commerce, Science, and mittee on the Judiciary be authorized time during the session—or on a free- Transportation be authorized to meet to meet to conduct a hearing on standing bill—banning gambling on on Wednesday, June 28, 2000, at 9:30 Wednesday, June 28, 2000, at 10 a.m., in college athletics. There is currently a.m., on airline customer service. SD226. only one State in the Union where you The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without can bet on college sports. That is in objection, it is so ordered. objection, it is so ordered. Nevada. It is called the ‘‘Vegas Excep- tion.’’ That has led to a lot of problems COMMITTEE ON ENERGY AND NATURAL SUBCOMMITTEE ON EUROPEAN AFFAIRS RESOURCES of gambling on college athletics and on Mr. SPECTER. Mr. President, I ask college campuses. Mr. SPECTER. Mr. President, I ask unanimous consent that the Sub- unanimous consent that the Com- Also, one of the aspects I want to committee on European Affairs be au- point out briefly—and why I want to mittee on Energy and Natural Re- thorized to meet during the session of sources be authorized to meet during bring this up yet this session of Con- the Senate on Wednesday, June 28, 2000, gress because of the impact it is having the session of the session of the Senate at 2 p.m., to hold a hearing. on Wednesday, June 28, for purposes of on our young people—is the expansion The PRESIDING OFFICER. Without into gambling and getting addicted. conducting a full committee business objection, it is so ordered. meeting which is scheduled to begin at We are finding that one of the lead- SUBCOMMITTEE ON NEAR EASTERN AND SOUTH 9:30 a.m. The purpose of this business ing gateways for young people to get ASIAN AFFAIRS into gambling is through sports gam- meeting is to consider pending cal- Mr. SPECTER. Mr. President, I ask endar business bling—betting on sporting events. That unanimous consent that the Sub- is one of the top two ways of getting The PRESIDING OFFICER. Without committee on Near Eastern and South objection, it is so ordered. young people involved. They are among Asian Affairs be authorized to meet the most susceptible to becoming ad- COMMITTEE ON ENVIRONMENT AND PUBLIC during the session of the Senate on dicted to gambling. WORKS Wednesday, June 28, 2000, at 9 a.m. to There is a study by the Harvard Med- Mr. SPECTER. Mr. President, I ask hold a hearing. ical School on addiction. It reported unanimous consent that the Com- The PRESIDING OFFICER. Without that college students are three times mittee on Environment and Public objection, it is so ordered. as likely to develop a severe gambling Works be authorized to meet during SUBCOMMITTEE ON TECHNOLOGY, TERRORISM problem as compared with other the session of the Senate on Wednes- AND GOVERNMENT INFORMATION adults. It shows that the leading gate- day, June 28, 9:30 a.m., Hearing Room Mr. SPECTER. Mr. President, I ask way for college students becoming ad- (SD–406), to conduct a business meeting unanimous consent that the Sub- dicted is through sports betting. to consider the following items: Ever- committee on Technology, Terrorism There is only one place in the coun- glades Restoration, Water Resources and Government Information be au- try where it is legal. That is in Nevada. development, and GSA Authoriza- thorized to meet to conduct a hearing It is the ‘‘Vegas Exception.’’ That pro- tions—(a) Multiple FY01 Prospectuses on Wednesday, June 28 at 2 p.m., in vides this atmosphere where it is legal and (b) One FY02 Design Project. SD226. or thought to be legal in many places, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without and we are seeing this problem grow. objection,s it is so ordered. objection, it is so ordered. The NCAA is strongly supportive of COMMITTEE ON FINANCE f this amendment. They want to get at Mr. SPECTER. Mr. President, I ask this issue of gambling that is expand- unanimous consent that the Com- PRIVILEGE OF THE FLOOR—H.R. ing exponentially across the country, mittee on Finance be authorized to 4577 and the problems they are having they meet during the session of the Senate Mr. DODD. I ask unanimous consent want to be able to deal with so people on Wednesday, June 28, 2000, for an that Meredith Miller and Kathy will know there is a fair game that is Open Executive Session to consider the HoganBruen, of my staff, be granted going on. They want to deal with it chairman’s Mark of the Marriage Tax the privilege of the floor for the re- now. Relief Reconciliation Act of 2000. mainder of the debate on this bill. Some Members are opposed to this The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without amendment. I simply stand here to say objection, it is so ordered. objection, it is so ordered. I am prepared to bring this amendment COMMITTEE ON FOREIGN RELATIONS Mr. KENNEDY. Mr. President, I ask up at any time with limited debate—1 Mr. SPECTER. Mr. President, I ask unanimous consent that Laura Chow, a hour of debate equally divided between unanimous consent that the Com- legislative fellow in my office, be each side—and I am willing to go late mittee on Foreign Relations be author- granted floor privileges during the de- into the night, as it is obvious now at ized to meet during the session of the bate on the Labor-HHS bill. this hour—to talk about this issue, get Senate on Wednesday, June 28, 2000, at Mr. JEFFORDS. Mr. President, I fur- an up-or-down vote on it, and simply 11 a.m., to hold a business meeting. ther ask consent that Diane Lenz be move forward. If the body agrees, let The PRESIDING OFFICER. Without granted access to the floor during con- the body work its will. If the body dis- objection, it is so ordered. sideration of my amendment. agrees, so be it. Let’s move on.

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12889 This is an important issue to our The bill (S. 2719) was read the third (B) unreliable in availability; and young people, to our colleges, and to time and passed, as follows: (12) the twin goals of economic self-sufficiency and political self-determination for college athletics. These games should S. 2719 remain honest and not be influenced by Native Americans can best be served by Be it enacted by the Senate and House of Rep- marking available to address the challenges gambling. We are even hearing of some resentatives of the United States of America in faced by those groups— referees now who are betting on games. Congress assembled, (A) the resources of the private market; It is causing people to question wheth- SECTION 1. SHORT TITLE. (B) adequate capital; and er these are legitimate sporting events This Act may be cited as the ‘‘Native (C) technical expertise. or fixed events on the point spread. American Business Development, Trade Pro- (b) PURPOSES.—The purposes of this Act I simply continue to state to my col- motion, and Tourism Act of 2000’’. are as follows: leagues that this is an important SEC. 2. FINDINGS; PURPOSES. (1) To revitalize economically and phys- (a) FINDINGS.—Congress finds that— ically distressed Native American economies amendment on which I want to get a (1) clause 3 of section 8 of article I of the by— vote in this session of Congress. I am United States Constitution recognizes the (A) encouraging the formation of new busi- prepared to have limited debate at any special relationship between the United nesses by eligible entities, and the expansion point in time or bring the matter up as States and Indian tribes; of existing businesses; and a freestanding bill so we are able to ad- (2) beginning in 1970, with the inauguration (B) facilitating the movement of goods to dress it. I don’t want to hold up other by the Nixon Administration of the Indian and from Indian lands and the provision of bills. I want to be able to get a vote on self-determination era, each President has services by Indians. reaffirmed the special government-to-gov- this particular item. We can do so in a (2) To promote private investment in the ernment relationship between Indian tribes economies of Indian tribes and to encourage limited time fashion. It is important and the United States. the sustainable development of resources of that we get this addressed now. (3) in 1994, President Clinton issued an Ex- Indian tribes and Indian-owned businesses. f ecutive memorandum to the heads of depart- (3) To promote the long-range sustained ments and agencies that obligated all Fed- growth of the economies of Indian tribes. FEASIBILITY STUDY ON THE eral departments and agencies, particularly (4) To raise incomes of Indians in order to JICARILLA APACHE RESERVATION those that have an impact on economic de- reduce the number of Indians at poverty lev- Mr. BROWNBACK. Mr. President, I velopment, to evaluate the potential impacts els and provide the means for achieving a of their actions on Indian tribes; higher standard of living on Indian reserva- ask unanimous consent that the Sen- (4) consistent with the principles of inher- ate now proceed to the consideration of tions. ent tribal sovereignty and the special rela- (5) To encourage intertribal, regional, and Calendar No. 625, H.R. 3051. tionship between Indian tribes and the international trade and business develop- The PRESIDING OFFICER. The United States, Indian tribes retain the right ment in order to assist in increasing produc- clerk will report the bill by title. to enter into contracts and agreements to tivity and the standard of living of members The legislative clerk read as follows: trade freely, and seek enforcement of treaty of Indian tribes and improving the economic A bill (H.R. 3051) to direct the Secretary of and trade rights; self-sufficiency of the governing bodies of In- (5) Congress has carried out the responsi- the Interior, the Bureau of Reclamation, to dian tribes. bility of the United States for the protection conduct a feasibility study on the Jicarilla (6) To promote economic self-sufficiency and preservation of Indian tribes and the re- Apache Reservation in the State of New and political self-determination for Indian sources of Indian tribes through the endorse- Mexico, and for other purposes. tribes and members of Indian tribes. ment of treaties, and the enactment of other SEC. 3. DEFINITIONS. There being no objection, the Senate laws, including laws that provide for the ex- In this Act: proceeded to consider the bill. ercise of administrative authorizes. (1) ELIGIBILITY ENTITY.—The term ‘‘eligible (6) the United States has an obligation to Mr. BROWNBACK. Mr. President, I entity’’ means an Indian tribe or tribal orga- guard and preserve the sovereignty of Indian ask unanimous consent that the bill be nization, an Indian arts and crafts organiza- tribes in order to foster strong tribal govern- read a third time and passed, the motion, as that term is defined in section 2 of ments, Indian self-determination, and eco- tion to reconsider be laid upon the the Act of August 27, 1935 (commonly known nomic self-sufficiency among Indian tribes; table, and any statements relating to (7) the capacity of Indian tribes to build as the ‘‘Indian Arts and Crafts Act’’) (49 the bill be printed in the RECORD. strong tribal governments and vigorous Stat. 891, chapter 748; 25 U.S.C. 305a), a tribal The PRESIDING OFFICER. Without economies is hindered by the inability of In- enterprise, a tribal marketing cooperative objection, it is so ordered. dian tribes to engage communities that sur- (as that term is defined by the Secretary, in round Indian lands and outside investors in consultation with the Secretary of the Inte- The bill (H.R. 3051) was read the third rior), or any other Indian-owned business. time and passed. economic activities on Indian lands; (8) despite the availability of abundant (2) INDIAN.—The term ‘‘Indian’’ has the f natural resources on Indian lands and a rich meaning given that term in section 4(d) of the Indian Self-Determination and Edu- NATIVE AMERICAN BUSINESS DE- cultural legacy that accords great value to self-determination, self-reliance, and inde- cation Assistance Act (25 U.S.C. 450b(d)). VELOPMENT, TRADE PRO- (3) INDIAN GOODS AND SERVICES.—The term MOTION, AND TOURISM ACT OF pendence, native Americans suffer high rates of unemployment, poverty, poor health, sub- ‘‘Indian goods and services’’ means— 2000 standard housing, and associated social ills (A) Indian goods, within the meaning of Mr. BROWNBACK. Mr. President, I than those of any other group in the United section 2 of the Act of August 27, 1935 (com- States; monly known as the ‘‘Indian Arts and Crafts ask unanimous consent that the Sen- Act’’) (49 Stat. 891, chapter 748; 25 U.S.C. ate proceed to the consideration of Cal- (9) the United States has an obligation to assist Indian tribes with the creation of ap- 305a); endar No. 630, S. 2719. propriate economic and political conditions (B) goods produced or originated by an eli- The PRESIDING OFFICER. The with respect to Indian lands to— gible entity; and clerk will report the bill by title. (A) encourage investment from outside (C) services provided by eligible entities. The legislative clerk read as follows: sources that do not originate with the tribes; (4) INDIAN LANDS.— (A) IN GENERAL.—The term ‘‘Indian lands’’ A bill (S. 2719) to provide for business de- and includes lands under the definition of— velopment and trade promotion for Native (B) facilitate economic ventures with out- (i) the term ‘‘Indian country’’ under sec- Americans, and for other purposes. side entities that are not tribal entities; (10) the economic success and material tion 1151 of title 18, United States Code; or There being no objection, the Senate well-being of Native American communities (ii) the term ‘‘reservation’’ under— proceeded to consider the bill. depends on the combined efforts of the Fed- (I) section 3(d) of the Indian Financing Act Mr. BROWNBACK. Mr. President, I eral Government, tribal governments, the of 1974 (25 U.S.C. 1452(d)); or ask unanimous consent that the bill be private sector, and individuals; (II) section 4(10) of the Indian Child Wel- read a third time and passed, the mo- (11) the lack of employment and entrepre- fare Act of 1978 (25 U.S.C. 1903(10)). tion to reconsider be laid upon the neurial opportunities in the communities re- (B) FORMER INDIAN RESERVATIONS IN OKLA- ferred to in paragraph (7) has resulted in a HOMA.—For purposes of applying section 3(d) table, and any statements relating to multigenerational dependence on Federal as- of the Indian Financing Act of 1974 (25 U.S.C. the bill be printed in the RECORD. sistance that is— 1452(d)) under subparagraph (A)(ii), the term The PRESIDING OFFICER. Without (A) insufficient to address the magnitude ‘‘former Indian reservations in Oklahoma’’ objection, it is so ordered. of needs; and shall be construed to include lands that are—

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 12890 CONGRESSIONAL RECORD—SENATE June 28, 2000 (i) within the jurisdictional areas of an (H) any other activity that the Secretary, institutions with respect to the export and Oklahoma Indian tribe (as determined by the in consultation with the Director, deter- import of Indian goods and services; and Secretary of the Interior); and mines to be appropriate to carry out this (4) entering into financial arrangements to (ii) recognized by the Secretary of the Inte- section. provide for the export and import of Indian rior as eligible for trust land status under (4) ASSISTANCE.—In conjunction with the goods and services. part 151 of title 25, Code of Federal Regula- activities described in paragraph (3), the Sec- (e) PRIORITIES.—In carrying out the duties tions (as in effect on the date of enactment retary, acting through the Director, shall and activities described in subsections (b) of this Act). provide— and (c), the Secretary, acting through the (5) INDIAN-OWNED BUSINESS.—The term ‘‘In- (A) financial assistance, technical assist- Director, shall give priority to activities dian-owned business’’ means an entity orga- ance, and administrative services to eligible that— nized for the conduct of trade or commerce entities to assist those entities with— (1) provide the greatest degree of economic with respect to which at least 50 percent of (i) identifying and taking advantage of benefits to Indians; and the property interests of the entity are business development opportunities; and (2) foster long-term stable international owned by Indians or Indian tribes (or a com- (ii) compliance with appropriate laws and markets for Indian goods and services. bination thereof). regulatory practices; and SEC. 6. INTERTRIBAL TOURISM DEMONSTRATION (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (B) such other assistance as the Secretary, PROJECTS. has the meaning given that term in section in consultation with the Director, deter- (a) PROGRAM TO CONDUCT TOURISM 4(e) of the Indian Self-Determination and mines to be necessary for the development of PROJECTS.— Education Assistance Act (25 U.S.C. 450b(e)). business opportunities for eligible entities to (1) IN GENERAL.—The Secretary, acting (7) SECRETARY.—The term ‘‘Secretary’’ enhance the economies of Indian tribes. through the Director, shall conduct a Native means the Secretary of Commerce. (5) PRIORITIES.—In carrying out the duties American tourism program to facilitate the (8) TRIBAL ENTERPRISE.—The term ‘‘tribal and activities described in paragraphs (3) and development and conduct of tourism dem- enterprise’’ means a commercial activity or (4), the Secretary, acting through the Direc- onstration projects by Indian tribes, on a business managed or controlled by an Indian tor, shall give priority to activities that— tribal, intertribal, or regional basis. tribe. (A) provide the greatest degree of eco- (2) DEMONSTRATION PROJECTS.— (9) TRIBAL ORGANIZATION.—The term ‘‘trib- nomic benefits to Indians; and (A) IN GENERAL.—Under the program estab- al organization’’ has the meaning given that (B) foster long-term stable economies of lished under this section, in order to assist term in section 4(l) of the Indian Self-Deter- Indian tribes. in the development and promotion of tour- mination and Education Assistance Act (25 (6) PROHIBITION.—The Secretary may not ism on and in the vicinity of Indian lands, U.S.C. 450b(l)). provide under this section assistance for any the Secretary, acting through the Director, SEC. 4. OFFICE OF NATIVE AMERICAN BUSINESS activity related to the operation of a gaming shall, in coordination with the Under Sec- DEVELOPMENT. activity on Indian lands pursuant to the In- retary of Agriculture for Rural Development, (a) IN GENERAL.— dian Gaming Regulatory Act (25 U.S.C. 2710 assist eligible entities in the planning, devel- (1) ESTABLISHMENT.—There is established et seq.). opment, and implementation of tourism de- within the Department of Commerce an of- SEC. 5. NATIVE AMERICAN TRADE AND EXPORT velopment demonstration projects that meet fice known as the Office of Native American PROMOTION. the criteria described in subparagraph (B). Business Development (referred to in this (a) IN GENERAL.—The Secretary, acting (B) PROJECTS DESCRIBED.—In selecting Act as the ‘‘Office’’). through the Director, shall carry out a Na- tourism development demonstration projects (2) DIRECTOR.—The Office shall be headed tive American export and trade promotion under this section, the Secretary, acting by a Director, appointed by the Secretary, program (referred to in this section as the through the Director, shall select projects whose title shall be the Director of Native ‘‘program’’). that have the potential to increase travel American Business Development (referred to (b) COORDINATION OF FEDERAL PROGRAMS and tourism revenues by attracting visitors in this Act as the ‘‘Director’’). The Director AND SERVICES.—In carrying out the program, to Indian lands and lands in the vicinity of shall be compensated at a rate not to exceed the Secretary, acting through the Director, Indian lands, including projects that provide level V of the Executive Schedule under sec- and in cooperation with the heads of appro- for— tion 5316 of title 5, United States Code. priate Federal agencies, shall ensure the co- (i) the development and distribution of (b) DUTIES OF THE SECRETARY.— ordination of Federal programs and services educational and promotional materials per- (1) IN GENERAL.—The Secretary, acting designed to— taining to attractions located on and near through the Director, shall ensure the co- (1) develop the economies of Indian tribes; Indian lands; ordination of Federal programs that provide and (ii) the development of educational re- assistance, including financial and technical (2) stimulate the demand for Indian goods sources to assist in private and public tour- assistance, to eligible entities for increased and services that are available for eligible ism development on and in the vicinity of In- business, the expansion of trade by eligible entities. dian lands; and entities, and economic development on In- (c) ACTIVITIES.—In carrying out the duties (iii) the coordination of tourism-related dian lands. described in subsection (b), the Secretary, joint revenues and cooperative efforts be- (2) INTERAGENCY COORDINATION.—The Sec- acting through the Director, shall ensure the tween eligible entities and appropriate State retary, acting through the Director, shall co- coordination of, or, as appropriate carry and local governments that have jurisdiction ordinate Federal programs relating to Indian out— over areas in the vicinity of Indian lands. economic development, including any such (1) Federal programs designed to provide (3) GRANTS.—To carry out the program program of the Department of the Interior, technical or financial assistance to eligible under this section, the Secretary, acting the Small Business Administration, the De- entities; through the Director, may award grants or partment of Labor, or any other Federal (2) the development of promotional mate- enter into other appropriate arrangements agency charged with Indian economic devel- rials; with Indian tribes, tribal organizations, opment responsibilities. (3) the financing of appropriate trade mis- intertribal consortia, or other tribal entities (3) ACTIVITIES.—In carrying out the duties sions; that the Secretary, in consultation with the described in paragraph (1), the Secretary, (4) the marketing of Indian goods and serv- Director, determines to be appropriate. acting through the Director, shall ensure the ices; (4) LOCATIONS.—In providing for tourism coordination of, or, as appropriate, carry (5) the participation of appropriate Federal development demonstration projects under out— agencies or eligible entities in international the program under this section, the Sec- (A) Federal programs designed to provide trade fairs; and retary, acting through the Director, shall legal, accounting, or financial assistance to (6) any other activity related to the devel- provide for a demonstration project to be eligible entities; opment of markets for Indian goods and conducted— (B) market surveys; services. (A) for Indians of the Four Corners area lo- (C) the development of promotional mate- (d) TECHNICAL ASSISTANCE.—In conjunction cated in the area adjacent to the border be- rials; with the activities described in subsection tween Arizona, Utah, Colorado, and New (D) the financing of business development (c), the Secretary, acting through the Direc- Mexico; seminars; tor, shall provide technical assistance and (B) for Indians of the northwestern area (E) the facilitation of marketing; administrative services to eligible entities to that is commonly known as the Great North- (F) the participation of appropriate Fed- assist those entities with— west (as determined by the Secretary); eral agencies or eligible entities in trade (1) the identification of appropriate mar- (C) for the Oklahoma Indians in Oklahoma; fairs; kets for Indian goods and services; (D) for the Indians of the Great Plains area (G) any activity that is not described in (2) entering the markets referred to in (as determined by the Secretary); and subparagraphs (A) through (F) that is related paragraph (1); (E) for Alaska Natives in Alaska. to the development of appropriate markets; (3) compliance with foreign or domestic (b) ASSISTANCE.—The Secretary, acting and laws and practices with respect to financial through the Director, shall provide financial

