E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, TUESDAY, MAY 13, 1997 No. 62 House of Representatives The House met at 12:30 p.m. and was Second is the issue that I ask both and Dependent Children, and 1.4 mil- called to order by the Speaker pro tem- sides of the aisle to consider, and that lion recipients of food stamps as well. pore [Mr. SUNUNU]. is the issue of safety; safety in that The process that we presently use in f they should not vote on a bill that is the Texas Department of Human Serv- going to move nuclear waste through ices. Many professionals, social service DESIGNATION OF SPEAKER PRO their communities, endangering the professionals and social workers, have TEMPORE lives, the health, and the safety of worked in that effort for many, many The SPEAKER pro tempore laid be- their constituents; throwing away a years. In the process of welfare reform, fore the House the following commu- vote on that issue, throwing away the not only does Congress but the State nication from the Speaker: lives and the health and safety of their itself and the legislature and the Gov- constituents, just to prove a point. ernor recognize that we could do it bet- WASHINGTON, DC, Mr. Speaker, I would urge both sides May 13, 1997. ter. We do not disagree with that, that I hereby designate the Honorable JOHN E. of this House to vote no on moving nu- we could make it more efficient, more SUNUNU to act as Speaker pro tempore on clear waste to Nevada, House bill 1270, effective, and certainly more respon- this day. and I would issue this proclamation: sive. NEWT GINGRICH, that the Members should consider that The TIES Program does not do that. Speaker of the House of Representatives. their constituents should come first, It puts in a profit mode with a private f that their safety and their lives are at company the whole concept of eligi- issue here. MORNING HOUR DEBATES bility determination. That means when f a mother or a dependent who needs The SPEAKER pro tempore. Pursu- WELFARE REFORM welfare comes to an office, they deal ant to the order of the House of Janu- The SPEAKER pro tempore. Under with a cold and uncaring professional, ary 21, 1997, the Chair will now recog- someone whose basic motive is profit, nize Members from lists submitted by the Speaker’s announced policy of Jan- uary 21, 1997, the gentlewoman from and may be given incentives for how the majority and minority leaders for many individuals you deny in getting morning hour debates. The Chair will Texas [Ms. JACKSON-LEE] is recognized during morning hour debates for 5 min- the need that they have to have. alternate recognition between the par- In the 18th Congressional District ties, with each party limited to not to utes. Ms. JACKSON-LEE of Texas. Mr. alone, there are 109,596 women, infants, exceed 30 minutes, and each Member Speaker, I rise this morning, and cer- and children who receive WIC services, except the majority and minority lead- tainly to ask the President to disallow a basic nutrition program that has er limited to not to exceed 5 minutes. portions of the State of Texas welfare proven itself to be supportive of the The Chair recognizes the gentleman reform plan that includes the Texas In- early growth of our children. This from Nevada [Mr. GIBBONS] for 5 min- tegrated Eligibility System, TIES, or means that in Harris County, TX, there utes. which would allow the State to pri- are 12,917 pregnant women, 5,259 breast- f vatize the eligibility determination for feeding mothers, 9,448 postpartum social services. mothers who have recently given birth VOTE ‘‘NO’’ ON MOVING NUCLEAR who may be in need of these social WASTE TO NEVADA All of us remember very vividly the vigorous debate on welfare reform that services, and 29,000 infants and 52,000 Mr. GIBBONS. Mr. Speaker, I come this Congress engaged in. At the crux children. It is inappropriate to leave here after reading an early morning re- of that issue was the ability to help their destiny in the hands of a com- port in the Congressional Quarterly Americans move from welfare to work. puter. that a House bill moving nuclear waste It was a recognition, as I recognized in Even just recently the Legislature in to Nevada is rapidly moving to the my own 18th Congressional District, the State of Texas said that they were House floor for consideration of pas- that many of those on welfare wanted concerned that the executive branch sage. Before House Members consider to move from welfare to work, and might have gone too far in implement- this bill, I would like to address two is- looked forward to the additional job ing what we authorized in the welfare sues, the first being that the Senate training and opportunity to be able to reform bill. This legislation makes it companion bill to this, Senate bill 104, work and contribute to their own live- clear that the legislature retains au- was narrowly passed in the Senate and lihood. thority to make these decisions, and will be vetoed by the President under In the State of Texas alone, it has makes it clear in statute that the in- his promise. 690,000 recipients of its Aid to Families tention is to pursue privatizing only

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

H2491 H2492 CONGRESSIONAL RECORD — HOUSE May 13, 1997 the automation part, not the intake sole nominee of the 1997 Presidential thanks and congratulations for a job part, not the sensitivity part, and not Award for Quality as the Best Agency well done. to, overall, castigate the thousands of in the Federal Government. f State employees who over the years These awards are indicative of both TRIBUTE TO PETER TALI COLE- have been particularly sensitive to the the ability and professionalism of the MAN, FORMER GOVERNOR OF intake process, asking the hard ques- tens of thousands of soldiers that pass AMERICAN SAMOA AND PACIFIC tions and trying to find solutions to through Fort Benning’s gate each and ISLAND LEADER those who have problems and who need every year, and of the successful part- welfare. nership that has been developed over The SPEAKER pro tempore. Under Finding out eligibility is not only in the years between Fort Benning and the Speaker’s announced policy of Jan- numbers and statistics, it is funding the Columbus, GA, and Phenix City, uary 21, 1997 the gentleman from Guam out the problems, the source of the AL, districts. [Mr. UNDERWOOD] is recognized during need, why this person is in your office, No military facility can be fully ef- morning hour debates for 5 minutes. who else can help them, why do they fective without developing a positive Mr. UNDERWOOD. Mr. Speaker, I need to be on welfare. Maybe they only relationship with the local community. rise today to pay tribute to Peter Tali need to be on for a short period of time. Fort Benning has accomplished this, Coleman, former Governor of American A machine and a private company with and has developed a military-civilian Samoa and highly regarded Pacific Is- an incentive for profit only cannot team that is unmatched in efficiency land leader who passed away on April make this system work. and effectiveness. 28 and was buried last Saturday in Ha- There may be some effort this week In spite of the fact that the military waii. He was 77 years of age. to add to the supplemental appropria- population of Fort Benning is in a con- He served as the first popularly elect- tions bill an amendment to approve tinuous state of transition, the instal- ed Governor of American Samoa, was this privatized system under the Texas lation has been able to maintain its elected again in 1988, and also had the welfare reform package. This should high standards of quality. This is, in distinction of being Samoa’s first and not be approved, for we should have a large part, thanks to nearly 7,000 civil- only federally-appointed native-born vigorous debate on the best way to pro- ians who work behind the scenes to ad- Governor in the 1950’s. His appoint- vide efficient, safe, and productive vance Fort Benning’s mission. These ment by the Eisenhower administra- are individuals, like Sarah McLaney, services to the least of those who are in tion made him one of the first islanders Fort Benning’s Army Community of need in our country. Welfare reform, to serve as the head of a government Excellence coordinator, who has seen yes, but a totally incentive-based pro- anywhere in the Pacific, along with Jo- the facility receive the Commander in gram profit-motivated, to the det- seph Flores from Guam. Chief Award under three different com- riment of women and children and the After his appointive term in Amer- manding generals. Dedicated workers elderly who need our care and consider- ican Samoa ended, the Governor spent like Sarah have been instrumental not ation, that is absolutely wrong. nearly 17 years in the U.S. Trust Terri- only in achieving Fort Benning’s mili- I would hope, first of all, that my col- tory of the Pacific Islands where, as tary mission, but also in development leagues will vote against any amend- the first Pacific Islander to head the of strong ties that bind Fort Benning ment that would offer to approve this governments of what are now the Re- with the Columbus and Phenix City system, and I would ask the President public of the Marshall Islands from 1961 communities. to disallow this particular provision, General Ernst and his able staff have to 1965, and now the Commonwealth of for it does not answer the question of further reinforced Fort Benning’s long- the Northern Marianas Islands, 1965 to efficiency in automation, but it really standing commitment to military 1969, he is believed to be the only Pa- responds to the question of profit and quality, focusing on the watchwords cific Islander to have headed 3 of the 21 profit incentive, and it eliminates, as I ‘‘First in training, first in readiness, governments of what is now considered said, thousands of very valuable State and first in quality of life.’’ Fort the modern insular Pacific. He was also employees who are trained profes- Benning soldiers constitute a corner- the first U.S. citizen ever to have been sionally to answer these questions and stone of our Nation’s Armed Forces. awarded an honorary Marshall Island concerns of the most needy. Since 1918 Fort Benning has operated citizenship, an honor accorded to him We can have welfare reform. Let wel- the world’s foremost military institu- by a special act of the Nitijela, the fare reform be the kind of welfare re- tional training center. As the home of Marshalls’ Parliament. form that responds to the needs of all the infantry, Fort Benning’s mission is During the Nixon administration Americans. to produce the world’s finest combat- Governor Coleman was appointed dep- f ready infantrymen, to provide the Na- uty high commissioner of the Trust Territory, the second-ranking position CONGRATULATING FORT BENNING tion with a power projection platform in the central Government of Microne- FOR BEING NAMED 1997 ARMY capable of rapid deployment, and to sia. While in Micronesia, he and his COMMUNITY OF EXCELLENCE continue the Army’s premier installa- tion and home for soldiers, families, ci- wife were the only Americans invited The SPEAKER pro tempore. Under vilian employees, and military retir- to participate in a private ceremony the Speaker’s announced policy of Jan- ees. This mission is achieved with dis- sponsored by the Japan-based Associa- uary 21, 1997, the gentleman from Geor- tinction on a daily basis. tion of Bereaved Families, in recogni- gia [Mr. COLLINS] is recognized during While the infantry remains the tion of his efforts to repatriate to morning hour debates for 5 minutes. central focus of activity at Fort Japan the remains of World War II Mr. COLLINS. Mr. Speaker, it is with Benning, a number of other types of servicemen who died in action on great pride that I rise today to recog- units have been added over the years, Saipan. nize Fort Benning, GA, the ‘‘home of enhancing the ability of the installa- b 1245 the infantry’’ and the Army’s premier tion to accomplish its mission. installation, for being named a 1997 In addition to being home of the in- Upon the resignation of the High community of excellence. fantry, Fort Benning now houses the Commissioner, Coleman was appointed On May 2, Fort Benning was awarded Airborne School, the Army Ranger as his successor in an acting capacity. the Commander in Chief’s Award for School, the 29th Infantry Regiment, a A widely recognized regionalist, Gov- the third time in the last 4 years. This training unit for the Bradley fighting ernor Coleman was active in numerous award is given annually to recognize vehicle, the 36th Engineer Group, and Pacific organizations throughout his the best Army installation in the the U.S. Army School of the Americas. public career. He was a member of ei- world. Additionally, on May 1 Fort Each of these units work tirelessly to ther the United States or American Benning was awarded the Chief of Staff defend our national interests around Samoa delegations to the South Pa- Army Award for the fifth consecutive the world and to serve our commu- cific Conference nine times between year. This award recognizes the best nities at home. 1958 and 1992 and was head of the dele- Army installation in the Continental To the military and civilian person- gation to the Conference annually be- United States. Fort Benning is also the nel of Fort Benning, I offer my sincere tween 1980 and 1984, except for 1982 May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2493 when he both hosted and chaired the bearing on our debate today on the given the magnitude of these figures conference in Pago Pago. budget and for the remaining 2 or 3 especially when we are talking about a At a special SPC meeting in Can- months. In March 1996, with only 6 budget projection 5 years from now. berra, Australia, in 1983 and later that months left in the fiscal year, OMB More interestingly than who is closer year at the conference in Saipan, Cole- projected that the deficit for fiscal to right is often the fact that both of man was a leading voice in the debate year 1996 would be $154 billion. They them have been essentially wrong and which eventually led to equal member- were wrong, overestimating by almost cannot even predict the budget within ship in SPC for Pacific territories. A 44 percent. 30 days. It must be noted that a study founding member of the Pacific Basin Now let us look at CBO. In May 1996, of the two agencies’ predictions over Development Council, Coleman was just 4 months remaining in the fiscal the last 20 years shows CBO to be clos- also the first territorial Governor to be year, CBO anticipated the budget defi- er to right more than OMB. So, perhaps elected president of that organization cit for the year would be $144 billion. CBO is the one we should follow, al- in 1982 and served a second term in They too were wrong, overestimating though I question that. Fortunately, 1990. by more than 34 percent. We went from CBO conducted a large majority of the Peter Tali Coleman was born on De- 6 months to 4 months. Now let us go to study, so they had a higher percentage cember 8, 1919, in Pago Pago, American 1 month and see if these folks are accu- of opportunities to prove they were Samoa, where he received his primary rate. right. education. He graduated from St. Louis With 1 month left in fiscal year 1996, So, Mr. Speaker, what is the point of High School in Honolulu, joined the both CBO and OMB estimated that the all this, what is the lesson to be National Guard, and then enlisted in budget deficit for the year would be learned when we look at CBO and OMB the U.S. Army at the outbreak of around $117 billion. The actual deficit and ask them to project out over 5 World War II. Assigned to the Pacific for the year was $107 billion. Both years? Well, both agencies are quick to during the war, he was stationed in the agencies, despite the short period of point out that the differences between Solomon Islands and Vanuatu in addi- anticipation, were off by 10 percent. themselves are insignificant and are tion to Hawaii, ultimately rising to the Mr. Speaker, in other words, neither not good indication of future perform- rank of captain. CBO nor OMB could estimate the budg- ance. And I do not know if past per- Professionally, as an attorney, he et deficit for the year just 30 days, 30 formance is a good indication of future was a member of the bars of the U.S. days, prior to the end of the fiscal year. performance. district court, U.S. Court of Appeals Yet despite these seemingly The only certainty that we have this for the District of Columbia, the U.S. inexactitudes, politicians from both afternoon is that neither one will be District Court in Hawaii, and the High sides of the aisle consistently place absolutely right, and we as Members of Courts of American Samoa and the old great credence on these agencies’ pre- Congress should not put a great deal of Trust Territory of the Pacific Islands, dictions, often going so far as to base emphasis on these individual agencies as well as the Supreme Court of the America’s entire fiscal policy on their because they both have been wrong. United States. Granted an honorary estimates. Sometimes policies are en- Let me conclude by saying economics LLD by the University of Guam in 1970 acted by employing the assumptions is not an exact science and we have to when he was cited as ‘‘Man of the Pa- from these agencies for as long as the rely on all of us to work together con- cific,’’ he also received an honorary next 5 years in estimating budget data. tinually to reach a balanced budget doctorate from Chaminade College in Mr. Speaker, if they cannot estimate and that is the only way we know to Hawaii. the budget in 30 days, in 4 months, and reduce the deficit. Governor Coleman was a true Pacific in 6 months, how can we expect them f hero whose service took him well be- to estimate over the next 5 years? CBO yond his native Samoa. He accurately and OMB usually disagree sharply on NATIONAL HOME OWNERSHIP saw himself as a developer of indige- their budget projections, and depending WEEK nous governments, bringing Pacific is- upon which side of an issue one is on, The SPEAKER pro tempore. Under landers to full recognition of their one side is either siding up with OMB the Speaker’s announced policy of Jan- right to self-government and their ca- or CBO. uary 21, 1997, the gentlewoman from pacity to implement the same. In general, CBO is more pessimistic, the District of Columbia [Ms. NORTON] Coleman was married to the former OMB is more optimistic. Thus, siding is recognized during morning hour de- Nora K. Stewart of Hawaii, his wife of with the CBO makes balancing the bates for 5 minutes. 55 years. Together they had 13 children, budget a more daunting task. Despite Ms. NORTON. Mr. Speaker, I come to 12 of whom are living, 24 grandchildren all of this, both agencies, as I am going the floor this afternoon on a particu- and 8 great grandchildren. We will all to show, are typically wrong alto- larly happy occasion. I am pleased to miss him, and we all send his family gether. That is, they both err on the see my good friend and colleague, the our condolences. same side of the budget. Recently, both gentleman from California [Mr. LEWIS], f agencies have been too pessimistic, from the other side of the aisle here as consistently overestimating the actual well, because I think we come to talk CBO VERSUS OMB: WHO IS RIGHT? deficit. In the 1980’s and in the 1990’s, virtually in unison about the same sub- The SPEAKER pro tempore. Under both agencies consistently underesti- ject. We have just come from a press the Speaker’s announced policy of Jan- mated the deficit. conference involving Democrats and uary 21, 1997, the gentleman from Flor- Let us now go to the budget agree- Republicans to kick off National Home ida [Mr. STEARNS] is recognized during ment that has been recently in the Ownership Week. morning hour debates for 5 minutes. news. When viewed as part of the big I want to thank the gentleman from Mr. STEARNS. Mr. Speaker, my picture, the two estimates are essen- California [Mr. LEWIS] for deciding to point in coming to the well this morn- tially identical. For fiscal year 2002, for do so with a wonderful initiative here ing is to talk about CBO and OMB. example, the difference in deficit pre- in the District. These are Beltway terms, I know. The dictions was $52 billion. But given the The idea, let me be quick to say, is Congressional Budget Office is the odds that both will be off by about $300 the idea of Representative JERRY CBO; and the Office of Management billion, you know, it is really almost LEWIS, who has come forward with an and Budget Office is the OMB. OMB is meaningless to talk about what they idea that is likely to win favor used by the White House. That is their are projecting in 5 years. throughout the country and to be cop- in-house accounting firm. The CBO is Furthermore, the agencies’ forecasts ied throughout the country. Instead of our in-house accounting firm here in for the size of the national economy in just celebrating National Home Owner- Congress. We use it for out budget the year 2002 are almost identical at ship Week with a lot of rhetoric on the analysis. 10.00, a trillion, for CBO, 10.087 trillion floor, true to form, Representative I wish every Member had an oppor- for OMB. To be blunt, Mr. Speaker, any LEWIS would have us do something to tunity this afternoon to listen to what discussion about who is right and who indicate our commitment, our continu- I have to say because it brings great is wrong just does not make any sense ing commitment, to the proposition H2494 CONGRESSIONAL RECORD — HOUSE May 13, 1997 that every family in the United States I want to thank the gentleman from eral levels of government. The goal of deserves its own home in which to live. California [Mr. LEWIS] as well for re- this partnership is to achieve an all- So, in early June, Members of the minding us at the press conference that time high of homeownership of 67 per- House will help to build a house in the the District of Columbia is one of the cent of all American households by the Capital of the United States. Congress’ five priorities, not simply end of the year 2000. There is still much I expect Members to rush back to building homes, but rebuilding the city work to be done. their districts this year and next to try itself. It is my hometown, but it is This effort is only possible because of to carry out the idea of the gentleman your Capital. The Control Board, to- the inspiring work of Millard Fuller, from California [Mr. LEWIS] all over gether with the city, are making in- the founder and president of Habitat this country. If the spirit of Hershey is credible progress starting from the for Humanity International, who has alive anywhere, it will be alive, and I ground to build up. The way to build up built over 20 years a worldwide Chris- believe the date is June 6, when I urge for the average family is for Congress tian housing ministry. Since its cre- Members from both sides of the aisle to to go forward on June 6 offering to do ation in 1976, Habitat for Humanity and follow the lead of Mr. LEWIS and come what all of us can do who work to- its volunteers have built homes with to the southeast section of Washington gether. I thank the gentleman from 50,000 families in need in more than and help us build the house that Con- California [Mr. LEWIS]. 1,300 cities and 50 countries. As a result gress built. f of Mr. Fuller’s vision, more than 250,000 If Hershey is alive, it will be alive on people across the globe now have safe, June 6. If Philadelphia, where the THE HOUSE THAT CONGRESS decent, affordable homes. President and where President Bush as BUILT RESOLUTION In Philadelphia recently, President well came forward to promote volunta- The SPEAKER pro tempore. Under Clinton, President Bush, retired Gen. rism, if voluntarism that they pro- the Speaker’s announced policy of Jan- Colin Powell and others gathered to- moted is alive as well, it will be alive uary 21, 1997, the gentleman from Cali- gether to salute the spirit of volunteer in June with this action, which should fornia [Mr. LEWIS] is recognized during service that exists in this country. No inspire similar action around the coun- morning hour debates for 5 minutes. other organization better illustrates try. Mr. LEWIS of California. Mr. Speak- this spirit than Habitat for Humanity. Habitat for Humanity is where the er, I want to express my special appre- Habitat is an organization that brings expertise is. Here we have also an indi- ciation to the gentlewoman from Wash- people together. Its volunteers are as cation of how an organization can in- ington, DC, Ms. ELEANOR HOLMES NOR- diverse as the people who live in the spire Members to work together from TON, my Congresswoman, for most United States itself. Most important, both sides of the aisle, because when Members live in the Capitol city when Habitat for Humanity promotes what you have Representative NEWT GING- Congress is in session. The gentle- Millard Fuller describes as the theol- RICH and former President Carter work- woman mentioned an initiative an- ogy of the hammer, namely, putting ing hard always for Habitat and bring- nounced earlier in the day, when we faith and love into action to serve oth- ing that partnership to Washington, we were joined by Speaker NEWT GINGRICH, ers. see bipartisanship at its best. my colleague, the gentleman from In this case, the theology of the ham- Habitat for Humanity has quietly Ohio, LOU STOKES, as well as the found- mer will be applied to assist two very been doing this work all over the Dis- er and President of Habitat for Human- special, soon-to-be homeowners, Mar- trict of Columbia and all over the ity, Millard Fuller. Also, two very spe- lene Hunter and her family, and Mary country for a very long time, but its cial families gathered at that session Collins and her family. Even before the meaning is especially deep when Habi- to celebrate the initiation of an impor- first nail has been driven, Members of tat decides to build a house with Mem- tant event in the history of the Con- Congress, corporate sponsors and these bers of Congress doing the building, gress and the District of Columbia. families have made a commitment that hammering the nails. Posters and These bipartisan leaders gathered to will be fulfilled as these two homes are shirts with a wonderful design by announce their intent to build ‘‘the built this summer entirely by Members Vanessa Compos, a fourth grader at a House that Congress Built,’’ in a of Congress and their staff. public school in the District, Hyde Ele- unique partnership involving Congress, I want to thank my colleagues, the mentary School, will be worn on that Housing Secretary Andrew Cuomo, gentleman from Georgia [Mr. GING- day, and this poster will be shown all leaders of the National Partners and RICH], the gentleman from Missouri over the United States. Homeownership, and others. [Mr. GEPHARDT], the gentlewoman from In the resolution sponsored by Mr. b 1300 the District of Columbia [Ms. NORTON], LEWIS, there is an important line, the gentleman from Ohio [Mr. STOKES], among many, ‘‘Whereas, the United On June 5, 6, and 7, 1997, these leaders the gentleman from New York [Mr. States is the first country in the world will begin construction of two Habitat LAZIO] and the gentleman from Massa- to make owning a home a reality for a for Humanity homes in Southeast chusetts [Mr. KENNEDY] for their com- vast majority of families, however, Washington. Each ‘‘House that Con- mitment to this unique effort and for more than a third of the families in the gress Built’’ is a powerful symbol dem- joining me in introducing this resolu- United States are not homeowners.’’ onstrating the commitment of a bipar- tion today. Beyond that, I hope my col- Think about how marvelous it is that tisan Congress and numerous organiza- leagues and their staff will join us the average family does own its own tions to one common goal: providing a throughout Homeownership Week and home. And when you think about how decent and affordable home for every throughout the summer to complete far we have come, it becomes unthink- American family. It is also an appro- the project well before ribbon-cutting able to leave out a minority of families priate way to kick off National Home- time early in the fall. in rural and urban areas who have not ownership Week, which extends from f yet been able to afford a home. June 7 through June 14, a campaign to Affordable housing is not an emphasize local and national efforts to FEDERAL RESERVE AND oxymoron; it is something that this make the American dream of living in INTEREST RATES Congress on both sides of the aisle, to- a home a reality. The SPEAKER pro tempore (Mr. gether with the private sector, know ‘‘The House that Congress Built’’ is SUNUNU). Under the Speaker’s an- we can make a reality. It is remarkable supported by the National Partners in nounced policy of January 21, 1997, the what we have done. We cannot slide Homeownership, an unprecedented pub- gentleman from New Jersey [Mr. back to where youngsters now wonder lic-private partnership of organizations SAXTON] is recognized during morning if they too can have the kind of home working to dramatically increase hour debates for 5 minutes. ownership that their parents have. We homeownership in America. Presently Mr. SAXTON. Mr. Speaker, few is- know they can. When the Congress of this partnership consists of 63 members sues are as important as those policies the United States moves forward to representing real estate professionals, of the Federal Reserve that affect make the point, even metaphorically, home builders, nonprofit housing pro- American money. Policies of the Fed- we send a powerful message. viders, as well as local, State, and Fed- eral Reserve can determine whether May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2495 there is high inflation or low inflation. In conclusion, there is no substantial COMMUNICATION FROM THE Those policies can determine as well evidence of inflation to support Fed- CLERK OF THE HOUSE whether we can influence interest rates eral Reserve action to raise interest The SPEAKER pro tempore laid be- both in the short as well as in the long rates. I am extremely supportive of the fore the House the following commu- term. objective of price stability. Nobody nication from the Clerk of the House of Sound monetary policies can create a wants inflation. But I do not agree Representatives: framework favorable to economic with those at the Fed who tend to view OFFICE OF THE CLERK, growth, while policies that permit in- economic growth itself, economic U.S. HOUSE OF REPRESENTATIVES, flation to take place undermine eco- growth itself as potentially inflation- Washington, DC, May 9, 1997. nomic growth. We are all concerned ary. Hon. NEWT GINGRICH, about job creation. We are all con- Furthermore, Federal Reserve efforts Speaker, U.S. House of Representatives, cerned about good wages. And it is pri- to be more open and transparent Washington, DC. mary to the policies that come out of should be encouraged and continued. DEAR MR. SPEAKER: Pursuant to the per- the Federal Reserve as to whether or mission granted to Clause 5 of Rule III of the f Rules of the U.S. House of Representatives, not those issues are able to take place. the Clerk received the following message Over the last few months I have re- RECESS from the Secretary of the Senate on Friday, leased a number of studies on Federal May 9, 1997 at 10:34 a.m.: Reserve policy in my capacity as chair- The SPEAKER pro tempore. Pursu- That the Senate passed without amend- man of the Joint Economic Committee. ant to clause 12 of rule I, the Chair de- ment H. Con. Res. 25 We call the committee the JEC. These clares the House in recess until 2:00 That the Senate passed S. Con. Res. 26 studies explain the reasons why infla- p.m. today. That the Senate appointed Commission on Maintaining U.S. Nuclear Weapons Expertise tion or the lack of it, known as price Accordingly (at 1 o’clock and 7 min- That the Senate appointed Board of Visi- stability, should remain as the central utes p.m.) the House stood in recess tors of the U.S. Coast Guard Academy, and focus of Federal Reserve policy. Ac- until 2 p.m. That the Senate appointed Board of Visi- tors of the U.S. Merchant Marine Academy. cording to this research, the Federal f Reserve’s anti-inflation policy has With warm regards, worked well over the last few years. ROBIN H. CARLE, AFTER RECESS Clerk, U.S. House of Representatives. However, more recently, I have had some disagreements with the Fed The recess having expired, the House f about price stability and how it should was called to order by the Speaker pro TRIBUTE TO MARGARET MARTIN be implemented. tempore [Mr. PEASE] at 2 p.m. BROCK Is inflation taking place? It does not f (Mr. DREIER asked and was given look so. But our JEC research suggests permission to address the House for 1 that, if there is inflation, it should be PRAYER minute and to revise and extend his re- visible in real terms, in price measures The Chaplain, Rev. James David marks.) such as the Consumer Price Index, FORD, D.D., offered the following pray- Mr. DREIER. Mr. Speaker, it saddens which indicate today no inflation or no er: me to inform the House that this past appreciable inflation. It should also be We offer our thanks and praise to Saturday, America lost noted philan- evident in prices of raw materials like You, O gracious God, for all of those thropist and political activist, Mar- commodity prices. It should also be gifts of life that make our days worth- garet Martin Brock. evident in the value of the dollar as op- while and our relationships more Margaret Brock was a leader in edu- posed to the German mark or the Japa- meaningful. On this day we are espe- cation, civic organizations and in State nese yen. It does not seem like there is cially aware of the blessings of joy and and national Republican politics. She any inflation there. And it should be happiness that can come from Your was a close personal friend of five U.S. evident in bond yields. hand and which we can share with each Presidents and served proudly as a Now, according to these price meas- other. In spite of the difficulties of member of Ronald Reagan’s kitchen ures, there is no real evidence of infla- every decision, and the anxieties asso- cabinet. She was a confident and coun- tion to justify Federal Reserve in- ciated with every day, we are delighted selor to officeholders throughout the creases in interest rates. Yet the Fed- Nation, many here in the Congress who eral Reserve seems to view economic that we can experience the elation and jubilation that comes when these spe- benefited from her encouragement, growth itself as potentially inflation- support, political insight, and friend- cial gifts brighten our vision and give ary. Now, imagine that for a minute, ship. economic growth as being bad because us new horizons on which to focus. May Her genuine interest was in young economic growth means inflation. I do joy and happiness brighten our lives people. She actively sought out and not think that is true. and may Your benediction, O God, helped many students further their Based on our research, in fact, the never depart from us. Amen. education. She believed that her in- JEC has done, I have opposed the in- f vestments in young people, especially crease in interest rates announced by through funding of scholarships, were the Federal Open Market Committee of THE JOURNAL investments in the future of our coun- the Fed on March 25. According to The SPEAKER pro tempore. The try. She was a strong supporter of my price measures used by the Joint Eco- Chair has examined the Journal of the alma mater, Claremont McKenna Col- nomic Committee, there is no indica- last day’s proceedings and announces lege, Pepperdine University, and the tion of inflation justifying this in- to the House his approval thereof. University of Southern California, in crease in interest rates. For the same Pursuant to clause 1, rule I, the Jour- addition to her own Mt. Vernon College reason, I do not think the evidence nal stands approved. located here in our Nation’s Capital. would support an increase in interest She was proud to be a native Califor- rates at the FOMC next Tuesday. f nian and throughout her life contrib- In connection with this research, I uted to the betterment of our State. have also suggested that more open- PLEDGE OF ALLEGIANCE She actively supported the Los Angeles ness is needed with Fed policy. Why The SPEAKER pro tempore. Will the Mission, Salvation Army, Goodwill In- should we as members of the public be gentleman from Mississippi [Mr. WICK- dustries, and the Boy Scouts of Amer- trying to guess about what they are ER] come forward and lead the House in ica. She was a founding member of the going to do? It creates instability. It the Pledge of Allegiance. Los Angeles Music Center and a found- creates guessing. People should not Mr. WICKER led the Pledge of Alle- ing member of the Junior League of have to make investments based on giance as follows: Los Angeles. their best guess. They should do so for I pledge allegiance to the Flag of the Margaret Brock’s generous encour- good sound reasons. United States of America, and to the Repub- agement led many of us to choose pub- Having to guess about Fed policy is lic for which it stands, one nation under God, lic service. Her support of higher edu- not good for our economy. indivisible, with liberty and justice for all. cation and the Republican Party leaves H2496 CONGRESSIONAL RECORD — HOUSE May 13, 1997 a legacy that will continue for genera- WIC is a program that works. If we be treated as some great achievement, tions to come. restore the $38 million today, we will but I must say after 30 years of an ever- f actually save the Federal Government expanding welfare state, balancing the over $100 million down the road. Sec- budget is no mean feat. Balancing the NAFTA IS NOT WORKING ond, the States, not the administra- budget, which to millions of Americans (Mr. TRAFICANT asked and was tion, not the Democrats in Congress, is nothing but common sense, is ex- given permission to address the House the States say that they need this traordinary in a town that has seen for 1 minute and to revise and extend money or else they will be forced to re- budget deficits since 1969. his remarks.) move women and children from the This new balanced budget agreement Mr. TRAFICANT. Mr. Speaker, the WIC Program. is proof of two things. First, the new White House says NAFTA is creating Finally, let us remember the values Republican Congress is serious about new and exciting jobs. I did some re- that made this Nation great. We sim- its pledge to make Government live search on those jobs: zipper trimmer, ply cannot in good conscience take within its means; and second, deficit brassiere tender, jelly roller, bosom food off the breakfast tables of the spending does not have to be a way of presser, chicken sexer, sanitary napkin most vulnerable members of our soci- life. That is a cause for celebration. specialist, and a pantyhose crotch clos- ety. I urge the Committee on Rules to f er machine operator. That is what I allow this amendment. I urge my col- HISTORY OF DALLAS, GA leagues to restore the full amount of call exciting jobs, Mr. Speaker. (Mr. BARR of Georgia asked and was According to the Philadelphia In- the President’s authorization for women, infants, and children in this given permission to address the House quirer, they are so great that 90 per- for 1 minute.) country. cent of the American workers are lit- Mr. BARR of Georgia. Mr. Speaker, erally worried sick about losing their f yesterday I had the honor of appearing jobs and losing their homes. Beam me DEFICIT SPENDING BAD HABIT in Dallas, GA at a ceremony marking up. I say NAFTA is working for Mex- NEEDS TO BE BROKEN the 145th anniversary of this beautiful ico, Chile, Canada, yes, even Japan and (Mr. JONES asked and was given per- and wonderful community located in China. Think about it. the heart of the 7th District of Georgia. mission to address the House for 1 With that I yield back all the balance Dallas, GA is named after a distin- minute.) of those unsexed chickens. guished American, George Mifflin Dal- Mr. JONES. Mr. Speaker, bad habits las, a former U.S. Senator and Vice f are hard to break. In fact, the longer President of the United States under one engages in a bad habit, the harder BALANCED BUDGET AGREEMENT President Polk. IS GOOD NEWS it is to break. Dallas, GA has a quality of life, Mr. Deficit spending is an excellent ex- (Mr. GIBBONS asked and was given Speaker, that is an envy of commu- ample of a bad habit. Deficit spending nities all across America and around permission to address the House for 1 means spending more money than we minute and to revise and extend his re- the world. This is especially true under have. This is what the Government the leadership of our current mayor, marks.) does year after year. If we add up all of Mr. GIBBONS. Mr. Speaker, when Mr. Boyd Austin, just recently and the deficit, we will find out that the very appropriately named citizen of the politicians get together and tell me national debt now stands over $5 tril- what a wonderful job they are doing, I year by the Paulding County Chamber lion. of Commerce. start to get nervous. But every once in Washington has not managed to bal- a while, people on both sides of the I rise today to honor this great ance the budget since 1969. The tragedy American community whose greatest aisle do manage to arrive at a good in this is that the politicians who vote agreement. days lie yet ahead, Dallas, GA. to run up deficits year after year are f Now, of course, the media will be an- not the ones who suffer the con- noyed; they need conflict. In fact, it is sequences of their spending habits. TIME TO BITE THE BULLET FOR great fun watching the media des- Who suffers the consequences? You BALANCED BUDGET perately search for conflict in the bal- guessed it. Future generations, our (Mr. CHABOT asked and was given anced budget agreement that was children and grandchildren, the chil- permission to address the House for 1 reached between President Clinton and dren are stuck with the debt. That is minute.) Congress. Even though the media hates not right, that is not fair to children Mr. CHABOT. Mr. Speaker, why is it good news, the good news needs to be growing up today who deserve the same so important to balance the budget? I reported. opportunities that we have. get that question quite a bit when I The story that must be reported is Mr. Speaker, it is time to break the speak to school groups back in my dis- that this balanced budget agreement is bad habit. It is time that this Congress trict. a win for every American family. It pass a balanced budget. Well, it is a fair question. After all, contains permanent tax relief, it con- f the economy has been doing OK lately tains the largest entitlement reform in and we have not had a balanced budget. history, it expands Medicare choices BALANCED BUDGET AGREEMENT Perhaps the best way to answer this for seniors, it balances the budget for PLEDGE FOR BETTER TOMORROW question is to consider a person using a the first time since 1969. In a town (Mr. WICKER asked and was given credit card who spends a little bit more where good news is sometimes hard to permission to address the House for 1 than he makes each month. Every find, let us go forward and pass this minute and to revise and extend his re- month when the bill comes, he pays off historic agreement and send a little marks.) part of it, maybe just the minimum good news to American families. Mr. WICKER. Mr. Speaker, let’s see if amount possible. Well, he can keep f I have this straight. We are supposed to that up for a while, but eventually the be impressed that the Government is mounting debt will overwhelm him and RESTORE WIC FUNDING not going to spend more money than it threaten his standard of living. The in- (Ms. DELAURO asked and was given has. We are supposed to rejoice that terest payments he is required to make permission to address the House for 1 Government is not going to make our each month just keep getting bigger minute.) $5 trillion national debt any worse. I and bigger. Ms. DELAURO. Mr. Speaker, I rise am supposed to brag to my constitu- Well, that is exactly what has hap- today to urge my colleagues on the ents that Washington is finally going pened to the Federal Government. A $5 Committee on Rules to support an to balance the budget. trillion debt that we have, unbeliev- amendment to restore the full $76 mil- Well, Mr. Speaker, by Washington able. It is time to get a grip. We need lion needed for the women, infants and standards, a balanced budget is a cause to balance the budget and start putting children program. Let me make three for celebration. Balancing the budget our financial house in order before it is important points about this funding. should not be a big deal, it should not too late. May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2497 Let us cut the tax rate on the Amer- Mr. Speaker, compromise is essential a budget for the taxpaying middle ican people. The people of this country with divided government. I applaud class. are overtaxed. Let us do something those who achieve this compromise. I f about it and let us do it now. look forward to passing the balanced A REALISTIC PROJECTION BY THE f budget plan of 1997 and the accompany- ing bills, which will be a first step in CONGRESSIONAL BUDGET OFFICE OPPORTUNITY FOR BALANCED getting our fiscal house in order. (Mr. SMITH of Michigan asked and BUDGET IS HERE f was given permission to address the (Mr. HUTCHINSON asked and was House for 1 minute and to revise and given permission to address the House DO THE RIGHT THING FOR WIC extend his remarks.) for 1 minute and to revise and extend (Mr. PALLONE asked and was given Mr. SMITH of Michigan. Mr. Speak- his remarks.) permission to address the House for 1 er, the budget agreement that has been Mr. HUTCHINSON. Mr. Speaker, for minute and to revise and extend his re- pretty much accomplished is nobody’s a lot of us conservatives, the key ques- marks.) gift to the conservatives or the lib- tion we are asking about the balanced Mr. PALLONE. Mr. Speaker, tomor- erals. It has good news and bad news. budget agreement between Congress row the Republican leadership will We now have a Federal Government and the President is whether the agree- have a chance to redeem itself and that has become very big, very large, ment on the whole represents a step prove they are for America’s children. very intrusive—taxing too much and forward or a step backward. Does this A few weeks ago in the Committee on borrowing too much. This budget bipartisan compromise bring us closer Appropriations, Republicans largely agreement moves us in the right direc- or farther away from our goals to bal- voted to gut the women, infants and tion of reducing some of those huge tax ance the budget, provide tax relief for children’s WIC nutrition program. Re- increases of 1990 and 1991 and reducing American families, and reduce the size publican leaders denied the nutrition spending over the long run. of government? needs of approximately 880,000 at-risk I questioned the analysis of the Con- Mr. Speaker, this is not a decision children by not supporting the full gressional Budget Office in coming up that I take lightly. I would like to see funding request that was made by all 50 with a last-minute $225 billion. But in deeper tax cuts, more substantial enti- Governors and the administration. talking to CBO, they have predicted tlement reform, and more reductions in Republican extremists are arguing ups and downs, some recession in the domestic spending. Nonetheless, we that WIC does not need full funding. economy, but the average estimated in- should not underestimate the oppor- They would rather deny children their crease in the GDP over the next 5 years tunity this budget agreement rep- nutrition needs than make up the $38 is 2.1 percent. Probably not over- resents. million shortfall. Mr. Speaker, many optimistic. Unlike past budget agreements that religious and antihunger advocates I see some of the bad news as provi- promised to balance the budget, with a such as Catholic Charities, U.S.A., sions in the agreement that only al- Republican Congress, this one actually have written me citing that WIC is ef- lows for a net tax reduction of $85 bil- will. It contains permanent tax cuts, it fective, efficient, and cost-beneficial. lion over the next five years. However takes a first step toward entitlement They are urging Congress to be com- for the good news, there will be a tax reform, and this represents a step for- passionate to children, and meet their decrease, a tax cut, over the next 10 ward. needs. years of $250 billion. I compliment the budget negotiators Mr. Speaker, let us do the right thing Cut wasteful Government spending and look forward to receiving the de- and get our priorities straight as we go and we’ll be moving in the right direc- tails of this plan. into the budget process. In order to ac- tion. f complish that, we need to fully fund f the WIC Program. URGING MEMBERS TO READ AND BALANCED BUDGET AGREEMENT f IS SOLID FIRST STEP CONSIDER ‘‘LETTERS FROM A A BUDGET FOR THE TAXPAYERS CHINESE JAIL’’ (Mr. PITTS asked and was given per- mission to address the House for 1 (Mr. COOK asked and was given per- (Mr. COX of California asked and was minute and to revise and extend his re- mission to address the House for 1 given permission to address the House marks.) minute and to revise and extend his re- for 1 minute and to revise and extend Mr. PITTS. Mr. Speaker, as a mem- marks.) his remarks.) ber of the House Committee on the Mr. COOK. Mr. Speaker, I think the Mr. COX of California. Mr. Speaker, Budget, I rise in strong support of the middle class has been getting a raw for nearly 20 years the Chinese Govern- balanced budget plan of 1997. After deal long enough. It should be getting ment has sought to silence one of the months of unceasing work, the Repub- easier to start a family and to buy a great advocates of human freedom and lican majority has delivered a balanced house, not harder. It should be getting democracy, Wei Jingsheng. budget plan where every American easier to save for college tuition for Wei recently published a book. It is wins. your kids, not harder. It should be get- out today. Viking Press has produced While all the details have not been ting easier to make ends meet, not it. It consists largely of his letters worked out yet, like the level of fund- harder. from prison, where he has spent so ing for transportation, this agreement So what is the problem? The problem much of his adult life, where he is is a solid first step in the Republican is simple. It is the fact that Congress today, assembled by people who believe goals of balancing our budget, reducing has not been presenting budgets that in human rights around the world. The the size and scope of the Federal Gov- are balanced, and it is because Con- publication of this book in America has ernment and providing permanent tax gress has been presenting budgets that today prompted the Communist Chi- relief for American families. raise taxes. I think it is time Congress nese Government to say that we, by does exactly the opposite. I think it is publishing Wei’s book, are interfering b 1415 time the middle class got a break, in- with the independence of China’s judi- With this agreement, American fami- stead of giving all the breaks to the ciary. lies will pay $135 billion less in taxes special interest groups. Wei Jingsheng is not a well man. He over the next 5 years. It will save Medi- That is why this balanced budget suffers from life-threatening heart dis- care for seniors, produce approximately agreement should be ratified. It should ease. He has a neck problem that pre- $700 billion in entitlement savings over be supported and voted on here in the vents him from lifting his head. All of the next 10 years, and finally, ensure House. It lets American families keep a this has developed as a result of the that every American benefits from the lot more of what they earn, and it bal- abysmal conditions that he faces in economic boon of a balanced budget by ances the budget for the first time prison, where he was recently sen- 2002. That means lower interest rates, since 1969. tenced to another 14 years. He is due to higher-paying jobs, and long-term eco- This is a budget for the forgotten be released in the year 2009, if he lives nomic growth. middle class. I think it is time to pass that long. H2498 CONGRESSIONAL RECORD — HOUSE May 13, 1997 I hope all of us in Congress will re- INDIVIDUALS WITH DISABILITIES ‘‘Sec. 642. Federal administration. member Wei Jingsheng, buy his book EDUCATION ACT AMENDMENTS ‘‘Sec. 643. Allocation of funds. and read it, as we deliberate on the im- OF 1997 ‘‘Sec. 644. Federal Interagency Coordinating portant questions of human freedom Council. Mr. GOODLING. Mr. Speaker, I move ‘‘Sec. 645. Authorization of appropriations. that are before us today. to suspend the rules and pass the bill ‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE f (H.R. 5) to amend the Individuals With EDUCATION OF CHILDREN WITH DISABILITIES Disabilities Education Act, to reau- ‘‘SUBPART 1—STATE PROGRAM IMPROVEMENT REFORMING THE WIC PROGRAM thorize and make improvements to GRANTS FOR CHILDREN WITH DISABILITIES REQUIRES BIPARTISAN CO- that act, and for other purposes, as ‘‘Sec. 651. Findings and purpose. OPERATION amended. ‘‘Sec. 652. Eligibility and collaborative proc- (Mr. RIGGS asked and was given per- The Clerk read as follows: ess. H.R. 5 ‘‘Sec. 653. Applications. mission to address the House for 1 ‘‘Sec. 654. Use of funds. Be it enacted by the Senate and House of Rep- minute and to revise and extend his re- ‘‘Sec. 655. Minimum State grant amounts. resentatives of the United States of America in marks.) ‘‘Sec. 656. Authorization of appropriations. Congress assembled, Mr. RIGGS. Mr. Speaker, I heard the ‘‘SUBPART 2—COORDINATED RESEARCH, PERSON- SECTION 1. SHORT TITLE. gentleman from New Jersey, our col- NEL PREPARATION, TECHNICAL ASSISTANCE, This Act may be cited as the ‘‘Individuals league, talk about the women’s, in- SUPPORT, AND DISSEMINATION OF INFORMA- with Disabilities Education Act Amend- TION fants’ and children’s program, so I ments of 1997’’. wanted to take the floor just to explain ‘‘Sec. 661. Administrative provisions. TITLE I—AMENDMENTS TO THE INDIVID- ‘‘CHAPTER 1—IMPROVING EARLY INTERVENTION, for a moment that through the years UALS WITH DISABILITIES EDUCATION EDUCATIONAL, AND TRANSITIONAL SERVICES the WIC Program, as it is known, has ACT AND RESULTS FOR CHILDREN WITH DISABIL- received strong bipartisan support SEC. 101. AMENDMENTS TO THE INDIVIDUALS from both Republicans and Democrats ITIES THROUGH COORDINATED RESEARCH AND WITH DISABILITIES EDUCATION PERSONNEL PREPARATION because of its effectiveness in reducing ACT. Parts A through D of the Individuals with ‘‘Sec. 671. Findings and purpose. low weight births and reducing birth ‘‘Sec. 672. Research and innovation to im- defects resulting from nutritional defi- Disabilities Education Act (20 U.S.C. 1400 et seq.) are amended to read as follows: prove services and results for ciencies during pregnancy. children with disabilities. The administration did request $76 ‘‘PART A—GENERAL PROVISIONS ‘‘Sec. 673. Personnel preparation to improve million for additional enrollments in ‘‘SEC. 601. SHORT TITLE; TABLE OF CONTENTS; services and results for children FINDINGS; PURPOSES. the WIC Program as part of the supple- with disabilities. ‘‘(a) SHORT TITLE.—This Act may be cited ‘‘Sec. 674. Studies and evaluations. mental appropriations bill that will be as the ‘Individuals with Disabilities Edu- on the floor tomorrow, and that bill ac- ‘‘CHAPTER 2—IMPROVING EARLY INTERVENTION, cation Act’. EDUCATIONAL, AND TRANSITIONAL SERVICES tually contains half of the administra- ‘‘(b) TABLE OF CONTENTS.—The table of AND RESULTS FOR CHILDREN WITH DISABIL- contents for this Act is as follows: tion’s request, $38 million. ITIES THROUGH COORDINATED TECHNICAL AS- I am going to offer an amendment to SISTANCE, SUPPORT, AND DISSEMINATION OF restore the other $38 million, but with ‘‘PART A—GENERAL PROVISIONS INFORMATION a caveat, that being that later this fall ‘‘Sec. 601. Short title; table of contents; find- ‘‘Sec. 681. Findings and purposes. in the committee that I chair on chil- ings; purposes. ‘‘Sec. 682. Parent training and information dren, youth, and families, we are going ‘‘Sec. 602. Definitions. centers. to be looking at a number of structural ‘‘Sec. 603. Office of Special Education Pro- ‘‘Sec. 683. Community parent resource cen- and policy issues associated with this grams. ters. ‘‘Sec. 604. Abrogation of State sovereign im- ‘‘Sec. 684. Technical assistance for parent program, why it must have $100 million munity. training and information cen- in carryover funds, why the adminis- ‘‘Sec. 605. Acquisition of equipment; con- ters. tration has asked for an additional $100 struction or alteration of facili- ‘‘Sec. 685. Coordinated technical assistance million on our contingency funds in ties. and dissemination. their 1998 budget request. ‘‘Sec. 606. Employment of individuals with ‘‘Sec. 686. Authorization of appropriations. I hope we can get the same sort of bi- disabilities. ‘‘Sec. 687. Technology development, dem- partisan support and cooperation on ‘‘Sec. 607. Requirements for prescribing regu- onstration, and utilization, and lations. the necessary policy reforms to the media services. ‘‘PART B—ASSISTANCE FOR EDUCATION OF ALL ‘‘(c) FINDINGS.—The Congress finds the fol- WIC Program as I suspect we will on CHILDREN WITH DISABILITIES lowing: my amendment to the supplemental ‘‘Sec. 611. Authorization; allotment; use of ‘‘(1) Disability is a natural part of the appropriations bill tomorrow. funds; authorization of appro- human experience and in no way diminishes f priations. the right of individuals to participate in or ‘‘Sec. 612. State eligibility. contribute to society. Improving educational MESSAGE FROM THE PRESIDENT ‘‘Sec. 613. Local educational agency eligi- results for children with disabilities is an es- bility. sential element of our national policy of en- A message in writing from the Presi- ‘‘Sec. 614. Evaluations, eligibility determina- suring equality of opportunity, full partici- dent of the United States was commu- tions, individualized education pation, independent living, and economic nicated to the House by Mr. Sherman programs, and educational self-sufficiency for individuals with disabil- Williams, one of his secretaries. placements. ities. ‘‘Sec. 615. Procedural safeguards. ‘‘(2) Before the date of the enactment of f ‘‘Sec. 616. Withholding and judicial review. the Education for All Handicapped Children ‘‘Sec. 617. Administration. Act of 1975 (Public Law 94–142)— ANNOUNCEMENT BY THE SPEAKER ‘‘Sec. 618. Program information. ‘‘(A) the special educational needs of chil- PRO TEMPORE ‘‘Sec. 619. Preschool grants. dren with disabilities were not being fully The SPEAKER pro tempore (Mr. ‘‘PART C—INFANTS AND TODDLERS WITH met; DISABILITIES ‘‘(B) more than one-half of the children PEASE). Pursuant to the provisions of with disabilities in the United States did not clause 5 of rule I, the Chair announces ‘‘Sec. 631. Findings and policy. ‘‘Sec. 632. Definitions. receive appropriate educational services that that he will postpone further proceed- ‘‘Sec. 633. General authority. would enable such children to have full ings today on each motion to suspend ‘‘Sec. 634. Eligibility. equality of opportunity; the rules on which a recorded vote or ‘‘Sec. 635. Requirements for statewide sys- ‘‘(C) 1,000,000 of the children with disabil- the yeas and nays are ordered, or on tem. ities in the United States were excluded en- which the vote is objected to under ‘‘Sec. 636. Individualized family service plan. tirely from the public school system and did clause 4 of rule XV. ‘‘Sec. 637. State application and assurances. not go through the educational process with ‘‘Sec. 638. Uses of funds. their peers; Such rollcall votes, if postponed, will ‘‘Sec. 639. Procedural safeguards. ‘‘(D) there were many children with dis- be taken after debate has concluded on ‘‘Sec. 640. Payor of last resort. abilities throughout the United States par- all motions to suspend the rules, but ‘‘Sec. 641. State Interagency Coordinating ticipating in regular school programs whose not before 5 p.m. today. Council. disabilities prevented such children from May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2499 having a successful educational experience higher: 53 percent for Hispanics, 13.2 percent colleges and universities continues to de- because their disabilities were undetected; for African-Americans, and 107.8 percent for crease. and Asians. ‘‘(E) Ten years ago, 12 percent of the Unit- ‘‘(E) because of the lack of adequate serv- ‘‘(C) By the year 2000, this Nation will have ed States teaching force in public elemen- ices within the public school system, fami- 275,000,000 people, nearly one of every three tary and secondary schools were members of lies were often forced to find services outside of whom will be either African-American, a minority group. Minorities comprised 21 the public school system, often at great dis- Hispanic, Asian-American, or American In- percent of the national population at that tance from their residence and at their own dian. time and were clearly underrepresented then expense. ‘‘(D) Taken together as a group, minority among employed teachers. Today, the ele- ‘‘(3) Since the enactment and implementa- children are comprising an ever larger per- mentary and secondary teaching force is 13 tion of the Education for All Handicapped centage of public school students. Large-city percent minority, while one-third of the stu- Children Act of 1975, this Act has been suc- school populations are overwhelmingly mi- dents in public schools are minority chil- cessful in ensuring children with disabilities nority, for example: for fall 1993, the figure dren. and the families of such children access to a for Miami was 84 percent; Chicago, 89 per- ‘‘(F) As recently as 1991, historically black free appropriate public education and in im- cent; Philadelphia, 78 percent; Baltimore, 84 colleges and universities enrolled 44 percent proving educational results for children with percent; Houston, 88 percent; and Los Ange- of the African-American teacher trainees in disabilities. les, 88 percent. the Nation. However, in 1993, historically ‘‘(4) However, the implementation of this ‘‘(E) Recruitment efforts within special black colleges and universities received only Act has been impeded by low expectations, education must focus on bringing larger 4 percent of the discretionary funds for spe- and an insufficient focus on applying numbers of minorities into the profession in cial education and related services personnel replicable research on proven methods of order to provide appropriate practitioner training under this Act. teaching and learning for children with dis- knowledge, role models, and sufficient man- ‘‘(G) While African-American students con- abilities. power to address the clearly changing de- stitute 28 percent of total enrollment in spe- ‘‘(5) Over 20 years of research and experi- mography of special education. cial education, only 11.2 percent of individ- ence has demonstrated that the education of ‘‘(F) The limited English proficient popu- uals enrolled in preservice training programs children with disabilities can be made more lation is the fastest growing in our Nation, for special education are African-American. effective by— and the growth is occurring in many parts of ‘‘(H) In 1986–87, of the degrees conferred in ‘‘(A) having high expectations for such our Nation. In the Nation’s 2 largest school education at the B.A., M.A., and Ph.D levels, children and ensuring their access in the districts, limited English students make up only 6, 8, and 8 percent, respectively, were general curriculum to the maximum extent almost half of all students initially entering awarded to African-American or Hispanic possible; school at the kindergarten level. Studies students. ‘‘(B) strengthening the role of parents and have documented apparent discrepancies in ‘‘(10) Minorities and underserved persons ensuring that families of such children have the levels of referral and placement of lim- are socially disadvantaged because of the meaningful opportunities to participate in ited English proficient children in special lack of opportunities in training and edu- the education of their children at school and education. The Department of Education has cational programs, undergirded by the prac- at home; found that services provided to limited Eng- tices in the private sector that impede their ‘‘(C) coordinating this Act with other lish proficient students often do not respond full participation in the mainstream of soci- local, educational service agency, State, and primarily to the pupil’s academic needs. ety. Federal school improvement efforts in order These trends pose special challenges for spe- ‘‘(d) PURPOSES.—The purposes of this title to ensure that such children benefit from cial education in the referral, assessment, are— such efforts and that special education can and services for our Nation’s students from ‘‘(1)(A) to ensure that all children with dis- become a service for such children rather non-English language backgrounds. abilities have available to them a free appro- than a place where they are sent; ‘‘(8)(A) Greater efforts are needed to pre- priate public education that emphasizes spe- ‘‘(D) providing appropriate special edu- vent the intensification of problems con- cial education and related services designed cation and related services and aids and sup- nected with mislabeling and high dropout to meet their unique needs and prepare them ports in the regular classroom to such chil- rates among minority children with disabil- dren, whenever appropriate; ities. for employment and independent living; ‘‘(E) supporting high-quality, intensive ‘‘(B) More minority children continue to be ‘‘(B) to ensure that the rights of children professional development for all personnel served in special education than would be ex- with disabilities and parents of such children who work with such children in order to en- pected from the percentage of minority stu- are protected; and sure that they have the skills and knowledge dents in the general school population. ‘‘(C) to assist States, localities, edu- necessary to enable them— ‘‘(C) Poor African-American children are cational service agencies, and Federal agen- ‘‘(i) to meet developmental goals and, to 2.3 times more likely to be identified by cies to provide for the education of all chil- the maximum extent possible, those chal- their teacher as having mental retardation dren with disabilities; lenging expectations that have been estab- than their white counterpart. ‘‘(2) to assist States in the implementation lished for all children; and ‘‘(D) Although African-Americans rep- of a statewide, comprehensive, coordinated, ‘‘(ii) to be prepared to lead productive, resent 16 percent of elementary and second- multidisciplinary, interagency system of independent, adult lives, to the maximum ary enrollments, they constitute 21 percent early intervention services for infants and extent possible; of total enrollments in special education. toddlers with disabilities and their families; ‘‘(F) providing incentives for whole-school ‘‘(E) The drop-out rate is 68 percent higher ‘‘(3) to ensure that educators and parents approaches and pre-referral intervention to for minorities than for whites. have the necessary tools to improve edu- reduce the need to label children as disabled ‘‘(F) More than 50 percent of minority stu- cational results for children with disabilities in order to address their learning needs; and dents in large cities drop out of school. by supporting systemic-change activities; ‘‘(G) focusing resources on teaching and ‘‘(9)(A) The opportunity for full participa- coordinated research and personnel prepara- learning while reducing paperwork and re- tion in awards for grants and contracts; tion; coordinated technical assistance, dis- quirements that do not assist in improving boards of organizations receiving funds semination, and support; and technology de- educational results. under this Act; and peer review panels; and velopment and media services; and ‘‘(6) While States, local educational agen- training of professionals in the area of spe- ‘‘(4) to assess, and ensure the effectiveness cies, and educational service agencies are re- cial education by minority individuals, orga- of, efforts to educate children with disabil- sponsible for providing an education for all nizations, and historically black colleges and ities. children with disabilities, it is in the na- universities is essential if we are to obtain ‘‘SEC. 602. DEFINITIONS. tional interest that the Federal Government greater success in the education of minority ‘‘Except as otherwise provided, as used in have a role in assisting State and local ef- children with disabilities. this Act: forts to educate children with disabilities in ‘‘(B) In 1993, of the 915,000 college and uni- ‘‘(1) ASSISTIVE TECHNOLOGY DEVICE.—The order to improve results for such children versity professors, 4.9 percent were African- term ‘assistive technology device’ means any and to ensure equal protection of the law. American and 2.4 percent were Hispanic. Of item, piece of equipment, or product system, ‘‘(7)(A) The Federal Government must be the 2,940,000 teachers, prekindergarten whether acquired commercially off the shelf, responsive to the growing needs of an in- through high school, 6.8 percent were Afri- modified, or customized, that is used to in- creasingly more diverse society. A more eq- can-American and 4.1 percent were Hispanic. crease, maintain, or improve functional ca- uitable allocation of resources is essential ‘‘(C) Students from minority groups com- pabilities of a child with a disability. for the Federal Government to meet its re- prise more than 50 percent of K–12 public ‘‘(2) ASSISTIVE TECHNOLOGY SERVICE.—The sponsibility to provide an equal educational school enrollment in seven States yet minor- term ‘assistive technology service’ means opportunity for all individuals. ity enrollment in teacher training programs any service that directly assists a child with ‘‘(B) America’s racial profile is rapidly is less than 15 percent in all but six States. a disability in the selection, acquisition, or changing. Between 1980 and 1990, the rate of ‘‘(D) As the number of African-American use of an assistive technology device. Such increase in the population for white Ameri- and Hispanic students in special education term includes— cans was 6 percent, while the rate of increase increases, the number of minority teachers ‘‘(A) the evaluation of the needs of such for racial and ethnic minorities was much and related service personnel produced in our child, including a functional evaluation of H2500 CONGRESSIONAL RECORD — HOUSE May 13, 1997 the child in the child’s customary environ- books, periodicals, documents, and other re- dian Affairs, but only to the extent that such ment; lated materials. inclusion makes the school eligible for pro- ‘‘(B) purchasing, leasing, or otherwise pro- ‘‘(7) EXCESS COSTS.—The term ‘excess costs’ grams for which specific eligibility is not viding for the acquisition of assistive tech- means those costs that are in excess of the provided to the school in another provision nology devices by such child; average annual per-student expenditure in a of law and the school does not have a student ‘‘(C) selecting, designing, fitting, customiz- local educational agency during the preced- population that is smaller than the student ing, adapting, applying, maintaining, repair- ing school year for an elementary or second- population of the local educational agency ing, or replacing of assistive technology de- ary school student, as may be appropriate, receiving assistance under this Act with the vices; and which shall be computed after deduct- smallest student population, except that the ‘‘(D) coordinating and using other thera- ing— school shall not be subject to the jurisdic- pies, interventions, or services with assistive ‘‘(A) amounts received— tion of any State educational agency other technology devices, such as those associated ‘‘(i) under part B of this title; than the Bureau of Indian Affairs. with existing education and rehabilitation ‘‘(ii) under part A of title I of the Elemen- ‘‘(16) NATIVE LANGUAGE.—The term ‘native plans and programs; tary and Secondary Education Act of 1965; or language’, when used with reference to an in- ‘‘(E) training or technical assistance for ‘‘(iii) under part A of title VII of that Act; dividual of limited English proficiency, such child, or, where appropriate, the family and means the language normally used by the in- of such child; and ‘‘(B) any State or local funds expended for dividual, or in the case of a child, the lan- ‘‘(F) training or technical assistance for programs that would qualify for assistance guage normally used by the parents of the professionals (including individuals provid- under any of those parts. child. ing education and rehabilitation services), ‘‘(8) FREE APPROPRIATE PUBLIC EDU- ‘‘(17) NONPROFIT.—The term ‘nonprofit’, as employers, or other individuals who provide CATION.—The term ‘free appropriate public applied to a school, agency, organization, or services to, employ, or are otherwise sub- education’ means special education and re- institution, means a school, agency, organi- stantially involved in the major life func- lated services that— zation, or institution owned and operated by tions of such child. ‘‘(A) have been provided at public expense, one or more nonprofit corporations or asso- ‘‘(3) CHILD WITH A DISABILITY.— under public supervision and direction, and ciations no part of the net earnings of which ‘‘(A) IN GENERAL.—The term ‘child with a without charge; disability’ means a child— ‘‘(B) meet the standards of the State edu- inures, or may lawfully inure, to the benefit ‘‘(i) with mental retardation, hearing im- cational agency; of any private shareholder or individual. pairments (including deafness), speech or ‘‘(C) include an appropriate preschool, ele- ‘‘(18) OUTLYING AREA.—The term ‘outlying language impairments, visual impairments mentary, or secondary school education in area’ means the United States Virgin Is- (including blindness), serious emotional dis- the State involved; and lands, Guam, American Samoa, and the Com- turbance (hereinafter referred to as ‘emo- ‘‘(D) are provided in conformity with the monwealth of the Northern Mariana Islands. tional disturbance’), orthopedic impair- individualized education program required ‘‘(19) PARENT.—The term ‘parent’— ments, autism, traumatic brain injury, other under section 614(d). ‘‘(A) includes a legal guardian; and health impairments, or specific learning dis- ‘‘(9) INDIAN.—The term ‘Indian’ means an ‘‘(B) except as used in sections 615(b)(2) and abilities; and individual who is a member of an Indian 639(a)(5), includes an individual assigned ‘‘(ii) who, by reason thereof, needs special tribe. under either of those sections to be a surro- education and related services. ‘‘(10) INDIAN TRIBE.—The term ‘Indian gate parent. ‘‘(B) CHILD AGED 3 THROUGH 9.—The term tribe’ means any Federal or State Indian ‘‘(20) PARENT ORGANIZATION.—The term ‘child with a disability’ for a child aged 3 tribe, band, rancheria, pueblo, colony, or ‘parent organization’ has the meaning given through 9 may, at the discretion of the State community, including any Alaska Native that term in section 682(g). and the local educational agency, include a village or regional village corporation (as de- ‘‘(21) PARENT TRAINING AND INFORMATION child— fined in or established under the Alaska Na- CENTER.—The term ‘parent training and in- ‘‘(i) experiencing developmental delays, as tive Claims Settlement Act). formation center’ means a center assisted defined by the State and as measured by ap- ‘‘(11) INDIVIDUALIZED EDUCATION PROGRAM.— under section 682 or 683. propriate diagnostic instruments and proce- The term ‘individualized education program’ ‘‘(22) RELATED SERVICES.—The term ‘relat- dures, in one or more of the following areas: or ‘IEP’ means a written statement for each ed services’ means transportation, and such physical development, cognitive develop- child with a disability that is developed, re- developmental, corrective, and other sup- ment, communication development, social or viewed, and revised in accordance with sec- portive services (including speech-language emotional development, or adaptive develop- tion 614(d). pathology and audiology services, psycho- ment; and ‘‘(12) INDIVIDUALIZED FAMILY SERVICE logical services, physical and occupational ‘‘(ii) who, by reason thereof, needs special PLAN.—The term ‘individualized family serv- therapy, recreation, including therapeutic education and related services. ice plan’ has the meaning given such term in recreation, social work services, counseling ‘‘(4) EDUCATIONAL SERVICE AGENCY.—The section 636. services, including rehabilitation counseling, term ‘educational service agency’— ‘‘(13) INFANT OR TODDLER WITH A DISABIL- orientation and mobility services, and medi- ‘‘(A) means a regional public multiservice ITY.—The term ‘infant or toddler with a dis- cal services, except that such medical serv- agency— ability’ has the meaning given such term in ices shall be for diagnostic and evaluation ‘‘(i) authorized by State law to develop, section 632. purposes only) as may be required to assist a manage, and provide services or programs to ‘‘(14) INSTITUTION OF HIGHER EDUCATION.— child with a disability to benefit from spe- local educational agencies; and The term ‘institution of higher education’— cial education, and includes the early identi- ‘‘(ii) recognized as an administrative agen- ‘‘(A) has the meaning given that term in fication and assessment of disabling condi- cy for purposes of the provision of special section 1201(a) of the Higher Education Act tions in children. education and related services provided of 1965; and ‘‘(23) SECONDARY SCHOOL.—The term ‘sec- within public elementary and secondary ‘‘(B) also includes any community college ondary school’ means a nonprofit institu- schools of the State; and receiving funding from the Secretary of the tional day or residential school that provides ‘‘(B) includes any other public institution Interior under the Tribally Controlled Com- secondary education, as determined under or agency having administrative control and munity College Assistance Act of 1978. State law, except that it does not include direction over a public elementary or sec- ‘‘(15) LOCAL EDUCATIONAL AGENCY.— any education beyond grade 12. ondary school. ‘‘(A) The term ‘local educational agency’ ‘‘(24) SECRETARY.—The term ‘Secretary’ ‘‘(5) ELEMENTARY SCHOOL.—The term ‘ele- means a public board of education or other means the Secretary of Education. mentary school’ means a nonprofit institu- public authority legally constituted within a ‘‘(25) SPECIAL EDUCATION.—The term ‘spe- tional day or residential school that provides State for either administrative control or di- cial education’ means specially designed in- elementary education, as determined under rection of, or to perform a service function struction, at no cost to parents, to meet the State law. for, public elementary or secondary schools unique needs of a child with a disability, in- ‘‘(6) EQUIPMENT.—The term ‘equipment’ in- in a city, county, township, school district, cluding— cludes— or other political subdivision of a State, or ‘‘(A) instruction conducted in the class- ‘‘(A) machinery, utilities, and built-in for such combination of school districts or room, in the home, in hospitals and institu- equipment and any necessary enclosures or counties as are recognized in a State as an tions, and in other settings; and structures to house such machinery, utili- administrative agency for its public elemen- ‘‘(B) instruction in physical education. ties, or equipment; and tary or secondary schools. ‘‘(26) SPECIFIC LEARNING DISABILITY.— ‘‘(B) all other items necessary for the func- ‘‘(B) The term includes— ‘‘(A) IN GENERAL.—The term ‘specific learn- tioning of a particular facility as a facility ‘‘(i) an educational service agency, as de- ing disability’ means a disorder in one or for the provision of educational services, in- fined in paragraph (4); and more of the basic psychological processes in- cluding items such as instructional equip- ‘‘(ii) any other public institution or agency volved in understanding or in using lan- ment and necessary furniture; printed, pub- having administrative control and direction guage, spoken or written, which disorder lished, and audio-visual instructional mate- of a public elementary or secondary school. may manifest itself in imperfect ability to rials; telecommunications, sensory, and ‘‘(C) The term includes an elementary or listen, think, speak, read, write, spell, or do other technological aids and devices; and secondary school funded by the Bureau of In- mathematical calculations. May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2501

‘‘(B) DISORDERS INCLUDED.—Such term in- ‘‘(c) EFFECTIVE DATE.—Subsections (a) and summary information as the Secretary de- cludes such conditions as perceptual disabil- (b) apply with respect to violations that termines to be appropriate. ities, brain injury, minimal brain dysfunc- occur in whole or part after the date of the ‘‘(e) ISSUES OF NATIONAL SIGNIFICANCE.—If tion, dyslexia, and developmental aphasia. enactment of the Education of the Handi- the Secretary receives a written request re- ‘‘(C) DISORDERS NOT INCLUDED.—Such term capped Act Amendments of 1990. garding a policy, question, or interpretation does not include a learning problem that is ‘‘SEC. 605. ACQUISITION OF EQUIPMENT; CON- under part B of this Act, and determines that primarily the result of visual, hearing, or STRUCTION OR ALTERATION OF FA- it raises an issue of general interest or appli- motor disabilities, of mental retardation, of CILITIES. cability of national significance to the im- emotional disturbance, or of environmental, ‘‘(a) IN GENERAL.—If the Secretary deter- plementation of part B, the Secretary shall— cultural, or economic disadvantage. mines that a program authorized under this ‘‘(1) include a statement to that effect in ‘‘(27) STATE.—The term ‘State’ means each Act would be improved by permitting pro- any written response; of the 50 States, the District of Columbia, gram funds to be used to acquire appropriate ‘‘(2) widely disseminate that response to the Commonwealth of Puerto Rico, and each equipment, or to construct new facilities or State educational agencies, local edu- of the outlying areas. alter existing facilities, the Secretary is au- cational agencies, parent and advocacy orga- ‘‘(28) STATE EDUCATIONAL AGENCY.—The thorized to allow the use of those funds for nizations, and other interested organiza- term ‘State educational agency’ means the those purposes. tions, subject to applicable laws relating to State board of education or other agency or ‘‘(b) COMPLIANCE WITH CERTAIN REGULA- confidentiality of information; and ‘‘(3) not later than one year after the date officer primarily responsible for the State TIONS.—Any construction of new facilities or supervision of public elementary and second- alteration of existing facilities under sub- on which the Secretary responds to the writ- ary schools, or, if there is no such officer or section (a) shall comply with the require- ten request, issue written guidance on such agency, an officer or agency designated by ments of— policy, question, or interpretation through the Governor or by State law. ‘‘(1) appendix A of part 36 of title 28, Code such means as the Secretary determines to be appropriate and consistent with law, such ‘‘(29) SUPPLEMENTARY AIDS AND SERVICES.— of Federal Regulations (commonly known as as a policy memorandum, notice of interpre- The term ‘supplementary aids and services’ the ‘Americans with Disabilities Accessibil- tation, or notice of proposed rulemaking. means, aids, services, and other supports ity Guidelines for Buildings and Facilities’); ‘‘(f) EXPLANATION.—Any written response that are provided in regular education class- or by the Secretary under subsection (e) regard- es or other education-related settings to en- ‘‘(2) appendix A of part 101-19.6 of title 41, ing a policy, question, or interpretation able children with disabilities to be educated Code of Federal Regulations (commonly under part B of this Act shall include an ex- with nondisabled children to the maximum known as the ‘Uniform Federal Accessibility planation that the written response— extent appropriate in accordance with sec- Standards’). ‘‘(1) is provided as informal guidance and is tion 612(a)(5). ‘‘SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH not legally binding; and ‘‘(30) TRANSITION SERVICES.—The term DISABILITIES. ‘‘(2) represents the interpretation by the ‘transition services’ means a coordinated set ‘‘The Secretary shall ensure that each re- Department of Education of the applicable of activities for a student with a disability cipient of assistance under this Act makes statutory or regulatory requirements in the that— positive efforts to employ and advance in context of the specific facts presented. ‘‘(A) is designed within an outcome-ori- employment qualified individuals with dis- ‘‘PART B—ASSISTANCE FOR EDUCATION ented process, which promotes movement abilities in programs assisted under this Act. OF ALL CHILDREN WITH DISABILITIES from school to post-school activities, includ- ‘‘SEC. 607. REQUIREMENTS FOR PRESCRIBING ing post-secondary education, vocational ‘‘SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF REGULATIONS. FUNDS; AUTHORIZATION OF APPRO- training, integrated employment (including ‘‘(a) PUBLIC COMMENT PERIOD.—The Sec- PRIATIONS. supported employment), continuing and retary shall provide a public comment period ‘‘(a) GRANTS TO STATES.— adult education, adult services, independent of at least 90 days on any regulation pro- ‘‘(1) PURPOSE OF GRANTS.—The Secretary living, or community participation; posed under part B or part C of this Act on shall make grants to States and the outlying ‘‘(B) is based upon the individual student’s which an opportunity for public comment is areas, and provide funds to the Secretary of needs, taking into account the student’s otherwise required by law. the Interior, to assist them to provide spe- preferences and interests; and ‘‘(b) PROTECTIONS PROVIDED TO CHILDREN.— cial education and related services to chil- ‘‘(C) includes instruction, related services, The Secretary may not implement, or pub- dren with disabilities in accordance with this community experiences, the development of lish in final form, any regulation prescribed part. employment and other post-school adult liv- pursuant to this Act that would procedurally ‘‘(2) MAXIMUM AMOUNTS.—The maximum ing objectives, and, when appropriate, acqui- or substantively lessen the protections pro- amount of the grant a State may receive sition of daily living skills and functional vided to children with disabilities under this under this section for any fiscal year is— vocational evaluation. Act, as embodied in regulations in effect on ‘‘(A) the number of children with disabil- ‘‘SEC. 603. OFFICE OF SPECIAL EDUCATION PRO- July 20, 1983 (particularly as such protec- ities in the State who are receiving special GRAMS. tions relate to parental consent to initial education and related services— ‘‘(a) ESTABLISHMENT.—There shall be, with- evaluation or initial placement in special ‘‘(i) aged three through five if the State is in the Office of Special Education and Reha- education, least restrictive environment, re- eligible for a grant under section 619; and bilitative Services in the Department of lated services, timelines, attendance of eval- ‘‘(ii) aged six through 21; multiplied by Education, an Office of Special Education uation personnel at individualized education ‘‘(B) 40 percent of the average per-pupil ex- Programs, which shall be the principal agen- program meetings, or qualifications of per- penditure in public elementary and second- cy in such Department for administering and sonnel), except to the extent that such regu- ary schools in the United States. carrying out this Act and other programs lation reflects the clear and unequivocal in- ‘‘(b) OUTLYING AREAS AND FREELY ASSOCI- and activities concerning the education of tent of the Congress in legislation. ATED STATES.— children with disabilities. ‘‘(c) POLICY LETTERS AND STATEMENTS.— ‘‘(1) FUNDS RESERVED.—From the amount ‘‘(b) DIRECTOR.—The Office established The Secretary may not, through policy let- appropriated for any fiscal year under sub- under subsection (a) shall be headed by a Di- ters or other statements, establish a rule section (j), the Secretary shall reserve not rector who shall be selected by the Secretary more than one percent, which shall be used— and shall report directly to the Assistant that is required for compliance with, and eli- Secretary for Special Education and Reha- gibility under, this part without following ‘‘(A) to provide assistance to the outlying bilitative Services. the requirements of section 553 of title 5, areas in accordance with their respective ‘‘(c) VOLUNTARY AND UNCOMPENSATED United States Code. populations of individuals aged three SERVICES.—Notwithstanding section 1342 of ‘‘(d) CORRESPONDENCE FROM DEPARTMENT through 21; and title 31, United States Code, the Secretary is OF EDUCATION DESCRIBING INTERPRETATIONS ‘‘(B) for fiscal years 1998 through 2001, to authorized to accept voluntary and uncom- OF THIS PART.— carry out the competition described in para- pensated services in furtherance of the pur- ‘‘(1) IN GENERAL.—The Secretary shall, on a graph (2), except that the amount reserved to poses of this Act. quarterly basis, publish in the Federal Reg- carry out that competition shall not exceed ‘‘SEC. 604. ABROGATION OF STATE SOVEREIGN ister, and widely disseminate to interested the amount reserved for fiscal year 1996 for IMMUNITY. entities through various additional forms of the competition under part B of this Act de- ‘‘(a) IN GENERAL.—A State shall not be im- communication, a list of correspondence scribed under the heading ‘‘SPECIAL EDU- mune under the eleventh amendment to the from the Department of Education received CATION’’ in Public Law 104–134. Constitution of the United States from suit by individuals during the previous quarter ‘‘(2) LIMITATION FOR FREELY ASSOCIATED in Federal court for a violation of this Act. that describes the interpretations of the De- STATES.— ‘‘(b) REMEDIES.—In a suit against a State partment of Education of this Act or the reg- ‘‘(A) COMPETITIVE GRANTS.—The Secretary for a violation of this Act, remedies (includ- ulations implemented pursuant to this Act. shall use funds described in paragraph (1)(B) ing remedies both at law and in equity) are ‘‘(2) ADDITIONAL INFORMATION.—For each to award grants, on a competitive basis, to available for such a violation to the same ex- item of correspondence published in a list Guam, American Samoa, the Commonwealth tent as those remedies are available for such under paragraph (1), the Secretary shall of the Northern Mariana Islands, and the a violation in the suit against any public en- identify the topic addressed by the cor- freely associated States to carry out the pur- tity other than a State. respondence and shall include such other poses of this part. H2502 CONGRESSIONAL RECORD — HOUSE May 13, 1997

‘‘(B) AWARD BASIS.—The Secretary shall 611(a)(3) may, at the State’s discretion, be ‘‘(iii) Notwithstanding clause (ii), no award grants under subparagraph (A) on a calculated as of the last Friday in October or State’s allocation under this paragraph shall competitive basis, pursuant to the rec- as of December 1 of the fiscal year for which exceed the sum of— ommendations of the Pacific Region Edu- the funds are appropriated. ‘‘(I) the amount it received for the preced- cational Laboratory in Honolulu, Hawaii. ‘‘(e) PERMANENT FORMULA.— ing fiscal year; and Those recommendations shall be made by ex- ‘‘(1) ESTABLISHMENT OF BASE YEAR.—The ‘‘(II) that amount multiplied by the sum of perts in the field of special education and re- Secretary shall allocate the amount de- 1.5 percent and the percentage increase in lated services. scribed in subsection (d)(1) among the States the amount appropriated. ‘‘(C) ASSISTANCE REQUIREMENTS.—Any free- in accordance with this subsection for each ‘‘(C) If the amount available for alloca- ly associated State that wishes to receive fiscal year beginning with the first fiscal tions under this paragraph is insufficient to funds under this part shall include, in its ap- year for which the amount appropriated pay those allocations in full, those alloca- plication for assistance— under subsection (j) is more than tions shall be ratably reduced, subject to ‘‘(i) information demonstrating that it will $4,924,672,200. subparagraph (B)(i). meet all conditions that apply to States ‘‘(2) USE OF BASE YEAR.— ‘‘(4) DECREASE IN FUNDS.—If the amount under this part; ‘‘(A) DEFINITION.—As used in this sub- available for allocations to States under ‘‘(ii) an assurance that, notwithstanding section, the term ‘base year’ means the fiscal paragraph (1) is less than the amount allo- any other provision of this part, it will use year preceding the first fiscal year in which cated to the States under this section for the those funds only for the direct provision of this subsection applies. preceding fiscal year, those allocations shall special education and related services to ‘‘(B) SPECIAL RULE FOR USE OF BASE YEAR be calculated as follows: children with disabilities and to enhance its AMOUNT.—If a State received any funds under ‘‘(A) If the amount available for alloca- capacity to make a free appropriate public this section for the base year on the basis of tions is greater than the amount allocated to education available to all children with dis- children aged three through five, but does the States for the base year, each State shall abilities; not make a free appropriate public education be allocated the sum of— ‘‘(iii) the identity of the source and available to all children with disabilities ‘‘(i) the amount it received for the base amount of funds, in addition to funds under aged three through five in the State in any year; and this part, that it will make available to en- subsequent fiscal year, the Secretary shall ‘‘(ii) an amount that bears the same rela- sure that a free appropriate public education tion to any remaining funds as the increase is available to all children with disabilities compute the State’s base year amount, sole- ly for the purpose of calculating the State’s the State received for the preceding fiscal within its jurisdiction; and year over the base year bears to the total of ‘‘(iv) such other information and assur- allocation in that subsequent year under paragraph (3) or (4), by subtracting the all such increases for all States. ances as the Secretary may require. ‘‘(B)(i) If the amount available for alloca- ‘‘(D) TERMINATION OF ELIGIBILITY.—Not- amount allocated to the State for the base year on the basis of those children. tions is equal to or less than the amount al- withstanding any other provision of law, the located to the States for the base year, each freely associated States shall not receive ‘‘(3) INCREASE IN FUNDS.—If the amount available for allocations to States under State shall be allocated the amount it re- any funds under this part for any program ceived for the base year. year that begins after September 30, 2001. paragraph (1) is equal to or greater than the amount allocated to the States under this ‘‘(ii) If the amount available is insufficient ‘‘(E) ADMINISTRATIVE COSTS.—The Sec- to make the allocations described in clause retary may provide not more than five per- paragraph for the preceding fiscal year, those allocations shall be calculated as fol- (i), those allocations shall be ratably re- cent of the amount reserved for grants under duced. this paragraph to pay the administrative lows: costs of the Pacific Region Educational Lab- ‘‘(A)(i) Except as provided in subparagraph ‘‘(f) STATE-LEVEL ACTIVITIES.— oratory under subparagraph (B). (B), the Secretary shall— ‘‘(1) GENERAL.— ‘‘(3) LIMITATION.—An outlying area is not ‘‘(I) allocate to each State the amount it ‘‘(A) Each State may retain not more than eligible for a competitive award under para- received for the base year; the amount described in subparagraph (B) for graph (2) unless it receives assistance under ‘‘(II) allocate 85 percent of any remaining administration and other State-level activi- paragraph (1)(A). funds to States on the basis of their relative ties in accordance with paragraphs (2) and ‘‘(4) SPECIAL RULE.—The provisions of Pub- populations of children aged 3 through 21 (3). lic Law 95–134, permitting the consolidation who are of the same age as children with dis- ‘‘(B) For each fiscal year, the Secretary of grants by the outlying areas, shall not abilities for whom the State ensures the shall determine and report to the State edu- apply to funds provided to those areas or to availability of a free appropriate public edu- cational agency an amount that is 25 percent the freely associated States under this sec- cation under this part; and of the amount the State received under this tion. ‘‘(III) allocate 15 percent of those remain- section for fiscal year 1997, cumulatively ad- ‘‘(5) ELIGIBILITY FOR DISCRETIONARY PRO- ing funds to States on the basis of their rel- justed by the Secretary for each succeeding GRAMS.—The freely associated States shall ative populations of children described in fiscal year by the lesser of— be eligible to receive assistance under sub- subclause (II) who are living in poverty. ‘‘(i) the percentage increase, if any, from part 2 of part D of this Act until September ‘‘(ii) For the purpose of making grants the preceding fiscal year in the State’s allo- 30, 2001. under this paragraph, the Secretary shall use cation under this section; or ‘‘(6) DEFINITION.—As used in this sub- the most recent population data, including ‘‘(ii) the rate of inflation, as measured by section, the term ‘freely associated States’ data on children living in poverty, that are the percentage increase, if any, from the pre- means the Republic of the Marshall Islands, available and satisfactory to the Secretary. ceding fiscal year in the Consumer Price the Federated States of Micronesia, and the ‘‘(B) Notwithstanding subparagraph (A), al- Index For All Urban Consumers, published Republic of Palau. locations under this paragraph shall be sub- by the Bureau of Labor Statistics of the De- ‘‘(c) SECRETARY OF THE INTERIOR.—From ject to the following: partment of Labor. the amount appropriated for any fiscal year ‘‘(i) No State’s allocation shall be less than ‘‘(C) A State may use funds it retains under subsection (j), the Secretary shall re- its allocation for the preceding fiscal year. under subparagraph (A) without regard to— serve 1.226 percent to provide assistance to ‘‘(ii) No State’s allocation shall be less ‘‘(i) the prohibition on commingling of the Secretary of the Interior in accordance than the greatest of— funds in section 612(a)(18)(B); and with subsection (i). ‘‘(I) the sum of— ‘‘(ii) the prohibition on supplanting other ‘‘(d) ALLOCATIONS TO STATES.— ‘‘(aa) the amount it received for the base funds in section 612(a)(18)(C). ‘‘(1) IN GENERAL.—After reserving funds for year; and ‘‘(2) STATE ADMINISTRATION.— studies and evaluations under section 674(e), ‘‘(bb) one third of one percent of the ‘‘(A) For the purpose of administering this and for payments to the outlying areas and amount by which the amount appropriated part, including section 619 (including the co- the Secretary of the Interior under sub- under subsection (j) exceeds the amount ap- ordination of activities under this part with, sections (b) and (c), the Secretary shall allo- propriated under this section for the base and providing technical assistance to, other cate the remaining amount among the year; programs that provide services to children States in accordance with paragraph (2) or ‘‘(II) the sum of— with disabilities)— subsection (e), as the case may be. ‘‘(aa) the amount it received for the pre- ‘‘(i) each State may use not more than ‘‘(2) INTERIM FORMULA.—Except as provided ceding fiscal year; and twenty percent of the maximum amount it in subsection (e), the Secretary shall allo- ‘‘(bb) that amount multiplied by the per- may retain under paragraph (1)(A) for any cate the amount described in paragraph (1) centage by which the increase in the funds fiscal year or $500,000 (adjusted by the cumu- among the States in accordance with section appropriated from the preceding fiscal year lative rate of inflation since fiscal year 1998, 611(a)(3), (4), and (5) and (b)(1), (2), and (3) of exceeds 1.5 percent; or as measured by the percentage increase, if this Act, as in effect prior to the enactment ‘‘(III) the sum of— any, in the Consumer Price Index For All of the Individuals with Disabilities Edu- ‘‘(aa) the amount it received for the pre- Urban Consumers, published by the Bureau cation Act Amendments of 1997, except that ceding fiscal year; and of Labor Statistics of the Department of the determination of the number of children ‘‘(bb) that amount multiplied by 90 percent Labor), whichever is greater; and with disabilities receiving special education of the percentage increase in the amount ap- ‘‘(ii) each outlying area may use up to five and related services under such section propriated from the preceding fiscal year. percent of the amount it receives under this May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2503 section for any fiscal year or $35,000, which- ‘‘(v) Increasing cooperative problem-solv- of title I of the Elementary and Secondary ever is greater. ing between parents and school personnel Education Act of 1965 receives, from the ‘‘(B) Funds described in subparagraph (A) and promoting the use of alternative dispute combination of funds under subsection may also be used for the administration of resolution. (f)(1)(A) and funds provided under paragraph part C of this Act, if the State educational ‘‘(B) MAXIMUM SUBGRANT.—For each fiscal (1) of this subsection, an amount equal to— agency is the lead agency for the State under year, the amount referred to in subparagraph ‘‘(I) the number of children with disabil- that part. (A) is— ities, aged 6 through 21, to whom the agency ‘‘(3) OTHER STATE-LEVEL ACTIVITIES.—Each ‘‘(i) the maximum amount the State was was providing special education and related State shall use any funds it retains under allowed to retain under paragraph (1)(A) for services on December 1 of the fiscal year for paragraph (1) and does not use for adminis- the prior fiscal year, or for fiscal year 1998, which the funds were appropriated, subject tration under paragraph (2) for any of the 25 percent of the State’s allocation for fiscal to the limitation in subparagraph (B); multi- following: year 1997 under this section; multiplied by plied by ‘‘(A) Support and direct services, including ‘‘(ii) the difference between the percentage ‘‘(II) the per-child amount provided under technical assistance and personnel develop- increase in the State’s allocation under this such subpart for fiscal year 1994; and ment and training. section and the rate of inflation, as meas- ‘‘(ii) may use those funds to ensure that ‘‘(B) Administrative costs of monitoring ured by the percentage increase, if any, from each local educational agency that received and complaint investigation, but only to the the preceding fiscal year in the Consumer fiscal year 1994 funds under that subpart for extent that those costs exceed the costs in- Price Index For All Urban Consumers, pub- children who had transferred from a State- curred for those activities during fiscal year lished by the Bureau of Labor Statistics of operated or State-supported school or pro- 1985. the Department of Labor. gram assisted under that subpart receives, ‘‘(C) To establish and implement the medi- ‘‘(5) REPORT ON USE OF FUNDS.—As part of from the combination of funds available ation process required by section 615(e), in- the information required to be submitted to under subsection (f)(1)(A) and funds provided cluding providing for the costs of mediators the Secretary under section 612, each State under paragraph (1) of this subsection, an and support personnel. shall annually describe— amount for each such child, aged 3 through ‘‘(D) To assist local educational agencies in ‘‘(A) how amounts retained under para- 21 to whom the agency was providing special meeting personnel shortages. graph (1) will be used to meet the require- ‘‘(E) To develop a State Improvement Plan ments of this part; education and related services on December under subpart 1 of part D. ‘‘(B) how those amounts will be allocated 1 of the fiscal year for which the funds were ‘‘(F) Activities at the State and local lev- among the activities described in paragraphs appropriated, equal to the per-child amount els to meet the performance goals estab- (2) and (3) to meet State priorities based on the agency received under that subpart for lished by the State under section 612(a)(16) input from local educational agencies; and fiscal year 1994. and to support implementation of the State ‘‘(C) the percentage of those amounts, if ‘‘(B) The number of children counted under Improvement Plan under subpart 1 of part D any, that will be distributed to local edu- subparagraph (A)(i)(I) shall not exceed the if the State receives funds under that sub- cational agencies by formula. number of children aged 3 through 21 for part. ‘‘(g) SUBGRANTS TO LOCAL EDUCATIONAL whom the agency received fiscal year 1994 ‘‘(G) To supplement other amounts used to AGENCIES.— funds under subpart 2 of part D of chapter 1 develop and implement a Statewide coordi- ‘‘(1) SUBGRANTS REQUIRED.—Each State of title I of the Elementary and Secondary nated services system designed to improve that receives a grant under this section for Education Act of 1965. results for children and families, including any fiscal year shall distribute any funds it ‘‘(4) REALLOCATION OF FUNDS.—If a State children with disabilities and their families, does not retain under subsection (f) (at least educational agency determines that a local but not to exceed one percent of the amount 75 percent of the grant funds) to local edu- educational agency is adequately providing a received by the State under this section. cational agencies in the State that have es- free appropriate public education to all chil- This system shall be coordinated with and, tablished their eligibility under section 613, dren with disabilities residing in the area to the extent appropriate, build on the sys- and to State agencies that received funds served by that agency with State and local tem of coordinated services developed by the under section 614A(a) of this Act for fiscal funds, the State educational agency may re- State under part C of this Act. year 1997, as then in effect, and have estab- allocate any portion of the funds under this ‘‘(H) For subgrants to local educational lished their eligibility under section 613, for part that are not needed by that local agen- agencies for the purposes described in para- use in accordance with this part. cy to provide a free appropriate public edu- graph (4)(A). ‘‘(2) ALLOCATIONS TO LOCAL EDUCATIONAL cation to other local educational agencies in ‘‘(4)(A) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— the State that are not adequately providing AGENCIES FOR CAPACITY-BUILDING AND IM- ‘‘(A) INTERIM PROCEDURE.—For each fiscal special education and related services to all PROVEMENT.—In any fiscal year in which the year for which funds are allocated to States children with disabilities residing in the percentage increase in the State’s allocation under subsection (d)(2), each State shall allo- areas they serve. cate funds under paragraph (1) in accordance under this section exceeds the rate of infla- ‘‘(h) DEFINITIONS.—For the purpose of this with section 611(d) of this Act, as in effect tion (as measured by the percentage in- section— crease, if any, from the preceding fiscal year prior to the enactment of the Individuals ‘‘(1) the term ‘average per-pupil expendi- in the Consumer Price Index For All Urban with Disabilities Education Act Amend- ture in public elementary and secondary Consumers, published by the Bureau of ments of 1997. schools in the United States’ means— Labor Statistics of the Department of ‘‘(B) PERMANENT PROCEDURE.—For each fis- ‘‘(A) without regard to the source of Labor), each State shall reserve, from its al- cal year for which funds are allocated to funds— location under this section, the amount de- States under subsection (e), each State shall ‘‘(i) the aggregate current expenditures, scribed in subparagraph (B) to make sub- allocate funds under paragraph (1) as follows: during the second fiscal year preceding the grants to local educational agencies, unless ‘‘(i) BASE PAYMENTS.—The State shall first fiscal year for which the determination is that amount is less than $100,000, to assist award each agency described in paragraph (1) made (or, if satisfactory data for that year them in providing direct services and in the amount that agency would have received are not available, during the most recent making systemic change to improve results under this section for the base year, as de- preceding fiscal year for which satisfactory for children with disabilities through one or fined in subsection (e)(2)(A), if the State had data are available) of all local educational more of the following: distributed 75 percent of its grant for that agencies in the 50 States and the District of ‘‘(i) Direct services, including alternative year under section 611(d), as then in effect. Columbia); plus programming for children who have been ex- ‘‘(ii) ALLOCATION OF REMAINING FUNDS.— ‘‘(ii) any direct expenditures by the State pelled from school, and services for children After making allocations under clause (i), for the operation of those agencies; divided in correctional facilities, children enrolled in the State shall— by State-operated or State-supported schools, ‘‘(I) allocate 85 percent of any remaining ‘‘(B) the aggregate number of children in and children in charter schools. funds to those agencies on the basis of the average daily attendance to whom those ‘‘(ii) Addressing needs or carrying out im- relative numbers of children enrolled in pub- agencies provided free public education dur- provement strategies identified in the lic and private elementary and secondary ing that preceding year; and State’s Improvement Plan under subpart 1 of schools within the agency’s jurisdiction; and ‘‘(2) the term ‘State’ means each of the 50 part D. ‘‘(II) allocate 15 percent of those remaining States, the District of Columbia, and the ‘‘(iii) Adopting promising practices, mate- funds to those agencies in accordance with Commonwealth of Puerto Rico. rials, and technology, based on knowledge their relative numbers of children living in derived from education research and other poverty, as determined by the State edu- ‘‘(i) USE OF AMOUNTS BY SECRETARY OF THE sources. cational agency. INTERIOR.— ‘‘(iv) Establishing, expanding, or imple- ‘‘(3) FORMER CHAPTER 1 STATE AGENCIES.— ‘‘(1) PROVISION OF AMOUNTS FOR ASSIST- menting interagency agreements and ar- ‘‘(A) To the extent necessary, the State— ANCE.— rangements between local educational agen- ‘‘(i) shall use funds that are available ‘‘(A) IN GENERAL.—The Secretary of Edu- cies and other agencies or organizations con- under subsection (f)(1)(A) to ensure that each cation shall provide amounts to the Sec- cerning the provision of services to children State agency that received fiscal year 1994 retary of the Interior to meet the need for with disabilities and their families. funds under subpart 2 of part D of chapter 1 assistance for the education of children with H2504 CONGRESSIONAL RECORD — HOUSE May 13, 1997 disabilities on reservations aged 5 to 21, in- other entities under this part, and will fulfill ordination of services benefiting these chil- clusive, enrolled in elementary and second- its duties under this part. dren from whatever source, including tribes, ary schools for Indian children operated or Section 616(a) shall apply to the information the Indian Health Service, other BIA divi- funded by the Secretary of the Interior. The described in this paragraph. sions, and other Federal agencies. In devel- amount of such payment for any fiscal year ‘‘(3) PAYMENTS FOR EDUCATION AND SERV- oping the plan, the Secretary of the Interior shall be equal to 80 percent of the amount al- ICES FOR INDIAN CHILDREN WITH DISABILITIES shall consult with all interested and involved lotted under subsection (c) for that fiscal AGED 3 THROUGH 5.— parties. It shall be based on the needs of the year. ‘‘(A) IN GENERAL.—With funds appropriated children and the system best suited for meet- ‘‘(B) CALCULATION OF NUMBER OF CHIL- under subsection (j), the Secretary of Edu- ing those needs, and may involve the estab- DREN.—In the case of Indian students aged 3 cation shall make payments to the Secretary lishment of cooperative agreements between to 5, inclusive, who are enrolled in programs of the Interior to be distributed to tribes or the BIA, other Federal agencies, and other affiliated with the Bureau of Indian Affairs tribal organizations (as defined under section entities. The plan shall also be distributed (hereafter in this subsection referred to as 4 of the Indian Self-Determination and Edu- upon request to States, State and local edu- ‘BIA’) schools and that are required by the cation Assistance Act) or consortia of the cational agencies, and other agencies provid- States in which such schools are located to above to provide for the coordination of as- ing services to infants, toddlers, and children attain or maintain State accreditation, and sistance for special education and related with disabilities, to tribes, and to other in- which schools have such accreditation prior services for children with disabilities aged 3 terested parties. to the date of enactment of the Individuals through 5 on reservations served by elemen- ‘‘(5) ESTABLISHMENT OF ADVISORY BOARD.— tary and secondary schools for Indian chil- To meet the requirements of section with Disabilities Education Act Amend- dren operated or funded by the Department 612(a)(21), the Secretary of the Interior shall ments of 1991, the school shall be allowed to of the Interior. The amount of such pay- establish, not later than 6 months after the count those children for the purpose of dis- ments under subparagraph (B) for any fiscal date of the enactment of the Individuals tribution of the funds provided under this year shall be equal to 20 percent of the with Disabilities Education Act Amend- paragraph to the Secretary of the Interior. amount allotted under subsection (c). ments of 1997, under the BIA, an advisory The Secretary of the Interior shall be re- ‘‘(B) DISTRIBUTION OF FUNDS.—The Sec- board composed of individuals involved in or sponsible for meeting all of the requirements retary of the Interior shall distribute the concerned with the education and provision of this part for these children, in accordance total amount of the payment under subpara- of services to Indian infants, toddlers, chil- with paragraph (2). graph (A) by allocating to each tribe or trib- dren, and youth with disabilities, including ‘‘(C) ADDITIONAL REQUIREMENT.—With re- al organization an amount based on the Indians with disabilities, Indian parents or spect to all other children aged 3 to 21, inclu- number of children with disabilities ages 3 guardians of such children, teachers, service sive, on reservations, the State educational through 5 residing on reservations as re- providers, State and local educational offi- agency shall be responsible for ensuring that ported annually, divided by the total of cials, representatives of tribes or tribal orga- all of the requirements of this part are im- those children served by all tribes or tribal nizations, representatives from State Inter- plemented. organizations. agency Coordinating Councils under section ‘‘(2) SUBMISSION OF INFORMATION.—The Sec- ‘‘(C) SUBMISSION OF INFORMATION.—To re- 641 in States having reservations, and other retary of Education may provide the Sec- ceive a payment under this paragraph, the members representing the various divisions retary of the Interior amounts under para- tribe or tribal organization shall submit and entities of the BIA. The chairperson graph (1) for a fiscal year only if the Sec- such figures to the Secretary of the Interior shall be selected by the Secretary of the In- retary of the Interior submits to the Sec- as required to determine the amounts to be terior. The advisory board shall— retary of Education information that— allocated under subparagraph (B). This infor- ‘‘(A) assist in the coordination of services ‘‘(A) demonstrates that the Department of mation shall be compiled and submitted to within the BIA and with other local, State, the Interior meets the appropriate require- the Secretary of Education. and Federal agencies in the provision of edu- ments, as determined by the Secretary of ‘‘(D) USE OF FUNDS.—The funds received by cation for infants, toddlers, and children Education, of sections 612 (including mon- a tribe or tribal organization shall be used to with disabilities; itoring and evaluation activities) and 613; assist in child find, screening, and other pro- ‘‘(B) advise and assist the Secretary of the ‘‘(B) includes a description of how the Sec- cedures for the early identification of chil- Interior in the performance of the Sec- retary of the Interior will coordinate the dren aged 3 through 5, parent training, and retary’s responsibilities described in this provision of services under this part with the provision of direct services. These activi- subsection; local educational agencies, tribes and tribal ties may be carried out directly or through ‘‘(C) develop and recommend policies con- organizations, and other private and Federal contracts or cooperative agreements with cerning effective inter- and intra-agency col- service providers; the BIA, local educational agencies, and laboration, including modifications to regu- ‘‘(C) includes an assurance that there are other public or private nonprofit organiza- lations, and the elimination of barriers to public hearings, adequate notice of such tions. The tribe or tribal organization is en- inter- and intra-agency programs and activi- hearings, and an opportunity for comment couraged to involve Indian parents in the de- ties; afforded to members of tribes, tribal govern- velopment and implementation of these ac- ‘‘(D) provide assistance and disseminate in- ing bodies, and affected local school boards tivities. The above entities shall, as appro- formation on best practices, effective pro- before the adoption of the policies, pro- priate, make referrals to local, State, or gram coordination strategies, and rec- grams, and procedures described in subpara- Federal entities for the provision of services ommendations for improved educational pro- graph (A); or further diagnosis. gramming for Indian infants, toddlers, and ‘‘(D) includes an assurance that the Sec- ‘‘(E) BIENNIAL REPORT.—To be eligible to children with disabilities; and retary of the Interior will provide such infor- receive a grant pursuant to subparagraph ‘‘(E) provide assistance in the preparation mation as the Secretary of Education may (A), the tribe or tribal organization shall of information required under paragraph require to comply with section 618; provide to the Secretary of the Interior a bi- (2)(D). ‘‘(E) includes an assurance that the Sec- ennial report of activities undertaken under ‘‘(6) ANNUAL REPORTS.— retary of the Interior and the Secretary of this paragraph, including the number of con- ‘‘(A) IN GENERAL.—The advisory board es- Health and Human Services have entered tracts and cooperative agreements entered tablished under paragraph (5) shall prepare into a memorandum of agreement, to be pro- into, the number of children contacted and and submit to the Secretary of the Interior vided to the Secretary of Education, for the receiving services for each year, and the esti- and to the Congress an annual report con- coordination of services, resources, and per- mated number of children needing services taining a description of the activities of the sonnel between their respective Federal, during the 2 years following the one in which advisory board for the preceding year. State, and local offices and with State and the report is made. The Secretary of the In- ‘‘(B) AVAILABILITY.—The Secretary of the local educational agencies and other entities terior shall include a summary of this infor- Interior shall make available to the Sec- to facilitate the provision of services to In- mation on a biennial basis in the report to retary of Education the report described in dian children with disabilities residing on or the Secretary of Education required under subparagraph (A). near reservations (such agreement shall pro- this subsection. The Secretary of Education ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— vide for the apportionment of responsibil- may require any additional information For the purpose of carrying out this part, ities and costs including, but not limited to, from the Secretary of the Interior. other than section 619, there are authorized child find, evaluation, diagnosis, remedi- ‘‘(F) PROHIBITIONS.—None of the funds allo- to be appropriated such sums as may be nec- ation or therapeutic measures, and (where cated under this paragraph may be used by essary. appropriate) equipment and medical or per- the Secretary of the Interior for administra- ‘‘SEC. 612. STATE ELIGIBILITY. sonal supplies as needed for a child to remain tive purposes, including child count and the ‘‘(a) IN GENERAL.—A State is eligible for in school or a program); and provision of technical assistance. assistance under this part for a fiscal year if ‘‘(F) includes an assurance that the De- ‘‘(4) PLAN FOR COORDINATION OF SERVICES.— the State demonstrates to the satisfaction of partment of the Interior will cooperate with The Secretary of the Interior shall develop the Secretary that the State has in effect the Department of Education in its exercise and implement a plan for the coordination of policies and procedures to ensure that it of monitoring and oversight of this applica- services for all Indian children with disabil- meets each of the following conditions: tion, and any agreements entered into be- ities residing on reservations covered under ‘‘(1) FREE APPROPRIATE PUBLIC tween the Secretary of the Interior and this Act. Such plan shall provide for the co- EDUCATION.— May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2505

‘‘(A) IN GENERAL.—A free appropriate pub- ‘‘(A) IN GENERAL.—Children with disabil- ‘‘(ii) STANDARDS.—In all cases described in lic education is available to all children with ities and their parents are afforded the pro- clause (i), the State educational agency shall disabilities residing in the State between the cedural safeguards required by section 615. determine whether such schools and facili- ages of 3 and 21, inclusive, including children ‘‘(B) ADDITIONAL PROCEDURAL SAFE- ties meet standards that apply to State and with disabilities who have been suspended or GUARDS.—Procedures to ensure that testing local educational agencies and that children expelled from school. and evaluation materials and procedures uti- so served have all the rights they would have ‘‘(B) LIMITATION.—The obligation to make lized for the purposes of evaluation and if served by such agencies. a free appropriate public education available placement of children with disabilities will ‘‘(C) PAYMENT FOR EDUCATION OF CHILDREN to all children with disabilities does not be selected and administered so as not to be ENROLLED IN PRIVATE SCHOOLS WITHOUT CON- apply with respect to children: racially or culturally discriminatory. Such SENT OF OR REFERRAL BY THE PUBLIC AGEN- ‘‘(i) aged 3 through 5 and 18 through 21 in materials or procedures shall be provided CY.— a State to the extent that its application to and administered in the child’s native lan- ‘‘(i) IN GENERAL.—Subject to subparagraph those children would be inconsistent with guage or mode of communication, unless it (A), this part does not require a local edu- State law or practice, or the order of any clearly is not feasible to do so, and no single cational agency to pay for the cost of edu- court, respecting the provision of public edu- procedure shall be the sole criterion for de- cation, including special education and re- cation to children in those age ranges; and termining an appropriate educational pro- lated services, of a child with a disability at ‘‘(ii) aged 18 through 21 to the extent that gram for a child. a private school or facility if that agency State law does not require that special edu- ‘‘(7) EVALUATION.—Children with disabil- made a free appropriate public education cation and related services under this part be ities are evaluated in accordance with sub- available to the child and the parents elected provided to children with disabilities who, in sections (a) through (c) of section 614. to place the child in such private school or the educational placement prior to their in- ‘‘(8) CONFIDENTIALITY.—Agencies in the facility. carceration in an adult correctional facility: State comply with section 617(c) (relating to ‘‘(ii) REIMBURSEMENT FOR PRIVATE SCHOOL ‘‘(I) were not actually identified as being a the confidentiality of records and informa- PLACEMENT.—If the parents of a child with a child with a disability under section 602(3) of tion). disability, who previously received special this Act; or ‘‘(9) TRANSITION FROM PART C TO PRESCHOOL education and related services under the au- ‘‘(II) did not have an Individualized Edu- cation Program under this part. PROGRAMS.—Children participating in early- thority of a public agency, enroll the child in intervention programs assisted under part C, a private elementary or secondary school ‘‘(2) FULL EDUCATIONAL OPPORTUNITY and who will participate in preschool pro- without the consent of or referral by the GOAL.—The State has established a goal of providing full educational opportunity to all grams assisted under this part, experience a public agency, a court or a hearing officer children with disabilities and a detailed smooth and effective transition to those pre- may require the agency to reimburse the timetable for accomplishing that goal. school programs in a manner consistent with parents for the cost of that enrollment if the ‘‘(3) CHILD FIND.— section 637(a)(8). By the third birthday of court or hearing officer finds that the agency ‘‘(A) IN GENERAL.—All children with dis- such a child, an individualized education had not made a free appropriate public edu- abilities residing in the State, including program or, if consistent with sections cation available to the child in a timely children with disabilities attending private 614(d)(2)(B) and 636(d), an individualized fam- manner prior to that enrollment. schools, regardless of the severity of their ily service plan, has been developed and is ‘‘(iii) LIMITATION ON REIMBURSEMENT.—The disabilities, and who are in need of special being implemented for the child. The local cost of reimbursement described in clause education and related services, are identi- educational agency will participate in tran- (ii) may be reduced or denied— fied, located, and evaluated and a practical sition planning conferences arranged by the ‘‘(I) if— method is developed and implemented to de- designated lead agency under section ‘‘(aa) at the most recent IEP meeting that termine which children with disabilities are 637(a)(8). the parents attended prior to removal of the currently receiving needed special education ‘‘(10) CHILDREN IN PRIVATE SCHOOLS.— child from the public school, the parents did and related services. ‘‘(A) CHILDREN ENROLLED IN PRIVATE not inform the IEP team that they were re- ‘‘(B) CONSTRUCTION.—Nothing in this Act SCHOOLS BY THEIR PARENTS.— jecting the placement proposed by the public requires that children be classified by their ‘‘(i) IN GENERAL.—To the extent consistent agency to provide a free appropriate public disability so long as each child who has a with the number and location of children education to their child, including stating disability listed in section 602 and who, by with disabilities in the State who are en- their concerns and their intent to enroll reason of that disability, needs special edu- rolled by their parents in private elementary their child in a private school at public ex- cation and related services is regarded as a and secondary schools, provision is made for pense; or child with a disability under this part. the participation of those children in the ‘‘(bb) 10 business days (including any holi- ‘‘(4) INDIVIDUALIZED EDUCATION PROGRAM.— program assisted or carried out under this days that occur on a business day) prior to An individualized education program, or an part by providing for such children special the removal of the child from the public individualized family service plan that meets education and related services in accordance school, the parents did not give written no- the requirements of section 636(d), is devel- with the following requirements, unless the tice to the public agency of the information oped, reviewed, and revised for each child Secretary has arranged for services to those described in division (aa); with a disability in accordance with section children under subsection (f): ‘‘(II) if, prior to the parents’ removal of the 614(d). ‘‘(I) Amounts expended for the provision of child from the public school, the public agen- ‘‘(5) LEAST RESTRICTIVE ENVIRONMENT.— those services by a local educational agency cy informed the parents, through the notice ‘‘(A) IN GENERAL.—To the maximum extent shall be equal to a proportionate amount of requirements described in section 615(b)(7), appropriate, children with disabilities, in- Federal funds made available under this of its intent to evaluate the child (including cluding children in public or private institu- part. a statement of the purpose of the evaluation tions or other care facilities, are educated ‘‘(II) Such services may be provided to that was appropriate and reasonable), but with children who are not disabled, and spe- children with disabilities on the premises of the parents did not make the child available cial classes, separate schooling, or other re- private, including parochial, schools, to the for such evaluation; or moval of children with disabilities from the extent consistent with law. ‘‘(III) upon a judicial finding of regular educational environment occurs only ‘‘(ii) CHILD-FIND REQUIREMENT.—The re- unreasonableness with respect to actions when the nature or severity of the disability quirements of paragraph (3) of this sub- taken by the parents. of a child is such that education in regular section (relating to child find) shall apply ‘‘(iv) EXCEPTION.—Notwithstanding the no- classes with the use of supplementary aids with respect to children with disabilities in tice requirement in clause (iii)(I), the cost of and services cannot be achieved satisfac- the State who are enrolled in private, includ- reimbursement may not be reduced or denied torily. ing parochial, elementary and secondary for failure to provide such notice if— ‘‘(B) ADDITIONAL REQUIREMENT.— schools. ‘‘(I) the parent is illiterate and cannot ‘‘(i) IN GENERAL.—If the State uses a fund- ‘‘(B) CHILDREN PLACED IN, OR REFERRED TO, write in English; ing mechanism by which the State distrib- PRIVATE SCHOOLS BY PUBLIC AGENCIES.— ‘‘(II) compliance with clause (iii)(I) would utes State funds on the basis of the type of ‘‘(i) IN GENERAL.—Children with disabilities likely result in physical or serious emotional setting in which a child is served, the fund- in private schools and facilities are provided harm to the child; ing mechanism does not result in placements special education and related services, in ac- ‘‘(III) the school prevented the parent from that violate the requirements of subpara- cordance with an individualized education providing such notice; or graph (A). program, at no cost to their parents, if such ‘‘(IV) the parents had not received notice, ‘‘(ii) ASSURANCE.—If the State does not children are placed in, or referred to, such pursuant to section 615, of the notice re- have policies and procedures to ensure com- schools or facilities by the State or appro- quirement in clause (iii)(I). pliance with clause (i), the State shall pro- priate local educational agency as the means ‘‘(11) STATE EDUCATIONAL AGENCY RESPON- vide the Secretary an assurance that it will of carrying out the requirements of this part SIBLE FOR GENERAL SUPERVISION.— revise the funding mechanism as soon as fea- or any other applicable law requiring the ‘‘(A) IN GENERAL.—The State educational sible to ensure that such mechanism does provision of special education and related agency is responsible for ensuring that— not result in such placements. services to all children with disabilities ‘‘(i) the requirements of this part are met; ‘‘(6) PROCEDURAL SAFEGUARDS.— within such State. and H2506 CONGRESSIONAL RECORD — HOUSE May 13, 1997 ‘‘(ii) all educational programs for children technology services, 602(22) relating to relat- cludes a requirement that local educational with disabilities in the State, including all ed services, 602(29) relating to supplementary agencies in the State make an ongoing good- such programs administered by any other aids and services, and 602(30) relating to faith effort to recruit and hire appropriately State or local agency— transition services) that are necessary for and adequately trained personnel to provide ‘‘(I) are under the general supervision of ensuring a free appropriate public education special education and related services to individuals in the State who are responsible to children with disabilities within the children with disabilities, including, in a ge- for educational programs for children with State, such public agency shall fulfill that ographic area of the State where there is a disabilities; and obligation or responsibility, either directly shortage of such personnel, the most quali- ‘‘(II) meet the educational standards of the or through contract or other arrangement. fied individuals available who are making State educational agency. ‘‘(ii) REIMBURSEMENT FOR SERVICES BY PUB- satisfactory progress toward completing ap- ‘‘(B) LIMITATION.—Subparagraph (A) shall LIC AGENCY.—If a public agency other than plicable course work necessary to meet the not limit the responsibility of agencies in an educational agency fails to provide or pay standards described in subparagraph (B)(i), the State other than the State educational for the special education and related services consistent with State law, and the steps de- agency to provide, or pay for some or all of described in clause (i), the local educational scribed in subparagraph (B)(ii) within three the costs of, a free appropriate public edu- agency (or State agency responsible for de- years. cation for any child with a disability in the veloping the child’s IEP) shall provide or pay State. for such services to the child. Such local edu- ‘‘(16) PERFORMANCE GOALS AND INDICA- TORS.—The State— ‘‘(C) EXCEPTION.—Notwithstanding sub- cational agency or State agency may then paragraphs (A) and (B), the Governor (or an- claim reimbursement for the services from ‘‘(A) has established goals for the perform- other individual pursuant to State law), con- the public agency that failed to provide or ance of children with disabilities in the sistent with State law, may assign to any pay for such services and such public agency State that— public agency in the State the responsibility shall reimburse the local educational agency ‘‘(i) will promote the purposes of this Act, of ensuring that the requirements of this or State agency pursuant to the terms of the as stated in section 601(d); and part are met with respect to children with interagency agreement or other mechanism ‘‘(ii) are consistent, to the maximum ex- disabilities who are convicted as adults described in subparagraph (A)(i) according to tent appropriate, with other goals and stand- under State law and incarcerated in adult the procedures established in such agree- ards for children established by the State; prisons. ment pursuant to subparagraph (A)(ii). ‘‘(B) has established performance indica- ‘‘(12) OBLIGATIONS RELATED TO AND METH- ‘‘(C) SPECIAL RULE.—The requirements of tors the State will use to assess progress to- ODS OF ENSURING SERVICES.— subparagraph (A) may be met through— ward achieving those goals that, at a mini- ‘‘(A) ESTABLISHING RESPONSIBILITY FOR ‘‘(i) State statute or regulation; mum, address the performance of children SERVICES.—The Chief Executive Officer or ‘‘(ii) signed agreements between respective with disabilities on assessments, drop-out designee of the officer shall ensure that an agency officials that clearly identify the re- rates, and graduation rates; interagency agreement or other mechanism sponsibilities of each agency relating to the ‘‘(C) will, every two years, report to the for interagency coordination is in effect be- provision of services; or Secretary and the public on the progress of tween each public agency described in sub- ‘‘(iii) other appropriate written methods as the State, and of children with disabilities in paragraph (B) and the State educational determined by the Chief Executive Officer of the State, toward meeting the goals estab- agency, in order to ensure that all services the State or designee of the officer. lished under subparagraph (A); and described in subparagraph (B)(i) that are ‘‘(13) PROCEDURAL REQUIREMENTS RELATING ‘‘(D) based on its assessment of that needed to ensure a free appropriate public TO LOCAL EDUCATIONAL AGENCY ELIGIBILITY.— progress, will revise its State improvement education are provided, including the provi- The State educational agency will not make plan under subpart 1 of part D as may be sion of such services during the pendency of a final determination that a local edu- needed to improve its performance, if the any dispute under clause (iii). Such agree- cational agency is not eligible for assistance State receives assistance under that subpart. ment or mechanism shall include the follow- under this part without first affording that ‘‘(17) PARTICIPATION IN ASSESSMENTS.— ing: agency reasonable notice and an opportunity ‘‘(A) IN GENERAL.—Children with disabil- ‘‘(i) AGENCY FINANCIAL RESPONSIBILITY.—An for a hearing. ities are included in general State and dis- identification of, or a method for defining, ‘‘(14) COMPREHENSIVE SYSTEM OF PERSONNEL trict-wide assessment programs, with appro- the financial responsibility of each agency DEVELOPMENT.—The State has in effect, con- priate accommodations, where necessary. As for providing services described in subpara- sistent with the purposes of this Act and appropriate, the State or local educational graph (B)(i) to ensure a free appropriate pub- with section 635(a)(8), a comprehensive sys- agency— lic education to children with disabilities, tem of personnel development that is de- ‘‘(i) develops guidelines for the participa- provided that the financial responsibility of signed to ensure an adequate supply of quali- tion of children with disabilities in alternate each public agency described in subpara- fied special education, regular education, assessments for those children who cannot graph (B), including the State Medicaid and related services personnel that meets participate in State and district-wide assess- agency and other public insurers of children the requirements for a State improvement ment programs; and with disabilities, shall precede the financial plan relating to personnel development in ‘‘(ii) develops and, beginning not later than responsibility of the local educational agen- subsections (b)(2)(B) and (c)(3)(D) of section July 1, 2000, conducts those alternate assess- cy (or the State agency responsible for devel- 653. ments. oping the child’s IEP). ‘‘(15) PERSONNEL STANDARDS.— ‘‘(B) REPORTS.—The State educational ‘‘(ii) CONDITIONS AND TERMS OF REIMBURSE- ‘‘(A) IN GENERAL.—The State educational MENT.—The conditions, terms, and proce- agency has established and maintains stand- agency makes available to the public, and dures under which a local educational agen- ards to ensure that personnel necessary to reports to the public with the same fre- cy shall be reimbursed by other agencies. carry out this part are appropriately and quency and in the same detail as it reports ‘‘(iii) INTERAGENCY DISPUTES.—Procedures adequately prepared and trained. on the assessment of nondisabled children, for resolving interagency disputes (including ‘‘(B) STANDARDS DESCRIBED.—Such stand- the following: procedures under which local educational ards shall— ‘‘(i) The number of children with disabil- agencies may initiate proceedings) under the ‘‘(i) be consistent with any State-approved ities participating in regular assessments. agreement or other mechanism to secure re- or State-recognized certification, licensing, ‘‘(ii) The number of those children partici- imbursement from other agencies or other- registration, or other comparable require- pating in alternate assessments. wise implement the provisions of the agree- ments that apply to the professional dis- ‘‘(iii)(I) The performance of those children ment or mechanism. cipline in which those personnel are provid- on regular assessments (beginning not later ‘‘(iv) COORDINATION OF SERVICES PROCE- ing special education or related services; than July 1, 1998) and on alternate assess- DURES.—Policies and procedures for agencies ‘‘(ii) to the extent the standards described ments (not later than July 1, 2000), if doing to determine and identify the interagency in subparagraph (A) are not based on the so would be statistically sound and would coordination responsibilities of each agency highest requirements in the State applicable not result in the disclosure of performance to promote the coordination and timely and to a specific profession or discipline, the results identifiable to individual children. appropriate delivery of services described in State is taking steps to require retraining or ‘‘(II) Data relating to the performance of subparagraph (B)(i). hiring of personnel that meet appropriate children described under subclause (I) shall ‘‘(B) OBLIGATION OF PUBLIC AGENCY.— professional requirements in the State; and be disaggregated— ‘‘(i) IN GENERAL.—If any public agency ‘‘(iii) allow paraprofessionals and assist- ‘‘(aa) for assessments conducted after July other than an educational agency is other- ants who are appropriately trained and su- 1, 1998; and wise obligated under Federal or State law, or pervised, in accordance with State law, regu- ‘‘(bb) for assessments conducted before assigned responsibility under State policy or lations, or written policy, in meeting the re- July 1, 1998, if the State is required to pursuant to subparagraph (A), to provide or quirements of this part to be used to assist disaggregate such data prior to July 1, 1998. pay for any services that are also considered in the provision of special education and re- ‘‘(18) SUPPLEMENTATION OF STATE, LOCAL, special education or related services (such lated services to children with disabilities AND OTHER FEDERAL FUNDS.— as, but not limited to, services described in under this part. ‘‘(A) EXPENDITURES.—Funds paid to a State sections 602(1) relating to assistive tech- ‘‘(C) POLICY.—In implementing this para- under this part will be expended in accord- nology devices, 602(2) relating to assistive graph, a State may adopt a policy that in- ance with all the provisions of this part. May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2507