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12891 assistance, technical assistance, and admin- ate now proceed to consideration of H. (5) above-ground uranium miners, millers and istrative services to participants that the Con. Res. 344, which is at the desk. individuals who transported ore should be fairly Secretary, acting through the Director, se- The PRESIDING OFFICER. The compensated, in a manner similar to that pro- lects to carry out a tourism development clerk will report the concurrent resolu- vided for underground uranium miners, in cases project under this section, with respect to— in which those individuals suffered disease or (1) feasibility studies conducted as part of tion by title. resultant death, associated with radiation expo- that project; The legislative clerk read as follows: sure, due to the failure of the Federal Govern- (2) market analyses; A concurrent resolution (H. Con. Res. 344) ment to warn and otherwise help protect citizens (3) participation in tourism and trade mis- permitting the use of the Rotunda of the from the health hazards addressed by the Radi- sions; and Capitol for a ceremony to present the Con- ation Exposure Compensation Act of 1990 (42 (4) any other activity that the Secretary, gressional Gold Medal to Father Theodore U.S.C. 2210 note); and in consultation with the Director, deter- Hesburgh. (6) it should be the responsibility of the Fed- mines to be appropriate to carry out this eral Government in partnership with State and section. There being no objection, the Senate proceeded to consider the concurrent local governments and appropriate healthcare (c) INFRASTRUCTURE DEVELOPMENT.—The organizations, to initiate and support programs demonstration projects conducted under this resolution. designed for the early detection, prevention and section shall include provisions to facilitate Mr. BROWNBACK. I ask unanimous education on radiogenic diseases in approved the development and financing of infrastruc- consent that the concurrent resolution States to aid the thousands of individuals ad- ture, including the development of Indian be agreed to, the motion to reconsider versely affected by the mining of uranium and reservation roads in a manner consistent be laid upon the table, and any state- the testing of nuclear weapons for the Nation’s with title 23, United States Code. ments be printed in the RECORD. weapons arsenal. SEC. 7. REPORT TO CONGRESS. SEC. 3. AMENDMENTS TO THE RADIATION EXPO- (a) IN GENERAL.—Not later than 1 year The PRESIDING OFFICER. Without objection, it is so ordered. SURE COMPENSATION ACT. after the date of enactment of this Act, and (a) CLAIMS RELATING TO ATMOSPHERIC NU- The concurrent resolution (H. Con. annually thereafter, the Secretary, in con- CLEAR TESTING.—Section 4(a)(1) of the Radi- sultation with the Director, shall prepare Res. 344) was agreed to. ation Exposure Compensation Act (42 U.S.C. and submit to the Committee on Indian Af- f 2210 note) is amended to read as follows: fairs of the Senate and the Committee on Re- ‘‘(1) CLAIMS RELATING TO LEUKEMIA.— sources of the House of Representatives a re- RADIATION EXPOSURE COMPENSA- ‘‘(A) IN GENERAL.—An individual described in port on the operation of the Office. TION ACT AMENDMENTS OF 2000 this subparagraph shall receive an amount spec- (b) CONTENTS OF REPORT.—Each report pre- Mr. BROWNBACK. I ask unanimous ified in subparagraph (B) if the conditions de- pared under subsection (a) shall include— scribed in subparagraph (C) are met. An indi- (1) for the period covered by the report, a consent the Chair lay before the Senate a message from the House of Rep- vidual referred to in the preceding sentence is summary of the activities conducted by the an individual who— Secretary, acting through the Director, in resentatives to accompany S. 1515, an ‘‘(i)(I) was physically present in an affected carrying out sections 4 through 6; and Act to amend the Radiation Exposure area for a period of at least 1 year during the (2) any recommendations for legislation Compensation Act, and for other pur- period beginning on January 21, 1951, and end- that the Secretary, in consultation with the poses. ing on October 31, 1958; Director, determines to be necessary to There being no objection, the Pre- ‘‘(II) was physically present in the affected carry out sections 4 through 6. siding Officer laid before the Senate area for the period beginning on June 30, 1962, SEC. 8. AUTHORIZATION OF APPROPRIATIONS. the following message from the House and ending on July 31, 1962; or There are authorized to be appropriated ‘‘(III) participated onsite in a test involving such sums as are necessary to carry out this of Representatives: the atmospheric detonation of a nuclear device; Act, to remain available until expended. Resolved, That the bill from the Senate (S. and f 1515) entitled ‘‘An Act to amend the Radi- ‘‘(ii) submits written documentation that such ation Exposure Compensation Act, and for individual developed leukemia— ACCEPTANCE OF STATUE OF other purposes’’, do pass with the following ‘‘(I) after the applicable period of physical CHIEF WASHAKIE amendment: presence described in subclause (I) or (II) of Mr. BROWNBACK. Mr. President, I Strike out all after the enacting clause and clause (i) or onsite participation described in ask unanimous consent that the Sen- insert: clause (i)(III) (as the case may be); and SECTION 1. SHORT TITLE. ‘‘(II) more that 2 years after first exposure to ate now proceed to the consideration of fallout. H. Con. Res. 333, which is at the desk. This Act may be cited as the ‘‘Radiation Ex- posure Compensation Act Amendments of 2000’’. ‘‘(B) AMOUNTS.—If the conditions described in The PRESIDING OFFICER. The subparagraph (C) are met, an individual— SEC. 2. FINDINGS. clerk will report the resolution by ‘‘(i) who is described in subclause (I) or (II) of Congress finds that— title. subparagraph (A)(i) shall receive $50,000; or (1) the Radiation Exposure Compensation Act ‘‘(ii) who is described in subclause (III) of The legislative clerk read as follows: (42 U.S.C. 2210 note) recognized the responsi- A concurrent resolution (H. Con. Res. 333) subparagraph (A)(i) shall receive $75,000. bility of the Federal Government to compensate ‘‘(C) CONDITIONS.—The conditions described providing for the acceptance of a statue of individuals who were harmed by the mining of in this subparagraph are as follows: Chief Washakie, presented by the people of radioactive materials or fallout from nuclear ‘‘(i) Initial exposure occurred prior to age 21. Wyoming, for placement in National Stat- arms testing; ‘‘(ii) The claim for a payment under subpara- uary Hall, and for other purposes. (2) a congressional oversight hearing con- graph (B) is filed with the Attorney General by There being no objection, the Senate ducted by the Committee on Labor and Human or on behalf of the individual. proceeded to consider the concurrent Resources of the Senate demonstrated that since ‘‘(iii) The Attorney General determines, in ac- resolution. enactment of the Radiation Exposure Com- cordance with section 6, that the claim meets the Mr. BROWNBACK. Mr. President, I pensation Act (42 U.S.C. 2210 note), regulatory requirements of this Act.’’. burdens have made it too difficult for some de- (b) DEFINITIONS.—Section 4(b) of the Radi- ask unanimous consent that the reso- serving individuals to be fairly and efficiently lution be agreed to, the preamble be ation Exposure Compensation Act (42 U.S.C. compensated; 2210 note) is amended— agreed to, the motion to reconsider be (3) reports of the Atomic Energy Commission (1) in paragraph (1)— laid upon the table, and any state- and the National Institute for Occupational (A) in subparagraph (A) by inserting ‘‘Wayne, ments be printed in the RECORD. Safety and Health testify to the need to extend San Juan,’’ after ‘‘Millard,’’; and The PRESIDING OFFICER. Without eligibility to States in which the Federal Gov- (B) by amending subparagraph (C) to read as objection, it is so ordered. ernment sponsored uranium mining and milling follows: The concurrent resolution (H. Con. from 1941 through 1971; ‘‘(C) in the State of Arizona, the counties of Res. 333) was agreed to. (4) scientific data resulting from the enact- Coconino, Yavapai, Navajo, Apache, and Gila; The preamble was agreed to. ment of the Radiation Exposed Veterans Com- and’’; and pensation Act of 1988 (38 U.S.C. 101 note), and (2) in paragraph (2)— f obtained from the Committee on the Biological (A) by striking ‘‘the onset of the disease was AUTHORIZING USE OF ROTUNDA Effects of Ionizing Radiations, and the Presi- between 2 and 30 years of first exposure,’’ and OF THE CAPITOL dent’s Advisory Committee on Human Radiation inserting ‘‘the onset of the disease was at least Experiments provide medical validation for the 2 years after first exposure, lung cancer (other Mr. BROWNBACK. Mr. President, I extension of compensable radiogenic than in situ lung cancer that is discovered dur- ask unanimous consent that the Sen- pathologies; ing or after a post-mortem exam),’’;

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00099 Fmt 0686 Sfmt 6333 E:\BR00\S28JN0.003 S28JN0 12892 CONGRESSIONAL RECORD—SENATE June 28, 2000 (B) by striking ‘‘(provided initial exposure oc- piratory disease or lung cancer means, in any panied by written documentation that meets the curred by the age of 20)’’ after ‘‘thyroid’’; case in which the claimant is living— definition of that term under subsection (b)(5) (C) by inserting ‘‘male or’’ before ‘‘female ‘‘(A)(i) an arterial blood gas study; or shall be considered to be conclusive evidence of breast’’; ‘‘(ii) a written diagnosis by a physician meet- that disease. (D) by striking ‘‘(provided initial exposure oc- ing the requirements of subsection (c)(1); and ‘‘(ii) DESCRIPTION OF PHYSICIANS.—A physi- curred prior to age 40)’’ after ‘‘female breast’’; ‘‘(B)(i) a chest x-ray administered in accord- cian referred to under clause (i) is a physician (E) by striking ‘‘(provided low alcohol con- ance with standard techniques and the interpre- who— sumption and not a heavy smoker)’’ after tive reports of a maximum of two National Insti- ‘‘(I) is employed by— ‘‘esophagus’’; tute of Occupational Health and Safety certified ‘‘(aa) the Indian Health Service; or (F) by striking ‘‘(provided initial exposure oc- ‘B’ readers classifying the existence of the non- ‘‘(bb) the Department of Veterans Affairs; and curred before age 30)’’ after ‘‘stomach’’; malignant respiratory disease of category 1/0 or ‘‘(II) has a documented ongoing physician pa- (G) by striking ‘‘(provided not a heavy smok- higher according to a 1989 report of the Inter- tient relationship with the claimant.’’. er)’’ after ‘‘pharynx’’; national Labor Office (known as the ‘ILO’), or (d) DETERMINATION AND PAYMENT OF (H) by striking ‘‘(provided not a heavy smoker subsequent revisions; CLAIMS.— and low coffee consumption)’’ after ‘‘pancreas’’; ‘‘(ii) high resolution computed tomography (1) FILING PROCEDURES.—Section 6(a) of the and scans (commonly known as ‘HRCT scans’) (in- Radiation Exposure Compensation Act (42 (I) by inserting ‘‘salivary gland, urinary blad- cluding computer assisted tomography scans U.S.C. 2210 note) is amended by adding at the der, brain, colon, ovary,’’ after ‘‘gall bladder,’’. (commonly known as ‘CAT scans’), magnetic end the following: ‘‘In establishing procedures (c) CLAIMS RELATING TO URANIUM MINING.— resonance imaging scans (commonly known as under this subsection, the Attorney General (1) IN GENERAL.—Section 5(a) of the Radiation ‘MRI scans’), and positron emission tomography shall take into account and make allowances for Exposure Compensation Act (42 U.S.C. 2210 scans (commonly known as ‘PET scans’)) and the law, tradition, and customs of Indian tribes note) is amended to read as follows: interpretive reports of such scans; (as that term is defined in section 5(b)) and ‘‘(a) ELIGIBILITY OF INDIVIDUALS.— ‘‘(iii) pathology reports of tissue biopsies; or members of Indian tribes, to the maximum extent ‘‘(1) IN GENERAL.—An individual shall receive ‘‘(iv) pulmonary function tests indicating re- practicable.’’. $100,000 for a claim made under this Act if— strictive lung function, as defined by the Amer- (2) DETERMINATION AND PAYMENT OF CLAIMS, ‘‘(A) that individual— ican Thoracic Society; GENERALLY.—Section 6(b)(1) of the Radiation ‘‘(i) was employed in a uranium mine or ura- ‘‘(6) the term ‘lung cancer’— Exposure Compensation Act (42 U.S.C. 2210 nium mill (including any individual who was ‘‘(A) means any physiological condition of the note) is amended by adding at the end the fol- employed in the transport of uranium ore or va- lung, trachea, or bronchus that is recognized as lowing: ‘‘All reasonable doubt with regard to nadium-uranium ore from such mine or mill) lo- lung cancer by the National Cancer Institute; whether a claim meets the requirements of this cated in Colorado, New Mexico, Arizona, Wyo- and Act shall be resolved in favor of the claimant.’’. ming, South Dakota, Washington, Utah, Idaho, ‘‘(B) includes in situ lung cancers; (3) OFFSET FOR CERTAIN PAYMENTS.—Section North Dakota, Oregon, and Texas at any time ‘‘(7) the term ‘uranium mine’ means any un- 6(c)(2)(B) of the Radiation Exposure Compensa- during the period beginning on January 1, 1942, derground excavation, including ‘dog holes’, as tion Act (42 U.S.C. 2210 note) is amended— and ending on December 31, 1971; and well as open pit, strip, rim, surface, or other (A) in clause (i), by inserting ‘‘(other than a ‘‘(ii)(I) was a miner exposed to 40 or more aboveground mines, where uranium ore or vana- claim for workers’ compensation)’’ after working level months of radiation and submits dium-uranium ore was mined or otherwise ex- ‘‘claim’’; and written medical documentation that the indi- tracted; and (B) in clause (ii), by striking ‘‘Federal Gov- vidual, after that exposure, developed lung can- ‘‘(8) the term ‘uranium mill’ includes milling ernment’’ and inserting ‘‘Department of Vet- cer or a nonmalignant respiratory disease; or operations involving the processing of uranium erans Affairs’’. ‘‘(II) was a miller or ore transporter who ore or vanadium-uranium ore, including both (4) APPLICATION OF NATIVE AMERICAN LAW TO worked for at least 1 year during the period de- carbonate and acid leach plants.’’. CLAIMS.—Section 6(c)(4) of the Radiation Expo- scribed under clause (i) and submits written (3) WRITTEN DOCUMENTATION.—Section 5 of sure Compensation Act (42 U.S.C. 2210 note) is medical documentation that the individual, the Radiation Exposure Compensation Act (42 amended by adding at the end the following: after that exposure, developed lung cancer or a U.S.C. 2210 note) is amended by adding at the ‘‘(D) APPLICATION OF NATIVE AMERICAN nonmalignant respiratory disease or renal can- end the following: LAW.—In determining those individuals eligible cers and other chronic renal disease including ‘‘(c) WRITTEN DOCUMENTATION.— to receive compensation by virtue of marriage, nephritis and kidney tubal tissue injury; ‘‘(1) DIAGNOSIS ALTERNATIVE TO ARTERIAL relationship, or survivorship, such determina- ‘‘(B) the claim for that payment is filed with BLOOD GAS STUDY.— tion shall take into consideration and give effect the Attorney General by or on behalf of that in- ‘‘(A) IN GENERAL.—For purposes of this Act, to established law, tradition, and custom of the dividual; and the written diagnosis and the accompanying in- particular affected Indian tribe.’’. ‘‘(C) the Attorney General determines, in ac- terpretive reports described in subsection (5) ACTION ON CLAIMS.—Section 6(d) of the cordance with section 6, that the claim meets the (b)(5)(A) shall— Radiation Exposure Compensation Act (42 requirements of this Act. ‘‘(i) be considered to be conclusive; and U.S.C. 2210 note) is amended— ‘‘(2) INCLUSION OF ADDITIONAL STATES.—Para- ‘‘(ii) be subject to a fair and random audit (A) by inserting ‘‘(1) IN GENERAL.—’’ before graph (1)(A)(i) shall apply to a State, in addi- procedure established by the Attorney General. ‘‘The Attorney General’’; tion to the States named under such clause, if— ‘‘(B) CERTAIN WRITTEN DIAGNOSES.— (B) by inserting at the end the following: ‘‘For ‘‘(A) an Atomic Energy Commission uranium ‘‘(i) IN GENERAL.—For purposes of this Act, a purposes of determining when the 12-month pe- mine was operated in such State at any time written diagnosis made by a physician described riod ends, a claim under this Act shall be during the period beginning on January 1, 1942, under clause (ii) of a nonmalignant pulmonary deemed filed as of the date of its receipt by the and ending on December 31, 1971; disease or lung cancer of a claimant that is ac- Attorney General. In the event of the denial of ‘‘(B) the State submits an application to the companied by written documentation shall be a claim, the claimant shall be permitted a rea- Department of Justice to include such State; considered to be conclusive evidence of that dis- sonable period in which to seek administrative and ease. review of the denial by the Attorney General. ‘‘(C) the Attorney General makes a determina- ‘‘(ii) DESCRIPTION OF PHYSICIANS.—A physi- The Attorney General shall make a final deter- tion to include such State. cian referred to under clause (i) is a physician mination with respect to any administrative re- ‘‘(3) PAYMENT REQUIREMENT.—Each payment who— view within 90 days after the receipt of the under this section may be made only in accord- ‘‘(I) is employed by the Indian Health Service claimant’s request for such review. In the event ance with section 6.’’. or the Department of Veterans Affairs; or the Attorney General fails to render a deter- (2) DEFINITIONS.—Section 5(b) of the Radi- ‘‘(II) is a board certified physician; and mination within 12 months after the date of the ation Exposure Compensation Act (42 U.S.C. ‘‘(III) has a documented ongoing physician receipt of such request, the claim shall be 2210 note) is amended— patient relationship with the claimant. deemed awarded as a matter of law and paid.’’; (A) in paragraph (3)— ‘‘(2) CHEST X-RAYS.— and (i) by striking ‘‘and’’ before ‘‘corpulmonale’’; ‘‘(A) IN GENERAL.—For purposes of this Act, a (C) by adding at the end the following: and chest x-ray and the accompanying interpretive ‘‘(2) ADDITIONAL INFORMATION.—The Attorney (ii) by striking ‘‘; and if the claimant,’’ and reports described in subsection (b)(5)(B) shall— General may request from any claimant under all that follows through the end of the para- ‘‘(i) be considered to be conclusive; and this Act, or from any individual or entity on be- graph and inserting ‘‘, silicosis, and pneumo- ‘‘(ii) be subject to a fair and random audit half of any such claimant, any reasonable addi- coniosis;’’; procedure established by the Attorney General. tional information or documentation necessary (B) by striking the period at the end of para- ‘‘(B) CERTAIN WRITTEN DIAGNOSES.— to complete the determination on the claim in graph (4) and inserting a semicolon; and ‘‘(i) IN GENERAL.—For purposes of this Act, a accordance with the procedures established (C) by adding at the end the following: written diagnosis made by a physician described under subsection (a). ‘‘(5) the term ‘written medical documentation’ in clause (ii) of a nonmalignant pulmonary dis- ‘‘(3) TREATMENT OF PERIOD ASSOCIATED WITH for purposes of proving a nonmalignant res- ease or lung cancer of a claimant that is accom- REQUEST.—