‘‘(B) PROHIBITION AGAINST COMMINGLING.— ‘‘(A) IN GENERAL.—The State has estab- ‘‘(2) may use amounts that are otherwise Funds paid to a State under this part will lished and maintains an advisory panel for available to such agency under this part to not be commingled with State funds. the purpose of providing policy guidance serve those children without regard to sec- ‘‘(C) PROHIBITION AGAINST SUPPLANTATION with respect to special education and related tion 613(a)(2)(A)(i) (relating to excess costs). AND CONDITIONS FOR WAIVER BY SECRETARY.— services for children with disabilities in the ‘‘(c) EXCEPTION FOR PRIOR STATE PLANS.— Except as provided in section 613, funds paid State. ‘‘(1) IN GENERAL.—If a State has on file to a State under this part will be used to ‘‘(B) MEMBERSHIP.—Such advisory panel with the Secretary policies and procedures supplement the level of Federal, State, and shall consist of members appointed by the that demonstrate that such State meets any local funds (including funds that are not Governor, or any other official authorized requirement of subsection (a), including any under the direct control of State or local under State law to make such appointments, policies and procedures filed under this part educational agencies) expended for special that is representative of the State popu- as in effect before the effective date of the education and related services provided to lation and that is composed of individuals in- Individuals with Disabilities Education Act children with disabilities under this part and volved in, or concerned with, the education Amendments of 1997, the Secretary shall con- in no case to supplant such Federal, State, of children with disabilities, including— sider such State to have met such require- and local funds, except that, where the State ‘‘(i) parents of children with disabilities; ment for purposes of receiving a grant under provides clear and convincing evidence that ‘‘(ii) individuals with disabilities; this part. all children with disabilities have available ‘‘(iii) teachers; ‘‘(2) MODIFICATIONS MADE BY STATE.—Sub- to them a free appropriate public education, ‘‘(iv) representatives of institutions of ject to paragraph (3), an application submit- the Secretary may waive, in whole or in higher education that prepare special edu- ted by a State in accordance with this sec- part, the requirements of this subparagraph cation and related services personnel; tion shall remain in effect until the State if the Secretary concurs with the evidence ‘‘(v) State and local education officials; submits to the Secretary such modifications provided by the State. ‘‘(vi) administrators of programs for chil- as the State deems necessary. This section ‘‘(19) MAINTENANCE OF STATE FINANCIAL dren with disabilities; shall apply to a modification to an applica- SUPPORT.— ‘‘(vii) representatives of other State agen- tion to the same extent and in the same ‘‘(A) IN GENERAL.—The State does not re- cies involved in the financing or delivery of manner as this section applies to the origi- duce the amount of State financial support related services to children with disabilities; nal plan. for special education and related services for ‘‘(viii) representatives of private schools ‘‘(3) MODIFICATIONS REQUIRED BY THE SEC- children with disabilities, or otherwise made and public charter schools; RETARY.—If, after the effective date of the available because of the excess costs of edu- ‘‘(ix) at least one representative of a voca- Individuals with Disabilities Education Act cating those children, below the amount of tional, community, or business organization Amendments of 1997, the provisions of this that support for the preceding fiscal year. concerned with the provision of transition Act are amended (or the regulations devel- ‘‘(B) REDUCTION OF FUNDS FOR FAILURE TO services to children with disabilities; and oped to carry out this Act are amended), or MAINTAIN SUPPORT.—The Secretary shall re- ‘‘(x) representatives from the State juve- there is a new interpretation of this Act by duce the allocation of funds under section 611 nile and adult corrections agencies. a Federal court or a State’s highest court, or for any fiscal year following the fiscal year ‘‘(C) SPECIAL RULE.—A majority of the there is an official finding of noncompliance in which the State fails to comply with the members of the panel shall be individuals with Federal law or regulations, the Sec- requirement of subparagraph (A) by the same with disabilities or parents of children with retary may require a State to modify its ap- amount by which the State fails to meet the disabilities. plication only to the extent necessary to en- requirement. ‘‘(D) DUTIES.—The advisory panel shall— sure the State’s compliance with this part. ‘‘(C) WAIVERS FOR EXCEPTIONAL OR UNCON- ‘‘(i) advise the State educational agency of ‘‘(d) APPROVAL BY THE SECRETARY.— TROLLABLE CIRCUMSTANCES.—The Secretary unmet needs within the State in the edu- may waive the requirement of subparagraph ‘‘(1) IN GENERAL.—If the Secretary deter- cation of children with disabilities; (A) for a State, for one fiscal year at a time, mines that a State is eligible to receive a ‘‘(ii) comment publicly on any rules or reg- if the Secretary determines that— grant under this part, the Secretary shall ulations proposed by the State regarding the ‘‘(i) granting a waiver would be equitable notify the State of that determination. due to exceptional or uncontrollable cir- education of children with disabilities; ‘‘(2) NOTICE AND HEARING.—The Secretary cumstances such as a natural disaster or a ‘‘(iii) advise the State educational agency shall not make a final determination that a precipitous and unforeseen decline in the fi- in developing evaluations and reporting on State is not eligible to receive a grant under nancial resources of the State; or data to the Secretary under section 618; this part until after providing the State— ‘‘(ii) the State meets the standard in para- ‘‘(iv) advise the State educational agency ‘‘(A) with reasonable notice; and graph (18)(C) of this section for a waiver of in developing corrective action plans to ad- ‘‘(B) with an opportunity for a hearing. the requirement to supplement, and not to dress findings identified in Federal monitor- ‘‘(e) ASSISTANCE UNDER OTHER FEDERAL supplant, funds received under this part. ing reports under this part; and PROGRAMS.—Nothing in this title permits a ‘‘(D) SUBSEQUENT YEARS.—If, for any year, ‘‘(v) advise the State educational agency in State to reduce medical and other assistance a State fails to meet the requirement of sub- developing and implementing policies relat- available, or to alter eligibility, under titles paragraph (A), including any year for which ing to the coordination of services for chil- V and XIX of the Social Security Act with the State is granted a waiver under subpara- dren with disabilities. respect to the provision of a free appropriate graph (C), the financial support required of ‘‘(22) SUSPENSION AND EXPULSION RATES.— public education for children with disabil- the State in future years under subparagraph ‘‘(A) IN GENERAL.—The State educational ities in the State. (A) shall be the amount that would have agency examines data to determine if signifi- ‘‘(f) BY-PASS FOR CHILDREN IN PRIVATE been required in the absence of that failure cant discrepancies are occurring in the rate SCHOOLS.— and not the reduced level of the State’s sup- of long-term suspensions and expulsions of ‘‘(1) IN GENERAL.—If, on the date of enact- port. children with disabilities— ment of the Education of the Handicapped ‘‘(E) REGULATIONS.— ‘‘(i) among local educational agencies in Act Amendments of 1983, a State educational ‘‘(i) The Secretary shall, by regulation, es- the State; or agency is prohibited by law from providing tablish procedures (including objective cri- ‘‘(ii) compared to such rates for non- for the participation in special programs of teria and consideration of the results of com- disabled children within such agencies. children with disabilities enrolled in private pliance reviews of the State conducted by ‘‘(B) REVIEW AND REVISION OF POLICIES.—If elementary and secondary schools as re- the Secretary) for determining whether to such discrepancies are occurring, the State quired by subsection (a)(10)(A), the Secretary grant a waiver under subparagraph (C)(ii). educational agency reviews and, if appro- shall, notwithstanding such provision of law, ‘‘(ii) The Secretary shall publish proposed priate, revises (or requires the affected State arrange for the provision of services to such regulations under clause (i) not later than 6 or local educational agency to revise) its children through arrangements which shall months after the date of the enactment of policies, procedures, and practices relating be subject to the requirements of such sub- the Individuals with Disabilities Education to the development and implementation of section. Act Amendments of 1997, and shall issue IEPs, the use of behavioral interventions, ‘‘(2) PAYMENTS.— final regulations under clause (i) not later and procedural safeguards, to ensure that ‘‘(A) DETERMINATION OF AMOUNTS.—If the than 1 year after such date of enactment. such policies, procedures, and practices com- Secretary arranges for services pursuant to ‘‘(20) PUBLIC PARTICIPATION.—Prior to the ply with this Act. this subsection, the Secretary, after con- adoption of any policies and procedures ‘‘(b) STATE EDUCATIONAL AGENCY AS PRO- sultation with the appropriate public and needed to comply with this section (includ- VIDER OF FREE APPROPRIATE PUBLIC EDU- private school officials, shall pay to the pro- ing any amendments to such policies and CATION OR DIRECT SERVICES.—If the State vider of such services for a fiscal year an procedures), the State ensures that there are educational agency provides free appropriate amount per child that does not exceed the public hearings, adequate notice of the hear- public education to children with disabil- amount determined by dividing— ings, and an opportunity for comment avail- ities, or provides direct services to such chil- ‘‘(i) the total amount received by the State able to the general public, including individ- dren, such agency— under this part for such fiscal year; by uals with disabilities and parents of children ‘‘(1) shall comply with any additional re- ‘‘(ii) the number of children with disabil- with disabilities. quirements of section 613(a), as if such agen- ities served in the prior year, as reported to ‘‘(21) STATE ADVISORY PANEL.— cy were a local educational agency; and the Secretary by the State under section 618. H2508 CONGRESSIONAL RECORD — HOUSE May 13, 1997

‘‘(B) WITHHOLDING OF CERTAIN AMOUNTS.— ‘‘(ii) shall be used to supplement State, ment of the State established under section Pending final resolution of any investigation local, and other Federal funds and not to 612(a)(14). or complaint that could result in a deter- supplant such funds; and ‘‘(4) PERMISSIVE USE OF FUNDS.—Notwith- mination under this subsection, the Sec- ‘‘(iii) shall not be used, except as provided standing paragraph (2)(A) or section retary may withhold from the allocation of in subparagraphs (B) and (C), to reduce the 612(a)(18)(B) (relating to commingled funds), the affected State educational agency the level of expenditures for the education of funds provided to the local educational agen- amount the Secretary estimates would be children with disabilities made by the local cy under this part may be used for the fol- necessary to pay the cost of services de- educational agency from local funds below lowing activities: scribed in subparagraph (A). the level of those expenditures for the pre- ‘‘(A) SERVICES AND AIDS THAT ALSO BENEFIT ‘‘(C) PERIOD OF PAYMENTS.—The period ceding fiscal year. NONDISABLED CHILDREN.—For the costs of spe- under which payments are made under sub- ‘‘(B) EXCEPTION.—Notwithstanding the re- cial education and related services and sup- paragraph (A) shall continue until the Sec- striction in subparagraph (A)(iii), a local plementary aids and services provided in a retary determines that there will no longer educational agency may reduce the level of regular class or other education-related set- be any failure or inability on the part of the expenditures where such reduction is attrib- ting to a child with a disability in accord- State educational agency to meet the re- utable to— ance with the individualized education pro- quirements of subsection (a)(10)(A). ‘‘(i) the voluntary departure, by retirement gram of the child, even if one or more non- ‘‘(3) NOTICE AND HEARING.— or otherwise, or departure for just cause, of disabled children benefit from such services. ‘‘(A) IN GENERAL.—The Secretary shall not special education personnel; ‘‘(B) INTEGRATED AND COORDINATED SERV- take any final action under this subsection ‘‘(ii) a decrease in the enrollment of chil- ICES SYSTEM.—To develop and implement a until the State educational agency affected dren with disabilities; fully integrated and coordinated services by such action has had an opportunity, for at ‘‘(iii) the termination of the obligation of system in accordance with subsection (f). least 45 days after receiving written notice the agency, consistent with this part, to pro- ‘‘(5) TREATMENT OF CHARTER SCHOOLS AND thereof, to submit written objections and to vide a program of special education to a par- THEIR STUDENTS.—In carrying out this part appear before the Secretary or the Sec- ticular child with a disability that is an ex- with respect to charter schools that are pub- retary’s designee to show cause why such ac- ceptionally costly program, as determined lic schools of the local educational agency, tion should not be taken. by the State educational agency, because the the local educational agency— ‘‘(B) REVIEW OF ACTION.—If a State edu- ‘‘(A) serves children with disabilities at- cational agency is dissatisfied with the Sec- child— ‘‘(I) has left the jurisdiction of the agency; tending those schools in the same manner as retary’s final action after a proceeding under it serves children with disabilities in its subparagraph (A), such agency may, not ‘‘(II) has reached the age at which the obli- gation of the agency to provide a free appro- other schools; and later than 60 days after notice of such ac- ‘‘(B) provides funds under this part to tion, file with the United States court of ap- priate public education to the child has ter- minated; or those schools in the same manner as it pro- peals for the circuit in which such State is vides those funds to its other schools. located a petition for review of that action. ‘‘(III) no longer needs such program of spe- ‘‘(6) INFORMATION FOR STATE EDUCATIONAL A copy of the petition shall be forthwith cial education; or ‘‘(iv) the termination of costly expendi- AGENCY.—The local educational agency shall transmitted by the clerk of the court to the provide the State educational agency with Secretary. The Secretary thereupon shall tures for long-term purchases, such as the information necessary to enable the State file in the court the record of the proceed- acquisition of equipment or the construction educational agency to carry out its duties ings on which the Secretary based the Sec- of school facilities. under this part, including, with respect to retary’s action, as provided in section 2112 of ‘‘(C) TREATMENT OF FEDERAL FUNDS IN CER- paragraphs (16) and (17) of section 612(a), in- title 28, United States Code. TAIN FISCAL YEARS.— formation relating to the performance of ‘‘(C) REVIEW OF FINDINGS OF FACT.—The ‘‘(i) Notwithstanding clauses (ii) and (iii) children with disabilities participating in findings of fact by the Secretary, if sup- of subparagraph (A), for any fiscal year for programs carried out under this part. ported by substantial evidence, shall be con- which amounts appropriated to carry out ‘‘(7) PUBLIC INFORMATION.—The local edu- clusive, but the court, for good cause shown, section 611 exceeds $4,100,000,000, a local edu- cational agency shall make available to par- may remand the case to the Secretary to cational agency may treat as local funds, for ents of children with disabilities and to the take further evidence, and the Secretary the purpose of such clauses, up to 20 percent general public all documents relating to the may thereupon make new or modified find- of the amount of funds it receives under this eligibility of such agency under this part. ings of fact and may modify the Secretary’s part that exceeds the amount it received previous action, and shall file in the court under this part for the previous fiscal year. ‘‘(b) EXCEPTION FOR PRIOR LOCAL PLANS.— the record of the further proceedings. Such ‘‘(ii) Notwithstanding clause (i), if a State ‘‘(1) IN GENERAL.—If a local educational new or modified findings of fact shall like- educational agency determines that a local agency or State agency has on file with the wise be conclusive if supported by substan- educational agency is not meeting the re- State educational agency policies and proce- tial evidence. quirements of this part, the State edu- dures that demonstrate that such local edu- ‘‘(D) JURISDICTION OF COURT OF APPEALS; cational agency may prohibit the local edu- cational agency, or such State agency, as the REVIEW BY UNITED STATES SUPREME COURT.— cational agency from treating funds received case may be, meets any requirement of sub- Upon the filing of a petition under subpara- under this part as local funds under clause (i) section (a), including any policies and proce- graph (B), the United States court of appeals for any fiscal year, only if it is authorized to dures filed under this part as in effect before shall have jurisdiction to affirm the action do so by the State constitution or a State the effective date of the Individuals with of the Secretary or to set it aside, in whole statute. Disabilities Education Act Amendments of or in part. The judgment of the court shall ‘‘(D) SCHOOLWIDE PROGRAMS UNDER TITLE I 1997, the State educational agency shall con- be subject to review by the Supreme Court of OF THE ESEA.—Notwithstanding subpara- sider such local educational agency or State the United States upon certiorari or certifi- graph (A) or any other provision of this part, agency, as the case may be, to have met such cation as provided in section 1254 of title 28, a local educational agency may use funds re- requirement for purposes of receiving assist- United States Code. ceived under this part for any fiscal year to ance under this part. ‘‘SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGI- carry out a schoolwide program under sec- ‘‘(2) MODIFICATION MADE BY LOCAL EDU- BILITY. tion 1114 of the Elementary and Secondary CATIONAL AGENCY.—Subject to paragraph (3), ‘‘(a) IN GENERAL.—A local educational Education Act of 1965, except that the an application submitted by a local edu- agency is eligible for assistance under this amount so used in any such program shall cational agency in accordance with this sec- part for a fiscal year if such agency dem- not exceed— tion shall remain in effect until it submits to onstrates to the satisfaction of the State ‘‘(i) the number of children with disabil- the State educational agency such modifica- educational agency that it meets each of the ities participating in the schoolwide pro- tions as the local educational agency deems following conditions: gram; multiplied by necessary. ‘‘(1) CONSISTENCY WITH STATE POLICIES.— ‘‘(ii)(I) the amount received by the local ‘‘(3) MODIFICATIONS REQUIRED BY STATE The local educational agency, in providing educational agency under this part for that EDUCATIONAL AGENCY.—If, after the effective for the education of children with disabil- fiscal year; divided by date of the Individuals with Disabilities Edu- ities within its jurisdiction, has in effect ‘‘(II) the number of children with disabil- cation Act Amendments of 1997, the provi- policies, procedures, and programs that are ities in the jurisdiction of that agency. sions of this Act are amended (or the regula- consistent with the State policies and proce- ‘‘(3) PERSONNEL DEVELOPMENT.—The local tions developed to carry out this Act are dures established under section 612. educational agency— amended), or there is a new interpretation of ‘‘(2) USE OF AMOUNTS.— ‘‘(A) shall ensure that all personnel nec- this Act by Federal or State courts, or there ‘‘(A) IN GENERAL.—Amounts provided to essary to carry out this part are appro- is an official finding of noncompliance with the local educational agency under this part priately and adequately prepared, consistent Federal or State law or regulations, the shall be expended in accordance with the ap- with the requirements of section 653(c)(3)(D); State educational agency may require a plicable provisions of this part and— and local educational agency to modify its appli- ‘‘(i) shall be used only to pay the excess ‘‘(B) to the extent such agency determines cation only to the extent necessary to ensure costs of providing special education and re- appropriate, shall contribute to and use the the local educational agency’s compliance lated services to children with disabilities; comprehensive system of personnel develop- with this part or State law. May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2509

‘‘(c) NOTIFICATION OF LOCAL EDUCATIONAL ‘‘(i) not apply to the administration and responsibility of oversight of all activities AGENCY OR STATE AGENCY IN CASE OF INELI- disbursement of any payments received by relating to the design, implementation, and GIBILITY.—If the State educational agency that educational service agency; and evaluation of any school-based improvement determines that a local educational agency ‘‘(ii) be carried out only by that edu- plan that a public school is permitted to de- or State agency is not eligible under this cational service agency. sign under this subsection. section, the State educational agency shall ‘‘(B) ADDITIONAL REQUIREMENT.—Notwith- ‘‘(3) PLAN REQUIREMENTS.—A school-based notify the local educational agency or State standing any other provision of this sub- improvement plan described in paragraph (1) agency, as the case may be, of that deter- section, an educational service agency shall shall— mination and shall provide such local edu- provide for the education of children with ‘‘(A) be designed to be consistent with the cational agency or State agency with reason- disabilities in the least restrictive environ- purposes described in section 651(b) and to able notice and an opportunity for a hearing. ment, as required by section 612(a)(5). improve educational and transitional results ‘‘(d) LOCAL EDUCATIONAL AGENCY COMPLI- ‘‘(f) COORDINATED SERVICES SYSTEM.— for all children with disabilities and, as ap- ANCE.— ‘‘(1) IN GENERAL.—A local educational propriate, for other children consistent with ‘‘(1) IN GENERAL.—If the State educational agency may not use more than 5 percent of subparagraphs (A) and (B) of subsection agency, after reasonable notice and an op- the amount such agency receives under this (a)(4), who attend the school for which the portunity for a hearing, finds that a local part for any fiscal year, in combination with plan is designed and implemented; educational agency or State agency that has other amounts (which shall include amounts ‘‘(B) be designed, evaluated, and, as appro- been determined to be eligible under this other than education funds), to develop and priate, implemented by a school-based stand- section is failing to comply with any require- implement a coordinated services system de- ing panel established in accordance with ment described in subsection (a), the State signed to improve results for children and paragraph (4)(B); educational agency shall reduce or shall not families, including children with disabilities ‘‘(C) include goals and measurable indica- provide any further payments to the local and their families. tors to assess the progress of the public educational agency or State agency until the ‘‘(2) ACTIVITIES.—In implementing a co- school in meeting such goals; and State educational agency is satisfied that ordinated services system under this sub- ‘‘(D) ensure that all children with disabil- the local educational agency or State agen- section, a local educational agency may ities receive the services described in the in- cy, as the case may be, is complying with carry out activities that include— dividualized education programs of such that requirement. ‘‘(A) improving the effectiveness and effi- children. ‘‘(2) ADDITIONAL REQUIREMENT.—Any State ciency of service delivery, including develop- ‘‘(4) RESPONSIBILITIES OF THE LOCAL EDU- agency or local educational agency in re- ing strategies that promote accountability CATIONAL AGENCY.—A local educational agen- ceipt of a notice described in paragraph (1) for results; cy that is granted authority under paragraph shall, by means of public notice, take such ‘‘(B) service coordination and case manage- (2) to permit a public school to design, im- measures as may be necessary to bring the ment that facilitates the linkage of individ- plement, and evaluate a school-based im- pendency of an action pursuant to this sub- ualized education programs under this part provement plan shall— section to the attention of the public within and individualized family service plans under ‘‘(A) select each school under the jurisdic- the jurisdiction of such agency. part C with individualized service plans tion of such agency that is eligible to design, ‘‘(3) CONSIDERATION.—In carrying out its under multiple Federal and State programs, implement, and evaluate such a plan; responsibilities under paragraph (1), the such as title I of the Rehabilitation Act of ‘‘(B) require each school selected under State educational agency shall consider any 1973 (vocational rehabilitation), title XIX of subparagraph (A), in accordance with cri- decision made in a hearing held under sec- the Social Security Act (Medicaid), and title teria established by such local educational tion 615 that is adverse to the local edu- XVI of the Social Security Act (supple- agency under subparagraph (C), to establish cational agency or State agency involved in mental security income); a school-based standing panel to carry out that decision. ‘‘(C) developing and implementing inter- the duties described in paragraph (3)(B); ‘‘(e) JOINT ESTABLISHMENT OF ELIGI- agency financing strategies for the provision ‘‘(C) establish— BILITY.— of education, health, mental health, and so- ‘‘(i) criteria that shall be used by such ‘‘(1) JOINT ESTABLISHMENT.— cial services, including transition services local educational agency in the selection of ‘‘(A) IN GENERAL.—A State educational and related services under this Act; and an eligible school under subparagraph (A); agency may require a local educational ‘‘(D) interagency personnel development ‘‘(ii) criteria that shall be used by a public agency to establish its eligibility jointly for individuals working on coordinated serv- school selected under subparagraph (A) in with another local educational agency if the ices. the establishment of a school-based standing State educational agency determines that ‘‘(3) COORDINATION WITH CERTAIN PROJECTS panel to carry out the duties described in the local educational agency would be ineli- UNDER ELEMENTARY AND SECONDARY EDU- paragraph (3)(B) and that shall ensure that gible under this section because the local CATION ACT OF 1965.—If a local educational the membership of such panel reflects the di- educational agency would not be able to es- agency is carrying out a coordinated services versity of the community in which the pub- tablish and maintain programs of sufficient project under title XI of the Elementary and lic school is located and includes, at a mini- size and scope to effectively meet the needs Secondary Education Act of 1965 and a co- mum— of children with disabilities. ordinated services project under this part in ‘‘(I) parents of children with disabilities ‘‘(B) CHARTER SCHOOL EXCEPTION.—A State the same schools, such agency shall use who attend such public school, including par- educational agency may not require a char- amounts under this subsection in accordance ents of children with disabilities from ter school that is a local educational agency with the requirements of that title. unserved and underserved populations, as ap- to jointly establish its eligibility under sub- ‘‘(g) SCHOOL-BASED IMPROVEMENT PLAN.— propriate; paragraph (A) unless it is explicitly per- ‘‘(1) IN GENERAL.—Each local educational ‘‘(II) special education and general edu- mitted to do so under the State’s charter agency may, in accordance with paragraph cation teachers of such public school; school statute. (2), use funds made available under this part ‘‘(III) special education and general edu- ‘‘(2) AMOUNT OF PAYMENTS.—If a State edu- to permit a public school within the jurisdic- cation administrators, or the designee of cational agency requires the joint establish- tion of the local educational agency to de- such administrators, of such public school; ment of eligibility under paragraph (1), the sign, implement, and evaluate a school-based and total amount of funds made available to the improvement plan that is consistent with ‘‘(IV) related services providers who are re- affected local educational agencies shall be the purposes described in section 651(b) and sponsible for providing services to the chil- equal to the sum of the payments that each that is designed to improve educational and dren with disabilities who attend such public such local educational agency would have re- transitional results for all children with dis- school; and ceived under section 611(g) if such agencies abilities and, as appropriate, for other chil- ‘‘(iii) criteria that shall be used by such were eligible for such payments. dren consistent with subparagraphs (A) and local educational agency with respect to the ‘‘(3) REQUIREMENTS.—Local educational (B) of subsection (a)(4) in that public school. distribution of funds under this part to carry agencies that establish joint eligibility ‘‘(2) AUTHORITY.— out this subsection; under this subsection shall— ‘‘(A) IN GENERAL.—A State educational ‘‘(D) disseminate the criteria established ‘‘(A) adopt policies and procedures that are agency may grant authority to a local edu- under subparagraph (C) to local school dis- consistent with the State’s policies and pro- cational agency to permit a public school de- trict personnel and local parent organiza- cedures under section 612(a); and scribed in paragraph (1) (through a school- tions within the jurisdiction of such local ‘‘(B) be jointly responsible for implement- based standing panel established under para- educational agency; ing programs that receive assistance under graph (4)(B)) to design, implement, and ‘‘(E) require a public school that desires to this part. evaluate a school-based improvement plan design, implement, and evaluate a school- ‘‘(4) REQUIREMENTS FOR EDUCATIONAL SERV- described in paragraph (1) for a period not to based improvement plan to submit an appli- ICE AGENCIES.— exceed 3 years. cation at such time, in such manner, and ac- ‘‘(A) IN GENERAL.—If an educational service ‘‘(B) RESPONSIBILITY OF LOCAL EDUCATIONAL companied by such information as such local agency is required by State law to carry out AGENCY.—If a State educational agency educational agency shall reasonably require; programs under this part, the joint respon- grants the authority described in subpara- and sibilities given to local educational agencies graph (A), a local educational agency that is ‘‘(F) establish procedures for approval by under this subsection shall— granted such authority shall have the sole such local educational agency of a school- H2510 CONGRESSIONAL RECORD — HOUSE May 13, 1997 based improvement plan designed under this public education, and that those children ‘‘(A) use a variety of assessment tools and subsection. and their parents are provided all the rights strategies to gather relevant functional and ‘‘(5) LIMITATION.—A school-based improve- and procedural safeguards described in this developmental information, including infor- ment plan described in paragraph (1) may be part; and mation provided by the parent, that may as- submitted to a local educational agency for ‘‘(2) the agency meets such other condi- sist in determining whether the child is a approval only if a consensus with respect to tions of this section as the Secretary deter- child with a disability and the content of the any matter relating to the design, imple- mines to be appropriate. child’s individualized education program, in- mentation, or evaluation of the goals of such ‘‘(j) DISCIPLINARY INFORMATION.—The State cluding information related to enabling the plan is reached by the school-based standing may require that a local educational agency child to be involved in and progress in the panel that designed such plan. include in the records of a child with a dis- general curriculum or, for preschool chil- ‘‘(6) ADDITIONAL REQUIREMENTS.— ability a statement of any current or pre- dren, to participate in appropriate activities; ‘‘(A) PARENTAL INVOLVEMENT.—In carrying vious disciplinary action that has been taken ‘‘(B) not use any single procedure as the out the requirements of this subsection, a against the child and transmit such state- sole criterion for determining whether a local educational agency shall ensure that ment to the same extent that such discipli- child is a child with a disability or determin- the parents of children with disabilities are nary information is included in, and trans- ing an appropriate educational program for involved in the design, evaluation, and, mitted with, the student records of non- the child; and where appropriate, implementation of disabled children. The statement may in- ‘‘(C) use technically sound instruments school-based improvement plans in accord- clude a description of any behavior engaged that may assess the relative contribution of ance with this subsection. in by the child that required disciplinary ac- cognitive and behavioral factors, in addition ‘‘(B) PLAN APPROVAL.—A local educational tion, a description of the disciplinary action to physical or developmental factors. agency may approve a school-based improve- taken, and any other information that is rel- ‘‘(3) ADDITIONAL REQUIREMENTS.—Each ment plan of a public school within the juris- evant to the safety of the child and other in- local educational agency shall ensure that— diction of such agency for a period of 3 years, dividuals involved with the child. If the ‘‘(A) tests and other evaluation materials if— State adopts such a policy, and the child used to assess a child under this section— ‘‘(i) the approval is consistent with the transfers from one school to another, the ‘‘(i) are selected and administered so as not policies, procedures, and practices estab- transmission of any of the child’s records to be discriminatory on a racial or cultural lished by such local educational agency and must include both the child’s current indi- basis; and in accordance with this subsection; and vidualized education program and any such ‘‘(ii) are provided and administered in the ‘‘(ii) a majority of parents of children who statement of current or previous disciplinary child’s native language or other mode of are members of the school-based standing action that has been taken against the child. communication, unless it is clearly not fea- panel, and a majority of other members of ‘‘SEC. 614. EVALUATIONS, ELIGIBILITY DETER- sible to do so; and the school-based standing panel, that de- MINATIONS, INDIVIDUALIZED EDU- ‘‘(B) any standardized tests that are given signed such plan agree in writing to such CATION PROGRAMS, AND EDU- to the child— plan. CATIONAL PLACEMENTS. ‘‘(i) have been validated for the specific ‘‘(7) EXTENSION OF PLAN.—If a public school ‘‘(a) EVALUATIONS AND REEVALUATIONS.— purpose for which they are used; within the jurisdiction of a local educational ‘‘(1) INITIAL EVALUATIONS.— ‘‘(ii) are administered by trained and agency meets the applicable requirements ‘‘(A) IN GENERAL.—A State educational knowledgeable personnel; and and criteria described in paragraphs (3) and agency, other State agency, or local edu- ‘‘(iii) are administered in accordance with (4) at the expiration of the 3-year approval cational agency shall conduct a full and indi- any instructions provided by the producer of period described in paragraph (6)(B), such vidual initial evaluation, in accordance with such tests; agency may approve a school-based improve- this paragraph and subsection (b), before the ‘‘(C) the child is assessed in all areas of ment plan of such school for an additional 3- initial provision of special education and re- suspected disability; and year period. lated services to a child with a disability ‘‘(D) assessment tools and strategies that ‘‘(h) DIRECT SERVICES BY THE STATE EDU- under this part. provide relevant information that directly CATIONAL AGENCY.— ‘‘(B) PROCEDURES.—Such initial evaluation assists persons in determining the edu- ‘‘(1) IN GENERAL.—A State educational shall consist of procedures— cational needs of the child are provided. agency shall use the payments that would ‘‘(i) to determine whether a child is a child ‘‘(4) DETERMINATION OF ELIGIBILITY.—Upon otherwise have been available to a local edu- with a disability (as defined in section completion of administration of tests and cational agency or to a State agency to pro- 602(3)); and other evaluation materials— vide special education and related services ‘‘(ii) to determine the educational needs of ‘‘(A) the determination of whether the directly to children with disabilities residing such child. child is a child with a disability as defined in in the area served by that local agency, or ‘‘(C) PARENTAL CONSENT.— section 602(3) shall be made by a team of for whom that State agency is responsible, if ‘‘(i) IN GENERAL.—The agency proposing to qualified professionals and the parent of the the State educational agency determines conduct an initial evaluation to determine if child in accordance with paragraph (5); and that the local education agency or State the child qualifies as a child with a disability ‘‘(B) a copy of the evaluation report and agency, as the case may be— as defined in section 602(3)(A) or 602(3)(B) the documentation of determination of eligi- ‘‘(A) has not provided the information shall obtain an informed consent from the bility will be given to the parent. needed to establish the eligibility of such parent of such child before the evaluation is ‘‘(5) SPECIAL RULE FOR ELIGIBILITY DETER- agency under this section; conducted. Parental consent for evaluation MINATION.—In making a determination of eli- ‘‘(B) is unable to establish and maintain shall not be construed as consent for place- gibility under paragraph (4)(A), a child shall programs of free appropriate public edu- ment for receipt of special education and re- not be determined to be a child with a dis- cation that meet the requirements of sub- lated services. ability if the determinant factor for such de- section (a); ‘‘(ii) REFUSAL.—If the parents of such child termination is lack of instruction in reading ‘‘(C) is unable or unwilling to be consoli- refuse consent for the evaluation, the agency or math or limited English proficiency. dated with one or more local educational may continue to pursue an evaluation by ‘‘(c) ADDITIONAL REQUIREMENTS FOR EVAL- agencies in order to establish and maintain utilizing the mediation and due process pro- UATION AND REEVALUATIONS.— such programs; or cedures under section 615, except to the ex- ‘‘(1) REVIEW OF EXISTING EVALUATION ‘‘(D) has one or more children with disabil- tent inconsistent with State law relating to DATA.—As part of an initial evaluation (if ap- ities who can best be served by a regional or parental consent. propriate) and as part of any reevaluation State program or service-delivery system de- ‘‘(2) REEVALUATIONS.—A local educational under this section, the IEP Team described signed to meet the needs of such children. agency shall ensure that a reevaluation of in subsection (d)(1)(B) and other qualified ‘‘(2) MANNER AND LOCATION OF EDUCATION each child with a disability is conducted— professionals, as appropriate, shall— AND SERVICES.—The State educational agen- ‘‘(A) if conditions warrant a reevaluation ‘‘(A) review existing evaluation data on the cy may provide special education and related or if the child’s parent or teacher requests a child, including evaluations and information services under paragraph (1) in such manner reevaluation, but at least once every 3 years; provided by the parents of the child, current and at such locations (including regional or and classroom-based assessments and observa- State centers) as the State agency considers ‘‘(B) in accordance with subsections (b) and tions, and teacher and related services pro- appropriate. Such education and services (c). viders observation; and shall be provided in accordance with this ‘‘(b) EVALUATION PROCEDURES.— ‘‘(B) on the basis of that review, and input part. ‘‘(1) NOTICE.—The local educational agency from the child’s parents, identify what addi- ‘‘(i) STATE AGENCY ELIGIBILITY.—Any State shall provide notice to the parents of a child tional data, if any, are needed to determine— agency that desires to receive a subgrant for with a disability, in accordance with sub- ‘‘(i) whether the child has a particular cat- any fiscal year under section 611(g) shall sections (b)(3), (b)(4), and (c) of section 615, egory of disability, as described in section demonstrate to the satisfaction of the State that describes any evaluation procedures 602(3), or, in case of a reevaluation of a child, educational agency that— such agency proposes to conduct. whether the child continues to have such a ‘‘(1) all children with disabilities who are ‘‘(2) CONDUCT OF EVALUATION.—In conduct- disability; participating in programs and projects fund- ing the evaluation, the local educational ‘‘(ii) the present levels of performance and ed under this part receive a free appropriate agency shall— educational needs of the child; May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2511 ‘‘(iii) whether the child needs special edu- curricular and other nonacademic activities; sults, who may be a member of the team de- cation and related services, or in the case of and scribed in clauses (ii) through (vi); a reevaluation of a child, whether the child ‘‘(III) to be educated and participate with ‘‘(vi) at the discretion of the parent or the continues to need special education and re- other children with disabilities and non- agency, other individuals who have knowl- lated services; and disabled children in the activities described edge or special expertise regarding the child, ‘‘(iv) whether any additions or modifica- in this paragraph; including related services personnel as ap- tions to the special education and related ‘‘(iv) an explanation of the extent, if any, propriate; and services are needed to enable the child to to which the child will not participate with ‘‘(vii) whenever appropriate, the child with meet the measurable annual goals set out in nondisabled children in the regular class and a disability. the individualized education program of the in the activities described in clause (iii); ‘‘(2) REQUIREMENT THAT PROGRAM BE IN EF- child and to participate, as appropriate, in ‘‘(v)(I) a statement of any individual modi- FECT.— the general curriculum. fications in the administration of State or ‘‘(A) IN GENERAL.—At the beginning of each ‘‘(2) SOURCE OF DATA.—The local edu- districtwide assessments of student achieve- school year, each local educational agency, cational agency shall administer such tests ment that are needed in order for the child State educational agency, or other State and other evaluation materials as may be to participate in such assessment; and agency, as the case may be, shall have in ef- needed to produce the data identified by the ‘‘(II) if the IEP Team determines that the fect, for each child with a disability in its ju- IEP Team under paragraph (1)(B). child will not participate in a particular risdiction, an individualized education pro- ‘‘(3) PARENTAL CONSENT.—Each local edu- State or districtwide assessment of student gram, as defined in paragraph (1)(A). cational agency shall obtain informed paren- ‘‘(B) PROGRAM FOR CHILD AGED 3 THROUGH achievement (or part of such an assessment), tal consent, in accordance with subsection 5.—In the case of a child with a disability a statement of— (a)(1)(C), prior to conducting any reevalua- aged 3 through 5 (or, at the discretion of the ‘‘(aa) why that assessment is not appro- tion of a child with a disability, except that State educational agency, a 2 year-old child priate for the child; and such informed parent consent need not be ob- with a disability who will turn age 3 during ‘‘(bb) how the child will be assessed; tained if the local educational agency can the school year), an individualized family ‘‘(vi) the projected date for the beginning demonstrate that it had taken reasonable service plan that contains the material de- measures to obtain such consent and the of the services and modifications described scribed in section 636, and that is developed child’s parent has failed to respond. in clause (iii), and the anticipated frequency, in accordance with this section, may serve as location, and duration of those services and ‘‘(4) REQUIREMENTS IF ADDITIONAL DATA ARE the IEP of the child if using that plan as the modifications; NOT NEEDED.—If the IEP Team and other IEP is— qualified professionals, as appropriate, deter- ‘‘(vii)(I) beginning at age 14, and updated ‘‘(i) consistent with State policy; and mine that no additional data are needed to annually, a statement of the transition serv- ‘‘(ii) agreed to by the agency and the determine whether the child continues to be ice needs of the child under the applicable child’s parents. a child with a disability, the local edu- components of the child’s IEP that focuses ‘‘(3) DEVELOPMENT OF IEP.— cational agency— on the child’s courses of study (such as par- ‘‘(A) IN GENERAL.—In developing each ‘‘(A) shall notify the child’s parents of— ticipation in advanced-placement courses or child’s IEP, the IEP Team, subject to sub- ‘‘(i) that determination and the reasons for a vocational education program); paragraph (C), shall consider— it; and ‘‘(II) beginning at age 16 (or younger, if de- ‘‘(i) the strengths of the child and the con- ‘‘(ii) the right of such parents to request an termined appropriate by the IEP Team), a cerns of the parents for enhancing the edu- assessment to determine whether the child statement of needed transition services for cation of their child; and continues to be a child with a disability; and the child, including, when appropriate, a ‘‘(ii) the results of the initial evaluation or ‘‘(B) shall not be required to conduct such statement of the interagency responsibilities most recent evaluation of the child. an assessment unless requested to by the or any needed linkages; and ‘‘(B) CONSIDERATION OF SPECIAL FACTORS.— child’s parents. ‘‘(III) beginning at least one year before The IEP Team shall— ‘‘(5) EVALUATIONS BEFORE CHANGE IN ELIGI- the child reaches the age of majority under ‘‘(i) in the case of a child whose behavior BILITY.—A local educational agency shall State law, a statement that the child has impedes his or her learning or that of others, evaluate a child with a disability in accord- been informed of his or her rights under this consider, when appropriate, strategies, in- ance with this section before determining title, if any, that will transfer to the child cluding positive behavioral interventions, that the child is no longer a child with a dis- on reaching the age of majority under sec- strategies, and supports to address that be- ability. tion 615(m); and havior; ‘‘(d) INDIVIDUALIZED EDUCATION PRO- ‘‘(viii) a statement of— ‘‘(ii) in the case of a child with limited GRAMS.— ‘‘(I) how the child’s progress toward the English proficiency, consider the language ‘‘(1) DEFINITIONS.—As used in this title: annual goals described in clause (ii) will be needs of the child as such needs relate to the ‘‘(A) INDIVIDUALIZED EDUCATION PROGRAM.— measured; and child’s IEP; The term ‘individualized education program’ ‘‘(II) how the child’s parents will be regu- ‘‘(iii) in the case of a child who is blind or or ‘IEP’ means a written statement for each larly informed (by such means as periodic re- visually impaired, provide for instruction in child with a disability that is developed, re- port cards), at least as often as parents are Braille and the use of Braille unless the IEP viewed, and revised in accordance with this informed of their nondisabled children’s Team determines, after an evaluation of the section and that includes— progress, of— child’s reading and writing skills, needs, and ‘‘(i) a statement of the child’s present lev- ‘‘(aa) their child’s progress toward the an- appropriate reading and writing media (in- els of educational performance, including— nual goals described in clause (ii); and cluding an evaluation of the child’s future ‘‘(I) how the child’s disability affects the ‘‘(bb) the extent to which that progress is needs for instruction in Braille or the use of child’s involvement and progress in the gen- sufficient to enable the child to achieve the Braille), that instruction in Braille or the eral curriculum; or goals by the end of the year. use of Braille is not appropriate for the ‘‘(II) for preschool children, as appropriate, ‘‘(B) INDIVIDUALIZED EDUCATION PROGRAM child; how the disability affects the child’s partici- TEAM.—The term ‘individualized education ‘‘(iv) consider the communication needs of pation in appropriate activities; program team’ or ‘IEP Team’ means a group the child, and in the case of a child who is ‘‘(ii) a statement of measurable annual of individuals composed of— deaf or hard of hearing, consider the child’s goals, including benchmarks or short-term ‘‘(i) the parents of a child with a disability; language and communication needs, oppor- objectives, related to— ‘‘(ii) at least one regular education teacher tunities for direct communications with ‘‘(I) meeting the child’s needs that result of such child (if the child is, or may be, par- peers and professional personnel in the from the child’s disability to enable the ticipating in the regular education environ- child’s language and communication mode, child to be involved in and progress in the ment); academic level, and full range of needs, in- general curriculum; and ‘‘(iii) at least one special education teach- cluding opportunities for direct instruction ‘‘(II) meeting each of the child’s other edu- er, or where appropriate, at least one special in the child’s language and communication cational needs that result from the child’s education provider of such child; mode; and disability; ‘‘(iv) a representative of the local edu- ‘‘(v) consider whether the child requires ‘‘(iii) a statement of the special education cational agency who— assistive technology devices and services. and related services and supplementary aids ‘‘(I) is qualified to provide, or supervise the ‘‘(C) REQUIREMENT WITH RESPECT TO REGU- and services to be provided to the child, or provision of, specially designed instruction LAR EDUCATION TEACHER.—The regular edu- on behalf of the child, and a statement of the to meet the unique needs of children with cation teacher of the child, as a member of program modifications or supports for school disabilities; the IEP Team, shall, to the extent appro- personnel that will be provided for the ‘‘(II) is knowledgeable about the general priate, participate in the development of the child— curriculum; and IEP of the child, including the determination ‘‘(I) to advance appropriately toward at- ‘‘(III) is knowledgeable about the availabil- of appropriate positive behavioral interven- taining the annual goals; ity of resources of the local educational tions and strategies and the determination ‘‘(II) to be involved and progress in the agency; of supplementary aids and services, program general curriculum in accordance with ‘‘(v) an individual who can interpret the in- modifications, and support for school person- clause (i) and to participate in extra- structional implications of evaluation re- nel consistent with paragraph (1)(A)(iii). H2512 CONGRESSIONAL RECORD — HOUSE May 13, 1997

‘‘(4) REVIEW AND REVISION OF IEP.— ‘‘(1) an opportunity for the parents of a ‘‘(7) sources for parents to contact to ob- ‘‘(A) IN GENERAL.—The local educational child with a disability to examine all records tain assistance in understanding the provi- agency shall ensure that, subject to subpara- relating to such child and to participate in sions of this part. graph (B), the IEP Team— meetings with respect to the identification, ‘‘(d) PROCEDURAL SAFEGUARDS NOTICE.— ‘‘(i) reviews the child’s IEP periodically, evaluation, and educational placement of the ‘‘(1) IN GENERAL.—A copy of the procedural but not less than annually to determine child, and the provision of a free appropriate safeguards available to the parents of a child whether the annual goals for the child are public education to such child, and to obtain with a disability shall be given to the par- being achieved; and an independent educational evaluation of the ents, at a minimum— ‘‘(ii) revises the IEP as appropriate to ad- child; ‘‘(A) upon initial referral for evaluation; dress— ‘‘(2) procedures to protect the rights of the ‘‘(B) upon each notification of an individ- ‘‘(I) any lack of expected progress toward child whenever the parents of the child are ualized education program meeting and upon the annual goals and in the general curricu- not known, the agency cannot, after reason- reevaluation of the child; and lum, where appropriate; able efforts, locate the parents, or the child ‘‘(C) upon registration of a complaint ‘‘(II) the results of any reevaluation con- is a ward of the State, including the assign- under subsection (b)(6). ducted under this section; ment of an individual (who shall not be an ‘‘(2) CONTENTS.—The procedural safeguards notice shall include a full explanation of the ‘‘(III) information about the child provided employee of the State educational agency, procedural safeguards, written in the native to, or by, the parents, as described in sub- the local educational agency, or any other language of the parents, unless it clearly is section (c)(1)(B); agency that is involved in the education or not feasible to do so, and written in an easily ‘‘(IV) the child’s anticipated needs; or care of the child) to act as a surrogate for ‘‘(V) other matters. understandable manner, available under this the parents; section and under regulations promulgated ‘‘(B) REQUIREMENT WITH RESPECT TO REGU- ‘‘(3) written prior notice to the parents of LAR EDUCATION TEACHER.—The regular edu- by the Secretary relating to— the child whenever such agency— ‘‘(A) independent educational evaluation; cation teacher of the child, as a member of ‘‘(A) proposes to initiate or change; or the IEP Team, shall, to the extent appro- ‘‘(B) prior written notice; ‘‘(B) refuses to initiate or change; ‘‘(C) parental consent; priate, participate in the review and revision the identification, evaluation, or educational of the IEP of the child. ‘‘(D) access to educational records; placement of the child, in accordance with ‘‘(E) opportunity to present complaints; ‘‘(5) FAILURE TO MEET TRANSITION OBJEC- subsection (c), or the provision of a free ap- ‘‘(F) the child’s placement during pendency TIVES.—If a participating agency, other than propriate public education to the child; the local educational agency, fails to provide of due process proceedings; ‘‘(4) procedures designed to ensure that the ‘‘(G) procedures for students who are sub- the transition services described in the IEP notice required by paragraph (3) is in the na- ject to placement in an interim alternative in accordance with paragraph (1)(A)(vii), the tive language of the parents, unless it clear- educational setting; local educational agency shall reconvene the ly is not feasible to do so; ‘‘(H) requirements for unilateral placement IEP Team to identify alternative strategies ‘‘(5) an opportunity for mediation in ac- by parents of children in private schools at to meet the transition objectives for the cordance with subsection (e); public expense; child set out in that program. ‘‘(6) an opportunity to present complaints ‘‘(I) mediation; ‘‘(6) CHILDREN WITH DISABILITIES IN ADULT with respect to any matter relating to the ‘‘(J) due process hearings, including re- PRISONS.— identification, evaluation, or educational quirements for disclosure of evaluation re- ‘‘(A) IN GENERAL.—The following require- placement of the child, or the provision of a sults and recommendations; ments do not apply to children with disabil- free appropriate public education to such ‘‘(K) State-level appeals (if applicable in ities who are convicted as adults under State child; that State); law and incarcerated in adult prisons: ‘‘(7) procedures that require the parent of a ‘‘(L) civil actions; and ‘‘(i) The requirements contained in section child with a disability, or the attorney rep- ‘‘(M) attorneys’ fees. 612(a)(17) and paragraph (1)(A)(v) of this sub- resenting the child, to provide notice (which ‘‘(e) MEDIATION.— section (relating to participation of children shall remain confidential)— ‘‘(1) IN GENERAL.—Any State educational with disabilities in general assessments). ‘‘(A) to the State educational agency or agency or local educational agency that re- ‘‘(ii) The requirements of subclauses (I) and local educational agency, as the case may be, ceives assistance under this part shall ensure (II) of paragraph (1)(A)(vii) of this subsection in the complaint filed under paragraph (6); that procedures are established and imple- (relating to transition planning and transi- mented to allow parties to disputes involving tion services), do not apply with respect to and ‘‘(B) that shall include— any matter described in subsection (b)(6) to such children whose eligibility under this resolve such disputes through a mediation part will end, because of their age, before ‘‘(i) the name of the child, the address of the residence of the child, and the name of process which, at a minimum, shall be avail- they will be released from prison. able whenever a hearing is requested under the school the child is attending; ‘‘(B) ADDITIONAL REQUIREMENT.—If a child subsection (f) or (k). ‘‘(ii) a description of the nature of the with a disability is convicted as an adult ‘‘(2) REQUIREMENTS.—Such procedures shall problem of the child relating to such pro- under State law and incarcerated in an adult meet the following requirements: posed initiation or change, including facts prison, the child’s IEP Team may modify the ‘‘(A) The procedures shall ensure that the relating to such problem; and child’s IEP or placement notwithstanding mediation process— ‘‘(iii) a proposed resolution of the problem the requirements of sections 612(a)(5)(A) and ‘‘(i) is voluntary on the part of the parties; to the extent known and available to the 614(d)(1)(A) if the State has demonstrated a ‘‘(ii) is not used to deny or delay a parent’s bona fide security or compelling penological parents at the time; and right to a due process hearing under sub- interest that cannot otherwise be accommo- ‘‘(8) procedures that require the State edu- section (f), or to deny any other rights af- dated. cational agency to develop a model form to forded under this part; and assist parents in filing a complaint in ac- ‘‘(e) CONSTRUCTION.—Nothing in this sec- ‘‘(iii) is conducted by a qualified and im- tion shall be construed to require the IEP cordance with paragraph (7). partial mediator who is trained in effective Team to include information under one com- ‘‘(c) CONTENT OF PRIOR WRITTEN NOTICE.— mediation techniques. ponent of a child’s IEP that is already con- The notice required by subsection (b)(3) shall ‘‘(B) A local educational agency or a State tained under another component of such include— agency may establish procedures to require IEP. ‘‘(1) a description of the action proposed or parents who choose not to use the mediation ‘‘(f) EDUCATIONAL PLACEMENTS.—Each local refused by the agency; process to meet, at a time and location con- educational agency or State educational ‘‘(2) an explanation of why the agency pro- venient to the parents, with a disinterested agency shall ensure that the parents of each poses or refuses to take the action; party who is under contract with— child with a disability are members of any ‘‘(3) a description of any other options that ‘‘(i) a parent training and information cen- group that makes decisions on the edu- the agency considered and the reasons why ter or community parent resource center in cational placement of their child. those options were rejected; the State established under section 682 or ‘‘SEC. 615. PROCEDURAL SAFEGUARDS. ‘‘(4) a description of each evaluation proce- 683; or ‘‘(a) ESTABLISHMENT OF PROCEDURES.—Any dure, test, record, or report the agency used ‘‘(ii) an appropriate alternative dispute State educational agency, State agency, or as a basis for the proposed or refused action; resolution entity; local educational agency that receives as- ‘‘(5) a description of any other factors that to encourage the use, and explain the bene- sistance under this part shall establish and are relevant to the agency’s proposal or re- fits, of the mediation process to the parents. maintain procedures in accordance with this fusal; ‘‘(C) The State shall maintain a list of in- section to ensure that children with disabil- ‘‘(6) a statement that the parents of a child dividuals who are qualified mediators and ities and their parents are guaranteed proce- with a disability have protection under the knowledgeable in laws and regulations relat- dural safeguards with respect to the provi- procedural safeguards of this part and, if this ing to the provision of special education and sion of free appropriate public education by notice is not an initial referral for evalua- related services. such agencies. tion, the means by which a copy of a descrip- ‘‘(D) The State shall bear the cost of the ‘‘(b) TYPES OF PROCEDURES.—The proce- tion of the procedural safeguards can be ob- mediation process, including the costs of dures required by this section shall include— tained; and meetings described in subparagraph (B). May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2513

‘‘(E) Each session in the mediation process ‘‘(B) DECISION MADE AT APPEAL.—A decision ‘‘(ii) the amount of the attorneys’ fees oth- shall be scheduled in a timely manner and made under subsection (g) shall be final, ex- erwise authorized to be awarded unreason- shall be held in a location that is convenient cept that any party may bring an action ably exceeds the hourly rate prevailing in to the parties to the dispute. under paragraph (2) of this subsection. the community for similar services by attor- ‘‘(F) An agreement reached by the parties ‘‘(2) RIGHT TO BRING CIVIL ACTION.— neys of reasonably comparable skill, reputa- to the dispute in the mediation process shall ‘‘(A) IN GENERAL.—Any party aggrieved by tion, and experience; be set forth in a written mediation agree- the findings and decision made under sub- ‘‘(iii) the time spent and legal services fur- ment. section (f) or (k) who does not have the right nished were excessive considering the nature ‘‘(G) Discussions that occur during the me- to an appeal under subsection (g), and any of the action or proceeding; or diation process shall be confidential and may party aggrieved by the findings and decision ‘‘(iv) the attorney representing the parent not be used as evidence in any subsequent under this subsection, shall have the right to did not provide to the school district the ap- due process hearings or civil proceedings and bring a civil action with respect to the com- propriate information in the due process the parties to the mediation process may be plaint presented pursuant to this section, complaint in accordance with subsection required to sign a confidentiality pledge which action may be brought in any State (b)(7); prior to the commencement of such process. court of competent jurisdiction or in a dis- the court shall reduce, accordingly, the ‘‘(f) IMPARTIAL DUE PROCESS HEARING.— trict court of the United States without re- amount of the attorneys’ fees awarded under ‘‘(1) IN GENERAL.—Whenever a complaint gard to the amount in controversy. this section. has been received under subsection (b)(6) or ‘‘(B) ADDITIONAL REQUIREMENTS.—In any ‘‘(G) EXCEPTION TO REDUCTION IN AMOUNT OF (k) of this section, the parents involved in action brought under this paragraph, the ATTORNEYS’ FEES.—The provisions of sub- such complaint shall have an opportunity for court— paragraph (F) shall not apply in any action an impartial due process hearing, which ‘‘(i) shall receive the records of the admin- or proceeding if the court finds that the shall be conducted by the State educational istrative proceedings; State or local educational agency unreason- agency or by the local educational agency, ‘‘(ii) shall hear additional evidence at the ably protracted the final resolution of the as determined by State law or by the State request of a party; and action or proceeding or there was a violation educational agency. ‘‘(iii) basing its decision on the preponder- of this section. ‘‘(2) DISCLOSURE OF EVALUATIONS AND REC- ance of the evidence, shall grant such relief ‘‘(j) MAINTENANCE OF CURRENT EDU- OMMENDATIONS.— as the court determines is appropriate. CATIONAL PLACEMENT.—Except as provided in ‘‘(A) IN GENERAL.—At least 5 business days subsection (k)(7), during the pendency of any ‘‘(3) JURISDICTION OF DISTRICT COURTS; AT- prior to a hearing conducted pursuant to proceedings conducted pursuant to this sec- TORNEYS’ FEES.— paragraph (1), each party shall disclose to all tion, unless the State or local educational ‘‘(A) IN GENERAL.—The district courts of agency and the parents otherwise agree, the other parties all evaluations completed by the United States shall have jurisdiction of that date and recommendations based on the child shall remain in the then-current edu- actions brought under this section without cational placement of such child, or, if ap- offering party’s evaluations that the party regard to the amount in controversy. intends to use at the hearing. plying for initial admission to a public ‘‘(B) AWARD OF ATTORNEYS’ FEES.—In any school, shall, with the consent of the par- ‘‘(B) FAILURE TO DISCLOSE.—A hearing offi- action or proceeding brought under this sec- cer may bar any party that fails to comply ents, be placed in the public school program tion, the court, in its discretion, may award until all such proceedings have been com- with subparagraph (A) from introducing the reasonable attorneys’ fees as part of the relevant evaluation or recommendation at pleted. costs to the parents of a child with a disabil- ‘‘(k) PLACEMENT IN ALTERNATIVE EDU- the hearing without the consent of the other ity who is the prevailing party. party. CATIONAL SETTING.— ‘‘(C) DETERMINATION OF AMOUNT OF ATTOR- ‘‘(1) AUTHORITY OF SCHOOL PERSONNEL.— ‘‘(3) LIMITATION ON CONDUCT OF HEARING.—A NEYS’ FEES.—Fees awarded under this para- ‘‘(A) School personnel under this section hearing conducted pursuant to paragraph (1) graph shall be based on rates prevailing in may order a change in the placement of a may not be conducted by an employee of the the community in which the action or pro- child with a disability— State educational agency or the local edu- ceeding arose for the kind and quality of ‘‘(i) to an appropriate interim alternative cational agency involved in the education or services furnished. No bonus or multiplier educational setting, another setting, or sus- care of the child. may be used in calculating the fees awarded pension, for not more than 10 school days (to ‘‘(g) APPEAL.—If the hearing required by under this subsection. subsection (f) is conducted by a local edu- the extent such alternatives would be ap- ‘‘(D) PROHIBITION OF ATTORNEYS’ FEES AND cational agency, any party aggrieved by the plied to children without disabilities); and findings and decision rendered in such a RELATED COSTS FOR CERTAIN SERVICES.— ‘‘(ii) to an appropriate interim alternative hearing may appeal such findings and deci- ‘‘(i) Attorneys’ fees may not be awarded educational setting for the same amount of sion to the State educational agency. Such and related costs may not be reimbursed in time that a child without a disability would agency shall conduct an impartial review of any action or proceeding under this section be subject to discipline, but for not more such decision. The officer conducting such for services performed subsequent to the than 45 days if— review shall make an independent decision time of a written offer of settlement to a ‘‘(I) the child carries a weapon to school or upon completion of such review. parent if— to a school function under the jurisdiction of ‘‘(h) SAFEGUARDS.—Any party to a hearing ‘‘(I) the offer is made within the time pre- a State or a local educational agency; or conducted pursuant to subsection (f) or (k), scribed by Rule 68 of the Federal Rules of ‘‘(II) the child knowingly possesses or uses or an appeal conducted pursuant to sub- Civil Procedure or, in the case of an adminis- illegal drugs or sells or solicits the sale of a section (g), shall be accorded— trative proceeding, at any time more than controlled substance while at school or a ‘‘(1) the right to be accompanied and ad- ten days before the proceeding begins; school function under the jurisdiction of a vised by counsel and by individuals with spe- ‘‘(II) the offer is not accepted within 10 State or local educational agency. cial knowledge or training with respect to days; and ‘‘(B) Either before or not later than 10 days the problems of children with disabilities; ‘‘(III) the court or administrative hearing after taking a disciplinary action described ‘‘(2) the right to present evidence and officer finds that the relief finally obtained in subparagraph (A)— confront, cross-examine, and compel the at- by the parents is not more favorable to the ‘‘(i) if the local educational agency did not tendance of witnesses; parents than the offer of settlement. conduct a functional behavioral assessment ‘‘(3) the right to a written, or, at the op- ‘‘(ii) Attorneys’ fees may not be awarded and implement a behavioral intervention tion of the parents, electronic verbatim relating to any meeting of the IEP Team un- plan for such child before the behavior that record of such hearing; and less such meeting is convened as a result of resulted in the suspension described in sub- ‘‘(4) the right to written, or, at the option an administrative proceeding or judicial ac- paragraph (A), the agency shall convene an of the parents, electronic findings of fact and tion, or, at the discretion of the State, for a IEP meeting to develop an assessment plan decisions (which findings and decisions shall mediation described in subsection (e) that is to address that behavior; or be made available to the public consistent conducted prior to the filing of a complaint ‘‘(ii) if the child already has a behavioral with the requirements of section 617(c) (re- under subsection (b)(6) or (k) of this section. intervention plan, the IEP Team shall review lating to the confidentiality of data, infor- ‘‘(E) EXCEPTION TO PROHIBITION ON ATTOR- the plan and modify it, as necessary, to ad- mation, and records) and shall also be trans- NEYS’ FEES AND RELATED COSTS.—Notwith- dress the behavior. mitted to the advisory panel established pur- standing subparagraph (D), an award of at- ‘‘(2) AUTHORITY OF HEARING OFFICER.—A suant to section 612(a)(21)). torneys’ fees and related costs may be made hearing officer under this section may order ‘‘(i) ADMINISTRATIVE PROCEDURES.— to a parent who is the prevailing party and a change in the placement of a child with a ‘‘(1) IN GENERAL.— who was substantially justified in rejecting disability to an appropriate interim alter- ‘‘(A) DECISION MADE IN HEARING.—A deci- the settlement offer. native educational setting for not more than sion made in a hearing conducted pursuant ‘‘(F) REDUCTION IN AMOUNT OF ATTORNEYS’ 45 days if the hearing officer— to subsection (f) or (k) shall be final, except FEES.—Except as provided in subparagraph ‘‘(A) determines that the public agency has that any party involved in such hearing may (G), whenever the court finds that— demonstrated by substantial evidence that appeal such decision under the provisions of ‘‘(i) the parent, during the course of the ac- maintaining the current placement of such subsection (g) and paragraph (2) of this sub- tion or proceeding, unreasonably protracted child is substantially likely to result in in- section. the final resolution of the controversy; jury to the child or to others; H2514 CONGRESSIONAL RECORD — HOUSE May 13, 1997

‘‘(B) considers the appropriateness of the ‘‘(5) DETERMINATION THAT BEHAVIOR WAS ‘‘(A) IN GENERAL.—A child who has not child’s current placement; NOT MANIFESTATION OF DISABILITY.— been determined to be eligible for special ‘‘(C) considers whether the public agency ‘‘(A) IN GENERAL.—If the result of the re- education and related services under this has made reasonable efforts to minimize the view described in paragraph (4) is a deter- part and who has engaged in behavior that risk of harm in the child’s current place- mination, consistent with paragraph (4)(C), violated any rule or code of conduct of the ment, including the use of supplementary that the behavior of the child with a disabil- local educational agency, including any be- aids and services; and ity was not a manifestation of the child’s havior described in paragraph (1), may assert ‘‘(D) determines that the interim alter- disability, the relevant disciplinary proce- any of the protections provided for in this native educational setting meets the re- dures applicable to children without disabil- part if the local educational agency had quirements of paragraph (3)(B). ities may be applied to the child in the same knowledge (as determined in accordance ‘‘(3) DETERMINATION OF SETTING.— manner in which they would be applied to with this paragraph) that the child was a ‘‘(A) IN GENERAL.—The alternative edu- children without disabilities, except as pro- child with a disability before the behavior cational setting described in paragraph vided in section 612(a)(1). that precipitated the disciplinary action oc- (1)(A)(ii) shall be determined by the IEP ‘‘(B) ADDITIONAL REQUIREMENT.—If the pub- curred. Team. lic agency initiates disciplinary procedures ‘‘(B) BASIS OF KNOWLEDGE.—A local edu- ‘‘(B) ADDITIONAL REQUIREMENTS.—Any in- applicable to all children, the agency shall cational agency shall be deemed to have terim alternative educational setting in ensure that the special education and dis- knowledge that a child is a child with a dis- which a child is placed under paragraph (1) ciplinary records of the child with a disabil- ability if— or (2) shall— ity are transmitted for consideration by the ‘‘(i) the parent of the child has expressed ‘‘(i) be selected so as to enable the child to person or persons making the final deter- concern in writing (unless the parent is illit- continue to participate in the general cur- mination regarding the disciplinary action. erate or has a disability that prevents com- riculum, although in another setting, and to ‘‘(6) PARENT APPEAL.— pliance with the requirements contained in continue to receive those services and modi- ‘‘(A) IN GENERAL.— this clause) to personnel of the appropriate fications, including those described in the ‘‘(i) If the child’s parent disagrees with a educational agency that the child is in need child’s current IEP, that will enable the determination that the child’s behavior was of special education and related services; child to meet the goals set out in that IEP; not a manifestation of the child’s disability and or with any decision regarding placement, ‘‘(ii) the behavior or performance of the ‘‘(ii) include services and modifications de- the parent may request a hearing. child demonstrates the need for such serv- signed to address the behavior described in ‘‘(ii) The State or local educational agency ices; paragraph (1) or paragraph (2) so that it does shall arrange for an expedited hearing in any ‘‘(iii) the parent of the child has requested not recur. case described in this subsection when re- an evaluation of the child pursuant to sec- ‘‘(4) MANIFESTATION DETERMINATION RE- quested by a parent. tion 614; or VIEW.— ‘‘(B) REVIEW OF DECISION.— ‘‘(iv) the teacher of the child, or other per- ‘‘(A) IN GENERAL.—If a disciplinary action ‘‘(i) In reviewing a decision with respect to sonnel of the local educational agency, has is contemplated as described in paragraph (1) the manifestation determination, the hear- expressed concern about the behavior or per- or paragraph (2) for a behavior of a child ing officer shall determine whether the pub- formance of the child to the director of spe- with a disability described in either of those lic agency has demonstrated that the child’s cial education of such agency or to other paragraphs, or if a disciplinary action in- behavior was not a manifestation of such personnel of the agency. volving a change of placement for more than child’s disability consistent with the require- ‘‘(C) CONDITIONS THAT APPLY IF NO BASIS OF 10 days is contemplated for a child with a ments of paragraph (4)(C). KNOWLEDGE.— disability who has engaged in other behavior ‘‘(ii) In reviewing a decision under para- ‘‘(i) IN GENERAL.—If a local educational that violated any rule or code of conduct of graph (1)(A)(ii) to place the child in an in- agency does not have knowledge that a child the local educational agency that applies to terim alternative educational setting, the is a child with a disability (in accordance all children— hearing officer shall apply the standards set with subparagraph (B)) prior to taking dis- ‘‘(i) not later than the date on which the out in paragraph (2). ciplinary measures against the child, the decision to take that action is made, the par- ‘‘(7) PLACEMENT DURING APPEALS.— child may be subjected to the same discipli- ents shall be notified of that decision and of ‘‘(A) IN GENERAL.—When a parent requests nary measures as measures applied to chil- all procedural safeguards accorded under a hearing regarding a disciplinary action de- dren without disabilities who engaged in this section; and scribed in paragraph (1)(A)(ii) or paragraph comparable behaviors consistent with clause ‘‘(ii) immediately, if possible, but in no (2) to challenge the interim alternative edu- (ii). case later than 10 school days after the date cational setting or the manifestation deter- ‘‘(ii) LIMITATIONS.—If a request is made for on which the decision to take that action is mination, the child shall remain in the in- an evaluation of a child during the time pe- made, a review shall be conducted of the re- terim alternative educational setting pend- riod in which the child is subjected to dis- lationship between the child’s disability and ing the decision of the hearing officer or ciplinary measures under paragraph (1) or the behavior subject to the disciplinary ac- until the expiration of the time period pro- (2), the evaluation shall be conducted in an tion. vided for in paragraph (1)(A)(ii) or paragraph expedited manner. If the child is determined ‘‘(B) INDIVIDUALS TO CARRY OUT REVIEW.—A (2), whichever occurs first, unless the parent to be a child with a disability, taking into review described in subparagraph (A) shall be and the State or local educational agency consideration information from the evalua- conducted by the IEP Team and other quali- agree otherwise. tion conducted by the agency and informa- fied personnel. ‘‘(B) CURRENT PLACEMENT.—If a child is tion provided by the parents, the agency ‘‘(C) CONDUCT OF REVIEW.—In carrying out placed in an interim alternative educational shall provide special education and related a review described in subparagraph (A), the setting pursuant to paragraph (1)(A)(ii) or services in accordance with the provisions of IEP Team may determine that the behavior paragraph (2) and school personnel propose this part, except that, pending the results of of the child was not a manifestation of such to change the child’s placement after expira- the evaluation, the child shall remain in the child’s disability only if the IEP Team— tion of the interim alternative placement, educational placement determined by school ‘‘(i) first considers, in terms of the behav- during the pendency of any proceeding to authorities. ior subject to disciplinary action, all rel- challenge the proposed change in placement, ‘‘(9) REFERRAL TO AND ACTION BY LAW EN- evant information, including— the child shall remain in the current place- FORCEMENT AND JUDICIAL AUTHORITIES.— ‘‘(I) evaluation and diagnostic results, in- ment (the child’s placement prior to the in- ‘‘(A) Nothing in this part shall be con- cluding such results or other relevant infor- terim alternative educational setting), ex- strued to prohibit an agency from reporting mation supplied by the parents of the child; cept as provided in subparagraph (C). a crime committed by a child with a disabil- ‘‘(II) observations of the child; and ‘‘(C) EXPEDITED HEARING.— ity to appropriate authorities or to prevent ‘‘(III) the child’s IEP and placement; and ‘‘(i) If school personnel maintain that it is State law enforcement and judicial authori- ‘‘(ii) then determines that— dangerous for the child to be in the current ties from exercising their responsibilities ‘‘(I) in relationship to the behavior subject placement (placement prior to removal to with regard to the application of Federal and to disciplinary action, the child’s IEP and the interim alternative education setting) State law to crimes committed by a child placement were appropriate and the special during the pendency of the due process pro- with a disability. education services, supplementary aids and ceedings, the local educational agency may ‘‘(B) An agency reporting a crime commit- services, and behavior intervention strate- request an expedited hearing. ted by a child with a disability shall ensure gies were provided consistent with the ‘‘(ii) In determining whether the child may that copies of the special education and dis- child’s IEP and placement; be placed in the alternative educational set- ciplinary records of the child are transmit- ‘‘(II) the child’s disability did not impair ting or in another appropriate placement or- ted for consideration by the appropriate au- the ability of the child to understand the im- dered by the hearing officer, the hearing offi- thorities to whom it reports the crime. pact and consequences of the behavior sub- cer shall apply the standards set out in para- ‘‘(10) DEFINITIONS.—For purposes of this ject to disciplinary action; and graph (2). subsection, the following definitions apply: ‘‘(III) the child’s disability did not impair ‘‘(8) PROTECTIONS FOR CHILDREN NOT YET EL- ‘‘(A) CONTROLLED SUBSTANCE.—The term the ability of the child to control the behav- IGIBLE FOR SPECIAL EDUCATION AND RELATED ‘controlled substance’ means a drug or other ior subject to disciplinary action. SERVICES.— substance identified under schedules I, II, III, May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2515

IV, or V in section 202(c) of the Controlled ‘‘(2) NATURE OF WITHHOLDING.—If the Sec- pervision of the State educational agency; Substances Act (21 U.S.C. 812(c)). retary withholds further payments under and ‘‘(B) ILLEGAL DRUG.—The term ‘illegal paragraph (1), the Secretary may determine ‘‘(2) any withholding of funds under para- drug’— that such withholding will be limited to pro- graph (1) shall be limited to the specific ‘‘(i) means a controlled substance; but grams or projects, or portions thereof, af- agency responsible for the failure to comply ‘‘(ii) does not include such a substance that fected by the failure, or that the State edu- with this part. is legally possessed or used under the super- cational agency shall not make further pay- ‘‘SEC. 617. ADMINISTRATION. vision of a licensed health-care professional ments under this part to specified local edu- ‘‘(a) RESPONSIBILITIES OF SECRETARY.—In or that is legally possessed or used under any cational agencies or State agencies affected carrying out this part, the Secretary shall— other authority under that Act or under any by the failure. Until the Secretary is satis- ‘‘(1) cooperate with, and (directly or by other provision of Federal law. fied that there is no longer any failure to grant or contract) furnish technical assist- ‘‘(C) SUBSTANTIAL EVIDENCE.—The term comply with the provisions of this part, as ance necessary to, the State in matters re- ‘substantial evidence’ means beyond a pre- specified in subparagraph (A) or (B) of para- lating to— ponderance of the evidence. graph (1), payments to the State under this ‘‘(A) the education of children with disabil- ‘‘(D) WEAPON.—The term ‘weapon’ has the part shall be withheld in whole or in part, or ities; and meaning given the term ‘dangerous weapon’ payments by the State educational agency ‘‘(B) carrying out this part; and under paragraph (2) of the first subsection (g) under this part shall be limited to local edu- ‘‘(2) provide short-term training programs of section 930 of title 18, United States Code. cational agencies and State agencies whose and institutes. ‘‘(l) RULE OF CONSTRUCTION.—Nothing in actions did not cause or were not involved in ‘‘(b) RULES AND REGULATIONS.—In carrying this part shall be construed to restrict or the failure, as the case may be. Any State out the provisions of this part, the Secretary limit the rights, procedures, and remedies educational agency, State agency, or local shall issue regulations under this Act only to available under the Constitution, the Ameri- educational agency that has received notice the extent that such regulations are nec- cans with Disabilities Act of 1990, title V of under paragraph (1) shall, by means of a pub- essary to ensure that there is compliance the Rehabilitation Act of 1973, or other Fed- lic notice, take such measures as may be with the specific requirements of this Act. eral laws protecting the rights of children necessary to bring the pendency of an action ‘‘(c) CONFIDENTIALITY.—The Secretary shall with disabilities, except that before the fil- pursuant to this subsection to the attention take appropriate action, in accordance with ing of a civil action under such laws seeking of the public within the jurisdiction of such the provisions of section 444 of the General relief that is also available under this part, agency. Education Provisions Act (20 U.S.C. 1232g), the procedures under subsections (f) and (g) ‘‘(b) JUDICIAL REVIEW.— to assure the protection of the confidential- shall be exhausted to the same extent as ‘‘(1) IN GENERAL.—If any State is dissatis- ity of any personally identifiable data, infor- would be required had the action been fied with the Secretary’s final action with mation, and records collected or maintained brought under this part. respect to the eligibility of the State under by the Secretary and by State and local edu- RANSFER OF PARENTAL RIGHTS AT ‘‘(m) T section 612, such State may, not later than 60 cational agencies pursuant to the provisions AGE OF MAJORITY.— days after notice of such action, file with the of this part. ‘‘(1) IN GENERAL.—A State that receives United States court of appeals for the circuit ‘‘(d) PERSONNEL.—The Secretary is author- amounts from a grant under this part may in which such State is located a petition for ized to hire qualified personnel necessary to provide that, when a child with a disability review of that action. A copy of the petition carry out the Secretary’s duties under sub- reaches the age of majority under State law shall be forthwith transmitted by the clerk section (a) and under sections 618, 661, and (except for a child with a disability who has of the court to the Secretary. The Secretary 673 (or their predecessor authorities through been determined to be incompetent under thereupon shall file in the court the record October 1, 1997) without regard to the provi- State law)— of the proceedings upon which the Sec- sions of title 5, United States Code, relating ‘‘(A) the public agency shall provide any to appointments in the competitive service notice required by this section to both the retary’s action was based, as provided in sec- tion 2112 of title 28, United States Code. and without regard to chapter 51 and sub- individual and the parents; chapter III of chapter 53 of such title relat- ‘‘(2) JURISDICTION; REVIEW BY UNITED ‘‘(B) all other rights accorded to parents ing to classification and general schedule under this part transfer to the child; STATES SUPREME COURT.—Upon the filing of such petition, the court shall have jurisdic- pay rates, except that no more than twenty ‘‘(C) the agency shall notify the individual such personnel shall be employed at any tion to affirm the action of the Secretary or and the parents of the transfer of rights; and time. ‘‘(D) all rights accorded to parents under to set it aside, in whole or in part. The judg- ment of the court shall be subject to review ‘‘SEC. 618. PROGRAM INFORMATION. this part transfer to children who are incar- ‘‘(a) IN GENERAL.—Each State that receives cerated in an adult or juvenile Federal, by the Supreme Court of the United States upon certiorari or certification as provided assistance under this part, and the Secretary State, or local correctional institution. of the Interior, shall provide data each year in section 1254 of title 28, United States ‘‘(2) SPECIAL RULE.—If, under State law, a to the Secretary— Code. child with a disability who has reached the ‘‘(1)(A) on— ‘‘(3) STANDARD OF REVIEW.—The findings of age of majority under State law, who has not ‘‘(i) the number of children with disabil- fact by the Secretary, if supported by sub- been determined to be incompetent, but who ities, by race, ethnicity, and disability cat- stantial evidence, shall be conclusive, but is determined not to have the ability to pro- egory, who are receiving a free appropriate the court, for good cause shown, may remand vide informed consent with respect to the public education; the case to the Secretary to take further evi- educational program of the child, the State ‘‘(ii) the number of children with disabil- dence, and the Secretary may thereupon shall establish procedures for appointing the ities, by race and ethnicity, who are receiv- make new or modified findings of fact and parent of the child, or if the parent is not ing early intervention services; may modify the Secretary’s previous action, available, another appropriate individual, to ‘‘(iii) the number of children with disabil- and shall file in the court the record of the represent the educational interests of the ities, by race, ethnicity, and disability cat- further proceedings. Such new or modified child throughout the period of eligibility of egory, who are participating in regular edu- findings of fact shall likewise be conclusive the child under this part. cation; ‘‘SEC. 616. WITHHOLDING AND JUDICIAL REVIEW. if supported by substantial evidence. ‘‘(c) DIVIDED STATE AGENCY RESPONSIBIL- ‘‘(iv) the number of children with disabil- ‘‘(a) WITHHOLDING OF PAYMENTS.— ITY.—For purposes of this section, where re- ities, by race, ethnicity, and disability cat- ‘‘(1) IN GENERAL.—Whenever the Secretary, sponsibility for ensuring that the require- egory, who are in separate classes, separate after reasonable notice and opportunity for ments of this part are met with respect to schools or facilities, or public or private resi- hearing to the State educational agency in- children with disabilities who are convicted dential facilities; volved (and to any local educational agency as adults under State law and incarcerated ‘‘(v) the number of children with disabil- or State agency affected by any failure de- in adult prisons is assigned to a public agen- ities, by race, ethnicity, and disability cat- scribed in subparagraph (B)), finds— cy other than the State educational agency egory, who, for each year of age from age 14 ‘‘(A) that there has been a failure by the pursuant to section 612(a)(11)(C), the Sec- to 21, stopped receiving special education State to comply substantially with any pro- retary, in instances where the Secretary and related services because of program com- vision of this part; or finds that the failure to comply substan- pletion or other reasons and the reasons why ‘‘(B) that there is a failure to comply with tially with the provisions of this part are re- those children stopped receiving special edu- any condition of a local educational agency’s lated to a failure by the public agency, shall cation and related services; or State agency’s eligibility under this part, take appropriate corrective action to ensure ‘‘(vi) the number of children with disabil- including the terms of any agreement to compliance with this part, except— ities, by race and ethnicity, who, from birth achieve compliance with this part within the ‘‘(1) any reduction or withholding of pay- through age two, stopped receiving early timelines specified in the agreement; ments to the State is proportionate to the intervention services because of program the Secretary shall, after notifying the State total funds allotted under section 611 to the completion or for other reasons; and educational agency, withhold, in whole or in State as the number of eligible children with ‘‘(vii)(I) the number of children with dis- part, any further payments to the State disabilities in adult prisons under the super- abilities, by race, ethnicity, and disability under this part, or refer the matter for ap- vision of the other public agency is propor- category, who under subparagraphs (A)(ii) propriate enforcement action, which may in- tionate to the number of eligible individuals and (B) of section 615(k)(1), are removed to clude referral to the Department of Justice. with disabilities in the State under the su- an interim alternative educational setting; H2516 CONGRESSIONAL RECORD — HOUSE May 13, 1997 ‘‘(II) the acts or items precipitating those the most recent population data, including ‘‘(A) the percentage increase, if any, from removals; and data on children living in poverty, that are the preceding fiscal year in the State’s allo- ‘‘(III) the number of children with disabil- available and satisfactory to the Secretary. cation under this section; or ities who are subject to long-term suspen- ‘‘(B) Notwithstanding subparagraph (A), al- ‘‘(B) the percentage increase, if any, from sions or expulsions; and locations under this paragraph shall be sub- the preceding fiscal year in the Consumer ‘‘(B) on the number of infants and toddlers, ject to the following: Price Index For All Urban Consumers pub- by race and ethnicity, who are at risk of hav- ‘‘(i) No State’s allocation shall be less than lished by the Bureau of Labor Statistics of ing substantial developmental delays (as de- its allocation for the preceding fiscal year. the Department of Labor. scribed in section 632), and who are receiving ‘‘(ii) No State’s allocation shall be less ‘‘(e) STATE ADMINISTRATION.— early intervention services under part C; and than the greatest of— ‘‘(1) IN GENERAL.—For the purpose of ad- ‘‘(2) on any other information that may be ‘‘(I) the sum of— ministering this section (including the co- required by the Secretary. ‘‘(aa) the amount it received for fiscal year ordination of activities under this part with, ‘‘(b) SAMPLING.—The Secretary may permit 1997; and and providing technical assistance to, other States and the Secretary of the Interior to ‘‘(bb) one third of one percent of the programs that provide services to children with disabilities) a State may use not more obtain the data described in subsection (a) amount by which the amount appropriated than 20 percent of the maximum amount it through sampling. under subsection (j) exceeds the amount ap- may retain under subsection (d) for any fis- ‘‘(c) DISPROPORTIONALITY.— propriated under this section for fiscal year cal year. ‘‘(1) IN GENERAL.—Each State that receives 1997; ‘‘(2) ADMINISTRATION OF PART C.—Funds de- assistance under this part, and the Secretary ‘‘(II) the sum of— scribed in paragraph (1) may also be used for of the Interior, shall provide for the collec- ‘‘(aa) the amount it received for the pre- tion and examination of data to determine if the administration of part C of this Act, if ceding fiscal year; and the State educational agency is the lead significant disproportionality based on race ‘‘(bb) that amount multiplied by the per- is occurring in the State with respect to— agency for the State under that part. centage by which the increase in the funds ‘‘(f) OTHER STATE-LEVEL ACTIVITIES.—Each ‘‘(A) the identification of children as chil- appropriated from the preceding fiscal year State shall use any funds it retains under dren with disabilities, including the identi- exceeds 1.5 percent; or subsection (d) and does not use for adminis- fication of children as children with disabil- ‘‘(III) the sum of— tration under subsection (e)— ities in accordance with a particular impair- ‘‘(aa) the amount it received for the pre- ‘‘(1) for support services (including estab- ment described in section 602(3); and ceding fiscal year; and lishing and implementing the mediation ‘‘(B) the placement in particular edu- ‘‘(bb) that amount multiplied by 90 percent process required by section 615(e)), which cational settings of such children. of the percentage increase in the amount ap- may benefit children with disabilities young- ‘‘(2) REVIEW AND REVISION OF POLICIES, propriated from the preceding fiscal year. er than 3 or older than 5 as long as those PRACTICES, AND PROCEDURES.—In the case of a ‘‘(iii) Notwithstanding clause (ii), no services also benefit children with disabil- determination of significant State’s allocation under this paragraph shall ities aged 3 through 5; disproportionality with respect to the identi- exceed the sum of— ‘‘(2) for direct services for children eligible fication of children as children with disabil- ‘‘(I) the amount it received for the preced- for services under this section; ities, or the placement in particular edu- ing fiscal year; and ‘‘(3) to develop a State improvement plan cational settings of such children, in accord- ‘‘(II) that amount multiplied by the sum of under subpart 1 of part D; ance with paragraph (1), the State or the 1.5 percent and the percentage increase in ‘‘(4) for activities at the State and local Secretary of the Interior, as the case may be, the amount appropriated. levels to meet the performance goals estab- shall provide for the review and, if appro- ‘‘(C) If the amount available for alloca- lished by the State under section 612(a)(16) priate, revision of the policies, procedures, tions under this paragraph is insufficient to and to support implementation of the State and practices used in such identification or pay those allocations in full, those alloca- improvement plan under subpart 1 of part D placement to ensure that such policies, pro- tions shall be ratably reduced, subject to if the State receives funds under that sub- cedures, and practices comply with the re- subparagraph (B)(i). part; or quirements of this Act. ‘‘(3) DECREASE IN FUNDS.—If the amount ‘‘(5) to supplement other funds used to de- ‘‘SEC. 619. PRESCHOOL GRANTS. available for allocations to States under velop and implement a Statewide coordi- ‘‘(a) IN GENERAL.—The Secretary shall pro- paragraph (1) is less than the amount allo- nated services system designed to improve vide grants under this section to assist cated to the States under this section for the results for children and families, including States to provide special education and re- preceding fiscal year, those allocations shall children with disabilities and their families, lated services, in accordance with this part— be calculated as follows: but not to exceed one percent of the amount ‘‘(1) to children with disabilities aged 3 to ‘‘(A) If the amount available for alloca- received by the State under this section for 5, inclusive; and tions is greater than the amount allocated to a fiscal year. ‘‘(2) at the State’s discretion, to 2-year-old the States for fiscal year 1997, each State ‘‘(g) SUBGRANTS TO LOCAL EDUCATIONAL children with disabilities who will turn 3 shall be allocated the sum of— AGENCIES.— during the school year. ‘‘(i) the amount it received for fiscal year ‘‘(1) SUBGRANTS REQUIRED.—Each State ‘‘(b) ELIGIBILITY.—A State shall be eligible 1997; and that receives a grant under this section for for a grant under this section if such State— any fiscal year shall distribute any of the ‘‘(ii) an amount that bears the same rela- ‘‘(1) is eligible under section 612 to receive grant funds that it does not reserve under tion to any remaining funds as the increase a grant under this part; and subsection (d) to local educational agencies the State received for the preceding fiscal ‘‘(2) makes a free appropriate public edu- in the State that have established their eli- year over fiscal year 1997 bears to the total cation available to all children with disabil- gibility under section 613, as follows: of all such increases for all States. ities, aged 3 through 5, residing in the State. ‘‘(A) BASE PAYMENTS.—The State shall first ‘‘(B) If the amount available for alloca- ‘‘(c) ALLOCATIONS TO STATES.— award each agency described in paragraph (1) tions is equal to or less than the amount al- ‘‘(1) IN GENERAL.—After reserving funds for the amount that agency would have received located to the States for fiscal year 1997, studies and evaluations under section 674(e), under this section for fiscal year 1997 if the each State shall be allocated the amount it the Secretary shall allocate the remaining State had distributed 75 percent of its grant received for that year, ratably reduced, if amount among the States in accordance for that year under section 619(c)(3), as then with paragraph (2) or (3), as the case may be. necessary. in effect. ‘‘(4) OUTLYING AREAS.—The Secretary shall ‘‘(2) INCREASE IN FUNDS.—If the amount ‘‘(B) ALLOCATION OF REMAINING FUNDS.— available for allocations to States under increase the fiscal year 1998 allotment of After making allocations under subpara- paragraph (1) is equal to or greater than the each outlying area under section 611 by at graph (A), the State shall— amount allocated to the States under this least the amount that that area received ‘‘(i) allocate 85 percent of any remaining section for the preceding fiscal year, those under this section for fiscal year 1997. funds to those agencies on the basis of the allocations shall be calculated as follows: ‘‘(d) RESERVATION FOR STATE ACTIVITIES.— relative numbers of children enrolled in pub- ‘‘(A)(i) Except as provided in subparagraph ‘‘(1) IN GENERAL.—Each State may retain lic and private elementary and secondary (B), the Secretary shall— not more than the amount described in para- schools within the agency’s jurisdiction; and ‘‘(I) allocate to each State the amount it graph (2) for administration and other State- ‘‘(ii) allocate 15 percent of those remaining received for fiscal year 1997; level activities in accordance with sub- funds to those agencies in accordance with ‘‘(II) allocate 85 percent of any remaining sections (e) and (f). their relative numbers of children living in funds to States on the basis of their relative ‘‘(2) AMOUNT DESCRIBED.—For each fiscal poverty, as determined by the State edu- populations of children aged 3 through 5; and year, the Secretary shall determine and re- cational agency. ‘‘(III) allocate 15 percent of those remain- port to the State educational agency an ‘‘(2) REALLOCATION OF FUNDS.—If a State ing funds to States on the basis of their rel- amount that is 25 percent of the amount the educational agency determines that a local ative populations of all children aged 3 State received under this section for fiscal educational agency is adequately providing a through 5 who are living in poverty. year 1997, cumulatively adjusted by the Sec- free appropriate public education to all chil- ‘‘(ii) For the purpose of making grants retary for each succeeding fiscal year by the dren with disabilities aged three through five under this paragraph, the Secretary shall use lesser of— residing in the area served by that agency May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2517 with State and local funds, the State edu- to an individual residing in a State, has the ‘‘(B) may also include, at a State’s discre- cational agency may reallocate any portion meaning given such term by the State under tion, at-risk infants and toddlers. of the funds under this section that are not section 635(a)(1). ‘‘SEC. 633. GENERAL AUTHORITY. needed by that local agency to provide a free ‘‘(4) EARLY INTERVENTION SERVICES.—The appropriate public education to other local term ‘early intervention services’ means de- ‘‘The Secretary shall, in accordance with educational agencies in the State that are velopmental services that— this part, make grants to States (from their not adequately providing special education ‘‘(A) are provided under public supervision; allotments under section 643) to assist each and related services to all children with dis- ‘‘(B) are provided at no cost except where State to maintain and implement a state- abilities aged three through five residing in Federal or State law provides for a system of wide, comprehensive, coordinated, multi- the areas they serve. payments by families, including a schedule disciplinary, interagency system to provide ‘‘(h) PART C INAPPLICABLE.—Part C of this of sliding fees; early intervention services for infants and Act does not apply to any child with a dis- ‘‘(C) are designed to meet the developmen- toddlers with disabilities and their families. ability receiving a free appropriate public tal needs of an infant or toddler with a dis- ‘‘SEC. 634. ELIGIBILITY. education, in accordance with this part, with ability in any one or more of the following funds received under this section. areas— ‘‘In order to be eligible for a grant under ‘‘(i) DEFINITION.—For the purpose of this ‘‘(i) physical development; section 633, a State shall demonstrate to the section, the term ‘State’ means each of the ‘‘(ii) cognitive development; Secretary that the State— 50 States, the District of Columbia, and the ‘‘(iii) communication development; ‘‘(1) has adopted a policy that appropriate Commonwealth of Puerto Rico. ‘‘(iv) social or emotional development; or early intervention services are available to ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(v) adaptive development; all infants and toddlers with disabilities in For the purpose of carrying out this section, ‘‘(D) meet the standards of the State in the State and their families, including In- there are authorized to be appropriated to which they are provided, including the re- dian infants and toddlers with disabilities the Secretary $500,000,000 for fiscal year 1998 quirements of this part; and their families residing on a reservation and such sums as may be necessary for each ‘‘(E) include— geographically located in the State; and subsequent fiscal year. ‘‘(i) family training, counseling, and home ‘‘(2) has in effect a statewide system that ‘‘PART C—INFANTS AND TODDLERS WITH visits; meets the requirements of section 635. DISABILITIES ‘‘(ii) special instruction; ‘‘SEC. 635. REQUIREMENTS FOR STATEWIDE SYS- ‘‘SEC. 631. FINDINGS AND POLICY. ‘‘(iii) speech-language pathology and audi- TEM. ‘‘(a) FINDINGS.—The Congress finds that ology services; there is an urgent and substantial need— ‘‘(iv) occupational therapy; ‘‘(a) IN GENERAL.—A statewide system de- ‘‘(1) to enhance the development of infants ‘‘(v) physical therapy; scribed in section 633 shall include, at a min- and toddlers with disabilities and to mini- ‘‘(vi) psychological services; imum, the following components: mize their potential for developmental ‘‘(vii) service coordination services; ‘‘(1) A definition of the term ‘developmen- delay; ‘‘(viii) medical services only for diagnostic tal delay’ that will be used by the State in ‘‘(2) to reduce the educational costs to our or evaluation purposes; carrying out programs under this part. society, including our Nation’s schools, by ‘‘(ix) early identification, screening, and ‘‘(2) A State policy that is in effect and minimizing the need for special education assessment services; that ensures that appropriate early interven- and related services after infants and tod- ‘‘(x) health services necessary to enable tion services are available to all infants and dlers with disabilities reach school age; the infant or toddler to benefit from the toddlers with disabilities and their families, ‘‘(3) to minimize the likelihood of institu- other early intervention services; including Indian infants and toddlers and tionalization of individuals with disabilities ‘‘(xi) social work services; their families residing on a reservation geo- and maximize the potential for their inde- ‘‘(xii) vision services; graphically located in the State. pendently living in society; ‘‘(xiii) assistive technology devices and ‘‘(3) A timely, comprehensive, multidisci- ‘‘(4) to enhance the capacity of families to assistive technology services; and plinary evaluation of the functioning of each meet the special needs of their infants and ‘‘(xiv) transportation and related costs infant or toddler with a disability in the toddlers with disabilities; and that are necessary to enable an infant or State, and a family-directed identification of ‘‘(5) to enhance the capacity of State and toddler and the infant’s or toddler’s family the needs of each family of such an infant or local agencies and service providers to iden- to receive another service described in this toddler, to appropriately assist in the devel- tify, evaluate, and meet the needs of histori- paragraph; opment of the infant or toddler. cally underrepresented populations, particu- ‘‘(F) are provided by qualified personnel, ‘‘(4) For each infant or toddler with a dis- larly minority, low-income, inner-city, and including— ability in the State, an individualized family rural populations. ‘‘(i) special educators; service plan in accordance with section 636, ‘‘(b) POLICY.—It is therefore the policy of ‘‘(ii) speech-language pathologists and including service coordination services in ac- the United States to provide financial assist- audiologists; cordance with such service plan. ance to States— ‘‘(iii) occupational therapists; ‘‘(5) A comprehensive child find system, ‘‘(1) to develop and implement a statewide, ‘‘(iv) physical therapists; consistent with part B, including a system comprehensive, coordinated, multidisci- ‘‘(v) psychologists; for making referrals to service providers plinary, interagency system that provides ‘‘(vi) social workers; that includes timelines and provides for par- early intervention services for infants and ‘‘(vii) nurses; ticipation by primary referral sources. toddlers with disabilities and their families; ‘‘(viii) nutritionists; ‘‘(6) A public awareness program focusing ‘‘(2) to facilitate the coordination of pay- ‘‘(ix) family therapists; on early identification of infants and tod- ment for early intervention services from ‘‘(x) orientation and mobility specialists; dlers with disabilities, including the prepara- Federal, State, local, and private sources (in- and tion and dissemination by the lead agency cluding public and private insurance cov- ‘‘(xi) pediatricians and other physicians; designated or established under paragraph erage); ‘‘(G) to the maximum extent appropriate, (10) to all primary referral sources, espe- ‘‘(3) to enhance their capacity to provide are provided in natural environments, in- cially hospitals and physicians, of informa- quality early intervention services and ex- cluding the home, and community settings tion for parents on the availability of early pand and improve existing early intervention in which children without disabilities par- intervention services, and procedures for de- services being provided to infants and tod- ticipate; and termining the extent to which such sources dlers with disabilities and their families; and ‘‘(H) are provided in conformity with an in- disseminate such information to parents of ‘‘(4) to encourage States to expand oppor- dividualized family service plan adopted in infants and toddlers. tunities for children under 3 years of age who accordance with section 636. ‘‘(7) A central directory which includes in- would be at risk of having substantial devel- ‘‘(5) INFANT OR TODDLER WITH A DISABIL- formation on early intervention services, re- opmental delay if they did not receive early ITY.—The term ‘infant or toddler with a dis- sources, and experts available in the State intervention services. ability’— and research and demonstration projects ‘‘SEC. 632. DEFINITIONS. ‘‘(A) means an individual under 3 years of being conducted in the State. ‘‘As used in this part: age who needs early intervention services be- ‘‘(8) A comprehensive system of personnel ‘‘(1) AT-RISK INFANT OR TODDLER.—The cause the individual— development, including the training of para- term ‘at-risk infant or toddler’ means an in- ‘‘(i) is experiencing developmental delays, professionals and the training of primary re- dividual under 3 years of age who would be at as measured by appropriate diagnostic in- ferral sources respecting the basic compo- risk of experiencing a substantial devel- struments and procedures in one or more of nents of early intervention services available opmental delay if early intervention services the areas of cognitive development, physical in the State, that is consistent with the were not provided to the individual. development, communication development, comprehensive system of personnel develop- ‘‘(2) COUNCIL.—The term ‘council’ means a social or emotional development, and adapt- ment described in section 612(a)(14) and may State interagency coordinating council es- ive development; or include— tablished under section 641. ‘‘(ii) has a diagnosed physical or mental ‘‘(A) implementing innovative strategies ‘‘(3) DEVELOPMENTAL DELAY.—The term ‘de- condition which has a high probability of re- and activities for the recruitment and reten- velopmental delay’, when used with respect sulting in developmental delay; and tion of early education service providers; H2518 CONGRESSIONAL RECORD — HOUSE May 13, 1997 ‘‘(B) promoting the preparation of early ‘‘(14) A system for compiling data re- needs of the infant or toddler and the family, intervention providers who are fully and ap- quested by the Secretary under section 618 including the frequency, intensity, and propriately qualified to provide early inter- that relates to this part. method of delivering services; vention services under this part; ‘‘(15) A State interagency coordinating ‘‘(5) a statement of the natural environ- ‘‘(C) training personnel to work in rural council that meets the requirements of sec- ments in which early intervention services and inner-city areas; and tion 641. shall appropriately be provided, including a ‘‘(D) training personnel to coordinate tran- ‘‘(16) Policies and procedures to ensure justification of the extent, if any, to which sition services for infants and toddlers that, consistent with section 636(d)(5)— the services will not be provided in a natural served under this part from an early inter- ‘‘(A) to the maximum extent appropriate, environment; vention program under this part to preschool early intervention services are provided in ‘‘(6) the projected dates for initiation of or other appropriate services. natural environments; and services and the anticipated duration of the ‘‘(9) Subject to subsection (b), policies and ‘‘(B) the provision of early intervention services; procedures relating to the establishment and services for any infant or toddler occurs in a ‘‘(7) the identification of the service coor- maintenance of standards to ensure that per- setting other than a natural environment dinator from the profession most imme- sonnel necessary to carry out this part are only when early intervention cannot be diately relevant to the infant’s or toddler’s appropriately and adequately prepared and achieved satisfactorily for the infant or tod- or family’s needs (or who is otherwise quali- trained, including— dler in a natural environment. fied to carry out all applicable responsibil- ‘‘(A) the establishment and maintenance of ‘‘(b) POLICY.—In implementing subsection ities under this part) who will be responsible standards which are consistent with any (a)(9), a State may adopt a policy that in- for the implementation of the plan and co- State-approved or recognized certification, cludes making ongoing good-faith efforts to ordination with other agencies and persons; licensing, registration, or other comparable recruit and hire appropriately and ade- and requirements which apply to the area in quately trained personnel to provide early ‘‘(8) the steps to be taken to support the which such personnel are providing early intervention services to infants and toddlers transition of the toddler with a disability to intervention services; and with disabilities, including, in a geographic preschool or other appropriate services. ‘‘(B) to the extent such standards are not area of the State where there is a shortage of ‘‘(e) PARENTAL CONSENT.—-The contents of based on the highest requirements in the such personnel, the most qualified individ- the individualized family service plan shall State applicable to a specific profession or uals available who are making satisfactory be fully explained to the parents and in- discipline, the steps the State is taking to progress toward completing applicable formed written consent from the parents require the retraining or hiring of personnel course work necessary to meet the standards shall be obtained prior to the provision of that meet appropriate professional require- described in subsection (a)(9), consistent early intervention services described in such plan. If the parents do not provide consent ments in the State; with State law, within 3 years. with respect to a particular early interven- except that nothing in this part, including ‘‘SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN. tion service, then the early intervention this paragraph, prohibits the use of para- ‘‘(a) ASSESSMENT AND PROGRAM DEVELOP- services to which consent is obtained shall professionals and assistants who are appro- MENT.—A statewide system described in sec- be provided. priately trained and supervised, in accord- tion 633 shall provide, at a minimum, for ‘‘SEC. 637. STATE APPLICATION AND ASSUR- ance with State law, regulations, or written each infant or toddler with a disability, and ANCES. policy, to assist in the provision of early the infant’s or toddler’s family, to receive— ‘‘(a) APPLICATION.—A State desiring to re- intervention services to infants and toddlers ‘‘(1) a multidisciplinary assessment of the ceive a grant under section 633 shall submit with disabilities under this part. unique strengths and needs of the infant or an application to the Secretary at such time ‘‘(10) A single line of responsibility in a toddler and the identification of services ap- and in such manner as the Secretary may lead agency designated or established by the propriate to meet such needs; reasonably require. The application shall Governor for carrying out— ‘‘(2) a family-directed assessment of the re- contain— ‘‘(A) the general administration and super- sources, priorities, and concerns of the fam- ‘‘(1) a designation of the lead agency in the vision of programs and activities receiving ily and the identification of the supports and State that will be responsible for the admin- assistance under section 633, and the mon- services necessary to enhance the family’s istration of funds provided under section 633; itoring of programs and activities used by capacity to meet the developmental needs of ‘‘(2) a designation of an individual or en- the State to carry out this part, whether or the infant or toddler; and tity responsible for assigning financial re- not such programs or activities are receiving ‘‘(3) a written individualized family service sponsibility among appropriate agencies; assistance made available under section 633, plan developed by a multidisciplinary team, ‘‘(3) information demonstrating eligibility to ensure that the State complies with this including the parents, as required by sub- of the State under section 634, including— part; section (e). ‘‘(A) information demonstrating to the ‘‘(B) the identification and coordination of ‘‘(b) PERIODIC REVIEW.—The individualized Secretary’s satisfaction that the State has all available resources within the State from family service plan shall be evaluated once a in effect the statewide system required by Federal, State, local, and private sources; year and the family shall be provided a re- section 633; and ‘‘(C) the assignment of financial respon- view of the plan at 6-month intervals (or ‘‘(B) a description of services to be pro- sibility in accordance with section 637(a)(2) more often where appropriate based on in- vided to infants and toddlers with disabil- to the appropriate agencies; fant or toddler and family needs). ities and their families through the system; ‘‘(D) the development of procedures to en- ‘‘(c) PROMPTNESS AFTER ASSESSMENT.—The ‘‘(4) if the State provides services to at- sure that services are provided to infants and individualized family service plan shall be risk infants and toddlers through the sys- toddlers with disabilities and their families developed within a reasonable time after the tem, a description of such services; under this part in a timely manner pending assessment required by subsection (a)(1) is ‘‘(5) a description of the uses for which the resolution of any disputes among public completed. With the parents’ consent, early funds will be expended in accordance with agencies or service providers; intervention services may commence prior this part; ‘‘(E) the resolution of intra- and inter- to the completion of the assessment. ‘‘(6) a description of the procedure used to agency disputes; and ‘‘(d) CONTENT OF PLAN.—-The individual- ensure that resources are made available ‘‘(F) the entry into formal interagency ized family service plan shall be in writing under this part for all geographic areas with- agreements that define the financial respon- and contain— in the State; sibility of each agency for paying for early ‘‘(1) a statement of the infant’s or toddler’s ‘‘(7) a description of State policies and pro- intervention services (consistent with State present levels of physical development, cog- cedures that ensure that, prior to the adop- law) and procedures for resolving disputes nitive development, communication develop- tion by the State of any other policy or pro- and that include all additional components ment, social or emotional development, and cedure necessary to meet the requirements necessary to ensure meaningful cooperation adaptive development, based on objective of this part, there are public hearings, ade- and coordination. criteria; quate notice of the hearings, and an oppor- ‘‘(11) A policy pertaining to the contract- ‘‘(2) a statement of the family’s resources, tunity for comment available to the general ing or making of other arrangements with priorities, and concerns relating to enhanc- public, including individuals with disabil- service providers to provide early interven- ing the development of the family’s infant or ities and parents of infants and toddlers with tion services in the State, consistent with toddler with a disability; disabilities; the provisions of this part, including the ‘‘(3) a statement of the major outcomes ex- ‘‘(8) a description of the policies and proce- contents of the application used and the con- pected to be achieved for the infant or tod- dures to be used— ditions of the contract or other arrange- dler and the family, and the criteria, proce- ‘‘(A) to ensure a smooth transition for tod- ments. dures, and timelines used to determine the dlers receiving early intervention services ‘‘(12) A procedure for securing timely reim- degree to which progress toward achieving under this part to preschool or other appro- bursements of funds used under this part in the outcomes is being made and whether priate services, including a description of accordance with section 640(a). modifications or revisions of the outcomes how-- ‘‘(13) Procedural safeguards with respect to or services are necessary; ‘‘(i) the families of such toddlers will be in- programs under this part, as required by sec- ‘‘(4) a statement of specific early interven- cluded in the transition plans required by tion 639. tion services necessary to meet the unique subparagraph (C); and May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2519 ‘‘(ii) the lead agency designated or estab- termines, after notice and opportunity for a tive proceedings, shall hear additional evi- lished under section 635(a)(10) will— hearing, that the application fails to comply dence at the request of a party, and, basing ‘‘(I) notify the local educational agency for with the requirements of this section. its decision on the preponderance of the evi- the area in which such a child resides that ‘‘(d) SUBSEQUENT STATE APPLICATION.—If a dence, shall grant such relief as the court de- the child will shortly reach the age of eligi- State has on file with the Secretary a policy, termines is appropriate. bility for preschool services under part B, as procedure, or assurance that demonstrates ‘‘(2) The right to confidentiality of person- determined in accordance with State law; that the State meets a requirement of this ally identifiable information, including the ‘‘(II) in the case of a child who may be eli- section, including any policy or procedure right of parents to written notice of and gible for such preschool services, with the filed under part H (as in effect before July 1, written consent to the exchange of such in- approval of the family of the child, convene 1998), the Secretary shall consider the State formation among agencies consistent with a conference among the lead agency, the to have met the requirement for purposes of Federal and State law. family, and the local educational agency at receiving a grant under this part. ‘‘(3) The right of the parents to determine least 90 days (and at the discretion of all ‘‘(e) MODIFICATION OF APPLICATION.—An ap- whether they, their infant or toddler, or such parties, up to 6 months) before the child plication submitted by a State in accordance other family members will accept or decline is eligible for the preschool services, to dis- with this section shall remain in effect until any early intervention service under this cuss any such services that the child may re- the State submits to the Secretary such part in accordance with State law without ceive; and modifications as the State determines nec- jeopardizing other early intervention serv- ‘‘(III) in the case of a child who may not be essary. This section shall apply to a modi- ices under this part. eligible for such preschool services, with the fication of an application to the same extent ‘‘(4) The opportunity for parents to exam- approval of the family, make reasonable ef- and in the same manner as this section ap- ine records relating to assessment, screen- forts to convene a conference among the lead plies to the original application. ing, eligibility determinations, and the de- agency, the family, and providers of other ‘‘(f) MODIFICATIONS REQUIRED BY THE SEC- velopment and implementation of the indi- appropriate services for children who are not RETARY.—The Secretary may require a State vidualized family service plan. eligible for preschool services under part B, to modify its application under this section, ‘‘(5) Procedures to protect the rights of the to discuss the appropriate services that the but only to the extent necessary to ensure infant or toddler whenever the parents of the child may receive; the State’s compliance with this part, if— infant or toddler are not known or cannot be ‘‘(B) to review the child’s program options ‘‘(1) an amendment is made to this Act, or found or the infant or toddler is a ward of for the period from the child’s third birthday a Federal regulation issued under this Act; the State, including the assignment of an in- through the remainder of the school year; ‘‘(2) a new interpretation of this Act is dividual (who shall not be an employee of the and made by a Federal court or the State’s high- State lead agency, or other State agency, ‘‘(C) to establish a transition plan; and est court; or and who shall not be any person, or any em- ‘‘(9) such other information and assurances ‘‘(3) an official finding of noncompliance ployee of a person, providing early interven- as the Secretary may reasonably require. with Federal law or regulations is made with tion services to the infant or toddler or any ‘‘(b) ASSURANCES.—The application de- respect to the State. family member of the infant or toddler) to scribed in subsection (a)— ‘‘SEC. 638. USES OF FUNDS. act as a surrogate for the parents. ‘‘(1) shall provide satisfactory assurance ‘‘(6) Written prior notice to the parents of that Federal funds made available under sec- ‘‘In addition to using funds provided under tion 643 to the State will be expended in ac- section 633 to maintain and implement the the infant or toddler with a disability when- cordance with this part; statewide system required by such section, a ever the State agency or service provider ‘‘(2) shall contain an assurance that the State may use such funds— proposes to initiate or change or refuses to State will comply with the requirements of ‘‘(1) for direct early intervention services initiate or change the identification, evalua- section 640; for infants and toddlers with disabilities, and tion, or placement of the infant or toddler ‘‘(3) shall provide satisfactory assurance their families, under this part that are not with a disability, or the provision of appro- that the control of funds provided under sec- otherwise funded through other public or pri- priate early intervention services to the in- tion 643, and title to property derived from vate sources; fant or toddler. those funds, will be in a public agency for ‘‘(2) to expand and improve on services for ‘‘(7) Procedures designed to ensure that the the uses and purposes provided in this part infants and toddlers and their families under notice required by paragraph (6) fully in- and that a public agency will administer this part that are otherwise available; forms the parents, in the parents’ native lan- such funds and property; ‘‘(3) to provide a free appropriate public guage, unless it clearly is not feasible to do ‘‘(4) shall provide for— education, in accordance with part B, to so, of all procedures available pursuant to ‘‘(A) making such reports in such form and children with disabilities from their third this section. containing such information as the Sec- birthday to the beginning of the following ‘‘(8) The right of parents to use mediation retary may require to carry out the Sec- school year; and in accordance with section 615(e), except retary’s functions under this part; and ‘‘(4) in any State that does not provide that— ‘‘(B) keeping such records and affording services for at-risk infants and toddlers ‘‘(A) any reference in the section to a State such access to them as the Secretary may under section 637(a)(4), to strengthen the educational agency shall be considered to be find necessary to ensure the correctness and statewide system by initiating, expanding, a reference to a State’s lead agency estab- verification of those reports and proper dis- or improving collaborative efforts related to lished or designated under section 635(a)(10); bursement of Federal funds under this part; at-risk infants and toddlers, including estab- ‘‘(B) any reference in the section to a local ‘‘(5) provide satisfactory assurance that lishing linkages with appropriate public or educational agency shall be considered to be Federal funds made available under section private community-based organizations, a reference to a local service provider or the 643 to the State— services, and personnel for the purposes of— State’s lead agency under this part, as the ‘‘(A) will not be commingled with State ‘‘(A) identifying and evaluating at-risk in- case may be; and funds; and fants and toddlers; ‘‘(C) any reference in the section to the ‘‘(B) will be used so as to supplement the ‘‘(B) making referrals of the infants and provision of free appropriate public edu- level of State and local funds expended for toddlers identified and evaluated under sub- cation to children with disabilities shall be infants and toddlers with disabilities and paragraph (A); and considered to be a reference to the provision their families and in no case to supplant ‘‘(C) conducting periodic follow-up on each of appropriate early intervention services to those State and local funds; such referral to determine if the status of infants and toddlers with disabilities. ‘‘(6) shall provide satisfactory assurance the infant or toddler involved has changed ‘‘(b) SERVICES DURING PENDENCY OF PRO- that such fiscal control and fund accounting with respect to the eligibility of the infant CEEDINGS.—During the pendency of any pro- procedures will be adopted as may be nec- or toddler for services under this part. ceeding or action involving a complaint by essary to ensure proper disbursement of, and ‘‘SEC. 639. PROCEDURAL SAFEGUARDS. the parents of an infant or toddler with a accounting for, Federal funds paid under sec- ‘‘(a) MINIMUM PROCEDURES.—-The proce- disability, unless the State agency and the tion 643 to the State; dural safeguards required to be included in a parents otherwise agree, the infant or tod- ‘‘(7) shall provide satisfactory assurance statewide system under section 635(a)(13) dler shall continue to receive the appro- that policies and procedures have been shall provide, at a minimum, the following: priate early intervention services currently adopted to ensure meaningful involvement of ‘‘(1) The timely administrative resolution being provided or, if applying for initial serv- underserved groups, including minority, low- of complaints by parents. Any party ag- ices, shall receive the services not in dispute. income, and rural families, in the planning grieved by the findings and decision regard- ‘‘SEC. 640. PAYOR OF LAST RESORT. and implementation of all the requirements ing an administrative complaint shall have ‘‘(a) NONSUBSTITUTION.—Funds provided of this part; and the right to bring a civil action with respect under section 643 may not be used to satisfy ‘‘(8) shall contain such other information to the complaint in any State court of com- a financial commitment for services that and assurances as the Secretary may reason- petent jurisdiction or in a district court of would have been paid for from another public ably require by regulation. the United States without regard to the or private source, including any medical pro- ‘‘(c) STANDARD FOR DISAPPROVAL OF APPLI- amount in controversy. In any action gram administered by the Secretary of De- CATION.—The Secretary may not disapprove brought under this paragraph, the court fense, but for the enactment of this part, ex- such an application unless the Secretary de- shall receive the records of the administra- cept that whenever considered necessary to H2520 CONGRESSIONAL RECORD — HOUSE May 13, 1997 prevent a delay in the receipt of appropriate the Indian Health Service or the tribe or ‘‘SEC. 643. ALLOCATION OF FUNDS. early intervention services by an infant, tod- tribal council. ‘‘(a) RESERVATION OF FUNDS FOR OUTLYING dler, or family in a timely fashion, funds pro- ‘‘(c) MEETINGS.—The council shall meet at AREAS.— vided under section 643 may be used to pay least quarterly and in such places as it ‘‘(1) IN GENERAL.—From the sums appro- the provider of services pending reimburse- deems necessary. The meetings shall be pub- priated to carry out this part for any fiscal ment from the agency that has ultimate re- licly announced, and, to the extent appro- year, the Secretary may reserve up to one sponsibility for the payment. priate, open and accessible to the general percent for payments to Guam, American ‘‘(b) REDUCTION OF OTHER BENEFITS—Noth- public. Samoa, the Virgin Islands, and the Common- ing in this part shall be construed to permit ‘‘(d) MANAGEMENT AUTHORITY.—Subject to wealth of the Northern Mariana Islands in the approval of the Governor, the council the State to reduce medical or other assist- accordance with their respective needs. ance available or to alter eligibility under may prepare and approve a budget using ‘‘(2) CONSOLIDATION OF FUNDS.—The provi- title V of the Social Security Act (relating funds under this part to conduct hearings sions of Public Law 95–134, permitting the to maternal and child health) or title XIX of and forums, to reimburse members of the consolidation of grants to the outlying the Social Security Act (relating to medic- council for reasonable and necessary ex- areas, shall not apply to funds those areas aid for infants or toddlers with disabilities) penses for attending council meetings and receive under this part. within the State. performing council duties (including child ‘‘SEC. 641. STATE INTERAGENCY COORDINATING care for parent representatives), to pay com- ‘‘(b) PAYMENTS TO INDIANS.— COUNCIL. pensation to a member of the council if the ‘‘(1) IN GENERAL.—The Secretary shall, sub- ‘‘(a) ESTABLISHMENT.— member is not employed or must forfeit ject to this subsection, make payments to ‘‘(1) IN GENERAL.—A State that desires to wages from other employment when per- the Secretary of the Interior to be distrib- receive financial assistance under this part forming official council business, to hire uted to tribes, tribal organizations (as de- shall establish a State interagency coordi- staff, and to obtain the services of such pro- fined under section 4 of the Indian Self-De- nating council. fessional, technical, and clerical personnel as termination and Education Assistance Act), ‘‘(2) APPOINTMENT.—The council shall be may be necessary to carry out its functions or consortia of the above entities for the co- appointed by the Governor. In making ap- under this part. ordination of assistance in the provision of pointments to the council, the Governor ‘‘(e) FUNCTIONS OF COUNCIL.— early intervention services by the States to shall ensure that the membership of the ‘‘(1) DUTIES.—The council shall— infants and toddlers with disabilities and council reasonably represents the population ‘‘(A) advise and assist the lead agency des- their families on reservations served by ele- of the State. ignated or established under section mentary and secondary schools for Indian ‘‘(3) CHAIRPERSON.—The Governor shall 635(a)(10) in the performance of the respon- children operated or funded by the Depart- designate a member of the council to serve sibilities set forth in such section, particu- ment of the Interior. The amount of such as the chairperson of the council, or shall re- larly the identification of the sources of fis- payment for any fiscal year shall be 1.25 per- quire the council to so designate such a cal and other support for services for early cent of the aggregate of the amount avail- member. Any member of the council who is intervention programs, assignment of finan- able to all States under this part for such fis- a representative of the lead agency des- cial responsibility to the appropriate agency, cal year. ignated under section 635(a)(10) may not and the promotion of the interagency agree- ‘‘(2) ALLOCATION.—For each fiscal year, the serve as the chairperson of the council. ments; Secretary of the Interior shall distribute the ‘‘(b) COMPOSITION.— ‘‘(B) advise and assist the lead agency in entire payment received under paragraph (1) ‘‘(1) IN GENERAL.—The council shall be the preparation of applications and amend- by providing to each tribe, tribal organiza- composed as follows: ments thereto; tion, or consortium an amount based on the ‘‘(A) PARENTS.—At least 20 percent of the ‘‘(C) advise and assist the State edu- number of infants and toddlers residing on members shall be parents of infants or tod- cational agency regarding the transition of the reservation, as determined annually, di- dlers with disabilities or children with dis- toddlers with disabilities to preschool and vided by the total of such children served by abilities aged 12 or younger, with knowledge other appropriate services; and all tribes, tribal organizations, or consortia. of, or experience with, programs for infants ‘‘(D) prepare and submit an annual report ‘‘(3) INFORMATION.—To receive a payment and toddlers with disabilities. At least one to the Governor and to the Secretary on the under this subsection, the tribe, tribal orga- such member shall be a parent of an infant status of early intervention programs for in- nization, or consortium shall submit such in- or toddler with a disability or a child with a fants and toddlers with disabilities and their formation to the Secretary of the Interior as disability aged 6 or younger. families operated within the State. is needed to determine the amounts to be ‘‘(B) SERVICE PROVIDERS.—At least 20 per- ‘‘(2) AUTHORIZED ACTIVITY.—The council distributed under paragraph (2). cent of the members shall be public or pri- may advise and assist the lead agency and ‘‘(4) USE OF FUNDS.—The funds received by vate providers of early intervention services. the State educational agency regarding the a tribe, tribal organization, or consortium ‘‘(C) STATE LEGISLATURE.—At least one provision of appropriate services for children shall be used to assist States in child-find, member shall be from the State legislature. from birth through age 5. The council may screening, and other procedures for the early ‘‘(D) PERSONNEL PREPARATION.—At least advise appropriate agencies in the State with identification of Indian children under 3 one member shall be involved in personnel respect to the integration of services for in- years of age and for parent training. Such preparation. fants and toddlers with disabilities and at- funds may also be used to provide early ‘‘(E) AGENCY FOR EARLY INTERVENTION risk infants and toddlers and their families, intervention services in accordance with this SERVICES.—At least one member shall be regardless of whether at-risk infants and part. Such activities may be carried out di- from each of the State agencies involved in toddlers are eligible for early intervention rectly or through contracts or cooperative the provision of, or payment for, early inter- services in the State. agreements with the BIA, local educational vention services to infants and toddlers with ‘‘(f) CONFLICT OF INTEREST.—No member of agencies, and other public or private non- disabilities and their families and shall have the council shall cast a vote on any matter profit organizations. The tribe, tribal organi- sufficient authority to engage in policy plan- that would provide direct financial benefit to zation, or consortium is encouraged to in- ning and implementation on behalf of such that member or otherwise give the appear- volve Indian parents in the development and agencies. ance of a conflict of interest under State implementation of these activities. The ‘‘(F) AGENCY FOR PRESCHOOL SERVICES.—At law. above entities shall, as appropriate, make re- least one member shall be from the State ‘‘SEC. 642. FEDERAL ADMINISTRATION. ferrals to local, State, or Federal entities for educational agency responsible for preschool ‘‘Sections 616, 617, and 618 shall, to the ex- the provision of services or further diagnosis. services to children with disabilities and tent not inconsistent with this part, apply to ‘‘(5) REPORTS.—To be eligible to receive a shall have sufficient authority to engage in the program authorized by this part, except grant under paragraph (2), a tribe, tribal or- policy planning and implementation on be- that— ganization, or consortium shall make a bien- half of such agency. ‘‘(1) any reference in such sections to a nial report to the Secretary of the Interior of ‘‘(G) AGENCY FOR HEALTH INSURANCE.—At State educational agency shall be considered activities undertaken under this subsection, least one member shall be from the agency to be a reference to a State’s lead agency es- including the number of contracts and coop- responsible for the State governance of tablished or designated under section erative agreements entered into, the number health insurance. 635(a)(10); of children contacted and receiving services ‘‘(H) HEAD START AGENCY.—At least one ‘‘(2) any reference in such sections to a for each year, and the estimated number of representative from a Head Start agency or local educational agency, educational serv- children needing services during the 2 years program in the State. ice agency, or a State agency shall be consid- following the year in which the report is ‘‘(I) CHILD CARE AGENCY.—At least one rep- ered to be a reference to an early interven- made. The Secretary of the Interior shall in- resentative from a State agency responsible tion service provider under this part; and clude a summary of this information on a bi- for child care. ‘‘(3) any reference to the education of chil- ennial basis to the Secretary of Education ‘‘(2) OTHER MEMBERS.—The council may in- dren with disabilities or the education of all along with such other information as re- clude other members selected by the Gov- children with disabilities shall be considered quired under section 611(i)(3)(E). The Sec- ernor, including a representative from the to be a reference to the provision of appro- retary of Education may require any addi- Bureau of Indian Affairs, or where there is priate early intervention services to infants tional information from the Secretary of the no BIA-operated or BIA-funded school, from and toddlers with disabilities. Interior. May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2521

‘‘(6) PROHIBITED USES OF FUNDS.—None of ‘‘(ii) preschool or other appropriate serv- their families and preschool children with the funds under this subsection may be used ices for children with disabilities; disabilities; and by the Secretary of the Interior for adminis- ‘‘(B) ensure the effective coordination of ‘‘(21) other persons appointed by the Sec- trative purposes, including child count, and Federal early intervention and preschool retary. the provision of technical assistance. programs and policies across Federal agen- ‘‘(c) MEETINGS.—The Council shall meet at ‘‘(c) STATE ALLOTMENTS.— cies; least quarterly and in such places as the ‘‘(1) IN GENERAL.—Except as provided in ‘‘(C) coordinate the provision of Federal Council deems necessary. The meetings shall paragraphs (2), (3), and (4), from the funds re- technical assistance and support activities be publicly announced, and, to the extent ap- maining for each fiscal year after the res- to States; propriate, open and accessible to the general ervation and payments under subsections (a) ‘‘(D) identify gaps in Federal agency pro- public. and (b), the Secretary shall first allot to grams and services; and ‘‘(d) FUNCTIONS OF THE COUNCIL.—The each State an amount that bears the same ‘‘(E) identify barriers to Federal inter- Council shall— ratio to the amount of such remainder as the agency cooperation. ‘‘(1) advise and assist the Secretary of Edu- number of infants and toddlers in the State ‘‘(2) APPOINTMENTS.—The council estab- cation, the Secretary of Health and Human bears to the number of infants and toddlers lished under paragraph (1) (hereafter in this Services, the Secretary of Defense, the Sec- in all States. section referred to as the ‘‘Council’’) and the retary of the Interior, the Secretary of Agri- ‘‘(2) MINIMUM ALLOTMENTS.—Except as pro- chairperson of the Council shall be appointed culture, and the Commissioner of Social Se- vided in paragraphs (3) and (4), no State shall by the Secretary in consultation with other curity in the performance of their respon- receive an amount under this section for any appropriate Federal agencies. In making the sibilities related to serving children from fiscal year that is less than the greatest of— appointments, the Secretary shall ensure birth through age 5 who are eligible for serv- ‘‘(A) one-half of one percent of the remain- that each member has sufficient authority to ices under this part or under part B; ing amount described in paragraph (1); or engage in policy planning and implementa- ‘‘(2) conduct policy analyses of Federal ‘‘(B) $500,000. tion on behalf of the department, agency, or programs related to the provision of early ‘‘(3) SPECIAL RULE FOR 1998 AND 1999.— program that the member represents. intervention services and special educational ‘‘(A) IN GENERAL.—Except as provided in ‘‘(b) COMPOSITION.—The Council shall be and related services to infants and toddlers paragraph (4), no State may receive an composed of— with disabilities and their families, and pre- amount under this section for either fiscal ‘‘(1) a representative of the Office of Spe- school children with disabilities, in order to year 1998 or 1999 that is less than the sum of cial Education Programs; determine areas of conflict, overlap, duplica- the amounts such State received for fiscal ‘‘(2) a representative of the National Insti- tion, or inappropriate omission; year 1994 under— tute on Disability and Rehabilitation Re- ‘‘(3) identify strategies to address issues ‘‘(i) part H (as in effect for such fiscal search and a representative of the Office of described in paragraph (2); year); and Educational Research and Improvement; ‘‘(4) develop and recommend joint policy ‘‘(ii) subpart 2 of part D of chapter 1 of ‘‘(3) a representative of the Maternal and memoranda concerning effective interagency title I of the Elementary and Secondary Edu- Child Health Services Block Grant Program; collaboration, including modifications to cation Act of 1965 (as in effect on the day be- ‘‘(4) a representative of programs adminis- regulations, and the elimination of barriers fore the date of the enactment of the Im- tered under the Developmental Disabilities to interagency programs and activities; proving America’s Schools Act of 1994) for Assistance and Bill of Rights Act; ‘‘(5) coordinate technical assistance and children with disabilities under 3 years of ‘‘(5) a representative of the Health Care Fi- disseminate information on best practices, age. nancing Administration; effective program coordination strategies, ‘‘(B) EXCEPTION.—If, for fiscal year 1998 or ‘‘(6) a representative of the Division of and recommendations for improved early 1999, the number of infants and toddlers in a Birth Defects and Developmental Disabil- intervention programming for infants and ities of the Centers for Disease Control; State, as determined under paragraph (1), is toddlers with disabilities and their families ‘‘(7) a representative of the Social Security less than the number of infants and toddlers and preschool children with disabilities; and Administration; so determined for fiscal year 1994, the ‘‘(6) facilitate activities in support of ‘‘(8) a representative of the special supple- amount determined under subparagraph (A) States’ interagency coordination efforts. mental nutrition program for women, in- for the State shall be reduced by the same ‘‘(e) CONFLICT OF INTEREST.—No member of percentage by which the number of such in- fants, and children of the Department of Ag- the Council shall cast a vote on any matter fants and toddlers so declined. riculture; that would provide direct financial benefit to ‘‘(4) RATABLE REDUCTION.— ‘‘(9) a representative of the National Insti- that member or otherwise give the appear- tute of Mental Health; ‘‘(A) IN GENERAL.—If the sums made avail- ance of a conflict of interest under Federal ‘‘(10) a representative of the National Insti- able under this part for any fiscal year are law. tute of Child Health and Human Develop- insufficient to pay the full amounts that all ‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.— States are eligible to receive under this sub- ment; The Federal Advisory Committee Act (5 section for such year, the Secretary shall ‘‘(11) a representative of the Bureau of In- U.S.C. App.) shall not apply to the establish- ratably reduce the allotments to such States dian Affairs of the Department of the Inte- ment or operation of the Council. rior; for such year. ‘‘SEC. 645. AUTHORIZATION OF APPROPRIATIONS. ‘‘(12) a representative of the Indian Health ‘‘(B) ADDITIONAL FUNDS.—If additional ‘‘For the purpose of carrying out this part, Service; funds become available for making payments there are authorized to be appropriated ‘‘(13) a representative of the Surgeon Gen- under this subsection for a fiscal year, allot- $400,000,000 for fiscal year 1998 and such sums eral; ments that were reduced under subparagraph as may be necessary for each of the fiscal ‘‘(14) a representative of the Department of (A) shall be increased on the same basis they years 1999 through 2002. Defense; were reduced. ‘‘PART D—NATIONAL ACTIVITIES TO IM- ‘‘(5) DEFINITIONS.—For the purpose of this ‘‘(15) a representative of the Children’s Bu- reau, and a representative of the Head Start PROVE EDUCATION OF CHILDREN WITH subsection— DISABILITIES ‘‘(A) the terms ‘infants’ and ‘toddlers’ Bureau, of the Administration for Children ‘‘Subpart 1—State Program Improvement mean children under 3 years of age; and and Families; Grants for Children with Disabilities ‘‘(B) the term ‘State’ means each of the 50 ‘‘(16) a representative of the Substance States, the District of Columbia, and the Abuse and Mental Health Services Adminis- ‘‘SEC. 651. FINDINGS AND PURPOSE. Commonwealth of Puerto Rico. tration; ‘‘(a) FINDINGS.—The Congress finds the fol- ‘‘(d) REALLOTMENT OF FUNDS.—If a State ‘‘(17) a representative of the Pediatric lowing: elects not to receive its allotment under sub- AIDS Health Care Demonstration Program ‘‘(1) States are responding with some suc- section (c), the Secretary shall reallot, in the Public Health Service; cess to multiple pressures to improve edu- among the remaining States, amounts from ‘‘(18) parents of children with disabilities cational and transitional services and results such State in accordance with such sub- age 12 or under (who shall constitute at least for children with disabilities in response to section. 20 percent of the members of the Council), of growing demands imposed by ever-changing ‘‘SEC. 644. FEDERAL INTERAGENCY COORDINAT- whom at least one must have a child with a factors, such as demographics, social poli- ING COUNCIL. disability under the age of 6; cies, and labor and economic markets. ‘‘(a) ESTABLISHMENT AND PURPOSE.— ‘‘(19) at least 2 representatives of State ‘‘(2) In order for States to address such de- ‘‘(1) IN GENERAL.—The Secretary shall es- lead agencies for early intervention services mands and to facilitate lasting systemic tablish a Federal Interagency Coordinating to infants and toddlers, one of whom must be change that is of benefit to all students, in- Council in order to— a representative of a State educational agen- cluding children with disabilities, States ‘‘(A) minimize duplication of programs and cy and the other a representative of a non- must involve local educational agencies, par- activities across Federal, State, and local educational agency; ents, individuals with disabilities and their agencies, relating to— ‘‘(20) other members representing appro- families, teachers and other service provid- ‘‘(i) early intervention services for infants priate agencies involved in the provision of, ers, and other interested individuals and or- and toddlers with disabilities (including at- or payment for, early intervention services ganizations in carrying out comprehensive risk infants and toddlers) and their families; and special education and related services to strategies to improve educational results for and infants and toddlers with disabilities and children with disabilities. H2522 CONGRESSIONAL RECORD — HOUSE May 13, 1997 ‘‘(3) Targeted Federal financial resources nical assistance, and dissemination of ‘‘(A) an analysis of all information, reason- are needed to assist States, working in part- knowledge about best practices, to improve ably available to the State educational agen- nership with others, to identify and make results for children with disabilities. cy, on the performance of children with dis- needed changes to address the needs of chil- ‘‘SEC. 652. ELIGIBILITY AND COLLABORATIVE abilities in the State, including— dren with disabilities into the next century. PROCESS. ‘‘(i) their performance on State assess- ‘‘(4) State educational agencies, in partner- ‘‘(a) ELIGIBLE APPLICANTS.—A State edu- ments and other performance indicators es- ship with local educational agencies and cational agency may apply for a grant under tablished for all children, including drop-out other individuals and organizations, are in this subpart for a grant period of not less rates and graduation rates; the best position to identify and design ways than 1 year and not more than 5 years. ‘‘(ii) their participation in postsecondary to meet emerging and expanding demands to ‘‘(b) PARTNERS.— education and employment; and improve education for children with disabil- ‘‘(1) REQUIRED PARTNERS.— ‘‘(iii) how their performance on the assess- ities and to address their special needs. ‘‘(A) CONTRACTUAL PARTNERS.—In order to ments and indicators described in clause (i) ‘‘(5) Research, demonstration, and practice be considered for a grant under this subpart, compares to that of non-disabled children; over the past 20 years in special education a State educational agency shall establish a ‘‘(B) an analysis of State and local needs and related disciplines have built a founda- partnership with local educational agencies for professional development for personnel to tion of knowledge on which State and local and other State agencies involved in, or con- serve children with disabilities that in- systemic-change activities can now be based. cerned with, the education of children with cludes, at a minimum— ‘‘(6) Such research, demonstration, and disabilities. ‘‘(i) the number of personnel providing spe- practice in special education and related dis- ‘‘(B) OTHER PARTNERS.—In order to be con- cial education and related services; and ciplines have demonstrated that an effective sidered for a grant under this subpart, a ‘‘(ii) relevant information on current and educational system now and in the future State educational agency shall work in part- anticipated personnel vacancies and short- must— nership with other persons and organizations ages (including the number of individuals de- ‘‘(A) maintain high academic standards involved in, and concerned with, the edu- scribed in clause (i) with temporary certifi- and clear performance goals for children cation of children with disabilities, includ- cation), and on the extent of certification or with disabilities, consistent with the stand- ing— retraining necessary to eliminate such short- ards and expectations for all students in the ‘‘(i) the Governor; ages, that is based, to the maximum extent educational system, and provide for appro- ‘‘(ii) parents of children with disabilities; possible, on existing assessments of person- priate and effective strategies and methods ‘‘(iii) parents of nondisabled children; nel needs; to ensure that students who are children ‘‘(iv) individuals with disabilities; ‘‘(C) an analysis of the major findings of with disabilities have maximum opportuni- ‘‘(v) organizations representing individuals the Secretary’s most recent reviews of State ties to achieve those standards and goals; with disabilities and their parents, such as compliance, as they relate to improving re- ‘‘(B) create a system that fully addresses parent training and information centers; sults for children with disabilities; and the needs of all students, including children ‘‘(vi) community-based and other nonprofit ‘‘(D) an analysis of other information, rea- with disabilities, by addressing the needs of organizations involved in the education and sonably available to the State, on the effec- children with disabilities in carrying out employment of individuals with disabilities; tiveness of the State’s systems of early educational reform activities; ‘‘(vii) the lead State agency for part C; intervention, special education, and general ‘‘(C) clearly define, in measurable terms, ‘‘(viii) general and special education teach- education in meeting the needs of children the school and post-school results that chil- ers, and early intervention personnel; with disabilities. dren with disabilities are expected to ‘‘(ix) the State advisory panel established ‘‘(c) IMPROVEMENT STRATEGIES.—Each achieve; under part C; State improvement plan shall— ‘‘(D) promote service integration, and the ‘‘(x) the State interagency coordinating ‘‘(1) describe a partnership agreement coordination of State and local education, council established under part C; and that— social, health, mental health, and other serv- ‘‘(xi) institutions of higher education with- ‘‘(A) specifies— ices, in addressing the full range of student in the State. ‘‘(i) the nature and extent of the partner- needs, particularly the needs of children ‘‘(2) OPTIONAL PARTNERS.—A partnership ship among the State educational agency, with disabilities who require significant lev- under subparagraph (A) or (B) of paragraph local educational agencies, and other State els of support to maximize their participa- (1) may also include— agencies involved in, or concerned with, the tion and learning in school and the commu- ‘‘(A) individuals knowledgeable about vo- education of children with disabilities, and nity; cational education; the respective roles of each member of the ‘‘(E) ensure that children with disabilities ‘‘(B) the State agency for higher education; partnership; and are provided assistance and support in mak- ‘‘(C) the State vocational rehabilitation ‘‘(ii) how such agencies will work in part- ing transitions as described in section agency; nership with other persons and organizations 674(b)(3)(C); ‘‘(D) public agencies with jurisdiction in involved in, and concerned with, the edu- ‘‘(F) promote comprehensive programs of the areas of health, mental health, social cation of children with disabilities, including professional development to ensure that the services, and juvenile justice; and the respective roles of each of these persons persons responsible for the education or a ‘‘(E) other individuals. and organizations; and transition of children with disabilities pos- ‘‘SEC. 653. APPLICATIONS. ‘‘(B) is in effect for the period of the grant; sess the skills and knowledge necessary to ‘‘(a) IN GENERAL.— ‘‘(2) describe how grant funds will be used address the educational and related needs of ‘‘(1) SUBMISSION.—A State educational in undertaking the systemic-change activi- those children; agency that desires to receive a grant under ties, and the amount and nature of funds ‘‘(G) disseminate to teachers and other per- this subpart shall submit to the Secretary an from any other sources, including part B sonnel serving children with disabilities re- application at such time, in such manner, funds retained for use at the State level search-based knowledge about successful and including such information as the Sec- under sections 611(f) and 619(d), that will be teaching practices and models and provide retary may require. committed to the systemic-change activi- technical assistance to local educational ‘‘(2) STATE IMPROVEMENT PLAN.—The appli- ties; agencies and schools on how to improve re- cation shall include a State improvement ‘‘(3) describe the strategies the State will sults for children with disabilities; plan that— use to address the needs identified under sub- ‘‘(H) create school-based disciplinary strat- ‘‘(A) is integrated, to the maximum extent section (b), including— egies that will be used to reduce or eliminate possible, with State plans under the Elemen- ‘‘(A) how the State will change State poli- the need to use suspension and expulsion as tary and Secondary Education Act of 1965 cies and procedures to address systemic bar- disciplinary options for children with dis- and the Rehabilitation Act of 1973, as appro- riers to improving results for children with abilities; priate; and disabilities; ‘‘(I) establish placement-neutral funding ‘‘(B) meets the requirements of this sec- ‘‘(B) how the State will hold local edu- formulas and cost-effective strategies for tion. cational agencies and schools accountable meeting the needs of children with disabil- ‘‘(b) DETERMINING CHILD AND PROGRAM for educational progress of children with dis- ities; and NEEDS.— abilities; ‘‘(J) involve individuals with disabilities ‘‘(1) IN GENERAL.—Each State improvement ‘‘(C) how the State will provide technical and parents of children with disabilities in plan shall identify those critical aspects of assistance to local educational agencies and planning, implementing, and evaluating sys- early intervention, general education, and schools to improve results for children with temic-change activities and educational re- special education programs (including pro- disabilities; forms. fessional development, based on an assess- ‘‘(D) how the State will address the identi- ‘‘(b) PURPOSE.—The purpose of this subpart ment of State and local needs) that must be fied needs for in-service and pre-service prep- is to assist State educational agencies, and improved to enable children with disabilities aration to ensure that all personnel who their partners referred to in section 652(b), in to meet the goals established by the State work with children with disabilities (includ- reforming and improving their systems for under section 612(a)(16). ing both professional and paraprofessional providing educational, early intervention, ‘‘(2) REQUIRED ANALYSES.—To meet the re- personnel who provide special education, and transitional services, including their quirement of paragraph (1), the State im- general education, related services, or early systems for professional development, tech- provement plan shall include at least— intervention services) have the skills and May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2523 knowledge necessary to meet the needs of ‘‘(2) PRIORITY.—The Secretary may give ‘‘(2) not less than $80,000, in the case of an children with disabilities, including a de- priority to applications on the basis of need, outlying area. scription of how— as indicated by such information as the find- ‘‘(b) INFLATION ADJUSTMENT.—Beginning ‘‘(i) the State will prepare general and spe- ings of Federal compliance reviews. with fiscal year 1999, the Secretary may in- cial education personnel with the content ‘‘(e) PEER REVIEW.— crease the maximum amount described in knowledge and collaborative skills needed to ‘‘(1) IN GENERAL.—The Secretary shall use subsection (a)(1) to account for inflation. meet the needs of children with disabilities, a panel of experts who are competent, by vir- ‘‘(c) FACTORS.—The Secretary shall set the including how the State will work with other tue of their training, expertise, or experi- amount of each grant under subsection (a) States on common certification criteria; ence, to evaluate applications under this after considering— ‘‘(ii) the State will prepare professionals subpart. ‘‘(1) the amount of funds available for mak- and paraprofessionals in the area of early ‘‘(2) COMPOSITION OF PANEL.—A majority of ing the grants; intervention with the content knowledge and a panel described in paragraph (1) shall be ‘‘(2) the relative population of the State or collaborative skills needed to meet the needs composed of individuals who are not employ- outlying area; and of infants and toddlers with disabilities; ees of the Federal Government. ‘‘(3) the types of activities proposed by the ‘‘(iii) the State will work with institutions ‘‘(3) PAYMENT OF FEES AND EXPENSES OF State or outlying area. of higher education and other entities that CERTAIN MEMBERS.—The Secretary may use ‘‘SEC. 656. AUTHORIZATION OF APPROPRIATIONS. (on both a pre-service and an in-service available funds appropriated to carry out ‘‘There are authorized to be appropriated basis) prepare personnel who work with chil- this subpart to pay the expenses and fees of to carry out this subpart such sums as may dren with disabilities to ensure that those panel members who are not employees of the be necessary for each of the fiscal years 1998 institutions and entities develop the capac- Federal Government. through 2002. ity to support quality professional develop- ‘‘(f) REPORTING PROCEDURES.—Each State ‘‘Subpart 2—Coordinated Research, Person- ment programs that meet State and local educational agency that receives a grant nel Preparation, Technical Assistance, Sup- needs; under this subpart shall submit performance port, and Dissemination of Information ‘‘(iv) the State will work to develop col- reports to the Secretary pursuant to a sched- ‘‘SEC. 661. ADMINISTRATIVE PROVISIONS. laborative agreements with other States for ule to be determined by the Secretary, but ‘‘(a) COMPREHENSIVE PLAN.— the joint support and development of pro- not more frequently than annually. The re- ‘‘(1) IN GENERAL.—The Secretary shall de- grams to prepare personnel for which there ports shall describe the progress of the State is not sufficient demand within a single velop and implement a comprehensive plan in meeting the performance goals estab- for activities carried out under this subpart State to justify support or development of lished under section 612(a)(16), analyze the such a program of preparation; in order to enhance the provision of edu- effectiveness of the State’s strategies in cational, related, transitional, and early ‘‘(v) the State will work in collaboration meeting those goals, and identify any with other States, particularly neighboring intervention services to children with dis- changes in the strategies needed to improve abilities under parts B and C. The plan shall States, to address the lack of uniformity and its performance. reciprocity in the credentialing of teachers include mechanisms to address educational, ‘‘SEC. 654. USE OF FUNDS. and other personnel; related services, transitional, and early ‘‘(a) IN GENERAL.— ‘‘(vi) the State will enhance the ability of intervention needs identified by State edu- ‘‘(1) ACTIVITIES.—A State educational teachers and others to use strategies, such as cational agencies in applications submitted agency that receives a grant under this sub- behavioral interventions, to address the con- for State program improvement grants under duct of children with disabilities that im- part may use the grant to carry out any ac- subpart 1. pedes the learning of children with disabil- tivities that are described in the State’s ap- ‘‘(2) PARTICIPANTS IN PLAN DEVELOPMENT.— ities and others; plication and that are consistent with the In developing the plan described in para- ‘‘(vii) the State will acquire and dissemi- purpose of this subpart. graph (1), the Secretary shall consult with— nate, to teachers, administrators, school ‘‘(2) CONTRACTS AND SUBGRANTS.—Each ‘‘(A) individuals with disabilities; board members, and related services person- such State educational agency— ‘‘(B) parents of children with disabilities; nel, significant knowledge derived from edu- ‘‘(A) shall, consistent with its partnership ‘‘(C) appropriate professionals; and cational research and other sources, and how agreement under section 652(b), award con- ‘‘(D) representatives of State and local the State will, when appropriate, adopt tracts or subgrants to local educational educational agencies, private schools, insti- promising practices, materials, and tech- agencies, institutions of higher education, tutions of higher education, other Federal nology; and parent training and information centers, agencies, the National Council on Disability, ‘‘(viii) the State will recruit, prepare, and as appropriate, to carry out its State im- and national organizations with an interest retain qualified personnel, including person- provement plan under this subpart; and in, and expertise in, providing services to nel with disabilities and personnel from ‘‘(B) may award contracts and subgrants to children with disabilities and their families. groups that are underrepresented in the other public and private entities, including ‘‘(3) PUBLIC COMMENT.—The Secretary shall fields of regular education, special edu- the lead agency under part C, to carry out take public comment on the plan. cation, and related services; such plan. ‘‘(4) DISTRIBUTION OF FUNDS.—In imple- ‘‘(ix) the plan is integrated, to the maxi- ‘‘(b) USE OF FUNDS FOR PROFESSIONAL DE- menting the plan, the Secretary shall, to the mum extent possible, with other professional VELOPMENT.—A State educational agency extent appropriate, ensure that funds are development plans and activities, including that receives a grant under this subpart— awarded to recipients under this subpart to plans and activities developed and carried ‘‘(1) shall use not less than 75 percent of carry out activities that benefit, directly or out under other Federal and State laws that the funds it receives under the grant for any indirectly, children with disabilities of all address personnel recruitment and training; fiscal year— ages. and ‘‘(A) to ensure that there are sufficient ‘‘(5) REPORTS TO CONGRESS.—The Secretary ‘‘(x) the State will provide for the joint regular education, special education, and re- shall periodically report to the Congress on training of parents and special education, re- lated services personnel who have the skills the Secretary’s activities under this sub- lated services, and general education person- and knowledge necessary to meet the needs section, including an initial report not later nel; of children with disabilities and developmen- than the date that is 18 months after the ‘‘(E) strategies that will address systemic tal goals of young children; or date of the enactment of the Individuals problems identified in Federal compliance ‘‘(B) to work with other States on common with Disabilities Act Amendments of 1997. reviews, including shortages of qualified per- certification criteria; or ‘‘(b) ELIGIBLE APPLICANTS.— sonnel; ‘‘(2) shall use not less than 50 percent of ‘‘(1) IN GENERAL.—Except as otherwise pro- ‘‘(F) how the State will disseminate results such funds for such purposes, if the State vided in this subpart, the following entities of the local capacity-building and improve- demonstrates to the Secretary’s satisfaction are eligible to apply for a grant, contract, or ment projects funded under section 611(f)(4); that it has the personnel described in para- cooperative agreement under this subpart: ‘‘(G) how the State will address improving graph (1)(A). ‘‘(A) A State educational agency. results for children with disabilities in the ‘‘(c) GRANTS TO OUTLYING AREAS.—Public ‘‘(B) A local educational agency. geographic areas of greatest need; and Law 95–134, permitting the consolidation of ‘‘(C) An institution of higher education. ‘‘(H) how the State will assess, on a regular grants to the outlying areas, shall not apply ‘‘(D) Any other public agency. basis, the extent to which the strategies im- to funds received under this subpart. ‘‘(E) A private nonprofit organization. plemented under this subpart have been ef- ‘‘SEC. 655. MINIMUM STATE GRANT AMOUNTS. ‘‘(F) An outlying area. fective; and ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(G) An Indian tribe or a tribal organiza- ‘‘(4) describe how the improvement strate- make a grant to each State educational tion (as defined under section 4 of the Indian gies described in paragraph (3) will be coordi- agency whose application the Secretary has Self-Determination and Education Assist- nated with public and private sector re- selected for funding under this subpart in an ance Act). sources. amount for each fiscal year that is— ‘‘(H) A for-profit organization, if the Sec- ‘‘(d) COMPETITIVE AWARDS.— ‘‘(1) not less than $500,000, nor more than retary finds it appropriate in light of the ‘‘(1) IN GENERAL.—The Secretary shall $2,000,000, in the case of the 50 States, the purposes of a particular competition for a make grants under this subpart on a com- District of Columbia, and the Common- grant, contract, or cooperative agreement petitive basis. wealth of Puerto Rico; and under this subpart. H2524 CONGRESSIONAL RECORD — HOUSE May 13, 1997

‘‘(2) SPECIAL RULE.—The Secretary may ‘‘(vi) content areas, such as reading; or making decisions about the education of limit the entities eligible for an award of a ‘‘(vii) effective strategies for helping chil- their children; grant, contract, or cooperative agreement to dren with disabilities learn appropriate be- ‘‘(vi) individuals who establish policies one or more categories of eligible entities de- havior in the school and other community- that affect the delivery of services to chil- scribed in paragraph (1). based educational settings; dren with disabilities; ‘‘(c) USE OF FUNDS BY SECRETARY.—Not- ‘‘(B) projects that address the needs of ‘‘(vii) individuals who are parents of chil- withstanding any other provision of law, and children based on the severity of their dis- dren with disabilities who are benefiting, or in addition to any authority granted the ability; have benefited, from coordinated research, Secretary under chapter 1 or chapter 2, the ‘‘(C) projects that address the needs of— personnel preparation, and technical assist- Secretary may use up to 20 percent of the ‘‘(i) low-achieving students; ance; and funds available under either chapter 1 or ‘‘(ii) underserved populations; ‘‘(viii) individuals with disabilities. chapter 2 for any fiscal year to carry out any ‘‘(iii) children from low-income families; ‘‘(C) TRAINING.—The Secretary shall pro- activity, or combination of activities, sub- ‘‘(iv) children with limited English pro- vide training to the individuals who are se- ject to such conditions as the Secretary de- ficiency; lected as members of the standing panel termines are appropriate effectively to carry ‘‘(v) unserved and underserved areas; under this paragraph. out the purposes of such chapters, that— ‘‘(vi) particular types of geographic areas; ‘‘(D) TERM.—No individual shall serve on ‘‘(A) is consistent with the purposes of or the standing panel for more than 3 consecu- chapter 1, chapter 2, or both; and ‘‘(vii) children whose behavior interferes tive years, unless the Secretary determines ‘‘(B) involves— with their learning and socialization; that the individual’s continued participation ‘‘(i) research; ‘‘(D) projects to reduce inappropriate iden- is necessary for the sound administration of ‘‘(ii) personnel preparation; tification of children as children with dis- this subpart. ‘‘(iii) parent training and information; abilities, particularly among minority chil- ‘‘(2) PEER-REVIEW PANELS FOR PARTICULAR ‘‘(iv) technical assistance and dissemina- dren; COMPETITIONS.— tion; ‘‘(E) projects that are carried out in par- ‘‘(A) COMPOSITION.—The Secretary shall en- ‘‘(v) technology development, demonstra- ticular areas of the country, to ensure broad sure that each sub-panel selected from the tion, and utilization; or geographic coverage; and standing panel that reviews applications ‘‘(vi) media services. ‘‘(F) any activity that is expressly author- ‘‘(d) SPECIAL POPULATIONS.— under this subpart includes— ized in chapter 1 or 2. ‘‘(i) individuals with knowledge and exper- ‘‘(1) APPLICATION REQUIREMENT.—In making PPLICANT AND RECIPIENT RESPONSIBIL- ‘‘(f) A tise on the issues addressed by the activities an award of a grant, contract, or cooperative ITIES.— authorized by the subpart; and agreement under this subpart, the Secretary ‘‘(1) DEVELOPMENT AND ASSESSMENT OF ‘‘(ii) to the extent practicable, parents of shall, as appropriate, require an applicant to PROJECTS.—The Secretary shall require that children with disabilities, individuals with demonstrate how the applicant will address an applicant for, and a recipient of, a grant, disabilities, and persons from diverse back- the needs of children with disabilities from contract, or cooperative agreement for a grounds. minority backgrounds. project under this subpart— ‘‘(B) FEDERAL EMPLOYMENT LIMITATION.—A ‘‘(2) OUTREACH AND TECHNICAL ASSIST- ‘‘(A) involve individuals with disabilities majority of the individuals on each sub-panel ANCE.— or parents of individuals with disabilities in that reviews an application under this sub- ‘‘(A) REQUIREMENT.—Notwithstanding any planning, implementing, and evaluating the other provision of this Act, the Secretary project; and part shall be individuals who are not employ- shall ensure that at least one percent of the ‘‘(B) where appropriate, determine whether ees of the Federal Government. total amount of funds appropriated to carry the project has any potential for replication ‘‘(3) USE OF DISCRETIONARY FUNDS FOR AD- out this subpart is used for either or both of and adoption by other entities. MINISTRATIVE PURPOSES.— ‘‘(A) EXPENSES AND FEES OF NON-FEDERAL the following activities: ‘‘(2) ADDITIONAL RESPONSIBILITIES.—The ‘‘(i) To provide outreach and technical as- Secretary may require a recipient of a grant, PANEL MEMBERS.—The Secretary may use sistance to Historically Black Colleges and contract, or cooperative agreement for a funds available under this subpart to pay the Universities, and to institutions of higher project under this subpart— expenses and fees of the panel members who education with minority enrollments of at ‘‘(A) to share in the cost of the project; are not officers or employees of the Federal least 25 percent, to promote the participa- ‘‘(B) to prepare the research and evalua- Government. tion of such colleges, universities, and insti- tion findings and products from the project ‘‘(B) ADMINISTRATIVE SUPPORT.—The Sec- tutions in activities under this subpart. in formats that are useful for specific audi- retary may use not more than 1 percent of ‘‘(ii) To enable Historically Black Colleges ences, including parents, administrators, the funds appropriated to carry out this sub- and Universities, and the institutions de- teachers, early intervention personnel, relat- part to pay non-Federal entities for adminis- scribed in clause (i), to assist other colleges, ed services personnel, and individuals with trative support related to management of ap- universities, institutions, and agencies in disabilities; plications submitted under this subpart. improving educational and transitional re- ‘‘(C) to disseminate such findings and prod- ‘‘(C) MONITORING.—The Secretary may use sults for children with disabilities. ucts; and funds available under this subpart to pay the ‘‘(B) RESERVATION OF FUNDS.—The Sec- ‘‘(D) to collaborate with other such recipi- expenses of Federal employees to conduct retary may reserve funds appropriated under ents in carrying out subparagraphs (B) and on-site monitoring of projects receiving this subpart to satisfy the requirement of (C). $500,000 or more for any fiscal year under this subparagraph (A). ‘‘(g) APPLICATION MANAGEMENT.— subpart. ‘‘(e) PRIORITIES.— ‘‘(1) STANDING PANEL.— ‘‘(h) PROGRAM EVALUATION.—The Secretary ‘‘(1) IN GENERAL.—Except as otherwise ex- ‘‘(A) IN GENERAL.—The Secretary shall es- may use funds appropriated to carry out this plicitly authorized in this subpart, the Sec- tablish and use a standing panel of experts subpart to evaluate activities carried out retary shall ensure that a grant, contract, or who are competent, by virtue of their train- under the subpart. cooperative agreement under chapter 1 or 2 ing, expertise, or experience, to evaluate ap- ‘‘(i) MINIMUM FUNDING REQUIRED.— is awarded only— plications under this subpart that, individ- ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(A) for activities that are designed to ben- ually, request more than $75,000 per year in the Secretary shall ensure that, for each fis- efit children with disabilities, their families, Federal financial assistance. cal year, at least the following amounts are or the personnel employed to work with such ‘‘(B) MEMBERSHIP.—The standing panel provided under this subpart to address the children or their families; or shall include, at a minimum— following needs: ‘‘(B) to benefit other individuals with dis- ‘‘(i) individuals who are representatives of ‘‘(A) $12,832,000 to address the educational, abilities that such chapter is intended to institutions of higher education that plan, related services, transitional, and early benefit. develop, and carry out programs of personnel intervention needs of children with deaf- ‘‘(2) PRIORITY FOR PARTICULAR ACTIVITIES.— preparation; blindness. Subject to paragraph (1), the Secretary, in ‘‘(ii) individuals who design and carry out ‘‘(B) $4,000,000 to address the postsecond- making an award of a grant, contract, or co- programs of research targeted to the im- ary, vocational, technical, continuing, and operative agreement under this subpart, provement of special education programs adult education needs of individuals with may, without regard to the rule making pro- and services; deafness. cedures under section 553 of title 5, United ‘‘(iii) individuals who have recognized ex- ‘‘(C) $4,000,000 to address the educational, States Code, limit competitions to, or other- perience and knowledge necessary to inte- related services, and transitional needs of wise give priority to— grate and apply research findings to improve children with an emotional disturbance and ‘‘(A) projects that address one or more— educational and transitional results for chil- those who are at risk of developing an emo- ‘‘(i) age ranges; dren with disabilities; tional disturbance. ‘‘(ii) disabilities; ‘‘(iv) individuals who administer programs ‘‘(2) RATABLE REDUCTION.—If the total ‘‘(iii) school grades; at the State or local level in which children amount appropriated to carry out sections ‘‘(iv) types of educational placements or with disabilities participate; 672, 673, and 685 for any fiscal year is less early intervention environments; ‘‘(v) individuals who prepare parents of than $130,000,000, the amounts listed in para- ‘‘(v) types of services; children with disabilities to participate in graph (1) shall be ratably reduced. May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2525

‘‘(j) ELIGIBILITY FOR FINANCIAL ASSIST- ‘‘(B) by promoting the coordination and in- ‘‘(i) enable children with disabilities to ANCE.—Effective for fiscal years for which tegration of— make effective transitions described in sec- the Secretary may make grants under sec- ‘‘(i) personnel-development activities for tion 674(b)(3)(C) or transitions between edu- tion 619(b), no State or local educational teachers of children with disabilities; and cational settings; and agency or educational service agency or ‘‘(ii) other personnel-development activi- ‘‘(ii) improve educational and transitional other public institution or agency may re- ties supported under Federal law, including results for children with disabilities at all ceive a grant under this subpart which re- this chapter; levels of the educational system in which the lates exclusively to programs, projects, and ‘‘(C) by supporting the development and activities are carried out and, in particular, activities pertaining to children aged three dissemination of information about teaching that improve the progress of the children, as to five, inclusive, unless the State is eligible standards; and measured by assessments within the general to receive a grant under section 619(b). ‘‘(D) by promoting the coordination and in- education curriculum involved. ‘‘Chapter 1—Improving Early Intervention, tegration of personnel-development activi- ‘‘(C) Advancing the design of assessment Educational, and Transitional Services and ties through linkage with systemic-change tools and procedures that will accurately Results for Children with Disabilities activities within States and nationally. and efficiently determine the special instruc- through Coordinated Research and Person- ‘‘(b) PURPOSE.—The purpose of this chapter tional, learning, and behavioral needs of nel Preparation is to provide Federal funding for coordinated children with disabilities, especially within research, demonstration projects, outreach, ‘‘SEC. 671. FINDINGS AND PURPOSE. the context of general education. and personnel-preparation activities that— ‘‘(D) Studying and promoting improved ‘‘(a) FINDINGS.—The Congress finds the fol- ‘‘(1) are described in sections 672 through lowing: alignment and compatibility of general and 674; special education reforms concerned with ‘‘(1) The Federal Government has an ongo- ‘‘(2) are linked with, and promote, sys- ing obligation to support programs, projects, curricular and instructional reform, evalua- temic change; and tion and accountability of such reforms, and and activities that contribute to positive re- ‘‘(3) improve early intervention, edu- sults for children with disabilities, enabling administrative procedures. cational, and transitional results for chil- ‘‘(E) Advancing the design, development, them— dren with disabilities. ‘‘(A) to meet their early intervention, edu- and integration of technology, assistive ‘‘SEC. 672. RESEARCH AND INNOVATION TO IM- cational, and transitional goals and, to the technology devices, media, and materials, to PROVE SERVICES AND RESULTS FOR improve early intervention, educational, and maximum extent possible, educational CHILDREN WITH DISABILITIES. transitional services and results for children standards that have been established for all ‘‘(a) IN GENERAL.—The Secretary shall with disabilities. children; and make competitive grants to, or enter into ‘‘(B) to acquire the skills that will em- contracts or cooperative agreements with, ‘‘(F) Improving designs, processes, and re- power them to lead productive and independ- eligible entities to produce, and advance the sults of personnel preparation for personnel ent adult lives. use of, knowledge— who provide services to children with dis- ‘‘(2)(A) As a result of more than 20 years of ‘‘(1) to improve— abilities through the acquisition of informa- Federal support for research, demonstration ‘‘(A) services provided under this Act, in- tion on, and implementation of, research- projects, and personnel preparation, there is cluding the practices of professionals and based practices. an important knowledge base for improving others involved in providing such services to ‘‘(G) Advancing knowledge about the co- results for children with disabilities. children with disabilities; and ordination of education with health and so- ‘‘(B) Such knowledge should be used by ‘‘(B) educational results for children with cial services. States and local educational agencies to de- disabilities; ‘‘(H) Producing information on the long- sign and implement state-of-the-art edu- ‘‘(2) to address the special needs of pre- term impact of early intervention and edu- cational systems that consider the needs of, school-aged children and infants and toddlers cation on results for individuals with disabil- and include, children with disabilities, espe- with disabilities, including infants and tod- ities through large-scale longitudinal stud- cially in environments in which they can dlers who would be at risk of having substan- ies. learn along with their peers and achieve re- tial developmental delays if early interven- ‘‘(c) INTEGRATION OF RESEARCH AND PRAC- sults measured by the same standards as the tion services were not provided to them; TICE; AUTHORIZED ACTIVITIES.— results of their peers. ‘‘(3) to address the specific problems of ‘‘(1) IN GENERAL.—In carrying out this sec- ‘‘(3)(A) Continued Federal support is essen- over-identification and under-identification tion, the Secretary shall support activities, tial for the development and maintenance of of children with disabilities; consistent with the objectives described in a coordinated and high-quality program of ‘‘(4) to develop and implement effective subsection (a), that integrate research and research, demonstration projects, dissemina- strategies for addressing inappropriate be- practice, including activities that support tion of information, and personnel prepara- havior of students with disabilities in State systemic-change and local capacity- tion. schools, including strategies to prevent chil- building and improvement efforts. ‘‘(B) Such support— dren with emotional and behavioral prob- ‘‘(2) AUTHORIZED ACTIVITIES.—Activities ‘‘(i) enables State educational agencies and lems from developing emotional disturb- that may be carried out under this sub- local educational agencies to improve their ances that require the provision of special section include activities such as the follow- educational systems and results for children education and related services; ing: with disabilities; ‘‘(5) to improve secondary and postsecond- ‘‘(A) Model demonstration projects to ‘‘(ii) enables State and local agencies to ary education and transitional services for apply and test research findings in typical improve early intervention services and re- children with disabilities; and service settings to determine the usability, sults for infants and toddlers with disabil- ‘‘(6) to address the range of special edu- effectiveness, and general applicability of ities and their families; and cation, related services, and early interven- such research findings in such areas as im- ‘‘(iii) enhances the opportunities for gen- tion needs of children with disabilities who proving instructional methods, curricula, eral and special education personnel, related need significant levels of support to maxi- and tools, such as textbooks and media. services personnel, parents, and paraprofes- mize their participation and learning in ‘‘(B) Demonstrating and applying research- sionals to participate in pre-service and in- school and in the community. based findings to facilitate systemic service training, to collaborate, and to im- ‘‘(b) NEW KNOWLEDGE PRODUCTION; AUTHOR- changes, related to the provision of services prove results for children with disabilities IZED ACTIVITIES.— to children with disabilities, in policy, proce- and their families. ‘‘(1) IN GENERAL.—In carrying out this sec- dure, practice, and the training and use of ‘‘(4) The Federal Government plays a criti- tion, the Secretary shall support activities, personnel. cal role in facilitating the availability of an consistent with the objectives described in ‘‘(C) Promoting and demonstrating the co- adequate number of qualified personnel— subsection (a), that lead to the production of ordination of early intervention and edu- ‘‘(A) to serve effectively the over 5,000,000 new knowledge. cational services for children with disabil- children with disabilities; ‘‘(2) AUTHORIZED ACTIVITIES.—Activities ities with services provided by health, reha- ‘‘(B) to assume leadership positions in ad- that may be carried out under this sub- bilitation, and social service agencies. ministrative and direct-service capacities re- section include activities such as the follow- ‘‘(D) Identifying and disseminating solu- lated to teacher training and research con- ing: tions that overcome systemic barriers to the cerning the provision of early intervention ‘‘(A) Expanding understanding of the rela- effective and efficient delivery of early inter- services, special education, and related serv- tionships between learning characteristics of vention, educational, and transitional serv- ices; and children with disabilities and the diverse ices to children with disabilities. ‘‘(C) to work with children with low-inci- ethnic, cultural, linguistic, social, and eco- ‘‘(d) IMPROVING THE USE OF PROFESSIONAL dence disabilities and their families. nomic backgrounds of children with disabil- KNOWLEDGE; AUTHORIZED ACTIVITIES.— ‘‘(5) The Federal Government performs the ities and their families. ‘‘(1) IN GENERAL.—In carrying out this sec- role described in paragraph (4)— ‘‘(B) Developing or identifying innovative, tion, the Secretary shall support activities, ‘‘(A) by supporting models of personnel de- effective, and efficient curricula designs, in- consistent with the objectives described in velopment that reflect successful practice, structional approaches, and strategies, and subsection (a), that improve the use of pro- including strategies for recruiting, prepar- developing or identifying positive academic fessional knowledge, including activities ing, and retaining personnel; and social learning opportunities, that— that support State systemic-change and H2526 CONGRESSIONAL RECORD — HOUSE May 13, 1997 local capacity-building and improvement ef- the objectives set out in their individualized section include activities such as the follow- forts. education programs described in section ing: ‘‘(2) AUTHORIZED ACTIVITIES.—Activities 614(d), or to assist infants and toddlers with ‘‘(A) Developing and demonstrating effec- that may be carried out under this sub- disabilities to achieve the outcomes de- tive and efficient practices for preparing per- section include activities such as the follow- scribed in their individualized family service sonnel to provide services to children with ing: plans described in section 636. disabilities, including practices that address ‘‘(A) Synthesizing useful research and ‘‘(B) Providing personnel from various dis- any needs identified in the State’s improve- other information relating to the provision ciplines with interdisciplinary training that ment plan under part C; of services to children with disabilities, in- will contribute to improvement in early ‘‘(B) Demonstrating the application of sig- cluding effective practices. intervention, educational, and transitional nificant knowledge derived from research ‘‘(B) Analyzing professional knowledge results for children with disabilities. and other sources in the development of pro- bases to advance an understanding of the re- ‘‘(C) Preparing personnel in the innovative grams to prepare personnel to provide serv- lationships, and the effectiveness of prac- uses and application of technology to en- ices to children with disabilities. tices, relating to the provision of services to hance learning by children with disabilities ‘‘(C) Demonstrating models for the prepa- children with disabilities. through early intervention, educational, and ration of, and interdisciplinary training of, ‘‘(C) Ensuring that research and related transitional services. early intervention, special education, and products are in appropriate formats for dis- ‘‘(D) Preparing personnel who provide serv- general education personnel, to enable the tribution to teachers, parents, and individ- ices to visually impaired or blind children to personnel— uals with disabilities. teach and use Braille in the provision of ‘‘(i) to acquire the collaboration skills nec- ‘‘(D) Enabling professionals, parents of services to such children. essary to work within teams to assist chil- children with disabilities, and other persons, ‘‘(E) Preparing personnel to be qualified dren with disabilities; and to learn about, and implement, the findings educational interpreters, to assist children ‘‘(ii) to achieve results that meet challeng- of research, and successful practices devel- with disabilities, particularly deaf and hard- ing standards, particularly within the gen- oped in model demonstration projects, relat- of-hearing children in school and school-re- eral education curriculum. ing to the provision of services to children lated activities and deaf and hard-of-hearing ‘‘(D) Demonstrating models that reduce with disabilities. infants and toddlers and preschool children shortages of teachers, and personnel from ‘‘(E) Conducting outreach, and disseminat- in early intervention and preschool pro- other relevant disciplines, who serve chil- ing information relating to successful ap- grams. dren with disabilities, through reciprocity proaches to overcoming systemic barriers to ‘‘(F) Preparing personnel who provide serv- arrangements between States that are relat- the effective and efficient delivery of early ices to children with significant cognitive ed to licensure and certification. intervention, educational, and transitional disabilities and children with multiple dis- ‘‘(E) Developing, evaluating, and dissemi- services, to personnel who provide services abilities. nating model teaching standards for persons to children with disabilities. ‘‘(3) DEFINITION.—As used in this section, working with children with disabilities. ‘‘(e) BALANCE AMONG ACTIVITIES AND AGE the term ‘low-incidence disability’ means— ‘‘(F) Promoting the transferability, across ‘‘(A) a visual or hearing impairment, or si- RANGES.—In carrying out this section, the State and local jurisdictions, of licensure multaneous visual and hearing impairments; Secretary shall ensure that there is an ap- and certification of teachers and administra- ‘‘(B) a significant cognitive impairment; or propriate balance— tors working with such children. ‘‘(C) any impairment for which a small ‘‘(1) among knowledge production, integra- ‘‘(G) Developing and disseminating models number of personnel with highly specialized tion of research and practice, and use of pro- that prepare teachers with strategies, in- skills and knowledge are needed in order for fessional knowledge; and cluding behavioral interventions, for ad- children with that impairment to receive ‘‘(2) across all age ranges of children with dressing the conduct of children with disabil- early intervention services or a free appro- disabilities. ities that impedes their learning and that of priate public education. ‘‘(f) APPLICATIONS.—An eligible entity that others in the classroom. ‘‘(4) SELECTION OF RECIPIENTS.—In selecting wishes to receive a grant, or enter into a ‘‘(H) Institutes that provide professional recipients under this subsection, the Sec- contract or cooperative agreement, under development that addresses the needs of chil- retary may give preference to applications this section shall submit an application to dren with disabilities to teachers or teams of that propose to prepare personnel in more the Secretary at such time, in such manner, teachers, and where appropriate, to school than one low-incidence disability, such as and containing such information as the Sec- board members, administrators, principals, deafness and blindness. retary may require. pupil-service personnel, and other staff from ‘‘(5) PREPARATION IN USE OF BRAILLE.—The ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— individual schools. Secretary shall ensure that all recipients of There are authorized to be appropriated to ‘‘(I) Projects to improve the ability of gen- carry out this section such sums as may be assistance under this subsection who will use eral education teachers, principals, and necessary for each of the fiscal years 1998 that assistance to prepare personnel to pro- other administrators to meet the needs of through 2002. vide services to visually impaired or blind children with disabilities. children that can appropriately be provided ‘‘SEC. 673. PERSONNEL PREPARATION TO IM- ‘‘(J) Developing, evaluating, and dissemi- PROVE SERVICES AND RESULTS FOR in Braille will prepare those individuals to nating innovative models for the recruit- CHILDREN WITH DISABILITIES. provide those services in Braille. ment, induction, retention, and assessment ‘‘(a) IN GENERAL.—The Secretary shall, on ‘‘(c) LEADERSHIP PREPARATION; AUTHORIZED of new, qualified teachers, especially from a competitive basis, make grants to, or enter ACTIVITIES.— groups that are underrepresented in the into contracts or cooperative agreements ‘‘(1) IN GENERAL.—In carrying out this sec- with, eligible entities— tion, the Secretary shall support leadership teaching profession, including individuals ‘‘(1) to help address State-identified needs preparation activities that are consistent with disabilities. for qualified personnel in special education, with the objectives described in subsection ‘‘(K) Supporting institutions of higher edu- related services, early intervention, and reg- (a). cation with minority enrollments of at least 25 percent for the purpose of preparing per- ular education, to work with children with ‘‘(2) AUTHORIZED ACTIVITIES.—Activities disabilities; and that may be carried out under this sub- sonnel to work with children with disabil- ‘‘(2) to ensure that those personnel have section include activities such as the follow- ities. the skills and knowledge, derived from prac- ing: ‘‘(e) HIGH-INCIDENCE DISABILITIES; AUTHOR- tices that have been determined, through re- ‘‘(A) Preparing personnel at the advanced IZED ACTIVITIES.— search and experience, to be successful, that graduate, doctoral, and postdoctoral levels of ‘‘(1) IN GENERAL.—In carrying out this sec- are needed to serve those children. training to administer, enhance, or provide tion, the Secretary shall support activities, ‘‘(b) LOW-INCIDENCE DISABILITIES; AUTHOR- services for children with disabilities. consistent with the objectives described in IZED ACTIVITIES.— ‘‘(B) Providing interdisciplinary training subsection (a), to benefit children with high- ‘‘(1) IN GENERAL.—In carrying out this sec- for various types of leadership personnel, in- incidence disabilities, such as children with tion, the Secretary shall support activities, cluding teacher preparation faculty, admin- specific learning disabilities, speech or lan- consistent with the objectives described in istrators, researchers, supervisors, prin- guage impairment, or mental retardation. subsection (a), that benefit children with cipals, and other persons whose work affects ‘‘(2) AUTHORIZED ACTIVITIES.—Activities low-incidence disabilities. early intervention, educational, and transi- that may be carried out under this sub- ‘‘(2) AUTHORIZED ACTIVITIES.—Activities tional services for children with disabilities. section include the following: that may be carried out under this sub- ‘‘(d) PROJECTS OF NATIONAL SIGNIFICANCE; ‘‘(A) Activities undertaken by institutions section include activities such as the follow- AUTHORIZED ACTIVITIES.— of higher education, local educational agen- ing: ‘‘(1) IN GENERAL.—In carrying out this sec- cies, and other local entities— ‘‘(A) Preparing persons who— tion, the Secretary shall support activities, ‘‘(i) to improve and reform their existing ‘‘(i) have prior training in educational and consistent with the objectives described in programs to prepare teachers and related other related service fields; and subsection (a), that are of national signifi- services personnel— ‘‘(ii) are studying to obtain degrees, cer- cance and have broad applicability. ‘‘(I) to meet the diverse needs of children tificates, or licensure that will enable them ‘‘(2) AUTHORIZED ACTIVITIES.—Activities with disabilities for early intervention, edu- to assist children with disabilities to achieve that may be carried out under this sub- cational, and transitional services; and May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2527 ‘‘(II) to work collaboratively in regular ‘‘(B) give preference to institutions of ‘‘(D) measure educational and transitional classroom settings; and higher education that are successfully re- services and results of children with disabil- ‘‘(ii) to incorporate best practices and re- cruiting and preparing individuals with dis- ities under this Act, including longitudinal search-based knowledge about preparing per- abilities and individuals from groups that studies that— sonnel so they will have the knowledge and are underrepresented in the profession for ‘‘(i) examine educational and transitional skills to improve educational results for which they are preparing individuals. services and results for children with disabil- children with disabilities. ‘‘(h) SERVICE OBLIGATION.— ities who are 3 through 17 years of age and ‘‘(B) Activities incorporating innovative ‘‘(1) IN GENERAL.—Each application for are receiving special education and related strategies to recruit and prepare teachers funds under subsections (b) and (e), and to services under this Act, using a national, and other personnel to meet the needs of the extent appropriate subsection (d), shall representative sample of distinct age cohorts areas in which there are acute and persistent include an assurance that the applicant will and disability categories; and shortages of personnel. ensure that individuals who receive a schol- ‘‘(ii) examine educational results, post- ‘‘(C) Developing career opportunities for arship under the proposed project will subse- secondary placement, and employment sta- paraprofessionals to receive training as spe- quently provide special education and relat- tus of individuals with disabilities, 18 cial education teachers, related services per- ed services to children with disabilities for a through 21 years of age, who are receiving or sonnel, and early intervention personnel, in- period of 2 years for every year for which as- have received special education and related cluding interdisciplinary training to enable sistance was received or repay all or part of services under this Act; and them to improve early intervention, edu- the cost of that assistance, in accordance ‘‘(E) identify and report on the placement cational, and transitional results for chil- with regulations issued by the Secretary. of children with disabilities by disability dren with disabilities. ‘‘(2) LEADERSHIP PREPARATION.—Each ap- category. ‘‘(f) APPLICATIONS.— plication for funds under subsection (c) shall ‘‘(1) IN GENERAL.—Any eligible entity that include an assurance that the applicant will ‘‘(b) NATIONAL ASSESSMENT.— wishes to receive a grant, or enter into a ensure that individuals who receive a schol- ‘‘(1) IN GENERAL.—The Secretary shall contract or cooperative agreement, under arship under the proposed project will subse- carry out a national assessment of activities this section shall submit an application to quently perform work related to their prepa- carried out with Federal funds under this the Secretary at such time, in such manner, ration for a period of 2 years for every year Act in order— and containing such information as the Sec- for which assistance was received or repay ‘‘(A) to determine the effectiveness of this retary may require. all or part of such costs, in accordance with Act in achieving its purposes; ‘‘(2) IDENTIFIED STATE NEEDS.— regulations issued by the Secretary. ‘‘(B) to provide information to the Presi- ‘‘(A) REQUIREMENT TO ADDRESS IDENTIFIED ‘‘(i) SCHOLARSHIPS.—The Secretary may in- dent, the Congress, the States, local edu- NEEDS.—Any application under subsection clude funds for scholarships, with necessary cational agencies, and the public on how to (b), (c), or (e) shall include information dem- stipends and allowances, in awards under implement the Act more effectively; and onstrating to the satisfaction of the Sec- subsections (b), (c), (d), and (e). ‘‘(C) to provide the President and the Con- retary that the activities described in the ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— gress with information that will be useful in application will address needs identified by There are authorized to be appropriated to developing legislation to achieve the pur- the State or States the applicant proposes to carry out this section such sums as may be poses of this Act more effectively. serve. necessary for each of the fiscal years 1998 ‘‘(2) CONSULTATION.—The Secretary shall ‘‘(B) COOPERATION WITH STATE EDUCATIONAL through 2002. plan, review, and conduct the national as- AGENCIES.—Any applicant that is not a local ‘‘SEC. 674. STUDIES AND EVALUATIONS. sessment under this subsection in consulta- educational agency or a State educational tion with researchers, State practitioners, agency shall include information dem- ‘‘(a) STUDIES AND EVALUATIONS.— local practitioners, parents of children with onstrating to the satisfaction of the Sec- ‘‘(1) IN GENERAL.—The Secretary shall, di- disabilities, individuals with disabilities, and retary that the applicant and one or more rectly or through grants, contracts, or coop- other appropriate individuals. State educational agencies have engaged in a erative agreements, assess the progress in ‘‘(3) SCOPE OF ASSESSMENT.—The national cooperative effort to plan the project to the implementation of this Act, including which the application pertains, and will co- the effectiveness of State and local efforts to assessment shall examine how well schools, operate in carrying out and monitoring the provide— local educational agencies, States, other re- project. ‘‘(A) a free appropriate public education to cipients of assistance under this Act, and the Secretary are achieving the purposes of this ‘‘(3) ACCEPTANCE BY STATES OF PERSONNEL children with disabilities; and Act, including— PREPARATION REQUIREMENTS.—The Secretary ‘‘(B) early intervention services to infants may require applicants to provide letters and toddlers with disabilities and infants and ‘‘(A) improving the performance of chil- from one or more States stating that the toddlers who would be at risk of having sub- dren with disabilities in general scholastic States— stantial developmental delays if early inter- activities and assessments as compared to ‘‘(A) intend to accept successful comple- vention services were not provided to them. nondisabled children; tion of the proposed personnel preparation ‘‘(2) AUTHORIZED ACTIVITIES.—In carrying ‘‘(B) providing for the participation of chil- program as meeting State personnel stand- out this subsection, the Secretary may sup- dren with disabilities in the general curricu- ards for serving children with disabilities or port studies, evaluations, and assessments, lum; serving infants and toddlers with disabil- including studies that— ‘‘(C) helping children with disabilities ities; and ‘‘(A) analyze measurable impact, out- make successful transitions from— ‘‘(B) need personnel in the area or areas in comes, and results achieved by State edu- ‘‘(i) early intervention services to pre- which the applicant proposes to provide cational agencies and local educational school education; preparation, as identified in the States’ com- agencies through their activities to reform ‘‘(ii) preschool education to elementary prehensive systems of personnel develop- policies, procedures, and practices designed school; and ment under parts B and C. to improve educational and transitional ‘‘(iii) secondary school to adult life; ‘‘(g) SELECTION OF RECIPIENTS.— services and results for children with disabil- ‘‘(D) placing and serving children with dis- ‘‘(1) IMPACT OF PROJECT.—In selecting re- ities; abilities, including minority children, in the cipients under this section, the Secretary ‘‘(B) analyze State and local needs for pro- least restrictive environment appropriate; may consider the impact of the project pro- fessional development, parent training, and ‘‘(E) preventing children with disabilities, posed in the application in meeting the need other appropriate activities that can reduce especially children with emotional disturb- for personnel identified by the States. the need for disciplinary actions involving ances and specific learning disabilities, from ‘‘(2) REQUIREMENT ON APPLICANTS TO MEET children with disabilities; dropping out of school; STATE AND PROFESSIONAL STANDARDS.—The ‘‘(C) assess educational and transitional ‘‘(F) addressing behavioral problems of Secretary shall make grants under this sec- services and results for children with disabil- children with disabilities as compared to tion only to eligible applicants that meet ities from minority backgrounds, including— nondisabled children; State and professionally-recognized stand- ‘‘(i) data on— ‘‘(G) coordinating services provided under ards for the preparation of special education ‘‘(I) the number of minority children who this Act with each other, with other edu- and related services personnel, if the purpose are referred for special education evaluation; cational and pupil services (including pre- of the project is to assist personnel in ob- ‘‘(II) the number of minority children who school services), and with health and social taining degrees. are receiving special education and related services funded from other sources; ‘‘(3) PREFERENCES.—In selecting recipients services and their educational or other serv- ‘‘(H) providing for the participation of par- under this section, the Secretary may— ice placement; and ents of children with disabilities in the edu- ‘‘(A) give preference to institutions of ‘‘(III) the number of minority children who cation of their children; and higher education that are educating regular graduated from secondary and postsecondary ‘‘(I) resolving disagreements between edu- education personnel to meet the needs of education programs; and cation personnel and parents through activi- children with disabilities in integrated set- ‘‘(ii) the performance of children with dis- ties such as mediation. tings and educating special education per- abilities from minority backgrounds on ‘‘(4) INTERIM AND FINAL REPORTS.—The Sec- sonnel to work in collaboration with regular State assessments and other performance in- retary shall submit to the President and the educators in integrated settings; and dicators established for all students; Congress— H2528 CONGRESSIONAL RECORD — HOUSE May 13, 1997 ‘‘(A) an interim report that summarizes cational, and transitional results for chil- ‘‘(F) to promote the training of personnel— the preliminary findings of the assessment dren with disabilities; ‘‘(i) to provide such devices, tools, services, not later than October 1, 1999; and ‘‘(D) assisting such parents in the develop- and activities in a competent manner; and ‘‘(B) a final report of the findings of the as- ment of skills to participate effectively in ‘‘(ii) to assist children with disabilities and sessment not later than October 1, 2001. the education and development of their chil- their families in using such devices, tools, ‘‘(c) ANNUAL REPORT.—The Secretary shall dren and in the transitions described in sec- services, and activities; and report annually to the Congress on— tion 674(b)(3)(C); and ‘‘(G) to coordinate the provision of such de- ‘‘(1) an analysis and summary of the data ‘‘(E) supporting the roles of such parents vices, tools, services, and activities— reported by the States and the Secretary of as participants within partnerships seeking ‘‘(i) among State human services pro- the Interior under section 618; to improve early intervention, educational, grams; and ‘‘(2) the results of activities conducted and transitional services and results for chil- ‘‘(ii) between such programs and private under subsection (a); dren with disabilities and their families. agencies. ‘‘(3) the findings and determinations re- ‘‘(4) Providers of parent training and infor- ‘‘(b) PURPOSES.—The purposes of this chap- sulting from reviews of State implementa- mation activities need to ensure that such ter are to ensure that— tion of this Act. parents who have limited access to services ‘‘(1) children with disabilities, and their ‘‘(d) TECHNICAL ASSISTANCE TO LEAS.—The and supports, due to economic, cultural, or parents, receive training and information on Secretary shall provide directly, or through linguistic barriers, are provided with access their rights and protections under this Act, grants, contracts, or cooperative agree- to appropriate parent training and informa- in order to develop the skills necessary to ef- ments, technical assistance to local edu- tion activities. fectively participate in planning and deci- cational agencies to assist them in carrying ‘‘(5) Parents of children with disabilities sionmaking relating to early intervention, out local capacity-building and improvement need information that helps the parents to educational, and transitional services and in projects under section 611(f)(4) and other understand the rights and responsibilities of systemic-change activities; LEA systemic improvement activities under their children under part B. ‘‘(2) parents, teachers, administrators, this Act. ‘‘(6) The provision of coordinated technical early intervention personnel, related serv- ‘‘(e) RESERVATION FOR STUDIES AND TECH- assistance and dissemination of information ices personnel, and transition personnel re- NICAL ASSISTANCE.— to State and local agencies, institutions of ceive coordinated and accessible technical ‘‘(1) IN GENERAL.—Except as provided in higher education, and other providers of assistance and information to assist such paragraph (2) and notwithstanding any other services to children with disabilities is es- persons, through systemic-change activities provision of this Act, the Secretary may re- sential in— and other efforts, to improve early interven- serve up to one-half of one percent of the ‘‘(A) supporting the process of achieving tion, educational, and transitional services amount appropriated under parts B and C for systemic change; and results for children with disabilities and each fiscal year to carry out this section. ‘‘(B) supporting actions in areas of priority their families; ‘‘(2) MAXIMUM AMOUNT.—For the first fiscal specific to the improvement of early inter- ‘‘(3) appropriate technology and media are vention, educational, and transitional re- year in which the amount described in para- researched, developed, demonstrated, and sults for children with disabilities; graph (1) is at least $20,000,000, the maximum made available in timely and accessible for- ‘‘(C) conveying information and assistance amount the Secretary may reserve under mats to parents, teachers, and all types of that are— paragraph (1) is $20,000,000. For each subse- personnel providing services to children with ‘‘(i) based on current research (as of the quent fiscal year, the maximum amount the disabilities to support their roles as partners date the information and assistance are con- Secretary may reserve under paragraph (1) is in the improvement and implementation of veyed); $20,000,000, increased by the cumulative rate early intervention, educational, and transi- ‘‘(ii) accessible and meaningful for use in of inflation since the fiscal year described in tional services and results for children with supporting systemic-change activities of the previous sentence. disabilities and their families; State and local partnerships; and ‘‘(3) USE OF MAXIMUM AMOUNT.—In any fis- ‘‘(4) on reaching the age of majority under cal year described in paragraph (2) for which ‘‘(iii) linked directly to improving early intervention, educational, and transitional State law, children with disabilities under- the Secretary reserves the maximum amount stand their rights and responsibilities under described in that paragraph, the Secretary services and results for children with disabil- ities and their families; and part B, if the State provides for the transfer shall use at least half of the reserved amount of parental rights under section 615(m); and for activities under subsection (d). ‘‘(D) organizing systems and information networks for such information, based on ‘‘(5) the general welfare of deaf and hard- ‘‘Chapter 2—Improving Early Intervention, modern technology related to— of-hearing individuals is promoted by— Educational, and Transitional Services and ‘‘(i) storing and gaining access to informa- ‘‘(A) bringing to such individuals under- Results for Children With Disabilities tion; and standing and appreciation of the films and Through Coordinated Technical Assistance, ‘‘(ii) distributing information in a system- television programs that play an important Support, and Dissemination of Information atic manner to parents, students, profes- part in the general and cultural advance- ‘‘SEC. 681. FINDINGS AND PURPOSES. sionals, and policymakers. ment of hearing individuals; ‘‘(a) IN GENERAL.—The Congress finds as ‘‘(7) Federal support for carrying out tech- ‘‘(B) providing, through those films and follows: nology research, technology development, television programs, enriched educational ‘‘(1) National technical assistance, support, and educational media services and activi- and cultural experiences through which deaf and dissemination activities are necessary to ties has resulted in major innovations that and hard-of-hearing individuals can better ensure that parts B and C are fully imple- have significantly improved early interven- understand the realities of their environ- mented and achieve quality early interven- tion, educational, and transitional services ment; and tion, educational, and transitional results and results for children with disabilities and ‘‘(C) providing wholesome and rewarding for children with disabilities and their fami- their families. experiences that deaf and hard-of-hearing in- lies. ‘‘(8) Such Federal support is needed— dividuals may share. ‘‘(2) Parents, teachers, administrators, and ‘‘(A) to stimulate the development of soft- ‘‘SEC. 682. PARENT TRAINING AND INFORMATION related services personnel need technical as- ware, interactive learning tools, and devices CENTERS. sistance and information in a timely, coordi- to address early intervention, educational, ‘‘(a) PROGRAM AUTHORIZED.—The Secretary nated, and accessible manner in order to im- and transitional needs of children with dis- may make grants to, and enter into con- prove early intervention, educational, and abilities who have certain disabilities; tracts and cooperative agreements with, par- transitional services and results at the State ‘‘(B) to make information available on ent organizations to support parent training and local levels for children with disabilities technology research, technology develop- and information centers to carry out activi- and their families. ment, and educational media services and ties under this section. ‘‘(3) Parent training and information ac- activities to individuals involved in the pro- ‘‘(b) REQUIRED ACTIVITIES.—Each parent tivities have taken on increased importance vision of early intervention, educational, and training and information center that re- in efforts to assist parents of a child with a transitional services to children with dis- ceives assistance under this section shall— disability in dealing with the multiple pres- abilities; ‘‘(1) provide training and information that sures of rearing such a child and are of par- ‘‘(C) to promote the integration of tech- meets the training and information needs of ticular importance in— nology into curricula to improve early inter- parents of children with disabilities living in ‘‘(A) ensuring the involvement of such par- vention, educational, and transitional re- the area served by the center, particularly ents in planning and decisionmaking with re- sults for children with disabilities; underserved parents and parents of children spect to early intervention, educational, and ‘‘(D) to provide incentives for the develop- who may be inappropriately identified; transitional services; ment of technology and media devices and ‘‘(2) assist parents to understand the avail- ‘‘(B) achieving quality early intervention, tools that are not readily found or available ability of, and how to effectively use, proce- educational, and transitional results for chil- because of the small size of potential mar- dural safeguards under this Act, including dren with disabilities; kets; encouraging the use, and explaining the ben- ‘‘(C) providing such parents information on ‘‘(E) to make resources available to pay for efits, of alternative methods of dispute reso- their rights and protections under this Act such devices and tools and educational lution, such as the mediation process de- to ensure improved early intervention, edu- media services and activities; scribed in section 615(e); May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2529

‘‘(3) serve the parents of infants, toddlers, ‘‘(A) MEETINGS.—The board of directors or ‘‘(c) DEFINITION.—As used is this section, and children with the full range of disabil- special governing committee of each organi- the term ‘local parent organization’ means a ities; zation that receives an award under this sec- parent organization, as defined in section ‘‘(4) assist parents to— tion shall meet at least once in each cal- 682(g), that either— ‘‘(A) better understand the nature of their endar quarter to review the activities for ‘‘(1) has a board of directors the majority children’s disabilities and their educational which the award was made. of whom are from the community to be and developmental needs; ‘‘(B) ADVISING BOARD.—Each special gov- served; or ‘‘(B) communicate effectively with person- erning committee shall directly advise the ‘‘(2) has— nel responsible for providing special edu- organization’s governing board of its views ‘‘(A) as a part of its mission, serving the cation, early intervention, and related serv- and recommendations. interests of individuals with disabilities ices; ‘‘(2) CONTINUATION AWARD.—When an orga- from such community; and ‘‘(C) participate in decisionmaking proc- nization requests a continuation award ‘‘(B) a special governing committee to ad- esses and the development of individualized under this section, the board of directors or minister the grant, contract, or cooperative education programs under part B and indi- special governing committee shall submit to agreement, a majority of the members of vidualized family service plans under part C; the Secretary a written review of the parent which are individuals from such community. ‘‘(D) obtain appropriate information about training and information program conducted ‘‘SEC. 684. TECHNICAL ASSISTANCE FOR PARENT the range of options, programs, services, and by the organization during the preceding fis- TRAINING AND INFORMATION CEN- resources available to assist children with cal year. TERS. disabilities and their families; ‘‘(g) DEFINITION OF PARENT ORGANIZA- ‘‘(a) IN GENERAL.—The Secretary may, di- ‘‘(E) understand the provisions of this Act TION.—As used in this section, the term ‘par- rectly or through awards to eligible entities, for the education of, and the provision of ent organization’ means a private nonprofit provide technical assistance for developing, early intervention services to, children with organization (other than an institution of assisting, and coordinating parent training disabilities; and higher education) that— and information programs carried out by ‘‘(F) participate in school reform activi- ‘‘(1) has a board of directors— parent training and information centers re- ties; ‘‘(A) the majority of whom are parents of ceiving assistance under sections 682 and 683. ‘‘(b) AUTHORIZED ACTIVITIES.—The Sec- ‘‘(5) in States where the State elects to children with disabilities; retary may provide technical assistance to a contract with the parent training and infor- ‘‘(B) that includes— parent training and information center mation center, contract with State edu- ‘‘(i) individuals working in the fields of under this section in areas such as— cational agencies to provide, consistent with special education, related services, and early ‘‘(1) effective coordination of parent train- subparagraphs (B) and (D) of section 615(e)(2), intervention; and ing efforts; individuals who meet with parents to explain ‘‘(ii) individuals with disabilities; and ‘‘(2) dissemination of information; the mediation process to them; ‘‘(C) the parent and professional members ‘‘(3) evaluation by the center of itself; ‘‘(6) network with appropriate clearing- of which are broadly representative of the ‘‘(4) promotion of the use of technology, in- houses, including organizations conducting population to be served; or cluding assistive technology devices and national dissemination activities under sec- ‘‘(2) has— assistive technology services; tion 685(d), and with other national, State, ‘‘(A) a membership that represents the in- ‘‘(5) reaching underserved populations; and local organizations and agencies, such as terests of individuals with disabilities and ‘‘(6) including children with disabilities in protection and advocacy agencies, that serve has established a special governing commit- general education programs; parents and families of children with the full tee that meets the requirements of para- ‘‘(7) facilitation of transitions from— range of disabilities; and graph (1); and ‘‘(A) early intervention services to pre- ‘‘(7) annually report to the Secretary on— ‘‘(B) a memorandum of understanding be- school; ‘‘(A) the number of parents to whom it pro- tween the special governing committee and ‘‘(B) preschool to school; and vided information and training in the most the board of directors of the organization ‘‘(C) secondary school to postsecondary en- recently concluded fiscal year; and that clearly outlines the relationship be- vironments; and ‘‘(B) the effectiveness of strategies used to tween the board and the committee and the ‘‘(8) promotion of alternative methods of reach and serve parents, including under- decisionmaking responsibilities and author- dispute resolution. served parents of children with disabilities. ity of each. ‘‘(c) OPTIONAL ACTIVITIES.—A parent train- ‘‘SEC. 685. COORDINATED TECHNICAL ASSIST- ing and information center that receives as- ‘‘SEC. 683. COMMUNITY PARENT RESOURCE CEN- ANCE AND DISSEMINATION. TERS. sistance under this section may— ‘‘(a) IN GENERAL.—The Secretary shall, by ‘‘(1) provide information to teachers and ‘‘(a) IN GENERAL.—The Secretary may competitively making grants or entering other professionals who provide special edu- make grants to, and enter into contracts and into contracts and cooperative agreements cation and related services to children with cooperative agreements with, local parent with eligible entities, provide technical as- disabilities; organizations to support parent training and sistance and information, through such ‘‘(2) assist students with disabilities to un- information centers that will help ensure mechanisms as institutes, Regional Resource derstand their rights and responsibilities that underserved parents of children with Centers, clearinghouses, and programs that under section 615(m) on reaching the age of disabilities, including low-income parents, support States and local entities in building majority; and parents of children with limited English pro- capacity, to improve early intervention, edu- ‘‘(3) assist parents of children with disabil- ficiency, and parents with disabilities, have cational, and transitional services and re- ities to be informed participants in the de- the training and information they need to sults for children with disabilities and their velopment and implementation of the enable them to participate effectively in families, and address systemic-change goals State’s State improvement plan under sub- helping their children with disabilities— and priorities. part 1. ‘‘(1) to meet developmental goals and, to ‘‘(b) SYSTEMIC TECHNICAL ASSISTANCE; AU- ‘‘(d) APPLICATION REQUIREMENTS.—Each ap- the maximum extent possible, those chal- THORIZED ACTIVITIES.— plication for assistance under this section lenging standards that have been established ‘‘(1) IN GENERAL.—In carrying out this sec- shall identify with specificity the special ef- for all children; and tion, the Secretary shall carry out or sup- forts that the applicant will undertake— ‘‘(2) to be prepared to lead productive inde- port technical assistance activities, consist- ‘‘(1) to ensure that the needs for training pendent adult lives, to the maximum extent ent with the objectives described in sub- and information of underserved parents of possible. section (a), relating to systemic change. children with disabilities in the area to be ‘‘(b) REQUIRED ACTIVITIES.—Each parent ‘‘(2) AUTHORIZED ACTIVITIES.—Activities served are effectively met; and training and information center assisted that may be carried out under this sub- ‘‘(2) to work with community-based organi- under this section shall— section include activities such as the follow- zations. ‘‘(1) provide training and information that ing: ‘‘(e) DISTRIBUTION OF FUNDS.— meets the training and information needs of ‘‘(A) Assisting States, local educational ‘‘(1) IN GENERAL.—The Secretary shall parents of children with disabilities proposed agencies, and other participants in partner- make at least 1 award to a parent organiza- to be served by the grant, contract, or coop- ships established under subpart 1 with the tion in each State, unless the Secretary does erative agreement; process of planning systemic changes that not receive an application from such an or- ‘‘(2) carry out the activities required of will promote improved early intervention, ganization in each State of sufficient quality parent training and information centers educational, and transitional results for chil- to warrant approval. under paragraphs (2) through (7) of section dren with disabilities. ‘‘(2) SELECTION REQUIREMENT.—The Sec- 682(b); ‘‘(B) Promoting change through a retary shall select among applications sub- ‘‘(3) establish cooperative partnerships multistate or regional framework that bene- mitted by parent organizations in a State in with the parent training and information fits States, local educational agencies, and a manner that ensures the most effective as- centers funded under section 682; and other participants in partnerships that are sistance to parents, including parents in ‘‘(4) be designed to meet the specific needs in the process of achieving systemic-change urban and rural areas, in the State. of families who experience significant isola- outcomes. ‘‘(f) QUARTERLY REVIEW.— tion from available sources of information ‘‘(C) Increasing the depth and utility of in- ‘‘(1) REQUIREMENTS.— and support. formation in ongoing and emerging areas of H2530 CONGRESSIONAL RECORD — HOUSE May 13, 1997 priority need identified by States, local edu- cational agencies, other agency personnel, programs, videos, or educational materials cational agencies, and other participants in parents of children with disabilities, and in- through September 30, 2001; and after fiscal partnerships that are in the process of dividuals with disabilities; year 2001, providing video description, open achieving systemic-change outcomes. ‘‘(F) educational reform and systemic captioning, or closed captioning of edu- ‘‘(D) Promoting communication and infor- change within States; and cational, news, and informational television, mation exchange among States, local edu- ‘‘(G) promoting schools that are safe and videos, or materials; cational agencies, and other participants in conducive to learning. ‘‘(3) distributing captioned and described partnerships, based on the needs and con- ‘‘(3) LINKING STATES TO INFORMATION videos or educational materials through such cerns identified by the participants in the SOURCES.—In carrying out this subsection, mechanisms as a loan service; partnerships, rather than on externally im- the Secretary may support projects that link ‘‘(4) providing free educational materials, posed criteria or topics, regarding— States to technical assistance resources, in- including textbooks, in accessible media for ‘‘(i) the practices, procedures, and policies cluding special education and general edu- visually impaired and print-disabled stu- of the States, local educational agencies, and cation resources, and may make research dents in elementary, secondary, postsecond- other participants in partnerships; and and related products available through li- ary, and graduate schools; ‘‘(ii) accountability of the States, local braries, electronic networks, parent training ‘‘(5) providing cultural experiences through educational agencies, and other participants projects, and other information sources. appropriate nonprofit organizations, such as in partnerships for improved early interven- ‘‘(e) APPLICATIONS.—An eligible entity that the National Theater of the Deaf, that— tion, educational, and transitional results wishes to receive a grant, or enter into a ‘‘(A) enrich the lives of deaf and hard-of- for children with disabilities. contract or cooperative agreement, under hearing children and adults; ‘‘(c) SPECIALIZED TECHNICAL ASSISTANCE; this section shall submit an application to ‘‘(B) increase public awareness and under- AUTHORIZED ACTIVITIES.— the Secretary at such time, in such manner, standing of deafness and of the artistic and ‘‘(1) IN GENERAL.—In carrying out this sec- and containing such information as the Sec- intellectual achievements of deaf and hard- tion, the Secretary shall carry out or sup- retary may require. of-hearing persons; or port activities, consistent with the objec- ‘‘(C) promote the integration of hearing, ‘‘SEC. 686. AUTHORIZATION OF APPROPRIATIONS. tives described in subsection (a), relating to deaf, and hard-of-hearing persons through ‘‘There are authorized to be appropriated areas of priority or specific populations. shared cultural, educational, and social ex- to carry out sections 681 through 685 such ‘‘(2) AUTHORIZED ACTIVITIES.—Examples of periences; and activities that may be carried out under this sums as may be necessary for each of the fis- ‘‘(6) compiling and analyzing appropriate subsection include activities that— cal years 1998 through 2002. data relating to the activities described in ‘‘(A) focus on specific areas of high-priority ‘‘SEC. 687. TECHNOLOGY DEVELOPMENT, DEM- paragraphs (1) through (5). need that— ONSTRATION, AND UTILIZATION, ‘‘(d) APPLICATIONS.—Any eligible entity ‘‘(i) are identified by States, local edu- AND MEDIA SERVICES. that wishes to receive a grant, or enter into cational agencies, and other participants in ‘‘(a) IN GENERAL.—The Secretary shall a contract or cooperative agreement, under partnerships; competitively make grants to, and enter into this section shall submit an application to ‘‘(ii) require the development of new contracts and cooperative agreements with, the Secretary at such time, in such manner, knowledge, or the analysis and synthesis of eligible entities to support activities de- and containing such information as the Sec- substantial bodies of information not readily scribed in subsections (b) and (c). retary may require. available to the States, agencies, and other ‘‘(b) TECHNOLOGY DEVELOPMENT, DEM- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— participants in partnerships; and ONSTRATION, AND UTILIZATION; AUTHORIZED There are authorized to be appropriated to ‘‘(iii) will contribute significantly to the ACTIVITIES.— carry out this section such sums as may be improvement of early intervention, edu- ‘‘(1) IN GENERAL.—In carrying out this sec- necessary for each of the fiscal years 1998 cational, and transitional services and re- tion, the Secretary shall support activities through 2002.’’. sults for children with disabilities and their to promote the development, demonstration, TITLE II—MISCELLANEOUS PROVISIONS families; and utilization of technology. SEC. 201. EFFECTIVE DATES. ‘‘(B) focus on needs and issues that are spe- ‘‘(2) AUTHORIZED ACTIVITIES.—Activities (a) PARTS A AND B.— cific to a population of children with disabil- that may be carried out under this sub- (1) IN GENERAL.—Except as provided in ities, such as the provision of single-State section include activities such as the follow- paragraph (2), parts A and B of the Individ- and multi-State technical assistance and in- ing: uals with Disabilities Education Act, as service training— ‘‘(A) Conducting research and development amended by title I, shall take effect upon the ‘‘(i) to schools and agencies serving deaf- activities on the use of innovative and enactment of this Act. blind children and their families; and emerging technologies for children with dis- (2) EXCEPTIONS.— ‘‘(ii) to programs and agencies serving abilities. (A) IN GENERAL.—Sections 612(a)(4), other groups of children with low-incidence ‘‘(B) Promoting the demonstration and use 612(a)(14), 612(a)(16), 614(d) (except for para- disabilities and their families; or of innovative and emerging technologies for graph (6)), and 618 of the Individuals with ‘‘(C) address the postsecondary education children with disabilities by improving and Disabilities Education Act, as amended by needs of individuals who are deaf or hard of expanding the transfer of technology from title I, shall take effect on July 1, 1998. hearing. research and development to practice. (B) SECTION 617.—Section 617 of the Individ- ‘‘(d) NATIONAL INFORMATION DISSEMINATION; ‘‘(C) Providing technical assistance to re- uals with Disabilities Education Act, as AUTHORIZED ACTIVITIES.— cipients of other assistance under this sec- amended by title I, shall take effect on Octo- ‘‘(1) IN GENERAL.—In carrying out this sec- tion, concerning the development of acces- ber 1, 1997. tion, the Secretary shall carry out or sup- sible, effective, and usable products. (C) INDIVIDUALIZED EDUCATION PROGRAMS port information dissemination activities ‘‘(D) Communicating information on avail- AND COMPREHENSIVE SYSTEM OF PERSONNEL that are consistent with the objectives de- able technology and the uses of such tech- DEVELOPMENT.—Section 618 of the Individ- scribed in subsection (a), including activities nology to assist children with disabilities. uals with Disabilities Education Act, as in that address national needs for the prepara- ‘‘(E) Supporting the implementation of re- effect on the day before the date of the en- tion and dissemination of information relat- search programs on captioning or video de- actment of this Act, and the provisions of ing to eliminating barriers to systemic- scription. parts A and B of the Individuals with Dis- change and improving early intervention, ‘‘(F) Supporting research, development, abilities Education Act relating to individ- educational, and transitional results for chil- and dissemination of technology with uni- ualized education programs and the State’s dren with disabilities. versal-design features, so that the tech- comprehensive system of personnel develop- ‘‘(2) AUTHORIZED ACTIVITIES.—Examples of nology is accessible to individuals with dis- ment, as so in effect, shall remain in effect activities that may be carried out under this abilities without further modification or ad- until July 1, 1998. subsection include activities relating to— aptation. (D) SECTIONS 611 AND 619.—Sections 611 and ‘‘(A) infants and toddlers with disabilities ‘‘(G) Demonstrating the use of publicly- 619, as amended by title I, shall take effect and their families, and children with disabil- funded telecommunications systems to pro- beginning with funds appropriated for fiscal ities and their families; vide parents and teachers with information year 1998. ‘‘(B) services for populations of children and training concerning early diagnosis of, (b) PART C.—Part C of the Individuals with with low-incidence disabilities, including intervention for, and effective teaching Disabilities Education Act, as amended by deaf-blind children, and targeted age strategies for, young children with reading title I, shall take effect on July 1, 1998. groupings; disabilities. (c) PART D.— ‘‘(C) the provision of postsecondary serv- ‘‘(c) EDUCATIONAL MEDIA SERVICES; AU- (1) IN GENERAL.—Except as provided in ices to individuals with disabilities; THORIZED ACTIVITIES.—In carrying out this paragraph (2), part D of the Individuals with ‘‘(D) the need for and use of personnel to section, the Secretary shall support— Disabilities Education Act, as amended by provide services to children with disabilities, ‘‘(1) educational media activities that are title I, shall take effect on October 1, 1997. and personnel recruitment, retention, and designed to be of educational value to chil- (2) EXCEPTION.—Paragraphs (1) and (2) of preparation; dren with disabilities; section 661(g) of the Individuals with Disabil- ‘‘(E) issues that are of critical interest to ‘‘(2) providing video description, open cap- ities Education Act, as amended by title I, State educational agencies and local edu- tioning, or closed captioning of television shall take effect on January 1, 1998. May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2531 SEC. 202. TRANSITION. have flown to Washington, DC, at their tion, and I thank him for his work. In Notwithstanding any other provision of own expense to suggest changes to addition, the gentleman from Delaware law, beginning on October 1, 1997, the Sec- IDEA. In off-the-record meetings open [Mr. CASTLE] and the gentleman from retary of Education may use funds appro- priated under part D of the Individuals with to any member of the general public, South Carolina [Mr. GRAHAM] have par- Disabilities Education Act to make continu- people expressed honest views with ticipated as House Republicans. ation awards for projects that were funded candor and thought, and their voices I would like to thank my Democrat under section 618 and parts C through G of have strongly influenced the work that colleagues, the gentleman from Mis- such Act (as in effect on September 30, 1997). makes up the bill. souri, Mr. CLAY, the gentleman from SEC. 203. REPEALERS. The change in the IDEA amendments California, Mr. MARTINEZ, the gen- (a) PART I.—Effective October 1, 1998, part will have positive impacts in the lives tleman from California, Mr. MILLER, I of the Individuals with Disabilities Edu- of millions of students with disabil- and the gentleman from Virginia, Mr. cation Act is hereby repealed. ities. There will be an emphasis on SCOTT, who worked with us in this (b) PART H.—Effective July 1, 1998, part H of such Act is hereby repealed. what works, instead of filling out pa- process, and our Senate colleagues, Ma- (c) PARTS C, E, F, AND G.—Effective Octo- perwork. These changes will mean jority Leader LOTT and Senators JEF- ber 1, 1997, parts C, E, F, and G of such Act more time for teachers to dedicate to FORDS, COATS, KENNEDY, and HARKIN. are hereby repealed. their students, and fewer resources The Department of Education, and its The SPEAKER pro tempore. Pursu- wasted on process. The bill will assure staff, particularly Assistant Secretary ant to the rule, the gentleman from parents’ ability to participate in key Judy Heumann, are to be thanked as Pennsylvania [Mr. GOODLING] and the decisionmaking meetings about their well. gentleman from Missouri [Mr. CLAY] children’s education. It ensures that Our congressional staffs have spent each will control 20 minutes. States will offer mediation service to hours and hours and hours, and I want The Chair recognizes the gentleman resolve disputes, and will reform the to thank all on both sides of the aisle. from Pennsylvania [Mr. GOODLING]. litigation system that too often im- I particularly want to recognize Todd Mr. GOODLING. Mr. Speaker, I yield pedes children’s education instead of Jones, who, as I said the other day, can myself 4 minutes. giving them access to education. probably recite any line in this legisla- Mr. Speaker, today the House of Rep- Local principals and school adminis- tion. All you have to do is ask him, and resentatives considers H.R. 5, the Indi- trators will be given more flexibility. he will tell you the page and probably viduals with Disabilities Education Act The bill includes a provision that will the line. I thank all for this historic Amendments of 1997. This bill is the give local schools tremendous relief day. culmination of over 2 years of work by from IDEA funding mandates, which I Mr. Speaker, I include for the the Committee on Education and the might indicate came from the Federal RECORD the following letters regarding Workforce. Government, by giving schools the the legislation. Republicans believe that there is flexibility to actually reduce their own The letters referred to are as follows: nothing more important to the future IDEA funding levels. This is an action AMERICA ASSOCIATION OF SCHOOL of our country than providing the op- unprecedented in Federal law. ADMINISTRATORS, portunity for a high-quality education The bill also ensures that local Arlington, VA, May 5, 1997. for all Americans. We believe this can schools receive more Federal funds by Hon. WILLIAM F. GOODLING, be achieved by working together to capping State administrative costs at House Education and the Workforce Committee build on what works, improving basic current dollar levels, to ensure that 90 2181 Rayburn House Office Building, academics, increasing parental involve- to 98 percent of appropriations in- Washington, DC DEAR CHAIRMAN GOODLING: The American ment, and moving dollars to the class- creases will go to local schools. The Association of School Administrators room. bill will make schools safer for all stu- (AASA) would like to thank you for the won- In my view, H.R. 5 represents a sig- dents, disabled and nondisabled, and derful manner in which you guided the reau- nificant step in that direction. H.R. 5 for their teachers. thorization of the Individuals with Disabil- focuses the act on children’s education The bill codifies existing authority to ities Education Act through difficult nego- instead of process and bureaucracy. suspend a student for 10 days without tiations. AASA is in full support of the IDEA This legislation has taken a unique educational services, and expands upon as reported by the House and Senate working path toward enactment, and I am current procedures for students with group. Your plan of creating one set of nego- tiations worked better than any of us could proud to have led it to where it stands firearms. We will enable schools to ever have predicted. today. quickly remove students who bring Local superintendents have been particu- Earlier this year, Chairman JEF- weapons or drugs to school, regardless larly alarmed by the fact that local school FORDS, the gentleman from California, of their disability status. districts were bearing the entire brunt of Mr. RIGGS, and I decided to establish a The legislation will also ensure that paying for IDEA as costs escalated over the bipartisan, bicameral negotiating proc- disability status will not affect the last ten years. Paying for IDEA required not ess to develop a consensus bill accept- school’s general disciplinary proce- one single legislative fix, but a combination able to all Members of Congress. In dures where appropriate. Where a of changes that included: large increases in child’s actions are not a manifestation federal funds; driving a greater share of February we proposed this idea to our those funds to schools; creating fairer expec- Democrat counterparts and to the ad- of his or her disability, schools will tations for state and local sharing of IDEA ministration. need to take the same action with dis- costs; forced cost sharing of related service As part of this process, we proposed abled children as they would with any with other local and state agencies; and cut- to invite members of the interested child. ting costs of IDEA without hurting children. public to participate in the develop- Finally, I would like to talk about We are pleased that you addressed all of our ment of the legislation, including edu- the Federal funding formula. This is a concerns regarding the costs of IDEA. cators, parents, and disability advo- major step in the move to reduce the As with most legislation, there is consider- cates. Our House and Senate Democrat overidentification of children as dis- able give and take and no one can be pleased with every single provision of the bill. How- colleagues accepted our offer, as did abled, particularly African-American ever, because H.R. 5 puts children first we the Department of Education, and for males who have been pushed into the can support it. Children with disabilities are the last 3 months we have worked to special education system in dispropor- the clear victors in this bill because the pro- create that consensus legislation. tionate numbers. gram is simpler and better connected to This process was truly historic. I Changes to IDEA in this bill have schools in general, especially where children never saw this happen in the 20 years garnered broad support and praise from are directly affected, such as evaluations, in- that I have been here. The discussions educators and disability groups. Before struction, and related services. All children were an open public dialog on the con- closing, I would like to particularly are winners because students who bring thank several of my colleagues who weapons or drugs to school are easier to re- tent of legislation, right down to every move to alternative settings, as would hap- line of text that we will pass today. have worked on this historic markup. pen to any student in a similar situation. During weekly sessions since mid- The subcommittee chairman, the gen- Make no mistake, IDEA is still a com- March, educators, parents, and other tleman from California [Mr. RIGGS], plicated program to administer. Involving professionals from around the country has worked many hours on the legisla- parents and other agencies (such as health H2532 CONGRESSIONAL RECORD — HOUSE May 13, 1997 care) in planning and service delivery may We believe that H.R. 5, the IDEA Reauthor- pears balanced, fair, workable, and not over- be a challenge, but the bill shifts these com- ization, makes significant progress over cur- ly prescriptive—an improvement of the cur- plications away from educators who are al- rent law, while retaining the critical protec- rent law. Some costly requirements have ready over burdened with paperwork. tions and directions of this landmark federal been removed or modified, such as inter- We thank you for your leadership in statute. H.R. 5 deserves expeditious passage agency state maintenance. These revisions crafting a bill that addresses the cost con- by the 105th Congress without substantial should result in improved services for dis- cerns of superintendents, simplifies the proc- change. abled children and a more manageable spe- ess for children, and eliminates some paper- Sincerely, cial education program in general. work for educators. This is a remarkable ac- MICHAEL CASSERLY, Executive Director. complishment. We respectfully request that the proposed Sincerely, BOARD OF EDUCATION OF THE CITY OF IDEA reauthorization be moved expedi- BRUCE HUNTER, NEW YORK, tiously through the legislative process with- Senior Associate Executive Director. Brooklyn, NY, May 6, 1997. out changing the substantive provisions that Hon. WILLIAM GOODLING, have produced a balanced bill. NATIONAL ASSOCIATION OF ELEMENTARY Chairman, Committee on Education and the Sincerely, SCHOOL PRINCIPALS, Workforce, House of Representatives, Wash- RONALD PRESCOTT, Alexandria, VA, May 6, 1997. ington, DC. Associate Superintendent. DEAR REPRESENTATIVE: DEAR MR. CHAIRMAN: I am writing in sup- The National Association of Elementary port of H.R. 5, the IDEA Reauthorization CHICAGO PUBLIC SCHOOLS, School Principals (NAESP), representing bill, based on the drafts and explanations Chicago, IL, May 5, 1997. 27,000 elementary and middle school prin- that we have received to date. Hon. WILLIAM GOODLING, cipals, urges your support of the Individuals The provision of special education services Chairman, Committee on Education and the With Disabilities Act (IDEA) reauthorization and programs to all eligible students has be- Workforce, House of Representatives, Wash- bill when it comes before the Education and come one of the biggest challenges facing ington, DC. the Workforce Committee for a mark-up on school districts today, especially large urban Wednesday, May 7. While the bill does not school districts. Although significant DEAR MR. CHAIRMAN: As Chief Executive make all the changes NAESP has sought, it progress has been made in providing a free Officer of the Chicago Public Schools, I am represents a reasonable compromise that and appropriate education to all disabled writing to voice my strong support of H.R. 5, will help to update the IDEA. students, the New York City school district, the IDEA Reauthorization bill. Based on the We appreciate the expansion of the dis- as well as school systems across the nation, drafts and explanations which I have re- cipline provisions to enhance the power of continues to struggle with the following is- ceived to date, the bill contains significant principals to take quick action to make sues: improvements over the current Federal spe- schools safe for all students. We are also A virtual absence of support services in cial education law. pleased that the draft reauthorization bill general education which precludes the provi- The work product of the IDEA Working makes some reasonable changes in the attor- sion of prevention/intervention services. neys’ fees provision and encourages the use An excess of students being inappropri- Group provides a number of changes to the of mediation to solve disputes between fami- ately referred to special education services current law that would enable our staff to lies and school personnel. The provision sub- when service should be provided in general spend a greater period of time on direct serv- jecting U.S. Department of Education policy education. ices to children. Although suggestions could letters to public review and comment is a A focus on compliance-driven model with be given for any draft of legislation, the bill welcome one. Finally, we are very pleased little attention to student achievement. appears to be balanced and fair. Several cost- that the bill has no provision allowing for A systematic provision of special edu- ly requirements have been removed or modi- the cessation of educational services. cation services in separate classes. fied from current law, such as relief in the NAESP congratulates the leaders in both The need to reduce inappropriate and dis- area of attorney fees and reimbursement of chambers, the committee and subcommittee proportionate referrals and placement of mi- unilateral placements by parents. These re- chairmen and ranking members, and IDEA nority and LEP students in special edu- visions should result in improvement of serv- staff working group on the prodigious work cation. ices for students with disabilities and a more on an issue that elicits strong emotions on Based on our analysis of the working manageable special education services in all sides. We hope the legislation will pro- drafts, I believe that this bill goes a long general. ceed smoothly through action in committee way toward addressing many of these issues. I urge you to expeditiously move this and on the House and Senate floors and be Although in any sizable draft legislation, readily enacted into law. there will be areas of concern and disagree- IDEA Reauthorization through the legisla- Sincerely, ment, the bill overall appears to be balanced tive process without changing the sub- stantive provisions which have produced this SALLY N. MCCONNELL, and fair. Some costly requirements have Director of Government Relations. been removed or modified from current law, balanced bill. This letter is being sent to members of the and some of the financial burdens now shoul- Sincerely, Committee on Education and the Workforce. dered by local school districts appear to have PAUL VALLAS, been relieved. These revisions should result Chief Executive Officer. COUNCIL OF THE GREAT CITY SCHOOLS, in improvement of services for disabled chil- Washington, DC, May 5, 1997. dren and a more manageable special edu- THE SCHOOL DISTRICT OF PHILADELPHIA, Hon. WILLIAM GOODLING, cation program in general. Philadelphia, PA, May 5, 1997. Chairman, Committee on Education and the For the foregoing reasons, I urge you to Hon. WILLIAM GOODLING, Workforce, House of Representatives, Wash- move expeditiously H.R. 5 through the legis- Chairman, Committee on Education and the ington, DC. lative process without changing the sub- Workforce, House of Representatives, Wash- DEAR MR. CHAIRMAN: The Council of the stantive provisions which have produced this ington, DC. Great City Schools, a coalition of the na- balanced bill. tion’s largest central city school districts, Sincerely yours, DEAR MR. CHAIRMAN: Our participation in writes to support H.R. 5, the IDEA Reauthor- RUDOLPH F. CREW, Chancellor. discussions, sponsored by the Council of the ization bill, based on the drafts and expla- Great City Schools on the reauthorization of nations which we have received to date. The LOS ANGELES UNIFIED SCHOOL DISTRICT, IDEA, has led us to include that the bill rep- Council’s fifty urban schools districts rep- Los Angeles, CA, May 6, 1997. resents a step forward in service for children resent a major segment of the national pub- Hon. WILLIAM GOODLING, with special needs. We recommend adoption lic education system, enrolling six and a half Chair, Committee on Education and the of the present IDEA reauthorization. million children, over 35% of the nation’s Workforce, House of Representatives, Wash- We have expressed our suggestions through poor children, 40% of the nation’s minority ington, DC. the Council of the Great City Schools, for children, and nearly 3⁄4 million disabled chil- DEAR CONGRESSMAN GOODLING: The Los An- certain clarifications in wording as well as dren in 8000 schools with 300,000 teachers. geles Unified School District supports H.R. 5, potential issues regarding over regulation. From the outset of your IDEA legislative the Individuals with Disabilities Education Despite these reservations, we do believe effort back in 1995, the Council called for a Act (IDEA) reauthorization bill, based on the that this legislation, particularly its modi- balance bill which would make significant drafts and explanations that we have re- fication of financial assignments, will help progress in delivering effective services to ceived to date. us to better serve the school children of disabled school children and relieve some of Together with representatives of a number Philadelphia. the costs, requirements, and financial bur- of other large school districts across the dens placed upon local school districts. Al- country, our staff went to Washington for We recommend your full support to bring though some issues of importance to the two days last week to review the product of the presently drafted IDEA reauthorization Council might have been addressed more the IDEA working group. Although in any to law. fully, the Council’s overall conclusion re- sizable legislative draft, there may be issues Sincerely, garding the bill is distinctly positive. that produce concern, the bill overall ap- DAVID W. HORNBECK, Superintendent. May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2533

BOSTON PUBLIC SCHOOLS, thorizing the Individuals with Disabilities MAY 6, 1997. Boston, MA, May 6, 1997. Education Act (IDEA). The consensus proc- Congressman WILLIAM F. GOODLING, Hon. WILLIAM GOODLING, ess initiated last year under your leadership Chairman, Committee on Education and the Chairman, Committee on Education and the has now culminated in a bill with bipartisan, Workforce, U.S. House of Representatives, Workforce, House of Representatives, Wash- bicameral support. You and your staffs con- Rayburn Building, Washington, DC. ington, DC. tinued involvement and hard work to DEAR MR. GOODLING: I am writing to com- DEAR MR. CHAIRMAN: As Superintendent of achieve agreement on the IDEA reauthoriza- mend you and to express my gratitude to the Boston Public School District, I write to tion are very much appreciated. you, particularly you, but also to your col- support H.R. 5, the IDEA Reauthorization The proposed bill, circulated by the IDEA leagues in the House of Representatives and bill, based on the drafts and explanations Working Group on May 2, contains a number the Senate, for the courage you have exhib- which we have received to date. of important provisions that will improve ited in creating the Individual With Disabil- Together with a number of other major educational outcomes for students, strength- ities Education Act (IDEA) Working Group school districts across the country, our staff en accountability, and increase parental par- and the IDEA Working Group process. In de- came to Washington for two days last week ticipation. While we do have concerns about veloping an admirably fair and democratic to review the work product of the IDEA certain provisions of the bill, particularly discussion open to the organizations and in- Working Group. Although in any sizable some of the changes to personnel standards dividuals interested in the IDEA, the final draft piece of legislation or legislative analy- and discipline, we recognize that this legisla- product is a draft piece of legislation that fo- sis there will be issues which produce con- tion represents a delicate balance of compet- cuses on achieving strong educational out- cern, overall the bill appears balanced and ing concerns and interests. Taken as a comes of children. The bill, if enacted, will fair. It seems to be a workable revision of whole, it represents a fair balance among allow increased fiscal flexibility as well as this landmark Act, which if not over-regu- those interests and should be passed. greater school-based innovation and ac- lated, would be an improvement to current In closing, please note that our organiza- countability. I strongly urge you to support law. Some costly requirements have been re- tion, the National Down Syndrome Society, the passage of this bill. moved or modified from current law, and is separate from the National Down Syn- Sincerely, some of the financial burdens now shoul- drome Congress. Due to the similarity of the MADELEINE C. WILL, dered by local school districts appear to have names, these two organizations are some- Former Assistant Secretary, been relieved. These revisions should result times confused. Thank you again for your Reagan Administration. in improvement of services for disabled chil- work to reauthorize the IDEA. We look for- dren and a more manageable special edu- ward to continuing to work with you and AMERICAN PSYCHOLOGICAL ASSOCIATION, cation program in general. your staff through the legislative process. Washington, DC, May 7, 1997. I encourage you to expeditiously move this Sincerely, Hon. TRENT LOTT, IDEA Reauthorization through the legisla- ELIZABETH GOODWIN, U.S. Senate, tive process without changing the sub- President. Washington, DC. stantive provisions which have produced this DEAR SENATOR LOTT: On behalf of the balanced bill. NATIONAL ASSOCIATION OF American Psychological Association (APA), Sincerely, SCHOOL PSYCHOLOGISTS, its 151,000 members and affiliates, and the THOMAS W. PAYZANT, Superintendent. Bethesda, MD, May 6, 1997. families and children they serve, I would like Hon. WILLIAM GOODLING, to commend the Working Group on the Indi- THE ARC OF THE UNITED STATES, Chairman, House Education and Workforce viduals with Disabilities Education Act GOVERNMENTAL AFFAIRS OFFICE, Committee, U.S. House of Representatives, (IDEA) for the thoughtful effort that has Washington, DC, May 5, 1997. Washington, DC. gone into developing the current IDEA draft. Congressman BILL GOODLING, DEAR CHAIRMAN GOODLING: The National APA appreciates that the draft represents Chairman, Committee on Education and the Association of School Psychologist com- significant effort on the Working Group’s Workforce, Rayburn House Office Building, mends your leadership in establishing the part to balance the sometimes conflicting Washington, DC. historic consensus building in the drafting of needs of various interest groups toward DEAR CHAIRMAN GOODLING: The Arc, the legislative language for the amendments to timely reauthorization of this important nation’s leading organization advocating for Act. children and adults with mental retardation and reauthorization of IDEA. This historic, cooperative effort produced legislation which APA is particularly pleased with several and their families, has great interest in the provisions of the draft language. These in- reauthorization of the Individuals with Dis- has the potential for improving the edu- cational results for all our children and clude: abilities Education Act. More than 10% of Provisions that enable children under age youth with disabilities. It shows that Repub- students with disabilities served by IDEA nine to obtain special education and related licans and Democrats under your leadership, have the label mental retardation. services upon manifestation of a devel- in cooperation with Assistant Secretary Ju- The Arc wishes to convey its deep appre- opmental delay and without the need for dis- dith Heumann, can produce positive, family- ciation to you and your staff, particularly ability labelling; friendly legislation with a focus on positive Sally Lovejoy and Todd Jones, for your Provisions that guarantee continuation of academic and behavioral results for children untiring efforts to achieve the reauthoriza- free and appropriate public educational serv- with disabilities. tion of this vital law. ices for children with disabilities regardless The National Association of School Psy- A review of the IDEA Staff Working Group of their placement; draft in circulation as of today reveals some chologists will strive to turn this legislation The requirement that states establish vol- changes in the law that, if enacted, would into practice through school based teamwork untary mediation procedures prior to due improve educational opportunities for stu- with parents, teachers and administrators process hearings; dents with mental retardation. The Arc ap- that ensures effective evaluations, instruc- The elimination of the nebulous category preciates especially the removal from the tional and behavioral interventions, meas- of ‘‘seriously disruptive’’ as justification for draft bill of provisions regarding the ces- urement and analysis of results, and careful suspension or expulsion of a child with a dis- sation of educational services and the dis- concern for individualization, inclusion and ability; ciplining of students with disabilities alleged non-biased services. We will partner with The elimination of cessation of services as to be ‘‘disruptive’’. Other modifications may others to ensure that all children will be an appropriate option for discipline of chil- not be so clearly beneficial or may even be educated in schools and classrooms that are dren with disabilities; detrimental. safe and conducive to learning for all. School The attempts to increase the participation Although each provision in this bill re- psychologists, working with others, will as- of students with disabilities in state and dis- quires scrutiny, it is important that the bill sist teachers, design and provide interven- trict-wide assessments; and as a whole be assessed. Consequently, taken tions to help all children with disabilities The provisions surrounding the conduct of as a whole, The Arc has determined that the reach their goals and ensure that those chil- evaluations that emphasize the need for a bill is balanced. Thus, we urge this Congress dren with challenging behaviors will be variety of assessment tools and strategies, to reauthorize IDEA in accordance with the supportively educated with their peers as the use of multiple measures, and the assess- bill as developed by the Working Group. this law intends. ment of cognitive and behavioral factors in Sincerely, We thank the Committee and its leader- addition to physical and developmental fac- QUINCY ABBOT, ship for truly making a good law better by tors. President. improving the focus on results. We look for- These changes enable APA to support the ward to effective implementation, ongoing draft, with the following modifications sug- NATIONAL DOWN SYNDROME SOCIETY, meaningful monitoring, and researched find- gested. New York, NY, May 6, 1997. ings leading toward national best practices (1) Qualifications of supervisors of para- Hon. WILLIAM F. GOODLING, for the more than five million children professionals need to be specified. In Section U.S. House of Representatives, Rayburn Office served under IDEA. 612(15)(C) the Working Group draft allows ap- Building, Washington, DC. Sincerely, propriately trained paraprofessionals who DEAR CONGRESSMAN GOODLING: Thank you KEVIN P. DWYER, are supervised to provide special education for your continued efforts on behalf of reau- NCSP, Assistant Executive Director. and related services in areas where personnel H2534 CONGRESSIONAL RECORD — HOUSE May 13, 1997 shortages occur. The language does not, how- The ABA supports the proposed provision Association for Education & Rehabilita- ever, specify that supervisors of paraprofes- in H.R. 5 to expand the Act’s due process tion of the Blind and Visually Impaired. sionals should be qualified (i.e., certified or guarantees to include a right to pursue a National Association of Developmental licensed) service providers and should only claim through mediation. If properly imple- Disabilities Councils. supervise paraprofessionals in their own dis- mented, mediation can be a cost-effective National Association of Protection and Ad- cipline. Adding this requirement (A) en- form of alternative dispute resolution. How- vocacy. hances and ensures the quality of service, ever, proper implementation requires that National Association of School and (B) reduces cost and potential liability the mediation process include adequate safe- Phychologists. from due process proceedings alleging inac- guards to protect the constitutional rights of National Association of State Directors of curate diagnosis or inappropriate treatment students with disabilities to a free appro- Special Education. and placement provided by less than quali- priate education. In this regard, the Edu- National Coalition on Deaf-Blindness. fied service providers. cation and the Workforce-reported bill is a National Mental Health Association. (2) Individual IEP team members should be distinct improvement on previous versions of restricted to interpretation of assessment re- Mr. CLAY. Mr. Speaker, I yield my- IDEA reauthorization legislation. It permits self 3 minutes. sults for which they are qualified (i.e., dis- parents to participate in mediation with cipline-specific). Section 614(a)(4)(A) calls for their attorneys present. Previous bills would Mr. Speaker, since the 104th Congress the determination of disability to be made have removed attorneys from participation our committee has sought to reauthor- by a team of qualified professionals (i.e., the in a mediation or allowed their participation ize the Individuals with Disabilities in IEP team). Section 614(d)(1)(B)(v) requires only at a second mediation, which we believe Education Act, particularly because it that an individual who can interpret the in- structional implications of the assessment would have limited the efficacy and useful- supports vitally important discre- results be included in the IEP team. Al- ness of the process. This change is consistent tionary and early intervention pro- though it seems that the Act’s intent is for with our own experience in successful medi- grams for disabled children and their the composition of the IEP team to include ation. Our ABA Section of Dispute Resolu- families. That objective has been a professionals qualified to interpret assess- tion advises that mediation is more success- ful when there is the opportunity for vol- most daunting task, but today I am ment results in their respective areas of proud that we are one giant step closer qualification (e.g., a medical professional to untary participation by all individuals who interpret medical findings, a psychologist to are essential to resolving the dispute. It is to our goal. The bill before us not only interpret psychological findings), the exist- important that the mediator ensure that the reauthorizes the core of IDEA, but it ing language does not clearly or sufficiently individuals necessary for the effective reso- also significantly builds and improves specify this intent. lution of the matter participate in the first upon existing law. A specific requirement that qualified as- mediation. Mr. Speaker, before IDEA was en- sessment professionals be included in the Attorneys who represent a party are essen- tial for a full and fair airing of the dispute acted in 1975, almost 2 million children IEP team and interpret and apply assess- with disabilities were denied a basic ment findings only within their respective and to arrive at an agreement. Clearly, this disciplines will ensure cost-effectiveness in version of the bill will yield more favorable education. IEP diagnosis, treatment planning, and results in the mediation of these disputes. b 1430 placement by (A) ensuring accurate assess- The ABA strongly supports reauthoriza- 1 ment interpretation and application, and (B) tion of IDEA with expanded mediation op- Another 2 ⁄2 million received grossly reducing potential due process liability re- portunities. IDEA expresses the clear intent inadequate educational services; 25 sulting from allegations of inappropriate in- of Congress that children with mental, phys- years ago, millions of American chil- terpretation and application of assessment ical, or emotional disabilities should receive dren were effectively denied the basic data. Furthermore, if appropriately qualified free appropriate public education. The Act dignity of an education simply because assessment professionals are included in the also includes administrative and judicial remedies to protect the educational rights of they were disabled. IEP team, their expertise also will be cost- Mr. Speaker, today some 6 million effective for interpreting and applying as- children with disabilities and the rights of sessment findings for disciplinary manifesta- their parents or guardians to informed deci- children are educated under IDEA and tion determinations. sion-making and participation in the provi- they are able to enjoy productive, On behalf of the APA and children with sion of appropriate educational opportuni- meaningful lives. There are many out- and without disabilities and the adults who ties for their children. Your leadership and standing aspects of this reauthoriza- care for them, I thank you for your tireless the hard work of your staff and many others tion bill. It strengthens the role of par- efforts toward achieving a balanced IDEA has produced a strong, worthy bill, and we ents in their children’s education, it draft. Please feel free to contact me if APA urge the strong support of the House for H.R. can be of any assistance as IDEA continues 5 and prompt reauthorization of IDEA. guarantees that educational services through the legislative and regulatory proc- Sincerely, for even the most troubled children ess. ROBERT D. EVANS. will continue, it maintains high per- Sincerely, sonnel standards, and it provides for a RAYMOND D. FOWLER, Ph.D., MAY 6, 1997. nonadversarial context in which par- Executive Vice President and Hon. WILLIAM F. GOODLING, ents and school officials can volun- Chief Executive Officer. U.S. House of Representatives, Rayburn Office tarily mediate their disputes. Building, Washington, DC. Mr. Speaker, achievement of this AMERICAN BAR ASSOCIATION, DEAR CONGRESSMAN GOODLING: We, the un- GOVERNMENTAL AFFAIRS OFFICE, dersigned national organizations, wish to consensus bill before us today is a Washington, DC, May 12, 1997. commend the Members of Congress and their truly remarkable example of what we Hon. WILLIAM F. GOODLING, staff for their extraordinary efforts to reau- can accomplish when we work to- U.S. House of Representatives, thorize the Individuals with Disabilities Edu- gether, Democrats and Republicans, Washington, DC. cation Act. The bill as drafted by the IDEA the Congress and the administration, DEAR REP. GOODLING: I am writing on be- Working Group as circulated on May 2 is, on when we work together to address the half of the American Bar Association to ex- the whole, fair and balanced legislation and needs of the most vulnerable in our so- press our strong support for H.R. 5, legisla- should be adopted. tion approved by the House Committee on On behalf of: ciety. Education and the Workforce May 7, 1997, to National Parent Network on Diabilities. I wish to thank my House colleagues, reauthorize the Individuals with Disabilities Learning Disabilities Association. particularly the chairman, the gen- Education Act (IDEA). We applaud your The Arc. tleman from Pennsylvania [Mr. GOOD- leadership in particular in working to re- National Easter Seal Society. American Association of School Adminis- LING], the gentleman from California solve differences that had stalled action on [Mr. RIGGS], and the gentleman from the reauthorization of IDEA for over a year, trators. California [Mr. MARTINEZ] for their and we urge the Senate to support the bill National Education Association. Autism Society of America. that has now come forward. leadership and commitment to make National Association of the Deaf. this process work. In addition, I also IDEA is an essential component of the fed- National Down Syndrome Society. eral government’s commitment to the civil Epilepsy Foundation of America. want to thank the respective staffs for rights of persons with disabilities. Like American Academy of Child & Adolescent their dedication to this task. other civil statutes, IDEA provides legal re- Psychiatry. As my colleagues consider this bill course for parents of children with disabil- American Association of University today, let me remind them that it rep- ities when school districts refuse to comply Affilated Programs. resents a very delicate compromise with the law. Under current law, parents are American Foundation for the Blind. entitled to a due process hearing to chal- American Physical Therapy Association. meant to balance the various concerns lenge the identification, evaluation and edu- American Speech-Language-Hearing Asso- of many who care deeply about the cational placement of their child. ciation. children and the families affected by May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2535