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00100 Fmt 0686 Sfmt 6333 E:\BR00\S28JN0.003 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12893

‘‘(A) IN GENERAL.—The period described in Act’’ and inserting ‘‘date of the enactment of ‘‘(3) develop and disseminate public informa- subparagraph (B) shall not apply to the 12- the Radiation Exposure Compensation Act tion and education programs for the detection, month limitation under paragraph (1). Amendments of 2000’’. prevention, and treatment of radiogenic cancers ‘‘(B) PERIOD.—The period described in this (h) ATTORNEY FEES LIMITATION.—Section 9 of and diseases; and subparagraph is the period— the Radiation Exposure Compensation Act (42 ‘‘(4) facilitate putative applicants in the docu- ‘‘(i) beginning on the date on which the Attor- U.S.C. 2210 note) is amended to read as follows: mentation of claims as described in section 5(a) ney General makes a request for additional in- ‘‘SEC. 9. ATTORNEY FEES. of the Radiation Exposure Compensation Act (42 formation or documentation under paragraph ‘‘(a) GENERAL RULE.—Notwithstanding any U.S.C. 2210 note). (2); and contract, the representative of an individual ‘‘(c) INDIAN HEALTH SERVICE.—The programs ‘‘(ii) ending on the date on which the claim- may not receive, for services rendered in connec- under subsection (a) shall include programs pro- ant or individual or entity acting on behalf of tion with the claim of an individual under this vided through the Indian Health Service or through tribal contracts, compacts, grants, or that claimant submits that information or docu- Act, more than that percentage specified in sub- cooperative agreements with the Indian Health mentation or informs the Attorney General that section (b) of a payment made under this Act on Service and which are determined appropriate it is not possible to provide that information or such claim. to raising the health status of Indians. that the claimant or individual or entity will ‘‘(b) APPLICABLE PERCENTAGE LIMITATIONS.— ‘‘(d) GRANT AND CONTRACT AUTHORITY.—Enti- not provide that information. The percentage referred to in subsection (a) is— ties receiving a grant under subsection (b) may ‘‘(4) PAYMENT WITHIN 6 WEEKS.—The Attorney ‘‘(1) 2 percent for the filing of an initial claim; expend the grant to carry out the purpose de- General shall ensure that an approved claim is and scribed in such subsection. paid not later than 6 weeks after the date on ‘‘(2) 10 percent with respect to— ‘‘(e) HEALTH COVERAGE UNAFFECTED.—Noth- which such claim is approved. ‘‘(A) any claim with respect to which a rep- ing in this section shall be construed to affect ‘‘(5) NATIVE AMERICAN CONSIDERATIONS.—Any resentative has made a contract for services be- any coverage obligation of a governmental or procedures under this subsection shall take into fore the date of the enactment of the Radiation private health plan or program relating to an consideration and incorporate, to the fullest ex- Exposure Compensation Act Amendments of individual referred to under subsection (b)(1). tent feasible, Native American law, tradition, 2000; or ‘‘(f) REPORT TO CONGRESS.—Beginning on Oc- and custom with respect to the submission and ‘‘(B) a resubmission of a denied claim. tober 1 of the year following the date on which processing of claims by Native Americans.’’. ‘‘(c) PENALTY.—Any such representative who amounts are first appropriated to carry out this (e) REGULATIONS.— violates this section shall be fined not more than section and annually on each October 1 there- (1) IN GENERAL.—Section 6(i) of the Radiation $5,000.’’. after, the Secretary shall submit a report to the (i) GAO REPORTS.— Exposure Compensation Act (42 U.S.C. 2210 Committee on the Judiciary and the Committee (1) IN GENERAL.—Not later than 18 months note) is amended by adding at the end the fol- on Health, Education, Labor, and Pensions of after the date of the enactment of this Act, and lowing: ‘‘Not later than 180 days after the date the Senate and to the Committee on the Judici- every 18 months thereafter, the General Ac- of the enactment of the Radiation Exposure ary and the Committee on Commerce of the counting Office shall submit a report to Con- Compensation Act Amendments of 2000, the At- House of Representatives. Each report shall gress containing a detailed accounting of the torney General shall issue revised regulations to summarize the expenditures and programs fund- administration of the Radiation Exposure Com- carry out this Act.’’. ed under this section as the Secretary deter- pensation Act (42 U.S.C. 2210 note) by the De- (2) AFFIDAVITS.— mines to be appropriate. partment of Justice. (A) IN GENERAL.—The Attorney General shall ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— (2) CONTENTS.—Each report submitted under take such action as may be necessary to ensure There are authorized to be appropriated for the this subsection shall include an analysis of— that the procedures established by the Attorney purpose of carrying out this section $20,000,000 (A) claims, awards, and administrative costs General under section 6 of the Radiation Expo- for fiscal year 1999 and such sums as may be under the Radiation Exposure Compensation sure Compensation Act (42 U.S.C. 2210 note) necessary for each of the fiscal years 2000 Act (42 U.S.C. 2210 note); and provide that, in addition to any other material through 2009.’’. (B) the budget of the Department of Justice that may be used to substantiate employment Mr. HATCH. Mr. President, I am history for purposes of determining working relating to such Act. level months, an individual filing a claim under SEC. 4. ESTABLISHMENT OF PROGRAM OF pleased that the Congress is approving those procedures may make such a substan- GRANTS TO STATES FOR EDU- one of my top legislative priorities, the tiation by means of an affidavit described in CATION, PREVENTION, AND EARLY ‘‘Radiation Exposure Compensation DETECTION OF RADIOGENIC CAN- Act Amendments of 2000,’’ (S. 1515) subparagraph (B). CERS AND DISEASES. (B) AFFIDAVITS.—An affidavit referred to Subpart I of part C of title IV of the Public which will update the compensation under subparagraph (A) is an affidavit— Health Service Act (42 U.S.C. 285 et seq.) is program Congress enacted a decade (i) that meets such requirements as the Attor- amended by adding at the end the following: ago. The amendments we pass tonight ney General may establish; and will make certain that more Utahns (ii) is made by a person other than the indi- ‘‘SEC. 417C. GRANTS FOR EDUCATION, PREVEN- TION, AND EARLY DETECTION OF who were exposed to radiation during vidual filing the claim that attests to the em- RADIOGENIC CANCERS AND DIS- the Cold War can now be granted deployment history of the claimant. EASES. (f) LIMITATIONS ON CLAIMS.—Section 8 of the served compensation to recognize the ‘‘(a) DEFINITION.—In this section the term ‘en- injuries and hardship they and their Radiation Exposure Compensation Act (42 tity’ means any— U.S.C. 2210 note) is amended— ‘‘(1) National Cancer Institute-designated families have suffered. It will also (1) by inserting ‘‘(a) IN GENERAL.—’’ before cancer center; streamline the application process, ‘‘A claim’’; and ‘‘(2) Department of Veterans Affairs hospital making it easier for eligible claimants (2) by adding at the end the following: or medical center; to qualify. ‘‘(b) RESUBMITTAL OF CLAIMS.—After the date ‘‘(3) Federally Qualified Health Center, com- Mr. President, we our government of the enactment of the Radiation Exposure munity health center, or hospital; can never truly make right the unan- Compensation Act Amendments of 2000, any ‘‘(4) agency of any State or local government, ticipated illness and injury caused by claimant who has been denied compensation including any State department of health; or our Nation’s nuclear testing program. under this Act may resubmit a claim for consid- ‘‘(5) nonprofit organization. But we should do all we can, and it is eration by the Attorney General in accordance ‘‘(b) IN GENERAL.—The Secretary, acting with this Act not more than three times. Any re- through the Administrator of the Health Re- my fervent hope these amendments submittal made before the date of the enactment sources and Services Administration in con- show Congress’ commitment to right- of the Radiation Exposure Compensation Act sultation with the Director of the National In- ing a wrong in which the government Amendments of 2000 shall not be applied to the stitutes of Health and the Director of the Indian played such a substantial role. limitation under the preceding sentence.’’. Health Service, may make competitive grants to S. 1515 is aimed at improving a pro- (g) EXTENSION OF CLAIMS AND FUND.— any entity for the purpose of carrying out program which provides a measure of com- (1) EXTENSION OF CLAIMS.—Section 8 of the grams to— pensation to individuals who have sus- Radiation Exposure Compensation Act (42 ‘‘(1) screen individuals described under sec- tained illness due to radiation expo- U.S.C. 2210 note) is amended by striking ‘‘20 tion 4(a)(1)(A)(i) or 5(a)(1)(A) of the Radiation sure. These are fellow Americans who years after the date of the enactment of this Exposure Compensation Act (42 U.S.C. 2210 have suffered terribly from cancer and Act’’ and inserting ‘‘22 years after the date of note) for cancer as a preventative health meas- the enactment of the Radiation Exposure Com- ure; other debilitating diseases resulting pensation Act Amendments of 2000’’. ‘‘(2) provide appropriate referrals for medical from exposure to fallout and uranium (2) EXTENSION OF FUND.—Section 3(d) of the treatment of individuals screened under para- mining during this narrow period of Radiation Exposure Compensation Act (42 graph (1) and to ensure, to the extent prac- our history. U.S.C. 2210 note) is amended in the first sen- ticable, the provision of appropriate follow-up In meetings with constituents over tence by striking ‘‘date of the enactment of this services; the past several years, I have heard

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 12894 CONGRESSIONAL RECORD—SENATE June 28, 2000 countless heart-rending stories about ant’s application process tremen- sating individuals, but from instituting the devastating effects families have dously. Before, claimants had to search programs which will help families de- felt due to their exposure to radiation. for specific documentation that may tect potential illness earlier, allowing I recall so vividly one young woman in have never existed or was disposed of them to be treated more successfully St. George, Utah talking about the years earlier. and cost-effectively. From that con- ‘‘beautiful sky’’ that her mother called 7. In another important provision, versation was born the new prevention all the children outside to view, thus these amendments respect Native grant program, which I believe will exposing every family member to radi- American law in claims processing as prove to be extremely successful. ation. Tragically, many of those family it applies to survivor eligibility based Our nation has a commitment to the members were eventually diagnosed on law, tradition, and custom of a par- thousands who suffered ill-effects from with cancer. ticular Indian tribe (i.e. martial sta- radiation exposure during a period of Through advances in science, we now tus). nuclear testing critical to our Nation’s know so much more about the effects 8. While the bill retains the RECA’90 defense capabilities. I believe we have of that radiation than we did in the levels of compensation and does not an obligation to those who were in- late 1950s and 1960s. In fact, we know so alter the documentation requirements jured, especially since they were not much more today than we did in 1990 showing that a person was present dur- adequately warned about the potential when Congress passed the original coming the atomic testings, at the request health hazards involved in their expo- pensation program, the Radiation Ex- of Senator DASCHLE, the bill does ex- sure. posure Compensation Act. Our current tend compensation to a new group of This legislation was made possible by state of scientific knowledge allows us individuals: millers (and ore trans- a staunch group of bipartisan sup- to pinpoint with more accuracy which porters) who are also eligible for porters who have worked several years diseases are reasonably believed to be $100,000. to see these program modernizations related to radiation exposure, and that 9. In the case of millers, miners, and through. In particular, I want to thank is what necessitated the legislation we ore transporters, the bill lowers the my colleagues from the Beehive State, are considering today. amount of documented radiation from Representative CHRIS CANNON, a Judici- The RECA amendments of 2000 up- 200 Working Level Months (WLM) to 40 ary Committee member who worked so dates that 1990 law in a number of im- Working Level Months. If a miller or hard to get this bill through, and Sen- portant areas. Let me briefly take this ore transporter applies for compensa- ator BOB BENNETT, for his support on opportunity to summarize the improve- tion, their exposure documentation can this measure. ments to RECA that S. 1515 makes: be either proof of 40 WLM or one year Likewise, I want to thank a number 1. It expands the list eligible diseases documented employment. This is a big of other Senators for their help in pass- (leukemia) and other cancers eligible change, for with RECA 90, millers and ing this legislation—Senators BEN for compensation to include: lung; thy- ore transporters were not even eligible NIGHTHORSE CAMPBELL, JON KYL, and roid; breast (male and female); esoph- for compensation and miners were re- PETE DOMENICI, and Minority Leader agus; stomach; pharynx, small intes- quired to show proof of 200 WLMs. TOM DASCHLE and Senator JEFF BINGA- tine; pancreas; bile ducts; salivary 10. Miners and millers are eligible for MAN. All of these Senators assisted sub- gland; urinary bladder; brain, colon; compensation if they meet the eligi- stantially in developing this legisla- ovary; gall bladder, or liver in those bility criteria for lung cancer and tion. claimants referred to as ‘‘down- chronic lung diseases mentioned above I would be remiss if I did not thank winders’’ and onsite test participants. in #2. Millers are eligible for compensa- members of the Senate Judiciary Com- 2. It extends eligibility to other dis- tion if they develop renal cancers, mittee, and especially Senator PAT eases (non-cancers) including pul- chronic renal disease including nephri- LEAHY, for their help and cooperation monary fibrosis, silicosis and pneumo- tis and kidney tubal tissue injury. The on this issue. And, I want to pay spe- coniosis to millers and miners. compensation would be $100,000. cial tribute to my counterpart in the 3. It includes two new counties, 11. Finally, at the suggestion of sev- House, Chairman HENRY HYDE, as well Wayne and San Juan, as well as several eral Washington County, Utah con- as to Representative LAMAR SMITH, other counties from other states. stituents, the bill includes a new grant Chairman of the Subcommittee on Im- 4. It extends eligibility for compensa- program that will help with early de- migration and Claims. tion to include above-ground and open- tection, prevention and screening of Finally, I would also like to thank pit uranium mine workers, uranium radiogenic diseases. These programs the ranking member of the House Judi- mill workers, and individuals who will screen for the early warning signs ciary Committee, Representative JOHN transported uranium ore. Under the of cancer, provide medical referrals and CONYERS, Representative BARNEY 1990 law, only underground miners of educate individuals on prevention and FRANK, and Representative JOE SKEEN uranium were included. treatment of radiogenic diseases. The for their generous support and con- 5. In an important change, it elimi- grant program is designed to be avail- tributions toward the passage of this nates a distinction between smokers able to a wide range of community- bill. I would also be remiss if I did not and nonsmokers. While I appreciate the based groups, including cancer centers, mention the contributions made to this concern of government officials that hospitals, Veterans Affairs medical bill by Stewart Udall, whose substan- smokers who became ill could not rea- centers, community health centers and tial work on RECA and these amend- sonably attribute that illness to radi- state departments of health. ments should not go unnoticed. ation exposure, many constituents I am extremely grateful to the inter- I want to offer sincere appreciation have explained to me that it was vir- ested and concerned constituents who for the assistance and cooperation of tually impossible to provide reliable helped in the drafting of the RECA key staff, including Cindy Blackston of documentation about as to whether amendments. Many times, their heart- the House Judiciary Committee, Trudy they had smoked or not. Thus, I in- felt stories helped lead to provisions in Vincent of Senator BINGAMAN’s staff, sisted in this change so that claimants the legislation which can only help im- Peter Hansen and Mark Childress of no longer need to prove they were non- prove the program. For example, in one Senator DASCHLE’s staff, and Ed smokers. For many individuals, this meeting on the bill held in St. George, Pagano of Senator LEAHY’s staff. will ease the application process im- Utah, a woman explained to my office Also, I want to recognize the hard measurably. that the compensation program, while work by my own staff on this legisla- 6. It allows for certified physician/pa- well-intended, could never make fami- tion. I have often thought that the tient written documentation and ap- lies who had experienced radiation- probability of any bill passing by unan- propriate tests (e.g. CAT scans and caused illness whole again. She ex- imous consent is an inverse relation- MRIs) to be used in the verification of pressed her feeling that the greater ship to the number of hours spent de- a claim. This will also ease the claim- good could come not from compen- veloping it. This bill has been a long