IDEA. I know that Chairman GOODLING The chairman mentioned the im- (Mr. MARTINEZ asked and was given and I have received many letters of provements that we are making in the permission to revise and extend his re- support and encouragement from edu- area of mediation and school discipline marks.) cation and disability groups, as well as policies. I also mentioned that this bill Mr. MARTINEZ. Mr. Speaker, I from parent organizations and individ- will ensure that teachers have the thank the gentleman from Missouri for ual parents. We very much appreciate tools to teach all children. Specifi- yielding the time. their kind words. cally, the bill will shift decisions on Mr. Speaker, I am extremely pleased Mr. Speaker, I urge my colleagues to the expenditure of Federal training to join with the Members on the floor support this remarkable legislation. funds from the Federal Government to today on both sides of the aisle in sup- Mr. CLAY. Mr. Speaker, I yield 5 States and localities. That change will porting this important and historic minutes to the gentleman from Califor- mean more general and special edu- piece of legislation, historic because of nia [Mr. RIGGS], the subcommittee cation teachers receiving the in-service the cooperation of all parties involved. chairman, who worked long and hard training that they need instead of This reauthorization is the product of on the legislation. preservice training for special edu- over 2 years of work. But unlike the Mr. RIGGS. Mr. Speaker, today is cators that universities desire. So we past 2 years, the most recent 21⁄2 truly a remarkable and historic day. It are shifting the focus more again to months of negotiations were biparti- is, I guess, a real tribute to the hard staff development and in-service train- san. As has been said before, these ne- work of our staffs on a bipartisan basis ing rather than teacher education in gotiations were aimed at maintaining that we could bring this bill, reforming the colleges and universities. the safeguards provided in current law and improving the landmark Federal Finally, I would like to mention two and making modifications where the civil rights and special education stat- other areas that have required atten- last 22 years has shown the need for ute to the House floor under suspension tion in the bill. One is the support for change. of the rules, and I want to salute all in- charter schools. First, charter schools The discussions between House and volved. that are recognized or chartered as Senate Democrats and Republicans and As Chairman GOODLING has said, the their own local education agency, LEA, the administration began with current Individuals with Disabilities Education may opt to be merged into larger LEAs law as its starting point. Careful con- Act will help children with disabilities unless the State law specifically pre- sideration was given to the provisions by focusing on their education instead vents this. of the current statute and, where nec- of process and bureaucracy, by increas- Second, non-LEA charter schools, essary, it was amended to reflect the ing the participation and the role of public choice schools, must receive current difficulties in providing chil- parents in the education of their chil- IDEA funds in the same manner as dren with disabilities a free and appro- dren, and by giving teachers the tools other schools in the same LEA. Third, priate public education. that they need to teach all children. charter schools are eligible for State Since this law is an extremely impor- Let me just explain that the bill that discretionary program grant funds tant civil rights initiative, I can assure we are considering on the floor today under the amendments. my colleagues that the test used to improves the connection of students I am also pleased, Mr. Speaker, to re- modify current law was extremely with disabilities to the regular edu- port that the bill clarifies, this is a high. This bill before us today makes cation curriculum and provides for in- very important point, particularly to several much needed changes to cur- creased accountability for educational my home State of California, it clari- rent law. results. It is really significant that we fies how services are to be provided to Included in this reauthorization are are changing the focus of the bill by individuals in adult prisons who have an affirmative statement barring the raising expectations for the edu- been tried and convicted as adults. cessation of educational services for cational achievement for all students, A State may now delegate its obliga- children with disabilities; provisions especially those with learning disabil- tion to oversee prison education to the requiring that alternative educational ities. prison system or the State adult cor- settings be designed to allow the child States under the legislation must es- rectional department. Standards relat- to progress in the general education tablish goals for the performance of ing to IDEA services, placement, and curriculum; and mediation which is children with disabilities and develop paperwork may also be relaxed to ac- voluntary with respect to the partici- indicators to judge their progress. A knowledge the unique security require- pation of both schools, parents and all child’s individualized educational pro- ments of the prison environment. This those involved. Also included in this gram, otherwise known as an IEP, will bill also allows States, at their discre- bill is the maintenance of high person- focus on meaningful and measurable tion, to deny services for adult pris- nel standards, and improved enforce- annual goals. oners while forfeiting only the pro rata ment provisions designed to give the Children’s IEP teams will include, to share of Federal funding for that small Department of Education and the the extent appropriate, their regular segment of the total IDEA eligible pop- States the ability to require proper im- education teacher. Where localities or ulation. plementation of the act. States use assessment instruments, So if this bill becomes law and Cali- Specifically, this bill makes several children with disabilities will either be fornia decides to deny services to adult significant changes to current law, in- included in those assessments or be prison inmates, the U.S. Department of cluding a change in the Federal fund- given alternate assessments to meet Education can only reduce California’s ing formula from one directed by child their needs. Educational accountabil- total Federal allocation by a small per- count to a formula based on population ity also means informing parents about centage instead of withholding the en- and poverty. I want to stress that no the educational progress of their chil- tire allocation, as the department is one should view this change in Federal dren. currently threatening to do. formula to reflect the lack of need to Under the IDEA amendments of 1997, As the chairman said, this bill rep- identify children with disabilities. parents of children with disabilities resents an unprecedented bipartisan, Under the act, States and localities will be informed about the educational bicameral effort, bringing together will still be charged with identifying progress of their children as often as folks on all sides of this issue. I too children with disabilities and providing parents of children without disabil- want to salute the staff for their many, proper educational and related serv- ities. But even more fundamental than many hours of hard work and say, Mr. ices. In addition, the bill also makes that, parents will be assured the abil- Speaker, in conclusion, that this is a changes regarding the mandate that ity to participate in all IEP team deci- bill we can be very proud of. It is a States serve juveniles in adult correc- sions, including those related to the good bill for students with disabilities, tional facilities. placement of their child and the devel- their parents, teachers, principals, and While the bill before us today pro- opment of the IEP itself. Parents will school board members. I urge my col- vides several exemptions for serving also be able to access all records relat- leagues to support H.R. 5 today. disabled children in adult correction ing to their child, including evalua- Mr. CLAY. Mr. Speaker, I yield 31⁄2 facilities, States will still be required tions and recommendations based on minutes to the gentleman from Califor- to serve those who had an individual- those records. nia [Mr. MARTINEZ]. ized education program in their last H2536 CONGRESSIONAL RECORD — HOUSE May 13, 1997 educational placement. Members need riment of schools and children. It has remarkable achievement on behalf of to understand that disabled children do resulted in unsafe schools where teach- children with disabilities and their not often go straight from school to ers and administrators cannot dis- families. I have always believed that it jail. However, the high dropout rate of cipline or remove violent disabled stu- is an honor and a privilege to serve in children with disabilities often lead to dents. Congress. I believed that 23 years ago these individuals encountering our jus- While this consensus bill does not when I was one of the original co- tice system. contain everything I would like, I give authors of this legislation, and I be- Fortunately, the provisions in this it my strong endorsement. It contains lieve that today as we seek to revise bill will ensure that those children who a number of important reforms that this legislation to make it meet the drop out and then get into difficulties address some of current law’s unin- needs of both our children and the with our justice system will continue tended and costly consequences. To school districts which educate them. to be served in adult correctional fa- save Members the trouble of reading We had some very serious disagree- cilities. Like those who have gone be- this 100-plus page bill and pulling out ments when we started this process fore me, I want to thank the Members specific reforms themselves, I have two years ago and at that time we had that have worked on this bill: the compiled the following top 10 list of several critical points that prevented chairmen, the gentleman from Penn- reasons to support the bill, and I would us from coming together. I believed sylvania [Mr. GOODLING] and the gen- deliver it David Letterman style: then and still believe that all children tleman from California [Mr. RIGGS], No. 10. This bill encourages use of regardless of the nature or severity of the ranking member, the gentleman mediation, promoting cost-effective their disability must be guaranteed a from Missouri [Mr. CLAY], the gen- resolution of conflicts. free and appropriate education and tleman from California [Mr. MILLER], No. 9. This bill makes it harder for that no child should be denied an edu- the gentleman from Missouri [Mr. KIL- parents to unilaterally place a child in cation. I believed then and still believe DEE], the gentleman from Virginia [Mr. elite private schools at public taxpayer that the treatment of children with SCOTT], the gentleman from Delaware expense, lowering costs to local school disabilities should be guided by what [Mr. CASTLE], and the gentleman from districts. we know about the nature of the South Carolina [Mr. GRAHAM]. No. 8. This bill sends more money to child’s disability and its effect on his The contributions of these Members local schools, alleviating their finan- or her behavior. I believed then and and their staffs to this measure were cial burdens. still believe that parents are entitled essential to creating its carefully bal- No. 7. This bill modifies attorneys’ to pursue all legal avenues available anced nature. The staff in particular fees, reducing litigation and eliminat- for them to ensure that the child is worked long into the night and on ing the incentive that lawyers have to treated fairly. Unfortunately, some weekends, and this effort should not go try and game the system. have argued for provisions which would unnoticed. No. 6. This bill makes changes to the have curtailed or severely diminished In total, Members need to remember formula, reducing incentives to over- these rights. I am pleased that the bill this measure is a carefully crafted identify children. before us maintains the fundamental compromise that means that both sides No. 5. This bill prevents the identi- rights we established in that have to negotiate with the aim of find- fication of children as disabled if they groundbreaking law 23 years ago. ing a middle ground upon which we actually have reading problems in- This progress was not easy. We had could agree. This bill is reflective of stead, also reducing overidentification to overcome some real and difficult this throughout the provisions it con- of children with disabilities. disagreements. Those of us who be- No. 4. This bill eliminates the two- tains because it contains provisions lieved the rights of the children and track disciplinary system in schools, from both sides of the aisle. parents were going to suffer were able While the bill before us provides sev- making schools safer and more condu- to work with our colleagues in Con- eral exemptions for serving disabled cive to learning. gress who saw the issue differently and No. 3. This bill gives parents access children at adult correctional facili- were able to agree that the rights to more information, empowering par- ties, States will still be required to should be protected. What we strove to ents to become more involved in their serve those individuals who had indi- achieve and what I believe we accom- child’s education. vidualized education programs in the plished is a bill that protects the rights No. 2. This bill reduces paperwork re- last educational placement. of children with disabilities and at the quirements, lessening the amount of Mr. Speaker, this bill is one that de- same time fosters cooperation between time wasted filling out mind-numbing serves the merit and support of all the parents, teachers, school boards, ad- forms. Members of Congress, and I urge all my No. 1. This bill protects the rights of ministrators, and State and local agen- colleagues to support this bill. disabled children to receive a free, ap- cies to help ensure that each recognizes Mr. RIGGS. Mr. Speaker, I yield 21⁄2 propriate, public school education, as- their responsibilities and that each minutes to the gentleman from Dela- sisting them in their efforts to become must make a commitment to work col- ware [Mr. CASTLE]. productive and fulfilled adults. laboratively to serve the best interests Mr. CASTLE. Mr. Speaker, I thank of all children. the gentleman for yielding. The Indi- b 1445 Mr. Speaker, during our deliberations viduals with Disability Act has been in The committee had an important op- on this act, I received in the mail a let- existence since 1975 to ensure that all portunity to approve IDEA and build ter from an old friend of mine, retired children have access to a free and ap- on its previous successes, and it Superior Court Judge Robert J. propriate public education. worked in a bipartisan manner to Cooney, enclosing a book written by Prior to the enactment of IDEA, dis- achieve this goal. I want to commend his son Peter describing what life was abled children were often denied ade- the committee leadership and staff for like for a child with Down’s syndrome quate public education. This legisla- its excellent work in drafting this bill. and for that child as he becomes an tion is critically important to millions I urge my colleagues to give this bill adult and seeks his place in American of disabled children in America, not to their support. society. Over the years I have had the mention their families, their friends, Mr. CLAY. Mr. Speaker, I yield 3 opportunity to watch Peter grow as he and their teachers. This law, however, minutes to the gentleman from Califor- progressed through school, participated has had unintended and costly con- nia [Mr. MILLER]. in the Special Olympics and achieved sequences. (Mr. MILLER of California asked and greater and greater independence. For example, it has resulted in chil- was given permission to revise and ex- Peter makes it clear in his book the dren being labeled as disabled when tend his remarks.) importance of family and available re- they were not. It has resulted in school Mr. MILLER of California. Mr. sources. He says it is the love of par- districts unnecessarily paying expen- Speaker, I thank the gentleman for ents and others that make a person sive private school tuition for children. yielding me the time. special. We need help sometimes. Par- It has resulted in cases where lawyers I am pleased to join my colleagues in ents and teachers and counselors have gamed the system to the det- both parties today in support of this should help us when we need their help, May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2537 but do not do too much for us. Some twenty-two years ago, Congress recog- I want to express my deep apprecia- counselors need to think of us as spe- nized that 3.5 million of the children tion to the staff and to the subcommit- cial. Part of their job is helping us be- with disabilities in the United States tee chairman, the gentleman from come independent. were not receiving appropriate edu- California [Mr. RIGGS] and to the chair- Peter is now 32 years old, lives in a cational services and more than a mil- man, the gentleman from Pennsylvania residential facility, and works in the lion children were excluded from [Mr. GOODLING], and to the majority food service business at Cosumnes school altogether. leader for crafting a bill that will pro- River College in Sacramento when he Today Congress not only reaffirms vide relief to schools and parents and is not attending his book signings. our commitment to education gen- maintain our commitment to the edu- Mr. Speaker, this legislation is about erally, but we are also reaffirming our cational services needed by our dis- empowering parents and students to be commitment to ensuring that children abled children. able to get the best education they can with disabilities receive a free and ap- Mr. CLAY. Mr. Speaker, I yield 2 so that, like Peter, they will have a propriate education. minutes to the gentlewoman from New chance to participate fully in Amer- While some may argue that the price York [Mrs. MCCARTHY]. ican society. is too high, we know that our failure to Mrs. MCCARTHY of New York. Mr. Before this law, Mr. Speaker, was on provide appropriate education to any Speaker, I rise in strong support of the books more than a million children child will cost us even more in the long H.R. 5. As someone that has learning with disabilities were not allowed to be run and we know that children with disabilities, I knew what it was like to educated. This rewrite makes sure that disabilities who do not complete their grow up and not have the educational they continue to have those rights. education are less likely to be em- opportunities. Luckily, my son was Mr. GOODLING. Mr. Speaker, I yield ployed, more likely to rely on public able to go to school and at that time 1 minute the gentleman from Califor- assistance, and substantially more they dealt with learning disabilities. It nia [Mr. MCKEON], subcommittee chair- likely to be involved in crime than was during that time as he went to man. those others who complete high school. school I learned how to read, I learned Mr. McKEON. Mr. Speaker, I thank While the same can be said for the out- how to study. the gentleman for yielding me the comes of children without disabilities, What this bill does is give children time. research demonstrates that these cor- hope, certainly, but it gives them an I rise today in support of H.R. 5, the relations are even stronger for children opportunity to go out in the work field. Individuals with Disabilities Education with disabilities. The most important thing, though, it Amendments Act. This legislation is a Today we are here to support H.R. 5, does allow the children to have self-es- result of several years work with input because it significantly moves us to- teem, and I think that is the most im- from individuals and organizations rep- wards fulfilling the promise we set 22 portant thing. resenting the disabled, the education years ago, to provide a free and appro- I stand here because I am a Member community, and parents. The outcome priate public education for all children of Congress now. I want the children of this great effort is legislation that with disabilities. So, Mr. Speaker, I out there to know, even though you will substantially improve the current would encourage all of my colleagues have learning disabilities, you have a system of education for the disabled. In to support this remarkable legislation. chance to learn and certainly you can Mr. GOODLING. Mr. Speaker, I yield fact, this is the first major overhaul of do anything with your life that you 11⁄2 minutes to the gentleman from Ne- the IDEA legislation in over 20 years. I want to. braska [Mr. BARRETT], another member commend the gentleman from Penn- I am pleased that H.R. 5 addresses of the committee. sylvania [Mr. GOODLING], the gen- Mr. BARRETT of Nebraska. Mr. concerns that my constituents have tleman from California [Mr. RIGGS] and Speaker, I thank the gentleman for raised. It provides financial relief to all the Members involved in this vast yielding me the time. school districts that struggle with the undertaking. Mr. Speaker, ask any school official high cost of educating students with H.R. 5 contains key reforms which in- to identify the one program in their disabilities. It also addresses the issues crease parent participation, better con- school in which costs have increased of transportation training, which en- nect students to the regular curricu- dramatically and that person will prob- sures that students have access to edu- lum, provide support for the unique ably identify the special education pro- cation and to jobs later in life. needs of individual students, provide gram. Ask any parents of a disabled Most of all, I am pleased that this more dollars to the classroom, reduce child the greatest source of their frus- bill is the product of bipartisan proc- the costs of litigation, and reduce pa- trations in the school system and they ess. Educating children with disabil- perwork and process costs. There is no will probably point to the school’s spe- ities is not a Democratic or a Repub- question these reforms will create a cial education program. lican issue, but a priority for all of us better system. I ask all to support the This bill presents schools and parents that must be addressed. It has been a passage of this bill. with needed changes to Federal man- pleasure working on this bill with both Mr. CLAY. Mr. Speaker, I yield 2 dates that have gone underfunded. The sides of the aisle and my colleagues. I minutes to the gentleman from Vir- bill would reduce paperwork and proc- think everyone did a wonderful job and ginia [Mr. SCOTT]. ess costs without jeopardizing the edu- everyone should be commended. But Mr. SCOTT. Mr. Speaker, I rise to cational services needed by our dis- the bottom line is, we have remem- join my colleagues in strong support of abled children. It gives parents and bered the children, and they are our H.R. 5, the amendments to the Individ- schools the opportunity to seek medi- best product for this country and they uals with Disabilities Education Act, ation of their disputes before heading are the future of this country. and I want to thank the gentleman to costly court action. Mr. GOODLING. Mr. Speaker, I yield from Pennsylvania [Mr. GOODLING], the But one particular provision will 1 minute to gentleman from Georgia gentleman from California [Mr. RIGGS], take an unprecedented step in Federal [Mr. DEAL], another member of the the gentleman from Missouri [Mr. education law, by allowing local committee. CLAY], and the gentleman from Califor- schools to actually cut back on their Mr. DEAL of Georgia. Mr. Speaker, I nia [Mr. MARTINEZ], ranking Members, special education spending, once Fed- commend the gentleman and commend and the leadership of the Senate for eral appropriations reach $4.1 billion, the subcommittee chairman and the their leadership in crafting this truly which is $1 billion more than the cur- staff for their hard work and to the mi- remarkable bill. This legislation is ex- rent appropriations. I think it is proper nority for their hard work in the devel- traordinary, not only because of its bi- to allow schools to relieve themselves opment of this piece of legislation. partisan bicameral and administration somewhat from the burden of shoulder- I rise in support of H.R. 5. As some- support, but also because it improves ing the cost of an underfunded Federal one who is involved with education educational opportunities for children mandate. As Federal appropriations through my wife’s teaching in a middle with disabilities. will be used to help supplement local school in my district, I think that I With the enactment of the Individ- spending, disabled students should not can share with my colleagues the same uals with Disabilities Education Act, experience a decrease in their services. concern that most administrators and H2538 CONGRESSIONAL RECORD — HOUSE May 13, 1997 teachers would say when they consider done is monumental. On one hand we This really is a historic bill. What the Disabilities Act in terms of its im- have parents that are thrust into an has been done in terms of making it bi- pact on education. That specific area environment they never planned on cameral and bipartisan, it passed out of that I wish to touch on is the area of having with a special education child both the House and the Senate com- discipline. and they are bewildered. On the other mittees without one dissenting vote. It It is indeed difficult to balance and side there are the immense costs to the will continue to make it possible for achieve a reasonable balance between schools. And to bring those two groups millions of children and youth with those who suffer from disabilities and together, I applaud both sides of the disabilities to gain a meaningful edu- those who are being educated along aisle. cation. with them who are not under those dis- I think for the first time we have Before IDEA, the vast majority of abilities. In the area of discipline, it is been able to enhance the amount of children with disabilities were a difficult subject. This bill provides dollars and the services available to unserved and underserved. IDEA has some necessary relief. Under this legis- these children but, at the same time, created a future for these children with lation, if a child is involved with drugs giving the schools the flexibility that real opportunities and has been a real or with a weapon and is a disability they need to handle the special edu- success in human terms. I can think of child, it increases to 45 days the time cation needs. Cecilia Pauley in my district who had in which they may be placed in an al- Mr. CLAY. Mr. Speaker, I yield 2 Down’s syndrome. With the support of ternative teaching environment. It also minutes to the gentleman from Ohio a loving family, she graduated from increases to 45 days the time in which [Mr. TRAFICANT]. high school and is attending college. a child that is involved in a discipli- Mr. TRAFICANT. Mr. Speaker, I She could not have done this without nary problem in which danger to other thank the gentleman for yielding me IDEA. this time. children is involved. The bill on the floor today will help I want to compliment the gentleman Mr. Speaker, I commend the commit- other parents provide that kind of sup- from Pennsylvania [Mr. GOODLING], the tee and thank the gentleman for yield- port for other children just like gentleman from California [Mr. RIGGS], ing the time to me. Cecilia. It encourages parents to be in- the gentleman from Missouri [Mr. Mr. CLAY. Mr. Speaker, I yield 2 volved in their children’s education, CLAY], the gentleman from California minutes to the gentlewoman from Cali- takes into consideration parental pref- [Mr. MARTINEZ], and the gentleman fornia [Ms. SANCHEZ]. erences and concerns in the develop- from Michigan [Mr. KILDEE], and I Ms. SANCHEZ. Mr. Speaker, I rise to ment of an individualized education want to thank them for including the commend my colleagues on the Com- language from my Braille Literacy Act plan, which is guaranteed for every mittee on Education and the Workforce that I submitted several years ago. child in a special education program. for their efforts to create this biparti- Just briefly, in 1968 there were 20,000 I am also pleased they worked out san piece of legislation. Reauthoriza- visually impaired students; 40 percent some of the problems we had last year tion of the Individuals With Disabil- could read Braille, 45 percent could in terms of providing for alternative ities Education Act, H.R. 5, was a high read large print. In 1993, there were settings so that students with disabil- priority for me in this session of Con- 50,000 visually impaired students; fewer ities who are expelled can continue gress. I was proud to be a part of a bi- than 9 percent could read Braille, 27 their education. I just think this is a partisan effort to ensure that 5.8 mil- percent could not read print, and, Con- terrific bill and I ask the support of lion disabled children receive an oppor- gress, 40 percent of those visually im- this entire body and congratulate all tunity to succeed in the classroom. paired students could not read either involved, Members and staff. For students and parents in Orange or at all. Mr. CLAY. Mr. Speaker, may I in- County, CA, in my hometown, this bill I want to thank my colleagues for in- quire as to how much time is left on envisions high expectations and stand- cluding language from my bill, the both sides? ards for children in special education Braille Literacy Rights for Blind The SPEAKER pro tempore (Mr. by requiring that they participate in Americans Act. I want to compliment PEASE). The gentleman from Missouri State and district assessments with ap- Tom Anderson, a constituent from my [Mr. CLAY] has 31⁄2 minutes remaining, propriate accommodations where nec- district, for his efforts in this as well. and the gentleman from Pennsylvania essary. It basically says in the case of a child [Mr. GOODLING] has 3 minutes. H.R. 5 would expand the authority of who is blind or visually impaired, it Mr. CLAY. Mr. Speaker, I yield the school officials to protect the safety of provides for instruction in Braille and balance of my time to the gentleman all of our children in the classroom. In the use of Braille, and also to consider from Guam [Mr. UNDERWOOD]. addition, the bill will allow school dis- the communication needs of the child. Mr. UNDERWOOD. Mr. Speaker, I tricts to get financial relief through In the case of a child who is deaf, hard thank the gentleman for yielding me new cost sharing provisions and the re- of hearing, blind or communicatively this time. duction of paperwork required from disabled, consider the language and Today, Mr. Speaker, I rise in support teachers, from school districts, and communication needs of the child. of the reauthorization of the act, and I from States. I think we have done more with this am very pleased this Congress has been able to develop a bipartisan bill. I am b 1500 bill than we may realize. I thank my colleagues for working with me and in- especially pleased that the territories I urge my colleagues to support this cluding language from my bill. and freely associated states were ap- critical piece of legislation because it Mr. GOODLING. Mr. Speaker, I yield propriately considered and included in affirms that educational services will 1 minute to the gentlewoman from the crafting of funding mechanisms. not be terminated for any child with a Maryland [Mrs. MORELLA], the gen- Disabled students and their parents disability. tleman from Ohio’s partner on my side on Guam and in the other territories Mr. GOODLING. Mr. Speaker, I yield of the aisle and a former teacher. are as eager for access to quality edu- 1 minute to the gentleman from Cali- (Mrs. MORELLA asked and was given cation as their peers in the States, and fornia [Mr. CUNNINGHAM]. permission to revise and extend her re- they certainly need the same tools as Mr. CUNNINGHAM. Mr. Speaker, marks.) their peers to succeed academically. this bill is a monumental bill. My col- Mrs. MORELLA. Mr. Speaker, I want Access to quality education and a leagues on the other side, the gen- to thank the gentleman for yielding me chance to succeed is all our students tleman from Missouri [Mr. CLAY], and this time. I will speak quickly since I want, whether they are disabled or not. the rest of them, and the gentleman only have 1 minute. The reauthorization of IDEA will go from Michigan [Mr. KILDEE], we I want to congratulate the gentleman a long way in providing this oppor- worked on this bill when I was chair- from Pennsylvania [Mr. GOODLING], the tunity, and I am proud to support this man of the subcommittee. gentleman from California [Mr. RIGGS], very bipartisan effort. I want to con- If we look at the difficulty of getting and all the members of the Committee gratulate Members and staffs on both a bill through, between parent groups on Education and the Workforce for sides of the aisle who have worked out and schools, what the committee has their hard work and perseverance. a compromise on the inclusion of the May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2539 territories and the three freely associ- This bill, if enacted, will also improve the much more of the funding go directly to help- ated states, the Republic of Palau, the way States, schools, teachers, and parents ing these special students. I agree. Republic of the Marshall Islands and work together to provide better education for A few years ago, I met with a school super- the Federated States of Micronesia, in children with disabilities. The new IDEA reform intendent from my district, Allen Morgan, and this important legislation. legislation will help children with disabilities by one of his main concerns was the cost of legal Sometimes it certainly seems to focusing on their education, instead of process fees associated with this program. As a result, those of us in the islands that there are and bureaucracy. It will also give parents in- on August 5, 1993, I introduced H.R. 2882, as many funding strategies as there are creased participation and give teachers the which would have reduced the amount of Federal programs, and this is espe- tolls they need to teach all children. Moreover, money school systems have to spend for at- cially true for us. The chairman may this bipartisan legislation fulfills a proper Fed- torney fees. Do you want the money spent on remember discussions I have had with eral responsibility of protecting individual rights lawyers or on severely disabled students? him about this issue during the 104th by insuring that children with disabilities have Under the legislation I introduced, State and Congress, and I thank him for his ef- an equal opportunity to learn and succeed. local education agencies would not have had forts in this regard. Although there were a number of conten- to pay attorney fees for preliminary administra- H.R. 5 allows the territories to take tious issues involved while drafting H.R. 5, tive hearings and negotiations. This would advantage and participate in any in- Chairman GOODLING did a tremendous job of have saved many millions of dollars across creases in appropriations while provid- leading a bipartisan efforts in working with the the country. However, it would still have al- ing funds for the freely associated many organizations representing the concerns lowed parents who prevailed in a civil action to states through a competition with the of individuals with disabilities, their families be reimbursed for legal expenses. I am Pacific territories for the next 4 years. and teachers, as well as school administrators pleased to know that the authors of this bill While I have continuing concerns about and nurses. Today's vote in support of the have included similar language in this legisla- using a nongovernment entity as a IDEA reauthorization is a testament to the bi- tion. broker of funds intended for areas in partisan and overwhelming support of this The bill on the floor today will save direly which there are some very complex re- House to the needs of children with disabil- needed funds for educating the disabled by re- lationships, I certainly support the in- ities. ducing the amount of money spent on overly tent of this funding. Mr. CONDIT. Mr. Speaker, I rise today to excessive attorney fees. I urge my colleagues I am informed that this mechanism alert you to my concerns with certain provi- to support this legislation which will help get will also be used as a model for future sions contained in H.R. 5, the Individuals With more money to the children who need it the education and training legislation in Disabilities Act Amendments of 1997. most. an effort to clarify the patchwork na- Specifically, I am opposed to the provisions Mrs. ROUKEMA. Mr. Speaker, I rise today ture of territorial funding. in this bill that require States to provide spe- to clarify some of the language in the Individ- I congratulate the chairman and cial education services to disabled individuals uals With Disabilities Education Act that we ranking member on their successful bi- aged 16 to 21 who are incarcerated. I have al- are looking to enact into law today. This is a partisan effort, and I urge my col- ways been supportive of an all out effort to much needed piece of legislation which has leagues to approve H.R. 5 on behalf of provide educators with the necessary re- been created with the participation and consid- our children, whether they are in urban sources to properly train and educate those eration of a large variety of interests. We centers or suburbs or rural areas, or with disabilities. For this reason, I must object should be proud of this historic moment. what we sometimes think of as very to requiring States to spend their scare edu- The section I would like to clarify involves faraway islands, especially in those is- cation resources to serve prisoners. personnel standards. This section has some lands, areas where specialized services As you may be aware, both the Governor of potentially unclear language, which I would are rare or simply unavailable. California and California's legislative bodies like to make clear. When the bill refers to the Mr. GOODLING. Mr. Speaker, I yield have registered their disapproval of provisions qualified individual who must be making satis- myself the balance of my time, and I mandating that the State provide special edu- factory progress toward completing applicable would close by merely again thanking cation services to convicted felons. While course work necessary to meet the standards all on both sides of the aisle for all there may be prisoners who would benefit described earlier in the legislation, it is refer- their efforts to put together this bipar- from such services, the States ought to be ring to the standards that are consistent with tisan, bicameral bill, and all those trusted to make this decision on their own. State law applicable to the profession or dis- from the outside who worked diligently Equally disturbing is the provision allowing the cipline. This clarification is important to answer to bring this about. Department of Education to penalize States an confusion that may arise. I should mention Sally Lovejoy on who fail to comply with this requirement by Mr. GOODE. Mr. Speaker, today, with res- the staff, who has been at this legisla- withholding all special education money grant- ervations, I support H.R. 5, the Individuals tion for 13 years. So we want to pay ed to a State. With Disabilities Education Act Improvement tribute to her. She is only 25, but she Notwithstanding my objections to these pro- Act of 1997. has been at the legislation for 13 years. visions, the overall merits of H.R. 5 warrant Even before I came to Congress in January Mr. FRELINGHUYSEN. Mr. Speaker, I rise my support at this time. The objectionable pro- of this year, local school administrators and to commend the House of Representatives on visions must be revisited by Congress. school board members from my home in considering H.R. 5, a bill to reauthorize and Chairman BILL GOODLING, Representative Franklin County, VA, had alerted me to the reform the Individuals With Disabilities Act BILL CLAY, Representative FRANK RIGGS, and grave fiscal dilemma they face in attempting to [IDEA]. This bill renews and strengthens our Representative MATTHEW MARTINEZ are to be comply with IDEA. These local school officials promise to children with disabilities and their commended for expediting this reauthorization and many of their colleagues in similar rural families that they will receive an education process and I look forward to working with all areas are finding it increasingly difficult to equal to that of their peers. of them to address the concerns raised by the meet the needs of students with disabilities While the original IDEA legislation was criti- State of California. because of inadequate Federal funding and cal in opening up educational opportunities to Mr. DUNCAN. Mr. Speaker, I rise in support overly stringent Federal restrictions. disabled students and enhancing efforts to in- of this legislation which makes some very im- These local officials are sincere in their clude them in classes with other students, this portant changes to the Individuals With Dis- commitment to provide an education to every legislation continues the commitment of the abilities Education Act. young person that they serve, whether that previous Congress to address the issue of ac- We need to do our very best in educating person is faced with a disability or not. They tually providing adequate resources to individ- the young people in our country. In addition, I are, however, increasingly confronted with ual States in educating children with disabil- believe we especially need to help those with nearly impossible dilemmas as the costs of ities. Last year, the Appropriations Committee, disabilities. special education rapidly increase. With this of which I am a member, increased funding for I admire the people who work very closely bipartisan bill, we will give these dedicated IDEA by almost $800 million to $3.1 billion for with these children on a daily basis. In fact, I local officials some relief and will begin to fiscal year 1997, the most in IDEA's history. would say that these are the people who, meet the commitment to the level of funding H.R. 5 authorizes a $1 billion increase for along with the parents, are most concerned that Congress made to States and localities IDEA in fiscal year 1998 and, within 7 years, with how this program is operating. They feel when IDEA was enacted. funding for the program increases to $11 bil- that too much money has been wasted in There is one section of this bill that does lion. legal fees. Instead, they would like to see trouble me. In some instances, a student may H2540 CONGRESSIONAL RECORD — HOUSE May 13, 1997 engage in egregious misconduct that would the leadership of Education Committee Chair- $20 billion by the year 2002. This flies in the result in expulsion except that such student is man BILL GOODLING, Early Childhood Sub- face of many Members' public commitment to covered by IDEA. In those instances, I believe committee Chairman FRANK RIGGS, and the place limits on the scope of the Federal bu- expulsion is merited and should be left to poli- majority leader of the other body, we now reaucracy. cies developed by the States and the local- have an IDEA Improvement Act that all sides H.R. 5 imposes significant costs on State ities. On February 5, 1997, the Circuit Court of agree is an improvement. It focuses anew on governments and localities. For example, the Appeals for the Fourth Circuit ruled that the the education of children with disabilities. It im- new bill requires one regular education teach- U.S. Department of Education was without au- proves schools' administration of special edu- er to take part in each individual education thority to condition receipt by the Common- cation. It assures that additional IDEA appro- plan [IEP]. According to certain education ex- wealth of Virginia of IDEA funding on the con- priations are distributed in a more equitable perts, this could require as many as 10 to 15 tinued provision of free education to disabled manner, freeing the Appropriations Committee teachers be present at each IEPO meeting. students who have been expelled or sus- on which I now serve to fund IDEA more This bill also requires States to include dis- pended long term for criminal or other serious robustly and responsibly. And it replaces litiga- abled students in all statewide assessments misconduct unrelated to their disability. I agree tion and division with mediation and a more by 1998 and develop alternatives for students that decisionmaking on these very case-spe- cooperative process for resolving disputes. unable to participate in the regular exams by cific instances should be left to localities and Like the IDEA Improvement Act of the 104th the year 2000. According to the National As- States and disagree with this aspect of this Congress, this measure before us today is not sociation of State Boards of Education bill. perfect. H.R. 5 does not address the inequi- [NASBE], this mandate will increase assess- On the whole, however, this bill offers im- table distribution of current IDEA funding. It ment costs by 12 percent. provements and gives schools greater flexibil- does not give States enough relief from cer- NASBE's May 9 letter to Congress identifies ity, promotes cost-sharing between State and tain mandates, particularly those relating to several other provisions in H.R. 5 that will im- local agencies and recognizes the role of IDEA-mandated educational services for con- pose new financial burdens on the States. I teachers. victs in jail. And it does not give schools and ask that the letter be read into the RECORD. Mr. CUNNINGHAM. Mr. Speaker, I am communities as much flexibility as I would pre- As I see Members of Congress applaud the proud to rise in support of H.R. 5, the IDEA fer in implementing an educational program, imposition of more mandates on States, I can- Improvement Act. I am pleased to see it mov- and ensuring the fair conduct of disciplinary not help but think of a letter I received from ing toward enactment, hopeful that continued procedures. It is a product of compromise and the high school principal asking for some relief improvements can be made, and thankful to a great deal of hard work and sacrifice from all from Federal mandates imposed on her by those citizens, staff, and members who have parties. And I am glad to say that it is, on bal- laws like IDEA. I would ask all my colleagues made it possible. ance, a very good bill that will do well by our to consider whether we are truly aiding edu- The Individuals with Disabilities Education children and our schools. cation by imposing new mandates or just mak- Act, or IDEA, is based on one principle: That Finally, I would like to publicly recognize a ing it more difficult for hard-working, education children with disabilities deserve a fighting number of the people who made this measure professionals like this principal to properly chance to achieve the American Dream. Since possible. Chairmen GOODLING and RIGGS, and educate our children? its enactment in the 1970's, this law has made my former Early Childhood Subcommittee The major Federal mandate in IDEA is that education and opportunity available for mil- ranking member DALE KILDEEÐnow ranking disabled children be educated in the least re- lions of children with disabilities. Many of on the Higher Education SubcommitteeÐhave strictive setting. In other words, this bill makes these Americans, who once would have been done yeoman's work in carrying this difficult mainstreaming the Federal policy. Many chil- consigned to costly institutions for life, have task through. The Senate majority leader, and dren may thrive in a mainstream classroom used their education to sustain themselves his chief of staff, David Hoppe, coordinated a environment, however, I worry that some chil- and become contributing members of society. months-long march of meetings between all dren may be mainstreamed solely because They are better for it, and the country is bet- parties to hammer out an agreeable bill, and school officials believe it is required by Fed- ter, too. they have done marvelously. And Jay Eagen, eral law, even though the mainstream environ- But the law has not been perfect. Over time, Sally Lovejoy, and Todd Jones of the Edu- ment is not the most appropriate for that child. cooperation in pursuit of education has gradu- cation and Workforce Committee staff deserve On May 10, 1994, Dr. Mary Wagner Testi- ally given way to divisive and costly litigation recognition for distinguished service on this fied before the Education Committee that dis- that usurps scarce resources from children's issue on behalf of many Members of the Con- abled children who are not placed in a main- schooling. Congress and successive adminis- gress. I was privileged to work with all of them stream classrooms graduate from high school trations have failed to keep their promise to in the 104th Congress. Many others deserve at a much higher rate than disabled children fund 40 percent of States' costs to comply special recognition, especially the families, who are mainstreamed. Dr. Wagner quite with IDEA and provide free, appropriate public special education students, teachers, school properly accused Congress of sacrificing chil- education in the least restrictive environment, board members, and administrators who con- dren to ideology. as the law requires. And the distribution of tributed their work and experience to this Mr. Speaker, it is time to stop sacrificing funds among the States has grown unfair and measure. children on the alter of ideology. Every child is unequal, with some States receiving substan- I urge Members to support H.R. 5. It goes unique and special. Given the colossal failure tially more funding per school-age child than to show that when we work together, we can of Washington's existing interference, it is others. get the job done. clear that all children will be better off when In the 104th Congress, we pledged and Mr. PAUL. Mr. Speaker, I rise to oppose we get Washington out of their classroom and worked to do better. And we did. I was privi- H.R. 5, the Individuals with Disabilities Reau- out of their parents' pocketbooks. I therefore leged at the time to serve as chairman of the thorization Act of 1997 [IDEA]. I oppose this urge my colleagues to cast a vote for constitu- House Subcommittee on Early Childhood, bill as strong supporter of doing all possible to tionally limited government and genuine com- Youth and Families. We assembled a historic advance the education of persons with disabil- passion by opposing H.R. 5. coalition of citizen representatives of children ities. However, I do not think that a huge bu- NATIONAL ASSOCIATION OF with disabilities, educators, the administration, reaucracy is the best way to educate disabled STATE BOARDS OF EDUCATION, Republicans, and Democrats to develop an children. Parents and local communities know Alexandria, VA, May 9, 1997. DEAR REPRESENTATIVE: The National Asso- IDEA Improvement Act that we could all agree their children so much better than any Federal ciation of State Boards of Education upon. We reported a bill out of subcommittee, bureaucrat, and they can do a better job of (NASBE) is a private nonprofit association to the full committee, to the House, and for- meeting a child's needs than we in Washing- representing state and territorial boards of warded it to the Senate by voice vote. Unfortu- ton. There is no way that the unique needs of education. We are writing to express our op- nately, the late-session crunch and latent divi- my grandchildren, and some young boy or girl position to the changes made to the state sions forestalled its enactment. Nevertheless, in Los Angeles, CA or New York City can be set-aside formula in the compromise agree- Congress recognized the progress we had educated by some sort of ``Cookie Cutter'' ap- ment on the individuals with Disabilities made by providing an equally historic, first- proach. Education Act (IDEA). Under the new legislation, the state share time substantial increase in IDEA funding, At a time when Congress should be return- is capped at the FY97 level, with all future some $4 billion total in fiscal year 1997, $700 ing power and funds to the States, IDEA in- increases equal to the rate of inflation or the million more than in fiscal year 1996. creases Federal control over education. Ac- federal appropriations increase—whichever Now, the 105th Congress is completing the cording to the Congressional Budget Office is less. This new formula also applies to the work we began in the 104th Congress. Under Federal expenditures on IDEA will reach over state’s 5% administration reserve. This May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2541 limit, especially as applied to state adminis- ties and parents who disagree over a disabled The SPEAKER pro tempore. Is there tration, will place severe burdens on already student's educational plan, instead of forcing objection to the request of the gen- strained state education budgets and will re- the parties to move their dispute into the court. tleman from Pennsylvania? sult in an enormous federally unfunded man- There was no objection. date. It is our hope that an increase in the use of IDEA is a highly prescriptive law requiring mediation will reduce the acrimony involved in f vigilant state monitoring and evaluation to these disputes and will save money that has CONCURRING IN SENATE AMEND- ensure disabled students are receiving all ap- in the past been spent on attorney fees. Fur- MENT TO H.R. 914, TECHNICAL propriate educational services. The new thermore, it is my hope that the new formula mandates will create even more administra- CORRECTIONS IN HIGHER EDU- changes phased in over 10 years will reduce CATION ACT, WITH AMEND- tive and oversight responsibilities for state overidentification and promote the effective education agencies (SEAs), while at the same MENTS time significantly decreasing the federal use of government resources. Accordingly, Mr. Speaker, I urge my col- Mr. MCKEON. Mr. Speaker, I move to funds necessary to carry out such functions. suspend the rules and agree to the reso- Because of the artificial limits placed on the leagues to support this worthy measure to re- states’ administrative share, the excess costs form our Nation's special education programs. lution (H. Res. 145) providing for the of administering the programs, distributing Mr. GOODLATTE. Mr. Speaker, I want to concurrence of the House with the grants and ensuring local education agency first congratulate the chairman on his dedica- amendment of the Senate to H.R. 914, (LEA) compliance with the law will be borne tion to this important issue and his hard work with amendments. solely by the SEA. The Clerk read as follows: toward crafting a bill that will help schools im- In addition, the proposed legislation di- H. RES. 145 rects the states to implement the following prove the quality of education for students with disabilities. Resolved, That upon the adoption of this new programs: (1) Include disabled students resolution the bill (H.R. 914), to make cer- in all state-wide assessments by 1998 and to This bill includes a number of provisions tain technical corrections in the Higher Edu- develop alternatives for students unable to that I strongly support. It streamlines and con- cation Act of 1965 relating to graduation participate in regular exams by the year solidates the requirements that States must data disclosures, shall be considered to have 2000. (At the very least, this mandate will in- meet for individualized education plans, allows been taken from the Speaker’s table to the crease state assessment costs by 12%, the na- parents to participate in all IEP decisions, end that the Senate amendments thereto be, tional average of disabled students in the and the same are hereby, agreed to with general school population); (2) Establish and guarantees that parents have access to all records relating to their children, and includes amendments as follows: operate a mediation system for use by LEAs Insert before section 1 the following: a number of provisions to limit attorney's fees and parents; (3) Develop and implement state TITLE I—TECHNICAL AMENDMENTS performance goals and indicators for dis- and reduce litigation. Redesignate sections 1 through 5 as sec- abled students. While I support most of the provisions in this The states are responsible for all of the tions 101 through 105, and at the end of the bill, I am deeply concerned that in an effort to bill add the following: costs incurred by creating and maintaining reach a compromise with the administration, the above programs. The federal government SEC. 106. PAYMENTS RELATING TO FEDERAL this bill includes language that tramples the PROPERTY. is providing absolutely no new financial as- Section 8002(i) of the Elementary and Sec- sistance to help offset these expenses. rights of States and localities to ensure safety The reduction of the state set-aside se- and discipline in their classrooms. ondary Education Act of 1965 (20 U.S.C. verely undermines the historic federal, state The bill includes a provision that effectively 7702(i)) is amended to read as follows: ‘‘(i) PRIORITY PAYMENTS.— and local partnership and 20-year old cost- overturns a recent Federal Appeals Court de- ‘‘(1) IN GENERAL.—Notwithstanding sub- sharing arrangement that have worked so cision allowing States to suspend or expel dis- section (b)(1)(B), and for any fiscal year be- well in delivering a free, appropriate public abled students for criminal or other serious ginning with fiscal year 1997 for which the education to disabled students. We urge you misconduct when the action is unrelated to amount appropriated to carry out this sec- to amend the IDEA compromise agreement tion exceeds the amount so appropriated for by allowing funding increases of up to 5% an- their disability. The administration's policy, fiscal year 1996— nually for state administration. which not only exceeds the mandate of IDEA, ‘‘(A) the Secretary shall first use the ex- Sincerely, sets a glaring double standard by establishing cess amount (not to exceed the amount equal BRENDA L. WELBURN, two discipline codesÐone for disabled stu- to the difference of (i) the amount appro- Executive Director. dents and another for nondisabled students. priated to carry out this section for fiscal Mr. GILMAN. Mr. Speaker, I rise today in Including this provision in the bill ties the year 1997, and (ii) the amount appropriated support of the Individuals With Disabilities hands of States and localities when it comes to carry out this section for fiscal year 1996) Education Improvement Act, H.R. 5, and com- to effectively disciplining students. to increase the payment that would other- mend its sponsor, the distinguished chairman While I believe that the overall bill is good wise be made under this section to not more of the Committee on Education and the for disabled students, good for parents and than 50 percent of the maximum amount de- Workforce, Mr. GOODLING, and the chairman of teachers, and good for the American tax- termined under subsection (b) for any local the Subcommittee on Early Childhood, Youth payers, it would have been a great deal better educational agency described in paragraph (2); and and Families, Mr. RIGGS, for their diligent work had this provision not been included. With ‘‘(B) the Secretary shall use the remainder in bringing this important bipartisan legislation that, I yield back the balance of my time. of the excess amount to increase the pay- to the floor. Mr. GOODLING. Mr. Speaker, I yield ments to each eligible local educational This measure effectively incorporates nu- back the balance of my time. agency under this section. merous initiatives that have been proposed by The SPEAKER pro tempore. The ‘‘(2) LOCAL EDUCATIONAL AGENCY DE- educators and school board members in my question is on the motion offered by SCRIBED.—A local educational agency de- district. This bill seeks to give the classroom the gentleman from Pennsylvania [Mr. scribed in this paragraph is a local edu- teacher the ability to maintain adequate dis- GOODLING] that the House suspend the cational agency that— cipline with regard to special education stu- rules and pass the bill, H.R. 5, as ‘‘(A) received a payment under this section dents. While previous law prohibited a school for fiscal year 1996; amended. ‘‘(B) serves a school district that contains from suspending or expelling a disabled stu- The question was taken. all or a portion of a United States military dent for more than 10 days, except in the situ- Mr. GOODLING. Mr. Speaker, on that academy; ation where the student has brought a gun to I demand the yeas and nays. ‘‘(C) serves a school district in which the school, this bill provides for removal to an al- The yeas and nays were ordered. local tax assessor has certified that at least ternative placement for students who bring The SPEAKER pro tempore. Pursu- 60 percent of the real property is federally weapons to school, bring illegal drugs to ant to clause 5 of rule I and the Chair’s owned; and school, or illegally distribute drugs in schools, prior announcement, further proceed- ‘‘(D) demonstrates to the satisfaction of students who engage in assault or battery and ings on this motion will be postponed. the Secretary that such agency’s per-pupil revenue derived from local sources for cur- students, who by proof of substantial evidence f rent expenditures is not less than that reve- present a danger to himself or others. I be- GENERAL LEAVE nue for the preceding fiscal year.’’. lieve that this bill effectively addresses that TITLE II—COST OF HIGHER EDUCATION issue of classroom safety, while still maintain- Mr. GOODLING. Mr. Speaker, I ask REVIEW ing protection for the students against arbitrary unanimous consent that all Members SEC. 201. SHORT TITLE; FINDINGS. placement changes. may have 5 legislative days within (a) SHORT TITLE.—This Act may be cited as Furthermore, this measure requires States which to revise and extend their re- the ‘‘Cost of Higher Education Review Act of to make mediation available to school authori- marks on H.R. 5. 1997’’. H2542 CONGRESSIONAL RECORD — HOUSE May 13, 1997

(b) FINDINGS.—The Congress finds the fol- be filled in the manner in which the original gress only if such recommendation is adopt- lowing: appointment was made. ed by a majority vote of the members of the (1) According to a report issued by the (h) PROHIBITION OF ADDITIONAL PAY.—Mem- Commission who are present and voting. General Accounting Office, tuition at 4-year bers of the Commission shall receive no addi- (3) EVALUATION OF DIFFERENT CIR- public colleges and universities increased 234 tional pay, allowances, or benefits by reason CUMSTANCES.—In making any findings under percent from school year 1980–1981 through of their service on the Commission. Members subsection (a) of this section, the Commis- school year 1994–1995, while median house- appointed from among private citizens of the sion shall take into account differences be- hold income rose 82 percent and the cost of United States may be allowed travel ex- tween public and private colleges and univer- consumer goods as measured by the penses, including per diem, in lieu of subsist- sities, the length of the academic program, Consumer Price Index rose 74 percent over ence, as authorized by law for persons serv- the size of the institution’s student popu- the same time period. ing intermittently in the government service lation, and the availability of the institu- (2) A 1995 survey of college freshmen found to the extent funds are available for such ex- tion’s resources, including the size of the in- that concern about college affordability was penses. stitution’s endowment. the highest it has been in the last 30 years. (i) INITIAL MEETING.—The initial meeting SEC. 205. POWERS OF COMMISSION. (3) Paying for a college education now of the Commission shall occur within 40 days (a) HEARINGS.—The Commission may, for ranks as one of the most costly investments after the date of enactment of this Act. the purpose of carrying out this Act, hold for American families. SEC. 204. FUNCTIONS OF COMMISSION. such hearings and sit and act at such times SEC. 202. ESTABLISHMENT OF NATIONAL COM- (a) SPECIFIC FINDINGS AND RECOMMENDA- and places, as the Commission may find ad- MISSION ON THE COST OF HIGHER TIONS.—The Commission shall study and visable. EDUCATION. make findings and specific recommendations (b) RULES AND REGULATIONS.—The Commis- There is established a Commission to be regarding the following: sion may adopt such rules and regulations as known as the ‘‘National Commission on the (1) The increase in tuition compared with may be necessary to establish the Commis- Cost of Higher Education’’ (hereafter in this other commodities and services. sion’s procedures and to govern the manner Act referred to as the ‘‘Commission’’). (2) Innovative methods of reducing or sta- of the Commission’s operations, organiza- SEC. 203. MEMBERSHIP OF COMMISSION. bilizing tuition. tion, and personnel. (a) APPOINTMENT.—The Commission shall (3) Trends in college and university admin- (c) ASSISTANCE FROM FEDERAL AGENCIES.— be composed of 7 members as follows: istrative costs, including administrative (1) INFORMATION.—The Commission may re- (1) Two individuals shall be appointed by staffing, ratio of administrative staff to in- quest from the head of any Federal agency or the Speaker of the House. structors, ratio of administrative staff to instrumentality such information as the (2) One individual shall be appointed by the students, remuneration of administrative Commission may require for the purpose of Minority Leader of the House. staff, and remuneration of college and uni- this Act. Each such agency or instrumental- (3) Two individuals shall be appointed by versity presidents or chancellors. ity shall, to the extent permitted by law and the Majority Leader of the Senate. (4) Trends in (A) faculty workload and re- subject to the exceptions set forth in section (4) One individual shall be appointed by the muneration (including the use of adjunct 552 of title 5, United States Code (commonly Minority Leader of the Senate. faculty), (B) faculty-to-student ratios, (C) referred to as the Freedom of Information (5) One individual shall be appointed by the number of hours spent in the classroom by Act), furnish such information to the Com- Secretary of Education. faculty, and (D) tenure practices, and the im- mission, upon request made by the Chair- (b) ADDITIONAL QUALIFICATIONS.—Each of pact of such trends on tuition. person of the Commission. the individuals appointed under subsection (5) Trends in (A) the construction and ren- (2) FACILITIES AND SERVICES, PERSONNEL DE- (a) shall be an individual with expertise and ovation of academic and other collegiate fa- TAIL AUTHORIZED.—Upon request of the experience in higher education finance (in- cilities, and (B) the modernization of facili- Chairperson of the Commission, the head of cluding the financing of State institutions of ties to access and utilize new technologies, any Federal agency or instrumentality shall, higher education), Federal financial aid pro- and the impact of such trends on tuition. to the extent possible and subject to the dis- grams, education economics research, public (6) The extent to which increases in insti- cretion of such head— or private higher education administration, tutional financial aid and tuition discount- (A) make any of the facilities and services or business executives who have managed ing have affected tuition increases, including of such agency or instrumentality available successful cost reduction programs. the demographics of students receiving such to the Commission; and (c) CHAIRPERSON AND VICE CHAIRPERSON.— aid, the extent to which such aid is provided (B) detail any of the personnel of such The members of the Commission shall elect to students with limited need in order to at- agency or instrumentality to the Commis- a Chairperson and a Vice Chairperson. In the tract such students to particular institu- sion, on a nonreimbursable basis, to assist absence of the Chairperson, the Vice Chair- tions or major fields of study, and the extent the Commission in carrying out the Commis- person will assume the duties of the Chair- to which Federal financial aid, including sion’s duties under this Act. person. loan aid, has been used to offset such in- (d) MAILS.—The Commission may use the (d) QUORUM.—A majority of the members of creases. United States mails in the same manner and the Commission shall constitute a quorum (7) The extent to which Federal, State, and under the same conditions as other Federal for the transaction of business. local laws, regulations, or other mandates agencies. (e) APPOINTMENTS.—All appointments contribute to increasing tuition, and rec- (e) CONTRACTING.—The Commission, to under subsection (a) shall be made within 30 ommendations on reducing those mandates. such extent and in such amounts as are pro- days after the date of enactment of this Act. (8) The establishment of a mechanism for a vided in appropriation Acts, may enter into In the event that an officer authorized to more timely and widespread distribution of contracts with State agencies, private firms, make an appointment under subsection (a) data on tuition trends and other costs of op- institutions, and individuals for the purpose has not made such appointment within such erating colleges and universities. of conducting research or surveys necessary 30 days, the appointment may be made for (9) The extent to which student financial to enable the Commission to discharge the such officer as follows: aid programs have contributed to changes in Commission’s duties under this Act. (1) The Chairman of the Committee on tuition. (f) STAFF.—Subject to such rules and regu- Education and the Workforce may act under (10) Trends in State fiscal policies that lations as may be adopted by the Commis- such subsection for the Speaker of the House have affected college costs. sion, and to such extent and in such amounts of Representatives. (11) The adequacy of existing Federal and as are provided in appropriation Acts, the (2) The Ranking Minority Member of the State financial aid programs in meeting the Chairperson of the Commission shall have Committee on Education and the Workforce costs of attending colleges and universities. the power to appoint, terminate, and fix the may act under such subsection for the Mi- (12) Other related topics determined to be compensation (without regard to the provi- nority Leader of the House of Representa- appropriate by the Commission. sions of title 5, United States Code, govern- tives. (b) FINAL REPORT.— ing appointments in the competitive service, (3) The Chairman of the Committee on (1) IN GENERAL.—Subject to paragraph (2), and without regard to the provisions of chap- Labor and Human Resources may act under the Commission shall submit to the Presi- ter 51 and subchapter III of chapter 53 of such such subsection for the Majority Leader of dent and to the Congress, not later than 120 title, or of any other provision, or of any the Senate. days after the date of the first meeting of other provision of law, relating to the num- (4) The Ranking Minority Member of the the Commission, a report which shall con- ber, classification, and General Schedule Committee on Labor and Human Resources tain a detailed statement of the findings and rates) of an Executive Director, and of such may act under such subsection for the Mi- conclusions of the Commission, including additional staff as the Chairperson deems ad- nority Leader of the Senate. the Commission’s recommendations for ad- visable to assist the Commission, at rates (f) VOTING.—Each member of the Commis- ministrative and legislative action that the not to exceed a rate equal to the maximum sion shall be entitled to one vote, which Commission considers advisable. rate for level IV of the Executive Schedule shall be equal to the vote of every other (2) MAJORITY VOTE REQUIRED FOR REC- under section 5332 of such title. member of the Commission. OMMENDATIONS.—Any recommendation de- SEC. 206. EXPENSES OF COMMISSION. (g) VACANCIES.—Any vacancy on the Com- scribed in paragraph (1) shall be made by the There are authorized to be appropriated to mission shall not affect its powers, but shall Commission to the President and to the Con- pay any expenses of the Commission such May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2543 sums as may be necessary not to exceed education when they need it. Some manage to hold cost increases to a rea- $650,000. Any sums appropriated for such pur- would go to college for undergraduate sonable level. poses are authorized to remain available or graduate degrees. Others would The Cost of Higher Education Review until expended, or until one year after the choose to go to school or go back to termination of the Commission pursuant to Act contained in H.R. 914 will establish section 207, whichever occurs first. school for much shorter periods of time a commission on the cost of higher SEC. 207. TERMINATION OF COMMISSION. in order to improve or upgrade their education. This commission will have a The Commission shall cease to exist on the schools for a better job and a better fu- very short life span. Over a 4-month pe- date that is 60 days after the date on which ture. Many could just take a class or riod the commission will study the rea- the Commission is required to submit its two from home over the Internet. But sons why tuitions have risen so quickly final report in accordance with section I want to see every American who so and dramatically, and report on what 204(b). chooses have the option of receiving a schools, the administration and the The SPEAKER pro tempore (Mr. quality education at an affordable Congress can do to stabilize or reduce LAHOOD). Pursuant to the rule, the price. tuitions. gentleman from California [Mr. As my colleagues know, the Sub- There is a great deal of conflicting MCKEON] and the gentleman from committee on Postsecondary Edu- information around the country with Michigan [Mr. KILDEE] each will con- cation, Training and Life-Long Learn- respect to college costs. This commis- trol 20 minutes. ing has already begun the process of re- sion will be comprised of seven individ- The Chair recognizes the gentleman authorizing the Higher Education Act, uals with expertise in business and from California [Mr. MCKEON]. which will provide $35 billion in stu- business cost reduction programs, eco- Mr. MCKEON. Mr. Speaker, I yield dent financial aid this year alone. We nomics, and education administration. myself such time as I may consume. have been holding hearings around the Their job will be to analyze this infor- Mr. Speaker, I rise today in support country on the reauthorization of the mation and give us a true picture of of H.R. 914. H.R. 914 was originally Higher Education Act, and a consistent why costs continue to outpace infla- passed by the House of Representatives question we get from students and par- tion and what can be done to stop this on March 11, 1997, under suspension of ents is why is college so expensive and trend. the rules. It made two simple amend- why are college prices rising so quick- Members of the commission will be ments to the student right to know ly. appointed by the House and Senate provisions of the Higher Education However, my interest in higher edu- leadership and the Secretary of Edu- Act. These amendments changed the cation goes well beyond the role I play cation. The commission will have 4 date for which schools had to report as chairman of that subcommittee. I months to perform its duties. The com- graduation rates in order to lessen the am a parent and a grandparent, and I mission will then sunset within 2 reporting requirements faced by know students who are pursuing or will months of finishing its job. The cost schools while improving the quality of pursue a postsecondary education. I for this commission will not exceed information that students would re- have constituents, students and par- $650,000. ceive. ents, who are worried about their abili- Mr. Speaker, as I noted earlier, this On April 16, 1997, the Senate passed ties to afford a college education. year we will be reauthorizing the High- H.R. 914 after adding impact aid tech- Historically, the cost of getting a er Education Act, which will provide nical amendments to the legislation. postsecondary education has increased $35 billion this year alone in Federal Those amendments would: extend the at a rate slightly above the cost of liv- student financial aid. As we go through deadline for filing for equalized States ing. However, a recent General Ac- this process, our goals will be to make which deduct impact aid revenue in counting Office report tells us that higher education more affordable, sim- their computation of general State aid over the last 15 years the price of at- plify the student aid system, and stress for education; extend the hold harmless tending a 4-year public college has in- academic quality. for section 8002 payments for property creased over 234 percent while the me- In order to update and improve the to cover fiscal years 1997 through the dian household income has risen by year 2000; and add expenditure data as Higher Education Act in a way that only 82 percent and the CPI only 74 per- truly helps parents and students, a a factor to be considered when deter- cent. A recent survey of college fresh- mining a school district’s financial thorough understanding of tuition men found that concern over college trends will be essential. The Cost of profile under the section of the law, affordability is at a 30-year high. Par- 8003(f), dealing with heavily impacted Higher Education Review Act will give ents and students across the country us that information and shed light on a school districts. are understandably worried about the Today, we are again considering H.R. topic which is of utmost concern to our rising cost of higher education. constituents. I urge my colleagues to 914 under suspension of the rules. The In order to control the cost of obtain- join me in this effort, and I urge a legislation before us today includes the ing a postsecondary education, parents, ‘‘yes’’ vote on H.R. 914. impact aid technical amendments students, and policymakers must work Mr. Speaker, I reserve the balance of passed by the other body and one addi- together with colleges and universities my time. tional impact aid technical amendment to slow tuition inflation, or for many added by the House to clarify that ap- Americans college will become Mr. KILDEE. Mr. Speaker, I yield propriations over and above the unaffordable. myself such time as I may consume. amount appropriated for section 8002 That is not to say that there are not Mr. Speaker, at the hearing on the for fiscal year 1997 are to be distributed affordable schools. There are some af- costs of higher education, I expressed to all eligible school districts. How- fordable schools and there are college deep concern over the rising costs of a ever, it also includes one more very im- presidents who are committed to keep- college education. At that time I also portant piece of legislation. H.R. 914, as ing costs low. There are schools that expressed concern that we avoid Fed- it is before us today, includes the Cost are trying very innovative things to re- eral intrusion into the day-to-day oper- of Higher Education Review Act of duce tuition prices. ations of American higher education. 1997. I would like to focus my remarks As I see it, our job is to work with our b on these very important provisions. 1515 colleges as they, and not we, seek to In today’s technology and informa- However, the trend in higher edu- bring costs under control. I do not be- tion-based economy, getting a high cation pricing is truly alarming. This lieve that the American people want quality postsecondary education is trend is especially alarming in that it the Federal Government to step into more important than ever. For many only seems to apply to higher edu- the management of our colleges and Americans it is the key to the Amer- cation. There are many endeavors and universities, and I for one would oppose ican dream. many businesses that must keep pace any such move. Let me tell my colleagues how I see with changing technologies and Fed- I voted to report this legislation out higher education in the future. I would eral regulations. However, in order to of committee and shall vote for its pas- hope that men and women, young and stay affordable to their customers and sage today. I do so, however, with both old, will have access to postsecondary stay competitive in the market, they concerns and misgivings. H2544 CONGRESSIONAL RECORD — HOUSE May 13, 1997 I believe, for example, that the exec- ing the 104th Congress, we modified that, beginning in the fiscal year 1997, utive branch should have equal rep- this section to allow schools to use priority payments for amounts appro- resentation on the commission. Exam- data from 2 years prior instead of rely- priated above the appropriated level ining the costs of a college education is ing on current year data which delayed for section 8002 for 1996 shall be made not a partisan issue, and I fear that not payments for an extended period of to a local education agency which giving the executive branch equal par- time. However, in revising this section, meets certain specified criteria, not to ticipation gives the commission a pos- the use of expenditure data was not in- exceed 50 percent of their maximum sible partisan tinge it should not have. cluded accidentally. This provision payment. The Secretary shall then use I also believe that we are asking the simply adds that expenditure data to any funds in excess of this amount, commission to issue a final report in the financial pool. plus any additional amounts appro- too short a time. The issues to be ad- These are the impact aid changes priated for fiscal year 1998 and succeed- dressed by the commission are very contained in the Senate bill. One addi- ing years to increase payments to each complex, and I am not at all sure that tional technical amendment has been eligible school educational agency we can get the substantive answers we added, and this amendment clarifies under this section. are seeking in a 4-month period. that funds over and above the amount Mrs. KELLY. This section will in no Despite these and other reservations, necessary to ensure that the Highland way result in any reductions in funding Mr. Speaker, I am willing to give the Falls School District receives at least to the local education agency described gentleman from California [Mr. one-half of the amount they would re- in paragraph 2 of section 8002(i)? MCKEON], my very good friend, and ceive under section 8002 if the program Mr. GOODLING. The gentlewoman is chairman of the Subcommittee on was fully funded is to be distributed to correct. The only way such payments Postsecondary Education, Training and all eligible school districts. would be reduced would be if appropria- Life-Long Learning, the benefit of the In addition to the impact aid amend- tions fell to or below the amount ap- doubt, and not to oppose adding this ments, we have added language from propriated in 1996. legislation to H.R. 914. H.R. 1511 which the Committee on Edu- Mrs. KELLY. With that understand- Mr. Speaker, I reserve the balance of cation and the Workforce reported last ing, I thank the gentleman. my time. week. The language we have included Mr. KILDEE. Mr. Speaker, I yield 2 Mr. McKEON. Mr. Speaker, I yield 5 authorizes the creation of a commis- minutes to the gentleman from Guam minutes to the gentleman from Penn- sion to review college costs. This bipar- [Mr. UNDERWOOD]. sylvania [Mr. GOODLING], the chairman tisan effort reflects a common goal of Mr. UNDERWOOD. I thank the gen- of the full committee. Members of this body. We want college tleman for yielding me this time. Mr. GOODLING. I thank the gen- to be affordable for students and fami- Mr. Speaker, I rise in support of H.R. tleman for yielding me the time. lies across the country. 914 and in particular the inclusion of Mr. Speaker, I rise in support of H.R. The only answer we keep getting H.R. 1511 which establishes a commis- 914, which makes a technical correc- from the college presidents and univer- sion to study the costs of higher edu- tion to the student right-to-know pro- sity presidents is that they have to in- cation. visions of the Higher Education Act, crease their costs because they keep As pointed out by the chairman, a re- includes technical amendments to the giving more money of their own to stu- cently released GAO report found that impact aid program, and authorizes the dents in need. That is called sticker the price of a 4-year public institution timely creation of a commission to re- price and discount price. I do not know has increased by 234 percent in the past view the costs of higher education. what role we play in that on the Fed- 15 years. I urge Members to support The House passed the technical eral level. All I know is that when one this commission so that as a body we amendments to the student right-to- college eliminated their discounted are well informed about the many fac- know provision of the Higher Edu- price and stuck to their sticker price, tors which contribute to the increased cation Act in March. The Senate then they lowered tuition for everybody, price of college. added several amendments dealing and in doing that, they had more stu- As a former college administrator, I with impact aid funds. dents than they had room for. I think can tell my colleagues that the issues The first provision amends the provi- all colleges can take a hint. surrounding the price of tuition are sions of the impact aid law dealing I am happy to see that we are finding complex and establishing a commission with equalized States. Current law re- that they are getting costs under con- dedicated to studying this issue will be quires such States to file notices of in- trol. I believe they are down closer to very helpful. More importantly, this tent to deduct impact aid revenue in 6 and 7 percent. I think they can still commission will report back to Con- their computation of general State aid do better. gress and the administration to provide by March 3, 1997. Several States missed Mrs. KELLY. Mr. Speaker, will the suggestions on how to stabilize tuition the filing deadline, and the Department gentleman yield? rates. Many proposals have come forth of Education does not have the author- Mr. GOODLING. I yield to the gentle- from this Congress to help families pay ity to waive the statutory filing dead- woman from New York. for these increasing costs, but few if line. This amendment provides such Mrs. KELLY. Mr. Speaker, could the any have attempted to deal directly authority, but I would caution States, gentleman from Pennsylvania [Mr. with the institutions themselves. It is all 50, not to miss the deadline again. GOODLING], the chairman of the full at the institutional level rather than It is entirely too expensive for States committee, clarify the intent of sec- in the Tax Code that I believe this to take that risk. tion 106? Am I correct in understanding problem will be successfully addressed. The second amendment extends the that this section merely clarifies that Extravagant tuition increases become hold-harmless provision for section the difference in funding for section not only an economic problem for indi- 8002, Federal property payments, to 8002 between the amount appropriated vidual families but a social problem for cover fiscal years 1997 through 2000. in fiscal years 1996 and 1997 will first be entire communities and our Nation as Due to a formula change in the 1994 Im- used to pay 50 percent of the maximum a whole. When tuition increases as proving America’s Schools Act, the De- amount for any school district de- drastically as it has, more and more partment of Education has not been scribed in paragraph 2 of section 8002(i), students are left behind, students who able to determine exact payments. Ex- and that any remaining funds plus any otherwise would be attending college. tending the hold-harmless at the fiscal additional amounts appropriated for If the current trend continues, only the year 1997 level through fiscal year 2000 fiscal year 1998 and succeeding years very wealthy will be able to afford col- will allow this issue to be reviewed as will then be distributed to increase lege and lower income families will not part of the next review of the Elemen- payments to other school districts have the educational tools with which tary and Secondary Education Act. which qualify under 8002? to compete in the work force of the The third amendment adds an impor- Mr. GOODLING. The gentlewoman is 21st century, and we will all suffer. The tant factor to a school district’s finan- correct. Section 106 of the bill amends commission will cost relatively little cial profile for purposes of payments to section 8002(i) of the Elementary and and provide valuable information heavily impacted school districts. Dur- Secondary Education Act to clarify which will help us address this growing May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2545 problem. I urge my colleagues to sup- These are the kinds of questions that pert recommendations by an independ- port the bill. deserve our answers. These are the ent nonpartisan commission on what As a former college administrator, I kinds of questions that must be an- can be done to address rising college can help explain these tuition costs as swered before we reauthorize the High- costs. needed and justifiable. As a parent, I er Education Act. Mr. Speaker, I urge my fellow House feel helpless on the onslaught of tui- Members to support H.R. 914. b 1530 tion increases beyond inflation. But as Mr. KILDEE. Mr. Speaker, I yield 3 Members of Congress, we must respond Mr. MCKEON. Mr. Speaker, I yield 1 minutes to the gentleman from Ten- intelligently to this situation which minute to the gentleman from Kansas nessee [Mr. FORD]. impacts on our growth, and this legis- [Mr. TIAHRT]. Mr. FORD. Mr. Speaker, today I rise lation does exactly that. Mr. TIAHRT. Mr. Speaker, I rise to voice my strong support for the Mr. MCKEON. Mr. Speaker, I yield 1 today to urge support of H.R. 914 and Costs of Higher Education Review Act minute to the gentleman from Ne- would like to congratulate the gen- of 1997, a commission which will create braska [Mr. BARRETT], a member of the tleman from Pennsylvania [Mr. GOOD- a short-term commission to study the committee. LING] and the gentleman from Califor- reasons for the constant increases in Mr. BARRETT of Nebraska. I thank nia [Mr. MCKEON] for bringing this leg- the costs of postsecondary education. the gentleman for yielding me this islation to the floor. Unlike the au- As we embark upon a debate over the time. thorization of the seven-member panel reauthorization of the Higher Edu- Mr. Speaker, while this bill makes of experts to examine exploding costs cation Act, the hard work and findings several technical corrections to al- of higher education, the work of this of this commission could be invaluable ready existing law, I want to speak to panel will provide important informa- to our efforts, Mr. Speaker. The ines- one provision that creates the National tion as we strive to make a college edu- capable reality is we need to find ways Commission on the Cost of Higher Edu- cation an affordable reality for Amer- to ensure that colleges, universities, cation. Normally I am not particularly ican students and their families. This and vocational institutions remain af- thrilled with the establishment of new legislation also contains language fordable for all Americans. Anything commissions since they tend to take a which is necessary for the States of less and this Nation’s young people will little too long to complete their work Kansas and New Mexico to count the not be prepared to confront and over- and very often their recommendations Federal impact aid they receive as part come the challenges of the high-tech- have little or no impact on our delib- of their overall State education budget. nology skills-dependent workplace of erations. However, in this case, the This will save the State of Kansas $6.5 the 21st century. $650,000 expenditure of already appro- million this year alone. This technical The need for cost containment is priated funds for this commission and correction will result in no costs to the real. In fact, over the last several the fact that it must provide Congress Federal Government. It simply allows months I have had numerous students with its recommendations within 4 Kansas to recognize the Federal impact and parents, as I would surmise many of my colleagues around the Nation months means that Congress will have aid it receives as part of the State’s have had, in Memphis voice their con- an opportunity to review the rec- overall education budget. cerns over the cost of college, the ris- ommendations during our consider- Mr. Speaker, this provision has been ing costs of college. Several young peo- ation of the Higher Education Act. As approved by the members of the Com- ple in my district who have decided to the gentleman from California [Mr. mittee on Education and the Workforce pursue a postsecondary education and MCKEON], the chairman, has already and passed by unanimous consent in are doing extremely well in the class- mentioned, since 1980 the cost of 4-year the Senate. I appreciate the assistance room are nevertheless facing the pros- public colleges and universities has in- of the gentleman from Pennsylvania creased by 234 percent and the tuition pect of having to take a semester off or [Mr. GOODLING] and the gentleman at private 4-year institutions is already drop out altogether because they can- from California [Mr. MCKEON] for in- not qualify for loans, and/or their Pell increasing at a rate of about 8 percent cluding this provision for the State of or school-based grants are insufficient annually. Yet the causes for these in- Kansas, and I urge the passage of H.R. creased tuition costs and whether the to cover the costs of tuition, room and 914. board, and books. It is our duty as pub- Federal policies or programs contrib- Mr. KILDEE. Mr. Speaker, I yield 1 ute are very complex and they deserve lic policymakers to do all that we can minute to the gentleman from Min- study. I recommend the study and I to make sure that young people like nesota [Mr. LUTHER]. recommend the adoption of H.R. 914. those in my district who have worked Mr. LUTHER. Mr. Speaker, I com- Mr. MCKEON. Mr. Speaker, I yield 1 hard, played by the rules and stayed in mend the gentleman from California minute to the gentleman from Georgia school, that they have a meaningful [Mr. MCKEON] and the gentleman from [Mr. DEAL], a member of the commit- opportunity to pursue a postsecondary tee. Michigan [Mr. KILDEE] for their excel- education. I am confident that if we Mr. DEAL of Georgia. Mr. Speaker, I lent work on this legislation. Today work together Congress, the President, thank the gentleman for yielding me Congress has the opportunity to take higher education administrators, par- this time, and I commend the gen- an important bipartisan step in ad- ents, and students can find the will and tleman and the staff for their fine work dressing an issue which affects so many the way to open and keep open the in the bringing of this bill to the floor. American families, the rising costs of doors of educational opportunity for all I, too, like the speaker who preceded higher education. There is perhaps no Americans. me, am not particularly fond of com- long-term issue more important to our Mr. MCKEON. Mr. Speaker, I yield 2 missions, but this one is of short dura- Nation than providing Americans op- minutes to the gentleman from Dela- tion, 4 months, and will address some portunities within our educational sys- ware [Mr. CASTLE], the former Gov- very serious issues that we need to be tem. ernor. concerned about. Shortly after I arrived in Congress Mr. CASTLE. Mr. Speaker, I thank We are spending $35 billion in Federal just 2 years ago, I, along with other the gentleman from California for aid this year for student aid programs, concerned Members of the House, made yielding the time. I want to make it but we also know that for many stu- a bipartisan request that the GAO in- clear from the beginning that I am a dents who are graduating that the cost vestigate the recent history of in- strong supporter of higher education. of loan repayments is a significant bur- creases in college and university costs. The productivity and performance of den that they will face in the near fu- The results of their report were dis- our economy is inextricably entwined ture. This commission has some impor- turbing: a 234 percent increase in the with the investments in education that tant questions to answer: What is the cost of attending a 4-year public col- we individually and collectively make role of the Federal Government? Do we lege over the last 15 years, placing a as a nation. Clearly, higher education have a role? What can we do? Are there college education and the American is a valuable commodity, and it be- regulatory reforms that are called for dream out of reach for many Ameri- hooves us to make it readily available that will slow down or reduce the cost cans. The legislation before us today to our young people, our veterans, and of rising tuition? will allow Congress the benefit of ex- to all Americans. H2546 CONGRESSIONAL RECORD — HOUSE May 13, 1997 Put simply, I want everyone who pos- costs have again increased at about can get the results back in time to use sibly can to have the opportunity to two to three times the increase in the them for the higher ed reauthorization. pursue higher education, but I fear median income. Mr. FAWELL. Mr. Speaker, I rise in support that college may be eluding many So how can individuals afford a high- of the Impact Aid Technical Amendments to Americans because of the costs of at- er education? They cannot afford to go H.R. 914. I have long been a supporter of the tending. College tuition is one of the to school; they cannot afford not to go Impact Aid Program, and I believe these most important determinants of stu- to school. They are in a bind. What amendments add necessary clarifications to dent access. Unfortunately, it has been happens? More and more often, stu- ensure the integrity of the section 8002 fund- rising at an astronomical rate. Over dents are borrowing money, they are ing disbursement. the last 3 years tuition costs have been going into deep debt, and it is not un- As we all know, States and localities provide rising at roughly 6 percent or twice the usual today for a college student to approximately 94 percent of education funding rate of inflation, which is a vast im- graduate with a minimum of $10,000 in in the United States. The largest source of this provement over prior years. Years of personal indebtedness, but very, very funding is local property taxes. When a school unchecked growth and not entirely frequently considerably more: $20, $30, district loses 10 percent of its taxable property, necessary growth have left a legacy of $40, $50,000. This imposes a huge burden the local schools are severely impacted. In 1950, Congress responded to this prob- inefficiency in many of our colleges on their entire future. lem by creating the Impact Aid Program. The and universities which should be re- Mr. Speaker, at the very least we 1950 statute requires that the Federal Govern- viewed. should examine a number of issues, and ment reimburse each section 2 school district Mr. Speaker, H.R. 914 authorizes a I congratulate the gentleman from for each year in ``such amount as * * * is short-term commission to study the California on his initiative. This is nec- equal to the continuing Federal responsibility rising costs of higher education and to essary. All we are doing by this com- for the additional burden with respect to cur- mission is saying let us look at this recommend possible solutions. I would rent expenditures placed on such school dis- problem, let us find out why costs have hope that this commission focuses on trict by such acquisition of property.'' The increased two to three times the me- identifying plausible solutions rather meaning of this language is very clear to meÐ than identifying the problem. I think dian income, two to three times the the Department of Education should reimburse that anyone who has spent time look- cost of inflation, et cetera. We have got each section 2 school district by the amount ing at this issue knows what the prob- to do something. which the Federal presence negatively im- lem is and could identify causes. That Who is we? Everybody. We in the pacts the school district. is the easy part. The tough part is ask- Congress, yes, of course; in the States, My district in Illinois is home to a number of ing the tough questions and developing yes, of course; administrators at school districts eligible for assistance under creative and reasonable policies to fix school, yes; boards of trustees, fac- section 8002. These funds help guarantee that the problem. ulties, yes. The easy answer is to just the quality education they provide to their stu- Do colleges and universities need to say, well, increase tuition to whatever dents will not be adversely affected due to the examine and refine their mission? it might be because the students must loss of tax revenue on federally-owned prop- What is a critical mass of academic go to college and they will borrow erty. programs, of professors, of support more and more and more. They have Technical corrections authorization legisla- staff and of students necessary to sus- been doing this. We must bring that to tion enacted by Congress in 1996, had the im- tain a college or university as a viable a halt. We must analyze the possibility pact of directing a large portion of the Impact institution? What can colleges and uni- of tying future financial assistance to Aid section 8002 funds to one school district. versities learn from the numerous ex- some leveling off of these constant in- I am pleased at the way the House has cho- amples of corporate restructuring in creases in the costs of higher edu- sen to address this inequity. Technical amend- the 1980’s? Can they grow smaller with- cation. That is further than the bill ments enacted today will ensure that all funds out compromising the richness and goes, but it might well be necessary. appropriated to the Impact Aid section 8002 depth of their academic programs? Mr. Speaker, I applaud the gen- program will be allocated on the basis of the Should they carve out a niche and spe- tleman once again for his initiative, formula, ensuring that schools are allowed to cialize in a few areas? What exactly are and I urge everyone to support it. compete on a level playing field. I strongly the components of a quality education? Mr. KILDEE. Mr. Speaker, I have no support this provision which will ensure an eq- As a former Governor I know well the further requests for time, and I yield uitable disbursement of funds to all eligible challenges facing presidents of colleges back the balance of my time. schools who receive funds under section and universities who seek to restruc- Mr. MCKEON. Mr. Speaker, we have 8002. ture the system, make it more efficient no further speakers, but I yield myself I thank the chairman and ranking member and reduce costs while maintaining such time as I may consume to take for their work on this bill and urge Members to support from their constituencies pro- just a minute to thank those on the support H.R. 914. fessors, administrations, and students. other side who have been so helpful in Mr. MCKEON. Mr. Speaker, I have no further requests for time, and I yield It is no easy task, and I would urge us bringing us to this point. As my col- leagues know, we have been working on back the balance of my time. all to support the commission bill. The SPEAKER pro tempore (Mr. Mr. KILDEE. Mr. Speaker, I yield 3 this committee in a bipartisan nature. LAHOOD) The question is on the motion minutes to the gentleman from New The gentleman from Michigan [Mr. offered by the gentleman from Califor- York [Mr. LAFALCE]. KILDEE], the ranking member, has been nia [Mr. MCKEON] that the House sus- (Mr. LAFALCE asked and was given very supportive, even though he does pend the rules and agree to the resolu- permission to revise and extend his re- have some concerns on this. He has tion, H.Res. 145. worked with us to make this bill bet- marks.) The question was taken; and (two- Mr. LAFALCE. Mr. Speaker, today ter, to bring it to the floor, and sup- thirds having voted in favor thereof) higher education is a virtual necessity, ports it at this point. The gentleman the rules were suspended and the reso- but there is a tremendous difficulty in from Minnesota [Mr. LUTHER] has been lution was agreed to. achieving that necessity, and that is very helpful and very supportive on A motion to reconsider was laid on the significantly increased cost of this bill, and I would like to thank the table. higher education. If my colleagues go him, the gentleman from Tennessee f back over either a 10-year or a 20-year [Mr. FORD], and others. period, they will see that the costs of Once one starts naming names, it is a GENERAL LEAVE higher education have increased at danger because they always leave out Mr. MCKEON. Mr. Speaker, I ask both public and private colleges and some people that have been so helpful, unanimous consent that all Members universities at a rate of approximately but I would like to thank those Mem- may have 5 legislative days within two to three times that of the rate of bers and others who have been helpful, which to revise and extend their re- inflation. If my colleagues look at the and especially our staff who have marks on H.Res. 145. increase in the cost of higher education worked night and day to get this to The SPEAKER pro tempore. Is there and the increase in median income, this point, because it is urgent that we objection to the request of the gen- they will see that higher education get this bill passed quickly so that we tleman from California? May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2547 There was no objection. the races with the approval of the Ar- once again be over 50 participants from f chitect of the Capitol and the Capitol Washington, DC, and the surrounding commu- Police Board. nities of northern Virginia and Maryland partici- AUTHORIZING USE OF THE CAP- Mr. Speaker, for over 50 years the pating in the derby events. I am especially ITOL GROUNDS FOR GREATER soap box derby races have taken place pleased that boys and girls representing four WASHINGTON SOAP BOX DERBY in Washington, DC. It is truly an excit- of the five counties in my district will be com- Mr. KIM. Mr. Speaker, I move to sus- ing event for the family, and I support peting in this year's derby. pend the rules and agree to the concur- the resolution and urge my colleagues The Soap box Derby promotes a fun, posi- rent resolution (H. Con. Res. 49) au- to pass the resolution. tive and character-building activity for our thorizing the use of the Capitol Mr. Speaker, I reserve the balance of young people to participate in. At a time when grounds for the Greater Washington my time. our newspapers are filled with stories about Soap Box Derby. Mr. TRAFICANT. Mr. Speaker, I the transgressions and negative conduct of The Clerk read as follows: yield myself such time as I may our youth, and at a time when Congress has H. CON. RES. 49 consume. been forced to confront juvenile crime as an Resolved by the House of Representatives (the b 1545 issue of national scope and magnitude, it is Senate concurring), Mr. Speaker, I join the gentleman certainly a pleasure to be involved in an event SECTION 1. AUTHORIZATION OF SOAP BOX which provides a positive outlet for kids and from California [Mr. KIM] in supporting DERBY RACES ON CAPITOL teenagers from the region. GROUNDS. H. Con. Res. 49. I would like to just The Greater Washington Soap Box Derby compliment Rick Barnett and Susan I like to recall a statement made to me by Association (hereinafter in this resolution Brita, the staff, for all of the work they Ken Tomasello, director of the Greater Soap referred to as the ‘‘Association’’) shall be do on many of these things that are Box Derby Association, when I introduced the permitted to sponsor a public event, soap box first resolution authorizing the use of the Cap- derby races, on the Capitol grounds on July more laborious than seem to be sub- stantive, but they do serve a good pur- itol Grounds for this event. Ken said, in short, 12, 1997, or on such other date as the Speaker ``The derby doesn't keep kids off the street; it of the House of Representatives and the pose. President pro tempore of the Senate may The 1996 event produced three win- gives them a drug-free activity on the street.'' jointly designate. ners, who then went on to win the Na- The young people involved in this event SEC. 2. CONDITIONS. tional Derby held in Akron, OH. Two of spend many months preparing for this raceÐ The event to be carried out under this res- these winners were brother and sister. building their derby cars from the ground up. olution shall be free of admission charge to The Washington event has grown in The day they actually compete provides a the public and arranged not to interfere with size and now has become one of the genuine sense of accomplishment and cama- the needs of Congress, under conditions to be best attended in the country. raderieÐfor the participants, and their families prescribed by the Architect of the Capitol and friends alike. This worthwhile event also and the Capitol Police Board; except that the The derby organizers will work with Association shall assume full responsibility the Architect of the Capitol and the provides visitors to the Capitol and local resi- for all expenses and liabilities incident to all Capitol Police to ensure that appro- dents with a safe and enjoyable day of activi- activities associated with the event. priate rules and regulations are in ties. SEC. 3. STRUCTURES AND EQUIPMENT. place. It is a good initiative. I join Mr. I would like to take this opportunity to offer For the purposes of this resolution, the As- KIM in supporting it. my sincere congratulations to all of this year's sociation is authorized to erect upon the Mr. HOYER. Mr. Speaker, I rise enthusiasti- participants for their hard work and dedication Capitol grounds, subject to the approval of cally today in support of House Concurrent and I wish them all well in this year's race. the Architect of the Capitol, such stage, Resolution 49, a resolution authorizing the use Again, I want to thank the Transportation sound amplification devices, and other relat- of the grounds of the U.S. Capitol for a truly ed structures and equipment as may be re- Committee for its consistent support of the quired for the event to be carried out under wonderful and family-oriented event: the Greater Washington Soap Box Derby and I this resolution. Greater Washington Soapbox Derby. For the encourage all of my colleagues to attend this SEC. 4. ADDITIONAL ARRANGEMENTS. past 6 years, I have sponsored this legislation, year's race. The Architect of the Capital and the Cap- and I would like to offer my very sincere Mr. KIM. Mr. Speaker, I have no fur- itol Police Board are authorized to make any thanks to the chairman and ranking member ther requests for time, and I yield back such additional arrangements that may be of the Subcommittee on Public Buildings and the balance of my time. required to carry out the event under this Economic DevelopmentÐMr. KIM and Mr. resolution. Mr. TRAFICANT. Mr. Speaker, I TRAFICANTÐand to the chairman and ranking yield back the balance of my time. The SPEAKER pro tempore. Pursu- member of the full Committee on Transpor- The SPEAKER pro tempore (Mr. ant to the rule, the gentleman from tation and InfrastructureÐMr. SCHUSTER and LAHOOD). The question is on the mo- California [Mr. KIM] and the gentleman Mr. OBERSTARÐfor their commendable work in tion offered by the gentleman from from Ohio [Mr. TRAFICANT] each will bringing this legislation to the floor in so timely California [Mr. KIM] that the House control 20 minutes. a manner. suspend the rules and agree to the con- The Chair recognizes the gentleman This resolution authorizes the use of Con- current resolution, H. Con. Res. 49. from California [Mr. KIM]. stitution Ave. between Delaware Ave. and Mr. KIM. Mr. Speaker, I yield myself Third St. for the 56th running of the Greater The question was taken; and (two- such time as I may consume. Washington Soap box Derby on July 12, 1997. thirds having voted in favor thereof) Mr. Speaker, House Concurrent Reso- The competition is part of the All-American the rules were suspended and the con- lution 49 simply authorizes the use of Soap box Derby which will be held later this current resolution was agreed to. the Capitol grounds for the Greater year. A motion to reconsider was laid on Washington Soap Box Derby races to The resolution also authorizes the Architect the table. be held on July 12, 1997. This free event of the Capitol and the Capitol Police to nego- is sponsored by the All American Soap tiate a licensing agreement with the Greater f Box Derby and its local affiliate, the Washington Soap Box Derby Association en- Greater Washington Soap Box Derby suring full compliance with the rules and regu- GENERAL LEAVE Association. Its participants are young lations governing use of the Capitol Grounds. girls and boys from 9 to 16 who reside I am happy once again to have the support Mr. KIM. Mr. Speaker, I ask unani- in the greater Washington metropoli- of Members from the Washington metropolitan mous consent that all Members may tan area. Winners in the various age region as cosponsors. Ms. NORTON, Mr. have 5 legislative days within which to groups will advance to the national MORAN, Mr. WOLF, Ms. MORELLA, and Mr. revise and extend their remarks and in- championship in Akron, OH. Pursuant WYNN have been enthusiastic supporters in clude extraneous material on House to this resolution the association will years past and they are again this year. Concurrent Resolution 49. assume full responsibility for any ex- This event provides young boys and girls, The SPEAKER pro tempore. Is there penses or any liability related to the ages 9 to 16, with an invaluable opportunity to objection to the request of the gen- event. This association also agrees to develop and practice both good sportsmanship tleman from California? make any necessary arrangements for and engineering skill. This year, there will There was no objection. H2548 CONGRESSIONAL RECORD — HOUSE May 13, 1997 AUTHORIZING USE OF CAPITOL This is a fitting tribute to the men Mr. TRAFICANT. Mr. Speaker, I GROUNDS FOR NATIONAL PEACE and women who gave their lives for our yield back the balance of my time. OFFICERS’ MEMORIAL SERVICE lives. I support this measure, and I The SPEAKER pro tempore. The Mr. KIM. Mr. Speaker, I move to sus- urge my colleagues to support this res- question is on the motion offered by pend the rules and agree to the concur- olution. the gentleman from California [Mr. rent resolution (H. Con. Res. 66) au- Mr. TRAFICANT. Mr. Speaker, I KIM] that the House suspend the rules thorizing the use of the Capitol yield myself such time as I may and agree to the concurrent resolution, Grounds for the 16th annual National consume. House Concurrent Resolution 66. Peace Officers’ Memorial Service. I want to join with the gentleman The question was taken; and (two- The Clerk read as follows: from California [Mr. KIM] in supporting thirds having voted in favor thereof) H. Con. Res. 66. Sadly, this event has H. CON. RES. 66 the rules were suspended and the con- become a tradition during which fami- Resolved by the House of Representatives (the current resolution was agreed to. Senate concurring), lies, friends, and fellow officers gather A motion to reconsider was laid on SECTION 1. USE OF CAPITOL GROUNDS FOR NA- to honor the lives and sacrifices of the table. TIONAL PEACE OFFICERS’ MEMO- peace officers who die in the line of f RIAL SERVICE. duty. On average, Mr. Speaker, one law The National Fraternal Order of Police, enforcement officer is killed some- GENERAL LEAVE and its auxiliary shall be permitted to spon- where in the United States nearly Mr. KIM. Mr. Speaker, I ask unani- sor a public event, the sixteenth annual Na- every other day. mous consent that all Members may tional Peace Officers’ Memorial Service, on have 5 legislative days within which to the Capitol grounds on May 15, 1997, or on In 1981, when I was sheriff of such other date as the Speaker of the House Mahoning County, OH, one of my depu- revise and extend their remarks and in- of Representatives and the President pro ties, John ‘‘Sonny’’ Litch, was killed in clude extraneous material on House tempore of the Senate may jointly designate, the line of duty. Sonny was then trans- Concurrent Resolution 66. in order to honor the more than 117 law en- porting a prisoner to the hospital. His The SPEAKER pro tempore. Is there forcement officers who died in the line of name is on the National Law Enforce- objection to the request of the gen- duty during 1996. ment Officers Memorial in Washington, tleman from California? SEC. 2. TERMS OF CONDITIONS. DC. There was no objection. (a) IN GENERAL.—The event authorized to No one gave more for our community f be conducted on the Capitol grounds under than the Litch family, and to find section 1 shall be free of admission charge to AUTHORIZING 1997 SPECIAL OLYM- Sonny in a position without compensa- the public and arranged not to interfere with PICS TORCH RELAY TO BE RUN tion, Mr. Speaker, was a marvel in it- the needs of Congress, under conditions to be THROUGH CAPITOL GROUNDS prescribed by the Architect of the Capitol self. and the Capitol Police Board. During 1996, seven law enforcement Mr. KIM. Mr. Speaker, I move to sus- (b) EXPENSES AND LIABILITIES.—The Na- officers from the State of Ohio were pend the rules and agree to the concur- tional Fraternal Order of Police and its aux- killed in the line of duty. I want to rent resolution (H. Con. Res 67) author- iliary shall assume full responsibility for all place their names in this RECORD. izing the 1997 Special Olympics Torch expenses and liabilities incident to all activi- James Gross, Ohio State Highway Relay to be run through the Capitol ties associated with the event. Patrol; Brian Roshong, Canton Police Grounds. SEC. 3. EVENT PREPARATIONS. Department; Jason Grossnickle, Day- The Clerk read as follows: (a) STRUCTURES AND EQUIPMENT.—Subject to the approval of the Architect of the Cap- ton Police Department; Douglas H. CON. RES. 67 itol, the National Fraternal Order of Police Springer, Coldwater Police Depart- Resolved by the House of Representatives (the and its auxiliary are authorized to erect ment; Derrik Lanier, Cuyahoga Metro Senate concurring), upon the Capitol grounds such stage, sound Housing Authority Police; Duane Guhl, SECTION 1. AUTHORIZATION OF RUNNING OF amplification devices, and other related Fulton County Sheriff’s Office; Hilary SPECIAL OLYMPICS TORCH RELAY structures and equipment, as may be re- Cudnik, Cleveland Police Department. THROUGH CAPITOL GROUNDS. quired for the event authorized to be con- The names of these officers, Mr. On June 13, 1997, or on such other date as the Speaker of the House of Representatives ducted on the Capitol grounds under section Speaker, will all be engraved on the 1. and the President pro tempore of the Senate (b) ADDITIONAL ARRANGEMENTS.—The Ar- National Law Enforcement Officers may jointly designate, the 1997 Special chitect of the Capitol and the Capitol Police Memorial in Washington, DC. It is Olympics Torch Relay may be run through Board are authorized to make any such addi- most fitting and commendable that we the Capitol Grounds, as part of the journey tional arrangements as may be required to honor the service of these great patri- of the Special Olympics torch to the District carry out the event. ots who have given so much for our of Columbia Special Olympics summer The SPEAKER pro tempore. Pursu- country and our communities. games at Gallaudet University in the Dis- ant to the rule, the gentleman from Mr. CUNNINGHAM. Mr. Speaker, I am trict of Columbia. SEC. 2. RESPONSIBILITY OF CAPITOL POLICE California [Mr. KIM] and the gentleman proud to support House Concurrent Resolution BOARD. from Ohio [Mr. TRAFICANT] each will 66, authorizing the use of the U.S. Capitol The Capitol Police Board shall take such control 20 minutes. Grounds for the 16th annual National Peace actions as may be necessary to carry out sec- The Chair recognizes the gentleman Officers' Memorial Day services on Thursday, tion 1. from California [Mr. KIM]. May 15. SEC. 3. CONDITIONS RELATING TO PHYSICAL Mr. KIM. Mr. Speaker, I yield myself In memory of the law officers who have PREPARATIONS. such time as I may consume. given their last full measure of devotion to The Architect of the Capitol may prescribe Mr. Speaker, House Concurrent Reso- their communities and their country in service conditions for physical preparations for the lution 66 authorizes the use of the Cap- of public safety, and in tribute to their families event authorized by section 1. itol Grounds for the 16th annual Peace and their colleagues, the flags atop the U.S. The SPEAKER pro tempore. Pursu- Officers’ Memorial Service on May 15, Capitol will be flown at half-staff on National ant to the rule, the gentleman from 1997. The service will honor over 117 Peace Officers' Memorial Day. I would like to California [Mr. KIM] and the gentleman Federal, State, and local law enforce- recognize Speaker NEWT GINGRICH for his from Ohio [Mr. TRAFICANT] each will ment officers killed in the line of duty leadership in helping us make this tribute pos- control 20 minutes. in 1996. sible. The Chair recognizes the gentleman The National Fraternal Order of Po- I also thank Chairman JAY KIM and Ranking from California [Mr. KIM]. lice will sponsor the event and agree to Member JAMES TRAFICANT, of the House Sub- Mr. KIM. Mr. Speaker, I yield myself make all the necessary arrangements committee on Public Buildings and Infrastruc- such time as I may consume. with the Architect of the Capitol and ture, for their timely and expeditious work in Mr. Speaker, House Concurrent Reso- the Capitol Police Board. In addition, support of our peace officers' use of the Cap- lution 67 authorizes the 1997 Special the sponsor will assume all expenses itol Grounds. Olympics Torch Relay to be run and all liability in connection with the Mr. KIM. Mr. Speaker, I have no fur- through the Capitol Grounds. This event. The event will be free of charge ther requests for time, and I yield back relay is part of the journey of the Spe- and open to the public. the balance of my time. cial Olympics torch to the District of May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2549 Columbia Special Olympics Summer preciate his work with our subcommit- joint meeting of the United States Congress Games to be held at Gallaudet Univer- tee each year, and we thank him for his on November 10, 1987: Now, therefore, be it sity on June 13, 1997. The U.S. Capitol support and leadership. Resolved by the House of Representatives (the Senate concurring), That— Police will host opening ceremonies for I would like to speak out for this res- (1) the Congress of the United States notes the torch run on Capitol Hill, and the olution. The D.C. Special Olympics has with great sadness the passing of Chaim event will be free of charge and open to participants from over 100 public Herzog, a great leader of Israel and a great the public. schools, group homes, agencies and as- friend of America and the Congress sends its Each year, over 1,000 law enforce- sociations serving citizens with devel- deepest condolences to the entire Herzog ment representatives from 60 local and opmental disabilities. The D.C. chapter family and to the Government and people of Federal law enforcement agencies in reaches over 25 percent of all eligible Israel; and (2) a copy of this resolution shall be trans- Washington, D.C participate in this an- citizens. No other city or State does it mitted to the Speaker of the Knesset in Je- nual event to show their support of the any better. rusalem, to President Ezer Weizman of Is- Special Olympics. This is a very wor- So I want to join with the gentleman rael, and to Mrs. Aura Herzog of Herzlia, Is- thy endeavor which I am proud to sup- from California [Mr. KIM], the gen- rael. port, and I urge my colleagues to pass tleman from Minnesota [Mr. OBERSTAR] The SPEAKER pro tempore. Pursu- this resolution, Mr. Speaker. and the gentleman from Pennsylvania ant to the rule, the gentleman from Mr. Speaker, I reserve the balance of [Mr. SHUSTER] and with the staff, Mr. Nebraska [Mr. BEREUTER] and the gen- my time. Barnett and Ms. Brita, in support of tleman from Indiana [Mr. HAMILTON] Mr. TRAFICANT. Mr. Speaker, I this resolution and urge its passage. each will control 20 minutes. yield such time as he may consume to Mr. Speaker, I yield back the balance The Chair recognizes the gentleman the gentleman from Maryland [Mr. of my time. from Nebraska [Mr. BEREUTER]. HOYER], the distinguished sponsor of Mr. KIM. Mr. Speaker, I have no fur- (Mr. BEREUTER asked and was the Soap Box Derby legislation. ther requests for time, and I yield back given permission to revise and extend (Mr. HOYER asked and was given the balance of my time. his remarks.) permission to revise and extend his re- The SPEAKER pro tempore. The Mr. BEREUTER. Mr. Speaker, I yield marks.) question is on the motion offered by myself such time as I may consume. Mr. HOYER. Mr. Speaker, I thank the gentleman from California [Mr. Mr. Speaker, the purpose of this reso- my friend from Ohio, [Mr. TRAFICANT] KIM] that the House suspend the rules lution is very simple; it is to express for yielding, and I thank the gentleman and agree to the concurrent resolution, the condolences of the House to the from California, [Mr. KIM], as well. H.Con.Res. 67. family of Chaim Herzog, the late Presi- Obviously, Mr. Speaker, I am in very The question was taken; and (two- dent of the State of Israel, and to the strong support of the pending resolu- thirds having voted in favor thereof) people and Government of that State. tion on the Special Olympics. It is an the rules were suspended and the con- Chaim Herzog was, as many know, the extraordinarily worthwhile endeavor, current resolution was agreed to. son of a rabbi, in fact, the son of the giving hope and opportunity to so A motion to reconsider was laid on Chief Rabbi of Ireland. He became a many folks, and it is worthwhile that the table. soldier in the British Army, landing in the Capitol Grounds be allocated for f Normandy and running British intel- that particular purpose. ligence in northern Germany. Later he In addition, Mr. Speaker, I was a lit- GENERAL LEAVE was a lawyer and a diplomat serving in tle late getting here and it passed with Mr. KIM. Mr. Speaker, I ask unani- the Israeli Embassy in Washington, such efficiency and effectiveness that I mous consent that all Members may and as Permanent Representative to failed to timely reach the floor. But I have 5 legislative days within which to the United Nations. In the culmination appreciate the gentleman from Ohio revise and extend their remarks and in- of his career, he became the President yielding and his suggestions as well clude extraneous material on House of the State of Israel. and rise in strong support of Concurrent Resolution 67. The President of Israel is its Head of H.Con.Res. 49, which authorizes the use The SPEAKER pro tempore. Is there State, standing above politics but criti- of the grounds of the U.S. Capitol for a objection to the request of the gen- cal to the public life of the country and truly wonderful and family-oriented tleman from California? a symbol of its unity. event, the Greater Washington Soap Mr. Speaker, this Member joins with There was no objection. Box Derby. my colleagues in expressing our thanks Mr. Speaker, I have sponsored this f for the life of Chaim Herzog and our resolution for the past 6 years, and I CONCERNING THE DEATH OF condolences to his family in Israel and want to thank the committee and its CHAIM HERZOG his friends and admirers around the staff for assuring the timely passage of world. this resolution in each one of those Mr. BEREUTER. Mr. Speaker, I move Mr. Speaker, I reserve the balance of years. This Soap Box Derby is an to suspend the rules and agree to the my time. American tradition. The Hill, Capitol concurrent resolution (H. Con. Res. 73) Mr. HAMILTON. Mr. Speaker, I yield Hill, is an excellent hill from which to concerning the death of Chaim Herzog. myself such time as I may consume. do that, and it is certainly appropriate The Clerk read as follows: Mr. Speaker, I want to commend the that on July 12, just a week after the H. CON. RES. 73 gentleman from New York [Mr. GIL- birthday of our Nation, that this very Whereas Chaim Herzog, the sixth President MAN] and the gentleman from Indiana American of traditions is carried out in of the State of Israel, passed away on Thurs- [Mr. BURTON] for bringing this resolu- the site of the U.S. Capitol. day, April 17, 1997; tion before the House. I commend both It is a tradition which teaches to Whereas Chaim Herzog, in his very life ex- of them for their leadership on this res- young people self-reliance, the worth of emplified the struggles and triumphs of the olution. State of Israel; As has been explained by the distin- competition, and the worth of adding Whereas Chaim Herzog had a brilliant their hands and their talent to con- military, business, legal, political, and diplo- guished gentleman from Nebraska, structing something of worth. matic career; Chaim Herzog was the sixth President So I again express my strong support Whereas Chaim Herzog represented Israel of the State of Israel. He had a very not only of the resolution already at the United Nations from 1975–1978 and brilliant military, business, legal, po- passed on the Soap Box Derby, but on with great eloquence defended Israel and its litical and diplomatic career. He was a this one as well. values against the forces of darkness and dic- great leader of Israel, and a great Mr. TRAFICANT. Mr. Speaker, I tatorship; friend of America. Those of us who yield myself such time as I may Whereas Chaim Herzog, as President of Is- knew him personally knew him to be a rael from 1983–1993, set a standard for honor consume. and rectitude; and man of extraordinary compassion, ex- Mr. Speaker, the Soap Box Derby is Whereas Chaim Herzog was a great friend ceedingly gracious, and had about him an institution, as is the gentleman of the United States of America and as Presi- a great lack of pretense, despite his ex- from Maryland [Mr. HOYER], and we ap- dent of Israel had the honor of addressing a traordinary achievements. H2550 CONGRESSIONAL RECORD — HOUSE May 13, 1997 b 1600 Ms. HARMON. Mr. Speaker, the Chaim Herzog fought in the British Armed It is fitting that the Congress com- world lost a great statesman and a Forces in World War II and participated in the memorate his life and his work, and friend of peace last month when former liberation of the death camps, an experience send its deepest condolences to the en- Israeli President Chaim Herzog passed that influenced the rest of his life. During Isra- tire Herzog family, and to the Govern- away. el's war of independence Herzog played a crit- ment and the people of Israel. I urge Today, the House considers a resolu- ical role in the battle for Jerusalem. He then the adoption of the resolution. tion which expresses the condolences of became chief of military intelligence. Mr. Speaker, I reserve the balance of the American people to the Herzog During the Six Day WarÐalmost 30 years my time. family and the people of Israel on the agoÐGeneral Herzog's radio broadcasts Mr. BEREUTER. Mr. Speaker, I yield occasion of President Herzog’s death. helped to lift the morale of the people of Is- myself such time as I may consume. As a cosponsor of the resolution I rael. Mr. Speaker, I would like to note the strongly urge its passage. In 1975, he was named Israel's Ambas- assistance of Mr. James Soriano, a Chaim Herzog led an extraordinary sador to the United Nations where he served Pearson Fellow from the Department and inspiring life, playing a role in with courage and defended his country with of State who has been on our full com- many of the events central to the great eloquence. It was Herzog who stood up mittee staff for the past year, and international Jewish community dur- to defend Israel against the odious and false helped us with this resolution and ing the 20th Century. The son of Ire- charge that Zionism is a form of racism. This many other items during that period. land’s Chief Rabbi, later Chief Rabbi of is what Herzog said in his brilliant speech on Mr. Speaker, I yield such time as he Israel, Herzog first came to the Jewish that occasion: ``The vote of each delegation may consume to the gentleman from homeland in 1935 as a yeshiva student. will record in history its country's stand on New York [Mr. GILMAN]. By the age of 16, he had joined the Ha- antisemitic racism and anti-Judaism. You, Mr. GILMAN. Mr. Speaker, I thank ganah, the underground precursor to yourselves bear the responsibility for your the gentleman for yielding time to me. today’s Israel Defense Forces. During stand before history. For as such, you will be Mr. Speaker, I want to commend the World War II, as an officer in the Brit- viewed in history * * *. For us, the Jewish gentleman from Indiana [Mr. BURTON] ish Army, he was part of the first Al- people, this is but a passing episode in a rich for offering this sense-of-Congress reso- lied formation to cross into Germany and event-filled history * * *. This resolution lution commemorating the life of and was present at the liberation of the based on hatred, falsehood, and arrogance is former President of Israel Chaim Bergen-Belsen concentration camp. devoid of any moral or legal value.'' Herzog. I appreciate the vice chairman Herzog also played a vital role in the Mr. Speaker, to this day, the fact that the of our committee, the gentleman from political and military development of United Nations General Assembly passed that the State of Israel from the date of its Nebraska [Mr. BEREUTER], for bringing resolution stands as a severe indictment of the this measure to the floor at this time. establishment. He helped design the United Nations itself. I am very proud to have I want to commend the ranking minor- new state’s famed intelligence agency been a delegate to the United Nations in 1991 ity member, the gentleman from Indi- and served as a general in its army. In when that immoral resolution was finally re- the aftermath of the Six-Day War, pealed and I am proud to have participated in ana [Mr. HAMILTON], for his support of Herzog became the military governor the resolution. the effort to repeal it. Mr. Speaker, we were all saddened to of the West Bank and Jerusalem. Let me conclude by noting that Chaim But Herzog’s greatest contributions learn of the passing last month of Herzog capped this event-filled and achieve- on the world stage came during his ten- former President of Israel Chaim ment-filled life with his election as President of ure as Israel’s Ambassador to the Unit- Israel in 1983. He served for 10 years, set a Herzog. Mr. Herzog’s life mirrored the ed Nations, where he forcefully battled new standard for dignity, honor, and decency birth and early history of the State of unfair resolutions equating Zionism and he also addressed a joint meeting of the Israel, and during his career he served with racism, and as President of Israel, U.S. Congress in 1987. as a distinguished soldier, author, and a position he held for 10 years. Mr. Speaker, it is fitting and appropriate that diplomat. Last Summer, it was my privilege to this Congress express its sadness over the Mr. Herzog was born in Belfast, Ire- welcome Ambassador Herzog to my death of Chaim Herzog and convey its sym- land, in 1918, the son of a rabbi. He emi- congressional district where he spoke pathy to the people of Israel and to the grated to Mandatory Palestine in 1935. at Temple Ner Tamid. Herzog family, Mrs. Aura Herzog and her chil- He served as an officer in the British Mr. Speaker, throughout his long and dren Joel, Michael, Isaac, and Ronit and their Army during World War II, and landed distinguished career, Chaim Herzog respective families. with allied troops in Normandy in 1944. held a firm and clear vision of a safe Is- I urge the unanimous adoption of this reso- Later on he served with distinction in rael in a peaceful Middle East. We lution. Mr. Speaker, I would also like to submit defending Israeli from Arab attack dur- would all do well to follow his example into the record the historic and moving speech ing Israel’s war of independence in 1948. in our pursuit of that same goal. I urge given by Chaim Herzog at the United Nations After the June 1967 war Mr. Herzog my colleagues to pass this resolution, to which I referred. And the obituary written was appointed Israel’s first military as a tribute to this great man. about him in the New York Times. governor of the West Bank. In the Mr. BURTON of Indiana. Mr. Speaker, I am [From the New York Times, Apr. 18, 1997] 1970’s he served at the Israeli Embassy very proud to have introduced this resolution CHAIM HERZOG, 78, FORMER PRESIDENT OF in Washington, and was later named Is- expressing the sympathy of the Congress and ISRAEL rael’s ambassador to the United Na- of the American people over the death of (By Eric Pace) tions. He was the author of several Chaim Herzog. I am very pleased that we Chaim Herzog, Israel’s outspoken president books, including ‘‘Israel’s Finest were able to move this resolution to the floor from 1983 to 1993, died on Thursday at Tel Hour,’’ a historical account of the 1967 very quickly and I thank the chairman of the Hashomer Hospital in Tel Aviv. He was 78, war. This illustrious career continued International Relations Committee, my friend and lived in Herzliya Pituach, a suburb of with his service as Israel’s President in Ben Gilman of New York for his support and Tel Aviv. 1983. leadership. The cause was heart failure after he con- Mr. Speaker, Chaim Herzog has been All of us were sadded to learn recently tracted pneumonia on a recent visit to the described by his contemporaries as a United States, said Rachel Sofer, spokesman about the death of Chaim Herzog at the age for the hospital. man of war who loved peace. We extend of 78. As staunch friends of the State of Israel Herzog, a former general, was Israel’s chief to his family and to the people of Israel and the people of Israel, we share their grief delegate to the United Nations from 1975 to our deepest condolences for the passing and their sorrow. 1978, a critical period, after serving as its di- of a true gentlemen, a true leader who Chaim Herzog was truly a hero of Israel and rector of military intelligence and, in 1967, helped shape the history of Israel and also a great friend of America. Like Yitzhak as the first military governor of the occupied who also pursued peace. We once again Rabin, whose death we also mourned all too West Bank. Over the years, he was also a thank the gentleman from Indiana [Mr. early, Chaim Herzog lived a life that was a businessman, a lawyer, an author and a Labor Party member of the Israeli Par- HAMILTON] for his thoughtfulness in mirror of the drama of his country. Born in Bel- liament. supporting this measure, and I thank fast, he was the son of the Chief Rabbi of Ire- In his two successive five-year terms as Is- the gentleman from Nebraska [Mr. BE- land. As a boy, he moved to the land of Israel, rael’s sixth chief of state, he strove to en- REUTER] for his leadership. where his father became Chief Rabbi. large the president’s role, which in Israel is May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2551 largely ceremonial, by making public dec- opposed, having the sponsorship of the Labor resolution. In the 1993 interview, while still larations on issues that leaders in govern- Party as well as wide backing from the president, he said: ment would not, or could not, address. right-wing Likud bloc, Labor’s partner in the ‘‘Of the three countries that presented the Herzog argued in favor of greater rights for coalition government of the time. Zionism as racism resolution, one has rela- the Druse and Arab populations in Israel, de- He was succeeded on May 13, 1993, by Ezer tions with us although no embassy—that’s claring: ‘‘I am the president of Arabs and Weizman, a former defense minister and the Benin. Two still don’t have relations—one Druse, as well as Jews.’’ He worked actively nephew of Israel’s first president, Chaim which has relations with nobody, namely So- to make political pariahs of Rabbi Meir Weizman. Ezer Weizman had been elected by malia, and one which is in great trouble, Kahane and his fervently anti-Arab Kach Parliament on March 24, 1993. namely Cuba. They were the three sponsors Party. As president, Herzog was sometimes acid of that resolution, these bastions of democ- In addition, Herzog was an outspoken in his criticisms of the Israeli national vot- racy and freedom.’’ though unsuccessful lobbyist for comprehen- ing system. In an interview in 1992, he said: Herzog was born on Sept. 17, 1918, in Bel- sive change in the Israeli voting system, ‘‘The system we have is a catastrophe. It al- fast, the son of Rabbi Isaac Halevy Herzog, which has spawned a jigsaw-puzzle of politi- lows for fragmentation and wheeling and who was the chief rabbi of Ireland and later cal parties and frequent parliamentary stale- dealing and gives inordinate power to small became the first Ashkenazi chief rabbi of Is- mates. groupings.’’ rael, and the former Sarah Hillman. By late 1987, as his first term was drawing He was also something of a gadfly on a va- The Herzog family emigrated to Palestine to a close and while a national unity govern- riety of other issues during his presidency. in the mid-1930s, and the future president ment was in power, he had probably become He was one of the few prominent figures in had three years of schooling at the Hebron more influential and popular than any pre- Israeli politics to comment regularly on Is- Yeshiva there. The educational institutions where he later studied included Wesley Col- vious Israeli president. rael’s high incidence of fatal vehicular acci- lege in Dublin, the Government of Palestine This was largely because the Labor and dents. By late 1992, drivers had killed 20 Law School in Jerusalem, and London and Likud party partners in that government times more Israelis in the last five years Cambridge universities. were always bickering and frequently turned than had the Palestinian uprising, almost In the British army during World War II, to him to arbitrate their disagreements. 2,300 people. he served with the Guards Armored Division Moreover, groups of Israelis, like farmers ‘‘If the enemy had slain us to this extent, and in intelligence on the Continent. He was and nurses, were always looking to him for the country would quake and we would be discharged and then joined the Jewish under- aid that they could not get from the dead- shaking in our foundations,’’ Herzog declared ground in Palestine before Israel was found- locked Cabinet. then in a message for the Jewish New Year. ed. Through the years, Herzog also made use Earlier that year, at a time when Jewish After his retirement from the military in of the Israeli president’s power to pardon settlers in the Israeli-occupied territories 1962, he was for some years a high executive convicted criminals—and sometimes was had taken various measures in retaliation of a conglomerate of industrial enterprises criticized for doing so. In addition, he exer- for Arab acts of violence, he denounced vigi- that Sir Isaac Wolfson, a British business- cised the president’s power to determine, lantism, saying in a radio broadcast: ‘‘The man, owned in Israel. after elections, which political party has the phenomenon of taking the law into one’s Over the years he wrote, was a co-author first opportunity to assemble a government. hands, of attacking innocents and interfer- of, or edited more than half a dozen books, His urbane, outgoing nature and his earlier ing with the dedicated work of the security including ‘‘The Arab-Israeli Wars’’ (Random roles in his country’s life fitted him to serve forces, endangers our foundations and fu- House and Vintage, 1982), ‘‘Heroes of Israel’’ as a symbol of Israeli unity during his years ture.’’ (Little, Brown, 1989) and ‘‘Living History: A as president. Later in the year, with Israel not able to Memoir’’ (Pantheon, 1996). A descendant of rabbis, and a witness of integrate all the new arrivals from the He is survived by his wife of 50 years, the Nazi concentration-camp horrors while he former Soviet republics fully into its eco- former Aura Ambache; three sons Joel, Mi- was an officer in the British army in World nomic life, Herzog proposed setting up soup chael and Yitzhak, and a daughter, Ronit War II, he was steeped in the splendors and kitchens for immigrants, and was criticized Bronsky. All his children live in Israel ex- sorrows of Jewish history. He was also cos- for doing so. cept for Joel, who lives in Geneva. Herzog is mopolitan, with the trace of a brogue from He also spurred controversy sometimes by also survived by eight grandchildren. his native Belfast, Northern Ireland, and an his use of the presidential power to pardon. In his memoirs he wrote: ‘‘I pray that my education gained largely in Britain. In the mid-1980s, he was criticized for par- children and grandchildren will see a strong As the chief delegate to the United Na- doning agents of the Shin Bet security serv- and vigorous Israel at peace with its neigh- tions, Herzog led Israel’s defense against ice and its chief, who was charged with com- bors and continuing to represent the tradi- Arab attempts to oust it. In 1975, when the manding that two Palestinian bus hijackers tions that have sustained our people General Assembly passed a resolution equat- be summarily executed. throughout the ages.’’ ing Zionism with racism, he went to the ros- In an interview in early 1993, Herzog noted Ms. ROS-LEHTINEN. Mr. Speaker, I wish to trum and defiantly tore a copy of the resolu- that he had condemned ‘‘what had hap- add my support for this resolution honoring tion in two. Seventeen years later, the As- pened.’’ But he added that Israel was locked Chaim Herzog, former President of Israel and sembly repealed the resolution. in combat with terrorists, and that to take friend of America. Herzog was in the Israeli Defense Force at the security-service personnel ‘‘and put them When Chaim Herzog gave that tremen- his country’s birth in 1948, rose to the rank on trial, and have each one bringing all sorts dously moving speech at the United Nations, of major general and served twice as director of evidence to prove that he wasn’t the worst he was defending not only Israel, but democ- of military intelligence, from 1948 to 1950 and and so on, could have torn the Shin Bet to from 1959 to 1962. pieces just when we didn’t need that.’’ racy and decency everywhere. Then he retired, only to return as the West In addition, loud dissent arose after Herzog The United Nations which condemned Zion- Bank’s military governor just after the 1967 commuted the sentences of members of what ism also gave Fidel Castro a standing ovation. Arab-Israeli war, in which Israel, in an over- was called a Jewish underground organiza- The fight for moral values which Chaim whelming victory, captured the West Bank tion that had tried to kill local Palestinian Herzog carried out with such courage, still and other territory from neighboring Arab functionaries. continues. countries. He later contended that reducing the pen- In this very Chamber, Chaim Herzog ad- He also became noted, among Israelis, for alties against some of the convicted mem- dressed a joint meeting of this Congress on radio commentaries he gave on military sub- bers, and making them decry their deeds, November 10, 1987, the anniversary of his jects before and during that six-day war. He had helped to shatter their group. U.N. speech and of Kristallnacht, the Nazi used the radio to urge Israelis to stay in As president, he traveled widely. He was their air-raid shelters during alerts, and in among the world figures who, along with sur- riots that signaled the beginning of the Holo- one widely quoted broadcast he told his lis- vivors of the Holocaust, gathered in Wash- caust in 1938. Chaim Herzog will be missed, teners that they were in much less danger ington in April 1993 to dedicate the U.S. Hol- but will always be remembered. where they were than was the attacking ocaust Memorial Museum. There he de- Mr. HAMILTON. Mr. Speaker, I have Egyptian air force. scribed his horror when he came upon Ber- no further requests for time, and I Herzog was first elected president by the gen-Belsen and other Nazi death camps as a yield back the balance of my time. Israeli Parliament, in 1983, in a rebuff to British officer. Mr. BEREUTER. Mr. Speaker, I have Prime Minister Menachem Begin’s governing ‘‘No one who saw those terrifying scenes,’’ no further requests for time, and I coalition of that day. By a vote of 61 to 57, he said, ‘‘will ever forget.’’ yield back the balance of my time. with two blank ballots, Parliament chose In 1992, to mark the 500th anniversary of The SPEAKER pro tempore. The him over the government’s candidate, Jus- the expulsion of the Jews from Spain, Herzog question is on the motion offered by tice Menachem Elon of the Supreme Court, went to Madrid and prayed together with the gentleman from Nebraska [Mr. BE- to succeed President Yitzhak Navon of the Spain’s king, Juan Carlos, in a gesture sym- Labor Party. bolizing reconciliation between their peo- REUTER] that the House suspend the In 1988, Herzog was elected by Parliament ples. rules and agree to the concurrent reso- to a second term, the maximum permitted But Herzog did not become reconciled with lution, House Concurrent Resolution by Israeli law. In that balloting, he was un- the nations that had presented the 1975 U.N. 73. H2552 CONGRESSIONAL RECORD — HOUSE May 13, 1997 The question was taken; and (two- cords, continues to make progress in nian victims of the 1988 Iran Air 655 thirds having voted in favor thereof) arbitrating the claims before it. Since shootdown and a fund was established the rules were suspended and the con- the period covered in my last report, to pay Iranian bank debt owed to U.S. current resolution was agreed to. the Tribunal has rendered eight nationals. As of March 17, 1997, pay- A motion to reconsider was laid on awards. This brings the total number ments were authorized to be made to the table. of awards rendered to 579, the majority surviving family members of 125 Ira- f of which have been in favor of U.S. nian victims of the aerial incident, to- claimants. As of March 24, 1997, the taling $29,100,000.00 In addition, pay- GENERAL LEAVE value of awards to successful U.S. ment of 28 claims by U.S. nationals Mr. BEREUTER. Mr. Speaker, I ask claimants from the Security Account against Iranian banks, totaling unanimous consent that all Members held by the NV Settlement Bank was $9,002,738.45 was authorized. may have 5 legislative days within $2,424,959,689.37. On December 12, 1996, the Depart- which to revise and extend their re- Since my last report, Iran has failed ment of State filed the U.S. Hearing marks on the concurrent resolution to replenish the Security Account es- Memorial and Evidence on Liability in just considered. tablished by the Algiers Accords to en- Case A/11. In this case, Iran alleges The SPEAKER pro tempore. Is there sure payment of awards to successful that the United States failed to per- objection to the request of the gen- U.S. claimants. Thus, since November form its obligations under Paragraphs tleman from Nebraska? 5, 1992, the Security Account has con- 12–14 of the Algiers Accords, relating to There was no objection. tinuously remained below the $500 mil- the return to Iran of assets of the late f lion balance required by the Algiers Shah and his close relatives. A hearing Accords. As of March 24, 1997, the total date has yet to be scheduled. REPORT ON CONTINUING NA- amount in the Security Account was On October 9, 1996, the Tribunal dis- TIONAL EMERGENCY WITH RE- $183,818,133.20, and the total amount in missed Case B/58, Iran’s claim for dam- SPECT TO IRAN—MESSAGE FROM the Interest Account was $12,053,880.39. ages arising out of the U.S. operation THE PRESIDENT OF THE UNITED Therefore, the United States continues of Iran’s southern railways during the STATES (H. DOC. NO. 105–82) to pursue Case A/28, filed in September Second World War. The Tribunal held The SPEAKER pro tempore (Mr. 1993, to require Iran to meet its obliga- that it lacked jurisdiction over the PEASE) laid before the House the fol- tions under the Algiers Accords to re- Claim under Article II, paragraph two, lowing message from the President of plenish the Security Account. Iran of the claims Settlement Declaration. the United States; which was read and, filed its Rejoinder on April 8, 1997. The United States also continues to 4. Since my last report, the Tribunal together with the accompanying pa- conducted two hearings and issued pers, without objection, referred to the pursue Case A/29 to require Iran to meet its obligations of timely payment awards in six private claims. On Feb- Committee on International Relations ruary 24–25, 1997, Chamber One held a and ordered to be printed. of its equal share of advances for Tri- bunal expenses when directed to do so hearing in a dual national claim, G.E. To the Congress of the United States: by the Tribunal. The United States Davidson v. The Islamic Republic of Iran, I hereby report to the Congress on filed its Reply to the Iranian State- Claim No. 457. The claimant is request- developments since the last Presi- ment of Defense on October 11, 1996. ing compensation for real property dential report of November 14, 1996, Also since my last report, the United that he claims was expropriated by the concerning the national emergency States appointed Richard Mosk as one Government of Iran. On October 24, with respect to Iran that was declared of the three U.S. arbitrators on the 1996, Chamber Two held a hearing in in Executive Order 12170 of November Tribunal. Judge Mosk, who has pre- Case 274, Monemi v. The Islamic Republic 14, 1979. This report is submitted pursu- viously served on the Tribunal and will of Iran, also concerning the claim of a ant to section 204(c) of the Inter- be joining the Tribunal officially in dual national. national Emergency Economic Powers May of this year, will replace Judge On December 2, 1996, Chamber Three Act, 50 U.S.C. 1703(c) (IEEPA). This re- Richard Allison, who has served on the issued a decision in Johangir & Jila port covers events through March 31, Tribunal since 1988. Mohtadi v. The Islamic Republic of Iran 1997. My last report, dated November 3. The Department of State continues (AWD 573–271–3), awarding the claim- 14, 1996, covered events through Sep- to pursue other United States Govern- ants $510,000 plus interest for Iran’s in- tember 16, 1996. ment claims against Iran and to re- terference with the claimants’ property 1. The Iranian Assets Control Regula- spond to claims brought against the rights in real property in Velenjak. tions, 31 CFR Part 535 (IACR), were United States by Iran, in coordination The claimants also were awarded amended on October 21, 1996 (61 Fed. with concerned government agencies. $15,000 in costs. On December 10, 1996, Reg. 54936, October 23, 1996), to imple- On December 3, 1996, the Tribunal is- Chamber Three issued a decision in ment section 4 of the Federal Civil sued its award in Case B/36, the U.S. Reza Nemazee v. The Islamic Republic of Penalties Inflation Adjustment Act of claim for amounts due from Iran under Iran (AWD 575–4–3), dismissing the ex- 1990, as amended by the Debt Collec- two World War II military surplus propriation claim for lack of proof. On tion Improvement Act of 1996, by ad- property sales agreements. While the February 25, 1997, Chamber Three is- justing for inflation the amount of the Tribunal dismissed the U.S. claim as to sued a decision in Dadras Int’l v. The Is- civil monetary penalties that may be one of the agreements on jurisdictional lamic Republic of Iran (AWD 578–214–3), assessed under the Regulations. The grounds, it found Iran liable for breach dismissing the claim against Kan Resi- amendment increases the maximum of the second (and larger) agreement dential Corp. for failure to prove that civil monetary penalty provided in the and ordered Iran to pay the United it is an ‘‘agency, instrumentality, or Regulations from $10,000 to $11,000 per States principal and interest in the entity controlled by the Government of violation. amount of $43,843,826.89. Following pay- Iran’’ and dismissing the claim against The amended Regulations also reflect ment of the award, Iran requested the Iran for failure to prove expropriation an amendment to 18 U.S.C. 1001 con- Tribunal to reconsider both the merits or other measures affecting property tained in section 330016(1)(L) of Public of the case and the calculation of inter- rights. Dadras had previously received Law 103–322, September 13, 1994, 108 est; Iran’s request was denied by the a substantial recovery pursuant to a Stat. 2147. Finally, the amendment Tribunal on March 17, 1997. partial award. On March 26, 1997, notes the availability of higher crimi- Under the February 22, 1996, agree- Chamber Two issued a final award in nal fines for violations of IEEPA pursu- ment that settled the Iran Air case be- Case 389, Westinghouse Electric Corp. v. ant to the formulas set forth in 18 fore the International Court of Justice The Islamic Republic of Iran Air Force U.S.C. 3571. A copy of the amendment and Iran’s bank-related claims against (AWD 579–389–2), awarding Westing- is attached. the United States before the Tribunal house $2,553,930.25 plus interest in dam- 2. The Iran-United States Claims Tri- (reported in my report of May 17, 1996), ages arising from the Iranian Air bunal (the ‘‘Tribunal’’), established at the United States agreed to make ex Force’s breach of contract with Wes- The Hague pursuant to the Algiers Ac- gratia payments to the families of Ira- tinghouse. May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2553 Finally, there were two settlements There was no objection. (A) By striking ‘‘income ceilings higher or of claims of dual nationals, which re- The CHAIRMAN pro tempore. Are lower’’ and inserting ‘‘an income ceiling sulted in awards on agreed terms. They there other amendments to title VI? higher’’; The Clerk will designate title VII. (B) By striking ‘‘variations are’’ and in- are Dora Elghanayan, et al. v. The Is- serting ‘‘variation is’’; and lamic Republic of Iran (AAT 576–800/801/ The text of title VII is as follows: (C) by striking ‘‘high or’’. 802/803/804–3), in which Iran agreed to TITLE VII—AFFORDABLE HOUSING AND (b) CDBG.—Section 102(a)(20) of the Hous- pay the claimants $3,150,000, and Lilly MISCELLANEOUS PROVISIONS ing and Community Development Act of 1974 Mythra Fallah Lawrence v. The Islamic SEC. 701. RURAL HOUSING ASSISTANCE. (42 U.S.C. 5302(a)(20)) is amended by striking Republic of Iran (ATT 577–390/391–1), in The last sentence of section 520 of the subparagraph (B) and inserting the following which Iran agreed to pay the claimant Housing Act of 1949 (42 U.S.C. 1490) is amend- new subparagraphs: ed by inserting before the period the follow- ‘‘(B) The Secretary may— $1,000,000. ‘‘(i) with respect to any reference in sub- ing: ‘‘, and the city of Altus, Oklahoma, shall 5. The situation reviewed above con- paragraph (A) to 50 percent of the median in- be considered a rural area for purposes of tinues to implicate important diplo- come of the area involved, establish percent- this title until the receipt of data from the ages of median income for any area that are matic, financial, and legal interests of decennial census in the year 2000’’. the United States and its nationals and higher or lower than 50 percent if the Sec- SEC. 702. TREATMENT OF OCCUPANCY STAND- retary finds such variations to be necessary presents an unusual challenge to the ARDS. national security and foreign policy of because of unusually high or low family in- The Secretary of Housing and Urban Devel- comes in such area; and the United States. The Iranian Assets opment shall not directly or indirectly es- ‘‘(ii) with respect to any reference in sub- Control Regulations issued pursuant to tablish a national occupancy standard. paragraph (A) to 80 percent of the median in- Executive Order 12170 continue to play SEC. 703. IMPLEMENTATION OF PLAN. come of the area involved, establish a per- an important role in structuring our (a) IMPLEMENTATION.— centage of median income for any area that relationship with Iran and in enabling (1) IN GENERAL.—Not later than 120 days is higher than 80 percent if the Secretary the United States to implement prop- after the date of the enactment of this Act, finds such variation to be necessary because the Secretary shall implement the Ida erly the Algiers Accords. I shall con- of unusually low family incomes in such Barbour Revitalization Plan of the City of area.’’. tinue to exercise the powers at my dis- Portsmouth, Virginia, in a manner consist- SEC. 705. PROHIBITION OF USE OF CDBG GRANTS posal to deal with these problems and ent with existing limitations under law. FOR EMPLOYMENT RELOCATION AC- will continue to report periodically to (2) WAIVERS.—In carrying out paragraph TIVITIES. the Congress on significant develop- (1), the Secretary shall consider and make Section 105 of the Housing and Community ments. any waivers to existing regulations and Development Act of 1974 (42 U.S.C. 5305) is WILLIAM J. CLINTON. other requirements consistent with the plan amended by adding at the end the following described in paragraph (1) to enable timely new subsection: THE WHITE HOUSE, May 13, 1997. implementation of such plan, except that ‘‘(h) PROHIBITION OF USE OF ASSISTANCE FOR f generally applicable regulations and other EMPLOYMENT RELATION ACTIVITIES.— HOUSING OPPORTUNITY AND requirements governing the award of funding Notwithstanding any other provision of law, RESPONSIBILITY ACT OF 1997 under programs for which assistance is ap- no amount from a grant under section 106 plied for in connection with such plan shall made in fiscal year 1997 or any succeeding The SPEAKER pro tempore. Pursu- apply. fiscal year may be used for any activity (in- ant to House Resolution 133 and rule (b) REPORT.— cluding any infrastructure improvement) XXIII, the Chair declares the House in (1) IN GENERAL.—Not later than 1 year after that is intended, or is likely, to facilitate the the Committee of the Whole House on the date of the enactment of this Act and an- relocation of expansion of any industrial or the State of the Union for further con- nually thereafter through the year 2000, the commercial plant, facility, or operation, city described in subsection (a)(1) shall sub- from one area to another area, if the reloca- sideration of the bill, H.R. 2. mit a report to the Secretary on progress in tion or expansion will result in a loss of em- b 1607 implementing the plan described in that sub- ployment in the area from which the reloca- section. tion or expansion occurs.’’. IN THE COMMITTEE OF THE WHOLE (2) CONTENTS.—Each report submitted SEC. 706. USE OF AMERICAN PRODUCTS. Accordingly the House resolved itself under this subsection shall include— (a) PURCHASE OF AMERICAN-MADE EQUIP- into the Committee of the Whole House (A) quantifiable measures revealing the in- MENT AND PRODUCTS.—It is the sense of the on the State of the Union for the fur- crease in homeowners, employment, tax Congress that, to the greatest extent prac- ther consideration of the bill (H.R. 2) base, voucher allocation, leverage ratio of ticable, all equipment and products pur- to repeal the United States Housing funds, impact on and compliance with the chased with funds made available in this Act Act of 1937, deregulate the public hous- consolidated plan of the city; should be American made. (B) identification of regulatory and statu- (b) NOTICE REQUIREMENT.—In providing fi- ing program and the program for rental tory obstacles that— nancial assistance to, or entering into any housing assistance for low-income fam- (i) have caused or are causing unnecessary contract with, any entity using funds made ilies, and increase community control delays in the successful implementation of available in this Act, the head of each Fed- over such programs, and for other pur- the consolidated plan; or eral agency, to the greatest extent prac- poses, with Mr. LAHOOD Chairman pro (ii) are contributing to unnecessary costs ticable, shall provide to such entity a notice tempore in the chair. associated with the revitalization; and describing the statement made in subsection The Clerk read the title of the bill. (C) any other information that the Sec- (a) by the Congress. The CHAIRMAN pro tempore. When retary considers to be appropriate. SEC. 707. CONSULTATION WITH AFFECTED AREAS SEC. 704. INCOME ELIGIBILITY FOR HOME AND IN SETTLEMENT OF LITIGATION. the Committee of the Whole rose on CDBG PROGRAMS. In negotiating any settlement of, or con- Thursday, May 8, 1997, title VI was (a) HOME INVESTMENT PARTNERSHIPS.—The sent decree for, any litigation regarding pub- open for amendment at any point. Cranston-Gonzalez National Affordable lic housing or rental assistance (under title Are there any amendments to title Housing Act is amended as follows: III of this Act or the United States Housing VI? (1) DEFINITIONS.—In section 104(10) (42 Act of 1937, as in effect before the effective Mr. LAZIO of New York. Mr. Chair- U.S.C. 12704(10))— date of the repeal under section 601(b) of this man, I ask unanimous consent to pro- (A) by striking ‘‘income ceilings higher or Act) that involves the Secretary and any tect two amendments in title VI, if we lower’’ and inserting ‘‘an income ceiling public housing agency or any unit of general higher’’; local government, the Secretary shall con- are to close this title, amendment No. (B) by striking ‘‘variations are’’ and insert- sult with any units of general local govern- 7 by the gentleman from Illinois [Mr. ing ‘‘variation is’’; and ment and public housing agencies having ju- GUTIERREZ], and amendment No. 54 by (C) by striking ‘‘high or’’. risdictions that are adjacent to the jurisdic- the gentleman from Michigan [Mr. (2) INCOME TARGETING.—In section 214(1)(A) tion of the public housing agency involved. SMITH]. I ask unanimous consent that (42 U.S.C. 12744(1)(A))— SEC. 708. USE OF ASSISTED HOUSING BY ALIENS. if it is the expectation of the Chair (A) by striking ‘‘income ceilings higher or Section 214 of the Housing and Community that we will close title VI, that there lower’’ and inserting ‘‘an income ceiling Development Act of 1980 (42 U.S.C. 1436a) is be permission on the part of the Chair higher’’; amended— (B) by striking ‘‘variations are’’ and insert- (1) in subsection (b)(2), by striking ‘‘Sec- to entertain these 2 amendments. ing ‘‘variation is’’; and retary of Housing and Urban Development’’ The CHAIRMAN pro tempore. Is (C) By striking ‘‘high or’’. and inserting ‘‘applicable Secretary’’; there objection to the request of the (3) RENT LIMITS.—In section 215(a)(1)(A) (42 (2) in subsection (c)(1)(B), by moving gentleman from New York? U.S.C. 12745(a)(1)(A))— clauses (ii) and (iii) 2 ems to the left; H2554 CONGRESSIONAL RECORD — HOUSE May 13, 1997 (3) in subsection (d)— tiveness of the final regulations issued under creating an environment where vir- (A) in paragraph (1)(A)— paragraph (2) of this subsection. tually everybody is unemployed, and I (i) by striking ‘‘Secretary of Housing and (2) REGULATIONS.—The Secretary shall, not mean the unemployment rate is ap- Urban Development’’ and inserting ‘‘applica- later than the expiration of the 90-day period proximately 99 percent, Mr. Chairman; ble Secretary’’; and beginning on the date of the enactment of (ii) by striking ‘‘the Secretary’’ and insert- this Act, issue final regulations to imple- creating an environment where halls ing ‘‘the applicable Secretary’’; ment the amendments made by subsection are sealed off so criminal activity can (B) in paragraph (2), in the matter follow- (a). Such regulations shall be issued only take place, terrorizing the law-abiding ing subparagraph (B)— after notice and opportunity for public com- that are trying to live by the rules that (i) by inserting ‘‘applicable’’ before ‘‘Sec- ment pursuant to the provisions of section happen to be in public housing. retary’’; and 553 of title 5, United States Code (notwith- We are saying in H.R. 2 we are going (ii) by moving such matter (as so amended standing subsections (a)(2) and (b)(B) of such to put an end to that, we are going to by clause (i)) 2 ems to the right; section). (C) in paragraph (4)(B)(ii), by inserting stop looking the other way, we are SEC. 710. EFFECTIVE DATE. going to stop tolerating that. We are ‘‘applicable’’ before ‘‘Secretary’’; This title and the amendments made by (D) in paragraph (5), by striking ‘‘the Sec- going to look forward to the fact that this title shall take effect on the date of the retary’’ and inserting ‘‘the applicable Sec- enactment of this Act. we expect levels of responsibility, that retary’’; and we are going to expect people who are (E) in paragraph (6), by inserting ‘‘applica- The CHAIRMAN pro tempore. Are law-abiding to be protected, that we ble’’ before ‘‘Secretary’’; there any amendments to title VII? are not going to be standing with the (4) in subsection (h) (as added by section Mr. LAZIO of New York. Mr. Chair- people who are breaking the law, who 576 of the Illegal Immigration Reform and man, I move to strike the last word. Immigrant Responsibility Act of 1996 (divi- are terrorizing those who are trying to Mr. Chairman, we are now near the live peaceably. We are going to be sion C of Public 104–208))— end, I believe, of consideration of (A) in paragraph (1)— standing with the families, with the (i) by striking ‘‘Except in the case of an amendments to H.R. 2, and at this people that have the capacity to take a election under paragraph (2)(A), no’’ and in- point I think it is appropriate that we job, and who want to take a job and serting ‘‘No’’; reflect on the fact that the central te- want to earn more money for their (ii) by striking ‘‘this section’’ and insert- nets of the bill and the themes of the families. We are going to be standing ing ‘‘subsection (d)’’; and bill are left intact by one of the actions (iii) by inserting ‘‘applicable’’ before ‘‘Sec- with them, so we eliminate the rules of the House to this point, and that is that punish them and that work retary’’; and mainly to create an environment where (B) in paragraph (2)— against them. (i) by striking subparagraph (A) and insert- we can begin to successfully address We are going to be standing with the ing the following new subparagraph: core issues of poverty. communities that want the ‘‘(A) may, notwithstanding paragraph (1) of H.R. 2 says, in a very significant way, empowerment, that want that flexibil- this subsection, elect not to affirmatively es- that we will not be able to end poverty ity in order to remake themselves, to tablish and verify eligibility before providing or legislate the end of poverty from financial assistance’’; and reconnect themselves with their own Washington or from any of the State civic responsibility, and yes, we are for (ii) in subparagraph (B), by striking ‘‘in capitols. In fact, if we are to make complying with this section’’ and inserting community service. We believe that is ‘‘in carrying out subsection (d)’’; and progress in our war against poverty, if an important part of all this, because (5) by redesignating subsection (h) (as we are to begin to transform commu- we think out there, Mr. Chairman, that amended by paragraph (4)) as subsection (i). nities, if we are to begin to empower there are hundreds of thousands of ten- SEC. 709. PROTECTION OF SENIOR HOMEOWNERS communities and individuals and fami- ants in low-income areas in public UNDER REVERSE MORTGAGE PRO- lies, that will happen because we create housing that, not because of legislation GRAM. the right set of incentives for respon- (a) DISCLOSURE REQUIREMENTS; PROHIBITION in Washington, not because of legisla- sibility, for work, for family, for eco- tion in the State capitols, but because OF FUNDING OF UNNECESSARY OR EXCESSIVE nomic development, for jobs, for COSTS.—Section 255(d) of the National Hous- it is the right thing to do, will begin ing Act (12 U.S.C. 1715z–20(d)) is amended— empowerment, for rebuilding commu- the process of transforming their own (1) in paragraph (2)— nities. communities. (A) in subparagraph (B), by striking ‘‘and’’ That will happen at the grassroots We are not asking people to serve Big at the end; level, and it will happen because we Brother, we are not asking people to (B) by redesignating subparagraph (C) as empower and we create incentives so subparagraph (D); and serve some far-off master or some leaders of the community will arise State capitol decision. We are asking (C) by inserting after subparagraph (B) the and begin to form coalitions and following: people to give of themselves in their ‘‘(C) has received full disclosure of all costs groups that begin to transform their own community and in their own build- to the mortgagor for obtaining the mort- own backyard. ing, in their own hallway. These are gage, including any costs of estate planning, In this bill that we have before the the things that we are asking in H.R. 2, financial advice, or other related services; House right now, Mr. Chairman, we to enable communities to assume re- and’’; begin that process by removing the dis- sponsibility for their own destiny, to (2) in paragraph (9)(F), by striking ‘‘and’’; incentives to work which exist right give them the right set of incentives so (3) in paragraph (10), by striking the period now, by allowing local housing authori- at the end and inserting ‘‘; and’’; and they can meet those to allow people to (4) by adding at the end the following: ties more responsibility in meeting be everything they can be; not to pun- ‘‘(11) have been made with such restric- their local concerns and challenges, by ish work, but rather to create the in- tions as the Secretary determines to be ap- ensuring that we maintain the synergy centives for the people who can work, propriate to ensure that the mortgagor does of having the working class, the work- want to work, have the ability to work, not fund any unnecessary or excessive costs ing poor, living side by side with those who can do that, so we do not close for obtaining the mortgage, including any that are unemployed; not because we them out. costs of estate planning, financial advice, or want to deny benefits to people who other related services; such restrictions shall are unemployed, but because we under- b 1615 include a requirement that the mortgage ask the mortgagor about any fees that the mort- stand that it has been a disastrous ex- I know that the gentleman from Mas- gagor has incurred in connection with ob- perience to superconcentrate poverty sachusetts [Mr. KENNEDY] has been taining the mortgage and a requirement that in certain areas. deeply committed to many of these the mortgagee be responsible for ensuring When I think back to some of the same goals of creating mixed income that the disclosures required by subsection trips that I have made throughout the and creating environments where we (d)(2)(C) are made.’’. country to meet with people of low-in- can begin to try and attack the core is- (b) IMPLEMENTATION.— come areas, and I think about places sues of poverty. I know the gentleman (1) NOTICE.—The Secretary of Housing and like State Street in Chicago, there are would certainly agree that it is both Urban Development shall, by interim notice, 1 implement the amendments made by sub- 4 ⁄2 straight miles of nothing but public cost-effective and far more humane to section (a) in an expeditious manner, as de- housing, 20-story buildings one after begin to get to the root causes of pov- termined by the Secretary. Such notice shall another, where because of Federal pol- erty, to begin to address them. That is not be effective after the date of the effec- icy we have superconcentrated poverty, what the people in the community May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2555 need. That is what the people of low in- to as mandatory voluntarism. We have housing for low income people under come need and certainly, I think, what spent hours debating the provision in the section 8 program. taxpayers want. They want to know H.R. 2 which would require public hous- The differentiation is, in this case, that they are getting value for the dol- ing residents, including mothers of the program was created in order to en- lar and they want to see that the peo- young children, to perform 8 hours of courage owners to develop properties ple who have ability to transition back community service each month. and to dedicate their units to service into the work force or to transition Whether this represents mandatory for people of low income, low and mod- back to market-rate units can do that. voluntarism, as Democrats have erate income. Although we have had some concerns charged, or work for benefit, as Repub- So in that sense, there is very much about how we get there, I know when licans have claimed, the sponsors of a public mission involved in this. We this is said and done, this bill is up for H.R. 2 were adamant that public hous- are not extending a benefit to owners final passage, that we will be able to ing residents who are not employed of low-income housing, which only move forward and achieve those goals. should be required to perform commu- moves one way, in the direction of the AMENDMENT OFFERED BY MR. KENNEDY OF nity service or be evicted from public owner. In fact, in this sense there is a MASSACHUSETTS housing. sense of reciprocity, that the benefit, Mr. KENNEDY of Massachusetts. Mr. Well, fair is fair. This amendment to the extent that there is one, is the Chairman, I offer an amendment. would take the very same requirement, incentive to develop properties for low- The Clerk read as follows: the very same idea, the very same income individuals and that in ex- Amendment offered by Mr. KENNEDY of sense of giving back something to our change for these incentives that the Massachusetts: country and apply it to owners of sec- owner would commit by law to ensure Page 287, after line 15, insert the following: tion 8 housing. that those units in his building or her ‘‘(6) COMMUNITY WORK REQUIREMENT.— These owners get a clear financial building were only available to those of ‘‘(A) IN GENERAL.—Except as provided in benefit from the Government, federally low income or moderately low income. subparagraph (B), as a condition of contin- subsidized rents on projects owned by Of course, the adoption of this ued assistance under any existing contract such owners. Without such assistance, amendment, as I say, is in response, I for section 8 project-based assistance and of believe, to the actions of this House in entering into any new or renewal contract many such properties would go bank- for such assistance, each adult owner of the rupt, potentially bankrupting their defense of the community service re- housing subject to (or to be subject to) the owners. quirement but would have the perverse contract shall contribute not less than 8 Therefore, all this amendment says is effect, in the end, of potentially under- hours of work per month (not including po- that, if public housing residents who mining our ability to expand our af- litical activities) within the community in get a financial benefit from the Gov- fordable housing stock, ensuring that which the housing is located, which may in- ernment should perform community we have fewer owners who are partici- clude work performed on locations other service, so should the landlords. Please pating in this program. And I would than the housing. note that my amendment contains say, Mr. Chairman, in the end as we ‘‘(B) EXEMPTIONS.—The requirement under subparagraph (A) shall not apply to any identical language and the provisions begin to think about restructuring this owner who is an individual who is— as those contained in H.R. 2 in the sec- entire section 8 portfolio, which is an ‘‘(i) an elderly person; tion dealing with public housing resi- exceptional challenge, that the timeli- ‘‘(ii) a person with disabilities; dents. We include exceptions for the el- ness of such an amendment could not ‘‘(iii) working, attending school or voca- derly. We include exceptions for the be worse in terms of trying to preserve tional training, or otherwise complying with disabled. And we include exceptions for the affordability of certain of these work requirements applicable under other anyone working or complying with amendments. public assistance programs (as determined Mr. KENNEDY of Massachusetts. Mr. by the agencies or organizations responsible welfare requirements. for administering such programs); or This amendment only applies to idle Chairman, will the gentleman yield? ‘‘(iv) otherwise physically impaired to the landlords, those who simply collect Mr. LAZIO of New York. I yield to extent that they are unable to comply with rent checks from the Federal Govern- the gentleman from Massachusetts. the requirement, as certified by a doctor. ment or spend their days watching Mr. KENNEDY of Massachusetts. Mr. ‘‘(C) DEFINITION.—For purposes of this Oprah Winfrey or playing golf all day. Chairman, I appreciate the gentleman paragraph, the term ‘owner’ includes any in- In other words, basically what we are yielding to me. I would point out to the dividual who is the sole owner of housing suggesting here, Mr. Chairman, is what gentleman that it seems to me that we subject to a contract referred to in subpara- were talking about an awfully impor- graph (A), any member of the board of direc- is good for the goose is good for the tors of any for-profit or nonprofit corpora- gander. What we want to do is make tant lofty principle last week in terms tion that is an owner of such housing, and certain that this is not a punitive pro- of making certain that people get a any general partner or limited partner of vision that is contained in H.R. 2, benefit from the Government in the any partnership that is an owner of such which would suggest only people in form of subsidized housing ought to be housing.’’. public housing who get a benefit from required to give something back to the Page 287, line 16, strike ‘‘(6)’’ and insert the Government who are not working country in terms of volunteering. ‘‘(7)’’. should go ahead and volunteer but, We are not suggesting that anybody Mr. KENNEDY of Massachusetts rather, anyone who gets a benefit from that is working or anybody that is el- (during the reading). Mr. Chairman, I public housing programs who does not derly or anybody that is disabled ask unanimous consent that the work ought to also volunteer as well. should be covered by this amendment. amendment be considered as read and I hope that the gentleman from New We are saying if you are a coupon clip- printed in the RECORD. York would consider accepting this per, if you are just sitting back at The CHAIRMAN pro tempore (Mr. amendment in the spirit of volunta- home and you have instructed some—— LAHOOD). Is there objection to the re- rism which he has so adeptly included Mr. LAZIO of New York. Reclaiming quest of the gentleman from Massachu- in the rest of this bill. my time, Mr. Chairman, let me say to setts? The CHAIRMAN pro tempore. Does the gentleman, the difference is clearly There was no objection. the gentleman from New York [Mr. here that we are, the community is re- Mr. LAZIO of New York. Mr. Chair- LAZIO] withdraw his point of order? ceiving something back from the own- man, I reserve a point of order against Mr. LAZIO of New York. Mr. Chair- ers. They are receiving the commit- the amendment. man, I withdraw my point of order. ment by the owners that they will de- The CHAIRMAN pro tempore. A Mr. Chairman, I move to strike the velop property and they will make all point of order is reserved. last word. the units available to people of low and The Chair recognizes the gentleman This amendment is offered obviously moderate income. So there is a sense of from Massachusetts [Mr. KENNEDY]. in response to the various attempts to reciprocity. Mr. KENNEDY of Massachusetts. Mr. strike the community service require- In fact, when we did do the commu- Chairman, we have debated long and ment in the bill and in fact, if adopted, nity service, we did have a hearing in hard on this bill, the idea of a manda- would have the counterproductive ef- this House over the community service tory work requirement that is referred fect of discouraging additional units of amendments, there was a sense on the H2556 CONGRESSIONAL RECORD — HOUSE May 13, 1997 part of this House that we thought that called hallowed halls of justice in Mr. KENNEDY of Massachusetts. Mr. it was entirely appropriate for people Washington, DC, that we see every bit Chairman, if the gentleman will con- who were residents in public housing as much immorality take place on this tinue to yield, I am glad that the gen- who were tenants and who received the floor or around this city as we do any tleman now knows that there are other benefit of public housing and very place else in America. I do not think kinds of coupons that are clipped in often had their utilities paid for, that that it is right that we say, listen, if America. they could, that we would ask the non- you are a passive investor, we are not b 1630 elderly, the nondisabled, the people suggesting if you are actually manag- Because, believe me, if we are going that are not involved in educational or ing the project, if you are working in to sit in the Congress of the United work experiences to give of themselves the community, if you are actually States, we should know that there are to help rebuild their own communities; building the housing, if you are in- volved in some way, that you should be other people that are picking the pock- 2 hours a week, 8 hours a month, 15 ets of those kind of coupon clippers hours a day, an entirely reasonable re- covered under this requirement. We are just saying, if you are simply a passive that the gentleman grew up with. quest in return for the benefit. I would suggest to the gentleman Mr. KENNEDY of Massachusetts. Mr. investor, if you are not working in any other cause of employment, if you are that it is important that we be aware Chairman, will the gentleman yield? of just how much they get out of this Mr. LAZIO of New York. I yield to just sitting back at home clipping cou- pons and investing and getting almost country and how many hundreds of bil- the gentleman from Massachusetts. lions of dollars comes out of the Con- Mr. KENNEDY of Massachusetts. Mr. a guaranteed give-back from the Fed- eral Government for providing project gress of the United States that goes Chairman, does the gentleman feel that into their back pockets. Because that only the poor should be required to based section 8s, one of the richest pro- grams in this country, one of the pro- is really what goes on in this Chamber give something back to their country? and that is really where the dollars Mr. LAZIO of New York. Reclaiming grams that the other side of the aisle suggests needs to be reformed, and I need to be saved if we are to balance my time, Mr. Chairman, I would say to the budget. could not agree with more, we need to the gentleman, wherever there is a one- We have cut the housing budget from reform it. I have worked with Sec- way street, wherever an individual, no $28 billion a year down to $20 billion a matter what income, is receiving the retary Cuomo very closely. I have year. We have cut the homeless spend- benefit and giving nothing back to the worked with the gentleman from Cali- ing by a quarter. And what we do is we community, then in those situations fornia [Mr. LEWIS] on the Committee are going to say then that we are going we believe community service and on Appropriations in trying to fashion to jack up the rents on the people that community work are appropriate. In some new ways of dealing with the go into public housing, we are going to those situations, as in the case of own- overrich subsidies that go to some of increase the incomes on the people ers of section 8 housing, where we have the landlords that invest in the project that go into public housing, we will not encouraged them, the Federal Govern- based section 8 programs. do anything for the very poor that will All we are suggesting is, hey, look, ment went on and encouraged, enticed no longer be eligible for public housing. you want to sit back and get 20, 30, 40 them to make the commitment to They will not be taken care of; we will percent on your money at taxpayer build affordable units, that is a two- not even provide them with homeless subsidy and then not do any work for it way street. programs. But boy, oh, boy, we should and you are not working in any other The real bottom line here is that we certainly not ask the landlords that job throughout the year, maybe, just have an enormous human potential of are profiting so much on these maybe it ought to be a reasonable hundreds of thousands of Americans projects, we should not ask them that premise that we expect you to do some who are tenants in public housing that are not working, are not disabled, are volunteer work. It is only 8 hours a can be marshaled to bring about the not elderly to just give 15 minutes a month, as the gentleman points out, level of change where we can begin to day, 15 minutes a day to volunteer on only 15 minutes a day. All we want attack these core issues of poverty be- behalf of helping others. these passive investors, these coupon cause in the end we have a great deal of I do not think it is a lot to ask. I clippers to do is give us 15 minutes a think we are asking the same thing of talent at our disposal. We are not going day of volunteer work. to legislate the end of poverty. We are people involved in public housing I would hope that the gentleman themselves, and I would hope, again, going to have change in our commu- from New York would be willing to nities because people in these commu- that the gentleman from New York stand up to some of the wealthy and would end up accepting this very small nities can begin to transform their own powerful investors and landlords of this backyards. requirement. country just as we are willing to stand The CHAIRMAN pro tempore (Mr. Mr. NADLER. Mr. Chairman, I move up to those poor people that live in to strike the requisite number of LAHOOD). The question is on the public housing and ask those wealthy amendment offered by the gentleman words. and powerful individuals to give just as Mr. Chairman, I yield to the gen- from Massachusetts [Mr. KENNEDY]. much back to America who are getting The question was taken; and the tleman from Massachusetts [Mr. KEN- so much out of America. If you look at Chairman announced that the noes ap- NEDY]. the kinds of subsidies that are received peared to have it. Mr. KENNEDY of Massachusetts. Mr. in terms of the amount of money that Mr. KENNEDY of Massachusetts. Mr. Chairman, I appreciate the gentleman an individual who occupies a single Chairman, I demand a recorded vote. from New York yielding to me. unit of public housing receives versus The CHAIRMAN pro tempore. Pursu- I would just like to point out that the kind of money that comes back to ant to House Resolution 133, further this is a very clear and, I think, impor- passive investors in the project based proceedings on the amendment offered tant amendment. It is establishing, I section 8 program lining their pockets, by the gentleman from Massachusetts think, a reasonable principle, that just believe me, a lot more money flows [Mr. KENNEDY] will be postponed. because you have money in America into the back pockets of project based Are there further amendments? does not mean you should be exempted section 8s than it does of public hous- AMENDMENT OFFERED BY MR. NADLER from these requirements that we seem ing. Mr. NADLER. Mr. Chairman, I offer to be so intent on putting on the poor, Mr. LAZIO of New York. Mr. Chair- an amendment. that the poor should work, that the man, will the gentleman yield? The Clerk read as follows: poor are really the root cause of the Mr. NADLER. I yield to the gen- Amendment offered by Mr. NADLER: moral decay of America because they tleman from New York. Page 335, after line 6, insert the following are on welfare or because they accept Mr. LAZIO of New York. Mr. Chair- new section: public housing, that that is really the man, I would just mention that in my SEC. 709. TRANSFER OF SURPLUS REAL PROP- problem, the cancer that is eating at background the only kind of coupon ERTY FOR PROVIDING HOUSING FOR LOW- AND MODERATE-INCOME FAMI- the soul of America. clipping that I was ever aware of was LIES. I would just suggest that, having when my mom clipped the coupons for (a) IN GENERAL.—Notwithstanding any spent enough time around these so- the supermarket. other provision of law (including the Federal May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2557 Property and Administrative Services Act of housing in both the public and private is something I very strongly would 1949), the property known as 252 Seventh Av- sectors. This amendment will do just favor, I think he is doing the people enue in New York County, New York is au- that in a little way. This amendment that are providing low-income housing thorized to be conveyed in its existing condi- will give the General Services Adminis- a real service in terms of providing this tion under a public benefit discount to a non- amendment on the House floor, and I profit organization that has among its pur- tration and the Department of Housing poses providing housing for low-income indi- and Urban Development the option to very much appreciate the gentleman’s viduals or families provided, that such prop- transfer a parcel of surplus property in thoughtful and helpful suggestions. erty is determined by the Administrator of my district in New York to a nonprofit I want to just try to understand how General Services to be surplus to the needs agency to provide low- and moderate- long the properties themselves, if the of the government and provided it is deter- income housing. gentleman has an understanding of mined by the Secretary of Housing and The parameters laid out in the how long those might be tied up for. Urban Development that such property will amendment are strict. The nonprofit Mr. NADLER. Mr. Chairman, will the be used by such non-profit organization to gentleman yield? provide housing for low- and moderate-in- agency must be experienced in the pro- vision of housing for low-income fami- Mr. KENNEDY of Massachusetts. I come families or individuals. yield to the gentleman from New York. lies or individuals. The property must (b)(1) PUBLIC BENEFIT DISCOUNT.—The Mr. NADLER. Mr. Chairman, it is amount of the public benefit discount avail- be used for low- and moderate-income one piece of property, first of all. This able under this section shall be 75 percent of housing for at least 30 years. If it is only applies to one piece of property, the estimated fair market value of the prop- not, its title will revert back to the erty, except that the Secretary may discount by its terms. A particular address is set United States. in the bill. This particular piece of by a greater percentage if the Secretary, in The Department of Housing and consultation with the Administrator, deter- property has already been declared not mines that a higher percentage is justified Urban Development will be allowed to usable for McKinney Act purposes. So due to any benefit which will accrue to the require any additional terms and con- that is not a question. United States from the use of such property ditions, such as, for example, evidence It is our belief that this will be trans- for the public purpose of providing low- and of adequate financing, evidence of fi- ferred within a period of months, hope- moderate-income housing. nancial responsibility and so forth, fully, to the agency for low income co- (2) REVERTER.—The Administrator shall re- that it deems necessary to protect the operative housing, and that it will pro- quire that the property be used for at least 30 interests of the United States and to ceed to develop it for such purposes. years for the public purpose for which it was accomplish the goals of providing low- originally conveyed, or such longer period of Mr. KENNEDY of Massachusetts. Mr. time as the Administrator feels necessary, to to moderate-income housing. Chairman, reclaiming my time, I ap- protect the Federal interest and to promote While this amendment does not man- preciate the gentleman’s clarification. the public purpose. If this condition is not date the General Services Administra- This is just for this single piece of met, the property shall revert to the United tion to transfer this property in so property; it is not a provision across States. many words, it is our intent to strong- the board? (3) DETERMINATION OF FAIR MARKET ly encourage GSA to allow for the con- Mr. NADLER. If the gentleman VALUE.—The Administrator shall determine version of this space to affordable would continue to yield, yes, that is estimated fair market value in accordance housing. correct. with Federal appraisal standards and proce- Let me make it quite clear that such Mr. KENNEDY of Massachusetts. Mr. dures. Chairman, I appreciate the gentleman’s (4) DEPOSIT OF PROCEEDS.—The Adminis- a transfer is the intent of this amend- trator of General Services shall deposit any ment. This amendment does not man- clarification. proceeds received under this subsection in date the GSA to transfer the property, The CHAIRMAN pro tempore. The the special account established pursuant to only to allow for the unlikely possibil- question is on the amendment offered section 204(h)(2) of the Federal Property and ity that no proposal meets the strict by the gentleman from New York [Mr. Administrative Services Act of 1949. requirements set forth in the amend- NADLER]). (5) ADDITIONAL TERMS AND CONDITIONS.— ment, although we believe that there The amendment was agreed to. The Administrator may require such addi- Mr. ROEMER. Mr. Chairman, I move will be such a proposal. tional terms and conditions in connection to strike the last word. with the conveyance under subsection (a) as I again thank my colleagues on both Mr. Chairman, I wish to engage in a the Administrator considers appropriate to sides of the aisle for the degree of colloquy with the gentleman from New protect the interests of the United States collegiality and cooperation they have York [Mr. LAZIO], the distinguished and to accomplish a public purpose. shown in bringing this amendment to chairman of the Subcommittee on Mr. NADLER (During the reading). the floor. Housing and Community Opportunity, Mr. Chairman, I ask unanimous con- Mr. LAZIO of New York. Mr. Chair- and the gentleman from California [Mr. sent that the amendment be considered man, I rise in support of the gentle- CALVERT]. as read and printed in the RECORD. man’s amendment, and I congratulate Mr. Chairman, one of the primary The CHAIRMAN pro tempore. Is the gentleman from New York for purposes of the bill we are discussing there objection to the request of the bringing forth this amendment. We today is to provide affordable housing gentleman from New York? have had a chance to work together for Americans. Certainly one major There was no objection. and I want to thank him for his co- source of affordable, quality and Mr. NADLER. Mr. Chairman, I rise operation in working with the commit- unsubsidized housing is manufactured today to offer this amendment to H.R. tee staff. housing. At an average cost of $37,000, 2. I would like to thank first of all the I believe this is an appropriate and manufactured housing provides owner- gentleman from New York [Mr. LAZIO], positive reuse for this particular prop- ship opportunities to a wide range of the gentleman from Massachusetts erty, and I am supportive of the gentle- Americans, including single parents, [Mr. KENNEDY], the chairman of the man’s efforts and will be supportive of first-time home buyers, senior citizens, Committee on Government Reform and this amendment when it comes to a and young families, and now represents Oversight, the gentleman from Indiana vote. one out of every three new homes sold [Mr. BURTON], and the chairman of the Mr. KENNEDY of Massachusetts. Mr. in the United States of America. Subcommittee on Government Man- Chairman, I move to strike the last Mr. CALVERT. Mr. Chairman, will agement, Information and Technology, word. the gentleman yield? the gentleman from California [Mr. I wanted to just get clear on how Mr. ROEMER. I yield to the gen- HORN], and their staffs for their hard long a period of time. We have already, tleman from California. work and cooperation on this amend- as I understand it, about a 60-day set- Mr. CALVERT. Mr. Chairman, al- ment. I deeply appreciate the biparti- aside for homeless programs that are though the manufactured housing pro- san goodwill that was demonstrated in able to bid on these properties. I won- gram is largely financed through indus- the process of bringing this amendment dered if the gentleman from New York try-funded label fees and currently has to the floor. has any idea of what time period that a surplus of $7.5 million, there are sig- In this era of severely limited re- the properties would then be held for. nificant staffing shortfalls in the Man- sources, we must do all we can with First, let me say that I think the in- ufactured Housing and Standards Divi- what we have to create affordable tent of the gentleman from New York sion in the Department of Housing and H2558 CONGRESSIONAL RECORD — HOUSE May 13, 1997 Urban Development. Currently there Mr. ROEMER. Mr. Chairman, re- on ozone and particulate matter and are only 10 professional and 3 clerical claiming my time, I thank the chair- its possible effects on children with staff administering the entire program, man and the gentleman from Califor- asthma. As we try to find reasonable compared with the staffing level of 35 nia and the gentleman from Massachu- solutions to this environmental issue, in 1984 when production levels were sig- setts for their help on this very impor- let us take this opportunity to solve a nificantly lower. tant issue to my district, to Indiana problem that we know is a major cause Even though these personnel costs and to America, and look forward to of asthma in inner city children. are primarily funded by the manufac- working in a bipartisan way to solve I would also like to point out that in tured housing industry, and there are this problem. 1990, and we are spending a lot more more than enough funds to pay for Mr. KENNEDY of Massachusetts. Mr. now than then, that we spent $6.2 bil- some reasonable personnel additions, Chairman, will the gentleman yield? lion in terms of dealing with asthma. program staffing levels are subject to Mr. ROEMER. I yield to the gen- Now that we know that cockroaches overall HUD and OMB salary and ex- tleman from Massachusetts. have a lot to do with it, we will be able pense caps. Mr. KENNEDY of Massachusetts. Mr. to save some money. So I am hoping Mr. ROEMER. Mr. Chairman, re- Chairman, I just want to thank my that my colleagues will join me in sup- claiming my time, I would add that good friend from Indiana for the work porting this amendment because this is while there is not necessarily a need to he has done. He has brought this to a a money-saving amendment that also return to the 1984 staffing levels, there lot of people’s attention in the past and makes it possible to improve the qual- is concern that the basic functions of hosted meetings and the like trying to ity of life for so many people. the manufactured housing programs, make certain that manufactured hous- b 1645 such as issuing interpretations and up- ing folks get the necessary personnel dating even noncontroversial stand- they need out of HUD, and we appre- I urge the adoption of this amend- ards, are falling behind schedule. ciate the gentleman’s hard work on ment because it saves money and it In order to provide adequate staffing this issue. also protects lives and improves the and administration of this program, I The CHAIRMAN pro tempore. Are quality of health. would like to work with the gentleman there further amendments? Mr. LAZIO of New York. Mr. Chair- from New York [Mr. LAZIO], the gen- AMENDMENT NO. 53 OFFERED BY MR. TOWNS man, I move to strike the last word. tleman from California [Mr. CALVERT], Mr. TOWNS. Mr. Chairman, I offer an Mr. Chairman, I want to thank the and other Members of this body, in- amendment. gentleman from New York [Mr. TOWNS] cluding the gentleman from Massachu- The CHAIRMAN pro tempore. The for offering this amendment. It is in re- setts [Mr. KENNEDY], in a bipartisan Clerk will designate the amendment. sponse, I believe in part, certainly to The text of the amendment is as fol- manner to set separate and distinct the experiences of the gentleman in lows: salary and expense caps for the manu- traveling around various urban areas Amendment No. 53 offered by Mr. TOWNS: and also to the recent articles that factured housing program. Page 256, after line 9, insert the following: Mr. LAZIO of New York. Mr. Chair- ‘‘(10) Whether the agency has conducted have been published with respect to the man, will the gentleman yield? and regularly updated an assessment to iden- incidence of asthma among young peo- Mr. ROEMER. I yield to the gen- tify any pest control problems in the public ple, among children in particular, who tleman from New York. housing owned or operated by the agency have been in contact with cockroaches. Mr. LAZIO of New York. Mr. Chair- and the extent to which the agency is effec- The very fact that certain housing de- man, I wanted to thank both the gen- tive in carrying out a strategy to eradicate velopments have infestations of cock- tleman from California and the gen- or control such problems, which assessment roaches and other pests, and I have tleman from Indiana for their interest and strategy shall be included in the local been in some of the units where there housing management plan for the agency and commitment to manufactured under section 106.’’. has been what can only be described as housing. It is one of the preeminent af- Page 256, line 10, strike ‘‘(10)’’ and insert sort of a proliferation of these pests fordable housing tools that we have in ‘‘(11)’’. where they are overrunning the unit. It America, and I want to say that we Mr. TOWNS. Mr. Chairman, in a is unbelievable that in America we tol- should be taking every reasonable ac- study released last week, scientists re- erate this, but it is also a reflection of tion to preserve the Federal manufac- ported that children who are allergic to the fact that there has been some very tured housing program. cockroaches and heavily exposed to poor performance on the part of certain In order to provide for the adequate other insects were three times more housing authorities in ensuring that staffing of the manufactured housing likely to be hospitalized than other this is taken care of. program, which is largely, as the gen- asthmatic youth. Many of these young- Although I compliment the gen- tleman said, self-funded through indus- sters live in the poorest areas of our tleman, we should not need to have leg- try label fees and currently has a sur- Nation, areas with a high concentra- islation in order to deal with this prob- plus in excess of $7 million, I recognize tion of public housing units. lem. This should be expected in terms that it may be necessary to exempt the In response to the findings of this of the performance of the housing au- manufactured housing program from study, I rise today to offer an amend- thorities to ensure that there are overall HUD and OMB salary and ex- ment which will help to save the lives healthy and sanitary conditions in pense caps and create separate and dis- of many asthmatic children who live in these units. In fact, this is a significant tinct caps for the program. That would public housing. We all know that asth- problem. It is a significant problem, es- only be fair and reasonable under the ma is one of the most common chronic pecially among inner city populations, circumstances. In fact, I circulated a childhood diseases and we know now but not only among inner city popu- letter to Secretary Cuomo signed by 72 that there is a strong link between lations. Democrats and Republicans in the cockroaches and asthma. According to Therefore, it is entirely appropriate House expressing support for such the New England Journal of Medicine, that the gentleman offers this amend- changes. cockroaches cause one quarter of all ment, that this subject be part of the I certainly look forward to working asthma in inner cities. Asthma is in- evaluation that takes place when we with my colleagues to make this im- creasing in cities and in suburbs, but it determine how well a housing author- portant modification, and would tell is especially bad in our inner cities. ity is doing in discharging its basic du- both the gentleman from California My amendment would permit the ties. I offer my basic support and ex- and the gentleman from Indiana that, Secretary to provide for assessments to pect to be voting in favor of this in addition, we have been working with identify any pest control programs and amendment. the gentleman from Indiana [Mr. evaluate the performance of public Mr. KENNEDY of Massachusetts. Mr. MCINTOSH], on this, and that I greatly housing agencies as it relates to the Chairman, I move to strike the req- appreciate their interest and commit- eradication or control of the pest prob- uisite number of words. ment to this and look forward to work- lem in public housing. Mr. Chairman, I just want my col- ing together in a collaborative way to This year in the Committee on Com- leagues to know that my good friend make sure these changes take place. merce we have had numerous hearings from New York, in promoting the so- May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2559 called RADAC this evening, has once PORTFOLIO RESTRUCTURING based assistance where apartments are again shown that he is interested in The Congress and the administration are subsidized. There is an effect on the cleaning up the house. The gentleman working together to reform section 8 FHA in- community in terms of stabilization, from New York [Mr. TOWNS] has always sured housing units. Unfortunately, the value and there is a potential effect on as- been dedicated to serving the needs of of many properties in the insured section 8 sessments in the area as a poorly main- some of the very poor people in his dis- portfolio is lower than the actual mortgages on tained property could have a very dele- trict he has very, very well represented the properties. Four objectives should be para- terious effect on the surrounding com- and fought for here in the Congress. He mountÐ munity. is a close friend of mine, someone First, reducing the Federal Government's Mr. SMITH of Michigan. If I can re- whose work I deeply admire. I appre- exposure to default, waste, and other ex- claim my time for a question, is there ciate the fact that he is trying to make penses; a timetable? Does the gentleman plan sure that people who live in public Second, restructuring should be fair to the to bring out a bill dealing with this housing are not forced to live in the taxpayer; problem? conditions that all too often find them- Third, insuring peace of mind and security Mr. LAZIO of New York. I would say selves infested with cockroaches. Once for current residents of section 8 housing; and to the gentleman, bills have already again leading the charge on cleaning Fourth, ending rent subsidies that are higher been introduced to deal with this prob- up the house is the gentleman from than fair market value. lem. There is one bill that has been in- New York [Mr. TOWNS]. LEGISLATIVE ACTION NEEDED troduced by myself at the request of The CHAIRMAN pro tempore [Mr. I have suggested limiting Federal payments the administration which I think has LAHOOD]. The question is on the to 120 percent of fair market rents and giving some merit, that we have some dis- amendment offered by the gentleman HUD authority to renegotiate section 8 mort- agreements with, but I think is appro- from New York [Mr. TOWNS]. gages. We need to provide tax provisions that priate in the sense that it moves to- The amendment was agreed to. allow section 8 owners to not be penalized, ward the same themes of mixed income Mr. SMITH of Michigan. Mr. Chair- and insure that owners agree in exchange to that we have been talking about in the man, I move to strike the last word to preserve affordable units for low-income fami- context of H.R. 2, the bill before us join in a colloquy with the gentleman lies. today. from New York [Mr. LAZIO], the chair- I would just like to inquire of the There is another bill that has been man. chairman of what he sees as the introduced by the gentlewoman from Mr. Chairman, I am very concerned progress of legislation dealing with Ohio [Ms. PRYCE] and the gentleman about where we go on section 8 project this issue, since the bill before us today from Virginia [Mr. MORAN] that seeks housing. As we have reviewed this issue does not deal with that issue. to deal with this. My staff in working in the Committee on the Budget over Mr. LAZIO of New York. Mr. Chair- with the Senate has been working on the last several years, it probably pre- man, will the gentleman yield? this for months. It is a very difficult sents one of the toughest issues facing Mr. SMITH of Michigan. I yield to problem in the sense that there are tax Congress. Left unchecked, section 8 the gentleman from New York. consequences involved in this, there contracts will deplete significantly our Mr. LAZIO of New York. Mr. Chair- are potential issues of phantom in- HUD funds. I did take to the desk an man, as the gentleman realizes, this come, there are potential consequences amendment that would have limited problem was created not last year or 2 to the community in terms of assess- subsidies to section 8 housing contracts years ago or 5 years ago, but over 20 ments and tax bases. There are States that were in excess of 120 percent of the years ago when the section 8 program involved in this program through risk fair market rental rates. The fact is was created. At that time the Federal sharing. Their ability to be properly that we need legislation that will end Government, in its infinite wisdom to rated is affected. It is a very, very com- excessive taxpayer subsidies to land- encourage people to invest in low-in- plex problem that we want to com- lords and bring back into line these ex- come housing and develop housing that pletely understand. We are hampered, I cessive subsidies of rents. moved away from public housing to a would say to the gentleman, by an un- We have made many contractors and land- more appropriate blend of private and believable lack of data on the part of lords millionaires while shortchanging low in- public partnership, created the section HUD in order to make reasonable as- come renters and the American taxpayer. We 8 program. sumptions to have good policy. need legislation that will end excessive tax- Unfortunately, when they created Mr. SMITH of Michigan. I thank the payer subsidies to landlords and bring back that program, we ended up on both gentleman. sides of the deal, so to speak. By that into line excessive subsidized rents. Out-of- AMENDMENT NO. 54 OFFERED BY MR. SMITH OF wack rents that Uncle Sam pays must be I mean that we guaranteed mortgages MICHIGAN brought into line with what everyone else through the FHA fund at the Federal Mr. SMITH of Michigan. Mr. Chair- pays. Government for 40 years, but we guar- man, I offer an amendment. These out-of-wack rents for section 8 as- anteed cash flow through the section 8 The CHAIRMAN pro tempore. The sisted housing, often are more than twice as program for 20 years to the owners. So Clerk will designate the amendment. high as fair market rents. In Las Vegas, the we are on both ends of the deal. To the The text of the amendment is as fol- average federally assisted apartment is $820, extent that we rachet down the annual lows: costs to keep up the units precipi- while the private market rate is $380. Section Amendment No. 54 offered by Mr. SMITH of 8 project owners have hit the jackpot here. In tously, which I believe we all would Michigan: Pittsburgh, the comparison is $773 to $397. In like, I certainly would like to see that Page 294, strike line 5 and all that follows Detroit, it's $751 to $479. happen, we risked that certain of these through page 297, line 4, and insert the fol- Expiring subsidy contracts on FHA insured properties would end up in default as lowing: section 8 project-based properties is one of owners simply walk away from them, SEC. 622. PET OWNERSHIP BY ELDERLY PERSONS the toughest issues facing Congress. Let un- because these loans are guaranteed 100 AND PERSONS WITH DISABILITIES. checked section 8 contracts will deplete all cents on the dollar by the Federal Gov- Section 227 of the Housing and Urban- ernment. That simply means that the Rural Recovery Act of 1983 (12 U.S.C. 1701r–1) HUD funds for affordable housing and commu- is amended to read as follows: nity development in a few years. Equally im- Federal Government would receive the ‘‘SEC. 227. PET OWNERSHIP BY ELDERLY PER- portant is the portfolio restructuringÐthou- property back and would be stuck for SONS AND PERSONS WITH DISABIL- sands of families are at risk of losing afford- the entire bill because it would be re- ITIES IN FEDERALLY ASSISTED able housing. sponsible for repaying the bank for any RENTAL HOUSING. This year a record number of project-based money that is owed because we have ‘‘(a) RIGHT OF OWNERSHIP.—A resident of a and tenant-based section 8 contracts will ex- guaranteed that mortgage. It is an dwelling unit in federally assisted rental enormous problem, I would say to the housing who is an elderly person or a person pire. And between 1998 and 2002 section 8 with disabilities may own common house- budget authority will need to almost double gentleman, because we have at-risk hold pets or have common household pets from $9.2 billion to $18.1 billion. By 2002, ap- people there, we have seniors and dis- present in the dwelling unit of such resident, proximately 2.7 million units or over 5 million abled, we have people who are very vul- subject to the reasonable requirements of low-income individuals will be affected. nerable who are in section 8 project- the owner of the federally assisted rental H2560 CONGRESSIONAL RECORD — HOUSE May 13, 1997 housing and providing that the resident changes at the desk to that amend- ‘‘(F) assisted under title V of the Housing maintains the animals responsibly and in ment be accepted as the amendment Act of 1949; or compliance with applicable local and State under consideration. ‘‘(G) insured, assisted, or held by the Sec- public health, animal control, and The CHAIRMAN pro tempore. Is retary of a State or State agency under sec- anticruelty laws. Such reasonable require- tion 236 of the National Housing Act. ments may include requiring payments of a there objection to the request of the ‘‘(2) OWNER.—The term ‘owner’ means, with nominal fee and pet deposit by such resi- gentleman from Michigan? respect to federally assisted rental housing, dents owning or having pets present, to There was no objection. the entity or private person, including a co- cover the operating costs to the project re- The CHAIRMAN pro tempore. The operative or public housing agency, that has lating to the presence of pets and to estab- Clerk will report the modification. the legal right to lease or sublease dwelling lish an escrow account for additional such The Clerk read as follows: units in such housing (including a manager costs not otherwise covered, respectively. Amendment No. 54, as modified, offered by of such housing having such right). Notwithstanding section 225(d) of the Hous- Mr. SMITH of Michigan: ‘‘(3) ELDERLY PERSON AND PERSON WITH DIS- ing Opportunity and Responsibility Act of Page 294, strike line 5 and all that follows ABILITIES.—The terms ‘elderly person’ and 1997, a public housing agency may not grant through page 297, line 4, and insert the fol- ‘persons with disabilities’ have the meanings any exemption under such section from pay- lowing: given such terms in section 102 of the Hous- ment, in whole or in part, of any fee or de- SEC. 622. PET OWNERSHIP BY ELDERLY PERSONS ing Opportunity and Responsibility Act of posit required pursuant to the preceding sen- AND PERSONS WITH DISABILITIES. 1997. tence. Section 227 of the Housing and Urban- ‘‘(d) REGULATIONS.—Subsections (a) ‘‘(b) PROHIBITION AGAINST DISCRIMINA- Rural Recovery Act of 1983 (12 U.S.C. 1701r–1) through (c) of this section shall take effect TION.—No owner of federally assisted rental is amended to read as follows: upon the date of the effectiveness of regula- housing may restrict or discriminate against ‘‘SEC. 227. PET OWNERSHIP BY ELDERLY PER- tions issued by the Secretary to carry out any elderly person or person with disabilities SONS AND PERSONS WITH DISABIL- this section. Such regulations shall be issued in connection with admission to, or contin- ITIES IN FEDERALLY ASSISTED not later than the expiration of the 1-year ued occupancy of, such housing by reason of RENTAL HOUSING. period beginning on the date of the enact- the ownership of common household pets by, ‘‘(a) RIGHT OF OWNERSHIP.—A resident of a ment of the Housing Opportunity and Re- or the presence of such pets in the dwelling dwelling unit in federally assisted rental sponsibility Act of 1997 and after notice and unit of such person. housing who is an elderly person or a person opportunity for public comment in accord- ‘‘(c) DEFINITIONS.—For purposes of this sec- with disabilities may own common house- ance with the procedure under section 553 of tion, the following definitions shall apply: hold pets or have common household pets title 5, United States Code, applicable to sub- ‘‘(1) FEDERALLY ASSISTED RENTAL HOUS- present in the dwelling unit of such resident, stantive rules (notwithstanding subsections ING.—The term ‘federally assisted rental subject to the reasonable requirements of (a)(2), (b)(B), and (d)(3) of such section).’’. housing’ means any multifamily rental hous- the owner of the federally assisted rental Mr. SMITH of Michigan (during the ing project that is— housing and providing that the resident ‘‘(A) public housing (as such term is de- maintains the animals responsibly and in reading). Mr. Chairman, I ask unani- fined in section 103 of the Housing Oppor- compliance with applicable local and State mous consent that the amendment, as tunity and Responsibility Act of 1997); public health, animal control, and modified, be considered as read and ‘‘(B) assisted with project-based assistance anticruelty laws. Such reasonable require- printed in the RECORD. pursuant to section 601(f) of the Housing Op- ments may include requiring payment of a The CHAIRMAN pro tempore. Is portunity and Responsibility Act of 1997 or nominal fee and pet deposit by such resi- under section 8 of the United States Housing there objection to the request of the dents owning or having pets present, to Act of 1937 (as in effect before the effective gentleman from Michigan? cover the operating costs to the project re- date of the repeal under section 601(b) of the There was no objection. lating to the presence of pets and to estab- Housing Opportunity and Responsibility Act Mr. SMITH of Michigan. Mr. Chair- lish an escrow account for additional such of 1997); man, this is at the very least a sen- costs not otherwise covered, respectively. ‘‘(C) assisted under section 202 of the Hous- Notwithstanding section 225(d) of the Hous- sitive amendment. I think the question ing Act of 1959 (as amended by section 801 of ing Opportunity and Responsibility Act of is not whether or not we support pets. the Cranston-Gonzalez National Affordable 1997, a public housing agency may not grant The question is: Should we pass a new Housing Act); ‘‘(D) assisted under section 202 of the Hous- any exemption under such section from pay- Federal law that mandates an exten- ing Act of 1959 (as in effect before the enact- ment, in whole or in part, of any fee or de- sion and expansion of existing law that ment of the Cranston-Gonzalez National Af- posit required pursuant to the preceding sen- pets be allowed in all subsidized hous- fordable Housing Act); tence. ing? ‘‘(E) assisted under title V of the Housing ‘‘(b) PROHIBITION AGAINST DISCRIMINA- TION.—No owner of federally assisted rental Currently the law allows pets for in- Act of 1949; or dividuals that are senior citizens and ‘‘(F) insured, assisted, or held by the Sec- housing may restrict or discriminate against retary or a State or State agency under sec- any elderly person or person with disabilities individuals that are disabled citizens, tion 236 of the National Housing Act. in connection with admission to, or contin- and the bill before us expands that to ‘‘(2) OWNER.—The term ‘owner’ means, with ued occupancy of, such housing by reason of every renter in every subsidized hous- respect to federally assisted rental housing, the ownership of common household pets by, ing. the entity or private person, including a co- or the presence of such pets in the dwelling I think the question before us is operative or public housing agency, that has unit of, such person. should the Federal Government pass a ‘‘(c) DEFINITIONS.—For purposes of this sec- the legal right to lease or sublease dwelling law making it less attractive for local units in such housing (including a manager tion, the following definitions shall apply: of such housing having such right). ‘‘(1) FEDERALLY ASSISTED RENTAL HOUS- landlords to participate in housing pro- ‘‘(3) ELDERLY PERSON AND PERSON WITH DIS- ING.—The term ‘federally assisted rental grams for low income to the extent ABILITIES.—The terms ‘elderly person’ and housing’ means any multifamily rental hous- that our mandates under Federal law ‘persons with disabilities’ have the meanings ing project that is— limit the number of people willing to given such terms in section 102 of the Hous- ‘‘(A) public housing (as such term is de- pursue our goal of providing affordable ing Opportunity and Responsibility Act of fined in section 103 of the Housing Oppor- tunity and Responsibility Act of 1997); housing for individuals. 1997. Again, I would remind my colleagues ‘‘(d) REGULATIONS.—Subsections (a) ‘‘(B) assisted with project-based assistance through (c) of this section shall take effect pursuant to section 601(f) of the Housing Op- that the bill before us expands current upon the date of the effectiveness of regula- portunity and Responsibility Act of 1997 or law tenfold. My proposed amendment, tions issued by the Secretary to carry out under section 8 of the United States Housing in effect, continues the existing law this section. Such regulations shall be issued Act of 1937 (as in effect before the effective that pets be allowed for senior citizens no later than the expiration of the 1-year pe- date of the repeal under section 601(b) of the and for the disabled. It actually ex- riod beginning on the date of the enactment Housing Opportunity and Responsibility Act pands the number of seniors and dis- of 1997); of the Housing Opportunity and Responsibil- abled that would be allowed to have ity Act of 1997 and after notice and oppor- ‘‘(C) assisted under section 202 of the Hous- tunity for public comment in accordance ing Act of 1959 (as amended by section 801 of pets. I am suggesting to my colleagues with the procedure under section 553 of title the Cranston-Gonzalez National Affordable that we should not so drastically ex- 5, United States Code, applicable to sub- Housing Act); pand present law with strong arm man- stantive rules (notwithstanding subsections ‘‘(D) assisted under section 202 of the Hous- dates of Federal Government. Applying (a)(2), (b)(B), and (d)(3) of such section).’’. ing Act of 1959 (as in effect before the enact- so many regulations and so many ment of the Cranston—Gonzalez National Af- rules, discourage many local landlords AMENDMENT NO. 54, AS MODIFIED, OFFERED BY fordable Housing Act); MR. SMITH OF MICHIGAN ‘‘(E) assisted under section 811 of the Cran- from participating in a program to pro- Mr. SMITH of Michigan. Mr. Chair- ston-Gonzalez National Affordable Housing vide low-income housing. We acknowl- man, I ask unanimous consent that the Act; edge that it is advisable to allow pet May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2561 ownership in housing projects, but that somehow you are going to say there such agency (or the Secretary acting in the decision deserves local input. should be a Federal mandate that place of such agency), the public housing de- In the private sector, pets are often should require the landlords to allow velopments and residents of such agency, allowed. It is reasonable to assume pets. and the choice-based housing assistance pro- vided by the agency and the assisted families that all of those affordable housing fa- Mr. KENNEDY of Massachusetts. Mr. receiving such assistance, as appropriate, the cilities that can accommodate pets will Chairman, reclaiming my time, I ap- following provisions shall not apply: accommodate pets because it is reason- preciate the gentleman’s clarification ‘‘(1) COMMUNITY WORK.—The provisions of able, it is often healthful and it is the on the issue. I would just suggest that section 105(a) (relating to community work), desire of those renters to have that if the landlords wanted the tenants any provisions included in a community kind of freedom. well enough, they ought to be willing work and family self-sufficient agreement So Mr. Chairman, I would hope that to accept the pets as well. pursuant to section 105(d) regarding such we consider passing legislation that There are provisions that allow for community work requirements, and any pro- visions included in lease pursuant to section leaves the law substantially as it is and how those pets would be treated and 105(e) regarding such community work re- does not so greatly expand that law under what terms and conditions are quirements. with more mandates from Washington. allowed under the legislation that has ‘‘(2) TARGET DATE FOR TRANSITION OUT OF Mr. KENNEDY of Massachusetts. Mr. been proposed. I very much appreciate ASSISTED HOUSING.—The provisions of section Chairman, I move to strike the last Chairman LAZIO’s efforts on this issue. 105(b) (relating to agreements establishing word. I think, in particular, I want to ac- target dates for transition out of assisted Mr. Chairman, we went through an knowledge the efforts of the gentle- housing) and any provisions included in a community work and family self-sufficiency extended debate on this issue last year. woman from New York [Mrs. I appreciate the fact that the gen- agreement pursuant to section 105(d) regard- MALONEY], who I think the Chairman ing such target date requirements. tleman from New York [Mr. LAZIO], the would acknowledge was really the driv- ‘‘(3) MINIMUM RENTS.—The provisions of chairman, has seen the light and I ing force behind a lot of these policy sections 225(c) and 322(b)(1) (regarding mini- think recognizes that the issue of changes and someone who, although mum rental amounts and minimum family whether or not we ought to be able to she cannot be on the floor at the mo- contributions, respectively).’’. have pets in our subsidized housing or ment, I think strongly supports the Page 275, line 18, strike ‘‘(g)’’ and insert public housing is one that really ought chairman’s position on this issue. I ‘‘(h)’’. to be left up to the individual resident. look forward to moving on to other is- Mr. DAVIS of Illinois (during the I think, after an enormously inform- sues as quickly as possible. reading). Mr. Chairman, I ask unani- ative and entertaining debate last mous consent that the amendment be year, the Congress overwhelmingly en- b 1700 considered as read and printed in the dorsed that policy; and I think the Mr. LAZIO of New York. Mr. Chair- RECORD. good chairman has seen fit to include man, will the gentleman yield? The CHAIRMAN. Is there objection the expanded policy in the underlying Mr. KENNEDY of Massachusetts. I to the request of the gentleman from bill and it is something that I believe yield to the gentleman from New York. Illinois? most Members of the House strongly Mr. LAZIO of New York. Mr. Chair- There was no objection. endorse. man, I just wanted to mention obvi- Mr. DAVIS of Illinois. Mr. Chairman, My understanding is that the amend- ously this particular issue was debated today I rise on behalf of a constituency ment actually would, in some dif- thoroughly last year, and I know the that during the past few weeks we have ference to the way it was described, gentleman from Massachusetts recalls heard a great deal about but very little would actually expand to public hous- my position on this, but the House has from, and as I sat watching and listen- ing as well as section 8. Current law, worked its will, and I respect that and ing to the debate, as I listened to many obviously, is only in the public hous- have reflected both the act of last year of the myths and stereotypes of poor ing, it does not include the section 8 in approving the amendment on the people which have sprung up because portion. But I do think that this is an floor and a sort of sense of fairness their voices often are not heard in the issue that all families and people, that, if we are going to allow that in great decision and influence making whether they are residents of public public housing, if we are going to allow centers of our society, I wondered why. housing, private housing, or any hous- pets in public housing, then so should As I sat and watched and listened, I ing, can recognize some wonderful ben- people in section 8 struggle with that found myself wondering why the gal- efits of having a dog or a cat or a fish, same problem. lery was not filled with poor people and everything but a cockroach, according Mr. KENNEDY of Massachusetts. Or with advocates for the poor, with lob- to the gentleman from New York [Mr. solution. byists pushing their position. I won- TOWNS]. Mr. LAZIO of New York. Or solution. dered why there were not thousands of So I think what we ought to do here The CHAIRMAN. The question is on people surrounding the Capitol or hold- is try to make certain that we have an the amendment, as modified, offered by ing meetings and rallies in public hous- expansive policy on this issue. I do not the gentleman from Michigan [Mr. ing developments throughout the land. think that there is any clear reasoning SMITH]. Then it occurred to me that public why we should not allow people to have The amendment, as modified, was re- housing residents are oftentimes easy whatever reasonable pets they want. jected. targets, oftentimes poor, uneducated, Mr. SMITH of Michigan. Mr. Chair- The CHAIRMAN. Are there further unemployed, unskilled, unorganized, man, will the gentleman yield? amendments? unregistered, underfed, undernourished Mr. KENNEDY of Massachusetts. I and physically segregated. Therefore, AMENDMENT OFFERED BY MR. DAVIS OF yield to the gentleman from Michigan. ILLINOIS many of the people see no need to chal- Mr. SMITH of Michigan. Mr. Chair- Mr. DAVIS of Illinois. Mr. Chairman, lenge the myths, stereotypes, pre- man, it is not a question that does not I offer an amendment. conceptions, misconceptions and erro- seem to me as allowing people to have The Clerk read as follows: neous notions about who they are and those pets. What it is is a mandate that Amendment offered by Mr. DAVIS of Illi- how they live in public housing. every landlord has to allow regardless nois: Page 275, after line 17, insert the follow- As my wife and I were having Moth- of the facility, regardless of the condi- ing: er’s Day dinner on Sunday, we met a tions, that those tenants have a pet if ‘‘(g) OPTION TO EXEMPT APPLICABILITY OF lady who was helping to serve. She was they want a pet. So the latitude of de- CERTAIN REQUIREMENTS.—If the Secretary bubbling over with enthusiasm and scribing that pet is also broad. takes possession of an agency or any devel- told us that her daughter had just I would also like to call to the atten- opments or functions of an agency pursuant graduated from SIU, Southern Illinois tion of my colleague, the gentleman to subsection (b)(2) or has possession of an University, with a law degree. Then she agency or the operational responsibilities of from Massachusetts [Mr. KENNEDY], an agency pursuant to the United States said that she lived in Cabrini Green that I did not intend to call for a Housing Act of 1937 (as in effect before the Housing Development and that she was RECORD rollcall vote on this. I think repeal under section 601(b) of this Act), the proud of all her children. Her son had there is a feeling that if you love a pet, Secretary may provide that, with respect to earned a doctorate degree and was H2562 CONGRESSIONAL RECORD — HOUSE May 13, 1997 teaching. Another son was working at ties the flexibility to make their own Mr. Chairman, this House needs to the Post Office, and another one at individual decisions about whether or come to grips with the fact that we Northwestern Hospital, all raised in not to implement the most onerous have failed these residents, that we Cabrini Green. portions of H.R. 2. I think it is a good have created disincentives to work and So, Mr. Chairman, life for many resi- way to give those individuals who have to family, that we have contributed to dents is more than an 8-second sound been most abused an opportunity for the pathologies that have undermined bite on the evening news. Public hous- redress. the ability to turn these communities ing residents do not all belong to Mr. LAZIO of New York. Mr. Chair- around, and through the programs that gangs, are not all unemployed, do not man, I move to strike the requisite we have in H.R. 2, not the least of all sit around daily living the good life, number of words. which is the community service pro- sleeping late, eating ham hocks, doing Mr. Chairman, I could not think of a gram, where we can begin to mobilize drugs and watching Oprah. They are better example of why we believe in not people from Washington or the not all lazy, shiftless and immoral. community service and why we believe State capital or from some other State They do have commendable values and in the maintenance of H.R. 2 of mixed to go in from the outside and come in income and removing the work dis- a sense of community. and pose what they think is a right so- incentives that are in current law of Having created a stereotypical, fan- lution for their own communities, but creating the incentives for entre- tasized world, afflicted with fantasy we mobilize the people in their own problems, it becomes easy to design preneurial activity than Chicago itself. Now, it is true that throughout the backyards, these same people of low in- fantasy solutions if we have already de- come whose talents are untapped, termined that public housing residents entire Nation virtually every commu- nity, especially communities that are whose potential is significant to begin live in public housing because they do to transition and transform their own not want to work and have nothing to particularly underserved or that are particularly challenged by poverty, communities by working with each do all day. Then it makes sense and is other, by marshaling their services, by easy to prescribe a little therapeutic will benefit under the terms of H.R. 2. But in Chicago, they stand probably to having common goals, setting objec- required volunteerism as a solution. tives and making the changes; we be- Why then should we be concerned gain the most. lieve in this because we know that the about the increase in numbers of peo- I just want to refer, if I can, atten- end of poverty will not come because of ple who are condemned to a career as a tion and recommend to the Members a the bill that we have in this House or temporary worker without benefits or recent report which I would be glad to minimum wage workers, people who make available to any Member who is in the other body, we know that it will work every day and still need public interested, and it is from the Institute not be something that was signed into help? of Metropolitan Affairs of Roosevelt law, and we know that it will not hap- If my colleagues think that public University, and it has to do with the pen because of some leader, elected housing residents are addicted to free ranking of the poorest neighborhoods leader, in the State capital or even in housing, then it makes perverted sense in America, and it is interesting be- the city, some mayor. It will happen to require that they simply cut it out, cause 11 of the 15 poorest communities because of the dynamic, charismatic just say no. If my colleagues feel that in the Nation are in Chicago. One people in and of the community that people who live in public housing are might think if they posed that ques- begin to transform their own neighbor- just social misfits, then they believe tion they would find it somewhere in hoods, their own backyards, their own that they can be improved by getting the deep South or some State that has buildings. rid of them, just put them out. a very low median income or some Mr. Chairman, this is the change We have a public housing system other place that one does not ordi- that we are looking for, this is the which for a variety of reasons, none of narily think of when they think of the change in H.R. 2, and it is well time which are addressed in H.R. 2, we have Gold Coast in Chicago and one of the that we stop tolerating the failure that a public housing system which has Nation’s largest cities. But in fact exists in Chicago and all the other Chi- often failed to meet the needs of resi- there has been exceptional failure in cagos that we have around the Nation. dents or the needs of our Nation. It has terms of addressing poverty in Chicago, The CHAIRMAN. The question is on become commonplace to proclaim that and it has been a combination of the amendment offered by the gen- the problem is with too much govern- things, a combination of looking the tleman from Illinois [Mr. DAVIS]. ment, that government is too big, it other way, of tolerating failure, of not helps the poor too much, that public seizing the housing authority when we The question was taken; and the housing residents have their hands out. should have done it over a decade ago, Chairman announced that the noes ap- When we hand out $150 billion in cor- of moving slowly, of looking the other peared to have it. porate welfare each year, we do not way. Mr. DAVIS of Illinois. Mr. Chairman, call it welfare or handouts. We call it In just one of these examples, I demand a recorded vote. Stateway Gardens in Chicago had a 42 stimulating the economy. The CHAIRMAN. Pursuant to House H.R. 2 demands public service from percent drop in per capita income in Resolution 133, further proceedings on public housing residents. Fine. But let the 10 years between 1979 and 1989, 42 the amendment offered by the gen- us also demand some public services percent drop in income in what was al- tleman from Illinois [Mr. DAVIS] will be from those receiving corporate welfare. ready one of the poorest of the poor postponed. H.R. 2 demands personal responsibility neighborhoods. The consequence of contracts from public housing resi- that has been that we continue to con- Are there further amendments to dents. Fine. But let us also demand centrate poverty, that we create envi- title VII? written contracts detailing how those ronments where virtually everybody is Are there further amendments to the receiving corporate welfare would get unemployed, where there are no work- bill? out of the public trough. H.R. 2 de- ing role models, where we do not have mands higher minimum rents from any services. SEQUENTIAL VOTES POSTPONED IN COMMITTEE OF THE WHOLE those in public housing. Fine. But let I am familiar with many of these us also develop minimum social pay- neighborhoods in Chicago that are list- The CHAIRMAN. Pursuant to House backs from those receiving corporate ed in the survey because I have been Resolution 133, proceedings will now welfare. there, and I will tell my colleagues resume on those amendments on which Mr. Chairman, our society, our econ- that the consequences of our policy further proceedings were postponed on omy grows strongly in direct propor- have been that there are no super- May 8 and May 9, l997, in the following tion to how well we involve every markets, that there are no banks, that order: Amendment No. 12 offered by the member in the productive process. Let there are no laundromats, there are no gentleman from Massachusetts [Mr. us be fair. Let us have a uniform set of services that help keep the working KENNEDY], amendment No. 13 offered rules for everyone. poor, the working class in and around by the gentleman from Massachusetts Mr. Chairman, this amendment is de- these communities that are under [Mr. KENNEDY], amendment No. 25 of- signed to give public housing authori- siege. fered by the gentleman from Minnesota May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2563