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 June 28, 2000 CONGRESSIONAL RECORD—SENATE 12895 time in development. Dr. Marlon Priest While I believe we need to send this Mr. President, RECA was originally began the research phase for this bill legislation to the President imme- enacted in 1990 as a means of compen- over two years ago. Dr. David Russell diately, there is one issue I hope to ad- sating the individuals who suffered has brought the legislation to its com- dress as quickly as possible. The cur- from exposure to radiation as a result pletion. Pattie DeLoatche, Rob Fore- rent version of this legislation sets dif- of the U.S. government’s nuclear test- man, Shawn Bently, Troy Dow, Jean- ferent standards of eligibility for coming program and federal uranium min- nine Holt, and Patricia Knight have pensation for uranium millers and ura- ing activities. While the government worked tirelessly together on behalf of nium miners. Uranium millers must can never fully compensate for the loss this legislation. demonstrate that they worked in a of a life or the reduction in the quality And last, but not least, I want to mill for a year. However, miners must of life, RECA serves as a cornerstone thank the many constituents who of- demonstrate that they were exposed to for the national apology Congress ex- fered helpful suggestions to me as we 40 or more working level months of ra- tended to those adversely affected by worked to enact S. 1515. I have a tre- diation. Given that miners’ records the various radiation tragedies. In mendous appreciation for their deter- about their level of exposure have now keeping with the spirit of that apology, mination, dedication and hard work been lost, or were kept inaccurately, I the legislation the Senate is passing which was such a necessary part of believe we should set the one year today will further correct existing in- crafting this legislation. standard for both categories of work- justices and provide compassionate The Radiation Exposure Compensa- ers. Would the Senator from Utah compensation for those whose lives and tion Act Amendment of 2000 is an im- agree at the first available opportunity health were sacrificed as part of our portant piece of legislation which will to seek to amend this legislation to nation’s effort to win the Cold War. speed up the application process as well state that miners must simply dem- While this bill does not go as far as the as modernize the criteria for com- onstrate that they worked in a mine bill I originally introduced in the Sen- pensation, helping thousands of fellow for one year to be eligible to receive ate this Congress, I am pleased that we Utahns and other deserving Americans compensation? have been able to take these important who were injured by our nation’s nu- Mr. HATCH. I agree to work with the steps to begin to compensate our citi- clear development and testing pro- Democratic Leader. While we cannot zens for the sacrifices they made. grams. I am hopeful that President afford a delay in sending the current During the period of 1947 to 1961, the Clinton will sign this bipartisan bill bill to the resident, a strong argument Federal Government controlled all as- into law on a priority basis. can be made that both miners and mill pects of the production of nuclear fuel. Mr. DASCHLE. Mr. President, I am workers should have the same standard One of these aspects was the mining of delighted that the Senate is passing S. of eligibility for compensation. I will uranium in New Mexico, Colorado, Ari- 1515, the Radiation Exposure Com- work with the Senator in an expedi- zona, Wyoming and Utah. Even though pensation Improvement Act Amend- tious manner to address this issue and the Federal Government had adequate ments of 2000. I deeply appreciate the make any necessary amendment. knowledge of the hazards involved in hard work of my colleague, Senator Mr. DASCHLE. I thank my colleague uranium mining, these miners, many of and once again commend him for his HATCH, in developing this legislation whom were Native Americans, were and bringing it to this point. outstanding work on this issue. sent into inadequately ventilated Mr. LEAHY. Mr. President, I am Hundreds of former uranium workers mines with virtually no instruction re- pleased that the Senate is passing S. in South Dakota and thousands across garding the dangers of ionizing radi- 1515, the Radiation Exposure Com- the nation have developed cancer and pensation Act Amendments of 2000, and ation. These miners had no idea of other life-threatening diseases as a re- sending it to President Clinton for his those dangers. Consequently, they insult of their work producing uranium signature into law. I want to congratu- haled radon particles that eventually on behalf of the United States govern- late the Chairman of the Judiciary yielded substantial doses of ionizing ra- ment. Although the federal govern- diation. As a result, these miners have Committee, Senator HATCH, and the ment knew that this work put the Senator from New Mexico, Senator a substantially elevated cancer rate health of these men and women at risk, and incidence of incapacitating res- BINGAMAN, for their leadership on this it failed to take appropriate steps to bill. piratory disease. The health effects of warn or protect them. During the Senate Judiciary Com- uranium mining in the fifties and six- In 1990, Congress passed landmark mittee consideration of this legislation ties remain the single greatest concern legislation to compensate these indi- last year, I offered an amendment on of many former uranium miners and viduals. The legislation before us today behalf of Senator BINGAMAN to add the millers and their families and friends. takes critically-needed steps to amend category of renal disease affecting ura- In 1990, I was pleased to co-sponsor this act to make it easier for victims nium miners to the coverage of the Ra- the original RECA legislation to pro- to apply for and receive compensation. diation Exposure Compensation Act. I vide compassionate compensation to It also broadens the availability of am pleased to report that our amend- uranium miners. I believe that our ef- compensation by updating the list of ment has been retained in the final forts in 1990 were well intentioned but compensable diseases to take into ac- version of this legislation. I know that have not proven to be as effective as we count the latest science and by extend- Senator BINGAMAN sought higher com- had hoped in providing redress to those ing compensation to groups of workers pensation levels for radiation exposure individuals who suffered the effects of excluded from the original law. Most victims in his original legislation, but working in uranium mines or mills or importantly, it makes compensation has agreed to this bipartisan com- transporting the ore. The government available to workers in all states, in- promise to ensure the bill’s final pas- has the responsibility to compensate cluding my home state of South Da- sage into law this year and to expedite all those adversely affected and who kota. The original law limited com- compensation to radiation exposure have suffered health problems because pensation to workers in five states victims in New Mexico. they were not adequately informed of only, despite the fact that workers in I want to commend Senator HATCH the risks they faced while mining, other states faced identical cir- and Senator BINGAMAN for a job well milling, and transporting uranium ore. cumstances. done. Now we are getting ready to pass this It is critical that we pass this legisla- Mr. BINGAMAN. Mr. President, I rise comprehensive amendment to RECA to tion as quickly as possible in order to today with my colleague from Utah, correct omissions, make RECA con- provide these individuals with com- Senator HATCH, and others, to recog- sistent with current medical knowl- pensation. Many are sick, and unable nize we are passing S. 1515, which edge, and to address what have become to afford adequate health insurance. makes long overdue improvements to administrative horror stories for the This compensation will provide them the Radiation Exposure Compensation claimants. With passage of this bill, with vital assistance. Act of 1990. we’re now a Presidential signature

VerDate Aug 04 2004 11:03 Nov 01, 2004 Jkt 039102 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\BR00\S28JN0.003 S28JN0 12896 CONGRESSIONAL RECORD—SENATE June 28, 2000 away from offering compensation to Mr. BROWNBACK. Mr. President, I mediately follow the disposition of the thousands more uranium workers than now ask for its second reading, and I disclosure bill. ever. object to my own request. As a reminder, there is a finite list of Mr. President, the success of this bill The PRESIDING OFFICER. The ob- amendments to the Labor appropria- is due in large part to Paul Hicks, who jection is heard. tions bill. Those Senators who have stood up for uranium workers, and The bill will be read the second time amendments on the list should work strongly encouraged Congress to do the on the next legislative day. with the bill managers on a time to right thing by passing this bill. Paul f offer their amendments during tomor- was President of the Uranium Workers row’s session. Final passage on the bill ORDERS FOR THURSDAY, JUNE 29, of New Mexico, and his passing just is expected to occur by midafternoon. two months ago makes today’s action 2000 bittersweet. But I hope his family can Mr. BROWNBACK. I ask unanimous f take comfort in the fact that he made consent that when the Senate com- a tremendously positive impact on the pletes its business today, it stand in ADJOURNMENT UNTIL 9:30 A.M. lives of thousands of uranium workers. adjournment until 9:30 a.m. on Thurs- TOMORROW Mr. President, I am appreciative of day, June 29. I further ask that on all the hard work done on this bill by Thursday, immediately following the Mr. BROWNBACK. Mr. President, if Senator HATCH and others, and I hope prayer, the Journal of proceedings be there is no further business to come be- the President will sign this bill as soon approved to date, the morning hour be fore the Senate, I now ask that the as possible so that justice will be de- deemed expired, the time for the two Senate stand in adjournment under the layed no longer. leaders be reserved for their use later previous order. Mr. BROWNBACK. I ask unanimous in the day, and the Senate then resume There being no objection, the Senate, consent that the Senate agree to the consideration of H.R. 4762, the disclo- at 9:32 p.m., adjourned until Thursday, amendment of the House. sure bill under the previous order. June 29, 2000, at 9:30 a.m. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. f f f MEASURE READ FOR THE FIRST NOMINATIONS PROGRAM TIME—S. 2808 Executive nominations received by Mr. BROWNBACK. For the informa- Mr. BROWNBACK. Mr. President, I the Senate June 28, 2000: tion of all Senators, on Thursday the understand that S. 2808 is at the desk, DEPARTMENT OF DEFENSE and I ask for its first reading. Senate will resume consideration of the disclosure bill at 9:30 a.m. Under DONALD MANCUSO, OF VIRGINIA, TO BE INSPECTOR The PRESIDING OFFICER. The GENERAL, DEPARTMENT OF DEFENSE, VICE ELEANOR clerk will read the bill for the first the previous order, there will be clos- HILL. time. ing remarks on the bill with a vote on CORPORATION FOR PUBLIC BROADCASTING final passage to occur at approximately The bill clerk read as follows: KENNETH Y. TOMLINSON, OF VIRGINIA, TO BE A MEM- A bill (S. 2808) to amend the Internal Rev- 9:40 a.m. Under the order, a vote in re- BER OF THE BOARD OF DIRECTORS OF THE CORPORA- lation to the Frist amendment to the TION FOR PUBLIC BROADCASTING FOR A TERM EXPIRING enue Code of 1986 to temporarily suspend the JANUARY 31, 2006, VICE HENRY J. CAUTHEN, TERM EX- Federal fuels tax. Labor-HHS appropriations bill will im- PIRED.

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NATIONAL JUNETEENTH The Juneteenth Festival has grown to be a ovations of existing ones has always been left CELEBRATION vitally important part of not only Baltimore, but to the states and local school districts. And it African-American culture as well. True to tradi- should continue to be that way. HON. ELIJAH E. CUMMINGS tion, this year’s celebration proved to be as Instead, the Classroom Modernization Act is OF MARYLAND exciting as ever. responsible to the needs of the American tax- IN THE HOUSE OF REPRESENTATIVES I congratulate Juneteenth National Museum payer, our school boards, and our children. Tuesday, June 27, 2000 on a successful Juneteenth celebration! It is responsible to the American taxpayer f because it provides for a limited program Mr. CUMMINGS. Mr. Speaker, today I pay aimed at fulfilling the most important needs of tribute to the Juneteenth National Museum, lo- IN HONOR OF THE LATE WILLIAM America’s schools. We do not open the fed- cated in my home district of Baltimore, MD., SENQUIZ eral coffers to a broad, new—and potentially and in observance of the National Juneteenth very costly—construction plan. Celebration. HON. DENNIS J. KUCINICH It is responsible to our school boards be- On June 17–18, 2000, the Juneteenth Na- OF OHIO cause it doesn’t make promises the federal tional Museum held its 12th annual IN THE HOUSE OF REPRESENTATIVES government cannot keep. Instead of promising ‘‘Juneteenth’’ celebration commemorating the Tuesday, June 27, 2000 them new schools paid for with federal dollars, Emancipation Proclamation. Juneteenth is we are promising them assistance to meet generally celebrated on June 19, which is con- Mr. KUCINICH. Mr. Speaker, today I honor mandates and standards imposed on them by sidered as the day of emancipation from slav- the memory of William Senquiz on the tenth the federal government. ery of African-Americans in Texas. It was this anniversary of his death. Finally, it is responsible to our children be- day in 1866 that Union Major General Gordon William Senquiz was the first director of cause through this legislation, we will give Granger read General Order #3 to the people Esperanza, Inc., a non-profit organization special needs students access to school build- of Galveston, Texas, informing them of their which provides educational services to His- ings; we will make schools safer; and we will new status as free men. Since then, panic students from elementary school provide them with the resources they need to Juneteenth was celebrated in Texas, and through college. This organization, whose be ready to join the New Economy of the 2st quickly spread to other southern states, such name, Esperanza, means ‘‘hope’’ in Spanish, Century. as Louisiana, Arkansas, Oklahoma, and even- has given assistance to Hispanic students in To conclude, I want to thank Chairman tually the rest of the country. In addition to a the Greater Cleveland area since 1983. GOODLING, Chairman CASTLE, Mr. ISAKSON, festival, the celebration included the purchase William Senquiz, the first director of the pro- and the other Members who have worked to of lands or ‘‘emancipation grounds’’ by freed gram, was a native of Lorain, Ohio, and a put this legislation together. It was truly a col- slaves in honor of the celebration. On January graduate of Bowling Green State University. laborative process. 1, 1980, under the provisions of House Bill He died in June, 1990, at the young age of I want to urge all my colleagues to support No. 1016, the 66th Congress of the United 32. In his honor, Esperanza, Inc., along with this legislation. Thank you. States declared June 19th ‘‘Emancipation Day several other organizations, established the f in Texas,’’ making Juneteenth a legal state William Senquiz Endowment Fund in 1990 to holiday. realize Willie’s dream of establishing a fund H.R. 4365, THE CHILDREN’S Juneteenth is an important event in Balti- that would serve as a continual source of HEALTH ACT more that celebrates American history and his- scholarship funds for the Hispanic community. torical figures. The annual occurrence of Willie Senquiz was a mentor and teacher HON. J.D. HAYWORTH Juneteenth attracts people from across the whose deep commitment to the Hispanic OF ARIZONA state to downtown Baltimore in observance of youth in the Greater Cleveland area is an ex- IN THE HOUSE OF REPRESENTATIVES this event. Among the various festivities, the ample to us all. Tuesday, June 27, 2000 celebration included lectures on important his- My fellow colleagues, please join with me in torical figures and events, spoken word read- honoring William Senquiz’s memory on the Mr. HAYWORTH. Mr. Speaker, autism is a ings, and food venues that satisfied every tenth anniversary of his death. severe, lifelong neurological disorder that usu- taste imaginable. There were shopping oppor- f ally manifests itself in children during the first tunities for antique buffs, and a vast array of two years of life and causes impairment in lan- arts and crafts available for purchase. INTRODUCTION OF THE guage, cognition and communication. For over Attendees were able to tour the Underground CLASSROOM MODERNIZATION ACT forty years autism was thought to be an emo- Railroad site, the Mother Seton House, the tional disorder caused by trauma or bad par- Hampton National Park, Auburn Cemetery, HON. HOWARD P. ‘‘BUCK’’ McKEON enting. This tragic mistake resulted in the loss and Historic East Baltimore on one of the OF CALIFORNIA of an entire generation of children to medical Juneteenth van tours. Festivalgoers were also IN THE HOUSE OF REPRESENTATIVES progress. Now that we know that autism is, in able to see slave artifacts and collect the fact, a medical disorder for which medical Juneteenth commerative plates by Terra Tuesday, June 27, 2000 treatments and a cure can and will be found, Treasures. Stamp collectors appreciated the Mr. MCKEON. Mr. Speaker, today, I join we must devote appropriate resources. first Juneteenth Post Office cachet. with my other colleagues on the Education Autism is the third most common develop- Further, the Juneteenth festival also fea- and the Workforce Committee—Committee mental disorder to affect children, following tured a Sweet Potato Pie contest, folklore and Chairman BILL GOODLING, Early Childhood mental retardation and cerebral palsy. Autism street dance, a Musical Craft Show, Double Subcommittee Chairman MIKE CASTLE, and currently affects over 400,000 individuals in Dutch rope, and an Islamic Exhibit. Lastly, the JOHNNY ISAKSON—to introduce the Classroom the U.S. and I in every 500 children born festival would not be complete without the Modernization Act. today. Autism is more prevalent than Down sounds of gospel and jazz. The attendees I support this legislation because it is a rea- syndrome, childhood cancer or cystic fibrosis. celebrated the 100th anniversary of the Negro sonable and, more importantly, a responsible Because we currently don’t know what National Anthem ‘‘Lift Every Voice and Sing’’ solution to our nation’s school improvement causes autism, it is imperative that we seek a and the winner of the Billie Holiday Blues Con- and construction needs from a federal level. better understanding of its origins. Some be- test graced all with moving hymns. The building of new schools or the major ren- lieve passionately that vaccines cause autism.

● 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 Aug 04 2004 13:18 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR00\E28JN0.000 E28JN0 12898 EXTENSIONS OF REMARKS June 28, 2000 Some evidence links the disorder to environ- praised the Turkish Brigade for its courageous at how much more Mr. Woods will accomplish mental factors, as evidenced by autism ‘‘clus- battles and for ‘‘creating a favorable effect on in his future matches. ters’’. Others point to genetic causes, and still the whole United Nations Forces.’’ A U.S. Mr. Speaker, I ask you and our colleagues some others to a combination of the two. The radio commentary in December 1950 thanked to join me in congratulating Tiger Woods for bottom line is that we just don’t know. This il- the Turkish Brigade’s heroism for giving hope his outstanding accomplishments. America lustrates the need for a greater federal com- to a demoralized American nation. should be proud to have such a fine athlete mitment to epidemiological and basic clinical Although the Korean War is often called and such a fine citizen. research to get to the root cause of this dev- ‘‘the Forgotten War,’’ partly because it ended f astating developmental disorder. inconclusively with no real winner, the fierce I strongly support legislative efforts to im- combat ability of the Turkish Brigade should INTEREST RATE RESOLUTION prove surveillance of autism and enhance fed- never be forgotten. The 717 Turkish soldiers eral research to prevent, treat and one day killed in action, and the 2,413 wounded in ac- HON. JOHN ELIAS BALDACCI cure this developmental disorder. H.R. 4365, tion, represent the highest casualty rate of any OF MAINE the Children’s Health Act, would expand re- U.N. element engaged in the fighting. The IN THE HOUSE OF REPRESENTATIVES search and prevention activities in a number simple white grave markers in a green field Tuesday, June 27, 2000 of childhood diseases. near Pusan will eternally remind us of the he- Importantly, H.R. 4365 would help unravel Mr. BALDACCI. Mr. Speaker, I rise this roic soldiers of a heroic nation. evening to introduce a sense of the House the mystery of autism. This legislation would f create up to five Centers of Excellence for au- resolution with respect to interest rates. As we all know, the Federal Reserve Board tism. The bill would create a centralized and IN HONOR OF TIGER WOODS met today, and will meet again tomorrow, after open facility for gene and brain banking, which which we will find out if interest rates will rise is essential for scientific progress in autism. HON. DENNIS J. KUCINICH yet again, or remain at the current level. With H.R. 4365 would also develop an autism OF OHIO six increases over the last year, we have seen awareness campaign for the public and physi- IN THE HOUSE OF REPRESENTATIVES a significant rise in rates. I recognize the Fed- cians. Finally, it would bring together the re- Tuesday, June 27, 2000 eral Reserve is doing the best job it can to sources of NIH, CSC, and DHHS to attack the maintain the longest economic expansion in problem of autism. Mr. KUCINICH. Mr. Speaker, I rise today, to I look forward to working with my colleagues honor a living sports hero of our time. Having U.S. history by keeping any signs of inflation toward the enactment of this important legisla- entertained millions around the world with his in check. However, at this point I am con- tion and other measures that will help move incredible skill and superb sportsmanship, the vinced that any further increases could seri- us toward finding a cure for autism. great Tiger Woods has most certainly earned ously impact ordinary working Americans without providing any sort of benefit. f the title of American Sports Legend. With a record-breaking 15-shot win at the U.S. Open Recent economic reports suggest that the TURKEY IN THE KOREAN WAR last week, Tiger Woods once again amazed economy is slowing in response to prior rate the golf world. This latest victory is now added increases. Retail sales dropped in April and HON. JOHN P. MURTHA to the long list of accomplishments that Tiger May, unemployment increased in May, and OF PENNSYLVANIA has achieved in his very impressive career. new home starts have decreased by 10% IN THE HOUSE OF REPRESENTATIVES Tiger Woods showed himself to be an ex- since December. Just a few weeks ago, a number of our col- Tuesday, June 27, 2000 ceptional athlete from very early on. He has leagues sent a letter to the Federal Reserve had a remarkable beginning since becoming a Mr. MURTHA. Mr. Speaker, as someone urging the board not to raise interest rates at professional golfer in the summer of 1996. He who joined the Marine Corps during the Ko- their next meeting. They maintained that it has won an impressive 22 tournaments, with rean War, I’ve always felt strongly about our could ‘‘lead to an unnecessary and socially 16 of those being on the PGA Tour. Most allies in Turkey. damaging increase in unemployment without memorable was Tiger’s victory in the 1999 As we mark the 50-year anniversary of the any significant offsetting advantage.’’ PGA Championship and the 1997 Masters start of the Korean War on June 25th, the I agree with that sentiment. In addition to in- Tournament. With the latter, Tiger set yet an- Turkish military’s bravery and heroism deserve creased unemployment, it would raise bor- other record by becoming the youngest Mas- great praise. The Turkish Brigade dem- rowing costs yet again for working people and ters Champion in the history of golf; he was onstrated superior combat capability and cour- make it more difficult to purchase a home. 21 years old. age from the critical moment it entered the While I understand the Fed’s intent to engi- This, however, is not the only record Mr. battlefield in October 1950, through the cease- neer a ‘‘soft landing,’’ do we really need addi- Woods has set. His 21 victories at age 23 ex- fire agreement of July 1953. tional actions to slow the economy when it is ceed the career start of any other professional Turkey provided the fifth-largest military con- clear that is already occurring? As a follow up golfer. He won four consecutive PGA Tour tingent among United Nations forces—5,453 to the letter our colleagues sent to the Federal events to end 1999, and started the millen- soldiers at the peak of the war. The Turkish Reserve, I am introducing a resolution ex- nium off with a fifth straight victory. This streak Brigade is credited with saving the U.S. Eighth pressing the sense of the House that the has only been surpassed by two other golfers Army and the IX Army Corps from encircle- Board of Governors should take action to de- more than 50 years ago. And possibly even ment by communist enemies, and the 2nd Di- crease, or at a minimum not raise interest more impressive is the fact that in Tiger vision from total destruction during critical bat- rates further at this time. I think it’s important Woods’ last 21 PGA Tour starts, he has won tles in November 1950. that we send the Fed a message about the 12 of them. United Nations’ Forces Commander in Chief impact continued increases will have on work- But how can any of us forget the sight of General Douglas MacArthur said ‘‘The Turks ing families back in our districts. I hope you Tiger Woods this past weekend? As I watched are the hero of heroes. There is no impos- will join me in supporting this resolution. sibility for the Turkish Brigade.’’ Mr. Woods outshine his already astounding No enemy attack succeeded in penetrating performances, I felt inspired by his motivation, f the front of the Turkish Brigade, while British his spirit, and his poise. I must admit, how- RECOGNITION OF KOREAN WAR and American forces were forced to withdraw ever, that I was most impressed by his drive. VETERAN STAFF SERGEANT from defensive lines. Even though out of am- His drive not only to perform, but also his MIGUEL BACH munition, the Turks affixed their bayonets and drive on the ball. attacked the enemy, eventually in hand-to- In the words of Tom Watson ‘‘Tiger has HON. NYDIA M. VELA´ ZQUEZ hand combat. The Turks succeeded in with- raised the bar.’’ He has become, in the opin- OF NEW YORK ion of many, the best in professional golf. His drawing by continuous combat and carrying IN THE HOUSE OF REPRESENTATIVES their injured comrades from the battlefield on story illustrates the value of practice, hard their backs. work, and positive character. The most as- Tuesday, June 27, 2000 Among the twenty U.N. Members contrib- tounding idea, however, is that his story is Ms. VELA´ ZQUEZ. Mr. Speaker, today, on uting military forces in Korea, Time Magazine only beginning. America will watch in wonder the 50th anniversary of the day President

VerDate Aug 04 2004 13:18 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR00\E28JN0.000 E28JN0 June 28, 2000 EXTENSIONS OF REMARKS 12899 Harry S Truman ordered military intervention ational commander for recovery operations and asphalt plants and a successful burn ban in Korea, I honor the combat veterans of that after the onslaught of Hurricane Frederick. has been invoked during the summer season war. I would specifically like to recognize the More importantly, while there, he met and to decrease smog levels. Along with help from efforts of one of my constituents, Staff Ser- married the former Lisa Scott of Mobile, Ala- the public, these projects have been key fac- geant Miguel Bach, a highly decorated vet- bama. tors in Lake County’s continuous achievement eran. Returning to the Arctic, Captain Moore was in meeting state air quality standards. Visitors to our Nation’s Korean War Memo- stationed at Kodiak, Alaska. Following that, he There are thirteen official air basins in the rial, here in Washington DC will read a simple, moved to Air Station San Francisco where he state of California and the Lake County basin yet true phrase inscribed on the wall: ‘‘Free- deployed support to the Exxon Valdez cleanup is the only one which complies with all ten of dom is not free.’’ Few know the complete truth and responded to the San Francisco Bay Area the state standards and has been the only one of this quote so well as our veterans of the earthquake in 1988. able to do so on a consistent basis. By imple- Korean war. We owe them a debt of gratitude In 1994, he returned to Alaska, stationed at menting the Geyser’s Air Monitoring Program, which we can never repay. For these are the Coast Guard Air Station Sitka, the area to the Lake County Geyser industry has been men and women who risked their lives to de- which he and Lisa will return upon his retire- able to drastically reduce the naturally occur- fend the freedom of another country, and in ment. In 1996, he went south again, this time ring emissions of hydrogen sulfide gas, which doing so defended our own freedom. as chief of the Intelligence Division, Coast is a known air contaminant. Yet, these gey- I am very proud to represent the many vet- Guard Pacific Area in Alameda, California. He sers are still able to generate electricity for erans who reside in New York’s 12th District. came to South Texas in 1998, assuming com- nineteen power plants which themselves cre- Today, however, I would like to take a mo- mand of Group and Air Station Corpus Christi. ate enough electricity to power 880,000 ment to commemorate the valor of one of During his time in South Texas, he has homes. those veterans. Mr. Miguel Bach, who is one overseen a growth in the Coast Guard facili- Mr. Speaker, it is proper that we honor the of my constituents, is highly decorated veteran ties in Port Isabel/South Padre Island and was people, industries. and government of Lake of the Korean war. He served in Korea with the incident commander for Hurricane Brett County, California for their outstanding suc- the 7th Infantry Division and the 45th Infantry last year. cess in creating a healthy environment. They Division. While on active duty in Korea in De- He is highly decorated; his personal awards have been able to achieve standards of air cember of 1952, then Private First Class Bach for service include: 4 Coast Guard Com- quality which all communities should strive for. was wounded during a battle in North Korea. mendation Medals, 4 Coast Guard Unit Com- It is an honor for me to represent the people For this he was awarded the Purple Heart. He mendations, 6 Coast Guard Meritorious Unit of Lake County, first as their State Senator later attained the rank of staff sergeant. In ad- Commendations, a Navy Meritorious Unit and now as their Congressman. Through their dition to the Purple Heart, Staff Sgt. Bach has Commendation, 5 Humanitarian Service Med- efforts they have created a community which been awarded with the Silver Star, Legion of als and both the Arctic and Antarctica Service is both a safe and healthy place to live for all Merit and the Bronze Star for his service to Medals. Captain Moore has accumulated over its citizens. the Nation. 6,000 flight hours, and his flight accomplish- f This nation owes its many freedoms to the ments include instructor pilot and chief of the CATHOLIC PRIEST MURDERED IN thousands of men and women who have Training Division at the Aviation Training Cen- INDIA shown courage, such as that displayed by ter in Mobile, AL. Staff Sgt. Bach. I wish to personally thank I ask my colleagues to join me in com- HON. DAN BURTON each and every one of our combat veterans. mending this unique patriot as he and his wife OF INDIANA On this day I specifically wish to extend my leave South Texas for life as civilians in Alas- IN THE HOUSE OF REPRESENTATIVES warmest thanks to our veterans of the Korean ka. Tuesday, June 27, 2000 war and say how proud I am to represent Staff f Sergeant Bach and his many fellow Korean Mr. BURTON of Indiana. Mr. Speaker, a war veterans in New York’s 12th District. Our IN HONOR OF LAKE COUNTY, CALI- publication entitled the Burning Punjab re- Nation is forever in their debt. FORNIA’S TEN YEARS OF AIR ported recently that another priest was mur- f QUALITY dered in India on Tuesday, June 6, 2000 by TRIBUTE TO CAPTAIN DAVID militant Hindu fundamentalist extremists. He MOORE HON. MIKE THOMPSON was murdered in his mission near Mathura in OF CALIFORNIA the state of Uttar Pradesh. The priest, Brother IN THE HOUSE OF REPRESENTATIVES George, was a 35-year-old member of the HON. SOLOMON P. ORTIZ Borivili order. Tuesday, June 27, 2000 OF TEXAS According to reports, the killers locked up IN THE HOUSE OF REPRESENTATIVES Mr. THOMPSON of California. Mr. Speaker, Brother George’s servant, broke into his room, Tuesday, June 27, 2000 today I rise in honor of the outstanding envi- and beat him to death. The assailants quickly Mr. ORTIZ. Mr. Speaker, I rise to pay tribute ronmental achievements of Lake County, Cali- escaped following the brutal attack. Because to a special service officer, Captain David fornia. June 28th of this year will mark the the crime seems to form a pattern with a pre- Moore, commander of Coast Guard Group tenth consecutive year that the California Air vious incident in which a priest and two nuns and Air Station Corpus Christi, who retires this Resources Board has designated Lake County were beaten in their rooms in Kosi Kalan, week. as the only air district in California to attain all many people are beginning to believe that this Captain Moore is the model service officer state ambient air quality standards. This is a act was the work of Hindu nationalist militants for the Coast Guard. In addition to just being great accomplishment for Lake County, as the associated with a branch of the RSS, the par- an outstanding man, he deals squarely with State of California’s Ambient Air Quality ent organization of the ruling BJP. Several whatever comes up, and he is a tireless advo- Standards are far more stringent than Federal Christian organizations in India, including the cate for the United States Coast Guard and standards, which makes this accomplishment All-India Catholic Union, the United Christian the men and women who serve in his com- even more remarkable. Forum of Human Rights, and the All-India mand. The attainment of these air standards is a Christian Council, have lodged strong protests This Coastie from the heartland (Iowa) shared community achievement by the people about the incident with the government. They began his service with the U.S. Coast Guard of Lake County. The agencies, industries and also condemned the attempt by the National as a deck watch officer aboard the Coast individuals of this region have all contributed Human Rights Commission to minimize two Guard lcebreaker Glacier, deployed to both to the superior air quality of Lake County. violent incidents against Christians in April. the Arctic and Antarctica, where he developed There are many factors which have been in- Unless the National Human Rights Commis- a love of the earth’s polar regions. He later volved in Lake County’s success. All the best sion begins taking these incidents seriously, it earned his Naval aviator wings in Pensacola, available control technologies in the geo- unfortunately will be regarded as a puppet for FL. thermal, plastic fabrication and mining indus- the government. While stationed in Alabama, after his first tries have been implemented. There has been Mr. Speaker, just recently I informed my col- Coast Guard aviation tour, he was the oper- a massive retrofitting of older gasoline stations leagues that many people already believe that

VerDate Aug 04 2004 13:18 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR00\E28JN0.000 E28JN0 12900 EXTENSIONS OF REMARKS June 28, 2000 the March massacre of 35 Sikhs at Chatti THE CLASSROOM MODERNIZATION It is also important that internet wiring, im- Singhpora was the responsibility of govern- ACT OF 2000 provements in vocational and science labora- ment forces. In fact, two separate investiga- tories and equipment, and school facility ren- tions have already implicated Indian govern- HON. WILLIAM F. GOODLING ovations undertaken to comply with fire and ment counterinsurgency forces in that brutal OF PENNSYLVANIA safety codes should be allowable uses of massacre. IN THE HOUSE OF REPRESENTATIVES funds at the local level. Tuesday, June 27, 2000 Charter schools should also benefit signifi- If we discover that these recent crimes have cantly through CMA. Charter schools are pub- been committed by this group of BJP militants Mr. GOODLING. Mr. Speaker, today, I am lic schools established under state law. Al- or government forces, India will have much pleased to introduce, along with several of my though a relatively new concept, charter explaining to do to this Congress. In fact, they colleagues, the Classroom Modernization Act schools are making great strides in improving should be held accountable for all their sense- of 2000, otherwise known as the CMA. This and reforming public education. Initial reports less actions. For years, I have been providing legislation will provide the necessary federal show parental satisfaction is high, students this Congress with reports that the Indian gov- response to ensure that all children receive a are eager to learn, teachers are enjoying ernment has murdered over 250,000 Sikhs high-quality education in a safe, suitable, and teaching again, administrators are set free since 1984; 200,000 Christians in Nagaland fully equipped classroom. from bureaucratic red-tape, and more dollars since 1947; more than 65,000 Kashmiri Mus- Research shows that academic performance are getting to the classroom. lims since 1988; and tens of thousands of As- suffers when students are in school buildings Unfortunately, charter schools have faced samese, Manipuris, Tamils, and Dalits. that are below par. Safety code violations, out- roadblocks in financing the construction and dated science equipment, inadequate voca- acquisition of school facilities. Often those As a result, I still believe we should cut off tional education laboratories, environmental U.S. development aid to India until it respects states that do allow charter schools do not hazards, structural impediments to personal provide a dedicated funding stream for capital the hurpan rights of its people. Also, if we are safety, and facilities that are not user friendly looking for terrorism in South Asia, why are improvements or new construction for charter for disabled students, can all adversely affect schools. The bill I am introducing today rem- we completely ignoring India? Finally, we the degree to which students learn. edies this situation by assisting with the infra- should openly support self-determination for Joining me today in the introduction of CMA structure expenses of charter schools. the people of Christian Nagaland, of Khalistan, are three Members of the Committee on Edu- CMA provides flexibility in the use of funds of Kashmir, and all the other nations seeking cation and the Workforce who have been infor charter schools. Specifically, as an incen- their freedom from India. volved from the beginning in developing the tive for states to direct funds to charter We must make it clear that oppression in legislation. Representatives ISAKSON, CASTLE, schools, the bill does not require a match for India must end and all people in South Asia and MCKEON have devoted considerable time federal funds directed toward charter school must enjoy freedom. This pattern of oppres- and effort to this initiative, and the results bear infrastructure activities. As an incentive for their imprints. sion of Christians, Sikhs, Muslims, and other states to operate a state guaranteed loan pro- I have said repeatedly that the primary re- minorities is not going to end until America, gram in which charter schools participate, sponsibility for school construction is and CMA allows states to retain funds for the ad- the only superpower in the world, takes a should remain at the state and local level. In ministrative costs of operating such a pro- strong stand and makes it clear to India that FY 1995, President Clinton chose to rescind gram. these actions are not acceptable, especially in funds that Congress appropriated for the I ask my colleagues in the House to take a a country that claims to be democratic. school construction program authorized in the look at the Classroom Modernization Act of Elementary and Secondary Education Act. In I am placing the article from Burning Punjab 2000 and consider it as a carefully measured FY 1996, the administration did not request into the RECORD. approach to dealing with school facilities. any construction funds, and Department of [From the Burning Punjab News, June 7, Education budget documents stated: 2000] f The construction and renovation of school CATHOLIC PRIEST MURDERED IN HIS MISSION facilities has traditionally been, the respon- INTRODUCTION OF THE HOME sibility of state and local governments, fi- CLASSROOM MODERNIZATION ACT nanced primarily by local taxpayers; we are New Delhi—A Catholic priest was mur- opposed to the creation of a new federal dered in his mission home near Mathura in grant program for school construction. . . . HON. JOHNNY ISAKSON Uttar Pradesh last night, All-India Catholic No funds are requested for this program. . . . OF GEORGIA Union (AICU) alleged here. Quoting informa- For the reason explained above, the Adminis- IN THE HOUSE OF REPRESENTATIVES tion from Archbishop of Agra Diocese Vin- tration opposes the creation of a new federal cent Concessao, AICU said in a statement grant program for school construction. Tuesday, June 27, 2000 that ‘‘brother George, a 35-year-old member However, I have come to believe that the Mr. ISAKSON. Mr. Speaker, I am pleased to of the Borivili order, was found battered to federal government can provide a measured join Chairman Goodling as a co-sponsor the death in Nevada in the Adviki post area on response to this urgent need without usurping Classroom Modernization Act of 2000 to pay the Mathura bypass.’’ The Union also alleged state and local decision-making. That is ex- for federally mandated construction cost and that though there were no indications about start-up costs for charter school construction. the motives, the crime seemed to follow the actly what the Classroom Modernization Act pattern of violence at Kosi Kalan earlier this does. It assists states and local educational For years, the Federal Government has year in which a priest and two nuns were as- agencies, including charter schools, with the passed construction-related mandates on to saulted and their rooms ransacked. ‘‘Early expenses of federal statutory requirements local school boards for everything from asbes- information said some persons, still to be and priorities relating to infrastructure, tech- tos removal and handicap access, to special identified, entered the house, locked up the nology, and equipment needs. education classrooms and IDEA related cost. servant, and then entered George’s room. Specifically, it provides assistance to states Each requirement has failed to include a sin- They beat him up till he was dead and then and local schools to help them comply with gle dollar of federal money. Our proposal will escaped in the night,’’ the statement said. federal statutory and regulatory requirements. fund these unfunded mandates and free up Besides AICU, other church and human Increasingly, states and school districts are local dollars for school improvement. rights groups, including the United Christian finding that they must spend local funds on The $150 Million dollars for start-up charter Forum for Human Rights and the All-India federal mandates. The CMA would help allevi- school related construction cost would be Christian Council, lodged strong protests ate that burden. It is only proper that the fed- meaningful in expanding new charter school with the Government on the violence. The church groups also condemned the alleged eral government provide financing for such ac- applications, and for more private sector and attempt by the National Commission for Mi- tivities as facilities modifications in order to parental involvement in local schools. Both the norities, which sent a team to Mathura and comply with the Americans with Disabilities White House and the Congress have verbally Agra in April to probe the attacks on Chris- Act, and asbestos removal from school build- promoted the public charter school movement, tians, to ‘‘trivialise’’ the violence in its re- ings in order to comply with the Asbestos and now we are making a meaningful financial port. School Hazard Abatement Act. commitment to charter schools.