[Mr. VENTO]; also, the amendment of- [Roll No 119] Johnson (CT) Neumann Shaw Johnson, Sam Ney Shays fered by the gentleman from Massachu- AYES—162 Jones Northup Sherman setts [Mr. KENNEDY] and the amend- Ackerman Gejdenson Mink Kaptur Norwood Shimkus ment offered by the gentleman from Il- Allen Gephardt Moakley Kasich Nussle Shuster linois [Mr. DAVIS]. Andrews Gonzalez Mollohan Kelly Ortiz Sisisky Kim Oxley Skeen The Chair will reduce to 5 minutes Baldacci Gordon Nadler Barcia Green Neal King (NY) Packard Smith (MI) the time for any electronic vote after Barrett (WI) Gutierrez Oberstar Klink Pappas Smith (NJ) the first vote in this series. Becerra Hall (OH) Obey Klug Parker Smith (OR) Bentsen Hamilton Olver Knollenberg Paul Smith (TX) PARLIAMENTARY INQUIRY Berman Harman Owens Kolbe Paxon Smith, Adam Mr. KENNEDY of Massachusetts. Mr. Berry Hastings (FL) Pallone LaHood Pease Smith, Linda Chairman, I have a parliamentary in- Bishop Hilliard Pascrell Largent Peterson (MN) Snowbarger Blumenauer Hinojosa Pastor Latham Peterson (PA) Solomon quiry. Bonior Hooley Payne LaTourette Petri Souder The CHAIRMAN. The gentleman will Borski Hoyer Pelosi Lazio Pickering Spence state his parliamentary inquiry. Boucher Jackson (IL) Pomeroy Leach Pickett Stabenow Boyd Jackson-Lee Poshard Lewis (CA) Pitts Stearns Mr. KENNEDY of Massachusetts. Mr. Brown (CA) (TX) Rahall Lewis (KY) Pombo Stenholm Chairman, I just want to know what is Brown (FL) Jefferson Rangel Linder Porter Stump happening with the suspension votes. Brown (OH) John Reyes Lipinski Portman Stupak Livingston Price (NC) Sununu Does that come before or after all these Capps Johnson (WI) Rivers Cardin Johnson, E. B. Rodriguez LoBiondo Pryce (OH) Talent votes? Carson Kanjorski Rothman Lofgren Quinn Tauzin The CHAIRMAN. The suspension Clay Kennedy (MA) Roybal-Allard Lowey Radanovich Taylor (MS) votes will be after these votes. Clayton Kennedy (RI) Sabo Lucas Ramstad Thomas Clement Kennelly Sanchez Manton Regula Thornberry AMENDMENT NO. 12 OFFERED BY MR. KENNEDY Clyburn Kildee Sanders Manzullo Riggs Thune OF MASSACHUSETTS Costello Kilpatrick Sandlin Mascara Riley Tiahrt McCarthy (NY) Roemer Traficant The CHAIRMAN. The unfinished Coyne Kind (WI) Sawyer Cummings Kleczka Scott McCollum Rogan Upton business is the demand for a recorded Davis (FL) Kucinich Serrano McCrery Rogers Visclosky vote on amendment No. 12 offered by Davis (IL) LaFalce Skaggs McDade Rohrabacher Walsh the gentleman from Massachusetts DeFazio Lampson Slaughter McHugh Ros-Lehtinen Wamp DeGette Lantos Snyder McInnis Roukema Watkins [Mr. KENNEDY] on which further pro- Delahunt Levin Spratt McIntosh Royce Watts (OK) ceedings were postponed and on which DeLauro Lewis (GA) Stark McKeon Ryun Weldon (FL) the noes prevailed by voice vote. Dellums Luther Stokes Metcalf Salmon Weldon (PA) Mica Sanford Weller The Clerk will designate the amend- Deutsch Maloney (CT) Strickland Dicks Maloney (NY) Tanner Miller (FL) Saxton White ment. Dingell Markey Tauscher Molinari Scarborough Whitfield The text of the amendment is as fol- Dixon Martinez Thompson Moran (KS) Schaefer, Dan Wicker Moran (VA) Schaffer, Bob Wise lows: Doggett Matsui Thurman Edwards McCarthy (MO) Tierney Morella Schumer Wolf Amendment No. 12 offered by Mr. KENNEDY Engel McDermott Torres Murtha Sensenbrenner Wynn of Massachusetts: Eshoo McGovern Towns Myrick Sessions Young (FL) Nethercutt Shadegg Page 174, line 20, insert ‘‘VERY’’ before Evans McHale Turner Farr ‘‘LOW-INCOME’’. McIntyre Velazquez NOT VOTING—11 Fattah McKinney Vento Page 175, line 11, insert ‘‘very’’ before Fazio McNulty Waters Abercrombie Hinchey Skelton ‘‘low-income’’. Filner Meehan Watt (NC) Blagojevich Kingston Taylor (NC) Page 187, line 5, insert ‘‘VERY’’ before Flake Meek Waxman Conyers Rush Young (AK) ‘‘LOW-INCOME’’. Foglietta Menendez Wexler Hefner Schiff Page 187, line 10, insert ‘‘very’’ before Ford Millender- Weygand b 1734 ‘‘low-income’’. Frank (MA) McDonald Woolsey Frost Miller (CA) Yates Mr. LATHAM and Mr. GREENWOOD Page 187, strike lines 13 through 22 and in- Furse Minge sert the following: changed their vote from ‘‘aye’’ to ‘‘no.’’ (b) INCOME TARGETING.— NOES—260 So the amendment was rejected. The result of the vote was announced (1) PHA-WIDE REQUIREMENT.—Of all the Aderholt Christensen Franks (NJ) families who initially receive housing assist- Archer Coble Frelinghuysen as above recorded. ance under this title from a public housing Armey Coburn Gallegly PERSONAL EXPLANATION agency in any fiscal year of the agency, not Bachus Collins Ganske Mr. KINGSTON. Mr. Chairman, I missed less than 75 percent shall be families whose Baesler Combest Gekas rollcall No. 119, due to airplane mechanical incomes do not exceed 30 percent of the area Baker Condit Gibbons Ballenger Cook Gilchrest problems. Had I been present, I would have median income. Barr Cooksey Gillmor voted ``no.'' (2) AREA MEDIAN INCOME.—For purposes of Barrett (NE) Cox Gilman PERSONAL EXPLANATION this subsection, the term ‘‘area median in- Bartlett Cramer Goode come’’ means the median income of an area, Barton Crane Goodlatte Mr. ABERCROMBIE. Mr. Chairman, I as determined by the Secretary with adjust- Bass Crapo Goodling was unavoidably detained on rollcall ments for smaller and larger families, except Bateman Cubin Goss 119. Had I been present, I would have that the Secretary may establish income Bereuter Cunningham Graham Bilbray Danner Granger voted ‘‘yes.’’ ceilings higher or lower than the percentages Bilirakis Davis (VA) Greenwood ANNOUNCEMENT BY THE CHAIRMAN PRO specified in subsection (a) if the Secretary Bliley Deal Gutknecht TEMPORE finds determines that such variations are Blunt DeLay Hall (TX) The CHAIRMAN pro tempore. Pursu- necessary because of unusually high or low Boehlert Diaz-Balart Hansen family incomes. Boehner Dickey Hastert ant to the rule, the Chair announces Page 205, line 7, insert ‘‘very’’ before ‘‘low- Bonilla Dooley Hastings (WA) that he will reduce to a minimum of 5 Bono Doolittle Hayworth minutes the period of time within income’’. Boswell Doyle Hefley Page 205, line 24, insert ‘‘very’’ before Brady Dreier Herger which a vote by electronic device will ‘‘low-’’. Bryant Duncan Hill be taken on each amendment on which Page 211, line 6, insert ‘‘very’’ before ‘‘low- Bunning Dunn Hilleary the Chair has postponed further consid- income’’. Burr Ehlers Hobson eration. Burton Ehrlich Hoekstra Page 214, line 1, insert ‘‘very’’ before ‘‘low- AMENDMENT NO. 13 OFFERED BY MR. KENNEDY income’’. Buyer Emerson Holden Callahan English Horn OF MASSACHUSETTS RECORDED VOTE Calvert Ensign Hostettler The CHAIRMAN pro tempore. The The CHAIRMAN. A recorded vote has Camp Etheridge Houghton Campbell Everett Hulshof unfinished business is the demand for a been demanded. Canady Ewing Hunter recorded vote on amendment No. 13 of- A recorded vote was ordered. Cannon Fawell Hutchinson fered by the gentleman from Massachu- The vote was taken by electronic de- Castle Foley Hyde setts [Mr. KENNEDY] on which further Chabot Forbes Inglis vice, and there were—ayes 162, noes 260, Chambliss Fowler Istook proceedings were postponed and on not voting 11, as follows: Chenoweth Fox Jenkins which the noes prevailed by voice vote. H2564 CONGRESSIONAL RECORD — HOUSE May 13, 1997 The Clerk will designate the amend- Cox Istook Radanovich ment #13, I inadvertently cast my vote against Cramer Jenkins Ramstad ment. Crane John Regula this amendment. On this particular vote I The text of the amendment is as fol- Crapo Johnson, Sam Riggs meant to cast a ``yes'' vote. lows: Cubin Jones Riley AMENDMENT NO. 25 OFFERED BY MR. VENTO Amendment offered by Mr. KENNEDY Cunningham Kasich Roemer Danner Kelly Rogan The CHAIRMAN pro tempore [Mr. of Massachusetts: Davis (FL) Kim Rogers LAHOOD]. The unfinished business is Page 220, strike line 12 and all that follows Davis (VA) King (NY) Rohrabacher the demand for a recorded vote on the through line 12 on page 237 (and redesignate Deal Klug Ros-Lehtinen amendment offered by the gentleman subsequent provisions and any references to DeFazio Knollenberg Roukema such provisions, and conform the table of DeLay Kolbe Royce from Minnesota [Mr. VENTO] on which contents, accordingly). Diaz-Balart LaHood Ryun further proceedings were postponed and Dickey Lampson Sabo on which the noes prevailed by voice RECORDED VOTE Dicks Largent Salmon The CHAIRMAN pro tempore. A re- Doggett Latham Sandlin vote. Dooley LaTourette Sanford The Clerk will designate the amend- corded vote has been demanded. Doolittle Lazio Saxton A recorded vote was ordered. ment. Dreier Leach Scarborough The text of the amendment is as fol- The CHAIRMAN pro tempore. This Duncan Lewis (CA) Schaefer, Dan will be a 5-minute vote. Dunn Lewis (KY) Schaffer, Bob lows: Edwards Linder Sensenbrenner The vote was taken by electronic de- Amendment No. 25 offered by Mr. VENTO: Ehlers Lipinski Sessions Page 244, strike line 1 and all that follows vice, and there were—ayes 153, noes 270, Ehrlich Livingston Shadegg through line 8 on page 254, and insert the fol- not voting 10, as follows: Emerson LoBiondo Shaw English Lofgren Shays lowing: [Roll No. 120] Everett Lucas Sherman Subtitle C—Public Housing Management AYES—153 Ewing Luther Shimkus Assessment Program Fawell Manzullo Shuster Ackerman Gephardt Mollohan Foley Matsui Sisisky RECORDED VOTE Allen Gonzalez Nadler Forbes McCarthy (MO) Skeen Andrews Gutierrez Neal The CHAIRMAN pro tempore. A re- Fowler McCollum Smith (MI) Baldacci Hall (OH) Northup corded vote has been demanded. Fox McCrery Smith (NJ) Barcia Harman Oberstar Franks (NJ) McDade Smith (OR) A recorded vote was ordered. Barrett (WI) Hastings (FL) Obey Frelinghuysen McHale Smith (TX) The vote was taken by electronic de- Becerra Hilliard Olver Gallegly McHugh Smith, Linda Berman Holden Ortiz vice, and there were—ayes 200, noes 228, Ganske McInnis Snowbarger Berry Hooley Owens Gekas McIntosh Snyder not voting 5, as follows: Bishop Hoyer Pallone Gibbons McKeon Solomon [Roll No. 121] Blumenauer Jackson (IL) Pascrell Gilchrest Metcalf Souder Bonior Jackson-Lee Pastor AYES—200 Gillmor Mica Spence Borski (TX) Payne Gilman Miller (FL) Stearns Abercrombie Foglietta McDermott Boswell Jefferson Pelosi Goode Minge Stenholm Ackerman Ford McGovern Brown (CA) Johnson (CT) Pomeroy Goodlatte Mink Strickland Allen Frank (MA) McHale Brown (FL) Johnson (WI) Poshard Goodling Molinari Stump Andrews Frost McIntyre Brown (OH) Johnson, E. B. Price (NC) Gordon Moran (KS) Sununu Bachus Furse McKinney Capps Kanjorski Rahall Goss Moran (VA) Talent Baesler Gejdenson McNulty Carson Kaptur Reyes Graham Morella Tanner Baldacci Gephardt Meehan Clay Kennedy (MA) Rivers Granger Murtha Tauscher Barcia Gonzalez Meek Clayton Kennedy (RI) Rodriguez Green Myrick Tauzin Barrett (WI) Goode Menendez Clement Kennelly Rothman Greenwood Nethercutt Taylor (MS) Becerra Gordon Millender- Clyburn Kildee Roybal-Allard Gutknecht Neumann Thomas Bentsen Green McDonald Conyers Kilpatrick Sanchez Hall (TX) Ney Thornberry Berman Gutierrez Miller (CA) Costello Kind (WI) Sanders Hamilton Norwood Thune Berry Hall (OH) Minge Coyne Kleczka Sawyer Hansen Nussle Tiahrt Bishop Hall (TX) Mink Cummings Klink Schumer Hastert Oxley Traficant Blagojevich Hamilton Moakley Davis (IL) Kucinich Scott Hastings (WA) Packard Turner Blumenauer Harman Mollohan DeGette LaFalce Serrano Hayworth Pappas Upton Bonior Hastings (FL) Moran (VA) Delahunt Lantos Skaggs Hefley Parker Visclosky Borski Hefley Murtha DeLauro Levin Slaughter Herger Paul Walsh Boswell Hilliard Nadler Dellums Lewis (GA) Smith, Adam Hill Paxon Wamp Boucher Hinchey Neal Deutsch Lowey Spratt Hilleary Pease Watkins Boyd Hinojosa Oberstar Dingell Maloney (CT) Stabenow Hinojosa Peterson (MN) Watts (OK) Brown (CA) Holden Obey Dixon Maloney (NY) Stark Hobson Peterson (PA) Weldon (FL) Brown (FL) Hooley Olver Doyle Manton Stokes Hoekstra Petri Weldon (PA) Brown (OH) Hoyer Ortiz Engel Markey Stupak Horn Pickering Weller Capps Jackson (IL) Owens Ensign Martinez Thompson Hostettler Pickett White Cardin Jackson-Lee Pallone Eshoo Mascara Thurman Houghton Pitts Whitfield Carson (TX) Pascrell Etheridge McCarthy (NY) Tierney Hulshof Pombo Wicker Clay Jefferson Pastor Evans McDermott Torres Hunter Porter Wise Clayton John Payne Farr McGovern Towns Hutchinson Portman Wolf Clement Johnson (WI) Pelosi Fattah McIntyre Velazquez Hyde Pryce (OH) Wynn Clyburn Johnson, E.B. Peterson (MN) Fazio McKinney Vento Inglis Quinn Young (FL) Conyers Kanjorski Pickett Filner McNulty Waters Costello Kaptur Pomeroy Flake Meehan Watt (NC) NOT VOTING—10 Coyne Kennedy (MA) Poshard Foglietta Meek Waxman Blagojevich Rangel Taylor (NC) Cramer Kennedy (RI) Price (NC) Ford Menendez Wexler Hefner Rush Young (AK) Cummings Kennelly Rahall Frank (MA) Millender- Weygand Hinchey Schiff Danner Kildee Rangel Frost McDonald Woolsey Kingston Skelton Davis (FL) Kilpatrick Reyes Furse Miller (CA) Yates Davis (IL) Kind (WI) Rivers Gejdenson Moakley b 1744 DeFazio Kleczka Rodriguez NOES—270 DeGette Klink Roemer Mr. DICKS changed his vote from Delahunt Kucinich Rothman Abercrombie Bilirakis Camp ‘‘aye’’ to ‘‘no.’’ DeLauro LaFalce Roybal-Allard Aderholt Bliley Campbell So the amendment was rejected. Dellums Lampson Sabo Archer Blunt Canady The result of the vote was announced Deutsch Lantos Sanchez Armey Boehlert Cannon Dicks Levin Sanders Bachus Boehner Cardin as above recorded. Dingell Lewis (GA) Sandlin Baesler Bonilla Castle PERSONAL EXPLANATION Dixon Lipinski Sawyer Baker Bono Chabot Dooley Lofgren Schumer Ballenger Boucher Chambliss Mr. KINGSTON. Mr. Chairman, I missed Engel Lowey Scott Barr Boyd Chenoweth rollcall No. 120 due to airplane mechanical Eshoo Maloney (CT) Serrano Barrett (NE) Brady Christensen problems. Had I been present, I would have Etheridge Maloney (NY) Sisisky Bartlett Bryant Coble voted ``no.'' Evans Manton Skaggs Barton Bunning Coburn Farr Markey Slaughter Bass Burr Collins PERSONAL EXPLANATION Fattah Martinez Smith, Adam Bateman Burton Combest Mr. HINOJOSA. Mr. Chairman, during con- Fazio Matsui Smith, Linda Bentsen Buyer Condit Filner McCarthy (MO) Snyder Bereuter Callahan Cook sideration of H.R. 2 on the Kennedy amend- Flake McCarthy (NY) Spratt Bilbray Calvert Cooksey ment, recorded vote number 120 on Amend- May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2565 Stabenow Thurman Watt (NC) The result of the vote was announced McGovern Payne Stokes Stark Tierney Waxman McKinney Pelosi Strickland Stenholm Torres Wexler as above recorded. Meehan Pomeroy Stupak Stokes Towns Weygand PARLIAMENTARY INQUIRY Meek Rahall Thompson Strickland Traficant Wise Mr. KENNEDY of Massachusetts. Mr. Millender- Rangel Tierney Stupak Turner Woolsey McDonald Rodriguez Torres Tanner Velazquez Wynn Chairman, I have a parliamentary in- Mink Roybal-Allard Towns Tauscher Vento Yates quiry. Moakley Sanchez Velazquez Taylor (MS) Visclosky The CHAIRMAN pro tempore. The Neal Sanders Vento Thompson Waters Oberstar Scott Waters gentleman will state it. Olver Serrano Wynn NOES—228 Mr. KENNEDY of Massachusetts. Mr. Owens Slaughter Yates Aderholt Ganske Norwood Chairman, I request that the Chair Pastor Stark Archer Gekas Nussle could verify that the coming amend- NOES—341 Armey Gibbons Oxley Baker Gilchrest Packard ment is the one that would impose the Ackerman Doolittle Klink Ballenger Gillmor Pappas same 8-hour per month voluntary work Aderholt Doyle Klug Barr Gilman Parker requirement imposed in H.R. 2 on pub- Andrews Dreier Knollenberg Barrett (NE) Goodlatte Paul lic housing residents to investors in Archer Dunn Kolbe Bartlett Goodling Paxon Armey Ehlers LaFalce Barton Goss Pease the section 8 project-based housing. Bachus Ehrlich LaHood Bass Graham Peterson (PA) The CHAIRMAN pro tempore. The Baesler Emerson Lampson Bateman Granger Petri gentleman from Massachusetts is not Baker Engel Largent Bereuter Greenwood Pickering Baldacci English Latham Bilbray Gutknecht Pitts stating a parliamentary inquiry. Ballenger Ensign LaTourette Bilirakis Hansen Pombo Mr. KENNEDY of Massachusetts. Mr. Barcia Eshoo Lazio Bliley Hastert Porter Chairman, I was wondering what the Barr Etheridge Leach Blunt Hastings (WA) Portman next amendment might be. Barrett (NE) Everett Levin Boehlert Hayworth Pryce (OH) Barrett (WI) Ewing Lewis (CA) Boehner Herger Quinn The CHAIRMAN pro tempore. The Bartlett Farr Lewis (KY) Bonilla Hill Radanovich next amendment is the amendment of- Barton Fawell Linder Bono Hilleary Ramstad fered by the gentleman from Massachu- Bass Fazio Lipinski Brady Hobson Regula Bateman Foley Livingston Bryant Hoekstra Riggs setts [Mr. KENNEDY] on which further Bentsen Forbes LoBiondo Bunning Horn Riley proceedings were postponed and on Bereuter Fowler Lofgren Burr Hostettler Rogan which the noes prevailed by a voice Berman Fox Lowey Burton Houghton Rogers vote, and the Chair is ready to call for Berry Franks (NJ) Lucas Buyer Hulshof Rohrabacher Bilbray Frelinghuysen Luther Callahan Hunter Ros-Lehtinen a recorded vote. Bilirakis Frost Maloney (CT) Calvert Hutchinson Roukema Mr. KENNEDY of Massachusetts. Mr. Bliley Gallegly Maloney (NY) Camp Hyde Royce Chairman, I have a further parliamen- Blunt Ganske Manton Campbell Inglis Ryun Boehlert Gekas Manzullo Canady Istook Salmon tary inquiry. Is that the amendment Boehner Gephardt Mascara Cannon Jenkins Sanford which imposes a work requirement on Bonilla Gibbons Matsui Castle Johnson (CT) Saxton investors in section 8 project-based Bono Gilchrest McCarthy (MO) Chabot Johnson, Sam Scarborough housing? Borski Gillmor McCarthy (NY) Chambliss Jones Schaefer, Dan Boswell Gilman McCollum Chenoweth Kasich Schaffer, Bob The CHAIRMAN pro tempore. The Boucher Goode McCrery Christensen Kelly Sensenbrenner gentleman is not stating a further par- Boyd Goodlatte McDade Coble Kim Sessions liamentary inquiry, and the gentleman Brady Goodling McDermott Coburn King (NY) Shadegg Brown (CA) Gordon McHale Collins Kingston Shaw knows that he was not making a par- Bryant Goss McHugh Combest Klug Shays liamentary inquiry. Bunning Graham McInnis Burr Granger McIntosh Condit Knollenberg Sherman AMENDMENT OFFERED BY MR. KENNEDY OF Cook Kolbe Shimkus Burton Greenwood McIntyre MASSACHUSETTS Cooksey LaHood Shuster Buyer Gutknecht McKeon Cox Largent Skeen The CHAIRMAN pro tempore. The Callahan Hall (OH) McNulty Crane Latham Smith (MI) pending business is the demand for a Calvert Hall (TX) Menendez Crapo LaTourette Smith (NJ) Camp Hamilton Metcalf Cubin Lazio Smith (OR) recorded vote on the amendment of- Campbell Hansen Mica Cunningham Leach Smith (TX) fered by the gentleman from Massachu- Canady Harman Miller (CA) Davis (VA) Lewis (CA) Snowbarger setts [Mr. KENNEDY] on which further Cannon Hastert Miller (FL) Deal Lewis (KY) Solomon proceedings were postponed and on Capps Hastings (FL) Minge DeLay Linder Souder Cardin Hastings (WA) Molinari Diaz-Balart Livingston Spence which the noes prevailed by voice vote. Castle Hayworth Mollohan Dickey LoBiondo Stearns The Clerk will designate the amend- Chabot Hefley Moran (KS) Doggett Lucas Stump ment. Chambliss Herger Moran (VA) Doolittle Luther Sununu Chenoweth Hill Morella Doyle Manzullo Talent The Clerk designated the amend- Christensen Hilleary Murtha Dreier Mascara Tauzin ment. Clement Hobson Myrick Duncan McCollum Taylor (NC) RECORDED VOTE Coble Hoekstra Nadler Dunn McCrery Thomas Coburn Holden Nethercutt Edwards McDade Thornberry The CHAIRMAN pro tempore. A re- Collins Hooley Neumann Ehlers McHugh Thune corded vote has been demanded. Combest Horn Ney Ehrlich McInnis Tiahrt A recorded vote was ordered. Condit Hostettler Northup Emerson McIntosh Upton Cook Houghton Norwood English McKeon Walsh The vote was taken by electronic de- Cooksey Hoyer Nussle Ensign Metcalf Wamp vice, and there were—ayes 87, noes 341, Costello Hulshof Obey Everett Mica Watkins not voting 5, as follows: Cox Hunter Ortiz Ewing Miller (FL) Watts (OK) Cramer Hutchinson Oxley Fawell Molinari Weldon (FL) [Roll No. 122] Crane Hyde Packard Foley Moran (KS) Weldon (PA) AYES—87 Crapo Inglis Pallone Forbes Morella Weller Cubin Istook Pappas Abercrombie DeGette Hilliard Fowler Myrick White Cunningham Jenkins Parker Allen Delahunt Hinchey Fox Nethercutt Whitfield Danner John Pascrell Becerra Dellums Hinojosa Franks (NJ) Neumann Wicker Davis (FL) Johnson (CT) Paul Bishop Duncan Jackson (IL) Frelinghuysen Ney Wolf Davis (VA) Johnson (WI) Paxon Blagojevich Edwards Jackson-Lee Gallegly Northup Young (FL) Deal Johnson, Sam Pease Blumenauer Evans (TX) DeFazio Jones Peterson (MN) Bonior Fattah Jefferson NOT VOTING—5 DeLauro Kanjorski Peterson (PA) Brown (FL) Filner Johnson, E. B. DeLay Kaptur Petri Hefner Schiff Young (AK) Brown (OH) Flake Kennedy (MA) Deutsch Kasich Pickering Rush Skelton Carson Foglietta Kennedy (RI) Diaz-Balart Kelly Pickett Clay Ford Kilpatrick Dickey Kennelly Pitts Clayton Frank (MA) Kleczka b Dicks Kildee Pombo 1754 Clyburn Furse Kucinich Dingell Kim Porter Conyers Gejdenson Lantos Mr. GREEN changed his vote from Dixon Kind (WI) Portman Coyne Gonzalez Lewis (GA) Doggett King (NY) Poshard ‘‘no’’ to ‘‘aye.’’ Cummings Green Markey Dooley Kingston Price (NC) So the amendment was rejected. Davis (IL) Gutierrez Martinez H2566 CONGRESSIONAL RECORD — HOUSE May 13, 1997 Pryce (OH) Shadegg Taylor (MS) Kennelly Miller (CA) Sawyer Pryce (OH) Shays Tauscher Quinn Shaw Taylor (NC) Kildee Mink Schumer Quinn Sherman Tauzin Radanovich Shays Thomas Kilpatrick Moakley Scott Radanovich Shimkus Taylor (MS) Ramstad Sherman Thornberry Kind (WI) Mollohan Serrano Ramstad Shuster Taylor (NC) Regula Shimkus Thune Kleczka Murtha Skaggs Regula Sisisky Thomas Reyes Shuster Thurman Kucinich Nadler Slaughter Riggs Skeen Thornberry Riggs Sisisky Tiahrt LaFalce Neal Snyder Riley Smith (MI) Thune Riley Skaggs Traficant Lantos Northup Stabenow Rogan Smith (NJ) Tiahrt Rivers Skeen Turner Lewis (GA) Obey Stark Rogers Smith (OR) Traficant Roemer Smith (MI) Upton Lipinski Olver Stokes Rohrabacher Smith (TX) Turner Rogan Smith (NJ) Visclosky Lofgren Owens Thompson Ros-Lehtinen Smith, Adam Upton Rogers Smith (OR) Walsh Lowey Pallone Thurman Roukema Smith, Linda Walsh Rohrabacher Smith (TX) Wamp Maloney (CT) Pastor Tierney Royce Snowbarger Wamp Ros-Lehtinen Smith, Adam Watkins Maloney (NY) Payne Torres Ryun Solomon Watkins Rothman Smith, Linda Watt (NC) Markey Pelosi Towns Salmon Souder Watts (OK) Roukema Snowbarger Watts (OK) Martinez Poshard Velazquez Sanchez Spence Weldon (FL) Royce Snyder Waxman McCarthy (MO) Price (NC) Vento Sanford Spratt Weldon (PA) Ryun Solomon Weldon (FL) McCarthy (NY) Rahall Visclosky Saxton Stearns Weller Sabo Souder Weldon (PA) McDermott Rangel Waters Scarborough Stenholm Wexler Salmon Spence Weller McGovern Reyes Watt (NC) Schaefer, Dan Strickland Weygand Sandlin Spratt Wexler McHale Rivers Waxman Schaffer, Bob Stump White Sanford Stabenow Weygand McKinney Rodriguez Wise Sensenbrenner Stupak Whitfield Sawyer Stearns White McNulty Roemer Woolsey Sessions Sununu Wicker Saxton Stenholm Whitfield Meehan Rothman Wynn Shadegg Talent Wolf Scarborough Stump Wicker Meek Roybal-Allard Yates Shaw Tanner Young (FL) Schaefer, Dan Sununu Wise Menendez Sabo NOT VOTING—6 Schaffer, Bob Talent Wolf Millender- Sanders Schumer Tanner Woolsey McDonald Sandlin Gekas Rush Skelton Sensenbrenner Tauscher Young (FL) Hefner Schiff Young (AK) Sessions Tauzin NOES—282 b 1813 NOT VOTING—5 Aderholt Doolittle Kelly So the amendment was rejected. Hefner Schiff Young (AK) Archer Doyle Kim Rush Skelton Armey Dreier King (NY) The result of the vote was announced Bachus Duncan Kingston as above recorded. b 1805 Baesler Dunn Klink Baker Edwards Klug b 1815 Messrs. BERRY, KILDEE, and FARR Ballenger Ehlers Knollenberg Barr Ehrlich Kolbe Mr. LAZIO of New York. Mr. Chair- of California changed their vote from Barrett (NE) Emerson LaHood man, I move to strike the last word. ‘‘aye’’ to ‘‘no.’’ Bartlett English Lampson Mr. Chairman, I know that this body So the amendment was rejected. Barton Ensign Largent will be gravely disappointed to know The result of the vote was announced Bass Etheridge Latham Bateman Everett LaTourette that this bill is nearing conclusion. I as above recorded. Bereuter Ewing Lazio understand that all titles have been AMENDMENT OFFERED BY MR. DAVIS OF Berman Fawell Leach closed, is that correct, Mr. Chairman, ILLINOIS Bilbray Fazio Levin Bilirakis Foley Lewis (CA) if that is appropriate to direct that The CHAIRMAN pro tempore Blagojevich Forbes Lewis (KY) question to the Chair? [LAHOOD]. The pending business is the Bliley Fowler Linder The CHAIRMAN pro tempore (Mr. demand for a recorded vote on the Blunt Fox Livingston LAHOOD). Title VII is open at any Boehlert Franks (NJ) LoBiondo amendment offered by the gentleman Boehner Frelinghuysen Lucas point. from Illinois [Mr. DAVIS] on which fur- Bonilla Gallegly Luther Mr. LAZIO of New York. I would ask ther proceedings were postponed and Bono Ganske Manton that after the close of title VII that I on which the noes prevailed by voice Boswell Gibbons Manzullo be permitted to offer a unanimous-con- Boucher Gilchrest Mascara vote. Boyd Gillmor Matsui sent request pursuant to the discus- The Clerk will designate the amend- Brady Gilman McCollum sions that we have had with the gen- ment. Bryant Goode McCrery tleman from Massachusetts concerning Bunning Goodlatte McDade The Clerk designated the amend- Burr Goodling McHugh time limitations. I will be making a ment. Burton Gordon McInnis motion to rise at the end of this, and RECORDED VOTE Buyer Goss McIntosh we will probably resume again on Callahan Graham McIntyre Thursday to take up the substitute and The CHAIRMAN. A recorded vote has Calvert Granger McKeon been demanded. Camp Green Metcalf to take up final passage. At that time A recorded vote was ordered. Canady Greenwood Mica I understand that there has been some Cannon Gutknecht Miller (FL) agreement on time limitations involv- The CHAIRMAN pro tempore. This Cardin Hall (TX) Minge will be a 5-minute vote. Castle Hansen Molinari ing the Kennedy substitute. The sug- The vote was taken by electronic de- Chabot Hastert Moran (KS) gestion would be that there would be 60 vice, and there were—ayes 145, noes 282, Chambliss Hastings (FL) Moran (VA) minutes for the substitute, 30 minutes Chenoweth Hastings (WA) Morella controlled by the gentleman from Mas- not voting 6, as follows: Christensen Hayworth Myrick [Roll No. 123] Clement Hefley Nethercutt sachusetts [Mr. KENNEDY], 30 minutes Coble Herger Neumann controlled by myself, and I just wanted AYES—145 Coburn Hill Ney to inquire if that was the understand- Abercrombie Clyburn Frank (MA) Collins Hilleary Norwood Ackerman Conyers Frost Combest Hobson Nussle ing of the gentleman from Massachu- Allen Costello Furse Condit Hoekstra Oberstar setts [Mr. KENNEDY] and if he would be Andrews Coyne Gejdenson Cook Holden Ortiz concurring with that time limitation. Baldacci Cummings Gephardt Cooksey Horn Oxley Mr. KENNEDY of Massachusetts. Mr. Barcia Davis (FL) Gonzalez Cox Hostettler Packard Barrett (WI) Davis (IL) Gutierrez Cramer Houghton Pappas Chairman, will the gentleman yield? Becerra DeFazio Hall (OH) Crane Hoyer Parker Mr. LAZIO of New York. I yield to Bentsen DeGette Hamilton Crapo Hulshof Pascrell the gentleman from Massachusetts. Berry Delahunt Harman Cubin Hunter Paul Mr. KENNEDY of Massachusetts. Mr. Bishop DeLauro Hilliard Cunningham Hutchinson Paxon Blumenauer Dellums Hinchey Danner Hyde Pease Chairman, I had spoken with the chair- Bonior Dicks Hinojosa Davis (VA) Inglis Peterson (MN) man’s staff and we had indicated that Borski Engel Hooley Deal Istook Peterson (PA) because of the large number of speak- Brown (CA) Eshoo Jackson (IL) DeLay Jenkins Petri Brown (FL) Evans Jackson-Lee Deutsch John Pickering ers and because this bill has been so Brown (OH) Farr (TX) Diaz-Balart Johnson (CT) Pickett much fun for the last 3 weeks that we Campbell Fattah Jefferson Dickey Johnson, Sam Pitts would not necessarily want to cut the Capps Filner Johnson (WI) Dingell Jones Pombo debate short on Thursday morning, but Carson Flake Johnson, E. B. Dixon Kanjorski Pomeroy Clay Foglietta Kennedy (MA) Doggett Kaptur Porter we are looking forward to perhaps find- Clayton Ford Kennedy (RI) Dooley Kasich Portman ing a way to achieve a limitation on May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2567 Thursday. But I would rather wait cials and Public Housing Authorities to work the House suspend the rules and pass until then to determine the level of in- together to meet the housing needs of their the bill, H.R. 5, as amended, on which tensity on our side. community, conflicts such as the one taking the yeas and nays are ordered. Mr. LAZIO of New York. If I could place in Lima today can be averted. While The vote was taken by electronic de- just reclaim my time, is the gentleman both sides in this dispute clearly have the best vice, and there were—yeas 420, nays 3, saying that an hour would not be an interests of community in mind, it is the cur- not voting 10, as follows: appropriate amount of time to debate rent housing program framework itself that has [Roll No. 124] the substitute? pitted both sides against one another. It is YEAS—420 Mr. KENNEDY of Massachusetts. I clear to me that the Home Rule Flexible Grant Abercrombie DeGette Hostettler am hopeful we can reach agreement on Option provisions in this bill would help to en- Ackerman Delahunt Houghton an hour, but I would like to reserve courage greater cooperation between Public Aderholt DeLauro Hoyer that right until Thursday and make Housing Authorities and local elected officials. Allen DeLay Hulshof that determination at that time. Andrews Dellums Hunter As one who has witnessed first-hand the Archer Deutsch Hutchinson Mr. OXLEY. Mr. Speaker, I rise today in negative consequences of having local Public Armey Diaz-Balart Hyde support for H.R. 2, the Housing Opportunity Housing Authorities and local government Bachus Dickey Inglis and Responsibility Act. As a cosponsor of this leaders work at odds with each other, it is Baesler Dicks Istook Baker Dingell Jackson (IL) important legislation I believe that it will go a clear to me that this new approach is needed. Baldacci Dixon Jackson-Lee long way toward reforming our current public For these reasons I urge all Members to sup- Ballenger Doggett (TX) housing system. I am particularly enthusiastic port passage of the Housing Opportunity and Barcia Dooley Jefferson about Title IV, the Home Rule Flexible Grant Barr Doolittle Jenkins Responsibility Act. Barrett (NE) Doyle John Option, portion of the overall legislation. The Mr. LAZIO of New York. Mr. Chair- Barrett (WI) Dreier Johnson (CT) provisions included in Title IV would provide man, I move that the Committee do Bartlett Duncan Johnson (WI) local government leaders with the flexibility to Barton Dunn Johnson, E.B. now rise. Bass Edwards implement new locally developed proposals for Johnson, Sam The motion was agreed to. Bentsen Ehlers Jones meeting the specific housing needs of their Accordingly, the Committee rose; Bereuter Ehrlich Kanjorski communities. and the Speaker pro tempore [Mr. Berman Emerson Kaptur Whereas under our current system Public Berry Engel Kasich KOLBE] having assumed the chair, Mr. Bilbray English Housing Authorities administer all aspects of Kelly LAHOOD, Chairman pro tempore of the Bilirakis Ensign Kennedy (MA) sometimes highly regulated Federal housing Committee of the Whole House on the Bishop Eshoo Kennedy (RI) programs, this new grant would give interested State of the Union, reported that that Bliley Etheridge Kennelly Blumenauer Evans Kildee localities the flexibility to implement new inno- Committee, having had under consider- Blunt Everett vative programs targeted to meet the housing Kilpatrick ation the bill (H.R. 2) to repeal the Boehlert Ewing Kim needs of their own citizens. United States Housing Act of 1937, de- Boehner Farr Kind (WI) Bonilla Fattah In the city of Lima, a town in my district, a King (NY) regulate the public housing program Bonior Fawell Kingston situation has developed recently that has di- Bono Fazio and the program for rental housing as- Kleczka vided local housing authorities and local gov- Borski Filner sistance for low-income families, and Klink Boswell Flake ernment leaders. The situation began when Klug increase community control over such Boucher Foglietta Knollenberg the city's Public Housing Authority went for- programs, and for other purposes, had Boyd Foley Kolbe ward with plans to build 28 scattered-site low- Brady Forbes come to no resolution thereon. Kucinich Brown (CA) Ford income public housing units. With city officials LaFalce f Brown (FL) Fowler contending that these units are not scattered, Lampson Brown (OH) Fox and in fact concentrated in one particular area REMOVAL OF NAME OF MEMBER Bryant Frank (MA) Lantos of the city, they filed suit contending that the AS COSPONSOR OF H.R. 590 Bunning Franks (NJ) Largent Burr Frelinghuysen Latham Public Housing Authority broke Ohio law by Mr. BLUMENAUER. Mr. Speaker, I LaTourette not presenting the project to the Lima Plan- Burton Frost ask unanimous consent that the gen- Buyer Furse Lazio ning Commission before going ahead with Leach tleman from Wisconsin [Mr. JOHNSON] Callahan Gallegly construction. In an effort to bring both sides Calvert Ganske Levin be removed as a cosponsor of H.R. 590. Lewis (CA) together and resolve their differences, at my Camp Gejdenson The SPEAKER pro tempore. Is there Campbell Gekas Lewis (GA) request, a meeting was set up between HUD objection to the request of the gen- Canady Gephardt Lewis (KY) Linder officials and officials from the Lima City Coun- tleman from Oregon? Cannon Gibbons cil. In fact, a public meeting was also held on Capps Gilchrest Lipinski There was no objection. Cardin Gillmor Livingston this issue, again with HUD officials being LoBiondo f Carson Gilman present. While HUD officials soon agreed with Castle Gonzalez Lofgren city officials that indeed they had some legiti- REMOVAL OF NAME OF MEMBER Chabot Goode Lowey mate concerns on the 28 scattered-site hous- Chambliss Goodlatte Lucas AS COSPONSOR OF H.R. 695 Chenoweth Goodling Luther ing units being congested in one area, ulti- Ms. EDDIE BERNICE JOHNSON of Christensen Gordon Maloney (CT) mately no concrete resolutions came out of Clay Goss Maloney (NY) these meetings. Texas. Mr. Speaker, I ask unanimous Clayton Graham Manton Unfortunately, the situation worsened. With consent to have my name removed as a Clement Granger Manzullo cosponsor of H.R. 695. Clyburn Green Markey no resolution from the meetings, and with the Coble Greenwood Martinez city proceeding with the lawsuit, city officials The SPEAKER pro tempore. Is there Coburn Gutknecht Mascara soon found themselves receiving a letter of objection to the request of the gentle- Collins Hall (OH) Matsui McCarthy (MO) warning from HUD. The letter stated that as a woman from Texas? Combest Hall (TX) There was no objection. Condit Hamilton McCarthy (NY) result of the city's lawsuit against the Public Conyers Hansen McCollum Housing Authority, the department would f Cook Harman McCrery therefore be withholding funds for both the Cooksey Hastert McDade INDIVIDUALS WITH DISABILITIES Costello Hastings (FL) McDermott city's Community Development Block Grant EDUCATION ACT AMENDMENTS Cox Hastings (WA) McGovern and HOME Programs. Coyne Hayworth McHale Clearly this situation should never have de- OF 1997 Cramer Hefley McHugh The SPEAKER pro tempore. The Crane Herger McInnis veloped to the point where HUD bureaucrats Crapo Hill McIntosh would feel the need to threaten to withhold pending business is the question of sus- Cubin Hilleary McIntyre funds for programs that have absolutely noth- pending the rules and passing the bill, Cummings Hilliard McKeon ing to do with the city's initial lawsuit. In fact, H.R. 5, as amended. Cunningham Hinchey McKinney Danner Hinojosa McNulty had all sides sat down and actually addressed The Clerk read the title of the bill. Davis (FL) Hobson Meehan each others concerns in the first place, all of The SPEAKER pro tempore. The Davis (IL) Hoekstra Meek this could have possibly been resolved. question is on the motion offered by Davis (VA) Holden Menendez It is this exact situation that Title IV of H.R. the gentleman from the gentleman Deal Hooley Metcalf DeFazio Horn Mica 2 aims to address. By encouraging city offi- from Pennsylvania [Mr. GOODLING] that H2568 CONGRESSIONAL RECORD — HOUSE May 13, 1997 Millender- Ramstad Spence [Mr. HULSHOF addressed the House. are aided in what is probably known as McDonald Rangel Spratt Miller (CA) Regula Stabenow His remarks will appear hereafter in the singly most successful program Miller (FL) Reyes Stark the Extensions of Remarks.] which is run in any level of our govern- Minge Riggs Stearns f ment is hard to understand. Mink Riley Stenholm It may be hard for him to under- Moakley Rivers Stokes REPUBLICAN TACTICS HURT stand, but those of us who have been Molinari Rodriguez Strickland WEAKEST OF OUR CITIZENS Mollohan Roemer Stump around in politics for a while under- Moran (KS) Rogan Stupak The SPEAKER pro tempore. Under a stand the realities of the Republican Moran (VA) Rogers Sununu previous order of the House, the gen- Morella Rohrabacher Talent strategy: To take the food out of the Murtha Ros-Lehtinen Tanner tleman from Alabama [Mr. HILLIARD] is mouths of those 180,000 men and Myrick Rothman Tauscher recognized for 5 minutes. women, little kids, to give a tax break, Nadler Roukema Tauzin Mr. HILLIARD. Mr. Speaker, this once again, to the wealthy. Neal Roybal-Allard Taylor (MS) week the Republican Congress will offi- Nethercutt Royce Taylor (NC) My friends on the radical Republican Neumann Ryun Thomas cially take food out of the mouths of side of this Congress are misjudging, Ney Sabo Thompson babies when they follow the lead of the once again, the American people, as Northup Salmon Thornberry House Committee on Appropriations. Norwood Sanchez Thune they did with the Medicare and Medic- Nussle Sanders Thurman Last week this Republican-controlled aid cuts of last year. I do not believe Oberstar Sandlin Tiahrt committee cut the women, infants and our citizens will sit by while the serv- Obey Sanford Tierney children nutrition program. If the Con- ice of big business and the wealthy, the Olver Sawyer Torres gress follows their lead, many poor, Ortiz Saxton Towns Republicans, send 180,000 poor people Owens Scarborough Traficant helpless, underrepresented and overly into the streets begging for food and Oxley Schaefer, Dan Turner persecuted American citizens will be medical care. It should not happen here Packard Schaffer, Bob Upton without the necessities of life. Pallone Scott Velazquez in America. Pappas Sensenbrenner Vento Mr. Speaker, the full House of Rep- How many more children must suffer Parker Serrano Visclosky resentatives will soon vote on this bill before we retain the moral conscience Pascrell Sessions Walsh which, if passed, will cause a cut in of our Nation? How many more babies Paxon Shadegg Wamp WIC nutrition programs of 180,000 Payne Shaw Waters must cry through the night before we Pease Shays Watkins women, infants and children who would remember the golden rule? How many Pelosi Sherman Watt (NC) have to go without food and medicine. more mothers will go full term through Peterson (MN) Shimkus Watts (OK) These proposed cuts in this program Peterson (PA) Shuster Waxman a pregnancy without seeing a physi- Petri Sisisky Weldon (FL) are not fancy frills, but basic staples of cian? Pickering Skaggs Weldon (PA) life: food and medicine. The weak, the poor, the least of those Pickett Skeen Weller I understand the desire of certain in our society are those we should al- Pitts Slaughter Wexler Members of this Congress who believe Pombo Smith (MI) Weygand ways protect. It is the cornerstone of Pomeroy Smith (NJ) White in cutting programs to balance the our Nation to look out for those who Porter Smith (OR) Whitfield budget. However, let me assure my col- are lost and those who are least able to Portman Smith (TX) Wicker leagues that this is one of the most Poshard Smith, Adam Wise fend for themselves. If we have feel- Price (NC) Smith, Linda Wolf noble Federal programs that we have ings, if we are compassionate, if we Pryce (OH) Snowbarger Woolsey ever funded. have a heart, we will take care of our Quinn Snyder Wynn Mr. Speaker, I would understand the young. Please vote to take care of the Radanovich Solomon Yates opposition if the WIC Program were a Rahall Souder Young (FL) infants, the pregnant women, and the typical pork barrel project, but it is little kids. NAYS—3 not. It is not even the equivalent of the f Bateman LaHood Paul recent legislative luxuries proposed by The SPEAKER pro tempore. Under a NOT VOTING—10 the Republican’s own plan to grant a previous order of the House, the gen- monstrously large and obscene tax Becerra Pastor Skelton tleman from Wisconsin [Mr. NEUMANN] Blagojevich Rush Young (AK) break for the Nation’s most wealthy. is recognized for 5 minutes. Gutierrez Schiff The WIC Program allocates nothing Hefner Schumer but bottom line necessities of life: [Mr. NEUMANN addressed the House. b 1828 food, nutritious programs and, yes, His remarks will appear hereafter in So (two-thirds having voted in favor medicine, the very essential necessities the Extension of Remarks.] thereof) the rules were suspended and of life. f the bill, as amended, was passed. What on Earth could be objectionable DEMOCRATS LAUNCH HEALTH The result of the vote was announced about these programs? It is not a pro- PLAN FOR CHILDREN, WHILE as above recorded. gram for the able, it is not a program GOP LEADERS DENY CHILDREN A motion to reconsider was laid on that feeds foreign kids. It is a program BASIC NUTRITION the table. that feeds hungry children here in f America. It is a program that protects The SPEAKER pro tempore. Under a pregnant women here in America. It is previous order of the House, the gen- PERSONAL EXPLANATION a program that benefits Americans. tleman from New Jersey [Mr. PALLONE] Mr. PORTER. Mr. Speaker, on rollcall No. Mr. Speaker, these infants who are is recognized for 5 minutes. 124, I was detained at a meeting with Mr. Bob on the WIC Program do not need to be Mr. PALLONE. Mr. Speaker, last Nash of the White House personnel office. hurt or harassed by this Congress. month Democrats urged Republican Had I been present, I would have voted ``yea.'' They need help. Not only is the House leaders to move forward on legislation f Committee on Appropriations’ decision to help provide health care coverage for America’s uninsured children by SPECIAL ORDERS cruel and unusual, but it is ill-advised. The Center on Budget and Policy Pri- Mother’s Day. Instead of developing a The SPEAKER pro tempore (Mr. ority, their executive director, Mr. plan for the more than 10 million unin- KOLBE). Under the Speaker’s an- Robert Greenstein stated: sured children, Republican leaders nounced policy of January 7, 1997, and The Appropriation Committee’s deci- have been outspoken in denying milk, under a previous order of the House, sion to allow WIC participation levels formula, and other basic nutrition the following Members will be recog- to be cut by 180,000 low-income women, needs for approximately 180,000 chil- nized for 5 minutes each. children and infants is extremely ill- dren in the Women, Infants and Chil- f advised. dren, or WIC Program, that my col- The SPEAKER pro tempore. Under a league from Alabama just previously b previous order of the House, the gen- 1845 spoke about. tleman from Missouri [Mr. HULSHOF] is To agree with cutbacks to the num- Since the Republicans have failed in recognized for 5 minutes. ber of poor women and children who developing a plan to assist the Nation’s May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2569 uninsured children, Democrats have Additionally, families who qualify for patients to just snap out of it. This has taken the initiative and have put to- health insurance under current law, really added a burden on a lot of Amer- gether a children’s health care proposal the COBRA law, that cannot afford the icans, particularly those who reside in which we unveiled last week. premium for the entire family, will my part of the world, on Long Island, The proposal is called the Families have the option to purchase a chil- and we have an unbelievable number of First Health Care Coverage for Chil- dren’s only health insurance policy. chronic fatigue syndrome sufferers. dren, and it seeks to help those work- This last portion, again that was pro- Over the last 2 years, I have met with ing families who do not currently qual- vided and suggested and is in a bill many of these individuals who are real- ify for Medicaid, because they are that the gentlewoman from Oregon ly waging a valiant battle, not only to above the Federal poverty level, but [Ms. FURSE] has introduced, basically try to educate more and more physi- are nevertheless without health insur- benefits working families of all income cians that this is a very real disease, ance for a number of reasons. levels. but also to bring greater public aware- I would like to discuss, Mr. Speaker, Mr. Speaker, I have to say that this ness and resources to the research of this plan right now. It is basically a Democratic proposal can all be this malady and to find a cure. It is ab- three-pronged approach. First, it en- achieved within the context of the bal- solutely heartbreaking to see parents courages, but does not mandate, States anced budget agreement that was an- and neighbors, spouses and children, or to expand the Medicaid floor for health nounced by the President a few weeks anyone suffering from the enduring insurance for low-income children, ago. Democrats, I believe, Mr. Speaker, pain and pervasive weakness of chronic while assisting local communities in are moving forward because Repub- fatigue, to see vibrant, energetic peo- developing outreach to the 3 million licans in effect are lacking leadership ple all of a sudden stricken with a mys- children who are uninsured, but al- in this arena of children’s health. I terious ailment that medical profes- ready do qualify for Medicaid assist- once again have to point out that in- sionals cannot cure and, unfortunately, ance. Now, what we found is that a lot stead of seeking a solution to chil- too many others think it is something of children are out there and qualify dren’s health care, we see the Repub- else or choose to ignore this chronic fa- under the current Medicaid law, but lican leadership determined to stop full tigue syndrome. are not taking advantage of it, so we funding of the WIC Program that their I am particularly shocked that here do need an outreach program. own Governors have requested. in the United States, where this dis- Most children in families at low in- Mr. Speaker, I just want to point out, ease has been known since 1984, we are come levels currently receive their the Democrats from last year, when we spending a paltry $5 million annually health care from the Medicaid pro- put forward our families first agenda, to try to figure out where this disease gram, and we are just trying to ensure were trying to respond to the real comes from and specifically how can that these low-income families do not needs of the average American family, we treat it. I would also reference the fall through the cracks. and I think that is what this health fact that while there are very few suc- The second prong of the Democrats’ care initiative does again. It addresses cessful treatments for this terrible dis- families first children’s health care the fact that we have so many children ease, those that doctors do employ proposal creates a matching grant pro- out there who are not covered, who are quite honestly have a marginal effec- gram for the States, and it is called responding to that need, and we hope tiveness. For reasons that researchers Medikids. It is a grant program that we can get bipartisan support for this still do not understand, chronic fatigue will be targeted to those families, if we initiative. syndrome is diagnosed mostly in white use a family of four, who make between f women, typically in their 30’s, though $16,000 and $48,000 a year. Medikids will now there are a growing number of give the States the flexibility and the CHRONIC FATIGUE IMMUNE children who have been identified with additional moneys they need to be cre- DYSFUNCTION SYNDROME having chronic fatigue syndrome. ative in meeting the needs of a State’s The SPEAKER pro tempore. Under a In my home area on eastern Long Is- uninsured children’s population. previous order of the House, the gen- land, this cruel disease has stricken, as Now, when I talk about flexibility, tleman from New York [Mr. FORBES] is I said earlier, a disproportionate num- States can form public-private partner- recognized for 5 minutes. ber of people. There are some 2,000 ships, use the money to build upon ex- Mr. FORBES. Mr. Speaker, I rise cases that have been identified, but I isting State programs and to create today to ask my colleagues to join would suggest that the number is prob- new initiatives unique to the State’s with me in recognizing that yesterday, ably three times that. own needs. Again, Medikids is vol- Monday, May 12, was International Mr. Speaker, I yield at this time, if I untary to the States, but in order for Chronic Fatigue Immune Dysfunction could, to the gentleman from New States to qualify for the Medikids Syndrome Awareness Day. York [Mr. LAZIO], my good friend and matching grant they must provide We in the Congress must realize the colleague from Long Island who has Medicaid coverage for pregnant women need to heighten public awareness of some personal experience with this up to 185 percent of the poverty level this most debilitating, yet still largely dreaded disease. and children through age 18 of families ignored, disease that caring medical Mr. LAZIO of New York. Mr. Speak- up to 180 percent of the poverty level, experts believe strikes a conservative er, I want to congratulate the gen- or $16,000 in a family of four. number of Americans, 2 to 5 million an- tleman from New York [Mr. FORBES] on So what we are doing here, Mr. nually, and an estimated 11,000 individ- taking this time out to help build an Speaker, is expanding Medicaid, the uals in New York, New Jersey, and awareness across our country of the floor of the Medicaid Program, and Connecticut. struggles that families and individuals then providing matching grants so First brought to the public’s atten- suffering with chronic fatigue syn- States can go beyond that up to fami- tion back in 1984 during an outbreak at drome are going through. lies of four with incomes of $48,000. Lake Tahoe, NV, the number of chronic As the gentleman had remarked, it is Finally, I wanted to say that our fatigue sufferers has grown dramati- particularly hurtful when people who third prong, which basically came from cally. That is due, in part, because do not understand the syndrome mock the gentlewoman from Oregon [Ms. more physicians are being trained to their ailment or the illness because of FURSE], who is part of our health care identify the symptoms of chronic fa- a lack of information about this. Of task force, this would seek private tigue syndrome and, in addition, some course this also has a devastating ef- health insurance reforms and make it physicians have understood that chron- fect on the children of some of the easier for families of all income levels ic fatigue syndrome and its symptoms caregivers who have Chronic Fatigue to provide for their children’s health are better understood today than they Syndrome. It is a very difficult prob- care needs. It is not income-based. have been in the past. lem. This third prong would require insur- Unfortunately, a shocking number of I have to agree with the gentleman ers to offer group-rated policies for physicians still believe that the disease that we need to marshal our public and children only, which means a relatively really is not a disease such as this, but private resources to begin the process inexpensive health insurance policy. it is depression. They often tell their of overcoming this terrible disease. Of H2570 CONGRESSIONAL RECORD — HOUSE May 13, 1997 course I have been touched with this in CFIDS. Once dismissed by doctors, this syn- first woman to receive pilot certifi- my own family, as the gentleman had drome is now being taken seriously. Studies cation, the first woman to fly nonstop mentioned. vary on how many people are affected by this across the United States; the first I want to thank the gentleman for disease but a conservative estimate is about woman to fly solo across the Atlantic his interest and for allowing me a few 390,000 adult cases in the United States. Ocean; and the first woman to receive minutes to align myself and associate In the tristate area of New York, New Jer- the Distinguished Flying Cross. myself with the gentleman’s interests sey, and Connecticut, approximately 4,094 to Amelia Earhart was an early advo- in battling this terrible disease. 11,000 people have CFIDS. cate of commercial aviation and lec- Mr. FORBES. Mr. Speaker, I thank CFIDS is truly a terrible disease. It ranges tured in the 1930’s that one day people the gentleman. I would like to recog- in severity from patients who are just able to would fly through the sky every day to nize my other colleagues from Long Is- maintain a job, and may have to give up other get from one place to another. land: the gentleman from New York aspects of their lives, to those who are bed- Earhart’s commitment to aviation [Mr. ACKERMAN], the gentleman from ridden and unable to take care of themselves. was equaled by her commitment to ad- New York [Mr. KING], and the gentle- While CFIDS traditionally affects young vancing equality and opportunity for woman from New York [Mrs. MCCAR- women in the prime of their lives, a growing women. She served as an aeronautical THY], who equally have been working number of children appear to have CFIDS. adviser and women’s career counselor on this issue. We will be taking this The fact that this disease is striking young at Purdue University. She promoted floor several days this week to talk in children is particularly disturbing. This dis- equality for women in public presen- extended terms about the chronic fa- abling illness will have a disastrous effect on tations and appearances, but most im- tigue syndrome. It is a serious illness the economy by preventing young children portantly, Amelia Earhart led by ex- and one that we as a nation need to from becoming income-earning, tax-paying citi- ample, by doing things that no one deal with in a more aggressive manner. zens. thought possible. Mr. ACKERMAN. Mr. Speaker. I rise today While CFIDS is not known to be a killer, it b 1900 to acknowledge Annual International Aware- has no proven treatment and no cure. More- ness Day for Chronic Immunological and Neu- over, it is difficult and, unfortunately, nearly im- Even in her disappearance, Amelia rological Diseases. These illnesses are among possible to get a timely and correct diagnosis. Earhart was striving to do that which the fastest growing health concerns in our Because patients go to many different doc- had never been done, to become the country and constitute a large and neglected tors to find a diagnosis, they often are sub- first woman to circle the globe. This area in medical research. Chronic fatigue im- jected to unnecessary, costly, and potentially year marks the centennial celebration mune dysfunction syndrome [CFIDS] and harmful treatments. of the life and achievements of Amelia fibromyalgia syndrome [FMS] are illnesses Mr. Speaker, this must change. Doctors, Earhart. We recognize this daughter of which affect at least a half million American medical professionals, and those who are en- Atchison, KS, and honor her extraor- adults and children. It is imperative that in- tering the medical fields must be educated dinary contributions to women, creased funding for research for CFIDS and about CFIDS. Delaying diagnosis is not only science, aeronautics, and the Nation. FMS be approved in a timely fashion. harmful to the patient, it is not cost effective. f CFIDS is a serious and complex illness that Treating individuals early in the disease proc- The SPEAKER pro tempore (Mr. affects nearly every aspect of an individual's ess offers more promise for return to normal Snowbarger). Under a previous order of life. It is characterized by incapacitating fa- and productive living. the House, the gentleman from Michi- tigue, neurological problems and numerous f gan [Mr. SMITH] is recognized for 5 min- other symptoms. Approximately 1,000 individ- GENERAL LEAVE utes. uals in Suffolk County alone suffer from this [Mr. SMITH of Michigan addressed disease. One of my constituents, named An- Mr. FORBES. Mr. Speaker, I ask the House. His remarks will appear thony Wasneuski, was diagnosed with chronic unanimous consent that all Members hereafter in the Extensions of Re- fatigue syndrome in 1990. Mr. Wasneuski was may have 5 legislative days within marks.] a furniture salesman in New York City. He which to revise and extend their re- f was also an accomplished artist who received marks on the subject of this very im- a scholarship from the Brooklyn Museum. Un- portant special order. GENERAL LEAVE fortunately, because of this illness he must The SPEAKER pro tempore (Mr. Mr. BILIRAKIS. Mr. Speaker, I ask now remain at home, and now has difficulty SNOWBARGER). Is there objection to the even signing his own name. Mr. Wasneuski's unanimous consent that all Members request of the gentleman from New may have 5 legislative days within story represents a real life experience behind York? the cold numbers and statistics of this debili- which to revise and extend their re- There was no objection. marks on the subject of my special tating disease. f Fibromyalgia syndrome is a chronic, wide- order. spread musculoskeletal pain and fatigue dis- The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Is there order for which the cause is unknown. Re- previous order of the House, the gen- objection to the request of the gen- search studies have indicated that approxi- tleman from California [Mr. DREIER] is tleman from Florida? mately 2 percent of the general population are recognized for 5 minutes. There was no objection. afflicted with FMS. The majority of FMS pa- [Mr. DREIER addressed the House. f tients are female and symptoms may begin in His remarks will appear hereafter in THE TRAGEDY OF ALCOHOL-RE- young, school-aged children. Tragically, it the Extensions of Remarks.] LATED DEATHS ON OUR NA- takes approximately 3 years and costs thou- f TION’S HIGHWAYS sands of dollars just to receive a diagnosis of HONORING AMELIA EARHART the disease. The SPEAKER pro tempore. Under Chronic fatigue immune dysfunction system The SPEAKER pro tempore. Under a the Speaker’s announced policy of Jan- and fibromyalgia clearly affect people from all previous order of the House, the gen- uary 7, 1997, the gentleman from Flor- walks of life. As the 1998 appropriations proc- tleman from Kansas [Mr. RYUN] is rec- ida [Mr. BILIRAKIS] is recognized for 60 ess gets underway, we need to focus upon ognized for 5 minutes. minutes as the designee of the major- ways that we can provide more research fund- Mr. RYUN. Mr. Speaker, today I rise ity leader. ing for these debilitating conditions. to honor a great woman, a great Kan- Mr. BILIRAKIS. Mr. Speaker, the Mrs. MCCARTHY of New York. Mr. Speaker, san, and a great American. Amelia National Highway Traffic Safety Ad- I would also like to take the opportunity to Mary Earhart was born on July 24, 1897 ministration estimates that two in thank my colleague, Mr. FORBES, for organiz- in Atchison, KS as the grandchild of every five Americans, 40 percent, will ing this opportunity to speak out on chronic fa- original Kansas pioneers. be involved in an alcohol-related crash tigue and immune dysfunction syndrome The pioneering spirit never left at some time in their lives. I rise today [CFIDS]. Amelia as she achieved a collection of to reflect on the tragedy that drunk I would like to take this opportunity to talk firsts and world records in which we driving has brought to victims and about a little known but devastating disease: should all take pride. These include the their families around the United May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2571 States. I was encouraged to learn that ganizations, such as ‘‘Remove Intoxi- against alcoholism, and both men from 1990 to 1994, there was a 20-percent cated Drivers,’’ RID, Students Against strongly advocated the creation of this decline in alcohol-related deaths on Driving Drunk, SADD, and Campaign commission, and they handed this off our Nation’s roads. However, in 1995, Against Drunk Driving, CADD, have to me to chief sponsor. alcohol-related traffic deaths increased been working to protect people from This temporary commission to deal for the first time in a decade. These being injured or killed in drunk driv- with the problem of alcoholism will in- statistics deeply trouble me, especially ing-related crashes. clude 12 appointed members and also since our Nation has made a commit- Mr. Speaker, I yield to the gentleman the director of the National Institute ment to educate the public on the dan- from Minnesota [Mr. RAMSTAD]. on Alcohol Abuse and Alcoholism. I gers of driving while under the influ- Mr. RAMSTAD. Mr. Speaker, I thank foresee prevention and treatment ex- ence of alcohol. the gentleman for yielding to me. perts on this commission, representa- Mr. Speaker, I yield to the gentle- Mr. Speaker, I rise today in strong tives of Mothers Against Drunk Driv- woman from Oregon [Ms. FURSE]. support of my colleagues’ efforts to ing, academic and medical profes- Ms. FURSE. Mr. Speaker, I am very bring attention to the tragedy of drunk sionals, representatives of the business pleased to be part of this special order, driving, and to discuss briefly a bill I community, recovering people, and because 45 percent of the fatalities on have introduced with 20 of our col- Members of Congress. our Nation’s highways are alcohol-re- leagues on both sides of the aisle to es- The commission will be charged with lated. It is, as the gentleman men- tablish a national commission on alco- specific tasks, including ways to tioned, a tremendous problem. One of holism to deal with this fatal disease in streamline existing treatment and pre- the things that I was most shocked a comprehensive and cost-effective vention programs, and develop a na- about was to find that in emergency way. tional strategy to counter this deadly rooms across this Nation, emergency Mr. Speaker, alcoholism killed over and costly epidemic. Within 2 years the room personnel are very often not al- 100,000 Americans last year. That is commission will be charged with sub- lowed to give information when a per- more than all illegal drugs combined. mitting its recommendations to the son comes in from a traffic accident Half of our Nation’s convicted mur- Congress and the President, and then with a high blood alcohol level, so a derers committed their crimes under disband. I strongly urge my colleagues wonderful woman from Oregon came to the influence of alcohol. My colleague, to cosponsor H.R. 1549. me, a nurse, and she had changed the the gentleman from Florida, and my Mr. Speaker, only by addressing the law in Oregon which said that emer- colleague, the gentlewoman from Or- underlying problem of alcoholism will gency room personnel may make this egon, already discussed the devastation we ever reduce the incidence of drunk information available. caused by drunk drivers. Alcoholism is driving in America. Again, I thank the As the gentleman knows, last year truly a painful struggle with a stagger- gentleman for yielding, and for his ef- we passed a bill here in this House ask- ing public cost. Untreated alcoholics forts in this important effort to deal ing for a study to see about just allow- incur health care costs at least double with drunk driving. ing that emergency room personnel to those of nonalcoholics. In indirect and Mr. BILIRAKIS. I thank the gen- report high blood alcohol levels. What direct costs together, the public, the tleman for his great work on this issue, we found in Oregon was absolutely American taxpayer, pays at least $86 Mr. Speaker. shocking. Sixty-seven percent of the billion because of alcoholism. Mr. Speaker, Mr. Tom Carey, who is people who came in through emergency I recently spoke with a former radio a resident of my district in Florida and rooms with high blood alcohol level, talk show host and city council mem- a co-founder of Remove Intoxicated who had been driving, were never ber from Minneapolis. Her name is Bar- Drivers, RID, is with us tonight. Tom charged with drunk driving because bara Carlson. Barbara told me the ab- lost his wife to a drunk driver, and has they were unable to give this informa- solutely heartrending story of a young been an inspiration to those who have tion out. neighbor of hers killed by a drunk driv- lost their loved ones to drunk driving. So, Mr. Speaker, I really recommend er. It had so affected Barbara that she Over the past 4 days MADD held its what the gentleman is saying, that we called her old station and asked for National Youth Summit on Underaged need to educate people that this is a special air time, just to talk about this Drinking right here in Washington, DC. major, major problem in our country. terrible tragedy and the scourge of The event included high school stu- We have young people, I believe it is drunk driving in this country. dents from each of the 435 congres- six young people a day, who die on our Mr. Speaker, Barbara Carlson put it sional districts across the country. highways in alcohol-related accidents. best when she said we will never reduce These students joined together to de- So I am hoping this study will show the 17,000 deaths that occurred last velop creative approaches to fight that where we can have emergency year alone in alcohol-related crashes drunk driving. This afternoon the stu- room personnel involved with the law unless and until we address the root dents who attended the summit met enforcement to let people know, let law cause of alcoholism. That is why we with Members of Congress and their enforcement know that there has been are introducing this legislation to cre- staffs to share their suggestions. I am alcohol involved in an accident, we ate a national commission on alcohol- particularly proud to see students in- may be able to reduce this tremendous ism, to develop a practical, achievable volved in such a noble cause, and I am carnage on our highways. public policy to deal with this costly, convinced that their efforts this past I really thank the gentleman for fatal disease. Mr. Speaker, we need a weekend will go a long way towards holding this special order, because it is, national strategy. To deal with illegal saving lives. obviously, a major health problem in drugs, we have the Office of Drug Con- Mr. Speaker, I yield to the gentle- our country. trol Policy. We do not have a concerted woman from New York [Mrs. LOWEY]. Mr. BILIRAKIS. Mr. Speaker, I national effort to deal with our No. 1 Mrs. LOWEY. Mr. Speaker, I want to thank the gentlewoman for her in- killer, alcoholism. thank my colleague, the gentleman volvement in this and in so many other Let me just explain this bill very from Florida [Mr. BILIRAKIS], for co- issues. She has just been so stellar on briefly, Mr. Speaker. This bill, H.R. ordinating this very important discus- my Subcommittee on Health on all is- 1549, would establish the Harold sion on the problem of drunk driving in sues, particularly preventive health Hughes-Bill Emerson Commission on America. care. That is basically what we are Alcoholism, named after two excep- As the House sponsor of the 1995 zero talking about here, preventive, the tional public servants who everyone in tolerance law for underage drunk driv- education that goes along with us. I this body knows and who passed away ing and the current cosponsor of two thank the gentlewoman for joining us. last year; Harold Hughes, a very distin- pieces of legislation that will strength- Mr. Speaker, in 1995, more than 17,000 guished Democrat Governor and former en our Nation’s drunk driving laws, I people were killed in alcohol-related U.S. Senator from Iowa, and Bill Emer- wholeheartedly agree that Congress traffic crashes, including 2,206 youths. son, a colleague of ours, a Republican must focus more attention on this Mothers Against Drunk Driving, member from Missouri. Both men were issue. As we heard tonight, drunk driv- MADD, and many other important or- passionate advocates in the struggle ing fatalities are on the rise for the H2572 CONGRESSIONAL RECORD — HOUSE May 13, 1997 first time in a decade. In 1995, the year Why should we lower the DWI stand- soldiers in this battle. These coura- for which most of the recent statistics ard to .08? First, .08 is a level of intoxi- geous women have vowed to make are available, more than 17,000 Ameri- cation at which critical driving skills something good come out of a tragic cans were killed in alcohol-related are impaired for the vast majority of loss of a child to a drunk driver. traffic fatalities. drivers. One of those mothers, Mary Aller, is The sad reality is that our drunk Second, the risk of a crash increases a constituent from Mamaroneck, NY, driving laws have failed thousands of substantially at .08 and above. In fact, whose 15-year-old daughter, Karen, was families across the Nation. Our crimi- a driver with .08 BAC is 16 times more killed by a drunk driver in 1991 who nal justice system has been too lax for likely to be in a fatal crash than a spent only a few months in jail. Mary too long on drunk drivers. In fact, im- driver with no alcohol in his system. went on to establish the Westchester paired driving is the most frequently Third, Americans overwhelmingly County chapter of MADD. She is truly committed violent crime in America. agree that you should not drive after an inspiration to us all. That is an outrage. A license to drive three or four drinks in one hour on an The evidence, Mr. Speaker, is com- should not be a license to kill. empty stomach, the equivalent of .08 pelling that adopting .08 as the na- Back in 1995, Senator BYRD and I blood alcohol level. tional DWI standard and establishing launched an effort with Mothers Last, but certainly not least, .08 laws mandatory minimum penalties will re- Against Drunk Driving to close a legal save lives. A study of the first five duce the carnage on our Nation’s roads. loophole in 26 States that allowed un- States to enact .08 found that those Our Government has an obligation to derage drivers to drive legally with al- States experienced a 16-percent reduc- act when lives are at stake, and we owe cohol in their system, as long as their tion in fatal crashes involving drivers it to all those mothers to adopt these blood alcohol content did not exceed with a BAC of .08 or higher, and an 18- bills. the State’s legal DWI limit. That loop- percent decrease in fatal crashes in- I thank my colleague for having this hole existed, despite the lethal con- volving drivers with a BAC of .15 or session tonight. I appreciate the oppor- sequences of teenagers who mixed higher. tunity to share some words with you. drinking and driving. In fact, 40 per- Mr. Speaker, I want to commend to b 1715 cent of traffic fatalities, as the gen- all my colleagues’ attention the article tleman knows, involve underage driv- Overall, the study concluded that up ‘‘Drunk Driving Makes a Comeback’’ ers, and they are alcohol-related. to 600 lives would be saved each year from the May edition of Redbook mag- As a result of this law, 39 States have nationwide if every State adopted the azine, and I submit that article for the now adopted zero tolerance laws that .08 standard. Now there are some who RECORD. send a very clear message: If you are are trying to claim that .08 BAC is too [From Redbook, May 1997] under 21, consumption of alcohol com- low a level of intoxication and that our DRUNK DRIVING MAKES A COMEBACK bined with driving will be treated bill will target social drinkers who (By Joey Kennedy) drink in moderation. This could not be under State law as driving while in- Anyone who knew Dana Ogletree knew he toxicated, end of story. These laws further from the truth. It takes a lot of was a devoted father. Whether the 36-year- have saved hundreds of lives across the alcohol to reach .08 BAC. old Brooks, Georgia, resident was fishing country, and I am very hopeful that all According to the National Highway with his five children, taking them to the 50 States will make zero tolerance the Traffic Safety Association, a 170-pound Six Flags amusement park, or going to car law of the land. man with an average metabolism races with his only son, Dana Jr., he was in- Zero tolerance was an important vic- would reach .08 only after consuming volved with his family. But today Shandra tory in our war on drunk driving, but four drinks in 1 hour on an empty Ogletree, 37, is raising her children (now ages we must do more, much more. That is stomach. A 137-pound woman with an 10 to 20) alone. On December 20, 1995, as Dana was riding to work with a coworker, the car why Senator FRANK LAUTENBERG, Sen- average metabolism would need three was struck broadside by a 17-year-old boy ator MIKE DEWINE and I have joined drinks in an hour to reach that level. who had been drinking and also smoking Mothers Against Drunk Driving, high- We should keep in mind that if you marijuana. Dana died the following morning, way safety advocates, law enforcement have any food in your stomach or you after emergency surgery. Also killed were groups, drunk driving victims, in intro- snack while you are drinking, you his coworker, David Harris, and the three ducing two important pieces of legisla- could drink even more if you choose young children of David’s fiance´e, whom he tion to strengthen our Nation’s drunk and not reach .08. That is a lot of liq- was going to drop off at their father’s. uor. In addition to lowering the legal ‘‘It has been hard,’’ Shandra Ogletree ad- driving laws. mits. ‘‘We think of all the things Dana won’t Using the proven sanctions methods definition of DWI, we need legislation get to see. The birthdays. The graduations. of the 1984 national minimum drinking to establish mandatory minimum pen- He won’t ever get to walk his daughters age law and the 1995 zero tolerance law, alties to convict drunk drivers and down the aisle. And my son won’t get to have these bills will compel States to lower keep them off our roads. We must stop man-to-man talks with his dad.’’ She is also the legal level of driving while intoxi- slapping drunk drivers on the wrist and bitter that the driver received a prison term cated to a more reasonable level, and start taking their hands off the wheel. of only ten years—‘‘though he killed five strengthen penalties for repeat drunk That is why The Deadly Driver Re- people.’’ Meanwhile, Shandra notes, ‘‘I lost drivers. duction Act will require States to man- my busband of 19 years, my high school sweetheart. And my children lost a wonder- Mr. Speaker, more than 3,700 Ameri- date a 6-month revocation for the first ful father.’’ cans were killed in 1995 by drivers with DWI conviction, a 1-year revocation for Dana Ogletree was one of 17,274 people who blood alcohol concentration below .1. two alcohol-related convictions, and a died in alcohol-related traffic crashes in 1995, This is the legal definition of driving permanent license revocation for three the last year for which statistics are avail- while intoxicated in 36 States. In rec- alcohol-related offenses. able. Each of those deaths represents a ca- ognition of this problem, 14 States, in- Studies by the National Highway tastrophe for another American family. cluding Florida, California, Virginia, Traffic Safety Administration show What’s shocking to many is that the figure and Illinois, have adopted laws lower- that about one-third of all the drivers also represents, for the first time in almost a decade, an increase in the number of ing the DWI level to .08. The .08 laws arrested or convicted of DWI each year drunk-driving fatalities compared to the pre- have also been adopted by many indus- are repeat offenders. Drivers with prior ceding year. The long national campaign trialized nations. Lowering the DWI DWI convictions are also more likely against drunk driving has stalled, it seems. level to .08 is supported by the Amer- to be involved in fatal crashes. This While deaths from drunk driving are up, ican Automobile Association, the Na- second piece of legislation will close fund-raising for Mothers Against Drunk tional Sheriffs Association, the Inter- the loopholes in State laws that too Driving (MADD) is down, as is the amount of national Association of Chiefs of Po- often allow convicted drunks drivers to media coverage given to the drunk-driving lice, the National Highway Traffic get right back behind the wheel. issue. Efforts to lower the legal blood alcohol concentration from .10 to .08 percent con- Safety Administration, and our Na- Mr. Speaker, last Friday at the Na- tinue to founder in many states, thanks to tion’s largest insurance companies. tional Press Club, Redbook magazine vigorous lobbying by the liquor and hospi- The American Medical Association and Mothers Against Drunk Driving tality (restaurant and bar) industries. Na- even recommends .05 DWI. honored five mothers who are the foot tionwide, the number of arrests for driving May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2573 while intoxicated went down from 1.8 million ‘‘Employers should make it clear that drink- As advocates for a variety of causes, from in 1990 to 1.4 million in 1995. ing and driving is not acceptable.’’ Better breast cancer research to recycling, have dis- Despite these discouraging facts, the anti- yet, employers could refer at-risk workers to covered, those who want coverage for their drunk-driving campaign—begun by MADD in counseling programs—so long as local com- message must find ways to make it feel 1980 and joined by legislators, the law en- munities cooperate by making such pro- fresh. Dr. Winsten thinks that, for drunk forcement community, and other public safe- grams readily available. driving, a debate over ‘‘social host respon- ty groups—can look back on notable suc- The best way to reach at-risk men may be sibility’’ might serve that purpose. ‘‘Should cesses. Public awareness of the issue has dra- through their wives or girlfriends. Focus you be liable for a civil lawsuit if your party matically improved. ‘‘There was a time when groups have found that men aged 21 to 34 are guest kills someone on the way home, as is drunk driving was treated pretty much as a more likely to be influenced on the drinking- already the case in some states?’’ he asks. joke, like some kid caught with his hand in and-driving issue by the women in their lives ‘‘People disagree on this issue, but it doesn’t the cookie jar,’’ says Dwight B. Heath, than by public service announcements, bar- matter as long as the issue of drunk driving Ph.D., an anthropologist at Brown Univer- tenders, or male friends, according to Bob is being discussed.’’ sity who studies behavior related to alcohol. Shearouse, national director of public policy One of the ways MADD will bid for a higher ‘‘Not anymore.’’ Efforts by MADD and others at MADD. Experts are unsure how to trans- profile this year is to focus on drinking by have led to raising the minimum drinking late this finding into a public-awareness people under age 21. ‘‘Our current environ- age to 21 and to so-called zero-tolerance laws campaign, however. The Harvard study on ment makes it acceptable for underage peo- that punish underage drinkers who are at-risk men found that some of their wives ple to drink, to walk into a store and buy caught driving with any alcohol content in and girlfriends ‘‘described fear of verbal or liquor even though it’s illegal,’’ Prescott their blood. ‘‘You’ve heard so much about even physical retribution’’ for trying to stop says. ‘‘We think this youth initiative will drunk driving that there is a perception that drinking-and-driving behavior. ‘‘For the un- get the public’s attention. Underage drink- it’s a problem either fixed or almost fixed,’’ lucky woman involved with a man who has a ing has to be dealt with by communities, says Katherine Prescott, national president tendency to be violent, especially after schools, churches, and homes.’’ MADD will of MADD. drinking, intervening could be dangerous,’’ kick off its effort this month by hosting a But the problem is not fixed, as so many note MADD’s Prescott. ‘‘You have to be National Youth Summit on Underage Drink- families can attest. In fact, 41 percent of all careful about advising women to do that.’’ ing in Washington, D.C. Student delegates traffic fatalities involve alcohol. While the LET THE MEDIA SEND THE MESSAGE from each of the nation’s 435 congressional anti-drunk-driving message has clearly got- While a certain segment of males may be districts will discuss possible solutions to ten through to many Americans (see the most likely to drink and drive, they ob- the underage-drinking problem and deliver Redbook’s national survey, page 93), thou- viously aren’t the only culprits; the gospel recommendations to members of Congress. sands of husbands, wives, and children are about drunk driving must be preached to ev- And in June, the National Highway Traffic still being killed by those who party hard erybody. And Jay Winsten, Ph.D., director of Safety Administration hopes to stir public and get behind the wheel. ‘‘There’s still a the Center for Health Communication at the debate when it launches Partners in segment of our population that thinks it’s Harvard School of Public Health, says the Progress, an ambitious program that has perfectly appropriate when you drink, to message is fading and deaths are up for one brought together numerous groups to de- drink all you can,’’ says Susan Herbel, Ph.D., reason: ‘‘The mass media is paying far less velop strategies to curtail drunk driving. vice president of the National Commission attention to this problem than it was several Their goal: to reduce yearly alcohol-related Against Drunk Driving. Researchers who years ago.’’ fatalities to no more than 11,000 by the year conducted a recent large-scale national sur- Since the issue of drunk driving was widely 2005. covered in the eighties and early nineties, it vey of drinking-and-driving behavior esti- TAKE ON THE ALCOHOL LOBBYISTS stands to reason that there would be fewer mated that there were 123 million incidents Anti-drunk-driving advocates have also of drunk driving in the U.S. in 1993. news stories on the issue now. After all, why should journalists report on a story that al- been tangling with the liquor and hospitality Is there any way to jolt legislators and the industries over the issue of lowering the public out of their complacency, make drunk ready feels familiar to much of the public? Because doing so saves lives, Dr. Winsten legal blood alcohol concentration limit from driving a hot issue again—and make the .10 to .08 percent, an effort that has thus far roads safer for our families? Anti-drunk-driv- says. He cites a period of high media atten- tion in 1983 and 1984—a time when MADD been successful in only 14 states (see ‘‘How ing advocates are urging action on a number to Save Hundreds of Lives This year,’’ page of fronts. was fresh on the national scene—that was ac- companied by a drop in alcohol-related 92). In practical terms, .08 means that an av- GET THROUGH TO THE GUYS deaths. In 1986, Dr. Winsten says, deaths erage 160-pound man can still have four If drunk driving is, as MADD says, a ‘‘vio- went up and remained fairly level until 1988, drinks in one hour on an empty stomach be- lent crime,’’ then who is committing it? when the Harvard School of Public Health fore he would reach the legal limit for driv- Says Dr. Herbel, ‘‘Drunk driving is very recruited the entertainment industry to help ing—a level that seems surprisingly lenient much a male problem.’’ Men are four times promote the notion of the designated driver to many people. Dr. Herbel says the liquor more likely than women to drive after (an idea imported from Scandinavia). During and hospitality industries are fighting hard they’ve been drinking, one study found. And the next four television seasons, more than against the .08 limit because they see it as a the segment of the population most likely to 160 episodes of prime-time shows, including step toward zero tolerance—that is, making drink and drive is made up of white males Cheers, L.A. Law, and The Cosby Show, fea- illegal any amount of alcohol in the blood- between the ages of 21 and 34, in blue-collar tured designated drivers in some way, and stream of someone who is driving—which jobs, with a high school education or less, ac- networks sponsored public-service announce- could, obviously, have a big impact on their cording to a study by the Harvard School of ments. The result? A 26 percent decline in businesses. ‘‘Those industries believe that, as Public Health. drunk-driving fatalities over that four-year soon as .08 passes in all states, somebody will How to stop them? Strict law enforce- period. start a movement for .06 or .04,’’ says Dr. ment—sobriety check-points, saturation pa- ‘‘These days, we’re getting designated-driv- Herbel. trols by police departments—does change er mentions in about a half dozen episodes While that battle is being waged, anti- drinking-and-driving behavior in the short per season,’’ says Dr. Winsten. ‘‘The public drunk-driving advocates are pursuing other term. But Dr. Herbel points out that these has bought the concept of the designated legislative remedies: the Crime Victims’ Bill efforts require a huge commitment of re- driver, but they have to make the decision to of Rights, sponsored by Senator Dianne sources by state and local police, and their use it over and over and over again. And they Feinstein (D–CA), which would ensure that effects taper off unless they are kept up con- rely in part on cures and reminders from the victims of all kinds of crime, including sistently. media.’’ drunk driving, have certain basic rights; and ‘‘There are those who feel you can rely on MADD’s Prescott acknowledges that her the Deadly Driver Reduction Act, which enforcing laws to solve the drunk-driving organization is no longer a ‘‘hot topic’’ with would entail license revocation for drunk- problem, but I don’t agree with that,’’ she the media. ‘‘It’s as though our having becom- driving offenders. says. ‘‘Until drunk driving gets to be a be- ing credible and being successful hasn’t The boy who killed Dana Ogletree was an havior that is just not socially acceptable, helped us with the media. Now, we’re like all underage drinker. ‘‘Where did he get that we’re not going to stop it.’’ Dr. Herbel be- the other charities.’’ Further crowding beer?’’ asks Shandra Ogletree, angry that lieves the anti-drunk-driving message should MADD’s issue are major news stories that the details haven’t come out. ‘‘Did someone be modeled after the antismoking campaign, thrust other worthy causes, such as car-air- sell it to him? Or did he have an older friend with its many community-awareness pro- bag safety, into the spotlight. ‘‘That’s been a buy it for him?’’ grams and education efforts that start in major topic of conversation in Washington. Until everyone who might be responsible grade school. Now, the last thing I want to do is offend for a drunk-driving accident—not only the Employers could play a role as well anyone who has lost a child,’’ emphasizes drinker, but store clerks, friends—recognizes through education efforts and even spot- Prescott, who herself lost a son to drunk his or her role, the problem won’t be solved, checks of the status of employees’ drivers’ li- driving. ‘‘But we’re talking about a dozen Shandra argues. And thousands of families censes. ‘‘The men who are most likely to deaths in 1995, when we know that more than will continue to suffer the consequences. drink and drive usually work, and their jobs 17,000 people died in 1995 because of drunk Mr. BILIRAKIS. Mr. Speaker, I are important to them,’’ Dr. Herbel says. driving.’’ thank the gentlewoman for sharing in H2574 CONGRESSIONAL RECORD — HOUSE May 13, 1997 this very important special order and past Sunday, for example, my wife and It turns out that the driver had a for all of her work and research and the daughter and I ran in a MADD-DASH, a number of accidents since 1982, several study on this subject. We oftentimes 5-mile benefit run near Highway 154, DUI’s, no license, and no insurance. ask ourselves, what is the proper role the very road on which our accident oc- But none of that stopped him from of Government? Certainly, we on this curred. driving that night. In January of 1997, level have not really done enough on Congress can pass important laws on the driver was sentenced to 40 years, 40 this subject, and we need to continue this subject. We can pass laws on the years in prison, but not before the to look at it and do more. drinking age, on alcohol accessibility, Nicola family had to endure an entire Mr. Speaker, I recognize the gen- on alcohol advertising. But only when year without justice. tleman from California [Mr. CAPPS]. our young people are fully engaged in Today the Nicola family, John, Mr. CAPPS. Mr. Speaker, I thank the the battle themselves will we have a Monica, and Danielle, reside in gentleman for yielding, and I certainly chance to succeed. Pinellas County, FL, my county. The want to commend him for holding this I commend Mothers Against Drunk Nicolas are not alone in their suffering, very important special order to call at- Driving and all those who worked to but their story is so very important for tention to the problems of underage make this week’s summit a reality and all of us to hear. It awakens us to the drinking and drunk driving. for putting together innovative events fact that there are real people behind Mr. Speaker, few tragedies bring as in our districts. the statistics we hear so often. much pain to families and commu- Mr. Speaker, I know my colleagues Drunk driving knows no social or nities as fatal accidents caused by on the floor this evening all join me in economic boundaries. Indeed, I am sure drunk driving, especially when young pledging to work toward the day when that we all know, as I said earlier, of a people are involved. The community of our communities will no longer suffer relative, friend, or celebrity who at one Santa Barbara, which I am very proud the heartbreaking pain brought on by time or another got behind the wheel to represent, was struck by this plague drunk driving accidents that claim the of a car after one too many drinks. over the weekend when 3 college stu- lives of young people and too many of Many Floridians may recall the story dents were killed when their truck our citizens. of Olympic diver Bruce Kimball and veered off Gibraltar Mountain road. Mr. Speaker, I thank the gentleman the night he killed two teenagers in Alcohol was a factor in this accident, for the leadership he is giving to this Brandon, FL. Ironically, Bruce Kimball and all 3 were under the legal drinking effort. has experienced both sides of a drunk age. My heart truly goes out to the Mr. BILIRAKIS. Mr. Speaker, I driving collision, first as the victim grieving family and to the friends of thank the gentleman for sharing his and then as the offender. For those of you who are not familiar these young people, many of whom I own personal story with us. I am not with this story, let me take a few min- know personally. Nothing that we can sure that there are too many Members utes to review this tragic story. Bruce say or do today will bring them back, of Congress who do not have similar Kimball won a silver medal in diving at but we must all try to learn important stories to tell either about close friends the 1984 Summer Olympics. Just prior lessons from this terrible loss of life. or family members. to the 1988 Olympics, he had a few Mr. Speaker, it is sometimes useful Mr. Speaker, Mothers Against Drunk drinks and got in his car to drive. The for us in Congress to share personal Driving should also be commended for Houston Chronicle wrote an article on stories from our own lives in order to the Youth in Action Campaign, which Bruce in October of 1994 which recounts advance important policy objectives. is dedicated to educating students his story. To paraphrase the Chronicle, The issue of drunk driving has had a about the dangers of drinking and driv- his father Dick was, and still is, the profoundly personal impact on my own ing. I mentioned a statistic earlier that diving coach at Michigan, and so Bruce life. On May 23, I will commemorate more than 17,000 individuals died in Kimball gravitated naturally to that 1995 from alcohol-related crashes. It is the 1-year anniversary of a horrible car sport. Bruce blossomed quickly, even- all too easy for us to forget that this accident that nearly claimed my life tually winning 14 Junior Olympic na- number is not just a statistic. These and the life of my beloved wife Lois. tional titles, and at 17 stamped himself Returning home from a campaign ap- were 17,000 people who also had stories. as one of this country’s top prospects pearance, our car was struck by a They had families and friends who with a fifth-place finish at the 1980 drunk driver. I had to be cut from the cared for them and loved them dearly. Olympic trials. The following October, One of those stories happened in wreckage with the ‘‘jaws of life.’’ I suf- as he was driving friends home, his van Spring Hill, FL. On December 22, 1995, fered serious injuries that required sur- was hit head on by a drunk driver and gery and months of rehabilitation. This Monica Nicola and her 2 daughters suddenly Bruce was fighting not only coming week, next week, my family Danielle, 9 years old, and Stephanie, 8 for his future, but for his life as well. and friends will gather together for a years old, went to the mall to have His skull was cracked. Every bone in celebration of gratitude for all those their pictures taken with Santa Claus. his face was broken. His spleen was who saved us, helped us heal, brought After having their pictures taken, ruptured. His liver was lacerated. His us back to life. Monica was driving her daughters left leg was broken. His bleeding was I will always be grateful to the po- home when a van in front of her car torrential, and 14 hours of reconstruc- lice, to the rescue personnel, to the suddenly swerved. By the time Monica tive surgery was needed to put him doctors, the nurses, the physical thera- realized that the van was swerving, it back together. pists, family, and others who brought was too late to react. A car had crossed Yet, a mere 9 months later, he re- us back to life. Without them, I would the centerline, missed the van and hit turned to diving. He was often referred never be standing here in this great Monica’s car head on. to as ‘‘the Comeback Kid.’’ And when Chamber this evening. When she regained consciousness, he won a silver medal in platform div- But tragically, many families are not Monica realized that she had a broken ing at the 1984 Games of Los Angeles, as fortunate as we were. And that is leg. She could see Danielle, who suf- he stood as a true profile in courage. why it is so important to convene fered a broken arm and bruises, but she As he trained in Florida for the 1988 events like MADD National Youth could not see 8-year-old Stephanie. Olympic trials, he was still considered Summit. This week, hundreds of young Stephanie was pinned down, out of the second best diver in the world. people, including Amy Yglesias from sight, and died immediately at the Those trials were less than 3 weeks Santa Maria, CA, which I am also very scene. away on the night of August 1, when proud to represent, have come to this Stephanie was not the only one who Bruce Kimball roared down a dark and Nation’s capital for this unprecedented tragically lost her life in a terrible ac- narrow street in Brandon behind the summit meeting. Here, they will dis- cident. A passenger who was riding wheel of a speeding sports car. cuss and develop solutions to the prob- with the drunk driver also died. Monica About 30 teenagers were gathered at lems of underage drinking and drunk and the man who caused the accident the end of that dead-end street in a driving. were airlifted to the hospital together. place they called the spot, and in an in- Back home in our district, MADD is The man’s breath smelled so strongly stant Kimball plowed into them, kill- also sponsoring important events. This of alcohol that it was overpowering. ing 2 of them and injuring 4 others. His May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2575 blood alcohol level, a prosecutor later However, Mr. Speaker, I am con- pening. I am happy to join the gen- claimed, was .2, which was twice the vinced that the most significant ac- tleman and to thank him for his ef- legal limit under Florida law. His speed complishment by drunk driving oppo- forts. at impact was estimated at 75 miles per nents has been, as mentioned earlier, Mr. BILIRAKIS. Mr. Speaker, I hour. the nationwide awareness and accept- thank the gentleman from Ohio, who is Kimball was sentenced to 17 years in ance that drinking and driving is a se- a very busy and active member of my prison, but in November 1993, after un- rious problem. I want to commend all Committee on Commerce. And I also dergoing extensive drug and alcohol re- of those who have given their time and thank the gentleman for reminding us habilitation at four different Florida energy to make this cause very worth- that this is prom season. We have institutions, he was released after serv- while. talked about MADD and SADD and ing 5 years. After being released, Bruce Mr. Speaker, we must continue our RID and CADD, et cetera. There are started a part-time job in a Chicago fight to end this terrible problem other organizations out there that high school coaching diving. Two times which affects so very many of us. We in have helped. But one of the things that Bruce Kimball has had the opportunity Congress have a moral obligation to has really pleased me is for instance to rebuild his life. Unfortunately, the join together with grassroots organiza- Busch Gardens down in Tampa, FL, and victims of this tragedy will never have tions in raising the awareness about so many other private entities, if you that chance. the dangers of drunk driving. I thank will, have gotten really involved and Mr. Speaker, the stories about Steph- my colleagues for joining me in this have invited the young people into anie Nicola and Bruce Kimball remind special order to strengthen our com- their facilities during this period of us that drunk driving can affect any- mitment and resolve to keep our Na- time so that they can have a good time one’s life. Yet, what is most unfortu- tion’s roads safe from drunk drivers. and not have to travel long distances nate is that these terrible events did I have a number of facts here. I call and go from one location to another for not have to occur. They could have it the Fact Sheet on Alcohol-Impaired their proms. All of that is helping. Of been avoided had the drivers taken re- Driving. This is from the Centers for course what we do here is going to be sponsibility for themselves and not Disease Control, dated May 13, 1997. I of great help, too. I thank the gen- driven their cars while impaired. am going to submit that as a part of tleman. These drunk drivers are not evil peo- the RECORD in the interest of time here Mr. Speaker, I yield to the gentleman ple, Mr. Speaker. They are just irre- this evening. from Indiana [Mr. SOUDER]. sponsible. They go out on the town to Mr. Speaker, I yield to the gentleman Mr. SOUDER. Mr. Speaker, I appre- have fun. They have a few too many from Ohio [Mr. STRICKLAND]. ciate the gentleman’s leadership on drinks and, believing that they are Mr. STRICKLAND. Mr. Speaker, I this issue. In addition to commenting okay to drive, turn the ignition on and thank the gentleman for yielding to on this, there is another related matter zoom off. me. I am happy to join the gentleman I want to raise tonight. I appreciate b 1930 tonight. I want to thank him for tak- the gentleman yielding some time. If they are lucky, they make it home. ing the time and the effort to bring I met earlier today with Michael But all too often something terrible this critical problem to our awareness. Larrance from Hamilton High School happens, someone gets hurt or, even Young people unfortunately often- in my district who is out here for the worse, someone gets killed. times do not plan ahead as they should. conference. He has formed a group at Last week a North Carolina jury held They sometimes act impulsively when his high school of students who are a drunk driver Thomas Jones to the they should not. As I have visited committed not only to trying to com- highest level of accountability for kill- many high schools in my district, re- bat alcohol abuse but also drug abuse, ing two Wake Forest University stu- cently have been encouraged to see teen pregnancy and other issues and dents. The jury sentenced Mr. Jones to banners decorating the hallways and the need to stress abstinence in these life in prison for his actions. the lobby areas reminding young peo- areas. I believe that this verdict, Mr. ple that, as prom season approaches, I worked recently to put together a Speaker, is evidence that Americans this is a very critical time. It is a time play that he has taken to other are no longer willing to tolerate this when they need to be sensitized to the schools, too, to try to address this. I type of irresponsible behavior. dangers of drinking and driving. think it is very important that we en- Much of this change in attitude is in I would like to say that I am encour- courage efforts among the students large part due to the grassroots organi- aged as I have seen high schools espe- themselves to combat this. Having a zations throughout the United States cially making special efforts to see son 17 who is a junior in high school which have taken the lead in educating that prom night is a time of safety as and a daughter who is 19, I am very students and parents about the dangers well as entertainment and enjoyment concerned when they have hit prom of drinking and driving. Groups like for our young people. And they have season and a lot of the spring seasons MADD, CADD, SADD, and RID have done that by not only trying to educate and the various trips that they go on, made tremendous progress in promot- the young people regarding the dangers about what they and their friends, and ing responsibility and raising aware- of drinking and driving but also mak- you always worry about who they are ness about the dangers of drunk driv- ing after-prom activities available riding with, not only their behavior. ing. These grassroots organizations which in some cases last all night in a I also know that my friend, Senator have pushed for legislative changes re- safe and secure and well-supervised set- Tom Wyss, in Indiana has been battling garding drunk driving. ting. hard with open container laws and var- In my home State of Florida, they I think the gentleman is right. The ious things in Indiana that have been played an integral role in lowering the greatest effort that we can make in huge fights because there is a lot of legal blood alcohol content from .10 to terms of keeping our young people safe money that goes into trying to keep us .08. According to the Centers for Dis- during this prom season is to educate from putting difficult standards on. ease Control, States that have lowered them to the dangers and then to take But the zero tolerance type of policies the legal blood alcohol content to .08 those steps necessary to make sure a lot of schools are putting in, efforts have experienced a significant decline that their activities are well super- of police forces to crack down on this, in the proportion of fatal crashes rel- vised. Nearly every year in my State of is not only good for our kids but for the ative to other States which have not Ohio, we read some tragic story about rest of us. It is frightening to think of adopted these laws. young people who have gone to the somebody who is alcohol drenched or Other examples of success by grass- prom and then had a tragic accident. I drug crazed driving down the highway, roots campaigns in Florida during the am hopeful that this year in my State and you are minding your own business past 10 years include raising the legal and in my district as well as across the and all of a sudden your life is taken drinking limit to 21 years of age and country that the efforts that the gen- out of your hands because of someone instituting mandatory license revoca- tleman and others are making to raise else’s behavior. tion for anyone caught drinking and this issue in terms of public awareness One of the things I visited over 20 driving. will prevent such a tragedy from hap- years in the last 6 months, talking H2576 CONGRESSIONAL RECORD — HOUSE May 13, 1997 about particularly narcotics abuse but this opportunity to come down and say For the past few years, I have stood on the including alcohol and tobacco abuse, that sometimes we only talk about steps of the Somerset County Courthouse in a and one of the things that I have be- marijuana and cocaine, and we forget candlelight vigil as the names of victims of come concerned with is a bill that we that alcohol is the No. 1 problem drunk driving are read. I pray that next year are dealing with later this week re- among teens. But we also need to un- fewer names are read off. garding narcotics. I am afraid and I am derstand as a Nation that these things We are all probably aware of the tremen- sorry to announce this, but apparently are closely interrelated, and abusers of dous peer pressure that so many young peo- our war against drugs is over. That is one are abusers of another. We need to ple face today. But this week, students from the good news. Unfortunately, if this send a clear, concise, consistent mes- across the country gathered in Washington for bill we are working on later this week sage across the board that we stand the National Youth Summit To Prevent Under- on international issues survives the against this abuse. It is critical for our age Drinking. These students discussed ideas legislative process, the drug producers country, for the future of our young and made recommendations to curb this prob- and the drug shippers will have won in- people. It is important in our inter- lem. stead of our Nation, because we are national policy. We cannot send our The idea of students and elected officials now going to give up the current drug children the message that money is working together to tackle this problem has certification process. more important to us than our lives been very successful in Somerset County, NJ. Many Americans will wonder what I and safety and their own character de- While serving as a Somerset County am talking about. Section 490 of H.R. velopment which gets impaired when freeholder, I helped form the Somerset County 1486 ends, repeat, kills off provisions in you use any kind of narcotics, whether Youth Council in which I asked local school current law which require the Presi- it is alcohol, marijuana, cocaine, her- principals to recommend young people to dent to certify to Congress if a country oin. come together and form a council to advise produces illegal drugs or ships them to I know in Florida we have had an the local elected officials about the pressures kill U.S. children. In place of the cur- outburst of the heroin problem, too. We facing our youth and strategies for addressing rent law, the bill the House is consider- need to look at all these things. I com- those needs. ing replaces drug certification with a mend the gentleman again tonight for This youth council became involved in a pile of loopholes and exceptions that his efforts on drunk driving and all wide variety of youth related efforts such as are virtually certain to mean no coun- those teens and parents who have been substance abuse prevention ideas, self-es- try, including Mexico, will ever been involved in SADD and MADD and those teem building projects, peer leadership pro- decertified for U.S. foreign aid. who have been particularly affected by grams, and community service and civic Here is what section 490 does. It al- this. Nothing is more tragic than to projects. lows the President to, and I quote, ‘‘to talk with somebody, as we have had in I am also proud to say that I have been in- the extent considered necessary by the all of our districts and all over the volved for a number of years in the 4±H pro- President,’’ end quote, to hold back country, somebody who has lost a life— gram, and have always felt that this program foreign aid or instruct the U.S. rep- lost a mother, a father, or lost one of goes a long way in directing our Nation's resentative at the World Bank to vote their cherished children because some- youth in positive directions. against loans to countries if a series of body could not handle the alcohol and I applaud the efforts of the students that conditions suggested in the legislation somebody was not responsible and be- came to Washington this week. I wish them are violated. cause of that, somebody else is dead. well as they return home to share their efforts Just to be sure that the law is abso- I thank the gentleman for his efforts and recommendations with their classmates lutely weak, the legislation allows the and thank him for yielding me time to- and friends. I also want to call upon the Na- President to ignore even the new and night. tion's elected officials, leaders, teachers, and Mr. BILIRAKIS. Mr. Speaker, I timid standards if acting against a pro- parents to encourage these efforts and pro- thank the gentleman for reminding us drug country, including Mexico, will, vide a positive model for these youngsters. that these drugs, if you will, and alco- and I quote again, ‘‘affect other United Maybe, if we all put our shoulders to the hol are certainly very interrelated. States national interests.’’ same wheel, we can work to create a brighter And our wars, in terms of trying to When I read this provision in the bill, future for America. protect our young people, must include I thought to myself, what a nice gift f this will be for President Clinton’s both drugs as well as alcohol and other weak-on-drugs choice to be U.S. Am- ills that are really out there, so many NAFTA UPDATE bassador to Mexico to take with him. of them. The SPEAKER pro tempore (Mr. I thank the gentleman for his great We are looking at appointing an am- SNOWBARGER). Under the Speaker’s an- work on this subject. nounced policy of January 7, 1997, the bassador to Mexico who believes in so- Mr. PAPPAS. Mr. Speaker, just a few weeks gentlewoman from Ohio [Ms. KAPTUR) called medicinal use of marijuana. ago, several of my colleagues and I came to is recognized for 60 minutes as the des- There is no medicinal use of marijuana. the floor to discuss the increasingly growing There is a medicinal use of THC, ignee of the minority leader. problem of juvenile crime in our Nation. All too which is found in other drugs. It is a Ms. KAPTUR. Mr. Speaker, I am many of the stories and statistics that I heard back-door effort to legalize drugs. If pleased to be the first speaker this my colleagues discuss stemmed from alcohol evening in a special order devoted to the policy of the Congress is not to abuse. stand up when we send an ambassador Alcohol abuse among our Nation's youth the North American Free Trade Agree- to Mexico who is supporting back-door has indeed become a very serious problem. ment, NAFTA. Tonight we are going to legalization and we take out the drug According to a recent Washington Post-ABC talk about, since the agreement was certification process, what message is News survey of teens and parents, alcohol signed and passed over the objections this to the kids? We are telling them abuse was identified as the biggest drug prob- of many, many of us here in the House, on one hand, do not drink, do not do lem facing young people today. I have also passed in January 1994, what have been drugs. On the other hand, what we are seen several studies and reports that reveal the repercussions in our country and saying is, if trade is more important that possibly more than half of the country's what have been the repercussions in and all of us, and I know in Florida it population that is over the age of 12 is cur- the other two nations on the continent, is important, in Indiana it is increas- rently using alcohol. Canada and Mexico, that are partici- ingly important. Nobody is saying that Let me just repeat that: more than 50 per- pating in this agreement with us? trade is not important, nobody is say- cent of the Nation's teenagers use alcohol. This past week we saw our President ing we do not have huge immigration We are talking about 8th, 9th, and 10th grad- travel to Mexico and to other nations questions to deal with. At the same ers. of Latin America to promote addi- time, we cannot be so concerned about Among other things, this is the same age tional nations being added to the risking some trade or irritation as we when many young people are first learning to NAFTA accord. And the question many work through this that we back off our drive. Simply stated, the two do not mix. We of us have in the Congress today is, focus on the drug war. cannot begin to tackle the problems of drunk based on the results of the existing So I hope to have more to say on this driving without at the same time addressing NAFTA, the flaws inherent in that later this week. But I wanted to take underage drinking. agreement, why would anyone want to May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2577 expand NAFTA rather than fixing the countryside and the body bags came A total of almost 2,000 American jobs agreement we have now? home and they tried to hide them in have been lost just since December of Since NAFTA’s passage, the United the hangars at the various bases 1995—she says 2,000 jobs just in this one States has not exported more than it around our Nation until it began to be company, in the Lee Apparel Co.—in- has imported from either Mexico or reported on the evening news. Well, my cluding the closing of the St. Joseph, Canada. In fact, we have now racked up friends there are NAFTA casualties MO, plant; Fayetteville, TN; Seymour, trade deficits annually with Mexico to- and nobody wants to talk about it. But MO; Dalton, GA; Bayou La Batre, AL; taling $16 to $18 billion a year, and we are going to talk about it tonight. and the downsizing of jobs in the Win- with Canada $20 billion a year. If each One of the casualties is a woman that ston-Salem, NC, plant. The other billion dollars translates into lost jobs I have had the pleasure of only talking plants now working are in danger of in this country and we have racked up with on the telephone and correspond- losing their jobs to foreign countries on average $40 billion in trade deficit ing with in the mail, and I want to use and live in constant threat of plant clo- every year since NAFTA’s passage, how her as my example and I want to tell sure. When will it stop? can the overall agreement be working my colleagues her story because it is I believe that the Government rep- to the advantage of our Nation and its repeated from coast to coast. Her name resentatives of this country have al- workers? is Wanda Napier. She is a resident of lowed this to happen by passing the the State of Missouri. She lives in b 1945 trade agreements such as NAFTA and Marshfield, and I want to read into the GATT. Even though most will tell me If we think about it, with our econ- RECORD a letter that she recently that these trade agreements will be omy on the rebound and holding its wrote me. better in the long run, it does not help own, without NAFTA we would be She wrote me after she became frus- the 2,000 American workers who lost growing even faster. Because, in fact, trated, and I will read those letters to- their jobs this year from the Lee Ap- NAFTA acts not as a net positive but night, too, in writing to the President parel Co., who need to support and feed as a net negative in terms of job cre- of our country, to her Senators, to her their families. ation and wealth creation in the Unit- representatives at the State level in I believe that when we combine the ed States of America. Missouri, to her Governor, to the De- unconcern of the Government rep- Tonight we want to talk a little bit partment of Labor. And to see the an- resentatives of this country with the about what is happening inside this swers that this woman got from the greed and coldness of the American agreement and the people across our Government officials of her State and corporations such as the Vanity Fair country who are literally the casual- our Nation is truly an embarrassment. Corp., we will continue to have lost Here is what she writes me: ties of NAFTA that are never talked jobs and an increase of American work about in the press, that are not heard Dear Marcie: I am writing concerning the closure of my apparel plant in Sey- given to foreign governments. from, but they number in the thou- The tax dollars generated in the city mour, MO. I called you with my con- sands in our country, and in Mexico of Seymour, in Webster County, in the cerns in January on the North Amer- they number in the millions. State of Missouri, and the United ican Free-Trade Agreement and its But if we look at who the President States, will be lost and services to talked to last week in Mexico, the au- cost of American jobs like mine. This trade agreement has made it easier and those communities decreased due to diences were self-selected. He was lack of funds because of this closure. cordoned off. People were bussed into more profitable for companies such as the Lee Apparel Co. to take American The same will be true in other commu- events. They were told when to cheer, nities that contained Lee apparel even told when to wave flags. jobs to other countries like Mexico. It is my understanding that representa- plants that were closed and the ones But the real people of Mexico, the that will be closed in the future due to peasants who have been uprooted from tives want to extend that agreement to cover other countries as well. But let American work being sent out of the their subsistence farms, the 28,000 busi- United States. nesses in that country that have gone me tell you my story. The Lee Apparel Co., a subsidiary of In a news bulletin dated October 18, belly up, the people whose wages have Vanity Fair Corp., was one of the two 1995, the Vanity Fair Corp. stated, been cut by 70 percent, the President main employers in Seymour, MO. The ‘‘Clearly, though, Vanity Fair remains really did not hold state level meetings employees were hard working people committed to a strong domestic manu- with them. Yet they live on this con- who had helped the Lee Co. through facturing capability that provides tinent, too. And it is really tragic. many hard times. In 1988, we accepted quick response to our retail partners, But in a way I am beginning to see a the Lee COMPETE plan which gave us flexibility to changing product trends pattern here, because the President an immediate cut in pay and tightened and support to the local communities and the supporters of NAFTA will not our incentive rates and made it harder in which we operate.’’ meet with the casualties in our coun- to make a decent living. We took this She says, I guess somewhere along try either. And tonight I want to tell cut to help make the jobs in Seymour the line the Vanity Fair Corp. forgot my friends about one casualty, but more secure. the American community and the there are thousands. In fact, the Fed- But we found out 8 years later on American people to whom they sell eral Government’s Trade Adjustment September 26, 1996, that our hard work their product. Assistance Program for dislocated and willingness to help the Lee Co. Through the closing of these domes- workers has already certified over would be thrown back into our faces by tic plants, many American commu- 125,000 Americans who have managed the Lee Co. sending our jobs to Mexico nities will suffer. Not only the employ- to even find that this program exists. and Costa Rica. By sending our jobs to ees of the closed Lee Apparel plants There are thousands and thousands Mexico, the Vanity Fair Corp., through but also the businesses who rely on the more across our country who do not low wages and corporate greed, have money generated through wages spent. even know if they lose their job be- not even allowed the Mexican people to They will suffer too. That is some com- cause the production has moved to make a living. mitment on behalf of the Vanity Fair Mexico or Canada, we will try to help With one stroke the Vanity Fair Corp. them. Corp., has weakened the American We were told that if your plant must But I want to tell my colleagues economy and depressed the Mexican be closed, this is the best way because about one of their stories, because it is people. I know that the people who of the provision for job training pro- very troubling to me that American worked in the Seymour, MO, plant de- vided by the NAFTA agreement. But in citizens who have been hard-working, serve better. Many of the employees the case of Missouri, this is not proving who have paid their taxes and then get had devoted 5, 10, 20, even 25 or more to be the case. The employees of Sey- hurt because of an action of their gov- years to the Lee Co., and this was their mour are having to fight to get the ernment, become nonentities. They be- reward. We certainly were not making training entitlement under this plan. come faceless people. extremely high wages. The average for Many are having to fight many battles They remind me of the Vietnam war, the last quarter we worked was only with the Employment Security Office when people were being killed in the $7.84 per hour. that approves this training to get the H2578 CONGRESSIONAL RECORD — HOUSE May 13, 1997 high-technology training that is sup- happen by passing the trade agreements such Agreement. America’s continued prosperity posed to lessen the chance of our future as NAFTA and GATT. Even though most will depends, as never before, on our ability to jobs being given to foreign govern- tell me that these trade agreements will be tap growing markets around the world. ments. Not only have we lost our jobs, better in the long run, it does not help the NAFTA represents a great opportunity to 2000 American workers who lost their jobs create new, high-wage jobs here in America but we now must fight our own Govern- this year from the Lee Apparel Company and to improve our ability to compete with ment to get good training. support and feed their families. I believe Asia and Europe. And, as a result of this I don’t know, but doesn’t it seem like that when we combine the unconcern of the agreement, the Mexican and Canadian mar- there should be a better way of doing government representatives of this country kets are beginning to open for the first time things? When will the American Gov- with the greed and coldness of American cor- on a fair and equal basis to U.S. goods and ernment start requiring accountability porations such as the Vanity Fair Corpora- services. More than 2 million American jobs for these trade agreements? When will tion, we will continue to have lost jobs and are supported by exports to Canada and Mex- the American people that they rep- an increase of American work given to for- ico, and that number is growing in large part resent start requiring accountability eign governments. The tax dollars generated due to the NAFTA market-opening provi- sions. for the bills passed by our Govern- in the city of Seymour, Webster County, the State of Missouri, and the United States will Congress passed NAFTA in a historic dem- ment? be lost and services to the communities de- onstration of bipartisan support, and our I hope you will read this letter to creased due to lack of funds because of this country has chosen to compete, not retreat, your fellow Representatives on the closure. The same will be true in the other and to reassert our leadership in the global floor of Congress. Somewhere the sys- communities that contained Lee Apparel economy. I hope you will continue to stay tem has gone against the American plants that were closed and the ones that involved as we work to move our country people and we need help. Thank you for will be closed in the future due to American forward. your time and concern, I appreciate all work being sent out of the United States. Sincerely, Bill Clinton, President of the you have contributed to the American In a news bulletin dated October 18, 1995, United States. the Vanity Fair Corporation stated, ‘‘Clear- THE WHITE HOUSE, worker. ly, though, VF remains committed to a Now I want to put Wanda’s letter in Washington, January 14, 1997. strong domestic manufacturing capability Ms. WANDA J. NAPIER, the RECORD: that provides quick response to our retail Marshfield, MO. JANUARY 12, 1997. partners, flexibility to changing product DEAR WANDA: Thank you for sharing your Congresswoman MARCIE KAPTUR, trends and support to the local communities views about the North American Free Trade State of Ohio, Rayburn Building, Washington, in which we operate.’’ I guess somewhere Agreement. America’s continued prosperity DC. along the line, the VF Corporation forgot the depends, as never before, on our ability to DEAR CONGRESSWOMAN KAPTUR: I am writ- American community and the American peo- tap growing markets around the world. ing concerning the closure of my apparel ple to whom they sell their product. Through NAFTA represents a great opportunity to plant in Seymour, Missouri. I called your the closing of these domestic plants, many create new, high-wage jobs here in America radio program on 1–12–97 with my concerns American communities will suffer. Not only and to improve our ability to compete with on the North American Free Trade Agree- the employees of the closed Lee Apparel Asia and Europe. And, as a result of this ment and its cost of American jobs like plants, but also the businesses who rely on agreement, the Mexican and Canadian mar- mine. This Trade agreement has made it the money generated through wages spent kets are beginning to open for the first time easier and more profitable for companies will suffer. That is some commitment on the on a fair and equal basis to U.S. goods and such as the Lee Apparel Company to take behalf of the Vanity Fair Corporation! services. More than two million American American jobs to other countries like Mex- We were told that if your plant must be jobs are supported by exports to Canada and ico. It is my understanding that representa- closed, this is the best way because of the Mexico, and that number is growing in large tives want to extend that agreement to cover provision for job training provided by the part due to the NAFTA market-opening pro- other countries as well. This is my story: NAFTA agreement. In the case of Missouri, visions. The Lee Apparel Company, a subsidiary of this is not proving to be the case. The em- Congress passed NAFTA in a historic dem- the Vanity Fair Corporation, was one of the ployees of Seymour are having to fight to onstration of bipartisan support, and our two main employers in Seymour, Missouri. get the training entitlement under this plan. country has chosen to compete—not re- The employees were hard working people Many are having to fight many battles with treat—and to reassert our leadership in the who had helped the Lee Company through the Employment Security office that ap- global economy. I hope you will continue to many hard times. In 1988, we accepted the proves this training to get the high-tech stay involved as we work to move our coun- Lee COMPETE plan which gave us an imme- training that is supposed to lessen the try forward. diate cut in pay and tightened our incentive chance of our future jobs being given to for- Sincerely, rates and made it harder to make a decent eign governments. Not only have we lost our BILL CLINTON. living. We took this cut to help make the jobs, but now we must fight our own govern- jobs in Seymour more secure. ment to get good training. Now, Wanda also wrote her Senators, We found out on September 26, 1996 that I don’t know, but doesn’t it seem like there and I am going to read the answer that our hard work and willingness to help the should be a better way of doing things? When she got, and we wonder why the Amer- Lee Company would be thrown back into our will the American government start requir- ican people stop voting, because no- faces by the Lee Company sending our jobs ing accountability for these trade agree- body is listening. And here is what one to Mexico and Costa Rica. By sending our ments? When will the American people that of the Senators said, and I will place jobs to Mexico, the Vanity Fair Corporation, they represent start requiring accountability this in the RECORD: through low wages and corporate greed have for the bills passed by our government? not even allowed the Mexican people to I hope you will read this letter to your fel- Dear Ms. Napier: Thank you very much for make a living. With one stroke, the Vanity low representatives on the floor. Somewhere sharing your thoughts. I am always happy to Fair Corporation has weakened the Amer- the system has gone against the American hear from Missourians and am interested to ican economy and depressed the Mexican people and we need help! Thank you for your know your thoughts on this issue. people. I know that the people who worked time and concern. I appreciate all you have Again, thank you for taking the time to in the Seymour, Missouri plant deserve bet- contributed to the American worker. inform me of your views. If I can be of fur- ter. Many of the employees had devoted 5, 10, Sincerely yours, ther assistance, please do not hesitate to 20, and even 25 or more years to the Lee WANDA J. RAPIER. contact me. Company and this was their reward. We cer- But what is very interesting is she U.S. SENATE, tainly were not making extremely high sent a similar letter to the President of Washington, DC, October 16, 1996. Ms. WANDA J. NAPIER, wages. The average for the last quarter we the United States. I am going to read worked was only $7.84 per hour. Route 4, Box 3810, Marshfield, MO A total of almost 2000 American jobs have his answer and put that in the RECORD DEAR MS. NAPIER: Thank you very much been lost just since December of 1995 in the this evening as well, because it is an for sharing your thoughts on supporting the Lee Apparel Company, including the closing answer that goes to the hundreds of NAFTA Accountability Act. I am always of the St. Joseph, Missouri; Fayetteville, thousands of people in our country who happy to hear from Missourians and am in- TN.; Seymour, Missouri; Dalton, GA.; Bayou have lost their jobs to NAFTA as well terested to know your thoughts on this La Batre, Al.; and the down-sizing of jobs in as to the people in Mexico who are get- issue. the Winston-Salem, N.C. plant. The other Again, thank you for taking the time to ting the short end of the stick. inform me of your views. If I can be of fur- plants now working are in danger of losing This is what he said to Wanda, the their jobs to foreign countries and live in ther assistance, please do not hesitate to constant threat of plant closure. When will President of the United States, in a let- contact me. it stop? ter dated January of this year. Sincerely, I believe that the government representa- DEAR WANDA: Thank you for sharing your CHRISTOPHER S. BOND, tives of this country have allowed this to views about the North American Free Trade U.S. Senator. May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2579 Then she wrote a senator in her home And, in fact, the Secretary of Labor Relations, which basically tells her State, and I will not read the entire informs her that the President of the that they have a listing of computer- letter here this evening, but I will read United States recently hosted the ized building and site information that a portion of it and place the entire let- White House Conference on Corporate they make available to potential com- ter of reply in the RECORD. The gen- Citizenship, gee, would that not make panies that want to locate in Missouri. tleman, who is a senator in Jefferson her feel good, to continue the national OFFICE OF THE GOVERNOR, City, says to Wanda: discussion, discussion of how the cor- STATE OF MISSOURI, The question was posed as to how we were porate sector can ensure growth and Jefferson City, November 26, 1996. allowing this to happen. I do not know that profitability while not denying people Ms. WANDA NAPIER, anyone was allowing this to happen. Com- the opportunity to make the most of Marshfield, MO. petition in the sewing industry has been very their lives. DEAR MS. NAPIER: Thank you for your let- intense for several years, and now that we They go on to say that more than 300 ter. I want to hear the concerns of citizens have a Mexican labor market so open to us, and to be of assistance when possible. business leaders came to the White Because the matter addressed in your let- there is even greater pressure from competi- House, including a sizable number of tion. ter falls under the jurisdiction of the Depart- those businesses that are leaders in one ment of Labor and Industrial Relations, I MISSOURI SENATE, or more of the five critical aspects of have forwarded your letter to the depart- Jefferson City, October 16, 1996. corporate responsibility. And listen to ment director’s office for review and re- Ms. WANDA NAPIER, sponse. You should receive a reply in the Marshfield, MO. what the White House thinks are the near future. If you do not, please let me DEAR MS. NAPIER: I have received four let- elements of corporate responsibility: know. ters which were identical so, therefore, I am family-friendly work practices, health Very truly yours, taking the liberty of sending each of you the care and retirement, safe and secure MEL CARNAHAN. same letter. workplaces, education and training, I am very sorry that the Lee Company and employer-employee partnerships. b 2000 found it necessary to close the Seymour But where is jobs in America? Where I can tell my colleagues I spoke to plant and I know it will be a burden and is the issue of holding these corpora- hardship on 350 individuals as well as their Wanda on Sunday again. She has no families. The economic impact on the county tions responsible for productive, high- job. Her fellow employees, if they have is also obvious. wage jobs in the United States of been able to scrape anything together The Department of Economic Development America? Not even discussed. in that part of the country, are earning has assured me that they will do all they can U.S. DEPARTMENT OF LABOR, OFFICE half of what they used to earn, and do to see that a new employer is able to OF THE ASSISTANT SECRETARY FOR they only earned about $7.85 an hour move into the Seymour community at the POLICY, anyway. earliest date possible. Washington, DC, October 28, 1996. This is what one citizen has tried to The question was posed as to how we were Ms. WANDA NAPIER, allowing this to happen. I don’t know that Marshfield, MO. do to get anybody to listen to her anyone was allowing this to happen. Com- DEAR MS. NAPIER: Thank you for writing. story. This is someone who could be petition in the sewing industry has been very The Secretary of Labor has asked me to re- completely down and out, but she re- intense for several years and now that we spond on his behalf. fuses to back down because she wants have a Mexican labor market so open to us The President and the Secretary are com- an answer. So what is she doing? She there is even greater pressure from competi- mitted to doing all they can to assist work- has rewritten the President of the tion. ers, such as those at the Lee Company plants United States another letter. She said, I doubt that any one of us wants to live in cited in your letters, who have lost or are in a state or nation that would nationalize danger of losing their positions as a result of ‘‘Mr. President, I do not think you read businesses (take the companies over). downsizing. The Administration is fighting my letter because the answer I got You may wish to correspond directly with to ensure that adequate funding is provided could not have been to the letter that Congressman Skelton and Senators Bond and for training programs for dislocated workers, was addressed to you.’’ Ashcroft. Their addresses are enclosed. to help them land on their feet. She wrote that letter a few months Be assured of my interest and willingness The President and the Secretary are also ago and she finally got an answer dated to help in any way I can. I do believe that raising the issue of corporate responsibility. May 5, again from the White House, ex- While change is inevitable, profits should there will be job opportunities for the work actly the same letter, word for word, force in the Seymour area. The availability not be the only factor considered when com- of the plant facilities and trained work force panies reorganize, merge, or downsize. Cor- except for the date, that she received has to be a real asset for the city of Seymour porate decisions and actions must accommo- in the first place. I am going to place to offer a prospective company. date the interests of employees as well. that letter in the RECORD as well at I know it is a difficult time but by working The President recently hosted the White this point. together there will be a brighter day. House Conference on Corporate Citizenship The White House, Sincerely, to continue the national discussion of how Washington, May 5, 1997. the corporate sector can ensure growth and JOHN T. RUSSELL. Mrs. WANDA J. NAPIER, At least he was honest. At least he profitability while not denying people the Marshfield, MO. opportunity to make the most of their lives. was honest, and what he is really say- DEAR WANDA: Thank you for sharing your More than 300 business leaders attended the views about the North American Free Trade ing is that here in the United States Conference, including a sizeable number of what we are doing is, we are in a race Agreement. America’s continued prosperity those businesses that are leaders in one or depends, as never before, on our ability to to the bottom. Lowering our standards more of five critical aspects of corporate re- tap growing markets around the world. continually, wages not rising, benefits sponsibility: family-friendly work practices, NAFTA represents a great opportunity to being cut, whether it is in health, health care and retirement, safe and secure create new, high-wage jobs here in America whether it is in retirement, workplace workplaces, education and training, and em- and to improve our ability to compete with ployer-employee partnerships. Asia and Europe. And, as a result of this standards deteriorating because we do Thank you for sharing your thoughts and not have proper rules of engagement agreement, the Mexican and Canadian mar- concerns on these important economic issues kets are beginning to open for the first time with nations that are not at our level with the Administration. and standard of living. on a fair and equal basis to U.S. goods and Sincerely, services. More than two million American MIL PARKER, Now, she also wrote the Secretary of E jobs are supported by exports to Canada and Labor of the United States of America. Office of the Assistant Secretary for Policy. Mexico, and that number is growing in large I am going to place that response in It was interesting, she wrote her part due to the NAFTA market-opening pro- the RECORD, as well, because essen- Governor. I will not read the answer visions. tially what they say to her is that the from the Governor of Missouri, but ba- Congress passed NAFTA in a historic dem- President and the Secretary of Labor sically it is a letter saying, I want to onstration of bipartisan support, and our have been raising the issue of corporate hear the concerns of citizens and be of country has chosen to compete—not re- responsibility, and they are telling her assistance, but because your problem treat—and to reassert our leadership in the global economy. I hope you will continue to that while change is inevitable, profit of losing your job falls under the juris- stay involved as we work to move our coun- should not be the only factor consid- diction of the Department of Labor and try forward. ered when companies reorganize, Industrial Relations, he is bucking the Sincerely, merge, or downsize. letter to the Department of Industrial BILL CLINTON. H2580 CONGRESSIONAL RECORD — HOUSE May 13, 1997 She has been e-mailing the White company for Mexico and our taxpayer 8,500 DELPHI WORKERS STRIKE IN WARREN, House. This is a woman who will not dollars, through the U.S. Treasury, CITE MEXICO THREAT give up. I give her so much credit. She were used to prop Mexico up. But when WARREN, OH (AP).—A key auto industry has been e-mailing the White House al- the American people lose their jobs to supplier was struck today by 8,500 hourly most every other day. It is interesting another nation, or they are threatened workers who walked off the job at a General with losing their shirts, they have no Motors Corp. subsidiary that makes electric when she writes the e-mail to explain wiring for 20 automakers worldwide. her problem, whoever is down in that seat at the table. There is no place The walkout began at 12:01 a.m., the dead- office in the e-mail office, here is what under NAFTA where the workers of our line set by the International Union of Elec- they answer her: country, and, for that matter, the tronic Workers to reach a contract agree- Thank you for writing to President Clinton workers of Mexico and the farmers of ment on local pension and pay issues with via electronic mail. Since June 19, 1993, the both nations, where they get a break, Delphi Packard Electric Systems. Talks broke off over the issue of job secu- White House has received over 1 million e- where they get anybody to pay atten- rity, specifically the union’s contention that mail messages from people across the coun- tion to their story. Do my colleagues the company in recent years has shifted try and around the world. We are excited think the Secretary of the Treasury thousands of jobs to Mexico, Mike Kowach, about the progress of online communication even would sit down with Wanda? I Local 717 vice president, said today. as a tool to bring government and the people would love to see that. The President ‘‘The company wanted to reserve the right closer together. Your continued interest and of the United States will not even an- to move any work out of Ohio to Mexico at participation are very important to that any time and that they did not have to meet goal. Sincerely, Stephen Horn, Director, swer her repeated letters and repeated with us about it, and that’s when the bar- Presidential E-mail, the Office of Cor- e-mails. gaining committee said we can’t live with respondence. So here tonight we give voice to her, we give voice to the 8,500 General Mo- that. If you were Wanda sitting out there ‘‘The concern is for our members working tors workers in Warren, OH, who are in Missouri, how would you feel? I here to be able to retire from here,’’ Kowach standing firm. Their fight is a fight for promised her that I am going to keep said. every working family in America, be- repeating her story until she gets a de- A message seeking the company’s response cause they are saying, we do not want on that issue was not immediately returned. cent answer from the highest office- our jobs outsourced. We do not want to Most pay and benefit issues were settled holder in this land who is elected, not have our wages reduced and our bene- earlier in a national agreement between GM appointed, and who is the promoter, fits cut and our health benefits plan and the union. The contract governing local the chief promoter of this agreement, issues expired in September. gutted because we have to go in com- The Warren-based company has 17 manu- along with the Speaker of this institu- petition with a nation that will not tion. It seems to me that Wanda and facturing plants and an engineering center in even permit its own citizens to have the Warren-Youngstown region in northeast the 125,000 citizens of this country who their wages rise with rising productiv- Ohio, and makes wiring harnesses. Half of its have completely lost their jobs, in ity. production goes into GM vehicles. California, in Missouri, in Florida, in Let me mention that this Warren- Delphi Packard also has factories in Ala- Michigan, in Tennessee, in Kentucky, based company of General Motors has bama, Arizona, California and Mississippi in Alabama, in Texas due to NAFTA, 17 manufacturing plants and an engi- that are not involved in the strike. do they not have a right to more con- Both sides have been negotiating on local neering center in the Warren-Youngs- issues since mid-1996. sideration than this? town region in northeast Ohio, and The striking workers set up picket lines, Today in Ohio we had major news. In they make wiring harnesses. Half their but other employees reported to their jobs, the Warren, OH area, 8,500 workers at a production goes into GM vehicles. As leading to some minor confrontations at the major General Motors plant have gone with Wanda’s company, Vanity Fair, plant gates, according to police and the on strike. What are they striking which had branches all over the United union. Production was stopped and no new talks about? Let me read from the AP wire States, Delphi Packard has factories in service. They walked off the job at were scheduled, Delphi Packard spokesman Alabama, Arizona, California, and Mis- Jim Kobus said today. General Motors Corp. where they make sissippi. The workers who are standing ‘‘One real key point for us is that Delphi electric wiring for 20 automakers the ground in Ohio tonight are stand- Packard has worked long and hard to build a worldwide. The walkout began at 12 ing in firm solidarity with workers diverse customer base, a lot of non-GM cus- o’clock today, the deadline set by their across this Nation and, in fact, across tomers. The difficulty of winning and grow- union representatives to reach a con- this continent. ing non-GM business is so challenging that tract agreement on local pension and The striking workers have set up when you interrupt that supply line, the risk pay issues with Delphi-Packard sys- picket lines in Ohio. Production was is you can damage that relationship,’’ Kobus said. tems. Talks broke off on the issue of stopped and no new talks were sched- He said it was too early to comment on job security. Specifically, the union’s uled. One of the company spokesmen when automakers might feel the effects of contention is that the company in re- said today, ‘‘One real key point for us the walkout. cent years has shifted thousands of is that Delphi Packard has worked long Union members have complained about re- jobs to Mexico, which it has. It em- and hard to build a diverse customer tirement incentives for older workers and ploys over 37,000 people in Mexico base, a lot of non-GM customers. The wages and benefits for newer employees who today. General Motors is the largest difficulty of winning and growing non- make 55 percent of the most senior hourly workers. employer in the nation of Mexico after GM business is so challenging that the Government of Mexico. when you interrupt that supply line, Mr. Speaker, I see that we have been joined by the gentleman from Michigan The company wanted to reserve the right the risk is you can damage that rela- to move any work out of Ohio to Mexico at tionship.’’ [Mr. BONIOR], our very esteemed leader. any time and that they did not have to meet Union members have complained I very much appreciate the opportunity with us about it, and that’s when the bar- about retirement incentives for older to be able to tell the story of Wanda gaining committee said we can’t live with workers and wages and benefits for Napier this evening. I hope at some that. newer employees who make up 55 per- point we can bring her to Washington The concern is for our members working cent of the most senior hourly workers. and let her tell her own story. I also here to be able to retire from here. What they are really fighting about appreciate being able to talk about the Their story, their strike is connected are standard of living questions, living very brave workers in Ohio who run the to Wanda. It is over the same issue: wage questions, questions of whether risk of losing their jobs because they fair treatment of workers across this their contract, given their work, de- are standing firm at a time when they continent. It is very interesting that serves a fair day’s pay. With whom are feel like pawns in a very powerful sys- when Mexico got in trouble last year they competing? People who do not tem of production globally. We just and they had to be bailed out with the have the ability to raise their standard want them to know that we stand with peso bailout, the investors on Wall of living in a nation like Mexico. them and our hearts are with them to- Street and the investors on the Mexico Mr. Speaker, I would like to place night. City stock exchange had such impor- this story about what is happening in Mr. BONIOR. I thank my colleague tant seats at the table that our own Ohio in the RECORD this evening at this for taking the time and for her leader- Government became the insurance point. ship on this issue and for caring so May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2581 much for those who have been in many of the Texas economy for the better yield, out of Canton, OH, to Mexico as ways brutalized by a system that has and there would be just great trade be- well. run amuck in our country today and tween El Paso and these other border Mr. BONIOR. Canton, Ohio, and I can for putting a human face on this issue towns and Mexico. name some places in Michigan, and of tonight by telling a story of a person I want to draw the attention of my course our friend, the gentlewoman who has gone through the difficulties colleagues this evening to what I call a from Missouri [Ms. DANNER] was up and the sorrows and the change. Put- casualty of NAFTA. It might surprise here the other day talking about the ting a human face on these issues is so my colleagues to know that El Paso, two plants in her district that have important. We can talk numbers and TX, right along the border with Mex- moved entirely out. we can talk statistics, but these are ico, is a casualty of NAFTA. In last But you know it is not just the jobs. real people with real lives, who have Thursday’s New York Times, in the It is that downward pressure on wages. families, who have hopes, who have business section, there were a couple of And I want to emphasize that tonight dreams. We are watching these policies stories. We would expect the city of El because we talk about jobs, but it is snatch away those hopes and those Paso, as I said, to be a winner under that constant pressure of the American dreams. We have got to fight it. The NAFTA. At least that is what the pro- worker that the employer comes to the gentlewoman has been at the forefront ponents said. But as the article in the bargaining table with them and says: of doing that for years. New York Times shows, the exact op- ‘‘Listen, if you do not take a freeze in My friend from Ohio talked about posite has taken place. The article first your wages or a cut in your wages or a what is happening in outsourcing in describes a situation of Sun Apparel, cut in your health benefits, your pen- Warren, OH. Of course, my colleagues where workers stitch clothes for Polo, sion benefits, we are out of here. We know that recently the Goodyear Tire Fila, and Sassoon. Some of the women are going south.’’ & Rubber Co. was on strike. I do not who work at Sun Apparel in El Paso And as the chart that is next to the know if the gentlewoman alluded to made slightly more than $4.75 an hour, gentlewoman from Ohio illustrates, there was a study done by the Labor that. I was not here. which is the minimum wage. Even Department recently that was sup- Ms. KAPTUR. I did not allude to it. after 15 years of work, these women are pressed that showed that 62 percent of Mr. BONIOR. There were 12,500 peo- making $4.75 an hour. But last month, United States employers threatened to ple that went on strike to demand de- Sun Apparel eliminated 300 jobs at the close plants rather than negotiate with cent wages and benefits and to limit plant and shifted work to Mexico. or recognize a union implying or ex- outsourcing, which is a serious prob- Those workers, and 320 more who lost plicitly threatening to move jobs to lem. Let me say that one of the major their job last year, were certified by Mexico; 62 percent. issues of that strike was the announce- the Labor Department as having lost ment by Goodyear that it was transfer- They said to these folks, ‘‘You know, their jobs through NAFTA. In Mexico, we can just go south, and we will go ring production from Akron, OH to garment workers are usually paid $1 an Santiago, Chile, resulting in 150 job south,’’ and that is driving down wages. hour. So the minimum wage does not Now for those people who actually do losses. This issue is going to continue even protect you anymore. lose their job, and we have had any- on and on unless we seriously address Mr. Speaker, El Paso is where the where between a quarter of a million the wages and worker rights in our rest of America is starting to catch up and 600,000; we do not know the exact trade agreements. That is what we are to, becoming fully integrated with the figure, but it is high; and we know we here for today. We are talking about Mexican economy. Workers in El Paso have got a trade deficit with Mexico something that the administration must accept the minimum wage be- now. We had a surplus of about $2 bil- wants to bring to the House floor. It is cause the wages are so much lower just lion before NAFTA; it is about $16 bil- called fast track. It is a way to do across the border. El Paso has lost lion deficit now, and that translates trade negotiations without including more jobs to Mexican trade as certified into about 600,000 jobs if you use the the Congress in the formulation of that by the Labor Department than any- proponents’ formula. We know that of agreement. Agreements are made, they where else. Of the 5,600 workers who those people who have lost their jobs a are brought to the Congress, and it is have been certified, only a fraction good many of them, probably most of an up-or-down yes vote on the whole took advantage of the retraining pro- them, have gotten other jobs. agreement and we do not have a say in gram for NAFTA job loss victims. Ac- Mr. SANDERS. Will the gentleman it. That one might be OK from our per- cording to this Times article, and this yield? spective if we knew that in the core is significant, that program left these Mr. BONIOR. I will. When I make my agreements, there would be negotia- workers with no skills or no jobs. The point, I will yield to my friend from tions dealing with the environmental Federal Government has spent $18 mil- Vermont. The problem is the jobs that issues, with labor issues, the trade lion on retraining people in El Paso they have got, they have gotten at issue, the whole question of wages and under this program, without any real about two-thirds the wage level which pensions and benefits and human results, and will be spending another they were making before the original rights. But they are not part of these $4.5 million more to retrain workers job is lost. And of course that just puts discussions, and that is why we are so yet again. In fact, the mayor of El incredible pressure on them to reach a concerned about them. Paso, who was once a champion of sustainable living wage for their fami- I would like to talk about one other NAFTA, is now a critic of the agree- lies. So they get another job, they are thing tonight, if I could, because it is ment. El Paso’s unemployment rate is sort of working two jobs, and when an article that appeared, and I know soaring. It is up to 11 percent. Juarez, they are working two jobs or three that we have discussed it on the floor just across the border from El Paso, jobs, they are not home for their kids’ today, the gentlewoman from Ohio [Ms. has 177,000 maquiladora jobs by the end soccer game, they are not home for KAPTUR] and myself, and I see the gen- of last year. It has gained 77,000 of PTA meetings or school nights out, tleman from Ohio [Mr. KUCINICH] here those jobs in the last 2 years alone. and then the whole family structure who has an article I am going to talk NAFTA has driven thousands of jobs suffers. about that appeared in the New York out of El Paso and depressed the wages So it is more than just jobs and Times, I believe it was last week, it of its workers. wages. It is the whole social fabric of was on the front page of the business b our society today. section, it says ‘‘Borderline Working 2015 And I yield to my friend from Ver- Class.’’ This piece deals with the whole Ms. KAPTUR. Mr. Speaker, that is mont if the gentlewoman from Ohio question of what has happened to the some level of a sucking sound south, is will yield. workers in Texas, in El Paso and all it not? Ms. KAPTUR. Mr. Speaker, I am the border towns along that area. Mr. BONIOR. It is certainly one of pleased to yield to the gentleman from One would have expected that there the largest Hoover vacuum cleaners Vermont [Mr. SANDERS]. would have been a boom from listening that I have ever heard. Mr. SANDERS. Mr. Speaker, I am to all the proponents of NAFTA, that Ms. KAPTUR. And by the way, they pleased to be here with the gentle- this would have changed the direction are moving jobs, if the gentleman will woman from Ohio [Ms. KAPTUR], the H2582 CONGRESSIONAL RECORD — HOUSE May 13, 1997 gentleman from Michigan [Mr. BONIOR] you have the article in front of you; posted on the company bulletin board. and the gentleman from Ohio [Mr. they are paying the workers in Viet- This is an automotive plant. It says, KUCINICH], who are leading the fight nam 30 cents an hour. ‘‘There are Mexicans willing to do your against NAFTA. Mr. SANDERS. That is about right. job for $3 to $4 an hour. The free trade The gentleman from Michigan makes Mr. BONIOR. Thirty cents an hour. treaty allows this.’’ an important point about wages, and Now I mean the Disney Corp. engages And that is not just a subtle message let me ask my friends this question: in the same situation. I mean they had to the work force, but it is that the Every day that we pick up the news- a guy who they fired as their president, downward pressure is heavy duty, and paper we hear about the booming Michael Ovitz. They paid him $90 mil- that is why workers at plants like the American economy. Do we not? In fact lion, severance package; he got $90 mil- Delphi plant in Warren, OH, have said, there was an article in the paper about lion to be fired, and the guy who fired all right, you want to draw a line in how we have to clamp down on the him got $776 million over a 10-year pe- the sand, we are drawing the line for boom, it is just off the wall it is so fan- riod in the contract. America. tastic. But if you read page 62 in the Now having said that, they make So I think this is proof in the pud- little print about the boom when they their clothes not in Texas, not in North ding of exactly what you are talking talk about the wages that middle-class Carolina, not in Illinois. They have about, and I wanted to thank the gen- workers are getting in the midst of this those sweat shirts and those hats all tleman from Vermont [Mr. SANDERS] boom, what do you find? My goodness. stitched down in Haiti where they pay for coming down here this evening and The real wages for American workers people 28 cents an hour. being with us. It seems like we were are continuing to decline. I was watching the evening news, I here before, we were here before and we Yes, the CEO’s of major corporations forgot what network had it on this tried to tell this story. Now we have 3 saw a 54-percent increase in their com- weekend, but they did a story about years of experience to measure, and we pensation. Yes, the stock market is the Caribbean basin, I suspect a follow- intend to measure, and we have new hitting off the wall. Yes, the rich are up or during the President’s visit down Members like the gentleman from Ohio getting richer. But what about the av- there. They are losing jobs to Mexico, [Mr. KUCINICH] who has hit the ground erage worker? the Caribbean basin countries. The running here, who comes from having Mr. Speaker, the front pages of cor- Caribbean basin countries are losing all been mayor of Cleveland and comes porate America’s newspapers do not types of jobs to Mexico because they from a place that has experienced the talk about it, but for the average are getting a better deal in Mexico be- industrial and agricultural trans- American worker, despite all of the so- cause of the NAFTA agreement and the formation over the last several dec- called boom, the real wages are going low wages and the guaranteed invest- ades, has lots to say on this, and we down, people continue to work longer ment. welcome you this evening. hours for low wages, and one of the rea- This NAFTA is broken. I mean, they Mr. KUCINICH. Thank you very sons why is precisely what the gentle- want us to move ahead with the fast much, and I am certainly glad to join woman from Ohio [Ms. KAPTUR] and track that will include other countries the delegation of which you are a lead- the gentleman from Michigan [Mr. based on what we have under NAFTA, er in this effort to call to the attention BONIOR] are talking about. If our work- and it is like your house being on fire of the American people so many of the ers are forced to compete against des- and your basement being flooded. You inequities which exist in our trade perate people in Mexico or in China do not add another addition while that agreement known as NAFTA, and it is who are trying to get by on starvation is all happening. You fix it first before certainly a pleasure to be in the Con- wages, if we merge these economies you go on. And before we move ahead gress of the United States with such what is the ultimate result? on fast track it seems to me, and to us, leaders as you and the gentleman from Mr. Speaker, it does not take an Ein- I think, is that we have got to correct Michigan [Mr. BONIOR] and the gen- stein to figure it out. If there is a em- a very inequitable, unfair situation in tleman from Vermont [Mr. SANDERS] ployer over here who is going to pay which the gentlewoman from Ohio has who are outstanding spokespersons on somebody 50 cents an hour, why are depicted in human terms very well this this issue to let the American people they going to pay you $15 or $20 an evening, and I thank her for it. know what is going on because people hour? Ms. KAPTUR. Mr. Speaker, if I might who follow government always want I would submit for the RECORD a re- just reclaim a moment here before rec- information so that they can make in- markable article. Many of you must ognizing our wonderful colleague from telligent decisions about whether or have seen it. It was April 27, 1997, the Ohio? The gentleman from Michigan not they support policies. Associated Press, and what they talk [Mr. BONIOR] has been a champion. I re- And when I saw the gentlewoman about is Nike in Vietnam. Now Nike member during the NAFTA debate he from Ohio [Ms. KAPTUR] produce that has a habit of going to wherever in the said this is our way of life, we are poster, which I have a copy of as well, world wages are at rock bottom. Mex- fighting for our way of life, this is who with the UAW: Your jobs may go south ico is much too high wage for Nike. we are. We are not talking about some- for more than just the winter; this was They are now in Vietnam. They have thing that is out there; it is about the distributed in an attempt to frustrate determined that wages in Vietnam are struggle that we have had to create a what we in this country recognize as the lowest in the world. middle class and allow people to sus- the basic right of working people to as- Let me quote this: tain themselves and to experience the sociate and organize. And when an or- In demonstrations on Friday workers best that American life has to offer, ganizing drive was occurring in burnt cars and ransacked the factory’s office and the country owes the gentleman a Macomb, IL, at this company, it was saying the company, Nike, was not paying debt of gratitude, not just our region, NTN Bauer, these leaflets began ap- them a $2.50 cents a day minimum wage. but the whole country, and I thank the pearing throughout the plant. There That is our competition. That is gentleman for sticking with us on this. are Mexicans willing to do your job for what, much of what, the global econ- I just wanted to mention that when $3 to $4 an hour; free trade treaty al- omy is about. you were saying that probably the big- lows that. American workers, you really want gest threat in these trade agreements So what NAFTA has produced is a to compete? Are you ready to go below when they are not well-balanced and different type of behavior on the part $2.50 an hour? Nike might come back to people, many people, are not at the of those who are running the compa- America and hire you if you are ready table, creates this downward pressure nies where workers are now threat- to go for $2 a day. Ready to do that? on our living standards, on our wages. ened, and they are threatened in an in- And that is, I think, the point that This is an excellent poster that we sidious way because, if we in this coun- we are trying to make, and that is how have blown up here that came from a try do not always have the ability to it ties into the most important issue company in Illinois, and they told their exercise our most basic rights as citi- which is the declining wages. workers that the workers’ jobs might zens, which we recognize as the right of Mr. BONIOR. And I think the Nike go south for more than just the winter, association guaranteed in the first Corp., and correct me if I am wrong, and it says on the bottom this was amendment and derived from that the May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2583 right to organize, the right to be able nization is not in effect nullifying the safeguards there along the border and to affiliate, the right to be able to ex- laws made by this Congress. But the along the river. tend into areas like collective bargain- only way we can do that is that as long So it is more than just jobs and tar- ing; if we have a trade agreement that as NAFTA exists, and I certainly am iffs and downward pressures on wages, effectively can lead others to trash not an advocate for that, but as long as it is about being able to come together those basic rights, then we have a it does exist, the only way we can move as people and organize and to assemble trade agreement which abrogates some forward is through having labor and and to bargain for your sweat. of the rights which the people of this environmental standards, high stand- Mr. SANDERS. Mr. Speaker, if the country gained when this country was ards which must be at the core of any gentleman would yield, I think the founded over 200 years ago. agreement. proof basically is in the pudding; is it Now what then can be the remedy? Mr. Speaker, that is something I not? Now, if the trade policies and our Well, there certainly is a remedy, and offer for my colleagues’ consideration, current economic policies are working that is the Fast Track Accountability because I think that is something that well, then the proof is there. Then we Act which specifically provides that would enable the public, which watches will have an expanding middle class; workers’ rights must be protected, that these events so carefully, to have a lit- right? Then the new jobs that are being we would adopt and enforce laws to ex- tle bit more confidence in these kinds created will pay people decent wages; is tend internationally recognized work- of agreements. We must secure work- that not correct? Then we will have a ers’ rights in any country involved, and ers’ rights. If we do not do that, if we society where the gap between the rich those rights would include, and we are not willing to do that in inter- and the poor grows narrower. would codify this, this would be in the national trade agreements, we will sac- But what in fact has been happening law, the rights of freedom of associa- rifice the rights of workers here at since the development of these trade tion, the right to organize, which Con- home, and that will lead to a deteriora- policies? What we now have in the gressman SANDERS talked about in one tion of our democratic society. United States is the wealthiest 1 per- of our last discussions, the right to or- Mr. BONIOR. Mr. Speaker, if the gen- cent of the population owning 42 per- ganize and bargain collectively, the tleman would yield on that point, be- cent of the wealth, which is more than prohibition of force or compulsory cause that is really a key point here. the bottom 90 percent. Now I think we labor, establishment of a minimum When we talk about these agreements, have not been totally fair tonight, be- wage for the employment of children we talk about them in terms of trade, cause I think we should acknowledge and acceptable working conditions we talk about them in terms of tariff, that these trade agreements do do with respect to minimum wage and and I tried to broaden it with my col- some people good. hours of work and occupational safety leagues here this evening to talk about Mr. BONIOR. They do, Mr. Speaker. and health. the environment and labor rights and Mr. SANDERS. Mr. Speaker, we have Some will say, well, we have some of human rights. to be honest about it, yes, for the vast that in existing NAFTA. We have very The gentleman mentioned something majority of workers, wages are going weak side agreements which are not just now that goes deeper than even down. Yes, we have lost hundreds of really enforceable, and there is no pun- that, it goes to the depths of what we thousands of jobs for our working peo- ishment if someone does not abide by are about as a country, it goes to the ple, but we have not been totally fair and respect the rights of workers. The heart of our system, it goes to democ- tonight; and that is we must acknowl- same is true of environmental stand- racy. The gentleman used the word de- edge that some people are doing well. ards. NAFTA is causing a leveling mocracy. That is what this is about. We have to say that, and we do have to down of environmental standards. The proponents of this fairlyland point out that the CEO’s of major We know also from other trade agree- globalized trade scheme that we are American corporations last year, and I ments the World Trade Organization now engaged in want to take us back am sure everybody will be happy to can in fact impose, in effect abrogating to the 19th century, before people had hear this, especially if you are among our Constitution, can attack our sov- these basic rights. I am talking about the richest 1 percent, saw a 54 percent ereignty by saying that our environ- worker rights now, the right to orga- increase in their compensation. mental standards, which help to assure nize, to assemble, to freely associate, So some people are doing very well. the quality of life in this country, in to form unions, to collectively bargain, The average worker has seen a decline effect are an impermissible trade bar- the right to strike, the right to have in his or her wages, but the richest peo- rier and therefore the United States certain labor standards and job protec- ple in America have never had it so must either pay a fine or other action tions and safety standards. good. So that explains to us why they will be taken against the country. This That just did not happen, that hap- pour millions and millions of dollars attacks our sovereignty as a nation. pened because a lot of people struggled into their lobbyist friends and their for 100 years to make it happen. They television ads and newspaper ads tell- b 2030 marched, they were beaten, they lost ing us why we should support NAFTA So we need in a fast track agreement their jobs, they were killed, they were and GATT. guarantees not only to protect work- assassinated in order for us to have The trade agreement is working for ers, not only to protect labor, but to these rights, to be able to come to- all of you out there who are million- protect the environment as well, which gether and bargain for our work. aires and billionaires. In fact, over the would mitigate global climate change, As a result of those sacrifices, the last 15 years it is rather remarkable. which would cause a reduction in the wealthiest and most prosperous Nation While the real wages of American production of ozone depleting sub- in the world and the largest middle workers have gone down, we have seen stances, which would ban international class in the history of the Earth, of a proliferation of millionaires. dumping of highly radioactive waste this world, was developed. And now, we In 1982 there were 12 billionaires in and all of these things which we need are, through our trade agreements, cre- the United States, 12 billionaires. to put in the law. That is the only way ating a situation in which there is a Today there are 135. So in all fairness, that fast track should ever be consid- rush to the bottom rung to roll back these trade agreements are working ered. Those must be in the law, and all of these rights. very well for millionaires and billion- once it gets into law, if there is a viola- The woman who works at Sun Ap- aires. But for the vast majority of our tion, then we could treat it as an ac- parel making $4.75 an hour lost her job, people, they are resulting in significant tionable unfair trade practice, subject making the minimum wage. The mini- job loss and the pressure to lower to potential sanctions such as with- mum wage does not even help her any- wages. drawal of free trade privileges. more, because we have made a mar- Now, some people will say, I do not Now, we are not helpless in this riage with Mexico on the economy and work in a factory, it does not affect country. We have the ability to retake, it is across the border. Now she has to me. What is my problem? It does affect to regain control of our destiny. We compete at a lower level, she has to you, it affects you because when UAW have an ability to reclaim our sov- compete without job security, she has workers see their wages go down, then ereignty so that the World Trade Orga- to compete without environmental when your employer, even if you are in H2584 CONGRESSIONAL RECORD — HOUSE May 13, 1997 a nonunion shop, has to deal with you, paying jobs where they could secure a machine which spews this stuff out in what he will say is, hey, I do not have future for themselves and their family. the press on a daily basis about the up- to pay you $15 an hour, I can pay you Mr. BONIOR. Mr. Speaker, as the standing, wonderful nature of these $12, I can pay you $8 an hour. If we gentlewoman knows, the largest em- leaders and tries to pull the wool over have Mexican workers prepared to ployer in the country today is not Gen- everyone’s eyes. work for 50 cents an hour, I will start eral Motors, it is Manpower temporary Mr. SANDERS. Mr. Speaker, if the you off at $5 an hour. services. The company pays no health gentleman would yield for a moment, I Mr. Speaker, one of the scariest as- benefits, no pensions. It is temporary remember during the NAFTA debate, pects about the new economy is the de- work, the largest employer, and it is one of the frustrations that we had is cline in real wages of high school grad- moving more and more in that direc- that virtually every major newspaper, uates. These are the young people who tion. without exception, every major news- have never gone to college. What we I wanted to expand on what both of paper in America told us how great the are talking about is entry level jobs for my colleagues have just said about the NAFTA agreement would be. young Americans graduating high workers. Because it is not just happen- Now I am wondering if anybody here school, for young men it is 30 percent ing here in America, in the United tonight knows if there has been one of less than what it was 15 years ago. For States, it is occurring, as the gen- those newspapers yet that has apolo- young women it is 17 percent less. tleman pointed out, in Mexico as well. gized to their readers and has said, Mr. BONIOR. Mr. Speaker, that is a When we began the NAFTA debate, whoops, we were wrong. Are my col- phenomenal figure. If the gentleman the worker in Mexico was making $1 an leagues aware of any newspapers that will repeat that again, because some of hour. Now that worker, and I have seen have made that statement? us are aware of it, but a lot of folks in it with my own eyes in a trip that I Ms. KAPTUR. Mr. Speaker, I am not this country do not understand that as took down there two months ago, is aware of a single one, I would say to the gentleman points out, the people at making 70 cents an hour. The people at my colleague. the very top, in fact, it goes down. Peo- the top in Mexico, they have created an Mr. BONIOR. Mr. Speaker, I am not ple in the top 5 percent in America are incredible burst of billionaires, a class either, but just in 30 seconds here, I doing very well today, but beyond that, of billionaires down there. read the New York Times very care- it slips dramatically. I have a friend who told me, and I do fully, because it is a good newspaper Mr. SANDERS. Mr. Speaker, for not know if this is true, but I am reluc- and I generally agree with them, not young people graduating high school, tant to repeat it tonight, but I have a all of the time, with their editorials, their entry level jobs are now paying 30 sense that it is, because he is very con- and they are starting to express them- percent less than was the case 15 years servative in his estimates and he un- selves in ways that they understand ago. For young women, it is about 17 or derstands these issues very well. And that there was something very wrong 18 percent less. he is a very learned person, who told with NAFTA. Furthermore, Americans at the lower me that in Del Mar, a little town north They are not going to admit that end of the wage scale are now the low- of San Diego in California, there are they were wrong, but they have been est-paid workers in the industrialized 600, 600 millionaires with Mexican citi- writing editorials recently with respect world. Eighteen percent of American zenship, 600. So the wealthy make their to the environment and Chile and labor workers with full-time jobs are paid so money, they live often across the bor- standards, and so there is starting to little that their wages do not enable der here, and the workers are being be a slight sign, but that is about it. them to live above the poverty level. paid 70 cents an hour. Their value of The rest of the business has been very Welcome to the global economy. their wages have, since NAFTA, de- silent, as the gentleman has indicated. The point that the gentleman from clined 30, 40 percent. So it is workers Ms. KAPTUR. Mr. Speaker, we just Michigan [Mr. BONIOR] made earlier, in on both sides of the border. want to thank all of the membership many ways, what this economy is look- Ms. KAPTUR. Mr. Speaker, will the for listening and for those who are ing like is what Mexico is: a few people gentleman yield on one point? tuned in on public broadcasting or C– at the top, and millions of people As the gentleman is talking, I am SPAN, we want to thank the public for struggling just to exist. thinking about when NAFTA was dis- their interest in NAFTA, and more to Ms. KAPTUR. Mr. Speaker, if I could cussed here, and we were told President come. just make a brief point, last night I Salinas had the greatest democratic was in Lima, OH, giving a speech to a heart, with a small D, beating in this b 2045 large number of people. And afterwards century. Can you imagine a President f three different citizens came up to me, of the United States being so disgraced REPORT ON RESOLUTION PROVID- two who were high school graduates, that he then is a man without a coun- ING FOR CONSIDERATION OF and one a mother of a gentleman who try? H.R. 1469, EMERGENCY SUPPLE- is 30 years old but is working in a tem- That gentleman who headed Mexico MENTAL APPROPRIATIONS, 1997 porary position. And that is the fastest now may be living in Ireland, for all we work category in our country, fastest know, and his brother is in jail, and Mr. MCINNIS, from the Committee growing category, temporary work. will be standing trial for drug-related on Rules, submitted a privileged report She said: ‘‘Marcy, my son is worried charges, and we act, I mean the pro- (Rept. No. 105–96) on the resolution (H. because in two weeks he loses his tem- ponents act as if nothing happened. Res. 146) providing for consideration of porary job.’’ Mr. BONIOR. Mr. Speaker, all the the bill (H.R. 1469) making emergency It is not just low wages of these editorial writers in the country, they supplemental appropriations for recov- workers, it is the insecurity of not thought Mr. Salinas was a great guy. ery from natural disasters, and for knowing whether there will be a job for He went to Harvard and he is going to overseas peacekeeping efforts, includ- them. The other two young men that take Mexico into the next millennium ing those in Bosnia, for the fiscal year were there were just seeking work, and they were just as proud as punch to ending September 30, 1997, and for seeking to better themselves, having to be affiliated and associated with him. other purposes, which was referred to work at jobs like Payless Shoes, which The fact of the matter is he has not the House Calendar and ordered to be imports all of its shoes. And when you turned out very well, nor has his broth- printed. are a manager for a lot of those jobs, er, nor has his policies. You would ex- f you qualify for food stamps. pect somebody to recognize this and Is this the kind of America that we say well, we made a mistake, but no, LEAVE OF ABSENCE want to produce, one where when you they cannot admit they made a mis- By unanimous consent, leave of ab- work, and in Mexico, as we were told take. My goodness, gracious, they are sence was granted to: by the people down there, they work infallible, because they are, as the gen- Mr. HEFNER (at the request of Mr. for hunger wages. These people in tleman from Vermont [Mr. SANDERS] GEPHARDT), for today and the balance Lima, OH last night had several prob- says, part of this whole corporate ma- of the week, on account of funeral for lems in trying to locate steady, well- chine, this multinational transnational a family member. May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2585

Mr. SCHIFF (at the request of Mr. EXTENSION OF REMARKS tend their remarks and include extra- ARMEY), through June 30, on account of By unanimous consent, permission to neous material:) medical reasons. revise and extend remarks was granted Mr. ACKERMAN. to: Mr. BROWN of California. f (The following Members (at the re- Ms. HOOLEY of Oregon. quest of Mrs. LOWEY) to revise and ex- Mr. CARDIN. SPECIAL ORDERS GRANTED tend their remarks and include extra- Mr. GILCHREST. neous material:) Mr. SKAGGS. By unanimous consent, permission to Mr. DOYLE. Mr. PACKARD. address the House, following the legis- Mr. UNDERWOOD. Mr. SAM JOHNSON of Texas. lative program and any special orders Mrs. MEEK of Florida. Mr. MILLER of California. heretofore entered, was granted to: Mr. HAMILTON. Mr. BORSKI. (The following Members (at the re- Mr. LANTOS. Mr. HINOJOSA. quest of Mrs. LOWEY) to revise and ex- Mr. LIPINSKI. Mr. SHERMAN. tend their remarks and include extra- Mr. HINCHEY. Mr. ENGEL. neous material:) Mr. KENNEDY of Massachusetts. f Mr. HILLIARD, for 5 minutes, today. Mr. FROST. Mr. KUCINICH. Mr. PALLONE, for 5 minutes, today. SENATE BILL REFERRED Mr. SCOTT. (The following Members (at the re- A bill of the Senate of the following Mr. GEJDENSON. title was taken from the Speaker’s quest of Mr. KINGSTON) to revise and Mrs. LOWEY. extend their remarks and include ex- (The following Members (at the re- table and, under the rule, referred to as follows: traneous material:) quest of Mr. KINGSTON) to revise and Mr. BILIRAKIS, for 5 minutes, on May extend their remarks and include ex- S. Con. Res. 26. Concurrent resolution to 14. traneous material:) permit the use of the rotunda of the Capitol for a congressional ceremony honoring Mr. FORBES, for 5 minutes each day, Mr. FORBES. Mother Teresa. on today and May 14. Mr. DAVIS of Virginia. f Mr. DREIER, for 5 minutes each day, Mr. KIM. on May 14, 15, and 16. Mrs. ROUKEMA. ADJOURNMENT Mr. GRAHAM. Mr. GIBBONS, for 5 minutes, on May Mr. McINNIS. Mr. Speaker, I move 14. Mr. GINGRICH. Mr. SOLOMON. that the House do now adjourn. ETCALF Mr. M , for 5 minutes, on May Mr. SOUDER. The motion was agreed to; accord- 14. Mr. WATTS of Oklahoma. ingly (at 8 o’clock and 46 minutes Mr. RYUN, for 5 minutes, today. Mr. GILMAN. p.m.), the House adjourned until to- Mr. SMITH of Michigan, for 5 minutes (The following Members (at the re- morrow, Wednesday, May 14, 1997, at 10 each day, on today and May 15. quest of Mr. MCINNIS to revise and ex- a.m. h EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized by various Committee, House of Representatives, during the 1st quarter of 1997, pursuant to Public Law 95–384, are as follows: REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Eva Clayton ...... 1/23 1/26 Argentina ...... 798.00 ...... 3,545.95 ...... 4,343.95 1/26 1/28 Chile ...... 531.11 ...... 531.11 Hon. Calvin M. Dooley ...... 1/23 1/26 Argentina ...... 798.00 ...... 3,545.95 ...... 4,343.95 1/26 1/28 Chile ...... 531.11 ...... 531.11 Hon. Thomas Ewing ...... 1/23 1/26 Argentina ...... 798.00 ...... 3,649.95 ...... 4,447.95 1/26 1/28 Chile ...... 531.11 ...... 531.11 Hon. Sam Farr ...... 1/23 1/26 Argentina ...... 798.00 ...... 3,771.95 ...... 4,569.95 1/26 1/28 Chile ...... 531.11 ...... 531.11 Hon. Robert F. Smith ...... 1/23 1/26 Argentina ...... 798.00 ...... 3,324.95 ...... 58.40 ...... 4,181.35 1/26 1/28 Chile ...... 531.11 ...... 531.11 Hon. Charles Stenholm ...... 1/23 1/26 Argentina ...... 798.00 ...... 3,352.95 ...... 4,150.95 Hon. Lynn Gallagher ...... 1/23 1/26 Argentina ...... 798.00 ...... 3,545.95 ...... 4,343.95 1/26 1/28 Chile ...... 531.11 ...... 531.11 Hon. Laverne Hubert ...... 1/23 1/26 Argentina ...... 798.00 ...... 3,545.95 ...... 4,343.95 1/26 1/28 Chile ...... 531.11 ...... 531.11 Bryce Quick ...... 1/23 1/26 Argentina ...... 798.00 ...... 3,545.95 ...... 4,343.95 1/26 1/28 Chile ...... 531.11 ...... 531.11 Paul Unger ...... 1/23 1/26 Argentina ...... 798.00 ...... 3,545.95 ...... 4,343.95 1/26 1/28 Chile ...... 531.11 ...... 531.11 Hon. Sanford Bishop ...... 3/22 3/28 Canada ...... 1,338.05 ...... (3) ...... 1,338.05 3/31 4/5 Mexico ...... 1,008.00 ...... (3) ...... 1,008.00 Hon. Saxby Chambliss ...... 3/31 4/5 Mexico ...... 1,008.00 ...... (3) ...... 1,008.00 Hon. Helen Chenoweth ...... 3/26 3/28 Canada ...... 446.85 ...... (3) ...... 446.85 3/31 4/5 Mexico ...... 1,008.00 ...... (3) ...... 1,008.00 Hon. Michael Crapo ...... 3/22 3/28 Canada ...... 1,338.05 ...... (3) ...... 1,338.05 Hon. Earl Hilliard ...... 3/22 3/28 Canada ...... 1,338.05 ...... (3) ...... 1,338.05 3/31 4/5 Mexico ...... 1,008.00 ...... (3) ...... 1,008.00 Hon. Frank Lucas ...... 3/31 4/5 Mexico ...... 1,008.00 ...... (3) ...... 1,008.00 Hon. Collin Peterson ...... 3/22 3/28 Canada ...... 1,338.05 ...... (3) ...... 1,338.05 Hon. Nick Smith ...... 3/31 4/5 Mexico ...... 1,008.00 ...... (3) ...... 1,008.00 Hon. Robert F. Smith ...... 3/22 3/28 Canada ...... 1,338.05 ...... (3) ...... 2,894.39 ...... 4,232.44 3/31 4/5 Mexico ...... 1,008.00 ...... (3) ...... 1,008.00 Hon. Charles Stenholm ...... 3/23 3/28 Canada ...... 1,231.78 ...... 4 329.00 ...... 1,560.78 Andrew Baker ...... 3/22 3/28 Canada ...... 1,338.05 ...... (3) ...... 1,338.05 3/30 4/4 Mexico ...... 995.50 ...... 51,251.42 ...... 2,246.92 Sharla Moffett ...... 3/22 3/28 Canada ...... 1,338.05 ...... (3) ...... 1,338.05 Michael Neruda ...... 3/22 3/28 Canada ...... 1,338.05 ...... (3) ...... 1.338.05 Bryce Quick ...... 3/22 3/28 Canada ...... 1,338.05 ...... (3) ...... 1,338.05 3/30 4/5 Mexico ...... 1,178.50 ...... 5 1,348.42 ...... 2,526.92 Jason Vaillancourt ...... 3/22 3/28 Canada ...... 1,338.05 ...... (3) ...... 1,338.05 Mason Wiggins ...... 3/31 4/5 Mexico ...... 1,008.00 ...... (3) ...... 1,008.00 Paul Unger ...... 3/22 3/28 Canada ...... 1,338.05 ...... (3) ...... 1,338.05 3/30 4/5 Mexico ...... 1,178.50 ...... 5 1,926.42 ...... 3,104.92 H2586 CONGRESSIONAL RECORD — HOUSE May 13, 1997 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1997— Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Committee total ...... 40,573.67 ...... 40,230.76 ...... 2,952.79 ...... 83,757.22 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 In addition to military transportation. 5 Commercial airfare. BOB SMITH, Chairman, Apr. 28, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Sonny Callahan ...... 1/11 1/13 Israel ...... 417.00 ...... (3) ...... 417.00 1/13 1/14 Jordan ...... 251.00 ...... (3) ...... 251.00 1/14 1/17 Egypt ...... 701.00 ...... (3) ...... 701.00 1/17 1/18 Morocco ...... 195.00 ...... (3) ...... 195.00 1/19 1/20 Ireland ...... 352.00 ...... (3) ...... 352.00 Hon. Jay Dickey ...... 1/9 1/12 China ...... 702.00 ...... (3) ...... 702.00 1/12 1/13 Thailand ...... 217.00 ...... (3) ...... 217.00 1/13 1/15 Cambodia ...... 555.00 ...... (3) ...... 555.00 1/15 1/18 Hong Kong ...... 1,163.00 ...... (3) ...... 1,163.00 Hon. Thomas Foglietta ...... 3/7 3/10 Haiti ...... 736.00 ...... 1,005.95 ...... 1,741.95 Hon. Michael Forbes ...... 1/11 1/13 Israel ...... 417.00 ...... (3) ...... 417.00 1/13 1/14 Jordan ...... 251.00 ...... (3) ...... 251.00 1/14 1/17 Egypt ...... 701.00 ...... (3) ...... 701.00 1/17 1/18 Morocco ...... 195.00 ...... (3) ...... 195.00 1/19 1/20 Ireland ...... 352.00 ...... (3) ...... 352.00 Hon. Joe Knollenberg ...... 1/11 1/13 Israel ...... 417.00 ...... (3) ...... 417.00 1/13 1/14 Jordan ...... 251.00 ...... (3) ...... 251.00 1/14 1/17 Egypt ...... 701.00 ...... (3) ...... 701.00 1/17 1/18 Morocco ...... 195.00 ...... (3) ...... 195.00 1/19 1/20 Ireland ...... 352.00 ...... (3) ...... 352.00 Hon. Nita Lowey ...... 1/11 1/13 Israel ...... 417.00 ...... (3) ...... 417.00 1/13 1/14 Jordan ...... 251.00 ...... (3) ...... 251.00 1/14 1/17 Egypt ...... 701.00 ...... (3) ...... 701.00 1/17 1/18 Morocco ...... 195.00 ...... (3) ...... 195.00 1/19 1/19 Ireland ...... 176.00 ...... (3) ...... 176.00 Commercial airfare ...... 684.93 ...... 684.93 Hon. Dan Miller ...... 1/9 1/12 China ...... 702.00 ...... (3) ...... 702.00 1/12 1/13 Thailand ...... 217.00 ...... (3) ...... 217.00 1/13 1/15 Cambodia ...... 555.00 ...... (3) ...... 555.00 1/15 1/18 Hong Kong ...... 1,163.00 ...... (3) ...... 1,163.00 Hon Ron Packard ...... 1/11 1/13 Israel ...... 417.00 ...... (3) ...... 417.00 1/13 1/14 Jordan ...... 251.00 ...... (3) ...... 251.00 1/14 1/17 Egypt ...... 701.00 ...... (3) ...... 701.00 1/17 1/18 Morocco ...... 195.00 ...... (3) ...... 195.00 1/19 1/20 Ireland ...... 352.00 ...... (3) ...... 352.00 Hon. John Porter ...... 1/9 1/12 China ...... 702.00 ...... (3) ...... 702.00 1/12 1/13 Thailand ...... 217.00 ...... (3) ...... 217.00 1/13 1/15 Cambodia ...... 555.00 ...... (3) ...... 555.00 1/15 1/18 Hong Kong ...... 1,163.00 ...... (3) ...... 1,163.00 Hon. Joe Skeen ...... 1/29 2/1 Panama ...... 225.00 ...... (3) ...... 225.00 Commercial airfare ...... 1,330.95 ...... 1,330.95 Hon. John Murtha ...... 3/24 3/25 Macedonia ...... 199.00 ...... (3) ...... 199.00 3/25 3/25 Bosnia ...... 3/25 3/26 Hungary ...... 247.00 ...... (3) ...... 247.00 3/26 3/27 Belgium ...... 292.00 ...... (3) ...... 292.00 Hon. Charles Taylor ...... 2/16 2/21 Russia ...... 1,537.00 ...... (3) ...... 1,537.00 Commercial airfare ...... 1,885.95 ...... 1,885.95 Hon. James Walsh ...... 2/14 2/15 Ireland ...... 543.00 ...... (3) ...... 543.00 2/15 2/18 England ...... 1,002.00 ...... (3) ...... 1,002.00 Commercial airfare ...... 449.15 ...... 449.15 Hon. Roger Wicker ...... 1/9 1/12 China ...... 702.00 ...... (3) ...... 702.00 1/12 1/13 Thailand ...... 217.00 ...... (3) ...... 217.00 1/13 1/15 Cambodia ...... 555.00 ...... (3) ...... 555.00 1/15 1/18 Hong Kong ...... 1,163.00 ...... (3) ...... 1,163.00 Hon. Frank Wolf ...... 1/9 1/11 Thailand ...... 115.00 ...... 115.00 1/12 1/16 Indonesia ...... 781.00 ...... (3) ...... 781.00 1/16 1/17 Hong Kong ...... 205.00 ...... (3) ...... 205.00 Commercial airfare ...... 5,096.57 ...... 5,096.57 John Blazey II ...... 1/10 1/11 Panama ...... 378.00 ...... (3) ...... 45.00 ...... 423.00 1/12 1/15 Bolivia ...... 448.00 ...... (3) ...... 448.00 1/16 1/17 Colombia ...... 424.00 ...... (3) ...... 424.00 1/17 1/20 Puerto Rico ...... 600.00 ...... (3) ...... 600.00 Commercial airfare ...... 977.00 ...... 977.00 James Dyer ...... 1/14 1/16 Egypt ...... 701.00 ...... (3) ...... 701.00 1/16 1/18 Morocco ...... 195.00 ...... (3) ...... 195.00 1/19 1/20 Ireland ...... 352.00 ...... (3) ...... 352.00 Commercial airfare ...... 2,275.20 ...... 2,275.20 James Dyer ...... 3/24 3/25 Macedonia ...... 199.00 ...... (3) ...... 199.00 3/25 3/25 Bosnia ...... 3/25 3/26 Hungary ...... 247.00 ...... (3) ...... 247.00 3/26 3/27 Belgium ...... 292.00 ...... (3) ...... 292.00 Charles Flickner ...... 1/14 1/16 Egypt ...... 701.00 ...... (3) ...... 701.00 1/16 1/18 Morocco ...... 195.00 ...... (3) ...... 195.00 1/19 1/20 Ireland ...... 352.00 ...... (3) ...... 352.00 Commercial airfare ...... 2,275.20 ...... 2,275.20 Douglas Gregory ...... 2/16 2/17 Panama ...... 129.00 ...... (3) ...... 129.00 2/17 2/18 Colombia ...... 162.00 ...... (3) ...... 162.00 Stephanie Gupta ...... 1/26 1/29 Luxembourg ...... 816.00 ...... (3) ...... 63.74 ...... 879.74 Commercial airfare ...... 3,212.85 ...... 3,212.85 Wiliam Inglee ...... 1/11 1/13 Israel ...... 417.00 ...... (3) ...... 417.00 1/13 1/14 Jordan ...... 251.00 ...... (3) ...... 251.00 1/14 1/17 Egypt ...... 701.00 ...... (3) ...... 701.00 1/17 1/18 Morocco ...... 195.00 ...... (3) ...... 195.00 1/19 1/20 Ireland ...... 352.00 ...... (3) ...... 352.00 Therese McAuliffe ...... 1/10 1/11 Panama ...... 378.00 ...... ( 3 ) ...... 378.00 1/12 1/15 Bolivia ...... 448.00 ...... ( 3 ) ...... 448.00 May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2587 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1997— Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

1/16 1/17 Colombia ...... 424.00 ...... ( 3 ) ...... 424.00 1/17 1/20 Puerto Rico ...... 635.00 ...... ( 3 ) ...... 635.00 Commercial airfare ...... 1,208.00 ...... 1,208.00 Carol Murphy ...... 1/29 2/1 Panama ...... 225.00 ...... ( 3 ) ...... 225.00 Commercial airfare ...... 638.95 ...... 638.95 Mark Murray ...... 1/11 1/13 Israel ...... 417.00 ...... ( 3 ) ...... 417.00 1/13 1/14 Jordan ...... 251.00 ...... ( 3 ) ...... 251.00 1/14 1/17 Egypt ...... 701.00 ...... ( 3 ) ...... 701.00 1/17 1/18 Morocco ...... 195.00 ...... 195.00 1/19 1/20 Ireland ...... 352.00 ...... ( 3 ) ...... 352.00 John Plashal ...... 3/24 3/25 Macedonia ...... 199.00 ...... ( 3 ) ...... 199.00 3/25 3/25 Bosnia ...... 3/25 3/26 Hungary ...... 247.00 ...... ( 3 ) ...... 247.00 3/26 3/27 Belgium ...... 292.00 ...... ( 3 ) ...... 292.00 John Shank ...... 1/9 1/12 China ...... 702.00 ...... (3) ...... 702.00 1/12 1/13 Thailand ...... 217.00 ...... (3) ...... 217.00 1/13 1/15 Cambodia ...... 555.00 ...... (3) ...... 555.00 1/15 1/18 Hong Kong ...... 1,163.00 ...... (3) ...... 1,163.00 John Ziolkowski ...... 1/29 2/1 Panama ...... 225.00 ...... (3) ...... 225.00 Commercial airfare ...... 638.95 ...... 638.95 Committee total ...... 41,452.00 ...... 21,679.65 ...... 223.74 ...... 63,355.39

Committee on Appropriations, Surveys and Inves- tigations staff: Bertram F. Dunn ...... 1/28 1/30 Okinawa ...... 326.25 ...... 4,611.22 ...... 102.00 ...... 5,039.47 Norman H. Gardner, Jr ...... 1/18 1/25 Japan ...... 1,349.00 ...... 4,982.03 ...... 29.70 ...... 6,361.63 1/25 1/30 Korea ...... 1,310.00 ...... 1,310.00 Carroll L. Hauver ...... 1/18 1/25 Japan ...... 1,349.00 ...... 4,982.93 ...... 48.50 ...... 6,380.43 1/25 1/30 Korea ...... 1,310.00 ...... 1,310.00 Robert J. Reitwiesner ...... 1/26 1/30 Korea ...... 1,048.00 ...... 3,577.95 ...... 39.80 ...... 4,665.75 R.W. Vandergrift, Jr ...... 1/18 1/22 Japan ...... 813.25 ...... 4,905.43 ...... 63.90 ...... 5,782.58 Peter T. Wyman ...... 1/28 1/30 Okinawa ...... 326.25 ...... 4,611.22 ...... 76.00 ...... 5,013.47 Committee total ...... 7,831.75 ...... 27,671.68 ...... 359.90 ...... 35,863.33 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. BOB LIVINGSTON, Chairman, May 6, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Constance Morella ...... 1/9 1/12 Beijing ...... 702.00 ...... 30.29 ...... 128.90 ...... 861.19 1/12 1/13 Thailand ...... 217.00 ...... 19.19 ...... 256.48 ...... 492.67 1/14 (3) Vietnam ...... 555.00 ...... 190.50 ...... 121.50 ...... 867.00 (3) 1/18 Hong Kong ...... (3) ...... (3) ...... (3) ...... Committee total ...... 1,474.00 ...... 239.98 ...... 506.88 ...... 2,220.86 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Information not available from Department of State, May 5, 1997. DAN BURTON, Chairman, May 5, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATIONAL SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Visit to Israel, Jordan, Egypt and Morocco, January 11–18, 1997: Hon. Terry Everett ...... 1/11 1/13 Israel ...... 417.00 ...... 417.00 1/13 1/14 Jordan ...... 251.00 ...... 251.00 1/14 1/17 Egypt ...... 701.00 ...... 701.00 1/17 1/18 Morocco ...... 195.00 ...... 195.00 Commercial airfare ...... 2,743.68 ...... 2,743.68 Visit to Japan, Korea and Thailand, January 13–20, 1997: Hon. Floyd D. Spence ...... 1/13 1/15 Japan ...... 656.00 ...... 656.00 1/15 1/17 Korea ...... 624.00 ...... 624.00 1/17 1/20 Thailand ...... 651.00 ...... 651.00 Hon. Duncan Hunter ...... 1/13 1/15 Japan ...... 656.00 ...... 656.00 1/15 1/17 Korea ...... 624.00 ...... 624.00 1/17 1/20 Thailand ...... 651.00 ...... 651.00 Hon. Solomon P. Ortiz ...... 1/13 1/15 Japan ...... 656.00 ...... 656.00 1/15 1/17 Korea ...... 624.00 ...... 624.00 Commercial airfare ...... 1,379.95 ...... 1,379.95 Hon. Owen B. Pickett ...... 1/13 1/15 Japan ...... 656.00 ...... 656.00 1/15 1/17 Korea ...... 624.00 ...... 624.00 1/17 1/20 Thailand ...... 651.00 ...... 651.00 Hon. Steve Buyer ...... 1/13 1/15 Japan ...... 656.00 ...... 656.00 1/15 1/17 Korea ...... 624.00 ...... 624.00 1/17 1/20 Thailand ...... 651.00 ...... 651.00 Hon. Tillie Fowler ...... 1/13 1/15 Japan ...... 656.00 ...... 656.00 1/15 1/17 Korea ...... 624.00 ...... 624.00 1/17 1/20 Thailand ...... 651.00 ...... 651.00 Hon. Howard ‘‘Buck’’ McKeon ...... 1/13 1/15 Japan ...... 656.00 ...... 656.00 1/15 1/17 Korea ...... 624.00 ...... 624.00 1/17 1/20 Thailand ...... 651.00 ...... 651.00 Hon. Andrew K. Ellis ...... 1/13 1/15 Japan ...... 656.00 ...... 656.00 H2588 CONGRESSIONAL RECORD — HOUSE May 13, 1997 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATIONAL SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1997— Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

1/15 1/17 Korea ...... 624.00 ...... 624.00 1/17 1/20 Thailand ...... 651.00 ...... 651.00 Peter M. Steffes ...... 1/13 1/15 Japan ...... 656.00 ...... 656.00 1/15 1/17 Korea ...... 624.00 ...... 624.00 1/17 1/20 Thailand ...... 651.00 ...... 651.00 Andrea K. Aquino ...... 1/13 1/15 Japan ...... 656.00 ...... 656.00 1/15 1/17 Korea ...... 624.00 ...... 624.00 1/17 1/20 Thailand ...... 651.00 ...... 651.00 Visit to China, Hong Kong and Taiwan, January 23–31, 1997: Hon. Curt Weldon ...... 1/23 1/28 China ...... 1,170.00 ...... 1,170.00 1/28 1/29 Hong Kong ...... 394.00 ...... 394.00 1/29 1/31 Taiwan ...... 564.00 ...... 564.00 Hon. Solomon P. Ortiz ...... 1/23 1/28 China ...... 1,170.00 ...... 1,170.00 1/28 1/29 Hong Kong ...... 394.00 ...... 394.00 1/29 1/31 Taiwan ...... 564.00 ...... 564.00 Hon. John M. McHugh ...... 1/23 1/28 China ...... 1,170.00 ...... 1,170.00 1/28 1/29 Hong Kong ...... 394.00 ...... 394.00 1/29 1/31 Taiwan ...... 564.00 ...... 564.00 Stephen P. Ansley ...... 1/23 1/28 China ...... 1,170.00 ...... 1,170.00 1/28 1/29 Hong Kong ...... 394.00 ...... 394.00 1/29 1/31 Taiwan ...... 564.00 ...... 564.00 David J. Trachtenberg ...... 1/23 1/28 China ...... 1,170.00 ...... 1,170.00 1/28 1/29 Hong Kong ...... 394.00 ...... 394.00 1/29 1/31 Taiwan ...... 564.00 ...... 564.00 Delegation expenses ...... 1/23 1/28 China ...... 1,980.09 ...... 770.64 ...... 2,750.73 1/28 1/29 Hong Kong ...... 302.88 ...... 1,994.82 ...... 2,297.70 Visit to Panama, Colombia, and Honduras, Feb- ruary 14–20, 1997: Hon. Gene Taylor ...... 2/14 2/19 Panama ...... 895.00 ...... 895.00 2/15 2/15 Colombia ...... 0.00 ...... 0.00 2/19 2/20 Honduras ...... 158.00 ...... 158.00 Commercial airfare ...... 370.40 ...... 370.40 George O. Withers ...... 2/15 2/19 Panama ...... 716.00 ...... 716.00 2/19 2/20 Honduras ...... 158.00 ...... 158.00 Commercial airfare ...... 948.00 ...... 948.00 Visit to Russia, February 17–21, 1997: Hon. Curt Weldon ...... 2/17 2/21 Russia ...... 1,537.00 ...... 1,537.00 Commercial airfare ...... 1,852.66 ...... 1,852.66 Visit to China, March 24–28, 1997: Hon. Curt Weldon ...... 2/24 2/28 China ...... (3) ...... Commercial airfare ...... 3,986.95 ...... 3,986.95 Visit to Panama, March 26–28, 1997: Hon. Lindsey O. Graham ...... 3/26 3/28 Panama ...... 202.00 ...... 202.00 Committee total ...... 34,529.00 ...... 13,564.61 ...... 2,765.46 ...... 50,859.07 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Per diem amounts unavailable at this time. FLOYD SPENCE, Chairman, Apr. 30, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RESOURCES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

T.E. Manase Mansur ...... 1/28 1/31 Marshall Islands ...... 519.33 ...... 2,008.95 ...... 2,528.28 Bonnie Bruce ...... 3/15 3/24 Italy ...... 2,361,735 1,395.00 ...... 779.85 ...... 2,174.85 Jean Flemma ...... 3/15 3/23 Italy ...... 2,361,735 1,395.00 ...... 779.85 ...... 2,174.85 Committee total ...... 3,309.33 ...... 3,568.65 ...... 6,877.98 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DON YOUNG, Chairman, Apr. 15, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN, JAN. 1 AND MAR. 31, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Jim Oberstar ...... 1/16 1/16 Canada ...... 75.00 ...... 706.40 ...... 781.40 Michael Strachn ...... 1/16 1/16 Canada ...... 75.00 ...... 706.40 ...... 781.40 Arthur Chan ...... 1/16 1/16 Canada ...... 75.00 ...... 706.40 ...... 781.40 Hon. William Lipinski ...... 1/9 1/12 China ...... 702.00 ...... 702.00 1/12 1/13 Thailand ...... 217.00 ...... 217.00 1/13 1/15 Cambodia ...... 555.00 ...... 555.00 1/15 1/18 Hong Kong ...... 1,163.00 ...... 1,163.00 Hon. Jerry Costello ...... 1/9 1/12 China ...... 702.00 ...... ( 3 ) ...... 702.00 1/12 1/13 Thailand ...... 217.00 ...... ( 3 ) ...... 217.00 1/13 1/15 Cambodia ...... 555.00 ...... ( 3 ) ...... 555.00 1/15 1/18 Hong Kong ...... 1,163.00 ...... ( 3 ) ...... 1,163.00 Hon. Charles Pickering ...... 2/17 2/18 Italy ...... 242.00 ...... 242.00 2/18 2/20 Germany ...... 546.00 ...... 546.00 Hon. Charles Bass ...... 2/17 2/18 Italy ...... 242.00 ...... ( 3 ) ...... 242.00 2/18 2/20 Germany ...... 546.00 ...... ( 3 ) ...... 546.00 Committee total ...... 7,075.00 ...... 2,119.20 ...... 9,194.20 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military airfare. BUD SHUSTER, Chairman, Apr. 30, 1997. May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2589 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Norm Dicks ...... 2/16 2/23 South Asia ...... 987.00 ...... 987.00 Commercial airfare ...... 8,273.65 ...... 8,273.65 Michael Sheehy ...... 2/16 2/20 South Asia ...... 987.00 ...... 987.00 Commercial airfare ...... 8,273.65 ...... 8,273.65 Ken Kodama ...... 2/16 2/20 South Asia ...... 987.00 ...... 987.00 Commercial airfare ...... 8,193.65 ...... 8,193.65 Hon. David Skaggs ...... 2/20 2/24 Europe ...... 1,228.00 ...... 78.95 ...... 1,306.95 Commercial airfare ...... 412.35 ...... 412.35 Committee total ...... 4,189.00 ...... 25,153.30 ...... 78.95 ...... 29,421.25 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h PORTER J. GOSS, Chairman, Apr. 30, 1997.

EXECUTIVE COMMUNICATIONS, tions were introduced and severally re- By Ms. RIVERS: ETC. ferred as follows: H.R. 1586. A bill to amend the Solid Waste Disposal Act to require a refund value for Under clause 2 of rule XXIV, execu- By Mr. CARDIN (for himself and Mr. certain beverage containers, to provide re- tive communications were taken from GILCHREST): sources for State pollution prevention and H.R. 1578. A bill to amend the Federal recycling programs, and for other purposes; the Speaker’s table and referred as fol- Water Pollution Control Act to assist in the to the Committee on Commerce. lows: restoration of the Chesapeake Bay, and for By Mr. RUSH: 3278. A letter from the Acting Assistant other purposes; to the Committee on Trans- H.R. 1587. A bill to amend title 49, United Secretary for International Security Policy, portation and Infrastructure. States Code, to prohibit the transportation Department of Defense, transmitting notifi- By Mr. GILCHREST (for himself and to chemical oxygen generators as cargo on cation that the calendar year 1996 report on Mr. CARDIN): any aircraft carrying passengers or cargo in H.R. 1579. A bill to establish a Chesapeake accounting for United States assistance air commerce, and for other purposes; to the Bay Gateways and Watertrails Network, and under the Cooperative Threat Reduction Committee on Transportation and Infra- for other purposes; to the Committee on Re- [CTR] Program will be submitted on or structure. sources. about April 30, 1997; to the Committee on By Mr. SNOWBARGER (for himself, By Mr. GILMAN: International Relations. Mr. COBURN, Mr. HASTINGS of Wash- 3279. A letter from the Chairman, Federal H.R. 1580. A bill to amend title 38, United States Code, to provide for certain improve- ington, Mr. PITTS, Mr. WELDON of Election Commission, transmitting a copy of Florida, Mr. PETERSON of Pennsylva- the annual report in compliance with the ments in the way in which health-care re- sources are allocated by the Department of nia, Mrs. NORTHUP, Mr. DICKEY, Mr. Government in the Sunshine Act during the JONES, Mr. LEWIS of Kentucky, Mr. calendar year 1996, pursuant to 5 U.S.C. Veterans Affairs, and for other purposes; to the Committee on Veterans’ Affairs. BARTLETT of Maryland, Mr. GRAHAM, 552b(j); to the Committee on Government Re- Mr. HILLEARY, Mr. RYUN, and Mr. form and Oversight. By Mr. COBLE: H.R. 1581. A bill to reauthorize the program TIAHRT): 3280. A letter from the General Manager, established under chapter 44 of title 28, Unit- H.R. 1588. A bill to prohibit the payment of Washington Metropolitan Area Transit Au- ed States Code, relating to arbitration; to any arrearages for prior years in the assessed thority [METRO], transmitting the com- the Committee on the Judiciary. contribution of the United States to the prehensive annual financial report [CAFR] By Mr. COOKSEY: United Nations until certain reforms in the for the fiscal year ended June 30, 1996, pursu- H.R. 1582. A bill to amend the Internal Rev- United Nations have been implemented and a ant to 31 U.S.C. 3512(c)(3); jointly, to the enue Code of 1986 to repeal restrictions on certification of such reforms has been ap- Committees on Transportation and Infra- taxpayers having medical savings accounts; proved by the Congress; to the Committee on structure and Government Reform and Over- to the Committee on Ways and Means. International Relations, and in addition to sight. By Ms. HOOLEY of Oregon (for herself the Committee on Rules, for a period to be f and Mr. COOKSEY): subsequently determined by the Speaker, in H.R. 1583. A bill to amend the Internal Rev- each case for consideration of such provi- REPORTS OF COMMITTEES ON enue Code of 1986 to provide an exclusion sions as fall within the jurisdiction of the PUBLIC BILLS AND RESOLUTIONS from estate tax for family-owned businesses; committee concerned. By Mr. SCARBOROUGH: Under clause 2 of rule XIII, reports of to the Committee on Ways and Means. By Mr. SAM JOHNSON (for himself, H. Con. Res. 78. Concurrent resolution re- committees were delivered to the Clerk Mr. BURTON of Indiana, Mr. TIAHRT, jecting the need for an additional round or for printing and reference to the proper Mr. BARR of Georgia, Mr. CRANE, Mr. rounds of military base closures; to the Com- calendar, as follows: POMBO, Mr. LEWIS of Kentucky, Mr. mittee on National Security. By Mr. MCKEON: Mr. GOODLING: Committee on Education HOSTETTLER, Mr. SESSIONS, Mr. H. Res. 145. Resolution providing for the and the Workforce. H.R. 5. A bill to amend CHABOT, Mr. BOB SCHAFFER, and Mr. concurrence of the House with the amend- the Individuals with Disabilities Education GRAHAM): ment of the Senate to H.R. 914, with amend- Act, to reauthorize and make improvements H.R. 1584. A bill to amend the Internal Rev- ments; considered and agreed to. to that act, and for other purposes; with an enue Code of 1986 to provide all taxpayers By Mr. LEWIS of California (for him- amendment (Rept. 105–95). Referred to the with a 50-percent deduction for capital gains, self, Mr. GINGRICH, Mr. GEPHARDT, Committee of the Whole House on the State to index the basis of certain capital assets, Mr. STOKES, Mr. LAZIO of New York, of the Union. to provide credits for families, to phase-out Mr. KENNEDY of Massachusetts, and Mr. SOLOMON: Committee on Rules. the estate and gift taxes, and for other pur- Ms. NORTON): House Resolution 146. Resolution providing poses; to the Committee on Ways and Means. By Ms. MOLINARI (for herself, Mr. H. Res. 147. Resolution expressing the sense for consideration of the bill (H.R. 1469) mak- of the House of Representatives that the FAZIO of California, and Mr. NOR- ing emergency supplemental appropriations House of Representatives should participate for recovery from natural disasters, and for WOOD): H.R. 1585. A bill to allow postal patrons to in and support activities to provide decent overseas peacekeeping efforts, including homes for the people of the United States, those in Bosnia, for the fiscal year ending contribute to funding for breast cancer re- search through the voluntary purchase to and for other purposes; to the Committee on September 30, 1997, and for other purposes Banking and Financial Services. (Rept. 105–96). Referred to the House Cal- certain specially issued U.S. postage stamps; f endar. to the Committee on Government Reform and Oversight, and in addition to the Com- MEMORIALS f mittees on Commerce, and National Secu- Under clause 4 of rule XXII, PUBLIC BILLS AND RESOLUTIONS rity, for a period to be subsequently deter- mined by the Speaker, in each case for con- 83. The SPEAKER presented a memorial of Under clause 5 of rule X and clause 4 sideration of such provisions as fall within the Legislature of the State of Hawaii, rel- of rule XXII, public bills and resolu- the jurisdiction of the committee concerned. ative to House Concurrent Resolution No. 76 H2590 CONGRESSIONAL RECORD — HOUSE May 13, 1997

HD2 supporting implementation of expedited NORTON, Mr. MASCARA, Mr. COOK, Mr. CON- H.R. 1496: Mr. SHAYS. automatic border clearance; extension of the YERS, Mr. RAHALL, Mr. TORRES, Ms. WOOL- H.R. 1500: Mr. PASCRELL and Mr. ADAM Visa Waiver Program; and elimination of SEY, Mr. MCGOVERN, Mr. ROTHMAN, and Ms. SMITH of Washington. visa requirements where possible; to the LOFGREN. H.R. 1503: Mrs. NORTHUP. Committee on the Judiciary. H.R. 919: Mr. PASCRELL. H.R. 1507: Mr. GILMAN, Mr. FAZIO of Califor- f H.R. 920: Ms. DELAURO, Mr. FORD, Ms. KIL- nia, Mr. CLYBURN, Mr. HINCHEY, Mr. MCGOV- PATRICK, Mr. HOLDEN, Ms. DEGETTE, and Mr. ERN, and Mr. HILLIARD. PRIVATE BILLS AND SHAYS. H.R. 1511: Mr. BUYER and Mr. PASCRELL. RESOLUTIONS H.R. 952: Mr. JACKSON. H.R. 1515: Mr. BUYER, Mr. JACKSON, Mr. H.R. 955: Mr. STUMP, Mr. HUNTER, Mr. TAYLOR of North Carolina, Mr. HUTCHINSON, Under clause 1 of rule XXII, PAUL, Mr. GILLMOR, and Mr. SKEEN. Mr. KLUG, and Mr. COBLE. Mr. FORBES introduced a bill (H.R. 1589) H.R. 956: Mr. MCCOLLUM and Mr. HOBSON. H.R. 1532: Mr. CUNNINGHAM, Mr. TALENT, to authorize the Secretary of Transportation H.R. 977: Mr. CHRISTENSEN, Mr. EVANS, Mrs. Mr. LANTOS, Mr. GUTIERREZ, Mr. UNDERWOOD, to issue a certificate of documentation with MINK of Hawaii, Mr. MORAN of Virginia, Mr. and Mr. COX of California. appropriate endorsement for employment in DAVIS of Virginia, Ms. KAPTUR, Mr. SAWYER, H.R. 1549: Mr. EVANS and Mr. BLUNT. the coastwise trade and fisheries for the ves- and Mr. HILLIARD. H.R. 1550: Mr. SENSENBRENNER and Mr. sel Precious Metal; which was referred to the H.R. 979: Mr. CAMP, Mr. ADERHOLT, Mr. ROTHMAN. Committee on Transportation and Infra- ETHERIDGE, Mr. FORD, Mr. BROWN of Califor- H.J. Res. 59: Mrs. EMERSON. structure. nia, Mr. FARR of California, Ms. HOOLEY of H.J. Res. 65: Mr. THOMPSON. Oregon, Mr. ENSIGN, Mr. MCGOVERN, and Ms. f H.J. Res. 67: Mr. SENSENBRENNER, Mr. MAN- PELOSI. TON, Mr. WHITFIELD, Mr. BLUNT, Mr. ADDITIONAL SPONSORS H.R. 991: Mr. LEWIS of California. HILLEARY, Mr. ARCHER, and Mr. BARTON of H.R. 1022: Mr. PITTS and Mrs. LOWEY. Texas. Under clause 4 of rule XXII, sponsors H.R. 1038: Mr. EVANS and Mr. MARTINEZ. H.J. Res. 76: Mr. ENGLISH of Pennsylvania, were added to public bills and resolu- H.R. 1046: Mr. HALL of Ohio. Mr. ENGEL, Ms. ESHOO, Mr. FILNER, Mr. tions as follows: H.R. 1063: Mr. LATOURETTE, Mr. BOSWELL, FRANK of Massachusetts, Mr. LANTOS, Mr. Mr. BARCIA of Michigan, Mr. BAKER, Mr. H.R. 12: Mr. BLAGOJEVICH. MATSUI, Mr. MCHALE, and Mr. YATES. PRICE of North Carolina, and Mr. BLUNT. H.R. 59: Mr. SALMON, Mr. TIAHRT, Mrs. H. Con. Res. 12: Mr. HOLDEN. H.R. 1104: Ms. BROWN of Florida, Mr. FOWLER, Mr. BATEMAN, Mr. MANZULLO, Mr. H. Con. Res. 13: Mr. JACKSON. CLYBURN, Mr. JACKSON, Ms. JACKSON-LEE, SPENCE, Mr. WELDON of Florida, and Mr. H. Con. Res. 55: Ms. ROYBAL-ALLARD and Mrs. MEEK of Florida, and Mr. TOWNS. WOLF. Mr. ROTHMAN. H.R. 1120: Mr. CAPPS, Mr. POSHARD, and Mr. H.R. 69: Mr. LEWIS of Georgia and Mr. H. Con. Res. 65: Mr. JOHNSON of Wisconsin, ANDREWS. SNOWBARGER. Mr. TAUZIN, Mrs. MEEK of Florida, Mr. FARR H.R. 1130: Ms. ESHOO. H.R. 71: Mr. CALVERT. of California, Mr. FRANK of Massachusetts, H.R. 1146: Mr. HALL of Texas. ISHOP AMPBELL Mr. STUMP, Mr. KING of New York, Mr. H.R. 96: Mr. B , Mr. C , Mr. H.R. 1147: Mr. CANADY of Florida. WALSH, Mrs. TAUSCHER, Mr. EVANS, Mr. DIAZ- SHUSTER, and Mr. FOGLIETTA. H.R. 1156: Mr. ROTHMAN. BALART, Mr. BATEMAN, Mr. CALVERT, and Ms. H.R. 145: Mr. PASCRELL, Mr. BARCIA of H.R. 1162: Mr. CANADY of Florida. MILLENDER-MCDONALD. Michigan, and Mr. CRAMER. H.R. 1165: Mr. GRAHAM. H. Con. Res. 75: Ms. BROWN of Florida, Mr. H.R. 245: Mr. CANADY of Florida. H.R. 1204: Mr. KINGSTON. LAMPSON, and Mr. SCHIFF. H.R. 264: Mr. MEEHAN and Mr. TOWNS. H.R. 1215: Mr. NEAL of Massachusetts, Mr. H. Res. 37: Mr. HOYER. H.R. 306: Mr. FOLEY, Mr. MANTON, and Mr. BLAGOJEVICH, and Mr. KENNEDY of Massachu- H. Res. 103: Mr. BARRETT of Nebraska, Mr. BALDACCI. setts. CUNNINGHAM, and Mr. STEARNS. H.R. 328: Mr. HUNTER. H.R. 1245: Mr. THOMPSON. H.R. 407: Mr. DOOLEY of California, Ms. WA- H.R. 1248: Mr. WATTS of Oklahoma, Mr. f TERS, Mr. FOX of Pennsylvania, Mr. PALLONE, BUNNING of Kentucky, and Mr. TURNER. Mr. HOLDEN, Mrs. MCCARTHY of New York, DELETIONS OF SPONSORS FROM H.R. 1252: Mr. SENSENBRENNER. PUBLIC BILLS AND RESOLUTIONS and Mr. HORN. H.R. 1260: Mr. CRAMER, Mr. LEACH, Mr. H.R. 411: Mr. JACKSON and Mr. SABO. TANNER, Mr. MALONEY of Connecticut, Mr. Under clause 4 of rule XXII, sponsors H.R. 450: Mr. CARDIN. GOODE, Mr. FARR of California, and Mr. WATT were deleted from public bills and reso- H.R. 475: Mrs. LOWEY, Mr. FARR of Califor- of North Carolina. lutions as follows: nia, and Mr. TURNER. H.R. 1270: Mr. ROHRABACHER, Mr. RYUN, Mr. H.R. 590: Mr. JOHNSON of Wisconsin. H.R. 598: Mr. PETERSON of Pennsylvania. HILLEARY, Mr. MORAN of Kansas, Mr. COBLE, H.R. 695: Ms. EDDIE BERNICE JOHNSON of H.R. 616: Mr. COOKSEY and Mr. ENGEL. Mr. WELLER, Mr. TAYLOR of North Carolina, Texas. H.R. 630: Ms. ESHOO. Mr. CANADY of Florida, Mr. SANFORD, Mr. H.R. 639: Mrs. CHENOWETH. DIAZ-BALART, and Mr. DUNCAN. f H.R. 681: Mr. BILBRAY, Mr. FAZIO of Califor- H.R. 1285: Mr. CRANE and Mr. FOX of Penn- AMENDMENTS nia, Mr. KIM, Mr. GALLEGLY and Mr. THOMAS. sylvania. H.R. 725: Mr. DEAL of Georgia. H.R. 1288: Mr. MATSUI, Mr. HINCHEY, and Under clause 6 of rule XXIII, pro- H.R. 744: Mr. MARTINEZ, Mr. FORD, Ms. KIL- Mr. LEWIS of Georgia. posed amendments were submitted as PATRICK, Mr. KLINK, and Ms. EDDIE BERNICE H.R. 1302: Mr. LEWIS of Georgia and Ms. follows: JOHNSON of Texas. DEGETTE. H.R. 2 H.R. 754: Mrs. TAUSCHER. H.R. 1306: Mr. GILMAN, Mr. CHRISTENSEN, H.R. 758: Mr. HILLEARY, Mr. ISTOOK, Mr. and Mr. LOBIONDO. OFFERED BY: MR. NADLER BONILLA, Mr. BLUNT, Mr. COMBEST, Mr. H.R. 1321: Mr. PRICE of North Carolina. AMENDMENT NO. 55: Page 335, after line 6, STUMP, and Mr. STEARNS. H.R. 1329: Mr. BACHUS, Mr. FARR of Califor- insert the following new section: H.R. 789: Mrs. NORTHUP. nia, Mr. EVANS, and Mr. LEWIS of Georgia. SEC. 709. TRANSFER OF SURPLUS REAL PROP- H.R. 805: Mrs. THURMAN. H.R. 1335: Mr. BROWN of California. ERTY FOR PROVIDING HOUSING FOR H.R. 816: Mrs. JOHNSON of Connecticut, H.R. 1353: Mr. NEUMANN and Mr. BARRETT LOW- AND MODERATE-INCOME FAMI- Mrs. EMERSON, and Mr. KING of New York. of Wisconsin. LIES. H.R. 864: Ms. CHRISTIAN-GREEN, Mr. JACK- H.R. 1377: Mr. KOLBE, Mr. OLVER, Mr. GRA- (a) IN GENERAL.—Notwithstanding any SON, Mrs. CLAYTON, Mr. ENGEL, Mr. HORN, HAM, and Mr. MILLER of California. other provision of law (including the Federal Mr. FOX of Pennsylvania, Mr. HEFLEY, Mr. H.R. 1379: Mrs. CHENOWETH. Property and Administrative Services Act of LEWIS of Georgia, and Mr. SCHUMER. H.R. 1419: Mr. CANADY of Florida and Mr. 1949), the property known as 252 Seventh Av- H.R. 875: Mr. RAHALL, Mr. MARKEY, Mr. SCHIFF. enue in New York County, New York is au- WAMP, Mr. SHUSTER, Mr. CHAMBLISS, Mr. H.R. 1425: Mr. CAPPS, Mr. FILNER, Mr. thorized to be conveyed in its existing condi- BARR of Georgia, Mr. KOLBE, Mr. WELDON of VENTO, and Mr. WAXMAN. tion under a public benefit discount to a non- Pennsylvania, Mrs. MEEK of Florida, and Mr. H.R. 1437: Mr. HINCHEY and Mr. TRAFICANT. profit organization that has among its pur- HILLIARD. H.R. 1443: Mr. COX of California and Mr. poses providing housing for low-income indi- H.R. 901: Mr. CAMP, Mr. KING of New York, CAMP. viduals or families provided, that such prop- Mr. PAPPAS, Mr. SESSIONS, Ms. GRANGER, Mr. H.R. 1450: Mr. GEPHARDT and Mr. LEWIS of erty is determined by the Administrator of DAN SCHAEFER of Colorado, and Mr. PACK- Georgia. General Services to be surplus to the needs ARD. H.R. 1455: Mr. DELLUMS, Mr. PAYNE, Mr. of the government and provided it is deter- H.R. 911: Mr. BLUNT. FOX of Pennsylvania, Mr. STARK, Mr. KEN- mined by the Secretary of Housing and H.R. 915: Mr. FILNER, Mr. DOYLE, Mr. NEDY of Rhode Island, and Mr. MANTON. Urban Development that such property will SHAYS, Mr. CLEMENT, Mr. BARCIA of Michi- H.R. 1461: Mr. MCCOLLUM. be used by such non-profit organization to gan, Mr. MARTINEZ, Mr. QUINN, Mr. DAN H.R. 1464: Mr. MCNULTY. provide housing for low- and moderate-in- SCHAEFER of Colorado, Mr. BLAGOJEVICH, Ms. H.R. 1480: Ms. BROWN of Florida. come families or individuals. May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2591

(b)(1) PUBLIC BENEFIT DISCOUNT.—The CONTINUING FUNDING any program, project, or activity for which amount of the public benefit discount avail- SEC. 402. (a) If any regular appropriation appropriations, funds, or other authority able under this section shall be 75 percent of bill for fiscal year 1998 does not become law were not available during fiscal year 1997. the estimated fair market value of the prop- prior to the beginning of fiscal year 1998 or a PROTECTION OF OTHER OBLIGATIONS erty, except that the Secretary may discount joint resolution making continuing appro- SEC. 407. Nothing in this title shall be con- by a greater percentage if the Secretary, in priations is not in effect, there is appro- strued to effect Government obligations consultation with the Administrator, deter- priated, out of any moneys in the Treasury mandated by other law, including obliga- mines that a higher percentage is justified not otherwise appropriated, and out of appli- tions with respect to Social Security, Medi- due to any benefit which will accrue to the cable corporate or other revenues, receipts, care, Medicaid, and veterans benefits. United States from the use of such property and funds, such sums as may be necessary to DEFINITION for the public purpose of providing low- and continue any program, project, or activity moderate-income housing. for which funds were provided in fiscal year SEC. 408. In this title, the term ‘‘regular (2) REVERTER.—The Administrator shall re- 1997. appropriation bill’’ means any annual appro- quire that the property be used for at least 30 (b) Appropriations and funds made avail- priation bill making appropriations, other- years for the public purpose for which it was able, and authority granted, for a program, wise making funds available, or granting au- originally conveyed, or such longer period of project, or activity for fiscal year 1998 pursu- thority, for any of the following categories time as the Administrator feels necessary, to ant to this title shall be at 100 percent of the of programs, projects, and activities. protect the Federal interest and to promote (1) Agriculture, rural development, and re- rate of operations that was provided for the the public purpose. If this condition is not lated agencies programs. program, project, or activity in fiscal year met, the property shall revert to the United (2) The Departments of Commerce, Justice, 1997 in the corresponding regular appropria- States. and State, the judiciary, and related agen- tion Act for fiscal year 1997. (3) DETERMINATION OF FAIR MARKET cies. (c) Appropriations and funds made avail- VALUE.—The Administrator shall determine (3) The Department of Defense. able, and authority granted, for fiscal year estimated fair market value in accordance (4) The government of the District of Co- 1998 pursuant to this title for a program, with Federal appraisal standards and proce- lumbia and other activities chargeable in project, or activity shall be available for the dures. whole or in part against the revenues of the period beginning with the first day of a lapse (4) DEPOSIT OF PROCEEDS.—The Adminis- District. trator of General Services shall deposit any in appropriations and ending with the earlier (5) The Departments of Labor, Health and proceeds received under this subsection in of— Human Services, and Education, and related the special account established pursuant to (1) the date on which the applicable regular agencies. section 204(h)(2) of the Federal Property and appropriation bill for fiscal year 1998 be- (6) The Departments of Veterans and Hous- Administrative Services Act of 1949. comes law (whether or not that law provides ing and Urban Development, and sundry (5) ADDITIONAL TERMS AND CONDITIONS.— for that program, project, or activity) or a independent agencies, boards, commissions, The Administrator may require such addi- continuing resolution making appropriations corporations, and offices. tional terms and conditions in connection becomes law, as the case may be; or (7) Energy and water development. with the conveyance under subsection (a) as (2) the last day of fiscal year 1998. (8) Foreign assistance and related pro- the Administrator considers appropriate to TERMS AND CONDITIONS grams. protect the interests of the United States (9) The Department of the Interior and re- and to accomplish a public purpose. SEC. 403. (a) An appropriation of funds made available, or authority granted, for a lated agencies. H.R. 1469 program, project, or activity for fiscal year (10) Military construction. OFFERED BY: MR. BARR OF GEORGIA 1998 pursuant to this title shall be made (11) The Department of Transportation and (Supplemental Appropriations, FY97) available to the extent and in the manner related agencies. AMENDMENT NO. 4: Add at an appropriate which would be provided by the pertinent ap- (12) The Treasury Department, the U.S. place the following: propriation Act for fiscal year 1997, including Postal Service, the Executive Office of the SEC. . USE OF FUNDS FOR STUDIES OF MEDICAL all of the terms and conditions and the ap- President, and certain independent agencies. USE OF MARIJUANA. portionment schedule imposed with respect (13) The legislative branch. None of the funds appropriated by this Act to the appropriation made or funds made H.R. 1469 or any other Act shall be used now or here- available for fiscal year 1997 or authority OFFERED BY: MR. FAZIO after in any fiscal year for any study of the granted for the program, project, or activity AMENDMENT NO. 8: Page 5, after line 7, in- medicinal use of marijuana. under current law. sert the following: H.R. 1469 (b) Appropriations made by this title shall In addition, for replacement of farm labor OFFERED BY: MR. BARR OF GEORGIA be available to the extent and in the manner housing under section 514 of the Housing Act (Supplemental Appropriations, FY97) which would be provided by the pertinent ap- of 1949 that was lost or damaged by flooding propriation Act. AMENDMENT NO. 5: Page , after line , in- that occurred as a result of the January 1997 (c) Notwithstanding any other provision of sert the following: floods, $1,000,000, to be derived by transfer this Act, whenever the rate for operations COMMISSION ON THE ADVANCEMENT OF FEDERAL from amounts provided in this Act for ‘‘Fed- for any continuing project or activity would eral Emergency Management Agency—Disas- LAW ENFORCEMENT result in a furlough or a reduction-in-force of For an additional amount for the oper- ter Relief’’: Provided, That, notwithstanding Government employees, that rate for oper- any other provision of law, any county des- ations of the Commission on the Advance- ations may be increased to a level that ment of Federal Law Enforcement, $2,000,000. ignated as a disaster area by the President would enable the furlough or a reduction-in- shall be eligible to apply to the Secretary of H.R. 1469 force to be avoided. Agriculture for assistance from such funds, OFFERED BY: MR. BARR OF GEORGIA COVERAGE which shall be immediately dispersed by the (Supplemental Appropriations, FY97) SEC. 404. Appropriations and funds made Secretary upon documented loss of farm AMENDMENT NO. 6: At the end of the bill, available, and authority granted, for any labor housing units: Provided further, That insert after the last section (preceding the program, project, or activity for fiscal year such funds shall be used by the recipient short title) the following new section: 1998 pursuant to this title shall cover all ob- counties to assist the purchase of farm labor FIREARMS PROHIBITIONS APPLICABLE BY REA- ligations or expenditures incurred for that housing, including (but not limited to) mo- SON OF A DOMESTIC VIOLENCE MISDEMEANOR program, project, or activity during the por- bile homes, motor homes, and manufactured CONVICTION NOT TO APPLY TO CONVICTIONS tion of fiscal year 1998 for which this title housing. OBTAINED BEFORE THE PROHIBITIONS BECAME applies to that program, project, or activity. H.R. 1469 LAW EXPENDITURES OFFERED BY: MR. GOODLING SEC. . Subsections (d)(9), (g)(9), and SEC. 405. Expenditures made for a program, AMENDMENT NO. 9: Page 51, after line 23, in- (s)(3)(B)(i) of section 922 of title 18, United project, or activity for fiscal year 1998 pursu- sert the following: States Code, are each hereafter amended by ant to this title shall be charged to the ap- PROHIBITION OF FUNDS FOR NEW NATIONAL inserting ‘‘, on or after September 30, 1996,’’ plicable appropriation, fund, or authoriza- before ‘‘of a misdemeanor’’. TESTING PROGRAM IN READING AND MATHE- tion whenever a regular appropriation bill or MATICS H.R. 1469 a joint resolution making continuing appro- SEC. 3003. None of the funds made available OFFERED BY: MR. DAVIS OF VIRGINIA priations until the end of fiscal year 1998 pro- in this or any other Act for fiscal year 1997 AMENDMENT NO. 7: Page 51, after line 23, viding for that program, project, or activity or any prior fiscal year for the Fund for the add the following new title: for that period becomes law. Improvement of Education under the head- TITLE IV—PREVENTION OF INITIATING OR RESUMING A PROGRAM, PROJECT, ing ‘‘DEPARTMENT OF EDUCATION—Edu- GOVERNMENT SHUTDOWN OR ACTIVITY cation Research, Statistics, and Improve- SHORT TITLE SEC. 406. No appropriation or funds made ment’’ may be used to develop, plan, imple- SEC. 401. This title may be cited as the available or authority granted pursuant to ment, or administer any national testing ‘‘Government Shutdown Prevention Act’’. this title shall be used to initiate or resume program in reading or mathematics. H2592 CONGRESSIONAL RECORD — HOUSE May 13, 1997 H.R. 1469 CHAPTER 4A (i) Subsection (c) of section 498B of the OFFERED BY: MR. NEUMANN DEPARTMENT OF HEALTH AND HUMAN Foreign Assistance Act of 1961 (22 U.S.C. SERVICES 2295b(c)). AMENDMENT NO. 10: Page 28, line 5, after (ii) Section 201 of the Support for East Eu- NATIONAL INSTITUTES OF HEALTH the dollar amount, insert the following: ‘‘(re- ropean Democracy (SEED) Act of 1989 (22 duced by $2,387,677,000)’’. NATIONAL INSTITUTE OF ENVIRONMENTAL U.S.C. 5421). Page 28, line 6, strike ‘‘$2,387,677,000’’ and HEALTH SCIENCES (B) The repeals made by subparagraph (A) all that follows through line 7. For an additional amount for ‘‘National In- shall take effect 2 years after the date of the Page 35, strike lines 8 through 25. stitute of Environmental Health Sciences’’, enactment of this Act. Page 51, after line 23, insert the following $10,000,000, for emergency research of and (2) TRANS-CAUCASUS ENTERPRISE FUND.— new section: treatment for the synergistic impact of Subsection (t) under the heading ‘‘Assistance FURTHER RESCISSIONS IN NONDEFENSE chemicals on the soldiers who served in the for the New Independent States of the ACCOUNTS Persian Gulf and who are currently suffering Former Soviet Union’’ of the Foreign Oper- SEC. 3003. (a) RESCISSION OF FUNDS.—Of the form Gulf War Syndrome. ation, Export Financing, and Related Pro- aggregate amount of discretionary appro- Page 37, line 11, after the dollar amount, grams Appropriations Act, 1996, is hereby re- priations made available to Executive agen- insert the following: ‘‘(reduced by pealed. cies in appropriation Acts for fiscal year 1997 $10,000,000)’’. SEC. 572. PROHIBITION ON NEW PRIVATE SEC- (other than for the defense category), H.R. 1469 TOR DEVELOPMENT ENTERPRISE FUNDS. $3,600,000,000 is rescinded. OFFERED BY: MR. SCARBOROUGH (a) IN GENERAL.—Beginning on March 12, (b) ALLOCATION AND REPORT.—Within 30 AMENDMENT NO. 15: Page 51, after line 23, 1998, the President may not provide for the days after the date of the enactment of this insert the following new section: Act, the Director of the Office of Manage- establishment of, or the support for, any en- ment and Budget shall— ELIMINATION OF NONEMERGENCY terprise fund for the purposes of promoting DISCRETIONARY FUNDS private sector development, or promoting (1) allocate such rescission among the ap- policies and practices conducive to private propriate accounts in a manner that will SEC. 3003. Each amount otherwise appro- sector development, in any foreign country. achieve a total net reduction in outlays for priated in this Act that is not designated in (b) DEFINITION.—For purposes of this sec- fiscal years 1997 through 2002 resulting from this Act by the Congress as an emergency re- tion, the term ‘‘enterprise fund’’ means a such rescission of not less than $3,500,000,000; quirement pursuant to section 251(b)(2)(D)(i) private, nonprofit organization designated and of the Balanced Budget and Emergency Defi- by the President in accordance with proce- (2) submit to the Committees on Appro- cit Control Act of 1985, and is not required to dures applicable to the procedures used to priations of the House of Representatives be appropriated or otherwise made available designate enterprise funds under section 201 and the Senate a report setting forth such by a provision of law, is hereby reduced to $0. of the Support for East European Democracy allocation. H.R. 1486 (SEED) Act of 1989 (22 U.S.C. 5421). (c) DEFINITIONS.— OFFERED BY: MR. TRAFICANT (1) The terms ‘‘discretionary appropria- SEC. 573. PROHIBITION ON ASSISTANCE FOR EU- AMENDMENT NO. 2: After chapter 6 of title ROPEAN BANK FOR RECONSTRUC- tions’’ and ‘‘defense category’’ have the re- V add the following (and redesignate the sub- TION AND DEVELOPMENT FUNDS spective meanings given such terms in sec- sequent chapter and conform the table of AND OTHER INTERNATIONAL FINAN- tion 250(c) of the Balanced Budget and Emer- contents accordingly): CIAL INSTITUTION FUNDS. gency Deficit Control Act of 1985. (a) PROHIBITION ON UNITED STATES ASSIST- CHAPTER 7—PHASE-OUT OF EXISTING (2) The term ‘‘Executive agency’’ has the ANCE.—Beginning 2 years after the date of meaning given such term in section 105 of PRIVATE SECTOR DEVELOPMENT EN- the enactment of this Act, none of the funds title 5, United States Code. TERPRISE FUNDS AND PROHIBITION appropriated or otherwise available to the ON NEW ENTERPRISE FUNDS AND AS- H.R. 1469 United States Agency for International De- SISTANCE FOR CERTAIN OTHER FUNDS velopment may be obligated or expended for OFFERED BY: MR. NEUMANN SEC. 571. PHASE-OUT OF EXISTING PRIVATE SEC- assistance to any private sector development AMENDMENT NO. 11: Page 28, line 5, after TOR DEVELOPMENT ENTERPRISE enterprise fund in which the European Bank the dollar amount, insert the following: ‘‘(re- FUNDS. for Reconstruction and Development (or any duced by $2,387,677,000)’’. (a) IN GENERAL.—Beginning 2 years after other international financial institution of Page 28, line 6, strike ‘‘$2,387,677,000’’ and the date of the enactment of this Act, none which the United States is a member) par- all that follows through line 7. of the funds appropriated or otherwise avail- ticipates, or which is financed by that Bank H.R. 1469 able to the United States Agency for Inter- (or international financial institution), in- national Development may be obligated or OFFERED BY: MR. NEUMANN cluding the following enterprise funds (or expended for assistance to the following en- any successor enterprise funds): AMENDMENT NO. 12: Page 28, line 5, after terprise funds (or any successor enterprise (1) The Russia Small Business Fund. the dollar amount, insert the following: ‘‘(re- funds): (2) The Regional Venture Fund for the duced by $1,700,000,000)’’. (1) The Albanian-American Enterprise Lower Volga Region. Page 28, line 6, after the dollar amount, in- Fund. (3) The Slovenia Development Capital sert the following: ‘‘(reduced by (2) The Baltic-American Enterprise Fund. Fund. $1,700,000,000)’’. (3) The Bulgarian American Enterprise (b) OPPOSITION TO MULTILATERAL ASSIST- H.R. 1469 Fund. ANCE.—The President shall instruct the Unit- (4) The Central Asian-American Enterprise OFFERED BY: MS. PELOSI ed States Executive Director of the Euro- Fund. pean Bank for Reconstruction and Develop- AMENDMENT NO. 13: Page 18, after line 4, in- (5) The Czech and Slovak American Enter- ment and any other international financial sert the following new chapter: prise Fund. institution of which the United States is a CHAPTER 4A (6) The Hungarian-American Enterprise member to use the voice and vote of the DEPARTMENT OF HEALTH AND HUMAN Fund. United States to oppose the participation of SERVICES (7) The Polish-American Enterprise Fund. that Bank or institution in, or financing by (8) The Romanian American Enterprise that Bank or institution of, any private sec- HEALTH RESOURCES AND SERVICES Fund. tor development enterprise fund, including ADMINISTRATION (9) The Southern Africa Regional Enter- any enterprise fund referred to in paragraphs HEALTH RESOURCES AND SERVICES prise Fund. (1) through (3) of subsection (a). For an additional amount for ‘‘Health Re- (10) The U.S. Russia Investment Fund. H.R. 1486 sources and Services’’ for State AIDS Drug (11) The Western NIS Enterprise Fund. OFFERED BY: MR. TRAFICANT Assistance Programs authorized by section (b) TRANSITION.—The President (acting 2616 of the Public Health Service Act, through the Administrator of the United AMENDMENT NO. 3: At the end of chapter 1 $68,000,000. States Agency for International Develop- of title VII (relating to special authorities Page 35, line 16, after the dollar amount, ment), in conjunction with the board of di- and other provisions of foreign assistance au- insert the following: ‘‘(increased by rectors of each enterprise fund referred to in thorizations) add the following (and conform $68,000,000)’’. paragraphs (1) through (11) of subsection (a), the table of contents accordingly): Page 35, line 18, after the dollar amount, shall, as soon as practicable after the date of SEC. 706. LIMITATION ON PROCUREMENT OUT- insert the following: ‘‘(increased by the enactment of this Act, take the nec- SIDE THE UNITED STATES. $68,000,000)’’. essary steps to wind up the affairs of each Funds made available for assistance for fis- such enterprise fund. cal years 1998 and 1999 under the Foreign As- H.R. 1469 (e) REPEALS.— sistance Act of 1961, the Arms Export Con- OFFERED BY: MR. SANDERS (1) EXISTING ENTERPRISE FUNDS.—(A) The trol Act, or any other provision of law de- AMENDMENT NO. 14: Page 18, after line 4, in- following provisions of law are hereby re- scribed in this division for which amounts sert the following new chapter: pealed: are authorized to be appropriated for such May 13, 1997 CONGRESSIONAL RECORD — HOUSE H2593 fiscal years, may be used for procurement any amendment made by this division, is (4) Section 511(f) (relating to the African outside the United States or less developed hereby reduced by 5 percent, except for the Development Foundation). countries only if— following: (5) Section 512 (relating to child survival (1) such funds are used for the procurement (1) Chapter 1 of title IV (relating to narcot- activities). of commodities or services, or defense arti- ics control assistance). (6) Chapter 5 of title V (relating to inter- cles, or defense services, produced in the (2) Chapter 2 of title IV (relating to non- national disaster assistance). country in which the assistance is to be pro- proliferation, antiterrorism, demining, and H.R. 1486 vided, except that this paragraph only ap- related programs). plies if procurement in that country would (3) Section 511(b) (relating to the Develop- OFFERED BY: MR. TRAFICANT cost less than procurement in the United ment Fund for Africa). AMENDMENT NO. 6: At the end of division A States or less developed countries; (4) Section 511(f) (relating to the African (relating to international affairs agency con- (2) the provision of such assistance re- Development Foundation). solidation, foreign assistance reform, and quires commodities or services, or defense (5) Section 512 (relating to child survival foreign assistance authorizations) add the articles or defense services, of a type that activities). following (and conform the table of contents are not produced in, and available for pur- (6) Chapter 5 of title V (relating to inter- accordingly): chase from, the United States, less developed national disaster assistance). TITLE VIII—FUNDING LEVELS countries, or the country in which the assist- H.R. 1486 ance is to be provided; SEC. 801. AUTHORIZATION OF APPROPRIATIONS OFFERED BY: MR. TRAFICANT FOR FISCAL YEARS 1998 AND 1999 (3) the Congress has specifically authorized NOT TO EXCEED APPROPRIATIONS AMENDMENT NO. 5: At the end of division A procurement outside the United States or FOR FISCAL YEAR 1997. (relating to international affairs agency con- less developed countries; or Notwithstanding the specific authoriza- (4) the President determines on a case-by- solidation, foreign assistance reform, and foreign assistance authorizations) add the tions of appropriations in the preceding pro- case basis that procurement outside the visions of this division, each amount author- United States or less developed countries following (and conform the table of contents accordingly): ized to be appropriated for each of the fiscal would result in the more efficient use of years 1998 and 1999 under this division, or United States foreign assistance resources. TITLE VIII—REDUCTION IN any amendment made by this division, shall H.R. 1486 AUTHORIZATIONS not exceed the amount appropriated for each OFFERED BY: MR. TRAFICANT SEC. 801. REDUCTION IN AUTHORIZATIONS. such provision for fiscal year 1997. Notwithstanding the specific authoriza- AMENDMENT NO. 4: At the end of division A H.R. 1486 tions of appropriations in the preceding pro- (relating to international affairs agency con- OFFERED BY: MR. TRAFICANT solidation, foreign assistance reform, and visions of this division, each amount author- AMENDMENT NO. 7: At the end of title XVII foreign assistance authorizations) add the ized to be appropriated for each of the fiscal years 1998 and 1999 under this division, or (relating to foreign policy provisions) insert following (and conform the table of contents the following new section: accordingly): any amendment made by this division, is hereby reduced by 10 percent, except for the SEC. 1717. UNITED STATES POLICY CONCERNING TITLE VIII—REDUCTION IN following: IRANIAN RESISTANCE. AUTHORIZATIONS (1) Chapter 1 of title IV (relating to narcot- It is the sense of the Congress that the SEC. 801. REDUCTION IN AUTHORIZATIONS. ics control assistance). Secretary of State should recognize and en- Notwithstanding the specific authoriza- (2) Chapter 2 of title IV (relating to non- gage in substantive dialogue with those tions of appropriations in the preceding pro- proliferation, antiterrorism, demining, and groups inside and outside Iran that support visions of this division, each amount author- related programs). the restoration of democratic government in ized to be appropriated for each of the fiscal (3) Section 511(b) (relating to the Develop- Iran, including the National Council of Re- years 1998 and 1999 under this division, or ment Fund for Africa). sistance of Iran. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, TUESDAY, MAY 13, 1997 No. 62 Senate The Senate met at 10 a.m., and was lation and complete action on that bill SECTION 1. SHORT TITLE. called to order by the President pro today. As always, all Members will be This Act may be cited as the ‘‘Family tempore [Mr. THURMOND]. notified as to when to anticipate any Friendly Workplace Act’’. rollcall votes on either of these two SEC. 2. PURPOSES. PRAYER matters. In addition, the Senate may The purposes of this Act are— also consider any other legislative or (1) to assist working people in the United The Chaplain, Dr. Lloyd John States; Ogilvie, offered the following prayer: executive items that can be cleared for (2) to balance the demands of workplaces Gracious Father, help us to pray action. I remind all Members that the with the needs of families; what we mean and mean what we pray. Senate will be in recess from 12:30 to (3) to provide such assistance and balance May our prayers never be perfunctory. 2:15 for the weekly policy luncheons to such demands by allowing employers to offer We ask You to fill this Chamber with meet. compensatory time off, which employees Your holy presence and glory and ac- I thank my colleagues for their at- may voluntarily elect to receive, and to es- tention. tablish biweekly work programs and flexible knowledge that all we do and say credit hour programs, in which employees f today, as well as our attitudes and our may voluntarily participate; and relationships, will be observed by You. RESERVATION OF LEADER TIME (4) to give private sector employees the We pray for Your inspiration for the same benefits of compensatory time off, bi- The PRESIDING OFFICER (Mr. quality of life of the Senate and realize weekly work schedules, and flexible credit INHOFE). Under the previous order, that we are accountable to You for the hours as have been enjoyed by Federal Gov- leadership time is reserved. depth of caring we express to one an- ernment employees since 1978. other beyond party loyalties. We inter- f SEC. 3. WORKPLACE FLEXIBILITY OPTIONS. cede for our Nation and You give us vi- FAMILY FRIENDLY WORKPLACE ø(a) COMPENSATORY TIME OFF.— sion that will require united, biparti- ø(1) IN GENERAL.—Section 7 of the Fair ACT Labor Standards Act of 1938 (29 U.S.C. 207) is san support of legislation to solve prob- The PRESIDING OFFICER. Under amended by adding at the end the following: lems and grasp Your larger plan. We the previous order, the Senate now will ø‘‘(r) COMPENSATORY TIME OFF FOR PRIVATE ask for strength to work creatively and proceed to the consideration of S. 4, EMPLOYEES.— energetically and You impinge on our which the clerk will report. ø‘‘(1) GENERAL RULE.— minds waiting for our invitation for The legislative clerk read as follows: ø‘‘(A) COMPENSATORY TIME OFF.—An em- ployee may receive, in accordance with this You to empower us with Your spirit. A bill (S. 4) to amend the Fair Labor subsection and in lieu of monetary overtime Dear God, help us to pray with expect- Standards Act of 1938 to provide to private compensation, compensatory time off at a sector employees the same opportunities for ancy. In the name of our Lord who rate not less than one and one-half hours for time-and-a-half compensatory time off, bi- taught us to ask, seek, and knock in each hour of employment for which mone- weekly work programs, and flexible credit prayer, knowing that with You nothing tary overtime compensation is required by hour programs as Federal employees cur- is impossible. Amen. this section. rently enjoy to help balance the demands ø‘‘(B) DEFINITION.—For purposes of this f and needs of work and family, to clarify the subsection, the term ‘employee’ does not in- provisions relating to exemptions of certain RECOGNITION OF THE ACTING clude an employee of a public agency. professionals from the minimum wage and MAJORITY LEADER ø‘‘(2) CONDITIONS.—An employer may pro- overtime requirements of the Fair Labor vide compensatory time off to employees The PRESIDENT pro tempore. The Standards Act of 1938, and for other pur- under paragraph (1)(A) only pursuant to the able acting majority leader is recog- poses. following: nized. The Senate proceeded to consider the ø‘‘(A) Such time may be provided only in Mr. ASHCROFT. I thank the Chair. bill which had been reported from the accordance with— f Committee on Labor and Human Re- ø‘‘(i) applicable provisions of a collective bargaining agreement between the employer SCHEDULE sources, with an amendment, as fol- lows: and the representative of the employees rec- Mr. ASHCROFT. On behalf of the ma- (The parts of the bill intended to be ognized as provided in section 9(a) of the Na- jority leader, I announce that this stricken are shown in boldface brack- tional Labor Relations Act (29 U.S.C. 159(a)); or morning the Senate will turn to the ets and the parts of the bill intended to consideration of S. 4, the Family ø‘‘(ii) in the case of employees who are not be inserted are shown in italic.) represented by a labor organization recog- Friendly Workplace Act. It is also S. 4 nized as provided in section 9(a) of the Na- hoped that the Senate will be able to Be it enacted by the Senate and House of Rep- tional Labor Relations Act, an agreement or return to S. 717, the IDEA, Individuals resentatives of the United States of America in understanding arrived at between the em- With Disabilities Education Act, legis- Congress assembled, ployer and employee before the performance

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

S4327 S4328 CONGRESSIONAL RECORD — SENATE May 13, 1997 of the work involved if such agreement or was initially accrued by the employee; ø‘‘(2) to balance the demands of workplaces understanding was entered into knowingly minus with the needs of families; and voluntarily by such employee and was ø‘‘(II) the number of such hours used by the ø‘‘(3) to provide such assistance and bal- not a condition of employment. employee; and ance such demands by allowing employers to ø‘‘(B) If such employee has affirmed, in a ø‘‘(B) as liquidated damages, the product establish biweekly work programs and flexi- written or otherwise verifiable statement of— ble credit hour programs, in which employ- that is made, kept, and preserved in accord- ø‘‘(i) such rate of compensation; and ees may voluntarily participate; and ance with section 11(c), that the employee ø‘‘(ii) the number of hours of compensatory ø‘‘(4) to give private sector employees the has chosen to receive compensatory time off time off involved in the violation that was same benefits of biweekly work schedules in lieu of monetary overtime compensation. initially accrued by the employee. and flexible credit hours as have been en- ø‘‘(C) If the employee has not accrued com- ø‘‘(2) The employer shall be subject to such joyed by Federal Government employees pensatory time off in excess of the limit ap- liability in addition to any other remedy since 1978. plicable to the employee prescribed by para- available for such violation under this sec- ø‘‘(b) BIWEEKLY WORK PROGRAMS.— graph (3). tion or section 17, including a criminal pen- ø‘‘(1) IN GENERAL.—Notwithstanding any ø‘‘(3) HOUR LIMIT.— alty under subsection (a) and a civil penalty other provision of law, an employer may es- ø‘‘(A) MAXIMUM HOURS.—An employee may under subsection (e).’’. tablish biweekly work programs that allow accrue not more than 240 hours of compen- ø(3) CALCULATIONS AND SPECIAL RULES.— the use of a biweekly work schedule— satory time off. Section 7(r) of the Fair Labor Standards Act ø‘‘(A) that consists of a basic work require- ø‘‘(B) COMPENSATION DATE.—Not later than of 1938 (29 U.S.C. 207(r)), as added by para- ment of not more than 80 hours, over a 2- January 31 of each calendar year, the em- graph (1), is amended by adding at the end week period; and ployee’s employer shall provide monetary the following: ø‘‘(B) in which more than 40 hours of the compensation for any unused compensatory ø‘‘(5) TERMINATION OF EMPLOYMENT.—An work requirement may occur in a week of time off accrued during the preceding cal- employee who has accrued compensatory the period. endar year that was not used prior to Decem- time off authorized to be provided under ø‘‘(2) COMPUTATION OF OVERTIME.—In the ber 31 of the preceding calendar year at the paragraph (1) shall, upon the voluntary or in- case of an employee participating in such a rate prescribed by paragraph (6). An em- voluntary termination of employment, be biweekly work program, all hours worked in ployer may designate and communicate to paid for the unused compensatory time off in excess of such a biweekly work schedule or the employees of the employer a 12-month accordance with paragraph (6). in excess of 80 hours in the 2-week period, period other than the calendar year, in ø‘‘(6) RATE OF COMPENSATION FOR COMPEN- that are requested in advance by an em- which case such compensation shall be pro- SATORY TIME OFF.— ployer, shall be overtime hours. vided not later than 31 days after the end of ø‘‘(A) GENERAL RULE.—If compensation is ø‘‘(3) OVERTIME COMPENSATION PROVISION.— such 12-month period. to be paid to an employee for accrued com- The employee shall be compensated for each ø‘‘(C) EXCESS OF 80 HOURS.—The employer pensatory time off, such compensation shall such overtime hour at a rate not less than may provide monetary compensation for an be paid at a rate of compensation not less one and one-half times the regular rate at employee’s unused compensatory time off in than— which the employee is employed, in accord- excess of 80 hours at any time after giving ø‘‘(i) the regular rate received by such em- ance with section 7(a)(1), or receive compen- the employee at least 30 days’ notice. Such ployee when the compensatory time off was satory time off in accordance with section compensation shall be provided at the rate earned; or 7(r) for each such overtime hour. prescribed by paragraph (6). ø‘‘(ii) the final regular rate received by ø‘‘(4) COMPENSATION FOR HOURS IN SCHED- ø‘‘(D) POLICY.—An employer that has such employee, ULE.—Notwithstanding section 7 or any adopted a policy offering compensatory time øwhichever is higher. other provision of law that relates to pre- off to employees may discontinue such pol- ø‘‘(B) CONSIDERATION OF PAYMENT.—Any mium pay for overtime work, the employee icy upon giving employees 30 days’ notice. payment owed to an employee under this shall be compensated for each hour in such a ø‘‘(E) WRITTEN REQUEST.—An employee subsection for unused compensatory time off biweekly work schedule at a rate not less may withdraw an agreement or understand- shall be considered unpaid monetary over- than the regular rate at which the employee ing described in paragraph (2)(A)(ii) at any time compensation. is employed. time. An employee may also request in writ- ø‘‘(7) USE OF TIME.—An employee— ø‘‘(c) FLEXIBLE CREDIT HOUR PROGRAMS.— ing that monetary compensation be pro- ø‘‘(A) who has accrued compensatory time ø‘‘(1) IN GENERAL.—Notwithstanding any vided, at any time, for all compensatory off authorized to be provided under para- other provision of law, an employer may es- time off accrued that has not yet been used. graph (1); and tablish flexible credit hour programs, under Within 30 days after receiving the written re- ø‘‘(B) who has requested the use of such which, at the election of an employee, the quest, the employer shall provide the em- compensatory time off, employer and the employee jointly designate ployee the monetary compensation due in øshall be permitted by the employer of the hours for the employee to work that are in accordance with paragraph (6). employee to use such time within a reason- excess of the basic work requirement of the ROHIBITION OF COERCION.— ø‘‘(4) P able period after making the request if the employee so that the employee can accumu- ‘‘(A) IN GENERAL.—An employer that pro- ø use of the compensatory time off does not late flexible credit hours to reduce the hours vides compensatory time off under paragraph unduly disrupt the operations of the em- worked in a week or a day subsequent to the (1) to employees shall not directly or indi- ployer. day on which the flexible credit hours are rectly intimidate, threaten, or coerce, or at- ø‘‘(8) DEFINITIONS.—The terms ‘monetary worked. tempt to intimidate, threaten, or coerce, any overtime compensation’ and ‘compensatory ø‘‘(2) COMPUTATION OF OVERTIME.—In the employee for the purpose of— time off’ shall have the meanings given the case of an employee participating in such a ø‘‘(i) interfering with the rights of the em- terms ‘overtime compensation’ and ‘compen- flexible credit hour program, all hours ployee under this subsection to request or satory time’, respectively, by subsection worked in excess of 40 hours in a week that not request compensatory time off in lieu of (o)(7).’’. are requested in advance by an employer, payment of monetary overtime compensa- ø(4) NOTICE TO EMPLOYEES.—Not later than other than flexible credit hours, shall be tion for overtime hours; or 30 days after the date of the enactment of overtime hours. ø‘‘(ii) requiring the employee to use such this Act, the Secretary of Labor shall revise ø‘‘(3) OVERTIME COMPENSATION PROVISION.— compensatory time off. the materials the Secretary provides, under The employee shall be compensated for each EFINITION.—As used in subpara- ø‘‘(B) D regulations published at 29 C.F.R. 516.4, to such overtime hour at a rate not less than graph (A), the term ‘intimidate, threaten, or employers for purposes of a notice explaining one and one-half times the regular rate at coerce’ has the meaning given the term in the Fair Labor Standards Act of 1938 to em- which the employee is employed, in accord- section 13A(d)(3)(B).’’. ployees so that such notice reflects the ance with section 7(a)(1), or receive compen- (2) REMEDIES AND SANCTIONS.—Section 16 ø amendments made to such Act by this sub- satory time off in accordance with section of the Fair Labor Standards Act of 1938 (29 section. 7(r) for each such overtime hour. U.S.C. 216) is amended— ø(b) BIWEEKLY WORK PROGRAMS AND FLEXI- ø‘‘(4) COMPENSATION FOR FLEXIBLE CREDIT (A) in subsection (b), by striking ‘‘(b) Any ø BLE CREDIT HOUR PROGRAMS.— HOURS.—Notwithstanding section 7 or any employer’’ and inserting ‘‘(b) Except as pro- ø(1) IN GENERAL.—The Fair Labor Stand- other provision of law that relates to pre- vided in subsection (f), any employer’’; and ards Act of 1938 is amended by inserting after mium pay for overtime work, an employee ø(B) by adding at the end the following: section 13 (29 U.S.C. 213) the following new shall be compensated for each flexible credit ø‘‘(f)(1) An employer that violates section section: hour at a rate not less than the regular rate 7(r)(4) shall be liable to the employee af- ø‘‘SEC. 13A. BIWEEKLY WORK PROGRAMS AND at which the employee is employed. fected in an amount equal to— FLEXIBLE CREDIT HOUR PRO- ø‘‘(5) ACCUMULATION AND COMPENSATION.— ø‘‘(A) the product of— GRAMS. ø‘‘(A) ACCUMULATION OF FLEXIBLE CREDIT ø‘‘(i) the rate of compensation (determined ø‘‘(a) PURPOSES.—The purposes of this sec- HOURS.—An employee who is participating in in accordance with section 7(r)(6)(A)); and tion are— such a flexible credit hour program can accu- ø‘‘(ii)(I) the number of hours of compen- ø‘‘(1) to assist working people in the Unit- mulate not more than 50 flexible credit satory time off involved in the violation that ed States; hours. May 13, 1997 CONGRESSIONAL RECORD — SENATE S4329

ø‘‘(B) COMPENSATION FOR FLEXIBLE CREDIT gaining agreement or any employment bene- work program and flexible credit hour pro- HOURS OF EMPLOYEES NO LONGER SUBJECT TO fits program or plan that provides lesser or gram provisions by employers unlawful PROGRAM.—Any employee who was partici- greater rights to employees than the benefits under the Fair Labor Standards Act of 1938, pating in such a flexible credit hour program established under this section. and to provide for appropriate remedies for and who is no longer subject to such a pro- ø‘‘(f) DEFINITIONS.—As used in this section: such violations, including, as appropriate, gram shall be paid at a rate not less than the ø‘‘(1) BASIC WORK REQUIREMENT.—The term fines, imprisonment, injunctive relief, and regular rate at which the employee is em- ‘basic work requirement’ means the number appropriate legal or equitable relief, includ- ployed on the date the employee receives of hours, excluding overtime hours, that an ing liquidated damages. such payment, for not more than 50 flexible employee is required to work or is required ø(B) REMEDIES AND SANCTIONS.—Section credit hours accumulated by such employee. to account for by leave or otherwise. 15(a)(3) of the Fair Labor Standards Act of ø‘‘(C) COMPENSATION FOR ANNUALLY ACCU- ø‘‘(2) COLLECTIVE BARGAINING.—The term 1938 (29 U.S.C. 215(a)(3)) is amended by insert- MULATED FLEXIBLE CREDIT HOURS.— ‘collective bargaining’ means the perform- ing before the semicolon the following: ‘‘, or ø‘‘(i) IN GENERAL.—Not later than January ance of the mutual obligation of the rep- to violate any of the provisions of section 31 of each calendar year, the employer of an resentative of an employer and the exclusive 13A’’. employee who is participating in such a representative of employees in an appro- ø(c) LIMITATIONS ON SALARY PRACTICES RE- flexible credit hour program shall provide priate unit to meet at reasonable times and LATING TO EXEMPT EMPLOYEES.—Section 13 monetary compensation for any flexible to consult and bargain in a good-faith effort of the Fair Labor Standards Act of 1938 (29 credit hours accumulated as described in to reach agreement with respect to the con- U.S.C. 213) is amended by adding at the end subparagraph (A) during the preceding cal- ditions of employment affecting such em- the following: endar year that were not used prior to De- ployees and to execute, if requested by either ø‘‘(m)(1)(A) In the case of a determination cember 31 of the preceding calendar year at party, a written document incorporating any of whether an employee is an exempt em- a rate not less than the regular rate at which collective bargaining agreement reached, but ployee described in subsection (a)(1), the fact the employee is employed on the date the the obligation referred to in this paragraph that the employee is subject to deductions in employee receives such payment. does not compel either party to agree to a compensation for— ø‘‘(ii) DIFFERENT 12-MONTH PERIOD.—An em- proposal or to make a concession. ø‘‘(i) absences of the employee from em- ployer may designate and communicate to ø‘‘(3) COLLECTIVE BARGAINING AGREEMENT.— ployment of less than a full workday; or the employees of the employer a 12-month The term ‘collective bargaining agreement’ ø‘‘(ii) absences of the employee from em- period other than the calendar year, in means an agreement entered into as a result ployment of less than a full pay period, which case such compensation shall be pro- of collective bargaining. øshall not be considered in making such de- ø‘‘(4) ELECTION.—The term ‘at the election vided not later than 31 days after the end of termination. of’, used with respect to an employee, means such 12-month period. ø‘‘(B) In the case of a determination de- ‘‘(d) PARTICIPATION.— at the initiative of, and at the request of, the ø scribed in subparagraph (A), an actual reduc- ‘‘(1) IN GENERAL.—Except as provided in employee. ø tion in compensation of the employee may paragraph (2), no employee may be required ø‘‘(5) EMPLOYEE.—The term ‘employee’ be considered in making the determination. to participate in a program described in this means an employee, as defined in section 3, ø‘‘(C) For the purposes of this paragraph, section. Participation in a program de- except that the term shall not include an the term ‘actual reduction in compensation’ scribed in this section may not be a condi- employee, as defined in section 6121(2) of does not include any reduction in accrued tion of employment. title 5, United States Code. paid leave, or any other practice, that does ø‘‘(2) COLLECTIVE BARGAINING AGREEMENT.— ø‘‘(6) EMPLOYER.—The term ‘employer’ not reduce the amount of compensation an In a case in which a valid collective bargain- means an employer, as defined in section 3, employee receives for a pay period. ing agreement exists, an employee may only except that the term shall not include any ø‘‘(2) The payment of overtime compensa- be required to participate in such a program person acting in relation to an employee, as tion or other additions to the compensation in accordance with the agreement. defined in section 6121(2) of title 5, United of an employee employed on a salary based ø‘‘(3) PROHIBITION OF COERCION.— States Code. on hours worked shall not be considered in ø‘‘(A) IN GENERAL.—An employer may not ø‘‘(7) EXCLUSIVE REPRESENTATIVE.—The determining if the employee is an exempt directly or indirectly intimidate, threaten, term ‘exclusive representative’ means any employee described in subsection (a)(1).’’.¿ or coerce, or attempt to intimidate, threat- labor organization that— (a) COMPENSATORY TIME OFF.— en, or coerce, any employee for the purpose ø‘‘(A) is certified as the exclusive rep- (1) IN GENERAL.—Section 7 of the Fair Labor resentative of employees in an appropriate of interfering with the rights of such em- Standards Act of 1938 (29 U.S.C. 207) is amended unit pursuant to Federal law; or ployee under this section to elect or not to by adding at the end the following: ø‘‘(B) was recognized by an employer im- elect to work a biweekly work schedule, to ‘‘(r) COMPENSATORY TIME OFF FOR PRIVATE mediately before the date of enactment of elect or not to elect to participate in a flexi- EMPLOYEES.— this section as the exclusive representative ble credit hour program, or to elect or not to ‘‘(1) VOLUNTARY PARTICIPATION.— of employees in an appropriate unit— elect to work flexible credit hours (including ‘‘(A) IN GENERAL.—Except as provided in sub- working flexible credit hours in lieu of over- ø‘‘(i) on the basis of an election; or paragraph (B), no employee may be required time hours). ø‘‘(ii) on any basis other than an election; under this subsection to receive compensatory ø‘‘(B) DEFINITION.—As used in subpara- øand continues to be so recognized. time off in lieu of monetary overtime compensa- graph (A), the term ‘intimidate, threaten, or ø‘‘(8) FLEXIBLE CREDIT HOURS.—The term tion. The acceptance of compensatory time off coerce’ includes promising to confer or con- ‘flexible credit hours’ means any hours, in lieu of monetary overtime compensation may ferring any benefit (such as appointment, within a flexible credit hour program estab- not be a condition of employment. promotion, or compensation) or effecting or lished under subsection (c), that are in ex- ‘‘(B) COLLECTIVE BARGAINING AGREEMENT.—In threatening to effect any reprisal (such as cess of the basic work requirement of an em- a case in which a valid collective bargaining deprivation of appointment, promotion, or ployee and that, at the election of the em- agreement exists between an employer and the compensation). ployee, the employer and the employee joint- representative of the employees that is recog- ø‘‘(e) APPLICATION OF PROGRAMS IN THE ly designate for the employee to work so as nized as provided for in section 9(a) of the Na- CASE OF COLLECTIVE BARGAINING AGREE- to reduce the hours worked in a week or a tional Labor Relations Act (29 U.S.C. 159(a)), an MENTS.— day subsequent to the day on which the employee may only be required under this sub- ø‘‘(1) APPLICABLE REQUIREMENTS.—In the flexible credit hours are worked. section to receive compensatory time off in lieu case of employees in a unit represented by an ø‘‘(9) OVERTIME HOURS.—The term ‘over- of monetary overtime compensation in accord- exclusive representative, any biweekly work time hours’— ance with the agreement. program or flexible credit hour program de- ø‘‘(A) when used with respect to biweekly ‘‘(2) GENERAL RULE.— scribed in subsection (b) or (c), respectively, work programs under subsection (b), means ‘‘(A) COMPENSATORY TIME OFF.—An employee and the establishment and termination of all hours worked in excess of the biweekly may receive, in accordance with this subsection any such program, shall be subject to the work schedule involved or in excess of 80 and in lieu of monetary overtime compensation, provisions of this section and the terms of a hours in the 2-week period involved, that are compensatory time off at a rate not less than collective bargaining agreement between the requested in advance by an employer. one and one-half hours for each hour of em- employer and the exclusive representative. ø‘‘(B) when used with respect to flexible ployment for which monetary overtime com- ø‘‘(2) INCLUSION OF EMPLOYEES.—Employees credit hour programs under subsection (c), pensation is required by this section. within a unit represented by an exclusive means all hours worked in excess of 40 hours ‘‘(B) DEFINITIONS.—In this subsection: representative shall not be included within in a week that are requested in advance by ‘‘(i) EMPLOYEE.—The term ‘employee’ does not any program under this section except to the an employer, but does not include flexible include an employee of a public agency. extent expressly provided under a collective credit hours. ‘‘(ii) EMPLOYER.—The term ‘employer’ does bargaining agreement between the employer ø‘‘(10) REGULAR RATE.—The term ‘regular not include a public agency. and the exclusive representative. rate’ has the meaning given the term in sec- ‘‘(3) CONDITIONS.—An employer may provide ø‘‘(3) COLLECTIVE BARGAINING AGREE- tion 7(e).’’. compensatory time off to employees under para- MENTS.—Nothing in this section shall be con- ø(2) PROHIBITIONS.— graph (2)(A) only pursuant to the following: strued to diminish the obligation of an em- ø(A) PURPOSES.—The purposes of this para- ‘‘(A) The compensatory time off may be pro- ployer to comply with any collective bar- graph are to make violations of the biweekly vided only in accordance with— S4330 CONGRESSIONAL RECORD — SENATE May 13, 1997