VerDate Aug 04 2004 13:18 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 0634 E:\BR00\E28JN0.000 E28JN0 June 28, 2000 EXTENSIONS OF REMARKS 12901 HONORING TROOPER RODNEY allel. They continue to bravely defend freedom THE KOREAN-AMERICAN ASSOCIA- GOODSON for South Korea and the world. They remind TION OF GREATER NEW YORK us of the bravery and sacrifice made by the HON. JIM SAXTON men and women in our Armed Forces 50 HON. GARY L. ACKERMAN OF NEW JERSEY years ago. OF NEW YORK IN THE HOUSE OF REPRESENTATIVES We should take time out of every day to IN THE HOUSE OF REPRESENTATIVES Tuesday, June 27, 2000 thank all veterans for the service they have Tuesday, June 27, 2000 given to our nation. I hope, however, that we Mr. SAXTON. Mr. Speaker, I rise today to will make a special effort to thank our Korean Mr. ACKERMAN. Mr. Speaker, it is my honor Trooper Rodney Goodson for per- veterans and mark the contribution they made pleasure to bring to the House’s attention the forming above and beyond the call of duty. to defeat communism 50 years ago. 40th anniversary of the Korean-American As- While on duty at the Red Lion Barracks, Mr. sociation of Greater New York, a community Goodson witnessed a traffic accident on a f institution representing the interests, hopes busy highway. One of the cars involved in the and dreams of thousands of Korean-Ameri- accident began to spin uncontrollably. Mr. CONGRATULATING LARRY AND cans. Mr. Speaker, the Korean-American com- Goodson attempted to stop the circling auto- SALLY QUIST munity in New York epitomizes the American mobile but was unsuccessful. He then ran dream. after the still spinning car, and reached Decades ago, thousands of immigrants, through the broken drivers side window in HON. GEORGE RADANOVICH fleeing from war, poverty and desolation came order to steer the vehicle. When this too OF CALIFORNIA to our nation’s gateway of opportunity: New failed, Mr. Goodson steered the damaged car York City. Without knowing the language, with- IN THE HOUSE OF REPRESENTATIVES into his own. out great wealth, but with strong family ties, In honor of this heroic achievement, Mr. Tuesday, June 27, 2000 robust community support and countless hours Goodson received the Prosecutor’s Com- of hard work, Korean-Americans, like waves of mendation award at the PROCOPS Banquet Mr. RADANOVICH. Mr. Speaker, today I immigrants before them have taken root and on May 18. congratulate Larry and Sally Quist, as they thrived in America. Mr. Speaker, please join me in commending celebrate their 50th wedding anniversary. Critical to their success was their ability to Mr. Goodson for his heroism, above and be- Larry and Sally Quist were married on July 9, organize themselves for mutual support and yond the call of duty. He risked his life to pro- 1950. assistance. At the heart of the Korean-Amer- tect the lives of others. In doing so, he has Larry met Sally (previously Sally Doering) ican community’s efforts were organizations brought pride to his family, his community, and while he was attending Western State College like the Korean-American Association of his country. in Gunnison, Colorado. At the time, Sally was Greater New York. Beginning in 1960, the Ko- f still in high school in Montrose, Colorado. She rean-American Association of Greater New later attended Western State College on a York has helped Korean immigrants in learn- PERSONAL EXPLANATION music scholarship. ing English, organizing themselves within the Larry, a retired World War II Navy veteran, blue-collar industries where they were able to HON. JIM RYUN was a Park Service naturalist and manager. find work, registering to vote, and developing OF KANSAS He retired from the Western Region at San youth and government outreach programs. IN THE HOUSE OF REPRESENTATIVES Francisco after 33 years of service. While em- Now, as is obvious to anyone who travels in Tuesday, June 27, 2000 ployed with the Park Service, Larry was sta- the New York metropolitan area, second gen- Mr. RYUN of Kansas. Mr. Speaker, flight tioned at Black Canyon National Park, Carls- eration Korean-Americans have moved into delays and cancellations from Chicago yester- bad Caverns National Park, Hot Springs Na- every branch and comer of American life and day June 26th caused me to be absent for tional Park, and Zion National Park. He was have succeeded beyond the wildest expecta- several rollcall votes. Had I been present, I also the Superintendent of Stones River Na- tions of their ancestors, who came to this would have voted yes on rollcall vote 322, no tional Battlefield. Larry was the first Park Su- country with so little in tangible goods, but with on rollcall vote 323, yes on rollcall vote 324, perintendent at Herbert Hoover National His- a wealth of determination and perseverance. As we recalled so recently, on the anniver- yes on rollcall vote 325, yes on rollcall vote toric Site. He served as head of public rela- sary of the Korean War, Korea and the United 326 and yes on rollcall vote 327. tions for Yosemite National Park from 1969 to States are joined inseparably by a bond of al- f 1971. After his work with Yosemite, he moved to the Park Service Western Region in San legiance formed in war and bound in the blood RECOGNIZING THE 50TH ANNIVER- Francisco and continued to work in public rela- of the fallen soldiers of both nations. Similarly, SARY OF THE KOREAN WAR tions. Korean-Americans, whose presence here in the United States is tied with the great tragedy Sally Quist, a stay-at-home mom, left West- of that war, remember the great sorrow of the HON. ROBIN HAYES ern State College to join Larry when he began war for Korea together with an immeasurable OF NORTH CAROLINA working with the Park Service. Since moving appreciation for their adopted homeland. The IN THE HOUSE OF REPRESENTATIVES to the San Francisco Bay area, both she and courage and loyalty of the American soldier in Larry have been heavily involved in philan- Tuesday, June 27, 2000 answering the Republic of Korea in its hour of thropic support of Sunny Hills Retirement Mr. HAYES. Mr. Speaker, I want to recog- need is now matched by the devotion of Ko- Home in Marin Country, near their home in nize the many veterans from the 8th District rean-Americans to this nation. Novato. and across North Carolina who served in the Just as the Republic of Korea and its rela- Korean War. June 25 marks the 50th anniver- Among the Quists’ many joys are their sons tions with the United States have flourished sary of the Korean War, which is also called Kirt and Kris. Kirt is a retired Army officer, who and grown stronger in the years since the war, ‘‘the forgotten war’’ by many historians. has become a successful insurance and fi- so too the Korean-American community has On June 25, 1950 Communist forces in- nance executive near Chicago, Illinois. He and prospered and given back to this nation dou- vaded South Korea and two days later, Amer- his wife, Lynn, have two sons, Kyle and Kevin. ble what they have received. Nowhere is this ican military forces were called to intervene. Kris is the head curator for the State of Cali- fact more obvious than in New York. Over the next 3 years, there would be a tre- fornia Parks in Monterey, California. He and I am honored, therefore, to pay tribute in mendous toll of sacrifice: 5.72 million Ameri- his wife, Andrea, have a daughter, Lily, and a this House to the Korean-American Associa- cans answered the call to service, more than son, Jameson. tion of Greater New York and its president, 92,000 were wounded; 54,260 Americans Mr. Speaker, I congratulate Larry and Sally Sie Jong Lee, for their critical role in the suc- died; and 8,176 were either prisoners of war Quist as they celebrate their 50th wedding an- cess of the Korean-American community. I or missing in action. niversary and I urge my colleagues to join me would also like to recognize all the current offi- Last year, I had the opportunity to visit with in wishing them many more years of happi- cers of the Association, Yong Sang Yoon, our troops who are stationed at the 38th Par- ness. Jeong Ho Kim, Bok Ja Chang, Heon Gae Lee,

VerDate Aug 04 2004 13:18 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR00\E28JN0.000 E28JN0 12902 EXTENSIONS OF REMARKS June 28, 2000 Jay Joonseok Oh, Piljae Im, Hyun Woo Han, nomic benefits to the agriculture and transpor- facturers in the area of eCommerce. It also Myung Sook Chun, Daehong Kim, Mi Kyung tation industries. completely eliminates funding for NIST’s Ad- Choi, Young-Joo Rhee, and Bo Young Jung, A shortfall that directly impacts researchers vanced Technology Program, which has and to wish them all the best of success in the in my district is in rent and related costs for helped develop high-risk technologies with sig- decades to come. the new NOAA research facility in Boulder. nificant commercial potential through cost- f This facility, which became fully occupied in shared projects. These funding decreases—at May of 1999, consolidates all of the six NOAA a time when we have all acknowledged the DEPARTMENTS OF COMMERCE, laboratories and two NOAA data centers in the important role that technology has played in JUSTICE, AND STATE, THE JUDI- Boulder area. The $1.5 million increase is driving our current prosperity—make no to CIARY AND RELATED AGENCIES needed to fund the incremental charges as- sense. APPROPRIATIONS ACT, 2001 sessed by the General Services Administration The bill also has other serious short- (GSA) for space, above standard utilities, comings. It does not provide adequate funding SPEECH OF maintenance and security. A failure to provide for the Legal Service Corporation, the Justice HON. MARK UDALL this requested amount will result in a reduction Department’s Civil Rights Division, and the OF COLORADO in NOAA’s Boulder base programs of approxi- Equal Employment Opportunities Commission. IN THE HOUSE OF REPRESENTATIVES mately 5 percent, which will impact key pro- It does not do enough for community-based grams in climate, weather research and data crime prevention. It also fails to provide Monday, June 26, 2000 collection management. I hope that this over- enough for coastal protection or for manage- The House in Committee of the Whole sight will be corrected as the appropriations ment of fishery resources. House on the State of the Union had under process moves toward. Finally, the bill cuts $240 million from inter- consideration the bill (H.R. 4690) making ap- I am also concerned about funding for the national peacekeeping efforts, denying funding propriations for the Departments of Com- National Polar-orbiting Operational Environ- for UN missions in Africa, including Sierra merce, Justice, and State, the Judiciary, and mental Satellite System (NPOESS), a program Leone, Congo, Ethiopia, Eritrea, Angola, and related agencies for the fiscal year ending that will replace two aging environmental sat- Western Sahara. In supporting funding for September 3, 2001, and for other purposes: ellite systems currently operated by NOAA peacekeeping, I am not necessarily endorsing Mr. UDALL of Colorado. Mr. Chairman, this and DOD. any single peacekeeping mission. However, is a very important bill for the country and for The Committee cut NPOESS by $6.6 million we have a responsibility to pay our fair share Colorado. I would like to be able to support it. from the request, but did include favorable lan- to the troop-contributing countries, and we However, I cannot vote for it as it stands guage in its report, noting that ‘‘the NPOESS shouldn’t abrogate that responsibility. In addi- now, for a number of reasons. program should be the first priority for any re- tion, I find it unfathomable that the Committee For one thing, I am very concerned about programming of funds.’’ A failure to provide would ask us to place an upper limit on this the bill’s funding for the National Oceanic and adequate funding for NPOESS would greatly funding even though we can’t know a year in Atmospheric Administration. jeopardize the U.S. ability to provide reliable advance whether hostilities in different parts of NOAA operates six of its twelve Environ- meteorological support to NOAA for weather the world will result in peace agreements re- mental Research Laboratories in Colorado, forecasting, to NASA for its science mission, quiring UN peacekeepers. and my own hometown of Boulder has the and to support the Department of Defense’s For all these reasons, I cannot support the largest concentration of NOAA research Fed- combat forces. This cut would also result in a bill. eral staff in one area—300—as well as the loss of as many as 70 jobs in my district, f largest concentration of university staff funded where Ball Aerospace is deeply engaged in by NOAA research. So, NOAA is very impor- the NPOESS program. I am hopeful that A TRIBUTE TO LORNA MCNEILL, tant for Colorado. NPOESS will be fully funded in the course of MISS NORTH CAROLINA 2000 Funding for NOAA in this bill is $113 million the appropriations process. below this year’s levels, and fully $530 million I am also concerned about the bill’s provi- HON. MIKE McINTYRE below the levels of the request. These cuts sions for the National Institute of Standards OF NORTH CAROLINA will have a devastating effect on NOAA’s abil- and Technology. NIST also has a laboratory in IN THE HOUSE OF REPRESENTATIVES ity to maintain a top quality scientific workforce Boulder, where a staff of about 530 scientists, Tuesday, June 27, 2000 and to conduct crucial research into climate engineers, technicians, and visiting research- change and weather phenomenon. ers conduct research in a wide range of chem- Mr. MCINTYRE. Mr. Speaker, today I pay In particular, the Committee has rec- ical, physical, materials, and information tribute to Lorna McNeill who was recently ommended a cut of $34 million to NOAA’s Of- sciences and engineering. Their worthwhile crowned Miss North Carolina 2000. A native of fice of Oceanic and Atmospheric Research contributions to NIST’s work cannot continue Saddletree Township which is near Lum- (OAR) from this year’s levels. OAR’s dedi- at funding levels that are 34 percent below the berton, in my home county of Robeson, cated scientists forecast solar storms and con- numbers for fiscal 2000. Lorna’s recent accomplishment is a source of duct research activities into diverse atmos- NIST’s laboratories in Boulder have a back- immense pride throughout our county and all pheric phenomenon such as air pollution, cli- log of critically needed repairs and mainte- of southeastern North Carolina. She is also mate change, hurricanes and tornadoes. A cut nance, approaching $70 million. As technology the first Lumbee Indian to win the title of Miss of $34 million would result in layoffs of 10 per- advances, the measurement and standards re- North Carolina. cent of OAR’s workforce, and the elimination quirements become more and more demand- The American historian, James Truslow of 41 university positions that NOAA currently ing, requiring measurement laboratories that Adams, once said, ‘‘Seek out that particular supports through research grants. In addition are clean, have reliable electric power, are mental attribute which makes you feel most to these workforce reductions, the vital re- free from vibrations, and maintain constant deeply and vitally alive, along with which search projects that these staff are engaged in temperature and humidity. Most of the NIST comes the inner voice which says, ‘This is the will be delayed or terminated while other na- Boulder labs are 45 years old, many have de- real me,’ and when you have found that atti- tions move forward with these important sci- teriorated so much that they can’t be used for tude, follow it.’’ With decision, dedication, and entific endeavors. the most demanding measurements needed determination, Lorna has followed her heart The Appropriations Committee also failed to by industry, and the rest are deteriorating rap- and mind and become Miss North Carolina provide funding for several key research initia- idly. Every day these problems go 2000. tives that are important to this country’s future. unaddressed means added costs, program Lorna is a woman of decision who trusts in For example, NOAA had requested $28 million delays, and inefficient use of staff time, but the her instincts, her deeply-rooted religious be- for a Climate Observations and Services Initia- bill eliminates the very modest fiscal 2001 re- liefs, and the guidance of her wonderful par- tive to make the transition from climate request to begin to address the maintenance ents in setting her goals. She is a woman of search to climate forecasting. Improving our and construction needs. decision who is always looking for ways to forecasts of the future climate, including sea- The bill also insufficiently funds NIST initia- help others. She is a woman of decision who sonal predictions and even into future dec- tives for eCommerce, nanotechnologies, com- always asks, ‘‘How can I best serve my com- ades, would result in billions of dollars in eco- puter security, and assistance to small manu- munity?’’

VerDate Aug 04 2004 13:18 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR00\E28JN0.000 E28JN0 June 28, 2000 EXTENSIONS OF REMARKS 12903 Lorna is a woman of dedication who does funded more than 104,000 officers. Commu- service at last year’s level. That is simply un- not rest on her laurels. A winner of the first nity policing is a crime fighting strategy that acceptable. pageant she entered at the age of 15—Miss encourages law enforcement to work in part- Every American in this country relies upon St. Pauls—and subsequent crowns of Miss nership with the community to solve crime the weather service—at times to provide infor- Lumbee in 1994, Miss Fayetteville in 1998, problems. Mr. Chairman, this is a proven mation that is vital to save lives and property. and Miss Topsail Island in 2000, Loma has crime fighting initiative that has worked in my Weather Service programs cost each taxpayer kept the fire and energy alive to reach her district and throughout the nation. a few dollars per year—a modest price to pay dream of Miss North Carolina. She is a COPS is making a difference in our schools. for the protection of life and property. woman of dedication who provides a positive Many communities are discovering that We have entered hurricane season. The example for all to follow. A woman of dedica- trained, sworn law enforcement officers as- gentleman’s amendment would cut funding tion who has served as a substance abuse signed to schools make a difference. The from the operations budget of the Hurricane counselor with the Palmer Drug Prevention presence of these officers provides schools Center in Miami and from other critical weath- Program in Lumberton, Lorna will now inform with on-site security and a direct link to local er prediction centers around the country. Base young people all across North Carolina of the enforcement agencies. operations at the 121 weather forecast offices danger of drugs and alcohol. Community policing officers typically perform around the country also would be impaired by Finally, Lorna is a woman of determination: a variety of functions within the school. From this cut. This is simply too high a price to pay. a woman determined to make a difference, a teaching crime prevention and substance- As the gentleman knows, the Administration woman of determination who understands that abuse classes to monitoring troubled students included $15 million for The PRIME Technical we face challenges that will define our future, to building respect for law enforcement among Assistance Grants in its budget request. I am a woman of determination who knows that we students, School Resource Officers combine certain there are many Members who share must address these challenges, a woman of the functions of law enforcement and edu- the gentleman’s desire to see this program determination motivated by the hope of mak- cation. funded, however it should not be funded by ing life better for all. These funds will allow the COPS program to cutting funds from corps programs of the Na- Personally, my family and I have come to award grants to add up to 7,000 officers to our tional Weather Service. know and love Lorna over the last few years. nation’s streets and to provide added safety in f She sang when I first announced I was run- our schools. These funds will be used to equip ning for Congress on September 25, 1995, in law enforcement with 21st century tools to DEPARTMENTS OF COMMERCE, Lumberton’s Downtown Plaza, and she also fight 21st century crime. Grants will be used to JUSTICE, AND STATE, THE JUDI- sang during my announcement for re-election invest in interagency information networks, CIARY, AND RELATED AGENCIES on October 2, 1997. More recently, my wife, technology centers, ballistics testing, DNA re- APPROPRIATIONS ACT, 2001 Dee, and Lorna have been ‘‘working out’’ to- search and backlog reduction, crime lab en- SPEECH OF gether at a local fitness center for the last six hancement, and crime mapping and analysis. months, leading up to her recent coronation. Mr. Chairman, my district is comprised of HON. MICHAEL E. CAPUANO Lorna and Dee have even been taking boxing cities like Watts and Compton which struggle OF MASSACHUSETTS together under the same instructor, Staff Sgt. to meet the demands of crime fighting. While IN THE HOUSE OF REPRESENTATIVES Andrew Baker, who is retired from the U.S. the rest of the nation is experiencing unprece- Monday, June 26, 2000 Army. dented drops in crime, our nation’s urban cen- Mr. Speaker, Lorna often uses the words of ters are being left behind. I want to urge my The House in Committee of the Whole Pastor Robert Schuller when speaking before colleagues to support this amendment which House on the State of the Union had under young people on the importance of achieving provides additional funding for a program that consideration the bill (H.R. 4690) making ap- their dreams—‘‘If it’s gonna be, it’s up to me.’’ has truly taken a bite out of crime. propriations for the Departments of Com- merce, Justice, and State, the Judiciary, and Lorna, thank you for fulfilling those words f through your decision, your dedication, and related agencies for the fiscal year ending September 30, 2001, and for other purposes: your determination. We wish you continued DEPARTMENTS OF COMMERCE, success, and may God’s strength, peace and JUSTICE, AND STATE, THE JUDI- Mr. CAPUANO. Mr. Chairman, I rise in sup- joy be with you as you begin your reign as CIARY, AND RELATED AGENCIES port of my amendment to the FY 2001 Com- Miss North Carolina 2000 and as you compete APPROPRIATIONS ACT, 2001 merce-Justice-State Appropriations bill to help for the title of Miss America! address the area code crisis that we are fac- SPEECH OF f ing in America. Since 1995, we have added HON. JERRY F. COSTELLO 95 new area codes in the United States. At DEPARTMENTS OF COMMERCE, our current pace, some estimate that we will OF ILLINOIS JUSTICE, AND STATE, THE JUDI- run out of area codes entirely as early as IN THE HOUSE OF REPRESENTATIVES CIARY, AND RELATED AGENCIES 2007. If we run out of available numbers, your APPROPRIATIONS ACT, 2001 Monday, June 26, 2000 constituents will foot the estimated $150 billion bill. SPEECH OF The House in Committee of the Whole House on the State of the Union had under The problem is not that there aren’t enough HON. JUANITA MILLENDER-McDONALD consideration the bill (H.R. 4690) making ap- numbers out there, it’s that tens of thousands OF CALIFORNIA propriations for the Departments of Com- of numbers are being unused. Unfortunately merce, Justice, and State, the Judiciary, and IN THE HOUSE OF REPRESENTATIVES companies have been forced to take numbers related agencies for the fiscal year ending in blocks of 10,000—even if they were only Thursday, June 22, 2000 September 30, 2001, and for other purposes: going to use a handful of the numbers. The Ms. MILLENDER-MCDONALD. Mr. Chair- Mr. COSTELLO. Mr. Chairman, I regret hav- rest of the numbers just sit unused. man, I rise in support of the amendment of- ing to oppose this amendment offered by my In Massachusetts, the problem has become fered by Representatives LOWEY, MCCARTHY, good friend colleague from Illinois. While I ap- quite large in the last few years. In 1998, we DELAURO and STABENOW. This amendment preciate what the gentleman is trying to do, I added two new area codes in the state—781 would increase by $150 million the bill’s ap- cannot support a reduction of $15 million dol- and 978—for a total of five area codes. At the propriation for the Community Oriented Polic- lars in the National Weather Service budget. time, we were assured that these new codes ing Service (COPS) program. The COPS pro- This bill does not provide sufficient funding would last for many years and we wouldn’t gram adds officers to the beat, enhances for many valuable programs, and it fails to have to go through this disruptive process crime-fighting technology, and supports crime provide any funding for many others. The again. Unfortunately, less than two years later, prevention initiatives. funding level provided in the bill for NOAA, we were informed that these new codes were The COPS program is a Clinton/Gore initia- which administers the National Weather Serv- running out of numbers already and that we tive that has been successful in adding cops ice is already $500 million below the Adminis- would have to add four new codes in Eastern to the beat and advancing community policing tration’s request and the gentleman’s amend- Massachusetts alone. Now the area code in nationwide. To date, the COPS program has ment would essentially level fund the weather Western Massachusetts is also in jeopardy. If

VerDate Aug 04 2004 13:18 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR00\E28JN0.000 E28JN0 12904 EXTENSIONS OF REMARKS June 28, 2000 we add all of these new codes, we’ll have ten would do so, it is important that Members un- August of last year—to reprogram CIPA funds area codes in a state that had only three derstand what we are doing to the UN and our to pay our assessments. This is not new codes less than five years ago. own foreign policy in the bill. My amendment money; State is only asking to shift existing While the FCC has recently moved to re- would increase the account by $241 million, funds. The Committee’s failure to approve the duce the amount of numbers companies can up to the President’s request of $739 million. $225 million in reprogrammings is preventing take from 10,000 to 1,000, the same compa- That level would allow the United States to the payment of $93 million in bills the United nies will not have to fully comply with the pay its anticipated Fiscal Year 2001 assess- States has already received. order until 2002. The wireless providers have ments for United Nations Peacekeeping. Full So while the Committee blocks the payment an even longer time to make this change. My funding includes the four missions in Africa of $93 million in current bills for UN missions amendment asks the Commission to look at that the current funding level and language in in East Timor, Sierra Leone, and Congo, we the possibility of shortening the timeline for the the Committee report restrict—Sierra Leone, now propose to underfund CIPA by $240 mil- implementation of this order. If we wait for two Congo, Ethiopia/Eritrea, and Western Sahara. lion in FY 2001. The resulting shortfalls in more years, we may have added dozens of Unfortunately, the Rules Committee failed to peacekeeping funds will require a peace- new area codes that are not needed. protect the amendment. keeping supplemental early next year. In light of the Committee’s failure to fund this year’s The amendment also offers several other BILL IMPAIRS U.S. FOREIGN POLICY suggestions that I believe the FCC should peacekeeping supplemental, this bill is one The CIPA account enables the United step in creating a new arrears problem. consider as they produce this study. These in- States to meet its treaty obligation to pay its clude encouraging states and telecommuni- BILL UNDERMINES UN REFORM assessed share of UN peacekeeping mis- The timing for these shortfalls could not be cations companies to work together on rate sions. The severe underfunding of CIPA in the center consolidation plans. Some believe that worse. Our representatives to the UN are at- bill impairs the conduct of American foreign tempting to negotiate reductions in our United the number of rate centers in certain areas is policy in four important areas: (1) it restricts significantly contributing to the overall area Nations assessment rate. Those reductions re- our foreign policy options; (2) It threatens to quire other nations to increase their own as- code crisis. While I know this is a complicated create new United Nations arrears; (3) It un- sessments. The accrual of new arrears will se- issue, and there may be valid concerns about dermines our efforts to reform the United Na- verely undermine our negotiating position at a the cost, the Commission should study the tions; and (4) it sends the unfortunate mes- critical time. issue closely. sage that Africa doesn’t matter to this body. CONCLUSION In addition, my amendment asks that the The bill freezes CIPA funding at last year’s Mr. Chairman, it is crucial to our foreign pol- FCC address the issue of technology-specific level of $498 million. International peace- icy in general, and specifically toward Africa, area codes reserved for wireless/paging serv- keeping cannot and should not be dictated by that we fully fund our obligations to United Na- ices or data phone lines. As more and more an arbitrary freeze level. History shows that tions Peacekeeping missions. As this legisla- Americans take advantage of the new tech- the account fluctuates dramatically in re- tion advances in the process, I will continue to nologies available, more and more telephone sponse to world events. It was over $1 billion work to meet those obligations and to remove numbers must be set aside for these services. in FY 1994, but only $210 million in FY 1998. the restrictions on missions in Africa. There may be an opportunity to ease the num- Rather than provide the flexibility to respond to f bering problem by reserving specific area unpredictable foreign affairs, the Committee codes for these new technologies. asserts control of the United States’ vote at DEPARTMENT OF VETERANS AF- If none of these suggestions offer a real so- the UN Security Council. FAIRS AND HOUSING AND URBAN lution to the problem, my amendment asks COMMITTEE ASSERTS CONTROL OF SECURITY COUNCIL DEVELOPMENT, AND INDE- that the Commission study the costs and tech- VOTE PENDENT AGENCIES APPROPRIA- nological problems of adding an additional Two mechanisms in the legislation ham- TIONS ACT, 2001 digit to existing phone numbers. This should string our actions in the Security Council: SPEECH OF focus on any potential ways to minimize the (1) The Committee report directs the State impact and cost on consumers and the busi- Department to ‘‘live within’’ the arbitrary $498 HON. JAMES H. MALONEY ness community. million funding level and to ‘‘take no action to OF CONNECTICUT Mr. Chairman, I believe this is a common- extend existing missions, or create new mis- IN THE HOUSE OF REPRESENTATIVES sense amendment to help us deal with the sions for which funding is not available.’’ (2) Tuesday, June 27, 2000 area code crisis. We must act quickly to ad- The report spells out the missions for which dress this issue. I urge my colleagues to sup- funding is not available—the four UN peace- The House in Committee of the Whole port this amendment. House on the State of the Union had under keeping missions in Africa: Sierra Leone, consideration the bill. (H.R. 4635) making ap- f Congo, Ethiopia/Eritrea, and Western Sahara. propriations for the Departments of Vet- DEPARTMENTS OF COMMERCE, The funding level and report language could erans Affairs and Housing and Urban Devel- JUSTICE, AND STATE, THE JUDI- well have the effect of directing U.S. vetoes in opment, and for sundry independent agen- the Security Council. The State Department cies, boards, commissions, corporations, and CIARY, AND RELATED AGENCIES offices for the fiscal year ending September APPROPRIATIONS ACT, 2001 would have to veto the missions listed, as well as any other unforeseen missions that are 30, 2001, and for other purposes: Mr. MALONEY of Connecticut. Mr. Chair- SPEECH OF considered by the UN Security Council. man, I rise to express my concern about the BILL LIMITS FOREIGN POLICY OPTIONS deep cuts in the Veterans Administration- HON. JULIAN C. DIXON This bill handicaps our nation’s ability to re- Housing and Urban Development—Inde- OF CALIFORNIA spond to international crisis by removing IN THE HOUSE OF REPRESENTATIVES pendent Agencies (VA–HUD) Appropriations United Nations multilateral action as a policy bill for Fiscal Year 2001. This legislation not Monday, June 26, 2000 option. In many cases such a multilateral re- only slashes funds for programs that have en- sponse is the most attractive option. We only hanced economic development and improved The House in Committee of the Whole pay 25 percent of the cost of UN peace- House on the State of the Union had under housing in Connecticut and the 5th Congres- consideration the bill (H.R. 4690) making ap- keeping missions. And we have no troops in- sional District, but also short changes our na- propriations for the Departments of Com- volved in the four missions in Africa blocked tion’s veterans and NASA programs. My sup- merce, Justice, and State, the Judiciary, and by this bill. Without the multilateral option, our port for the VA/HUD Appropriations bill is con- related agencies for the fiscal year ending policy makers are left to choose between uni- ditioned on a conference agreement that in- September 30, 2001, and for other purposes: lateral action and inaction. creases funding for HUD, the Veterans Admin- Mr. DIXON. Mr. Chairman, I requested that IMPACTS ON UN ARREARS istration and NASA. the Rules Committee waive points of order The underfunding of CIPA in this bill com- If allowed to stand, the cuts to HUD pro- against my amendment to increase appropria- pounds fiscal year 2000 shortfalls and threat- grams will have a significant impact on the tions for the Contributions for International ens to create new UN peacekeeping arrears. State of Connecticut and on my own congres- Peacekeeping Activities (CIPA) account. While The Committee currently has requests pend- sional district, affecting both economic devel- I had few illusions that the Rules Committee ing from the State Department—some from opment initiatives and a variety of housing

VerDate Aug 04 2004 13:18 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR00\E28JN0.000 E28JN0 June 28, 2000 EXTENSIONS OF REMARKS 12905 services. The Republican budget cutters have The Commerce-Justice-State Appropriations ing violence experienced by the Christian mi- dug deep into initiatives that have proven track Act cuts funding for international peace- nority in Egypt. The Committee urges Egypt to records of success. There is simply no reason keeping efforts by $241 million below the expedite the investigations of the murders of to reduce our efforts to provide economic de- President’s request. That is a 33 percent cut 2000 and 1998 in Al-Kosheh, and of the 1998 velopment for our towns and cities in the form in an essential international program. These interrogations.’’ of Brownfields monies and Community Devel- funds must be restored. Mr. Speaker, it is a fact that Egypt is a valu- opment Block Grants (CDBG) funds. By doing Peacekeeping operations play an important able ally and has greatly helped U.S. efforts to so, we will set our communities and our role in the maintenance and establishment of advance peace in the Middle East. It is also a economies backwards, rather than spur them peace and stability in many parts of the world. fact that Christians in Egypt, especially Coptic forward. In Cyprus, United Nations peacekeepers pre- Christians, face ongoing violence and are in My colleagues, the VA/HUD Appropriations vented two NATO allies from going to war. In need of full protection of the Egyptian Judicial legislation cuts funding for key NASA pro- El Salvador, peacekeepers helped bring a system. The worst of these outbreaks is the grams. Specifically, the bill that passed the long and bloody civil war to an end. In Israel, murder of 21 persons in January, 2000 in the House reduces aerospace technologies by peacekeeping operations on the Golan town of Al-Kosheh, just a few weeks after I $322 million as well as cutting $60 million for Heights helped preserve the peace between visited Egypt with three other Members of Human Space Flight. This shortsighted action Israel and Syria. Congress. jeopardizes our country’s leadership in space I am particularly concerned about the situa- My report language expresses the concern and our national security. Unless NASA fund- tion in the Democratic Republic of the Congo. of the Committee about this violence and ing is restored in conference, this legislation The war that erupted in the Congo in August urges Egypt to expedite investigations regard- should not pass this Congress. of 1998 has been a widespread and destruc- ing this incident but also of events in 1998 in I supported this bill because it contains an tive conflict, involving forces from several dif- the same small town. There were two murders increase of $2.6 billion from last year funding ferent countries. The peacekeeping efforts of in 1998 and allegations of brutal interrogations for the Department of Veterans Affairs. The the United Nations are essential to bring by the Police, 1014 Christians were arrested House-passed budget for the Department will peace and stability to the Congo and the en- and interrogated. President Mubarak ordered an investigation go a long way toward helping our nation care tire Great Lakes Region of Africa. Once peace of these arrests, and in August of 1999, 129 for its veterans. For example, I am encour- and stability have been established, the persons were interviewed within the course of aged that the House provided $20.3 billion in Congo may begin to develop its natural re- two days. The interviewing process lapsed funding for veterans medical care in Fiscal sources, invest in health and education for its and then resumed in October of 1999. To Year 2001. This is an increase of $1.3 billion people, improve its infrastructure, pursue eco- date, only 400 of those 1014 persons have over last year’s funding. Funding totaling $351 nomic development and participate in mutu- been interviewed. That figure includes the million for veterans medical and prosthetic really-beneficial trade with the United States. 129. A conclusion of the investigation likely search also increased by $30 million from last There are conflicts all over the world that would suggest the dismissal or prosecution of year. Our veterans’ cemeteries at the national threaten peace and stability. These conflicts several members of the Egyptian police. There and state levels were funded fairly as well. interfere with development and result in un- However, we need to do more for our vet- is precedent for such action. imaginable suffering and countless violations When tourists were killed in Luxor, the reac- erans. There are a number of underfunded of internationally recognized human rights. tion of Cairo was swift and decisive, including areas that require our attention. These include They also interfere with international trade and the appointment of a new Minister of the Inte- resources for veterans’ extended care facilities eliminate markets for American goods and rior, who oversees the police. That sent a and for the benefits they deserve. It is also es- services. They often cause significant in- powerful message throughout the country, and sential that the Congress find additional fund- creases in international refugee flows and ille- Egypt is currently a very safe country to visit. ing to improve VA facilities across the country. gal immigration into the United States. They The great majority of Muslim citizens of Egypt I supported the VA/HUD Appropriations bill threaten the lives of American citizens trav- are law-abiding and desire peace. I am afraid for Fiscal Year 2001 because it restores badly eling abroad. that because of concerns about possibly ener- needed funds for the Veterans Administration. Peacekeeping allows the international com- gizing extremist Muslim groups to the point of I urge all of my colleagues to join me in work- munity to attempt to restore peace, protect ci- violence, Cairo is reluctant to prosecute Mus- ing to reverse the housing, CDBG, economic vilians and promote stability and development. lims when there are incidents of violence development and NASA cuts in this bill. If this Support for and participation in peacekeeping against Christians. important funding is not restored, I reserve missions allow the United States to promote Christians face a range of legal challenges judgment on a Conference agreement on the American values. In countries experiencing in- and are in need of protection from violence. final version of the bill. I urge you to do the ternal conflicts, peacekeeping is an essential Since there is no stated government policy of same. ingredient in the restoration of democracy. discrimination, it is reasonable for Christian f Peacekeeping is a critical investment in our citizens to expect full justice from their courts, DEPARTMENTS OF COMMERCE, national security. just as Muslim citizens do. JUSTICE, AND STATE, THE JUDI- The cost of peacekeeping is small, and the Mr. Speaker, I suggest that the taxpayers of CIARY, AND RELATED AGENCIES benefits are tremendous. I urge my colleagues the United States would be more than happy APPROPRIATIONS ACT, 2001 to support the Jackson amendment and re- to see some of their aid to Egypt used to pay store funding for peacekeeping. for additional personnel or equipment which SPEECH OF f would expedite these investigations and lead to the prosecution of any found persons found HON. MAXINE WATERS INVESTIGATION OF MURDERS IN guilty of torture or other violations of civil OF CALIFORNIA AL-KOSHEH, EGYPT rights. I am especially concerned that IN THE HOUSE OF REPRESENTATIVES Shayboub William Arsal has been falsely ac- Monday, June 26, 2000 HON. ROBERT B. ADERHOLT cused and sentenced to 15 years hard labor The House in Committee of the Whole OF ALABAMA even though the only two witnesses recanted House on the State of the Union and under IN THE HOUSE OF REPRESENTATIVES their testimony and stated that their original accusations were coerced. consideration the bill (H.R. 4690) making ap- Tuesday, June 27, 2000 propriations for the Departments of Com- In accordance with Egypt’s strategic alliance merce, Justice, and State, the Judiciary, and Mr. ADERHOLT. Mr. Speaker, today in a with the United States, the Foreign Operations related agencies for the fiscal year ending meeting of the House Appropriations Com- Subcommittee agreed to the President’s re- September 30, 2001, and for other purposes: mittee to consider the Foreign Operations, Ex- quest to expedite a portion of Egypt’s military Ms. WATERS. Mr. Chairman, the Jackson port Financing, and Related Programs Appro- aid. The adoption of these two sentences by amendment would restore funding for inter- priations bill for Fiscal Year 2001, I added the the Full Committee in the Report expresses national peacekeeping in the Commerce-Jus- following Report language to the paragraph the expectation of the Appropriations Com- tice-State Appropriations Act for Fiscal Year about U.S. financial aid to Egypt: ‘‘Neverthe- mittee that Egypt will make progress on these 2001. less, the Committee is concerned about ongo- important human rights matters.

VerDate Aug 04 2004 13:18 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00009 Fmt 0689 Sfmt 0634 E:\BR00\E28JN0.000 E28JN0 12906 EXTENSIONS OF REMARKS June 28, 2000 HONORING THE CERKVENIK at the Democratic Study Group; Peter served achieved a stellar reputation, but they made FAMILY on the Mountain Iron City Council; Steve was certain that the synagogue remained a unique elected to the School Board; and Gary and his and special place to worship, learn and con- HON. JAMES L. OBERSTAR wife Kim both worked in my congressional of- gregate. OF MINNESOTA fice. Gary was also elected to the St. Louis In addition to his character, intelligence and IN THE HOUSE OF REPRESENTATIVES County Board and Kim ran for Lieutenant Gov- hard work, Rabbi Rubinstein successfully ac- ernor of Minnesota. complished so much at Valley Beth Israel be- Tuesday, June 27, 2000 In addition to Kim, other spouses who have cause he was able to apply lessons learned Mr. OBERSTAR. Mr. Speaker, I am very joined the Cerkvenik family have participated from an impressive and diverse background. pleased to honor a remarkable family in my actively in politics and government, including He graduated as a rabbi and teacher with a congressional district: the Cerkvenik family, Ann Mulholland who worked for the Demo- Master’s Degree in Hebrew Literature in 1959. who will celebrate their heritage on July 6th, cratic Congressional Campaign Committee He entered the Air Force Chaplaincy as a First 2000, with a gathering on the Mesabi Iron and on Paul Simon’s presidential campaign, Lieutenant in the same year and his first as- Range in Northeastern Minnesota. The and Kathleen Murray who has worked on signment was in Ankara, Turkey. His next as- Cerkvenik family had its beginnings in the Re- Mayor Richard Daley’s campaigns. On the signment was Kessler Air Force Base in Biloxi, public of Slovenia in northwestern Yugoslavia. Iron Range in Mountain Iron, Tony and his Mississippi where he became involved in the As the people of Slovenia celebrate their ninth wife Mitzi opened a grocery store and meat civil rights movement. There, at a clergy con- year of independence from Yugoslavia this market which has continued under Frank and ference, he joined with Dr. Martin Luther King, week, it is an appropriate time to recognize his family. For nearly 40 years, Cerkvenik’s Jr. in singing ‘‘We Shall Overcome’’ in Hebrew the people of Slovenia and those of Slovene Super Market has been known for great and English. ancestry in the United States. I am delighted meats, good service, and a fair trade. Most After Biloxi, he left the military chaplaincy to that the Cerkvenik family is preparing to honor importantly, it became a center of political and take a civilian pulpit. Between 1964 and 1972, their Slovene ancestral roots next week. social life in Mountain Iron. when he joined Valley Beth Israel, he served Anton Cerkvenik was born in the small vil- Other descendants continue to make their as the spiritual leader at synagogues in lage of Vreme Britof on March 4, 1876, in a unique marks on our country. One Cerkvenik Mattawan, New Jersey and Scottsdale, Ari- large pink stucco house, which his grandfather family member, Barrett, graduated from West zona. He and Miriam, his loving wife and part- Joseph built in 1790. The family called it the Point and helped negotiate the START treaty. ner of forty-three years, have raised five won- House of Jelovsek. Joseph’s daughter, Maria, Others are business owners, computer spe- derful and accomplished children. married Matije Cerkvenik, son of Jacob, and cialists, bus drivers, teachers, lawyers, design- We are honored today to ask our colleagues from this union six children were born—a girl, ers, advertisers, civil servants, biologists, and to join with us in saluting Rabbi Rubinstein for Mary, and five boys, Matije, Franc, Joze, mothers and fathers. Together, they are a his dedicated service and tireless leadership. Pavel, and Anton. When Maria married Matija, proud Slovene family who have not forgotten We wish him good health and every joy in his the name of the house changed to the House their roots and heritage. retirement. of Cerkvenik. It held this distinction for over Now there are four generations of Cerkvenik f 100 years until Stanka Cerkvenik married and descendants in the United States of America. the name changed to that of her husband and They are truly part of the unique fabric of lives PASSING THE CONSERVATION AND the house then became known as the House and histories that make America the richest REINVESTMENT ACT of Milavec. and most vibrant nation in the world. As they Anton had a great love of adventure, which gather on Minnesota’s Iron Range this July, I HON. JOHN D. DINGELL led him astray from his homeland to the coffee salute the Cerkvenik family for their invaluable OF MICHIGAN fields of Brazil. He later returned to the army contributions to this great land of ours. IN THE HOUSE OF REPRESENTATIVES in Yugoslavia and immigrated to the United f States. From Ellis Island, he traveled to Moun- Tuesday, June 27, 2000 tain Iron, Minnesota, where he worked in the TRIBUTE TO RABBI MORRIS Mr. DINGELL. Mr. Speaker, today one of iron ore mines. He lived in a boarding house RUBINSTEIN my hometown newspapers, the Detroit Free owned by John and Agnes Simonich who be- Press, published the following editorial urging came his best friends and godparents to his HON. HOWARD L. BERMAN the other body to pass H.R. 701, the Con- children. He met and married Johanna Intihar servation and Reinvestment Act (CARA). As OF CALIFORNIA at the Simonich boarding house. She came to my colleagues know, the House approved the United States from Strajesce, near HON. HENRY A. WAXMAN CARA last month by an overwhelming bipar- Cerknica, Slovenia, in 1906. She was the OF CALIFORNIA tisan margin. daughter of Franc and Ursula Sevc Intihar IN THE HOUSE OF REPRESENTATIVES The House bill may not be perfect, but who had five other children—John, Ursula, clearly it is a strong foundation for a landmark Tuesday, June 27, 2000 Niza, Mary, and Frank. Anton and Johanna conservation bill. The other body should pro- had nine children, Anton, Mary, Ann, Florence, Mr. BERMAN. Mr. Speaker, today my col- ceed expeditiously so as not to let this once- Frances, Frank, Amelia, Rose, and Edward. league, Mr. WAXMAN, and I pay tribute to an in-a-generation opportunity pass us by. Anton built a house in the Costin location of extraordinary individual and good friend, Rabbi [From the Detroit Free Press, June 27, 2000] Mountain Iron, where the family had a large Morris Rubinstein, who was honored this Sun- LAND PLAN garden, farm, and animals. All helped pick day by the Valley Beth Israel Synagogue for blueberries, can garden vegetables, and put his twenty eight years of dedication, leader- WORTHWHILE CONSERVATION ACT STUCK IN COMMITTEE up wood for heat and cooking. Every child re- ship and service. The occasion will mark his ceived a good education and graduated from retirement and will be celebrated with a ‘‘gala The country’s best chance in a century to commit to conservation is staring it in the Mountain Iron High School. Most went on to farewell dinner’’ attended by family, friends face, and yet the means to make it happen college to become professionals in their work, and congregants. may not survive the U.S. Senate. which ranged from teachers to nurses, and to Throughout Rabbi Rubinstein’s forty-one The Conservation and Reinvestment Act, become outstanding members of their commu- year rabbinical career he has demonstrated— which provides hundreds of millions of dol- nities. Ed and Frank served in World War II, through both his words and his deeds—an un- lars for land acquisition and recreation as did Rose, a civilian radio instructor. wavering commitment to Torah and Mitzvos. projects nationwide, sits in committee, The Cerkvenik family has a strong tradition For the past twenty-eight years, we in the San where it landed after the House passed it by of public service in northern Minnesota; sons Fernando Valley have been blessed by his a 3–1 margin. The full Senate seems likely to approve CARA, if it gets sprung from the Anton and Frank served the City of Mountain leadership, guidance, knowledge and under- committee. Iron as Clerk and Mayor; the next generation standing. He and his wife Miriam created a The act does not require any new money to of Cerkveniks has also continued to serve the family-like atmosphere for all of the Valley fund it. Rather it is the revival of a decades- state of Minnesota and the country. Second Beth Israel congregants. Together they not old promise that royalties from oil and gas generation members Paul worked in Congress only helped insure that Valley Beth Israel drilling on federal property would go toward

VerDate Aug 04 2004 13:18 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00010 Fmt 0689 Sfmt 0634 E:\BR00\E28JN0.000 E28JN0 June 28, 2000 EXTENSIONS OF REMARKS 12907 land preservation. In the meantime, the otherwise would be unable to continue to de- tin Sanmaniego, Tony Astorga, Eduardo Delci, money has been used to help mask the coun- velop new friendships and remain a vital force Armando Flores, and Hilda Ortega-Rosales. try’s deficit-spending habit, a maneuver in their community, either because they lack Special Recognition: Margie Emmermann, that’s no longer needed and ripe for Congress Cesar E. Chavez, Silvestre Herrera, Eugene to fix. transportation or appropriate places to meet, Some Western-state senators in key posi- can reconnect with the world and continue to Brassard, Manuel ‘‘Lito’’ Pena, Jr., Raul tions see CARA as a federal land grab, al- contribute their considerable talents to the Lopez, Jess Torres, and Lorraine Lee. though only a sixth of the money would go community. The benefits of the community in- Manuel Ortega Young Leaders Award: toward federal purchases, and acquisitions volvement and services offered by the East Marisa Calderon. would require the consent of both the owner Harris County Senior Citizens to the lives of This year’s recipients are: Eduardo ‘‘Lalo’’ and Congress. Far more would get funneled the elderly are immeasurable. Guerrero for Hall of Fame; Norma Guerra, Joe to the states, to set their own balance be- Mr. Speaker, at a time when America is Elias and Lucia Madrid for Exemplary Leader- tween buying land and improving existing ship; Isabel Gonzales for the Manuel Ortega public spaces. aging and our parents are growing older, it is One of CARA’s most exciting aspects, in imperative that programs such as the East Young Leaders Award; and John Valenzuela, fact, is the ability to focus on smaller Harris County Senior Citizens exist to nurture a South Tucson police officer who lost his life projects than the federal government nor- and support the elderly. Our elderly are a tre- in the line of duty, who is posthumously re- mally would, including urban green spaces, mendous asset and a source of great talent ceiving Special Recognition. walkways and small slices of important habi- and inspiration. I commend the East Harris Each of the Profiles of Success recipients tat. For those with visions of a walkable County Senior Citizens, Commissioner have stood out in the Latino community and riverfront in Detroit, or selective preserva- Fonteno and all the volunteers for their good demonstrated uncommon courage against tre- tion of natural spots in the path of develop- mendous odds. Words like dedication, integrity ment, CARA is a dream come true—if the works and for the organization’s great con- senators controlling its fate will set it free. tributions to the community, and I celebrate and compassion are synonymous with their with them in honor of their 25 years of public names. Profiles of Success is the Latino com- f service. munity’s opportunity to honor these cham- HONORING HARRIS COUNTY COM- f pions. Therefore, Mr. Speaker, I ask you and MISSIONER JIM FONTENO AND my colleagues to join me in congratulating the THE EAST HARRIS COUNTY SEN- PROFILES OF SUCCESS HISPANIC Profiles of Success winners and extending IOR CITIZENS LEADERSHIP AWARDS them best wishes. f HON. KEN BENTSEN HON. ED PASTOR DEPARTMENTS OF COMMERCE, OF TEXAS OF ARIZONA JUSTICE, AND STATE, THE JUDI- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES CIARY, AND RELATED AGENCIES Tuesday, June 27, 2000 Tuesday, June 27, 2000 APPROPRIATIONS ACT, 2001 Mr. PASTOR. Mr. Speaker, I rise to recog- Mr. BENTSEN. Mr. Speaker, today I honor SPEECH OF Harris County Commissioner Jim Fonteno and nize a special event in the State of Arizona, the East Harris County Senior Citizens, which the Annual Profiles of Success Hispanic Lead- HON. JOE KNOLLENBERG celebrates its 25th anniversary this month. ership Awards presentation. This special event OF MICHIGAN The East Harris County Senior Citizens pro- is Arizona’s most prestigious Latin Awards IN THE HOUSE OF REPRESENTATIVES gram, which Commissioner Fonteno built from event. The luncheon is held in conjunction Monday, June 26, 2000 the grassroots up, is a truly unique organiza- with National Hispanic Heritage Month and co- tion that has touched the lives of thousands of ordinated by Valle del Sol, Inc., a community- The House in Committee of the Whole seniors in the eastern portion of Harris Coun- based organization in Phoenix. This year House on the State of the Union had under marks the 10th anniversary for Profiles of Suc- consideration the bill (H.R. 4690) making ap- ty, Texas for a quarter of a century. I com- propriations for the Departments of Com- mend Commissioner Fonteno for starting this cess. merce, Justice, and State, the Judiciary, and vital program, and as we celebrate its anniver- Award recipients are selected for their sus- related agencies for the fiscal year ending sary, we also celebrate the career of Fonteno tained service over a period of years. They September 30, 2001, and for other purposes. himself, the ‘‘Dean’’ of the Commissioners’ are considered for significant time devoted to Mr. KNOLLENBERG. Mr. Speaker, I would Court, who, after 25 years, recently an- activities, services or issues beyond work or like to include in the RECORD for the Com- nounced that he will retire in 2002. family responsibilities; challenges met by the merce/State/Justice Appropriations bill a letter The East Harris County Senior Citizens nominee that were unusual; motivating others with legislative history of the Clean Air Act re- began in 1975, when the then newly-elected through personal commitment and/or exem- ported by Congressman JOHN DINGELL who Precinct Two Harris County Commissioner Jim plary performance; creativity in devising new was the Chairman of the House Conference Fonteno offered his vision to create a program and better ways of performing volunteer as- on the Clean Air Act amendments of 1990. No to give back to area seniors. His vision, in- signments or meeting the needs of the com- one knows the Clean Air Act like Congress- spired by his desire to give the people ‘‘what munity; and leadership and betterment of the man DINGELL. they asked for and what they needed,’’ was to community through undertakings that have He makes clear, and I quote, ‘‘Congress create a vehicle to deliver programs and serv- wide impact on a large number of people. has not enacted implementing legislation au- ices to thousands of senior citizens and vet- In the last 10 years, Profiles of Success thorizing EPA or any other agency to regulate erans in the community. Despite the awards have been conferred in four categories greenhouse gases.’’ naysayers who claimed it couldn’t be done, upon the following individuals: October 5, 1999. Fonteno’s inspiration grew into a self-sup- Hall of Fame: Honorable Raul Castro, Maria Hon. DAVID M. MCINTOSH, portive, nonprofit organization that now boasts Luisa Urquides, Adam Diaz, Bennie M. Chairman, Subcommittee on National Economic more than 350 senior citizens groups within its Gonzales, Dr. Maria Vega, Ruben Perez and Growth, Natural Resources, and Regulatory boundaries. With the help of private organiza- Silvestre Herrera, a Congressional Medal of Affairs, Committee on Government Reform, tions and many community partners and vol- Honor recipient. Washington, DC. unteers, the East Harris County Senior Citi- Exemplary Leadership: Toni-Maria Avila, DEAR MR. CHAIRMAN: I understand that you zens program is a model for the nation, and Rosie Lopez, Dr. Eugene Marin, Clara Ruiz have asked, based on discussions between our is still growing strong. Engel, Roger C. Romero, Mary Rose Garrido staffs, about the disposition by the House- Throughout its history, the East Harris Wilcox, Ernest Calderon, Jose L. Conchola, Senate conferees of the amendments in 1990 County Senior Citizens program has been Dr. Elizabeth Valdez, Dr. Mary Jo Franco- to the Clean Air Act (CAA) regarding greenhouse gases such as methane and carbon di- dedicated to encouraging social and physical French, Jaime Gutierrez, Dr. Santos Vega, oxide. In making this inquiry, you call my activeness in seniors so that the humanity, Jose Cardenas, Tom Espinoza, Patricia Ruiz, attention to an April 10, 1998 Environmental dignity, independence, and strengths of each Dr. J. Oscar Maynes, Jr., Tommy Nun˜ez, Glo- Protection Agency (EPA) memorandum enti- senior citizen is realized to the fullest. Through ria G. Ybarra, Sandra Ferniza, Daniel Ortega, tled ‘‘EPA’s Authority to Regulate Pollut- the program, thousands of senior citizens who Jr., Art Othon, Patricia Escalante Garcia, Mar- ants Emitted by Electric Power Generation

VerDate Aug 04 2004 13:23 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00011 Fmt 0689 Sfmt 0634 E:\BR00\E28JN0.000 E28JN0 12908 EXTENSIONS OF REMARKS June 28, 2000 Sources’’ and an October 12, 1998 memo- I hope that this is responsive. JULY 12 randum entitled ‘‘The Authority of EPA to With best wishes, 10 a.m. Regulate Carbon Dioxide Under the Clean Sincerely, Finance Air Act’’ prepared for the National Mining JOHN D. DINGELL, To hold hearings on disclosure of polit- Association. The latter memorandum dis- Ranking Member. ical activity of tax code section 527 and cusses the legislative history of the 1990 other organizations. amendments. f SD–215 First, the House-passed bill (H.R. 3030) 2:30 p.m. never included any provision regarding the Energy and Natural Resources regulation of any greenhouse gas, such as SENATE COMMITTEE MEETINGS Forests and Public Land Management Sub- methane or carbon dioxide, nor did the bill Title IV of Senate Resolution 4, committee address global climate change. The House, To hold oversight hearings on the Draft however, did include provisions aimed at im- agreed to by the Senate on February 4, Environmental Impact Statement implementing the Montreal Protocol on Sub- 1977, calls for establishment of a sys- plementing the October 1999 announce- stances that Deplete the Ozone Layer. tem for a computerized schedule of all ment by the Presidnet to review ap- Second, as to the Senate version (S. 1630) meetings and hearings of Senate com- proximately 40 million acres of na- of the proposed amendments, the October 12, mittees, subcommittees, joint commit- tional forest for increased protection. 1998 memorandum correctly points out that tees, and committees of conference. SD–366 the Senate did address greenhouse gas mat- This title requires all such committees Indian Affairs ters and global warming, along with provi- to notify the Office of the Senate Daily To hold oversight hearings on risk man- sions implementing the Montreal Protocol. agement and tort liability relating to Nevertheless, only Montreal Protocol related Digest—designated by the Rules com- Indian matters. provisions were agreed to by the House-Sen- mittee—of the time, place, and purpose SR–485 ate conferees (see Conf. Rept. 101–952, Oct. 26, of the meetings, when scheduled, and 1990). any cancellations or changes in the JULY 13 However, I should point out that Public meetings as they occur. 9:30 a.m. Law 101–549 of November 15, 1990, which con- As an additional procedure along Energy and Natural Resources tains the 1990 amendments to the CAA, in- with the computerization of this infor- To hold oversight hearings to examine cludes some provisions, such as sections 813, mation, the Office of the Senate Daily American gasoline supply problems. 817 and 819–821, that were enacted as free- SD–366 standing provisions separate from the CAA. Digest will prepare this information for Although the Public Law often refers to the printing in the Extensions of Remarks JULY 18 ‘‘Clean Air Act Amendments of 1990,’’ the section of the CONGRESSIONAL RECORD 9:30 a.m. Public Law does not specify that reference as on Monday and Wednesday of each Energy and Natural Resources the ‘‘short title’’ of all of the provisions in- week. Business meeting to consider pending cluded the Public Law. Meetings scheduled for Thursday, calendar business. One of these free-standing provisions, sec- SD–366 tion 821, entitled ‘‘Information Gathering on June 29, 2000 may be found in the Daily Digest of today’s RECORD. Greenhouse Gases contributing to Global Cli- JULY 19 mate Change’’ appears in the United States 9:30 a.m. code as a ‘‘note’’ (at 42 U.S.C. 7651k). It re- MEETINGS SCHEDULED Energy and Natural Resources quires regulations by the EPA to ‘‘monitor Business meeting to consider pending carbon dioxide emissions’’ from ‘‘all affected JUNE 30 calendar business. sources subject to title V’’ of the CAA and SD–366 specifies that the emissions are to be re- 9:30 a.m. 2:30 p.m. ported to the EPA. That section does not Governmental Affairs Energy and Natural Resources designate carbon dioxide as a ‘‘pollutant’’ for Investigations Subcommittee Water and Power Subcommittee any purpose. To continue hearings to examine the na- To hold oversight hearings on the status Finally, Title IX of the Conference Report, tionwide crisis of mortgage fraud. of the Biological Opinions of the Na- entitled ‘‘Clean Air Research,’’ was pri- SD–342 tional Marine Fisheries Service and the marily negotiated at the time by the House U.S. Fish and Wildlife Service on the and Senate Science Committees, which had JULY 11 operations of the Federal hydropower no regulatory jurisdiction under House-Sen- 10 a.m. system of the Columbia River. ate Rules. This title amended section 103 of Judiciary SD–366 the CAA by adding new subsections (c) To hold hearings to examine the future Indian Affairs through (k). New subsection (g), entitled of digital music, focusing on whether To hold oversight hearings on activities ‘‘Pollution Prevention and Control,’’ calls there is an upside to downloading. of the National Indian Gaming Com- for ‘‘non-regulatory strategies and tech- SD–226 mission. nologies for air pollution prevention.’’ While 2 p.m. SR–485 it refers, as noted in the EPA memorandum, Banking, Housing, and Urban Affairs to carbon dioxide as a ‘‘pollutant,’’ House Housing and Transportation Subcommittee JULY 20 and Senate conferees never agreed to des- To hold hearings to examine the Federal ignate carbon dioxide as a pollutant for regu- Transit Administration’s approval of 9:30 a.m. latory or other purposes. extension of the Amtrak Commuter Energy and Natural Resources Based on my review of this history and my Rail contract. To hold oversight hearings on the United recollection of the discussions, I would have SD–538 States General Accounting Office’s in- difficulty concluding that the House-Senate 2:30 p.m. vestigation of the Cerro Grande Fire in conferees, who rejected the Senate regu- Energy and Natural Resources the State of New Mexico, and from latory provisions (with the exception of the Water and Power Subcommittee Federal agencies on the Cerro Grande above-referenced section 821), contemplated To hold hearings on S. 2195, to amend the Fire and their fire policies in general. regulating greenhouse gas emissions or ad- Reclamation Wastewater and Ground- SD–366 dressing global warming under the Clean Air water Study and Facilities Act to au- 10 a.m. Act. Shortly after enactment of Public Law thorize the Secretary of the Interior to Indian Affairs 101–549, the United Nations General Assem- participate in the design, planning, and To hold hearings on S. 2688, to amend the bly established in December 1990 the Inter- construction of the Truckee watershed Native American Languages Act to governmental Negotiating Committee that reclamation project for the reclama- provide for the support of Native Amer- ultimately led to the Framework Convention tion and reuse of water; S. 2350, to di- ican Language Survival Schools. on Climate Change, which was ratified by rect the Secretary of the Interior to SR–485 the United States after advice and consent convey to certain water rights to by the Senate. That Convention is, of course, Duchesne City, Utah; and S. 2672, to JULY 26 not self-executing, and the Congress has not provide for the conveyance of various 10 a.m. enacted implementing legislation author- reclamation projects to local water au- Governmental Affairs izing EPA or any other agency to regulate thorities. To hold hearings on S. 1801, to provide greenhouse gases. SD–366 for the identification, collection, and

VerDate Aug 04 2004 13:18 Nov 02, 2004 Jkt 079102 PO 00000 Frm 00012 Fmt 0689 Sfmt 0634 E:\BR00\E28JN0.000 E28JN0 June 28, 2000 EXTENSIONS OF REMARKS 12909 review for declassification of records Indian Affairs SEPTEMBER 26 and materials that are of extraordinary To hold hearings on S. 2526, to amend the 9:30 a.m. public interest to the people of the Indian Health Care Improvement Act Veterans’ Affairs United States. to revise and extend such Act. To hold joint hearings with the House SD–342 SR–485 Committee on Veterans’ Affairs on the 2:30 p.m. Legislative recommendation of the Energy and Natural Resources JULY 27 Forests and Public Land Management Sub- American Legion. committee 10 a.m. 345 Cannon Building To hold oversight hearings on potential Indian Affairs timber sale contract liability incurred To hold oversight hearings on the Native by the government as a result of tim- American Graves Protection and Repa- ber sale contract cancellations. triation Act. SD–366 SR–485

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