‘‘(i) applicable provisions of a collective bar- ‘‘(II) interfering with the rights of the em- ‘‘(10) DEFINITIONS.—The terms ‘monetary gaining agreement between the employer and ployee to use accrued compensatory time off in overtime compensation’ and ‘compensatory time the representative of the employee that is recog- accordance with paragraph (9); or off’ shall have the meanings given the terms nized as provided for in section 9(a) of the Na- ‘‘(III) requiring the employee to use the com- ‘overtime compensation’ and ‘compensatory tional Labor Relations Act (29 U.S.C. 159(a)); or pensatory time off. time’, respectively, by subsection (o)(7).’’. ‘‘(ii) in the case of an employee who is not ‘‘(ii) DEFINITION.—In clause (i), the term ‘in- (4) NOTICE TO EMPLOYEES.—Not later than 30 represented by a labor organization that is rec- timidate, threaten, or coerce’ has the meaning days after the date of enactment of this Act, the ognized as provided for in section 9(a) of the given the term in section 13A(d)(2). Secretary of Labor shall revise the materials the National Labor Relations Act, an agreement or ‘‘(B) ELECTION OF OVERTIME COMPENSATION Secretary provides, under regulations contained understanding arrived at between the employer OR COMPENSATORY TIME.—An agreement or un- in section 516.4 of title 29, Code of Federal Regu- and employee before the performance of the derstanding that is entered into by an employee lations, to employers for purposes of a notice ex- work involved if the agreement or understand- and employer under paragraph (3)(A)(ii) shall plaining the Fair Labor Standards Act of 1938 to ing was entered into knowingly and voluntarily permit the employee to elect, for an applicable employees so that the notice reflects the amend- by such employee and was not a condition of workweek— ments made to the Act by this subsection. employment. ‘‘(i) the payment of monetary overtime com- (b) BIWEEKLY WORK PROGRAMS AND FLEXIBLE ‘‘(B) The compensatory time off may only be pensation for the workweek; or CREDIT HOUR PROGRAMS.— provided to an employee described in subpara- ‘‘(ii) the accrual of compensatory time off in (1) IN GENERAL.—The Fair Labor Standards graph (A)(ii) if such employee has affirmed, in lieu of the payment of monetary overtime com- Act of 1938 is amended by inserting after section a written or otherwise verifiable statement that pensation for the workweek.’’. 13 (29 U.S.C. 213) the following: is made, kept, and preserved in accordance with (2) REMEDIES AND SANCTIONS.—Section 16 of ‘‘SEC. 13A. BIWEEKLY WORK PROGRAMS AND section 11(c), that the employee has chosen to the Fair Labor Standards Act of 1938 (29 U.S.C. FLEXIBLE CREDIT HOUR PROGRAMS. receive compensatory time off in lieu of mone- 216) is amended by adding at the end the follow- ‘‘(a) VOLUNTARY PARTICIPATION.— tary overtime compensation. ing: ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘(C) An employee shall be eligible to accrue ‘‘(f)(1) In addition to any amount that an em- graph (2), no employee may be required to par- compensatory time off if such employee has not ployer is liable under subsection (b) for a viola- ticipate in a program described in this section. accrued compensatory time off in excess of the tion of a provision of section 7, an employer that Participation in a program described in this sec- limit applicable to the employee prescribed by violates section 7(r)(6)(A) shall be liable to the tion may not be a condition of employment. paragraph (4). employee affected in an amount equal to— ‘‘(2) COLLECTIVE BARGAINING AGREEMENT.—In ‘‘(4) HOUR LIMIT.— ‘‘(A) the product of— a case in which a valid collective bargaining ‘‘(A) MAXIMUM HOURS.—An employee may ac- ‘‘(i) the rate of compensation (determined in agreement exists, an employee may only be re- crue not more than 240 hours of compensatory accordance with section 7(r)(8)(A)); and quired to participate in such a program in ac- time off. ‘‘(ii)(I) the number of hours of compensatory cordance with the agreement. ‘‘(b) BIWEEKLY WORK PROGRAMS.— ‘‘(B) COMPENSATION DATE.—Not later than time off involved in the violation that was ini- ‘‘(1) IN GENERAL.—Notwithstanding section 7, January 31 of each calendar year, the employer tially accrued by the employee; minus an employer may establish biweekly work pro- of the employee shall provide monetary com- ‘‘(II) the number of such hours used by the grams that allow the use of a biweekly work pensation for any unused compensatory time off employee; and schedule— accrued during the preceding calendar year that ‘‘(B) as liquidated damages, the product of— ‘‘(A) that consists of a basic work requirement was not used prior to December 31 of the preced- ‘‘(i) such rate of compensation; and of not more than 80 hours, over a 2-week period; ing calendar year at the rate prescribed by ‘‘(ii) the number of hours of compensatory and paragraph (8). An employer may designate and time off involved in the violation that was ini- tially accrued by the employee. ‘‘(B) in which more than 40 hours of the work communicate to the employees of the employer a requirement may occur in a week of the period. 12-month period other than the calendar year, ‘‘(2) The employer shall be subject to such li- ‘‘(2) CONDITIONS.—An employer may carry out ability in addition to any other remedy avail- in which case the compensation shall be pro- a biweekly work program described in para- able for such violation under this section or sec- vided not later than 31 days after the end of the graph (1) for employees only pursuant to the tion 17, including a criminal penalty under sub- 12-month period. following: section (a) and a civil penalty under subsection ‘‘(C) EXCESS OF 80 HOURS.—The employer may ‘‘(A) AGREEMENT OR UNDERSTANDING.—The (e).’’. provide monetary compensation for an employ- program may be carried out only in accordance (3) CALCULATIONS AND SPECIAL RULES.—Sec- ee’s unused compensatory time off in excess of with— 80 hours at any time after providing the em- tion 7(r) of the Fair Labor Standards Act of 1938 ‘‘(i) applicable provisions of a collective bar- ployee with at least 30 days’ written notice. The (29 U.S.C. 207(r)), as added by paragraph (1), is gaining agreement between the employer and compensation shall be provided at the rate pre- amended by adding at the end the following: the representative of the employees that is rec- ERMINATION OF EMPLOYMENT.—An em- scribed by paragraph (8). ‘‘(7) T ognized as provided for in section 9(a) of the ployee who has accrued compensatory time off ‘‘(5) DISCONTINUANCE OF POLICY OR WITH- National Labor Relations Act (29 U.S.C. 159(a)); authorized to be provided under paragraph (2) DRAWAL.— or ‘‘(A) DISCONTINUANCE OF POLICY.—An em- shall, upon the voluntary or involuntary termi- ‘‘(ii) in the case of an employee who is not ployer that has adopted a policy offering com- nation of employment, be paid for the unused represented by a labor organization that is rec- pensatory time off to employees may discontinue compensatory time off in accordance with para- ognized as provided for in section 9(a) of the the policy for employees described in paragraph graph (8). National Labor Relations Act, an agreement or (3)(A)(ii) after providing 30 days’ written notice ‘‘(8) RATE OF COMPENSATION FOR COMPEN- understanding arrived at between the employer to the employees who are subject to an agree- SATORY TIME OFF.— and employee before the performance of the ment or understanding described in paragraph ‘‘(A) GENERAL RULE.—If compensation is to be work involved if the agreement or understand- (3)(A)(ii). paid to an employee for accrued compensatory ing was entered into knowingly and voluntarily ‘‘(B) WITHDRAWAL.—An employee may with- time off, the compensation shall be paid at a by such employee and was not a condition of draw an agreement or understanding described rate of compensation not less than— employment. in paragraph (3)(A)(ii) at any time, by submit- ‘‘(i) the regular rate received by such em- ‘‘(B) STATEMENT.—The program shall apply to ting a written notice of withdrawal to the em- ployee when the compensatory time off was an employee described in subparagraph (A)(ii) if ployer of the employee. An employee may also earned; or such employee has affirmed, in a written or oth- request in writing that monetary compensation ‘‘(ii) the final regular rate received by such erwise verifiable statement that is made, kept, be provided, at any time, for all compensatory employee, and preserved in accordance with section 11(c), time off accrued that has not been used. Within whichever is higher. that the employee has chosen to participate in 30 days after receiving the written request, the ‘‘(B) CONSIDERATION OF PAYMENT.—Any pay- the program. employer shall provide the employee the mone- ment owed to an employee under this subsection ‘‘(3) COMPENSATION FOR HOURS IN SCHED- tary compensation due in accordance with para- for unused compensatory time off shall be con- ULE.—Notwithstanding section 7, in the case of graph (8). sidered unpaid monetary overtime compensa- an employee participating in such a biweekly ‘‘(6) ADDITIONAL REQUIREMENTS.— tion. work program, the employee shall be com- ‘‘(A) PROHIBITION OF COERCION.— ‘‘(9) USE OF TIME.—An employee— pensated for each hour in such a biweekly work ‘‘(i) IN GENERAL.—An employer that provides ‘‘(A) who has accrued compensatory time off schedule at a rate not less than the regular rate compensatory time off under paragraph (2) to authorized to be provided under paragraph (2); at which the employee is employed. an employee shall not directly or indirectly in- and ‘‘(4) COMPUTATION OF OVERTIME.—All hours timidate, threaten, or coerce, or attempt to in- ‘‘(B) who has requested the use of the accrued worked by the employee in excess of such a bi- timidate, threaten, or coerce, any employee for compensatory time off, weekly work schedule or in excess of 80 hours in the purpose of— shall be permitted by the employer of the em- the 2-week period, that are requested in advance ‘‘(I) interfering with the rights of the em- ployee to use the accrued compensatory time off by the employer, shall be overtime hours. ployee under this subsection to request or not within a reasonable period after making the re- ‘‘(5) OVERTIME COMPENSATION PROVISION.— request compensatory time off in lieu of pay- quest if the use of the accrued compensatory The employee shall be compensated for each ment of monetary overtime compensation for time off does not unduly disrupt the operations such overtime hour at a rate not less than one overtime hours; of the employer. and one-half times the regular rate at which the May 13, 1997 CONGRESSIONAL RECORD — SENATE S4331

employee is employed, in accordance with sec- nicate to the employees of the employer a 12- ‘‘(e) DEFINITIONS.—In this section: tion 7(a)(1), or receive compensatory time off in month period other than the calendar year, in ‘‘(1) BASIC WORK REQUIREMENT.—The term accordance with section 7(r) for each such over- which case the compensation shall be provided ‘basic work requirement’ means the number of time hour. not later than 31 days after the end of the 12- hours, excluding overtime hours, that an em- ‘‘(6) DISCONTINUANCE OF PROGRAM OR WITH- month period. ployee is required to work or is required to ac- DRAWAL.— ‘‘(4) COMPENSATION FOR FLEXIBLE CREDIT count for by leave or otherwise. ‘‘(A) DISCONTINUANCE OF PROGRAM.—An em- HOURS.—Notwithstanding section 7, in the case ‘‘(2) COLLECTIVE BARGAINING.—The term ‘col- ployer that has established a biweekly work pro- of an employee participating in such a flexible lective bargaining’ means the performance of gram under paragraph (1) may discontinue the credit hour program, the employee shall be com- the mutual obligation of the representative of an program for employees described in paragraph pensated for each flexible credit hour at a rate employer and the representative of employees of (2)(A)(ii) after providing 30 days’ written notice not less than the regular rate at which the em- the employer that is recognized as provided for to the employees who are subject to an agree- ployee is employed. in section 9(a) of the National Labor Relations ment or understanding described in paragraph ‘‘(5) COMPUTATION OF OVERTIME.—All hours Act (29 U.S.C. 159(a)) to meet at reasonable (2)(A)(ii). worked by the employee in excess of 40 hours in times and to consult and bargain in a good-faith ‘‘(B) WITHDRAWAL.—An employee may with- a week that are requested in advance by the em- effort to reach agreement with respect to the draw an agreement or understanding described ployer, other than flexible credit hours, shall be conditions of employment affecting such em- in paragraph (2)(A)(ii) at the end of any 2–week overtime hours. ployees and to execute, if requested by either period described in paragraph (1)(A), by submit- ‘‘(6) OVERTIME COMPENSATION PROVISION.— party, a written document incorporating any ting a written notice of withdrawal to the em- The employee shall be compensated for each collective bargaining agreement reached, but the ployer of the employee. such overtime hour at a rate not less than one obligation referred to in this paragraph shall ‘‘(c) FLEXIBLE CREDIT HOUR PROGRAMS.— and one-half times the regular rate at which the not compel either party to agree to a proposal or ‘‘(1) IN GENERAL.—Notwithstanding section 7, employee is employed, in accordance with sec- to make a concession. an employer may establish flexible credit hour tion 7(a)(1), or receive compensatory time off in ‘‘(3) COLLECTIVE BARGAINING AGREEMENT.— programs, under which, at the election of an accordance with section 7(r) for each such over- The term ‘collective bargaining agreement’ employee, the employer and the employee jointly time hour. means an agreement entered into as a result of designate hours for the employee to work that ‘‘(7) USE OF TIME.—An employee— collective bargaining. are in excess of the basic work requirement of ‘‘(A) who has accrued flexible credit hours; ‘‘(4) ELECTION.—The term ‘at the election of’, the employee so that the employee can accrue and used with respect to an employee, means at the flexible credit hours to reduce the hours worked ‘‘(B) who has requested the use of the accrued initiative of, and at the request of, the em- in a week or a day subsequent to the day on flexible credit hours, ployee. which the flexible credit hours are worked. ‘‘(5) EMPLOYEE.—The term ‘employee’ does shall be permitted by the employer of the em- ‘‘(2) CONDITIONS.—An employer may carry out not include an employee of a public agency. ployee to use the accrued flexible credit hours a flexible credit hour program described in para- ‘‘(6) EMPLOYER.—The term ‘employer’ does within a reasonable period after making the re- graph (1) for employees only pursuant to the not include a public agency. quest if the use of the accrued flexible credit following: ‘‘(7) FLEXIBLE CREDIT HOURS.—The term hours does not unduly disrupt the operations of ‘‘(A) AGREEMENT OR UNDERSTANDING.—The ‘flexible credit hours’ means any hours, within the employer. program may be carried out only in accordance a flexible credit hour program established under ‘‘(8) DISCONTINUANCE OF PROGRAM OR WITH- with— subsection (c), that are in excess of the basic DRAWAL.— ‘‘(i) applicable provisions of a collective bar- work requirement of an employee and that, at ‘‘(A) DISCONTINUANCE OF PROGRAM.—An em- gaining agreement between the employer and the election of the employee, the employer and ployer that has established a flexible credit hour the representative of the employees that is rec- the employee jointly designate for the employee program under paragraph (1) may discontinue ognized as provided for in section 9(a) of the to work so as to reduce the hours worked in a the program for employees described in para- National Labor Relations Act (29 U.S.C. 159(a)); week or a day subsequent to the day on which graph (2)(A)(ii) after providing 30 days’ written or the flexible credit hours are worked. notice to the employees who are subject to an ‘‘(ii) in the case of an employee who is not ‘‘(8) OVERTIME HOURS.—The term ‘overtime agreement or understanding described in para- represented by a labor organization that is rec- hours’— ognized as provided for in section 9(a) of the graph (2)(A)(ii). ‘‘(A) when used with respect to biweekly work National Labor Relations Act, an agreement or ‘‘(B) WITHDRAWAL.—An employee may with- programs under subsection (b), means all hours understanding arrived at between the employer draw an agreement or understanding described worked in excess of the biweekly work schedule and employee before the performance of the in paragraph (2)(A)(ii) at any time, by submit- involved or in excess of 80 hours in the 2-week work involved if the agreement or understand- ting a written notice of withdrawal to the em- period involved, that are requested in advance ing was entered into knowingly and voluntarily ployer of the employee. An employee may also by an employer; or by such employee and was not a condition of request in writing that monetary compensation ‘‘(B) when used with respect to flexible credit employment. be provided, at any time, for all flexible credit hour programs under subsection (c), means all ‘‘(B) STATEMENT.—The program shall apply to hours accrued that have not been used. Within hours worked in excess of 40 hours in a week an employee described in subparagraph (A)(ii) if 30 days after receiving the written request, the that are requested in advance by an employer, such employee has affirmed, in a written or oth- employer shall provide the employee the mone- but does not include flexible credit hours. erwise verifiable statement that is made, kept, tary compensation due at a rate not less than ‘‘(9) REGULAR RATE.—The term ‘regular rate’ and preserved in accordance with section 11(c), the regular rate at which the employee is em- has the meaning given the term in section 7(e).’’. that the employee has chosen to participate in ployed on the date the employee receives the (2) PROHIBITIONS.—Section 15(a)(3) of the Fair the program. compensation. Labor Standards Act of 1938 (29 U.S.C. ‘‘(C) HOURS.—An agreement or understanding ‘‘(d) PROHIBITION OF COERCION.— 215(a)(3)) is amended— that is entered into under subparagraph (A) ‘‘(1) IN GENERAL.—An employer shall not di- (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; shall provide that, at the election of an em- rectly or indirectly intimidate, threaten, or co- (B) by adding ‘‘or’’ after the semicolon; and ployee, the employer and the employee will erce, or attempt to intimidate, threaten, or co- (C) by adding at the end the following: jointly designate, for an applicable workweek, erce, any employee for the purpose of— ‘‘(B) to violate any of the provisions of section flexible credit hours for the employee to work. ‘‘(A) interfering with the rights of the em- 13A;’’. ‘‘(D) LIMIT.—An employee shall be eligible to ployee under this section to elect or not to elect (c) LIMITATIONS ON SALARY PRACTICES RELAT- accrue flexible credit hours if the employee has to work a biweekly work schedule; ING TO EXEMPT EMPLOYEES.— not accrued flexible credit hours in excess of the ‘‘(B) interfering with the rights of the em- (1) IN GENERAL.—Section 13 of the Fair Labor limit applicable to the employee prescribed by ployee under this section to elect or not to elect Standards Act of 1938 (29 U.S.C. 213) is amended paragraph (3). to participate in a flexible credit hour program, by adding at the end the following: ‘‘(3) HOUR LIMIT.— or to elect or not to elect to work flexible credit ‘‘(m)(1)(A) In the case of a determination of ‘‘(A) MAXIMUM HOURS.—An employee who is hours (including working flexible credit hours in whether an employee is an exempt employee de- participating in such a flexible credit hour pro- lieu of overtime hours); scribed in subsection (a)(1), the fact that the em- gram may accrue not more than 50 flexible credit ‘‘(C) interfering with the rights of the em- ployee is subject to deductions in pay for— hours. ployee under this section to use accrued flexible ‘‘(i) absences of the employee from employ- ‘‘(B) COMPENSATION DATE.—Not later than credit hours in accordance with subsection ment of less than a full workday; or January 31 of each calendar year, the employer (c)(7); or ‘‘(ii) absences of the employee from employ- of an employee who is participating in such a ‘‘(D) requiring the employee to use the flexible ment of less than a full pay period, flexible credit hour program shall provide mone- credit hours. shall not be considered in making such deter- tary compensation for any flexible credit hours ‘‘(2) DEFINITION.—In paragraph (1), the term mination. accrued during the preceding calendar year that ‘intimidate, threaten, or coerce’ includes promis- ‘‘(B) In the case of a determination described were not used prior to December 31 of the pre- ing to confer or conferring any benefit (such as in subparagraph (A), an actual reduction in ceding calendar year at a rate not less than the appointment, promotion, or compensation) or pay of the employee may be considered in mak- regular rate at which the employee is employed effecting or threatening to effect any reprisal ing the determination for that employee. on the date the employee receives the compensa- (such as deprivation of appointment, promotion, ‘‘(C) For the purposes of this paragraph, the tion. An employer may designate and commu- or compensation). term ‘actual reduction in pay’ does not include S4332 CONGRESSIONAL RECORD — SENATE May 13, 1997 any reduction in accrued paid leave, or any ‘‘(I) who is an employee (as defined in sec- ‘‘(6)(A)(i) An employer that provides com- other practice, that does not reduce the amount tion 3); pensatory time off under paragraph (2) to an of pay an employee receives for a pay period. ‘‘(II) who is not an employee of a public employee shall not directly or indirectly in- ‘‘(2) The payment of overtime compensation or agency; and timidate, threaten, or coerce, or attempt to other additions to the compensation of an em- ‘‘(III) to whom subsection (a) applies. intimidate, threaten, or coerce, any em- ployee employed on a salary based on hours ‘‘(ii) The term ‘employer’ does not include ployee for the purpose of— worked shall not be considered in determining if a public agency. ‘‘(I) interfering with the rights of the em- the employee is an exempt employee described in ‘‘(3) An employer may provide compen- ployee under this subsection to request or subsection (a)(1).’’. satory time off to employees under para- not request compensatory time off in lieu of (2) EFFECTIVE DATE.—The amendment made graph (2)(A) only pursuant to the following: payment of monetary overtime compensa- by paragraph (1) shall take effect on the date of ‘‘(A) The compensatory time off may be tion for overtime hours; enactment of this Act and shall apply to any provided only in accordance with— ‘‘(II) interfering with the rights of the em- civil action— ‘‘(i) applicable provisions of a collective ployee to use accrued compensatory time off (A) that involves an issue with respect to sec- bargaining agreement between the employer in accordance with paragraph (9); or tion 13(a)(1) of the Fair Labor Standards Act of and the labor organization that has been cer- ‘‘(III) requiring the employee to use the 1938 (29 U.S.C. 213(a)(1)); and tified or recognized as the representative of compensatory time off. (B) in which a final judgment has not been the employees under applicable law; or ‘‘(ii) In clause (i), the term ‘intimidate, made prior to such date. ‘‘(ii) in the case of an employee who is not threaten, or coerce’ has the meaning given The PRESIDING OFFICER. The Sen- represented by a labor organization de- the term in section 13A(d)(2). ator from Vermont. scribed in clause (i), an agreement or under- ‘‘(B) An agreement or understanding that standing arrived at between the employer is entered into by an employee and employer MODIFICATION OF COMMITTEE AMENDMENT and employee before the performance of the under paragraph (3)(A)(ii) shall permit the Mr. JEFFORDS. On behalf of the work involved if the agreement or under- employee to elect, for an applicable work- committee, I modify the committee standing was entered into knowingly and week— amendment as follows, and I send the voluntarily by such employee and was not a ‘‘(i) the payment of monetary overtime modified committee amendment to the condition of employment. compensation for the workweek; or desk. ‘‘(B) The compensatory time off may only ‘‘(ii) the accrual of compensatory time off The PRESIDING OFFICER. The be provided to an employee described in sub- in lieu of the payment of monetary overtime paragraph (A)(ii) if such employee has af- compensation for the workweek.’’. amendment is so modified. firmed, in a written or otherwise verifiable The modification is as follows: (2) REMEDIES AND SANCTIONS.—Section 16 of statement that is made, kept, and preserved the Fair Labor Standards Act of 1938 (29 Strike all after the enacting clause and in- in accordance with section 11(c), that the U.S.C. 216) is amended by adding at the end sert the following: employee has chosen to receive compen- the following: SECTION 1. SHORT TITLE. satory time off in lieu of monetary overtime ‘‘(f)(1) In addition to any amount that an This Act may be cited as the ‘‘Family compensation. employer is liable under subsection (b) for a Friendly Workplace Act’’. ‘‘(C) No employee may receive, or agree to violation of a provision of section 7, an em- SEC. 2. PURPOSES. receive, the compensatory time off unless ployer that violates section 7(r)(6)(A) shall The purposes of this Act are— the employee has been employed for at least be liable to the employee affected in an (1) to assist working people in the United 12 months by the employer, and for at least amount equal to— States; 1,250 hours of service with the employer dur- ‘‘(A) the product of— (2) to balance the demands of workplaces ing the previous 12-month period. ‘‘(i) the rate of compensation (determined with the needs of families; ‘‘(D) An employee shall be eligible to ac- in accordance with section 7(r)(8)(A)); and (3) to provide such assistance and balance crue compensatory time off if such employee ‘‘(ii)(I) the number of hours of compen- such demands by allowing employers to offer has not accrued compensatory time off in ex- satory time off involved in the violation that compensatory time off, which employees cess of the limit applicable to the employee was initially accrued by the employee; may voluntarily elect to receive, and to es- prescribed by paragraph (4). minus tablish biweekly work programs and flexible ‘‘(4)(A) An employee may accrue not more ‘‘(II) the number of such hours used by the credit hour programs, in which employees than 240 hours of compensatory time off. employee; and ‘‘(B) Not later than January 31 of each cal- may voluntarily participate; and ‘‘(B) as liquidated damages, the product endar year, the employer of the employee (4) to give private sector employees the of— shall provide monetary compensation for same benefits of compensatory time off, bi- ‘‘(i) such rate of compensation; and any unused compensatory time off accrued weekly work schedules, and flexible credit ‘‘(ii) the number of hours of compensatory during the preceding calendar year that was hours as have been enjoyed by Federal Gov- time off involved in the violation that was not used prior to December 31 of the preced- ernment employees since 1978. initially accrued by the employee. ing calendar year at the rate prescribed by ‘‘(2) The employer shall be subject to such SEC. 3. WORKPLACE FLEXIBILITY OPTIONS. paragraph (8). An employer may designate (a) COMPENSATORY TIME OFF.— liability in addition to any other remedy and communicate to the employees of the available for such violation under this sec- (1) IN GENERAL.—Section 7 of the Fair employer a 12-month period other than the tion or section 17, including a criminal pen- Labor Standards Act of 1938 (29 U.S.C. 207) is calendar year, in which case the compensa- alty under subsection (a) and a civil penalty amended by adding at the end the following: tion shall be provided not later than 31 days under subsection (e).’’. ‘‘(r)(1)(A) Except as provided in subpara- after the end of the 12-month period. (3) CALCULATIONS AND SPECIAL RULES.—Sec- graph (B), no employee may be required ‘‘(C) The employer may provide monetary tion 7(r) of the Fair Labor Standards Act of under this subsection to receive compen- compensation for an employee’s unused com- 1938 (29 U.S.C. 207(r)), as added by paragraph satory time off in lieu of monetary overtime pensatory time off in excess of 80 hours at (1), is amended by adding at the end the fol- compensation. The acceptance of compen- any time after providing the employee with lowing: satory time off in lieu of monetary overtime at least 30 days’ written notice. The com- ‘‘(7) An employee who has accrued compen- compensation may not be a condition of em- pensation shall be provided at the rate pre- satory time off authorized to be provided ployment. scribed by paragraph (8). ‘‘(B) In a case in which a valid collective ‘‘(5)(A) An employer that has adopted a under paragraph (2) shall, upon the vol- bargaining agreement exists between an em- policy offering compensatory time off to em- untary or involuntary termination of em- ployer and the labor organization that has ployees may discontinue the policy for em- ployment, be paid for the unused compen- been certified or recognized as the represent- ployees described in paragraph (3)(A)(ii) after satory time off in accordance with paragraph ative of the employees of the employer under providing 30 days’ written notice to the em- (8). applicable law, an employee may only be re- ployees who are subject to an agreement or ‘‘(8)(A) If compensation is to be paid to an quired under this subsection to receive com- understanding described in paragraph employee for accrued compensatory time off, pensatory time off in lieu of monetary over- (3)(A)(ii). the compensation shall be paid at a rate of time compensation in accordance with the ‘‘(B) An employee may withdraw an agree- compensation not less than— agreement. ment or understanding described in para- ‘‘(i) the regular rate received by such em- ‘‘(2)(A) An employee may receive, in ac- graph (3)(A)(ii) at any time, by submitting a ployee when the compensatory time off was cordance with this subsection and in lieu of written notice of withdrawal to the employer earned; or monetary overtime compensation, compen- of the employee. An employee may also re- ‘‘(ii) the final regular rate received by such satory time off at a rate not less than one quest in writing that monetary compensa- employee; and one-half hours for each hour of employ- tion be provided, at any time, for all com- whichever is higher. ment for which monetary overtime com- pensatory time off accrued that has not been ‘‘(B) Any payment owed to an employee pensation is required by this section. used. Within 30 days after receiving the writ- under this subsection for unused compen- ‘‘(B) In this subsection: ten request, the employer shall provide the satory time off shall be considered unpaid ‘‘(i) The term ‘employee’ means an individ- employee the monetary compensation due in monetary overtime compensation. ual— accordance with paragraph (8). ‘‘(9) An employee— May 13, 1997 CONGRESSIONAL RECORD — SENATE S4333

‘‘(A) who has accrued compensatory time ance with section 11(c), that the employee ‘‘(C) HOURS.—An agreement or understand- off authorized to be provided under para- has chosen to participate in the program. ing that is entered into under subparagraph graph (2); and ‘‘(C) MINIMUM SERVICE.—No employee may (A) shall provide that, at the election of an ‘‘(B) who has requested the use of the ac- participate, or agree to participate, in the employee, the employer and the employee crued compensatory time off; program unless the employee has been em- will jointly designate, for an applicable shall be permitted by the employer of the ployed for at least 12 months by the em- workweek, flexible credit hours for the em- employee to use the accrued compensatory ployer, and for at least 1,250 hours of service ployee to work. time off within a reasonable period after with the employer during the previous 12- ‘‘(D) MINIMUM SERVICE.—No employee may making the request if the use of the accrued month period. participate, or agree to participate, in the compensatory time off does not unduly dis- ‘‘(3) COMPENSATION FOR HOURS IN SCHED- program unless the employee has been em- rupt the operations of the employer. ULE.—Notwithstanding section 7, in the case ployed for at least 12 months by the em- ‘‘(10) The terms ‘monetary overtime com- of an employee participating in such a bi- ployer, and for at least 1,250 hours of service pensation’ and ‘compensatory time off ’ shall weekly work program, the employee shall be with the employer during the previous 12- have the meanings given the terms ‘overtime compensated for each hour in such a bi- month period. compensation’ and ‘compensatory time’, re- weekly work schedule at a rate not less than ‘‘(E) LIMIT.—An employee shall be eligible spectively, by subsection (o)(7).’’. the regular rate at which the employee is to accrue flexible credit hours if the em- (4) NOTICE TO EMPLOYEES.—Not later than employed. ployee has not accrued flexible credit hours 30 days after the date of enactment of this ‘‘(4) COMPUTATION OF OVERTIME.—All hours in excess of the limit applicable to the em- Act, the Secretary of Labor shall revise the worked by the employee in excess of such a ployee prescribed by paragraph (3). materials the Secretary provides, under reg- biweekly work schedule or in excess of 80 ‘‘(3) HOUR LIMIT.— ulations contained in section 516.4 of title 29, hours in the 2-week period, that are re- ‘‘(A) MAXIMUM HOURS.—An employee who is Code of Federal Regulations, to employers quested in advance by the employer, shall be participating in such a flexible credit hour for purposes of a notice explaining the Fair overtime hours. program may accrue not more than 50 flexi- Labor Standards Act of 1938 to employees so ‘‘(5) OVERTIME COMPENSATION PROVISION.— ble credit hours. that the notice reflects the amendments The employee shall be compensated for each ‘‘(B) COMPENSATION DATE.—Not later than made to the Act by this subsection. such overtime hour at a rate not less than January 31 of each calendar year, the em- (b) BIWEEKLY WORK PROGRAMS AND FLEXI- one and one-half times the regular rate at ployer of an employee who is participating in BLE CREDIT HOUR PROGRAMS.— which the employee is employed, in accord- such a flexible credit hour program shall pro- (1) IN GENERAL.—The Fair Labor Standards ance with section 7(a)(1), or receive compen- vide monetary compensation for any flexible Act of 1938 is amended by inserting after sec- satory time off in accordance with section credit hours accrued during the preceding tion 13 (29 U.S.C. 213) the following: 7(r) for each such overtime hour. calendar year that were not used prior to De- ‘‘(6) DISCONTINUANCE OF PROGRAM OR WITH- ‘‘SEC. 13A. BIWEEKLY WORK PROGRAMS AND cember 31 of the preceding calendar year at FLEXIBLE CREDIT HOUR PRO- DRAWAL.— a rate not less than the regular rate at which GRAMS. ‘‘(A) DISCONTINUANCE OF PROGRAM.—An em- the employee is employed on the date the ‘‘(a) VOLUNTARY PARTICIPATION.— ployer that has established a biweekly work employee receives the compensation. An em- ‘‘(1) IN GENERAL.—Except as provided in program under paragraph (1) may dis- ployer may designate and communicate to continue the program for employees de- paragraph (2), no employee may be required the employees of the employer a 12-month scribed in paragraph (2)(A)(ii) after providing to participate in a program described in this period other than the calendar year, in 30 days’ written notice to the employees who section. Participation in a program de- which case the compensation shall be pro- are subject to an agreement or understand- scribed in this section may not be a condi- vided not later than 31 days after the end of ing described in paragraph (2)(A)(ii). tion of employment. the 12-month period. ‘‘(B) WITHDRAWAL.—An employee may ‘‘(2) COLLECTIVE BARGAINING AGREEMENT.— ‘‘(4) COMPENSATION FOR FLEXIBLE CREDIT withdraw an agreement or understanding de- In a case in which a valid collective bargain- HOURS.—Notwithstanding section 7, in the scribed in paragraph (2)(A)(ii) at the end of ing agreement exists between an employer case of an employee participating in such a any 2–week period described in paragraph and the labor organization that has been cer- flexible credit hour program, the employee (1)(A), by submitting a written notice of tified or recognized as the representative of shall be compensated for each flexible credit withdrawal to the employer of the employee. the employees of the employer under appli- hour at a rate not less than the regular rate cable law, an employee may only be required ‘‘(c) FLEXIBLE CREDIT HOUR PROGRAMS.— at which the employee is employed. to participate in such a program in accord- ‘‘(1) IN GENERAL.—Notwithstanding section ‘‘(5) COMPUTATION OF OVERTIME.—All hours ance with the agreement. 7, an employer may establish flexible credit worked by the employee in excess of 40 hours ‘‘(b) BIWEEKLY WORK PROGRAMS.— hour programs, under which, at the election in a week that are requested in advance by ‘‘(1) IN GENERAL.—Notwithstanding section of an employee, the employer and the em- the employer, other than flexible credit 7, an employer may establish biweekly work ployee jointly designate hours for the em- hours, shall be overtime hours. programs that allow the use of a biweekly ployee to work that are in excess of the basic ‘‘(6) OVERTIME COMPENSATION PROVISION.— work schedule— work requirement of the employee so that The employee shall be compensated for each ‘‘(A) that consists of a basic work require- the employee can accrue flexible credit such overtime hour at a rate not less than ment of not more than 80 hours, over a 2- hours to reduce the hours worked in a week one and one-half times the regular rate at week period; and or a day subsequent to the day on which the which the employee is employed, in accord- ‘‘(B) in which more than 40 hours of the flexible credit hours are worked. ance with section 7(a)(1), or receive compen- work requirement may occur in a week of ‘‘(2) CONDITIONS.—An employer may carry satory time off in accordance with section the period. out a flexible credit hour program described 7(r) for each such overtime hour. ‘‘(2) CONDITIONS.—An employer may carry in paragraph (1) for employees only pursuant ‘‘(7) USE OF TIME.—An employee— out a biweekly work program described in to the following: ‘‘(A) who has accrued flexible credit hours; paragraph (1) for employees only pursuant to ‘‘(A) AGREEMENT OR UNDERSTANDING.—The and the following: program may be carried out only in accord- ‘‘(B) who has requested the use of the ac- ‘‘(A) AGREEMENT OR UNDERSTANDING.—The ance with— crued flexible credit hours; program may be carried out only in accord- ‘‘(i) applicable provisions of a collective ance with— bargaining agreement between the employer shall be permitted by the employer of the ‘‘(i) applicable provisions of a collective and the labor organization that has been cer- employee to use the accrued flexible credit bargaining agreement between the employer tified or recognized as the representative of hours within a reasonable period after mak- and the labor organization that has been cer- the employees under applicable law; or ing the request if the use of the accrued tified or recognized as the representative of ‘‘(ii) in the case of an employee who is not flexible credit hours does not unduly disrupt the employees under applicable law; or represented by a labor organization de- the operations of the employer. ‘‘(ii) in the case of an employee who is not scribed in clause (i), an agreement or under- ‘‘(8) DISCONTINUANCE OF PROGRAM OR WITH- represented by a labor organization de- standing arrived at between the employer DRAWAL.— scribed in clause (i), an agreement or under- and employee before the performance of the ‘‘(A) DISCONTINUANCE OF PROGRAM.—An em- standing arrived at between the employer work involved if the agreement or under- ployer that has established a flexible credit and employee before the performance of the standing was entered into knowingly and hour program under paragraph (1) may dis- work involved if the agreement or under- voluntarily by such employee and was not a continue the program for employees de- standing was entered into knowingly and condition of employment. scribed in paragraph (2)(A)(ii) after providing voluntarily by such employee and was not a ‘‘(B) STATEMENT.—The program shall apply 30 days’ written notice to the employees who condition of employment. to an employee described in subparagraph are subject to an agreement or understand- ‘‘(B) STATEMENT.—The program shall apply (A)(ii) if such employee has affirmed, in a ing described in paragraph (2)(A)(ii). to an employee described in subparagraph written or otherwise verifiable statement ‘‘(B) WITHDRAWAL.—An employee may (A)(ii) if such employee has affirmed, in a that is made, kept, and preserved in accord- withdraw an agreement or understanding de- written or otherwise verifiable statement ance with section 11(c), that the employee scribed in paragraph (2)(A)(ii) at any time, that is made, kept, and preserved in accord- has chosen to participate in the program. by submitting a written notice of withdrawal S4334 CONGRESSIONAL RECORD — SENATE May 13, 1997

to the employer of the employee. An em- ‘‘(7) FLEXIBLE CREDIT HOURS.—The term Act, the Secretary of Labor shall revise the ployee may also request in writing that mon- ‘flexible credit hours’ means any hours, materials the Secretary provides, under reg- etary compensation be provided, at any within a flexible credit hour program estab- ulations contained in section 516.4 of title 29, time, for all flexible credit hours accrued lished under subsection (c), that are in ex- Code of Federal Regulations, to employers that have not been used. Within 30 days after cess of the basic work requirement of an em- for purposes of a notice explaining the Fair receiving the written request, the employer ployee and that, at the election of the em- Labor Standards Act of 1938 to employees so shall provide the employee the monetary ployee, the employer and the employee joint- that the notice reflects the amendments compensation due at a rate not less than the ly designate for the employee to work so as made to the Act by this subsection. regular rate at which the employee is em- to reduce the hours worked in a week or a (c) LIMITATIONS ON SALARY PRACTICES RE- ployed on the date the employee receives the day subsequent to the day on which the LATING TO EXEMPT EMPLOYEES.— compensation. flexible credit hours are worked. (1) IN GENERAL.—Section 13 of the Fair ‘‘(9) PAYMENT ON TERMINATION OF EMPLOY- ‘‘(8) OVERTIME HOURS.—The term ‘overtime Labor Standards Act of 1938 (29 U.S.C. 213) is MENT.—An employee who has accrued flexi- hours’— amended by adding at the end the following: ble credit hours under paragraph (1) shall, ‘‘(A) when used with respect to biweekly ‘‘(m)(1)(A) In the case of a determination upon the voluntary or involuntary termi- work programs under subsection (b), means of whether an employee is an exempt em- nation of employment, be paid for the un- all hours worked in excess of the biweekly ployee described in paragraph (1) or (17) of used flexible credit hours at a rate not less work schedule involved or in excess of 80 subsection (a), the fact that the employee is than the final regular rate received by the hours in the 2-week period involved, that are subject to deductions in pay for— employee. requested in advance by an employer; or ‘‘(i) absences of the employee from employ- ‘‘(d) PROHIBITION OF COERCION.— ‘‘(B) when used with respect to flexible ment of less than a full workday; or ‘‘(1) IN GENERAL.—An employer shall not credit hour programs under subsection (c), ‘‘(ii) absences of the employee from em- directly or indirectly intimidate, threaten, means all hours worked in excess of 40 hours ployment of less than a full workweek; or coerce, or attempt to intimidate, threat- in a week that are requested in advance by shall not be considered in making such de- en, or coerce, any employee for the purpose an employer, but does not include flexible termination. of— credit hours. ‘‘(B)(i) Except as provided in clause (ii), in ‘‘(A) interfering with the rights of the em- ‘‘(9) REGULAR RATE.—The term ‘regular the case of a determination described in sub- ployee under this section to elect or not to rate’ has the meaning given the term in sec- paragraph (A), an actual reduction in pay of elect to work a biweekly work schedule; tion 7(e).’’. the employee may be considered in making ‘‘(B) interfering with the rights of the em- (2) PROHIBITIONS.—Section 15(a)(3) of the the determination for that employee. ployee under this section to elect or not to Fair Labor Standards Act of 1938 (29 U.S.C. ‘‘(ii) For the purposes of this subsection, elect to participate in a flexible credit hour 215(a)(3)) is amended— an actual reduction in pay of an employee of program, or to elect or not to elect to work (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; a public agency shall not be considered in flexible credit hours (including working (B) by adding ‘‘or’’ after the semicolon; and making a determination described in sub- flexible credit hours in lieu of overtime (C) by adding at the end the following: paragraph (A) if such reduction is permis- hours); ‘‘(B) to violate any of the provisions of sec- sible under regulations prescribed by the ‘‘(C) interfering with the rights of the em- tion 13A;’’. Secretary under section 541.5d of title 29, ployee under this section to use accrued (3) REMEDIES AND SANCTIONS.—Section 16 of Code of Federal Regulations (as in effect on flexible credit hours in accordance with sub- the Fair Labor Standards Act of 1938 (29 August 19, 1992). section (c)(7); or U.S.C. 216), as amended in subsection (a)(2), ‘‘(C) For the purposes of this paragraph, ‘‘(D) requiring the employee to use the is further amended— the term ‘absences’ includes absences as a re- flexible credit hours. (A) in subsection (c)— sult of a disciplinary suspension of an em- ‘‘(2) DEFINITION.—In paragraph (1), the (i) in the first sentence— ployee from employment. term ‘intimidate, threaten, or coerce’ in- (I) by inserting after ‘‘7 of this Act’’ the ‘‘(D) For the purposes of this paragraph, cludes promising to confer or conferring any following: ‘‘, or of the appropriate legal or the term ‘actual reduction in pay’ does not benefit (such as appointment, promotion, or monetary equitable relief owing to any em- include any reduction in accrued paid leave, compensation) or effecting or threatening to ployee or employees under section 13A’’; and or any other practice, that does not reduce effect any reprisal (such as deprivation of ap- (II) by striking ‘‘wages or unpaid overtime the amount of pay an employee receives for pointment, promotion, or compensation). compensation and’’ and inserting ‘‘wages, a pay period. ‘‘(e) DEFINITIONS.—In this section: unpaid overtime compensation, or legal or ‘‘(2) The payment of overtime compensa- ‘‘(1) BASIC WORK REQUIREMENT.—The term monetary equitable relief, as appropriate, tion or other additions to the compensation ‘basic work requirement’ means the number and’’; of an employee employed on a salary based of hours, excluding overtime hours, that an (ii) in the second sentence, by striking on hours worked shall not be considered in employee is required to work or is required ‘‘wages or overtime compensation and’’ and determining if the employee is an exempt to account for by leave or otherwise. inserting ‘‘wages, unpaid overtime com- employee described in paragraph (1) or (17) of ‘‘(2) COLLECTIVE BARGAINING.—The term pensation, or legal or monetary equitable re- subsection (a).’’. ‘collective bargaining’ means the perform- lief, as appropriate, and’’; and (2) EFFECTIVE DATE.—The amendment ance of the mutual obligation of the rep- (iii) in the third sentence— made by paragraph (1) shall take effect on resentative of an employer and the labor or- (I) by inserting after ‘‘first sentence of the date of enactment of this Act and shall ganization that has been certified or recog- such subsection’’ the following: ‘‘, or the sec- apply to any civil action— nized as the representative of the employees ond sentence of such subsection in the event (A) that involves an issue with respect to of the employer under applicable law to meet of a violation of section 13A,’’; and section 13(a)(1) of the Fair Labor Standards at reasonable times and to consult and bar- (II) by striking ‘‘wages or unpaid overtime Act of 1938 (29 U.S.C. 213(a)(1)); and gain in a good-faith effort to reach agree- compensation under sections 6 and 7 or’’ and (B) in which a final judgment has not been ment with respect to the conditions of em- inserting ‘‘wages, unpaid overtime com- made prior to such date. ployment affecting such employees and to pensation, or legal or monetary equitable re- execute, if requested by either party, a writ- Mr. JEFFORDS. Mr. President, I lief, as appropriate, or’’; would like to take this opportunity to ten document incorporating any collective (B) in subsection (e)— bargaining agreement reached, but the obli- once again thank everyone who has (i) in the second sentence, by striking ‘‘sec- worked so hard to bring S. 4, the Fam- gation referred to in this paragraph shall not tion 6 or 7’’ and inserting ‘‘section 6, 7, or compel either party to agree to a proposal or 13A’’; and ily Friendly Workplace Act, to the to make a concession. (ii) in the fourth sentence, in paragraph (3), floor. In particular, I would like to rec- ‘‘(3) COLLECTIVE BARGAINING AGREEMENT.— by striking ‘‘15(a)(4) or’’ and inserting ognize the efforts and hard work of The term ‘collective bargaining agreement’ ‘‘15(a)(4), a violation of section 15(a)(3)(B), Senator MIKE DEWINE, the chairman of means an agreement entered into as a result or’’; and the Subcommittee on Employment and of collective bargaining. (C) by adding at the end the following: ‘‘(4) ELECTION.—The term ‘at the election Training, and Senator JOHN ASHCROFT, ‘‘(g)(1) In addition to any amount that an the author and original sponsor of the of ’, used with respect to an employee, means employer is liable under the second sentence at the initiative of, and at the request of, the of subsection (b) for a violation of a provi- bill. I am especially gratified to be employee. sion of section 13A, an employer that vio- working with Senators ASHCROFT and ‘‘(5) EMPLOYEE.—The term ‘employee’ lates section 13A(d) shall be liable to the em- DEWINE on this important bill. means an individual— ployee affected for an additional sum equal We are here today because we share ‘‘(A) who is an employee (as defined in sec- to that amount. the belief that S. 4 could make a world tion 3); ‘‘(2) The employer shall be subject to such of difference in the lives of millions of ‘‘(B) who is not an employee of a public liability in addition to any other remedy agency; and available for such violation under this sec- Americans. During the markup of S. 4, ‘‘(C) to whom section 7(a) applies. tion or section 17.’’. a number of issues were brought to the ‘‘(6) EMPLOYER.—The term ‘employer’ does (4) NOTICE TO EMPLOYEES.—Not later than committee’s attention by my esteemed not include a public agency. 30 days after the date of enactment of this colleagues in the minority. At that May 13, 1997 CONGRESSIONAL RECORD — SENATE S4335 time, Senator DEWINE and I committed rise every morning and deal with their ator DODD offered an amendment in the to look into several of the issues that family’s issues as well. And so at the committee to lower that threshold to were raised and to resolve them to the outset this legislation has some appeal, 25 employees. That amendment, too, extent practicable. In the days follow- and if it was exactly as has been de- was rejected on party lines. ing the markup, I have worked closely scribed it might have some merit. But That is why the real issue regarding with Senator DEWINE and other Mem- the concern that many of us have is comptime is who is going to make the bers to address these issues. I am ex- that it really gives the whip hand, so decision. If it is going to be the em- tremely pleased with the results of this to speak, to the employers and it does ployee, put my name on it. Put my process. I believe that the changes pro- appear to many of us that this is really name on it. And I bet you would get posed in the committee amendment a subterfuge to permit employers to the overwhelming majority of the will result in an even stronger piece of avoid paying overtime. Members on this side. If the employers legislation. The Senator from Ohio will We even had testimony from wit- are the ones who are going to make the discuss the changes that have been nesses who were supporting the legisla- decision—certainly you are not going made in the committee substitute to S. tion who told the Labor and Human to have my support, and you are going 4, the Family Friendly Workplace Act. Resources Committee that that was to be hard pressed to get the support of After spending a great deal of time the principal reason why they were those who have been championing working with the language of this bill supporting it. The National Federation workers’ rights. and the committee amendment, I am of Independent Businesses told the That leads me to another point, and more convinced than ever that S. 4 will Committee, ‘‘Small businesses can’t af- that is who are the supporters. Are assist American workers to balance ford to pay their employees overtime. these concerns just mine, or those of work and family, and I urge all of my This is something they can offer in ex- my good friend and colleague, Senator colleagues to join me in supporting the change that gives them a benefit.’’ WELLSTONE, or Senator DODD, Senator Family Friendly Workplace Act. So we ought to understand right at HARKIN, Senator MOSELEY-BRAUN, and Mr. President, I yield the floor. the outset why many of those who do many others? No, that was a conclu- The PRESIDING OFFICER. The Sen- support comptime, also support the in- sion reached by the League of Women ator from Massachusetts. clusion of Senator MURRAY’s amend- Voters, the National Women’s Political Mr. KENNEDY. Mr. President, we are ment. That amendment would have Caucus, the National Women’s Law on this legislation again today. I have given absolute discretion to employees Center, the Women’s Legal Defense a great appreciation for the leadership to take up to 24 hours a year to be able Fund. in attempting to try to juggle a variety to attend a parents’ meeting at school It is very interesting why these orga- of very important pieces of legislation. to consider the child’s educational nizations which have been the cham- We have had the emergency appropria- progress, or other such educational ac- pion of women’s issues and women’s tions which I think all of us would tivities. Such an amendment was of- rights oppose this bill. It is because agree is the first order of business that fered in the committee, but it was de- many of the people who are going for we want to get passed. As to this legis- feated along party lines. the overtime are women, single moms. lation, we have been on again, off That amendment was offered. It was You would think these organizations again. We are glad to debate these is- supported by the President, and sup- that have been fighting for women’s sues, but I understand some of the frus- ported overwhelmingly by the majority rights and workers’ rights would be out tration of some of our colleagues dur- of the American people. Under the here supporting it, saying why are you ing the course of this debate where the amendment, the decision was the em- battling it? Why are you battling it? bill is on for an hour or two, and they ployee’s. But the committee rejected These organizations that day in and try to begin to follow it, and then it is that amendment along straight party day have been championing the eco- off again and we are uncertain when it lines. It was rejected. It was rejected. nomic rights of women universally re- will be be brought up again. That is It was rejected. ject the conclusions that have been something we have to deal with, but we We have also heard a great deal drawn by some of our friends and col- will do the best that we can in at- about the needs that families have to leagues on the other side of the aisle— tempting to deal with the on again, off get some time off when they have a that the employees are going to make again nature of this debate and respond sick child. No employees in this coun- all of these decisions, that it is going to the questions which have been try ought to have to make the choice to benefit the single moms for employ- raised over this. between the job that they need and the ers to make the judgments about when As we continue this debate, I want child that they love. We passed the they can be with their children. again to outline for the Members, who Family and Medical Leave Act to ad- That is not my reading of this bill, it is who supports this legislation be- dress those needs. That effort was and many others agree. It is the con- cause there have been a variety of dif- achieved in a bipartisan way. But it clusion of those organizations—not ferent observations about the degree of was limited to those employers that that we have to be on the side always support, who is supporting it, and who had more than 50 employees. It has of these organizations; they are not al- is opposing it. Those of us who have worked and worked well. And, under ways correct. But it is interesting that concerns about this legislation have the Family and Medical Leave Act, if every one of the organizations that enormous empathy and sympathy for there is a medical emergency, if the have been championing women’s eco- families. That has been the focus over need for treatment is not foreseeable, nomic rights and rights for children time of our Labor and Human Re- the employee has an absolute right to are all opposed to it. Why? sources Committee, as well as others take time off. The employee has that The Leadership Conference on Civil here. It is not just Members on this right. If the medical condition is Rights: side of the aisle. It is many of our col- forseeable, then the employee has to The legislation could reduce the income of leagues on the other side of the aisle make a reasonable effort to schedule many working families and make it more who have made the cause of working the treatment at a time that does not difficult for them to balance competing work families their cause. unduly disrupt the operations of the and family responsibilities. But nonetheless, as we deal with this employer. We offered an amendment in That theme runs all the way through. issue, it is important to know who is the committee to allow employees to I will include it in the RECORD, Mr. supporting it and who is against. I use compensatory time under this President. The Leadership Conference want to say again at the outset that we same standard. That is, an employee on Civil Rights draws the same conclu- believe working families have been has the right to use comptime at any sion that I and many others have hard pressed over the last 25 years time for reasons that would qualify drawn, and that is after all is said and since about 1972 when their incomes ef- under the Family and Medical Leave done it is the employer that is going to fectively became stagnant. In the last 5 Act. But that amendment, too, was re- make the judgment about whether em- to 7 years we have seen that families jected along strict party lines. ployees choose whether to earn are working longer and harder to make The Family and Medical Leave Act comptime and when to use it if they’ve ends meet and are very hard pressed to applies to firms with 50 and more. Sen- earned it. So these wonderful speeches S4336 CONGRESSIONAL RECORD — SENATE May 13, 1997 that I read over the course of the week- to look at the workers who are cur- they are going to go back to the person end in support of comptime, which rently depending on overtime—that is who wants to get paid time and a half? were well stated and eloquently stated what we are talking about, on over- Or do you think they will go to the per- in many instances, beg the fundamen- time—to make ends meet. Mr. Presi- son who takes the straight time, re- tal issue: that is, who is going to make dent, 44 percent of those who depend on quiring no extra pay? Of course, the the judgment about that sick child, overtime earn $16,000 a year or less—44 business will go to that person. That is about that sick relative, about the ne- percent. More than 80 percent of them what this bill is all about. cessity for going to a teachers’ con- have annual earnings of less than When we said in the Labor Commit- ference or to a child’s play. That has $28,000 a year. These are hard-working tee, all right, if you are going to go been the subject of debate here for Americans who are on the bottom steps this route, don’t discriminate against more than 10 years. When we finally of the economic ladder. They are the those who participate, who want the achieved it, in the Family and Medical hard-working Americans who have a existing law now—that amendment was Leave Act, it is the employee who has sense of pride, a sense of dignity—in so rejected. Turned down, by a party line the right. many instances they are the ones who vote. But now we have this different bill. clean these buildings at night, sepa- I wonder if, in the back of the minds As I mentioned, those who are opposing rated from their families. They are the of those who are the principal support- it not only include those women’s orga- teachers’ aides, they are the health ers, they know exactly what they are nizations but also the Council on Sen- aides who work in nursing homes. They going to do. If they have this bill ior Citizens, the NAACP, disability are men and women facing tough life passed, they are not going to give any rights organizations, the National decisions in tough economic times. Mr. of the overtime to those people who in- Council of Churches, a whole host—I President, 80 percent of them earn less sist on getting time and a half pay for will have the list of those included in than $28,000 a year. These are people overtime work. Instead, they’ll assign the RECORD—let alone the unions, in who need every dollar they can earn the overtime work to workers who will spite of the fact that they are outside just to make ends meet. They are men accept flexible credit hours. Flexible the coverage of this legislation. Union- and women who are supporting fami- credits are nothing more than saying I ized employees are outside. They are lies. will do overtime but I will get paid not affected by this legislation unless If this bill passes many of them will straight time. they choose to try to achieve comp- lose the overtime dollars they need so We must remember, again, who we time in the collective bargaining proc- badly. Employers will give all the work are talking about. We are talking ess. It is other workers, who are not to employees who agree to take the about the people who will get hurt the unionized. But, nonetheless, these or- comptime. There will not be any over- most. Mr. President, 56 percent of em- ganizations understand what is happen- time work for those who insist on ployees earning overtime have only a ing out in the plants and factories. being paid. Under the Ashcroft bill, dis- high school diploma or less. Do you They supported the increase in mini- crimination in awarding overtime will know how hard it is to get ahead today, mum wage, as they support child care, be perfectly legal. Do we understand no matter how hard you work, without as they supported family and medical that? Discrimination against workers more education? We don’t seem to leave and plant closing legislation—the who refuse to sign on for the comptime dwell on that here on the floor of the whole range of issues that can offer provisions, the flexible credit hours or Senate of the United States. The more some empowerment to workers dealing the so-called 80-hour biweekly schedule you learn the more you earn. It is not with a lot of challenges in the work- —discrimination against such workers always true, but it is by and large true. place. They have been, obviously, fight- will be perfectly legal. For example, Yet these are the hard-working people ing for those rights, and they reached let’s take a worker in a plant who says, who need the overtime pay to continue the same conclusion as well. I am not going to go for that program. their education. On the other side, those supporting I want to play by the rules just as we Millions of those affected by this bill this bill include the principal organiza- have them now, a 40-hour week. I want rely on the overtime to make ends tions that said ‘‘thumbs down on the to work overtime and get my time and meet because they only earn the mini- increase in the minimum wage,’’ even a half. This bill gives the employer new mum wage. They are minimum wage though 65 percent of the people who powers—new powers. Time-and-a-half earners—60 percent of them are women, were getting the minimum wage were pay for overtime was the rule for all a third of them are the sole bread- women, a great percent of them with the workers in that place. Now, under winner in their families. Mr. President, small children—thumbs down on that; this bill, it is different. Now the em- 2.3 million children rely on parents thumbs down on family and medical ployer can go up and say, OK, so that who earn the minimum wage, parents leave, thumbs down on that. That is is your position. The employer can who hope their children do not get sick the decision that no worker ought to then go to the next worker and say, because they cannot afford a doctor. have to make, that decision between What about you? Do you want to sign They are out there working, but they the child they love and the child they on for the flexible credit program that cannot afford a doctor for their chil- leave—thumbs down on that. And, as to means you work overtime this week dren. If they make a little more plant closing legislation, which re- and get paid straight time without money, it makes them ineligible for quires employers to give some notice time and a half? Would you like to do Medicaid, but they cannot afford the to workers so they can go out and get that? Do you want that instead of time premiums for private health insurance. other jobs if a business shuts down— and a half? Children make up another group we are thumbs down on that. Let’s assume that this worker says, trying to provide some relief for, under But these organizations that fought OK, I’ll take that. I ought to be getting the leadership of Senator HATCH, to try all of these worker protections just time and a half, which I would under to make sure at least they are going to cannot wait to get this bill passed. the present law, but we have a new law. get some health care. I hope those on They just cannot wait to get this We have a new law called the the other side of the aisle who are passed. And one, I think, can reason- comptime law, and it’s supposedly fam- speaking so eloquently about the needs ably assume that they are trying to get ily friendly. So if that is what I have to of these working families are going to this passed for the very reason that do, OK, I’ll do it. I will work the extra be out there giving us a hand in trying was stated by the National Federation time and just get paid straight time. to do something about their health of Independent Businesses, because Now, what happens next? You come care costs. they do not want to pay overtime to now to the third worker who says, All Interviews conducted by the Women’s workers. right, I will take the abolition of the Legal Defense Fund demonstrate the I also want to describe the people 40-hour week. I’ll work 60 or 70 hours sacrifice American women are making who get overtime. Let us take a look one week and 10 in the next. So this in support of corporate flexibility, such at who are going to be the ones af- worker is signed up. as a waitress who was involuntarily fected by this bill. To understand the Then, assume that the business gets changed to a night shift despite the real world impact of the bill, you have a little overtime work. Do you think fact she had no child care for evening May 13, 1997 CONGRESSIONAL RECORD — SENATE S4337 hours. One working mother expressed This is really a Hobson’s choice. It Currently, if employers generally the bitter frustration of many when says: We are going to change today’s want to provide family friendly ar- she said, ‘‘My life feels like I am wear- existing protections for what is really rangements, they can do so under the ing shoes that are two sizes too small.’’ a pig in a poke. So if the employee current law. The key is the 40-hour Millions of these low-wage workers are signs on, he or she is going to have a week. Normally, employees work five already working two jobs to make ends series of choices. But they are all going 8-hour days a week, but more flexible meets. They need to work every hour to be bad choices. They are all going to arrangements are possible. Employers they can and be paid for it. Over 400,000 be bad choices, that are not in the em- can schedule workers for four 10-hour employees, well over half of them ployee’s interest. Under this bill, em- days a week, with the fifth day off, women, are working two jobs. They ployees will indeed have some choices, paid at the regular rate for each hour. need the resources so badly they are but they are all going to be the bad No overtime is required. They have working two jobs. But this bill is going choices. Let me explain. that flexibility today. to open up the opportunity for their ex- The worker goes to work in the We hear, What if you want Friday ploitation. plant. The employer comes up and off? Well, you can have Friday off on I want to comment on what is, I be- says, This is a voluntary program. You this if the employers want to do that lieve, the fundamental issue. We now can either play by the rules as we do at to benefit their employees. We heard so know who is really for this bill. We the present time or, as I mentioned, much the last time that employers know that amendments to try to you can sign on for the comptime pro- care so much about the employees that strengthen the bill against the possibil- visions. Or you can do the flexible cred- they are really going to take care of ity of exploitation were defeated in it hours, and we can abolish the 40-hour them. They can do that today under committee. I also mentioned others we week. Which one of these, or all of the existing law. They can give them a offered to try to deal with other very them, do you want? You would like all half day off on Fridays. A number of important features of the bill. of them? If the employee agrees, that companies do that, but they do not But I also want to offer a general re- agreement does not even have to be a have it mandated. And no overtime is sponse to some of the points that were written statement. It can be an oral required. Or they can arrange a work brought up by my friend and colleague statement. It has to be written if em- schedule for four 9-hour days plus a 4- from Missouri last Friday. After I dis- ployees are trying to get out of one of hour day on the fifth day, again with- cussed the Family and Medical Leave these programs, but it can be oral for out paying a dime of overtime. Act he said: I would like to ask the employees to get in. Very interesting; I Under current law, employers can Senator from Massachusetts whether wonder why. Why do they not treat the also arrange a work schedule for four 9- he believes that this abolishes the employer and employee the same way? hour days plus 4 hours on the fifth day Family and Medical Leave Act. If employees believe somehow they are without paying the overtime. Let me tell my colleague why I in the program, they have to write a Under the current law, some employ- raised the Family and Medical Leave written statement to get out. But an ees can even vary their hours enough Act. I raised it on the floor because the oral statement is enough to get you in. to have a 3-day weekend every other Republicans rejected the two amend- Again, that doesn’t apply to the Fed- week. They can offer genuine flextime. ments to expand the Family and Medi- eral employees, which we hear so much This allows employers to schedule an 8- cal Leave Act in committee. The Sen- about; again, that is a decision made hour day around core hours of 10 to 3 ator from Missouri said Friday that purely by the employee. and let employees decide whether they Imagine a situation where employees the Family and Medical Leave Act and want to work 7 a.m. to 3 p.m. or 10 a.m. say, Look, I really need that money. I S. 4 are compatible. Obviously, his Re- to 6 p.m. This, too, costs employers not like time and a half. That’s what I get publican colleagues in the committee a penny more. did not think so. On a straight party now. But I need this money so badly in But only a tiny fraction of the em- order to provide for my kids, getting line vote, as I mentioned earlier, Sen- ployers use these or the many other their teeth fixed, I will work the extra ator DODD’s amendment to extend the flexible arrangements available under hours just for straight time. availability of family and medical The employer will respond, Fine. You current law. The Bureau of Labor Sta- leave to workers in businesses with be- are on. You are on. Look, it’s vol- tistics found in 1991, only 10 percent of tween 25 and 50 employees was re- untary. You are on. You wanted to do hourly employees use the flexible jected. On a similar vote they rejected that, you are stating that, OK, you are schedules. The current law offers a Senator MURRAY’s amendment to allow on. host of family friendly flexible sched- 24 hours of leave a year to attend par- Now imagine that the employer ules today, yet virtually few employers ent-teacher meetings. needs a little overtime work. Do you provide them. This debate is not about the chang- think he is going back to the person This bill, Mr. President, has to lead ing demographics of the work force. We who wants time and a half? Of course us to a different conclusion. If they are all aware that in more than 60 per- not. Of course not. Of course not. have the flexibility, they can do it, and cent of two-parent families with young They are going to go to this part that they are not doing it, I think it is fair children, both parents are now working says, Look, you can work me 60 hours to reach a different conclusion, which outside the home. Working parents a week. So that employer is going to is cut workers wages, and employer need more opportunity to take time off say, I’m going to take those that go for groups unanimously support it. That is from their work to be with their chil- the flex credit and those that will go the record. All the employer groups dren. The debate is over how best to for the 60- or 70-hour week, then I don’t unanimously support it. Obviously, it provide that time. have to pay the overtime. is not just small businesses which wish Those of us who oppose S. 4 believe Mr. President, that is what this bill to cut the pay and substitute some less that it does a very poor job of provid- provides. We can hear this is vol- expensive benefit instead. ing employees with time off at those untary. Sure, it is voluntary for this As I was just mentioning about the times when they need it most. S. 4 is person to get in or out. It is voluntary comments that were made last week, designed to meet employer needs, not for that person that effectively is going we have the situation where the em- employee needs. The legislation to have to need those resources so ployer has those choices over those em- purports to let employees make the much that they will sign on for a lesser ployees. Those of us who oppose S. 4 be- choice between overtime pay and compensation, but it is not voluntary lieve it does a very poor job of provid- comptime, but it does not contain the for the employer. He or she can make ing employees the time off at the times protections necessary to ensure that that judgment as to which one of those they need it. employees are free to choose without they will use and do it in a way which S. 4 is designed to meet the employer fear of reprisal. It is the employer, not effectively undermines these provi- needs, not the employee needs. I men- the employee, who decides what forms sions. tioned last week about the change in of comptime and flextime will be avail- I want to just mention what the cur- the decisionmaking from the employee able at the workplace. There is no free- rent situation is, and then I will come to the employer that is made with Fed- dom of choice for workers. back to the analysis. eral workers. We heard so much about S4338 CONGRESSIONAL RECORD — SENATE May 13, 1997 the Federal employees: We are just ployee. His defense of the legislation is back to work, they can be forced to doing here for the private sector what that the employee can choose not to work on Friday because it does not use the Government has already done for participate in the first place and can the words ‘‘hours paid,’’ to equivalency Government employees. We heard that choose to withdraw from the program in hours paid which gives the protec- for a long time, until someone picked later. He refers to this as ‘‘the choice tion. up the book and said, ‘‘In the Federal to change his or her mind’’ if the pro- So mom or dad gets the child on Government, the employees make the gram is not working fairly. Contrary to Monday but loses them on Saturday. decision.’’ But not here, Mr. President. the Senator from Missouri, I do not These are the kinds of things in this The way this is designed, which I consider that to be much of a choice at bill. Do you think we got support? We went into in some detail last Friday, all. tried to make those adjustments in the demonstrates that the employer will If they are out, if they say, ‘‘I am not legislation. No, no. make the ultimate decision about for this, I have worked these flex credit As the Senator from Missouri di- whether he or she has been given rea- hours until I am blue in the face and rectly noted, that loss of pay creates sonable time and whether it will un- I’m not getting the overtime, I want undue stress. We should not permit it duly disrupt. Even if the employer is out of it,’’ does anybody think that to happen, but it will happen if S. 4 is arbitrary in basically denying this that individual is ever, ever going to be enacted. kind of reasonable request, do you able to get overtime as one who is not All of the problems with S. 4 I have think that there is any enforcement participating in this? described this morning —the failure to mechanism there? Do you think there This is so far beyond the possible un- ensure employees the right to use are any penalties in this area there? derstanding about what is happening in comptime when they choose; the fail- Absolutely none. What do you think the work force, where last year, 170,000 ure to prevent employers from dis- that says to the employers? That gives cases came before the NLRB and over criminating in allocating overtime them the whole enchilada. They make $100 million was returned to workers work; the failure to preserve the prin- the decision on whether the request is because of the failure to pay overtime. ciple of the 40-hour workweek; and the reasonable, they make the decision That is what is happening. failure to treat comptime hours used as whether it will unduly disrupt, and if And where is it happening? Among hours worked could easily be corrected. they make it wrong, there is nothing these various workers. That is today. In the Labor Committee, the Demo- cratic members offered amendments to that will happen to them. Come on, Mr. That is happening just as we are here. correct these flaws. Each was rejected. President, that gives the authority and The idea that this is all being done in Each was rejected. Each one of those the power to those employers. this wonderful atmosphere of consider- An employer can lawfully deny all ation of the bill defies what is happen- would have given greater power to the overtime work to those employees who ing in the work force of America employees. All of them were turned want to be paid and give overtime ex- among this economic group: over 80 down. The refusal of the Republican major- clusively to workers who will accept percent, $28,000. We know where they ity to make these changes —to present the comptime in lieu of pay. There is are working. We know about the fail- legislation that would truly empower no freedom of choice for workers. ure to give them overtime. We know workers to make real choices—speaks A working mother may want a par- what those working conditions are. for itself. The real intent of S. 4 is to ticular day off so that she can accom- How many studies, how many reviews, create choices for employers, not em- pany her child to a school event or a how many inspections have to be done? ployees. We can do better. Let’s enact doctor’s appointment. Nothing in this We know what will happen to that em- a bill that gives those choices to work- legislation requires the employer to ployee when that employee says, ing men and women so they are free to give her the day off she requests. The ‘‘Well, I’m out of it now, I want to get do what is best for their families. employer decides when it is convenient out of it.’’ Mr. President, I yield the floor. for her to use her accrued comptime. If we are truly concerned about the Mr. ASHCROFT addressed the Chair. There is no freedom of choice for work- employee’s need for families, we should The PRESIDING OFFICER. The Sen- ers. design a program that really works. I ator from Missouri. The employee witnesses cited in the do not consider it to be an appropriate Mr. ASHCROFT. Mr. President, last Republican majority report, Christine response to say, in essence, if the em- Friday, we had the privilege of begin- Korzendorfer and Sandie Moneypenny, ployees don’t like what we give them, ning our discussion of the Family emphasized the importance of em- they can reject it and get no time off Friendly Workplace Act. During that ployee choice in their testimony. Ms. at all. I think we have a greater obliga- debate, the Senator from Massachu- Korzendorfer, who the Senator from tion to draft legislation which genu- setts asked an important question of Missouri focused on in his remarks, inely addresses the real needs of work- the sponsors of S. 4. He put the ques- told the Employment and Training ers. tion this way: Who’s side are you on? Subcommittee: ‘‘What makes this idea The Senator from Missouri denied I want to answer that question very appealing is that I would be able to this bill will result in a pay cut. As clearly: We are on the side of the work- choose which option best suits my situ- presented, S. 4 would allow an em- ers of this great nation. We are on the ation.’’ But those who brought Ms. ployer to deny overtime work from em- side of giving American workers the Korzendorfer to testify did not tell her ployees who insisted on receiving over- capacity to be better fathers and moth- who controlled that decision. Under S. time pay. All the overtime work could ers, sons and daughters. We are on the 4, it is the employer alone who deter- go to the employees who agreed to take side of providing a framework so work- mines what flexibility is available in comptime. Those who wanted overtime ers can adequately balance the compet- her schedule. pay would no longer receive any of the ing demands of work and family. We Ms. Moneypenny testified, ‘‘If I could extra work. Their paychecks would be are on the side of giving the 59.2 mil- bank my overtime, I wouldn’t have to reduced, and, in plain English, that is a lion private sector hourly workers the worry about missing work if my child cut in pay. ability to work flexible work schedules gets sick on a Monday or Tuesday.’’ Furthermore, under the biweekly that already are enjoyed by the 66 mil- The problem is that the Republican bill work schedule and the flexible credit lion American workers who enjoy flexi- doesn’t give her that opportunity. Her hour provisions, employees who work ble working arrangements. employer has no obligation to let her more than 40 hours a week will no Who’s for flextime? I think it is an use the accrued comptime on the days longer receive time and a half in their important question that has been her child needs to see a doctor. There is wages or time off. That is, Mr. Presi- asked. A Penn and Schoen survey re- no provision, there is no guarantee in dent, if the person said, ‘‘Look, I really ports that 75 percent of the public sup- here, absolutely none. need to get that time for my child on ports the choice of comptime; 64 per- The Senator from Missouri went to Monday, give me the time off my cent of the public prefers time off to great lengths to rebut my contention comptime,’’ they say, ‘‘OK, you get it,’’ more pay, given the choice. They want that on crucial issues, S. 4 gives the but the interesting thing is, the words to have the choice to take time off in- choice to the employer, not the em- that are left out are when they come stead of receiving more pay. May 13, 1997 CONGRESSIONAL RECORD — SENATE S4339 Federal workers now have the same the following week, something that is job satisfaction while decreasing turnover flextime arrangements that are offered illegal now. It allows Federal Govern- rates and absenteeism. in this legislation; 74 percent say that ment employees paid by the hour to It sounds like the President was en- it boosts their morale; 72 percent have work on biweekly schedules, at their dorsing the concept. I agree with his more time with their families. option. This allows a worker to work 5 statement. I urge him to be on the side It is time to provide this same bene- days one week, 4 days the next, and of the rest of the workers, not just the fit we provide in Government to people have every other Friday off. Government workers of America. I in the private sector. Working Woman When surveyed about the program urge him to join us in saying that all and Working Mother magazines both among the workers who have it in the hourly paid workers in America should endorse this particular proposal of flex- Federal Government, it is interesting have this opportunity to cooperate time, because they believe that it is es- that Federal workers, on a 10-to-1 with their employers to work for sential that we have more capacity to basis—actually, better than 10-to-1 comptime off instead of paid overtime accommodate the competing demands basis—stated they like the program when they prefer comptime off. of flexible working arrangements and and they wanted it to continue. No It is important to note that this leg- our families. We are on the side of wonder. Today, almost 20 years after islation would impose taking time off working women who have said that giving this benefit to workers in the on no one, and anyone, even if they flexibility is what they need to meet Federal Government, it is still illegal made a choice to take time off, could the competing demands of work and for private sector employers to cooper- later convert that to paid time merely family. We are for women who, in the ate with their employees in the same by saying so. The bill provides that Department of Labor’s working women respect. second choice. count report to the President stated As far back as 1945, the Congress of I think it is important for us to say that, ‘‘The No. 1 issue women want to the United States recognized that some whose side are we on. I think we are on bring to the attention of the President times, when employees work overtime, the side of the private sector, hourly is the difficulty of balancing work and they would rather have some extra workers in this country. Everyone family obligations.’’ time off rather than the money. Con- agrees that flexible work arrangements As I mentioned, Working Mother gress recognized that no matter how have been good for Federal employees, magazine says it supports this legisla- much money you get for overtime, you for salaried workers, for State and tion. Working Woman magazine also cannot replace the time you need with local workers in terms of comptime supports this legislation—in its ap- your family, so they amended the Fed- provisions. Every study that has ever proval of this bill—the editors said eral Employees Pay Act to allow Fed- been done on the subject concludes that we should give women what they eral Government employees the choice that these arrangements are beneficial want and not what Congress thinks between being compensated for over- to workers. they need. time work and being able to take time So why is that group of hard-working Why should we want to give flexible off with pay. In 1985, Congress gave the Americans, the laborers of this Nation work arrangements to these workers? same choice to State and local govern- who work on an hourly basis—the store What does it mean for their families? ment employees, in terms of comp- clerks, the mechanics, the factory What does it mean for their lives? The time opportunities. These workers can workers, the clerical workers, baggage workers enjoying the benefits can tell take time off with pay at a later date, handlers, gas station attendants—why you. The executives in the boardroom instead of being paid cash for time-and- are they denied the opportunities for can tell you how important it is to be a-half overtime. this benefit? Could it be that the Con- able to accommodate their family Congress acknowledged that some- gress has the arrogance to decide that needs through flexible scheduling. The times time is more valuable than no worker could make such a choice for salaried workers of America—super- money and that Congress is not in a himself, that these workers are incapa- visors, managers, stockbrokers, bank- place to make that decision for every ble? ers, and lawyers can tell you how flexi- worker. However, right now Congress is I believe that is outrageous. We ble working arrangements give them making that decision for private sector should no longer say, ‘‘You cannot opportunities to leave work early when hourly workers. Congress is making make this decision, we must make it needed to watch their child play in a that decision because there is no op- for you.’’ We should say to these work- ball game or go talk to a parent-teach- tion, under the law, for employees to ers, you have the same capacity and er conference, or take care of personal choose to take time off later over mon- right to cooperate with your employer business that cannot be done on the etary compensation. to make decisions about time off and weekend. Now, the squeeze on people for time about flexible working arrangements Of course, Federal workers, and has never been more dramatic than it and about scheduling as do the Federal many State and local government is at this time. Yet some Members of workers and workers at State and local workers, who have comptime can tell Congress continue to fight giving the governmental entities. you what the benefit of being able to same option of flexible scheduling to That is whose side we are on. Every- go home to be with their sick child in- private sector employees that we have one in the culture, other than hourly stead of worrying about that child. given to Federal government employ- workers, now has a real shot at flexible Congress recognized the benefit of ees. They fight giving compensatory working arrangements and compen- flexible work arrangements and passed time off options to private sector work- satory time. The boardroom has it. the Federal Employees Flexible and ers even though they supported such When the boss goes to play golf on Fri- Compressed Work Schedules Act al- measures for State and local govern- day afternoons, he knows of the value most 20 years ago. This act allowed ment employees just 12 short years of flextime. It is high time, if the boss Federal Government employees to ago. is capable of doing that, he should at enjoy flexible work schedules, which The Family Friendly Workplace Act least be able to cooperate with employ- still are illegal for the rest of Ameri- would give all hourly workers this ees who need to spend time with their ca’s private sector hourly workers. same opportunity to make such family to provide such opportunities That disparity between what we have choices. for hourly workers, as well. provided as an opportunity for Federal Now, President Clinton recognized So I ask the opponents of this legisla- workers and which we make illegal for the benefits of flexible work schedules tion, whose side are you on? Are you on people in the private sector is a dispar- himself when he directed the use of the side of working women who sit at ity which the people of America are un- flexible work arrangements for execu- their desk worrying about a sick child comfortable with, and they expect us tive branch employees. On July 11, because they cannot afford to take to change. 1994, he said: time off from work without pay, while The Federal Employees Flexible and Broad use of flexible working arrange- their salaried coworkers leave for their Compressed Work Schedules Act allows ments to enable Federal employees to better sons’ soccer games? Are you on the side hourly workers to work an extra hour balance their work and family responsibil- of working men who pack their lunch one week in order to work 1 hour less ities can increase employee effectiveness and every day and go to work only to go S4340 CONGRESSIONAL RECORD — SENATE May 13, 1997 home to look at pictures of their qualifying for overtime.’’ Up to 40 addi- fight, leading the charge to help get child’s award assembly, pictures which tional hours in a week before qualify- workers more scheduling options. In show that the business executives were ing for overtime, suggesting that an fact, these constituents resented the proudly at the side of their children employer could make an employee fact that the labor lobby in Washing- while his child accepts the award? work an 80-hour week. That is a total ton had abandoned their traditional Are you on the side of Christine falsehood. To do that, to say that, promoting of workers’ interests. Kordendorfer who wanted the option of knowing this bill does not provide that, Knowing that some of this body’s occasionally taking her overtime com- is to lie. strongest opponents of this bill sup- pensation in the form of time off rather It is important for us to know that ported these flexible scheduling op- than pay to care for her growing family the real provisions of this bill outlaw tions for Federal Government workers and take care of her health in the last specifically direct and indirect coer- makes me wonder whose side they are stages of her pregnancy? Are you on cion. They outlaw intimidation. They on. Knowing that just 12 years ago the side of Arlyce Robinson who came outlaw the promise of a benefit, or the these same opponents not only sup- in to testify that she wants to take conference of a benefit to an individual ported comptime options for State and some time off as a result of flextime, so to shape or to otherwise distort the de- local government employees, but co- she can participate in her four grand- cisionmaking that is voluntary, and it sponsored the legislation, I wonder children’s extracurricular activities? is supposed to be voluntary and guar- whose drum they are marching to now. Or are you on the side of the special in- anteed to be voluntary under this bill. Is it the drumbeat of the American terests? Are you on the side of the or- I think it is shameful that the AFL– worker who needs to have the oppor- ganizations designed to represent the CIO would seek to impair the ability of tunity for flexible scheduling? Or is it interests of America’s workers, who hourly workers in this country to have the cadence that is being called by the just this Sunday began running ads op- the benefit. It is the same kind of flexi- labor union leaders in Washington? I posed to this legislation? bility that workers at the salaried wonder whose side they are on when Let me just say I was stunned when level, at the boardroom, at the man- there are much greater protections in those organizations, which purport to agement level, at the supervisory level, this bill than the bills they have sup- be helping American workers, began have long had. It is sad—twisted, that ported in the past. running television ads against this leg- these ads began running on Mother’s This bill is replete with protections islation. The television ads were re- Day. Frankly, the best Mother’s Day for workers that are not included in plete with misrepresentation. Here is present we could have given to the the bill that is providing the same the text of the ad: ‘‘Big business is United States of America would have framework of options for Federal em- moving to gut a law protecting our been flexible working arrangements ployees. Under the legislation giving right to overtime pay. If they win, em- that would have made possible mothers State and local government workers ployers could pay workers with time spending more time with their fami- comptime options, cosponsored by the off instead of money.’’ That is simply lies, fathers spending more time with opponents, comptime can be made a false, that the employer would have a their families, fathers and mothers condition of employment. It can’t be a unilateral right. As a matter of fact, it spending more time with each other condition of employment here. There is takes a request by the employee in and their children. On the day set aside no protection of a worker against coer- order for that to happen. They say that to recognize the valuable contributions cion. Under this legislation coercion or the choice will be up to employers. that mothers make in our society, the even attempted coercion would be a They say that there are no real safe- labor lobby was beginning a campaign violation of the law. We have rules guards to keep employers from pressur- opposing this bill rather than embrac- against coercion and intimidation. ing workers to accept time off or to ing a change that would enhance the State and local government agencies telling them when to take the time off. The fact of the matter is the bill it- lives of mothers across this great land. can force the employee to use their self contains safeguards that are sub- Rather than supporting public policy comptime when it is convenient for the stantial. The bill provides that there to make workers’ lives easier, the labor agency, even though that practice has can be no coercion, either direct coer- lobby found out that the Members on been successfully challenged in some cion or indirect coercion. I will read the other side of the aisle recognize courts. That is the provision they al- from the bill, line 14 on page 15: ‘‘An how important it is to give American lowed in the bill they passed for State employer that provides compensatory workers these options. The labor lobby and local governments. We have pro- time off under paragraph 2 to an em- realized that Congress is going to work tections against that happening in this ployee shall not directly or indirectly together to ensure America’s families a bill. intimidate, threaten, coerce or attempt brighter future, so the labor lobby in- Last but not least, in the bill that to intimidate, threaten or coerce any terests in Washington took money, they sponsored and passed for State employee for the purpose of,’’ and then paid out of the pockets of hard-working and local government authorities, it goes on, ‘‘including interfering with Americans—it is from the very workers there were absolutely no cash-out pro- the rights of the employee to use ac- who would benefit from these schedul- visions for the workers. The bill that is crued compensatory time off in accord- ing options—yet they are spending the before us allows a worker who has said, ance with this law, or requiring, worker’s money on ads opposing this ‘‘I will take my time in comptime,’’ threatening or coercing them in terms legislation. These ads are a lie. These any time prior to taking the time off of requiring the employee to use com- ads were strategically targeted to with pay, later on, can say, ‘‘No, I pensatory time off.’’ When you go to those Members on the other side of the would like the money, the time and a the definition provided in the law aisle who have expressed an interest in half overtime. I will be working to gain about intimidation and coercion, either working with us on this issue. additional hours later.’’ So the worker direct or indirect, you find out that re- When I first introduced this legisla- has a choice in the first instance to lates to conferring a benefit or denying tion back in 1995, the labor lobby ran say, yes, I would like to have some a benefit. similar ads in my State. However, the comptime or not and work time and a Now the Senator from Massachusetts ads backfired as their lies were ex- half—that is the worker’s choice. It has repeatedly said employers would be posed. As concerned constituents called can’t be imposed on him, by the terms free to offer benefits like overtime my office, they found out the truth of the legislation, with a stiff penalty. work and extra pay, which he cat- about the legislation. Many of them A second choice is an option of the egorizes as a benefit to those who told me not to listen to the voice of the worker. At any time prior to taking would choose one form or another of opposition coming from the labor the time off, the worker can say, ‘‘I compensation. The bill itself unmis- lobby. They told me that, as workers, changed my mind. I would like to have takably challenges the charges levied they were interested in this kind of the money.’’ That is not an option in the AFL–CIO spots against this mat- flexibility. They told me that these under legislation cosponsored by oppo- ter. scheduling options would enhance their nents of this bill. That is not a protec- This ad says, ‘‘You could work up to lives. They recognized the fact that the tion that was included by those who 40 additional hours in a week before labor lobby should be leading this sponsored the measure for State and May 13, 1997 CONGRESSIONAL RECORD — SENATE S4341 local governments. They didn’t have taking the pay cut? They could use cut. If you earn time and a half as a re- that protection there. We have it here. comptime or take time off by using sult of working some overtime and you Further, there is another protection. flextime. It just is beyond me to think are going to take time off the next At the end of every year, these hours that we would reject this opportunity week and still get paid for it, that have to be cashed out if they are not for Americans to spend time with their means you get time off without a pay taken in this bill. Were those protec- families. It is beyond me that we would cut, not that you get time off with a tions in the items sponsored by those reject this opportunity to give Ameri- pay cut. So I think it is important for who oppose this bill for State and local cans time to accommodate their needs us to understand that. workers? Not on your life. They are de- outside the workplace by taking The Senator from Massachusetts manding a much higher standard here comptime off or using flextime and thinks that there are tremendous op- because they are marching to the beat still get paid for it only to have the portunities for abuse, in the event we of a different drum. other side allege that this is a pay- would average the work week over 80 I submit to you that it is important check reduction act. I cannot believe hours instead of 40 hours and only at to know whose side we are on in this that after calling this bill the pay- the option of the worker—only with legislation. I say it is time that we be check reduction act, that they can the approval of the worker. He talks on the side of American workers and claim the real solution to this problem about the potential abuse of an em- their families. For a long enough time is to put more people in the position ployer choosing one person as opposed we have been on the side of those indi- where, according to the Family and to another person for overtime. Yet, he viduals whose effort is made in Govern- Medical Leave Commission, 28.1 per- lauds the current system. I guess his ment. For the last 20 years, we have cent of them had to borrow money, 10.4 point is that if they want somebody to had these kinds of flexible arrange- percent had to go on welfare, and 41.9 work overtime on Monday, they can ments. Federal Government workers percent had to say to creditors, ‘‘I am say, ‘‘Who will work it tonight and enjoy using them at a 10-to-1 rate. not going to be able to pay you.’’ This take a couple hours off on Friday after- They say these schedules improve their isn’t what Americans want. No wonder noon?’’ He thinks that is OK as long as morale and give workers more time to 75 out of 100 people in this culture say it is done within 1 week. But over a 2- spend with their families. Last week, we really want more flexible working week period it is somehow a great they interviewed working mothers in arrangements. threat. Employers would be abusive in the United States of America, and 81 Now, I just add that nothing in this a 2-week stretch, but not in a 40-hour percent of them said flexible working measure impairs the ability of anyone stretch. arrangements would be very impor- to take time off under family and med- Get serious. The truth of the matter tant. Yes, that is whose side are we on? ical leave. That time is still available. is that we ought to understand that, Now, those who oppose this call this This doesn’t abolish family and medi- where there are abuses, we ought to a ‘‘paycheck reduction act.’’ I don’t cal leave. Every single hour of family have strict, tough enforcement, and I know how they can call this the pay- and medical leave that exists—if a per- think we can agree on that. We have check reduction act with a straight son prefers to take time off with a pay doubled the penalty for abuses under face, because there answer it to create cut, they will be able to use that and this law. But to make it illegal for an more unpaid leave. They say we should there will be times when they may individual to take an hour off on Fri- not do this, we should expand family have to. This is a different set of op- day and make it up the next Monday is and medical leave. Family and medical tions. inappropriate and should be changed. leave is nothing more than the right to This bill doesn’t say we will no For the life of me, I can’t believe that take time off without pay. Here we longer have family and medical leave. we should persist in that respect. We have a flexible working arrangement It is not incompatible with it. It have seen how this works. We have proposal which would give people the doesn’t outlaw it. People will be able watched it work in State and local gov- right to take time off with pay. I think to, if they need or want to, say, ‘‘Be- ernment and in the Federal Govern- the American people want to have time cause I meet the conditions of the ment. We haven’t been overrun by a se- off with pay. So who’s side are we on? Family and Medical Leave Act, I am ries of complaints. We certainly Let’s go to the statistics from the going to take time off.’’ That is appro- haven’t been inundated by a demand to Family and Medical Leave Commission priate. We want workers to have that change the bill. It has been in place for report. The Family and Medical Leave choice and to add to workers another 19 years now and is working very well. Commission report says what happens range of choices. It doesn’t in any way You would think if this is the kind of when people take time off without impair their ability to choose time off thing that was abusive, we would at pay—which is really the way you re- under family and medical leave. That least have some people talking about duce your paycheck, by taking time off is still there. This is merely a way to it. without pay. Here is what happens: say to them, if you don’t find that I should emphasize, and I want to Twenty-eight percent of all the people comfortable, if you are tired of having make very clear to those who would be who took time off had to make ends to go on welfare and put off bills or watching, that nothing in this law meet by borrowing money. This is from borrow money in order to take time off mandates any worker to take time off the report of the Commission on Fam- under family and medical leave—you instead of being paid time and a half ily and Medical Leave. Senator DODD might want to try another way of for overtime. Everything in this law chaired this Commission. The Commis- doing it. Instead of being paid time and provides penalties for an employer who sion reported that 28.1 percent had to a half sometime when you have over- would coerce a worker into doing so. borrow money; 10.4 percent of the peo- time to work, you would put it in a Nothing in this law provides any man- ple who took time off under family and comp time bank, so later on, when you date that a worker would have to build medical leave went on welfare in order needed time off to be with a sick child up a bank of flextime hours. A lot of to accommodate the reduction in pay; or to go get your car license renewed workers might like to do that. In the 41.9 percent said they had to put off and stand in that silly line at the de- event they needed time off, they would paying bills. The opponents of this leg- partment of motor vehicles during not have to take a pay cut in order to islation are just offering more addi- working hours when you normally get it. tional leave without pay, so that an- can’t do that, you could do it and you Flexible working arrangements are other 40, 41, or 42 percent of the people don’t have to take a pay cut. enjoyed by the managers, by those in have to go without paying their bills, The truth of the matter is, this is not the boardroom, by supervisors, Presi- or another 10.5 percent will have to go the paycheck reduction act at all. This dents, CEO’s, and corporate treasurers. on welfare, or close to 30 percent will is the way to take time off with pay. As a matter of fact, 66 million workers have to go out and borrow money. The American people believe, I think, a have flexible working arrangements. Whose side are we on? How can you lot of things and, given the amount of Only 59 million hourly paid individuals call this the paycheck reduction act, misinformation, I guess that is ex- don’t. It is time for us to accord to which would provide individuals the pected. But they will not believe that these individuals the same option of opportunity to take time off without compensatory time off is taking a pay working together with their employers S4342 CONGRESSIONAL RECORD — SENATE May 13, 1997 so they can accommodate the needs of were offered to improve this bill to pro- abandon the 40-hour work week alto- their families and work at their jobs. It vide real choice and protection for gether. An employer would not be obli- should be unnecessary to take a pay workers. All were rejected on party- gated to pay overtime until an em- cut to be a good mom or dad in Amer- line votes. I am going to go through ployee works over 80 hours during a 2- ica. Flexible working arrangements some of them. week period. So in effect an employee would make it possible for people to I am deeply concerned that this legis- could work 60 hours one week, 20 hours meet the needs of their families with- lation will actually take families in the next week, and receive no overtime out taking a pay cut. the wrong direction. It gives the em- pay, or even comptime. Under this Mr. WELLSTONE addressed the ployers more flexibility to get out of scheme an employer could rig it so Chair. their overtime obligations rather than that overtime hours are never approved The PRESIDING OFFICER (Mr. giving employees more flexibility to and, therefore, the employer has no BURNS). The Senator from Minnesota. spend time with their families. It will overtime obligations. That is factual. I Mr. HARKIN addressed the Chair. leave workers with less money, not challenge anyone to dispute what I just Mr. WELLSTONE. Mr. President, I more flexibility, and should be really said right there. It is not in the bill. yield 10 minutes to the Senator from titled ‘‘Paycheck Reduction Act.’’ A That is what an employer could do. So Iowa. genuine comptime bill must provide not only would this result in less in- The PRESIDING OFFICER. The employees with choice, protection, and come than the employee would receive Chair advises the Senator from Min- flexibility. It has to be commonsense under current law for working those nesota that there is no time control. and profamily, and S. 4 falls short on same hours and no comptime for those The Senator from Iowa is recognized. all of those counts. who want that time instead of pay but, Mr. HARKIN. I thank the Senator. I Supporters claim that S. 4 allows em- I submit to you, Mr. President and oth- should not take more than 15 minutes. ployees to make the choice between ers, that a 60-hour workweek isn’t very Mr. President, listening to my friend overtime pay and comptime, but it family friendly. Under the biweekly from Missouri expound on the wonders doesn’t contain the protections that schedule it would be extremely dif- and benefits of this bill, once again, re- are necessary to ensure that employees ficult for those workers to arrange for minds me of what I have often said have free choice and are free from re- child care, or to plan time with their about the U.S. Senate and the 100 prisal. Under this legislation, the em- families if their employer could con- Members that comprise this body. ployer holds all the cards. The em- stantly change their work schedule. There are no bad people in the U.S. ployer chooses what options to provide That is exactly what could happen: 60 Senate. I can honestly say that I like the flexible work options to, and when hours one week, 20 the next, 50 the each and every individual here in the the employees can exercise the options. next, 30 the next, 60 one week and 20 Senate. There are no bad people here. It is also seriously lacking in other im- the next. How could any employee and There are just a lot of bad ideas. Lis- portant employee protection measures their family arrange for child care, or tening to this explanation of this bill which would ensure flexibility and not to reasonably plan their schedule? reminds me once again of that truth. a reduction in benefits. That is one of the options under this The Senator from Missouri is a friend, S. 4 outlines three flexible work op- bill. So we can see that it really is not and he is a good guy, but this happens tions, the employer—not the em- very family friendly, and it would take to be a very bad idea. I think it is ter- ployee—gets to pick what flexible op- away overtime pay and even comptime. ribly mistaken—what this bill would tions to provide. An employer could ei- Under the flexible credit hours provi- do in the force and effect of this bill. I ther offer comptime in lieu of overtime sion, an employer could offer the em- am going to get into some of those in pay; second, a biweekly work schedule; ployee an option to work the extra my remarks, especially on whether or third, flexible credit hours. Two of hours but receive only 1 hour of over- not this really is a paycheck reduction these three options would effectively time for each extra hour worked. Under act, because it really is. Of the three relieve an employer of their overtime existing law an employee would be paid options that people have, it actually obligations, and result in an actual time and a half for extra hours worked. would reduce their paychecks. paycheck reduction for the employee. Even with comptime, the employee 1 Mr. President, as our workplace has In effect, S. 4 would eliminate the would at least receive 1 ⁄2 hours of over- changed the number of two-parent fam- guarantee of pay for overtime work for time for every extra hour worked. It is ilies has increased. Workers deserve re- over 64 million workers. hard to believe that any employee lief to meet the demands of everyday Again, when I think about it, what would choose this, unless he or she life. That is why, for example, I sup- rational employer would not want to wasn’t given any other choice. In addition, under S. 4, the flexible port, like a number of people here, the maximize profits and savings with work hour arrangements would not Family and Medical Leave Act to allow their company? The employer has to have to be made available to all em- workers to take time off to care for answer to the shareholders, to the ployees. The employer picks who gets newborn children, or ailing relatives, stockholders. They want to maximize to participate. The employer could le- without fear of losing their jobs. that. I understand that dynamic. But gally discriminate against workers who Mr. President, millions of Americans on the other side of that equation there need and who want overtime pay in- have been helped by this landmark law. must be provisions to protect the em- stead of comptime, and there are no Now I believe it is time that we expand ployee so that you can have a balance remedies available to the employee to this profamily protection to provide in those scales. This bill does not pro- protect it. Again, let me repeat that. parents with a little time off from vide that kind of balance. All of the The employer could legally discrimi- work to attend a parent-teacher con- help goes to the employer and not to nate against workers who need and ference, or a doctor’s appointment for the employee. want overtime pay instead of their child. Again, I understand that employers comptime, and there are no remedies I have worked my entire career in want to maximize profits. That is their available to the employee which might the House and the Senate to try to im- business. They want to ensure that prevent this. prove the lives of working families, and their shareholders get the best return. Instead of having a choice, workers that includes comptime. I support giv- That is their business. Our business may have it chosen for them, or suffer ing families more flexibility to balance ought to be to ensure that the workers the consequences. For example, the their work and family lives, and I am have their rights protected to even out Senator from Missouri cited parts of hopeful that we can pass such a bill. that balance to provide the kind of sup- the bill which say that the employer However, this bill before us, designated port for the workers so that this time could not directly or indirectly intimi- S. 4, is truly a wolf in sheep’s clothing. and their work and their schedules are date, threaten, coerce, et cetera, or It is a sham. This bill offers the appear- not totally determined by the em- anything like that. OK. But what if the ance of employee choice but it is not ployer. That is what this bill does. This employer did this? He could lawfully the reality. The appearance but not the bill gives it all to the employer. For stop offering overtime to employees reality. In the Labor Committee mark- example, under the biweekly work who do not participate in flexible op- up of this bill several amendments schedule, the employer could choose to tions, or they could give promotions May 13, 1997 CONGRESSIONAL RECORD — SENATE S4343 and raises only to those employees who do not know about filing complaints. to the doctor and have that request de- participate. There is nothing in the bill They don’t have an attorney. They are nied on the grounds of insufficient no- that prohibits that. That sends a mainly scraping by week to week to tice or the employer could claim that strong signal to the employees that take care of their families. If they get the time off might unduly disrupt busi- they had better participate in what the in trouble on something like this, they ness. employer has decided, or they will not talk about filing a complaint and the There is no definition in the bill of get offered overtime, or they don’t get employer says, ‘‘You know something. these terms. Employees work hard to the right to promotion, or they don’t I don’t like the way you are performing earn their comptime. They should be get the right to raises. There is noth- your job.’’ Out the door, fired. They are able to use it within a reasonable time ing in this bill that prevents that. So it going to say, ‘‘Boy, I am going to take unless it substantially interferes with may be a good deal for the employer my time and I am going to file this the employer’s operations. No one but it is a raw deal for the worker who complaint with the Department of would want to change that. usually receives overtime pay. Labor, and I am going to hire me an at- Now, again, Senator WELLSTONE of- This fundamental flaw was outlined torney, and I am going to get what is fered an amendment to ensure that an clearly during the Labor Committee due me’’? No. You know what they are employee could actually use the earned markup. Senator KENNEDY offered an going to do? They are out the door comptime when he or she needed to, amendment that would have expressly looking for a job. They don’t have the but, again, the amendment was re- made it unlawful for an employer to time and wherewithal to do that. They jected on a straight party-line vote. discriminate in awarding overtime, or are out on the streets. They have some Supporters claim they want to offer in awarding overtime based on an em- kids to feed, and the rent to pay. So employees more flexibility, but if the employee has little control over when ployee’s willingness to accept when you say that there are remedies, they can use comptime, where, I ask comptime instead of overtime pay. It believe me those are very hollow rem- was defeated on a straight party-line you, is the flexibility? There is none. edies when you look at these statistics. And as if giving the employer all the vote. Supporters of S. 4 say it prohibits Again, despite the statistics that flexibility was not enough, S. 4 does coercion. The bill does not account for demonstrate overtime violations are not even provide for the protection of the mild but effective pressure employ- just the cost of doing business for some an employee’s comptime. Accumulated ees feel to accommodate their em- industries, S. 4 doesn’t make any at- ployer. Hourly workers have little le- comptime is an earned benefit that is tempt to exempt such industries from accepted instead of overtime pay. S. 4 verage in the workplace and are least coverage under this bill. For example, does not contain sufficient protection likely to challenge the employer when even though the Department of Labor to ensure that workers whose employ- it could mean their job, or loss of a has found that half the garment shops ers go bankrupt will have some claim promotion, or raise. The workers who in the United States unlawfully pay on their unpaid comptime. Let us be rely most heavily on overtime pay are less than the minimum wage, fail to straight about this. Comptime is what the most vulnerable employees. Con- pay overtime, or use child labor, S. 4 an employee chooses in lieu of over- sider the following Department of provides this industry a lawful way to time pay. I think that is pretty well Labor statistics: One-fourth of workers get out of their overtime obligations. accepted by everyone on both sides of who depend on overtime earn under Think about that. The Department of the aisle. But what happens when an $12,000 per year. Sixty-one percent earn Labor found that half of the garment employer goes bankrupt? Do you have $20,000, or less. More than 80 percent of shops pay less than the minimum a claim on that? No. In 1994, 845,300 overtime recipients earn less than wage, fail to pay overtime, or use child businesses filed for bankruptcy. The $28,000 a year. When you are making labor. S. 4 would effectively say to this rate of failure in the garment industry that kind of money, you can’t afford to industry you are exempt. This is the was 146 per 10,000 firms, twice the na- offend your employer. way to get out from underneath that. tional average. In construction the Supporters of S. 4 often point out Again, workers in these industries are rate of business failure was 91 per 10,000 that there are remedies when an em- the most vulnerable to employee coer- firms. So comptime should be treated ployer coerces an employee to partici- cion, and the least likely to file any as unpaid wages during a bankruptcy. pate, again a very hollow right. With- complaints. In addition, comptime should be cal- out more resources for Department of During the committee markup, Sen- culated as hours worked for the pur- Labor enforcement this is a sham, hol- ator WELLSTONE offered an amendment pose of calculating an employee’s enti- low promise. Employers violate current to exclude from coverage workers who tlement to overtime and certain bene- overtime provisions at an alarming would be particularly vulnerable to ex- fits tied to the number of hours rate. One-third, or 13,687, of the inves- ploitation should comptime be offered worked. No such protection is found in tigations by the Department of Labor at their worksites. The Wellstone this bill. No such protection. For exam- in 1996 disclosed overtime violations. amendment would have excluded em- ple, a worker decides to use 8 hours of The Department ordered over $100 mil- ployees in the garment industry as well banked comptime in order to take a 3- lion in back pay for 170,000 workers as part-time seasonal and temporary day weekend by taking a Monday off. who were victims of those overtime employees, the most vulnerable in our There is no provision in this bill that violations. In addition, there was a society. Again, the amendment was de- would prevent an employer from re- backlog of 16,000 unexamined com- feated on a party-line vote. quiring that employee to work 10 hours plaints pending at the Department of Under this bill the employer has the Tuesday through Friday without pay- Labor at the end of 1996. That backlog last word when an employee can use ing overtime because only 40 hours accounts for about 40 percent of the an- their comptime. The employer could would have been counted as worked. nual number of complaints. In commit- lawfully deny comptime for any reason So you bank the comptime. You take tee markup, Senator WELLSTONE of- and the employee has no recourse. Let a Monday off for a 3-day weekend. Your fered an amendment that would delay me repeat that. The employee has no kid has a day off from school. There is the implementation of this bill until recourse if the employer denies a teacher conference or something like the backlog could be reduced to 10 per- comptime for any reason. This bill, S. that. Your kid gets a day off from cent. Again, it was defeated on a party- 4, provides that an employee who re- school on Monday. You say we are line vote. quests the use of comptime off shall be going to spend some family time this You say the employee has a right. permitted to use the comptime ‘‘within weekend. So I have got my banked They can go to the Department of a reasonable period,’’ if it ‘‘does not comptime. I want to take Monday off. Labor. They can file a complaint. But unduly disrupt the operations of the I come back to work on Tuesday and look at the odds against you. Look at employer.’’ But nowhere in the bill are the employer says, OK, you are work- the odds that you will ever be seen, at the terms ‘‘reasonable period’’ and ing 10 hours every day this week and no the odds that you will ever be com- ‘‘unduly disrupt’’ defined. They are not overtime. No overtime. Why? Because pensated if 40 percent of them are still defined. So an employee might give an there would only be 40 hours a week. backlogged cases. Plus the fact many employer 2 weeks’ notice of his or her Talk about a disincentive to take of these are low-income workers. They intent to use comptime to take a child comptime. S4344 CONGRESSIONAL RECORD — SENATE May 13, 1997 So, again, businesses go bankrupt. Also, private sector employers are bility to the employee as the support- You have overtime pay that is due you. driven by the profit motive. That is as ers suggest, why are we looking for You have a claim in that bankruptcy it should be. And as such they are more ways to give the employer more bene- court. But if you have banked likely to press their employees to take fits? But that is what the NFIB rep- comptime, you are out of luck. Well, it comptime rather than to pay overtime. resentative said, I think in a moment ought to provide that if you have Obviously, as I said, what manager of unguarded candor, if I might so banked comptime and it goes bank- does not want, what employer does not state. rupt, you ought to have a claim, just as want to maximize their profits to make So the bottom line is this. When con- if you had banked overtime pay due a higher rate of return for their share- sidering altering overtime protections you. holders? That is their business. So, in current law, the rights of employees Also, there is another interesting lit- driven by the profit motive, they would must be of paramount importance to tle feature about this bill I do not want an employee to take comptime any proposal affecting their time and think has been pointed out adequately rather than overtime pay. compensation. This proposal before us enough. In many industries, contribu- In addition, aside from having a high- appears to be neither worker friendly tions to pensions are made for each er rate of unionized workplaces com- nor family friendly, and the result of hour that the employee works. Over- pared to the private sector, most public its enactment would require employees time hours are considered hours workplace employees are under the to work longer hours for less pay. worked for purposes of making con- protection of civil service laws. That Lastly, the Senator from Missouri tributions to these plans. But under means if they are, in fact, singled out went on at great lengths to say that this proposal, workers taking because of the choices they have made the special interests are ganging up to comptime not only will lose overtime on the job, there is a set body of law defeat this. Special interests? Let me pay, but they will suffer a reduction in that provides for both substantive rem- just read a few of the groups opposed to pension benefits as well. this bill: the League of Women Voters, Imagine that. Imagine that. Now we edies and a meaningful procedure in American Association of University have said, OK, guess what, employee. order to enforce their rights. Civil serv- Women, National Council of Senior We are going to make this flexible, as ice laws. Citizens, the NAACP, the National they say in this bill. As I just pointed For example, in the private sector, out, there isn’t really much flexibility an employee can be fired for any reason Council of La Raza, the Disability for the employee. You can now take at the will of the employer. In the pub- Rights Education and Defense Fund, comptime in lieu of overtime. But what lic sector, employees can only be fired the Union of American Hebrew Con- happens if you have a defined benefit for good cause. They are entitled to a gregations, the Southern Christian plan, a pension benefit plan. Hours hearing to determine this. So in the Leadership Conference, the National worked including overtime hours would private sector, an employee could be Council of Churches, on and on and on. mean that you could also make con- fired for not taking comptime, but not Special interests? The fact remains, Mr. President, that tributions to that benefit plan. Well, if in the public sector—a big difference. every group that represents low-in- you take comptime, first of all, you Also, Federal employees are entitled come workers is opposed to this bill. lose the overtime pay. You say, OK, by law to paid sick leave, paid vaca- Every group that represents low-in- that’s fine. I am willing to lose the tion, health and retirement benefits. If come workers is opposed to this bill. overtime pay for my comptime. OK, we could amend this bill to provide pri- That is a fact. Special interests? Not at fine, but then you suffer a reduction in vate sector employees with all of that, all. Special interests, not opposed to your pension benefits as well. Another maybe I could support this bill. So I this bill. But those who understand little twist in this bill that makes it would challenge those on the other what real life is about and who under- harder for employees to take comptime side, especially my friend from Mis- stand what these low-income workers in lieu of overtime pay. souri, amend the bill, provide the same Now, again, in markup, Senator kind of legal protections to employees have to go through, they are opposed to this bill. WELLSTONE offered an amendment to in the private sector as employees have count comptime as hours worked for in the public sector working for the Mr. KENNEDY. Will the Senator this very purpose of making contribu- Federal Government. Maybe you could yield just for a brief question? Mr. HARKIN. I will yield to the Sen- tions to their pension programs. Again, make a case for this bill. But I daresay it was defeated on a party line vote. they are not going to want to do that. ator. Now, my friend from Missouri talked Lastly, I would like to point out that Mr. KENNEDY. I know there are oth- a lot about he just wants for people in much of the flexibility the supporters ers who want to speak. I see my friend, the private sector to have what Federal of this legislation claim to want to Senator WELLSTONE, in the Chamber. I employees have because Federal em- offer is available right now. It is avail- commend Senator HARKIN for making ployees have this comptime, so he able now under existing law. So one an excellent presentation. I hope the wants private sector people to have the has to wonder that if employers can do Senator will perhaps mention the coa- same thing. Well, all right, first of all, these things now but they are not, lition Members that are in support of I do not believe that Federal employees what is the real motivation, what is this bill. The National Association of should enjoy more rights than private really behind their desire to get rid of Manufacturers, the National Federa- sector employees. I supported the Con- the 40-hour workweek? Is it really to tion of Independent Businesses, the Na- gressional Accountability Act when we provide the comptime on the employ- tional Restaurant Association—they passed it in the last Congress. However, er’s side, or is it a way of saying, hey, are not shrinking violets in terms of the public and private sector operate this is a way I can improve my bottom special interest groups. But the bottom under very different circumstances. line, increase my profit margin, pay a line is, as I understand the Senator For one, Government agencies do not little bit more to the shareholders. from Iowa and the Senator from Min- go in and out of business like thinly We got a real hint of this, Mr. Presi- nesota, we oppose comptime where em- capitalized enterprises in the private dent, at the Employment and Training ployees cannot make the decisions, as sector often do. So when a public sec- Subcommittee hearing on February 13 they can under the Family and Medical tor employee accrues comptime, they of this year. A representative of the Leave Act and as Federal employees can count on eventually receiving the National Federation of Independent can. The situation might be different if benefits. Businesses said: the employee could genuinely make But as I just pointed out, in the gar- Real small businesses. . . our members the choice, but, under this bill, there is ment industry or construction, where cannot afford to pay their employees over- no choice for the employee. Therefore, they have high rates of bankruptcies time. This (comptime) bill is something they we oppose the bill. We draw the line and failures, you may bank the can offer in exchange that gives them a bene- where we say this is basically stacked comptime. They go out of business. fit. against the employees. I tried to spell You are out of luck. Not so if you work Gives the employer some benefit. that out earlier. But I just welcome for the Government. You are going to Well, if S. 4 is supposed to be family getting the Senator’s reaction on that get it. friendly, employee driven, giving flexi- issue. May 13, 1997 CONGRESSIONAL RECORD — SENATE S4345 We are for trying to get those kinds work schedules since 1978. It is time to committee hearings that I thought of protections. We were for it in the give private sector employees the same were productive. I thank my colleague, committee, as the Senator knows, options. Today’s work rules are too in- Senator DEWINE from Ohio, for his when we tried to get the Murray flexible, and this legislation changes leadership. We had a respectful mark- amendment to give the 24 hours with that to meet the needs of today’s work- up. There was discussion in the mark- the decision to be made by the employ- ing families. up, where amendments were voted ees. It was voted down by the Repub- The bill provides employees with sev- down on a straight party vote, in which licans unanimously. In terms of the eral options in determining their work some of our colleagues appeared inter- Dodd amendment, it was voted down by schedules. ested in modifications and ways of them again—where the employee has First, workers would have the option making this a better bill, changes that it. When we get to the bottom line, is of paid flexible leave. An employee could bring people together—fixing the that not really the basic issue which is might choose to work 35 hours one bill. That just has not happened. I at stake? week and 45 hours the next, and still know there is a managers’ amendment. Mr. HARKIN. I think the Senator is receive a full paycheck. But a lot of concerns that have been correct. That is the bottom line at Second, an employee could set 2- raised just have not been spoken to. stake. Are we really going to give the week schedules totaling 80 hours in any The House bill, remember, passed employee—are we going to empower combination. This would not change narrowly. That bill was a much more the employee to make those decisions? the 40-hour work week, as some have moderate version than this Senate bill. This bill does not do that. This bill ac- said. The Family Friendly Workplace It did not have the 80-hour biweekly tually just gives more power to the em- Act simply adds a section to the Fair work period framework. It did not have ployer. It gives more power to the em- Labor Standards Act to create options the so-called flextime. It was a straight ployer to take away from the employee for employees who want flexible work comptime bill. In my view, anything the benefits they have right now for schedules. In addition, this cannot be that essentially takes the Fair Labor overtime pay and the benefits they forced upon an employee. It must be Standards Act and turns it on its head would have from, really, accruing agreed to by the employee and the em- is not going to go anywhere. That is comptime. ployer. what the 80-hour framework does. And As I said earlier, again, this is an- Third, employees could choose to flextime, which offers little to the em- other one of the very bad ideas that pe- take time and a half off instead of ployee, does the same thing. I don’t be- riodically come up through the Senate. overtime. Up to 240 hours of comptime lieve that anything that is hour for It sounds good. What’s it called? The could be banked. Employees would also hour as opposed to time and a half is Family Friendly Workplace Act? Ridic- have the option of cashing out accrued going to go anywhere either. ulous. I don’t know who thinks up all hours for overtime pay at a later date. So I find it surprising and discourag- these titles and these names. Nothing No employee would be required to ing that we are discussing this particu- could be farther from the truth. participate in any of these programs, lar version of this bill. It is not going This is a bill—the intent may be and coercion or intimidation by the to be enacted into law. I really wonder good. I do not question the intent or employer with respect to participation why we are debating it in its present motivation of my friend from Missouri is prohibited. Strict penalties in this form. at all. I just think it is going in the bill ensure that these arrangements I believe there is some work we can wrong direction. There are ways we can will be voluntary. Let me reiterate do on the bill. Maybe we can do it improve this bill. We offered these that all of these options are 100 percent through amendments and come out of amendments to the committee. Sen- voluntary for workers. Nothing would here with a piece of legislation that we ator WELLSTONE, Senator KENNEDY, change for employees who want to can all get behind. But whatever the and Senator MURRAY offered amend- work a standard schedule. Employers bill’s press materials promise about it, ments to really make this more like would still have to pay time and a half the fact of the matter is that in its cur- what Federal employees have now. The for any overtime hours put in by an rent form the bill turns the clock back Senator from Missouri is right. Federal employee in any week, if that is what half a century. It is simply not going employees do have this—with good pro- the employee wants. to work. My colleague, for example, tection, good comptime. As I point out According to the Bureau of Labor came to the floor and was angry about in my statement, there is a lot of dif- Statistics, in 1960 just 39 percent of ads that have been run. This is the first ference between the private sector em- women who had children between the time I heard what those ads have to ployer and the public sector. If the ages of 6 and 17 were in the work force. say. But reading from the script of one Senator from Missouri wants to amend Today, 76 percent of mothers with of the ads, a portion of the voiceover this bill to give private sector employ- school-age children are working. This says: ees the same protections as civil serv- increase of working families is not Big business is moving to gut a law pro- ice laws give Federal employees, compatible with the one-size-fits-all tecting our right to overtime pay. If they maybe he can make a case for this bill. workplace laws enacted in the 1930’s. win, employers could pay workers with time But that is not the case right now. So I urge my colleagues to support giv- off instead of money. you cannot compare Federal employees ing working families the opportunity That is true. That is absolutely true. with employees in the private sector. to balance their work and family obli- In theory, you could say employees This is just an example of good inten- gations by supporting this legislation. have a right to choose. But the reality tions gone awry. Good intentions, I The PRESIDING OFFICER. The Sen- of the pattern of power between em- think, messed up by other special in- ator from Minnesota. ployees and employers is that quite terest groups that have come in, as Mr. WELLSTONE. Mr. President, often employees do not have that Senator KENNEDY pointed out. Who is there are a number of Senators on the power to choose. for the bill? As I pointed out, every floor. We are undoubtedly going to be Then the ad says: group representing low-income workers back on this bill with plenty of oppor- They say the choice will be up to us. But is opposed to this bill. If this was such tunity for amendments and work on it, there are no real safeguards to keep employ- a good bill, they would be for it. I so I am going to try to be very brief in ers from pressuring workers to accept time think that is the proof of what this bill deference to a number of colleagues. I off, or telling them when to take it. is all about. It is a bad bill. It ought to know my colleague from Texas has to That also is true. I pointed out in be defeated. I am sure we will have leave very soon, and I see a colleague subcommittee and in committee exam- some amendments, and I am sure the from Maine here. ples of ways in which overtime law is Senate in its wisdom will defeat this My disappointment is that the ver- being violated right now. There is a bill and put it back in the files where sion of S. 4 that we see right now on backlog of complaints at the Depart- it belongs. I yield the floor. the floor is a harsh version. It is not ment of Labor. Regardless of the the- The PRESIDING OFFICER. The Sen- going to pass. It is going to go no- ory of the bill, it could very well hap- ator from Mississippi. where. pen that coercion will take place. Mr. COCHRAN. Mr. President, Fed- I would really like to see us do some Finally, and I know my colleague eral employees have enjoyed flexible work together. We had several sub- from Missouri, whom I enjoy as a S4346 CONGRESSIONAL RECORD — SENATE May 13, 1997 friend, was very worked up about this change a piece of legislation that peo- know it by heart because my wife is portion: ple have given their sweat, blood and from Harlan County, KY. It is a great You could work up to 40 additional hours a tears for, which is what we are talking song. It was written during all the coal week before qualifying for overtime pay. about when we talk about the Fair mining strikes. Of course, you know That provision is not in the House Labor Standards Act, unless you keep it’s a strong union song. version of comptime. But in theory, the integrity of it. We are not doing The fact of the matter is, when I look that is true of this Senate version. I that here. at the lineup of who is opposed to this don’t think it would happen, but the So there are some huge problems. bill, and I see all these unions and all fact of the matter is, when you go from The bill is not truly voluntary, No. 1. It these organizations that have fought a 40-hour week to an 80-hour biweekly moves away from a 40-hour week. It for civil rights and human rights and timeframe, that is exactly what could sets up a 2-week, 80-hour framework. for women over the years, I guess I do happen. Somebody could work 80 hours That is not in the House bill. I think know who’s side I am on. I am on the one week and not work the next week that has to be out of the bill. It has a side of working people. at all, but for the 80 hours they worked flextime option which is just hour for This piece of legislation could be for for that first week, there would be no hour. In my view, if we want to get working people, but in its present overtime pay for the hours worked over something passed here, we should be form, it is going nowhere. There are 40 hours. That could happen. That is making it comptime and we should going to be Senators, and I certainly true. I don’t think it would happen. then say to people, look, we want to count myself as one of them, who will But there is a real danger here, if you give you real choice and the flexibility oppose this with everything we have, don’t limit the bill to comptime, of em- of using that time when you want and and I think we can stop it. I hope we ployers being in a situation—and they need to use it. get to the point of having some amend- really do have the power most of the But I say to my colleagues that at ments, figuring out ways we can come time—where they basically can say to this point in time, I don’t know what together and pass a piece of legislation, employees: We are interested in the the majority leader’s intentions were, but not in this form. I yield the floor. flextime option. We are interested in but I think it is fine to debate, it is Mr. WELLSTONE. Mr. President, it your working overtime 1 week and tak- fine to talk. It is not pointless, but this is somewhat surprising, and not very ing more time off the next week. But legislation is not going anywhere, not encouraging, that we are considering we are not interested in time and a in its present form. such a harsh version of S. 4 today. The half, premium compensation, which I believe Senator DEWINE is very bill before us is essentially the version you would earn with comptime. committed to working out a com- which was reported out of the Labor Employers are in the driver’s seat. promise, and I believe my colleague Committee on a straight party-line The real problem is that the bill does from Missouri is also committed to a vote. That vote followed rejection by a not provide the flexibility that it compromise. Maybe the strategy is to majority on the committee of a num- purports to provide. That is a huge stake out an extreme position, with ber of amendments which would have problem. the idea that it helps for negotiating improved the bill considerably. All There are two principles, and I am purposes. I don’t mean to incur my col- those amendments were defeated on a skipping over a lot of what I wanted to leagues’ wrath—but I say to them, this straight party-line vote. say. There are two basic principles at a is not a Mother’s Day present, not in This version of S. 4 makes almost no minimum, I say to my colleague from its present form. It is not a Family changes which directly address the se- Missouri, that will be required to make Friendly Workplace Act, not in its rious and substantive problems in the comptime work for employees and give present form. However you package it, bill during committee consideration. them real flexibility. These should be and however you try to market it, and The managers’ amendment has just the basis for the work we do together. however you try to advertise it, the been made available this morning, so First, it has to be truly voluntary. fact of the matter is, you don’t have we have not been able to examine it in There has to be some language that the flexibility for the employee; you detail. But it does not appear to be puts more teeth into the voluntariness. take the Fair Labor Standards Act and much of an effort to make the bill Frankly, there is not right now. you turn it on its head. You go to an more acceptable to those who have Second, employees must really get to 80-hour framework and you should not. made a real effort to improve the bill use their accumulated comptime when Then on comptime, you don’t really so far. they want and need to use it. That was make sure employees truly will have It is surprising and discouraging that the why of one of the amendments I in- the choice, which is what I thought it we are considering this particular ver- troduced, which said we have the Fam- was about. sion of S. 4 for two reasons. ily and Medical Leave Act. FMLA We had some amendments that lost First, many of our colleagues are makes clear in which cases we let fami- on a straight party-line vote. So let’s aware that a comptime bill has passed lies take some time off, even though get rid of the extreme provisions of the House of Representatives. That bill millions of people are not covered right this legislation, let’s talk about the is considerably milder than this bill in now. In any case, this bill would be an comptime part. Let’s talk about how a its undermining of basic, long-re- opportunity to say to somebody with family, a woman or a man can have spected labor protections. The House- banked comptime: It’s your time. You this choice between time and a half for passed bill does not directly undercut have earned it. If you have that time overtime pay or time-and-a-half over- the 40-hour workweek. It does not give and now you need to take time off be- time for time needed to be with family. employers the option of offering only cause you need to go to a PTA meeting Let’s make sure that employees have hour-for-hour compensatory time off in or have an illnes in the family, or for the flexibility to truly be able to make exchange for overtime work—so-called that matter you are having problems this choice, that it is not one sided and flextime. at home and have been battered, where just for employers. Let’s make sure Still, the House bill passed narrowly, there are problems of domestic abuse that we really establish a kind of coop- and it passed under the threat of a and you need to take time off, you erative arrangement. But that is not likely veto by the President. The Presi- should be able to take that time off. what this bill does. dent has said he would like to sign a There should not be any question about I say with some disappointment to a comptime bill. But the Department of it. You have earned it as compensation good friend, I oppose it. I think that we Labor has signaled that the President for hours worked. It should not be up will have a strong vote against it. I would likely veto a bill like the House to the employer to decide whether you have to say, it is one of these situa- bill. In my opinion, a veto of the can use it if FMLA reasons exist. tions—I promise my colleague from House-passed bill would clearly be war- So I just want to make it clear that Texas, I will be done in 1 minute now, ranted because that bill does not meet at the moment I do not see this as a I know she wants to speak—but really the standards of anyone who is serious Family Friendly Workplace Act. I do Florence Reese wrote the song, ‘‘Which about trying to help employees cope not see it as a Mother’s Day present. It Side Are You On?’’ I heard my col- with the competing demands of work is not truly voluntary. We cannot league from Missouri cite that lyric. I and families. May 13, 1997 CONGRESSIONAL RECORD — SENATE S4347 The House has narrowly passed a bill to working Americans with families. Many of us on the minority side even which likely would, and certainly That is what this bill’s press materials find the idea of a truly voluntary should, be vetoed. So what is the Sen- promise it would do. That is what some choice between cash overtime on one ate doing today? Here in the Senate we of us set out to do 4 years ago when we hand, and paid time off at a premium are considering a bill that is a far pushed hard to win eventual passage of rate on the other—in other words, be- blunter and a far more dangerous at- the Family Medical Leave Act. Some tween cash overtime and comptime—to tack on workers with families, a bill of today’s proponents of S. 4 issued dire be an attractive idea on its face. We which we all know cannot be enacted warnings back then that the FMLA think comptime might be able to work in its present form. We know an 80- would harm businesses and the econ- to the benefit of both employers and hour biweekly work period will not be- omy. It hasn’t. The FMLA has worked employees if it is drafted properly. come law. Why are we debating it? Do well. Therefore, in the committee we of- we think the public is fooled by a bill That is why our side offered two fered a number of additional amend- which does away with the 40-hour amendments to S. 4 in committee ments whose purpose was to take seri- workweek simply because the meas- which would have expanded the FMLA. ously the idea that comptime is indeed ure’s proponents say it is voluntary? Millions of workers do not currently meant to deliver on what the title of S. It is somewhat absurd. If a Member enjoy the benefits of the FMLA. Mil- 4 promises. The bill is called the Fam- came and offered a bill doing away lions who do are able to use it only for ily Friendly Workplace Act. All those with the minimum wage—but on a vol- medical reasons, not for other times of amendments were defeated. untary basis—we would not take it se- true family need and importance, such Comptime will not be an easy idea to riously. If a bill offered employees the as parent-teacher conferences. This bill make work in a way that is truly vol- voluntary choice of working regularly purports to provide greater flexibility untary. A lot of care must go into in conditions which threaten life and to employees, so we sought to expand drafting such a bill. It is worth remem- limb, we would not take it seriously. A the ability to take unpaid leave in ex- bering that the Fair Labor Standards bill doing away with the 40-hour work- ceptional family circumstances. Unfor- Act has served both employers and em- week cannot be enacted as drafted, and tunately, both amendments to that ef- ployees well since its initial passage in fect were defeated. it should not even be taking our time 1938. We should amend it with care. Many of us on the minority side also here today. Nonetheless, the whole law is not sa- would like nothing better than to allow The second reason I find it surprising cred. Democrats and working people working Americans with families to and discouraging that we are discuss- are not stuck in the past. If we can get more control over their work ing this particular version of comptime move forward, and not turn back the schedules. What could be more impor- is that I sat through two hearings on clock, it might be possible and desir- tant than to help people juggle work this topic in the Labor Subcommittee able to change the Fair Labor Stand- and family by getting more control on Employment and Training, where I over their work schedules? ards Act. But not in the way this bill serve as ranking minority member. I That was the motivation behind an suggests—not in a way that attempts heard a great deal of illuminating tes- amendment I offered in committee to turn back the clock when it comes timony during the subcommittee hear- which would have ensured that employ- to basic workplace protections. ings. I also engaged, as did others in ees who accumulate comptime as envi- After the two hearings we held in the the Labor Committee, in a respectably sioned by this bill would actually get Labor Committee’s Subcommittee on rigorous markup of this bill in the full to use it when they want and need to Employment and Training, I was committee. use it. That seemed simple enough. frankly skeptical about whether During these subcommittee and com- If the idea of the bill is to help em- comptime could be made truly vol- mittee meetings we heard a number of ployees get control of their work untary and beneficial for employees. It expressions of sympathy and concern schedules, if the idea is to be family was the testimony of some of the ma- from Republican colleagues regarding friendly, then people who accumulate jority witnesses which made me even criticisms of S. 4 raised by myself and comptime under this bill, which is more skeptical than I was before the others. These expressions of concern compensation that has already been hearings. Looking at the version of the might have been slightly more persua- earned at some prior date, not vacation bill which has now been brought to the sive if even one Republican could have or some other benefit conferred by the floor, my skepticism appears to have found a way to vote for even one Demo- employer, but previously earned com- been justified. But still I think cratic amendment in the committee. pensation, should be able to use it comptime could be attractive for many Nonetheless, I thought I detected a de- when they want and need to use it. working people if it is drafted properly. sire to make this a workable bill. My amendment included very reason- There are two basic principles which There were suggestions that ways able restrictions to avoid harm to em- at a minimum are required to make might be found to fix problems in the ployers. It was an honest amendment. comptime attractive for employees: bill. It sought to take this bill at its word. First, it must be truly voluntary; sec- Some of us thought that there would At least it sought to take the bill at ond, employees must really get to use be an effort to address the more serious the word of its own advertising. It their accumulated comptime when of our concerns between committee and sought to provide employees who have they want and need to use it. the floor. But the minor changes in the families just a little more control over A number of additional protections managers’ amendment, with one excep- their work schedules by allowing them would be necessary as details to make tion do not begin to do that. I will to choose when it is that they use their comptime work. But these two prin- come back to the managers’ amend- earned comptime. ciples are fundamental. ment and our detailed criticisms of In the case of this bill, however, its As currently drafted, S. 4 fails both this bill’s comptime provisions later. advertising and its content are not the tests. It has additional problems, but But what we have before us today is same thing at all. Undoubtedly, many above all S. 4 as drafted barely even hardly an effort at accommodation. workers who may have heard this bill pretends to be about providing flexibil- The bill in its current form is little described by it proponents, who may ity for working people. It is flexibility more than an affront. Not only have even have heard it described as a Moth- for employers. It is flexibility for em- the most offensive provisions for em- er’s Day gift to working mothers, prob- ployers, combined with ways to cut pay ployees—the 80-hour biweekly work pe- ably have assumed that if the bill for employees. It disfigures what could riod and so-called flextime—not been passes and they earn comptime, then be a decent idea, comptime, and it adds pulled from the bill. But the comptime they will be able, within reason, to provisions that even leaders in the provisions which could be the basis of choose when to use that comptime. House of Representatives did not at- discussion and agreement remain Sadly, they would be wrong. This bill tempt, which would directly cut work- largely unchanged. does not provide for that. My amend- ers’ pay. Mr. President, many of us on the mi- ment sought to repair this fairly obvi- Mr. President, we all understand the nority side would like nothing better ous, fairly egregious flaw. But it was game of staking out an extreme posi- than to help provide genuine flexibility defeated. tion in the hope that you can get more S4348 CONGRESSIONAL RECORD — SENATE May 13, 1997 of what you want through creating the We will continue to debate S. 4. I game on Friday afternoon and suggest illusion of compromise from a drastic look forward to a debate over a number making it up next week. You can’t do proposal. I hope we will not spend our of amendments. I hope to offer one or it if you are an hourly employee,’’ be- time on that game. But it appears that more myself. I hope that debate can cause the Fair Labor Standards Act, is the game we are playing with this focus on how to construct a truly vol- which was passed in 1938 when fewer bill. untary and beneficial comptime bill. than 10 percent of families had both Let us just drop the 80-hour biweekly But a bill which features two pay- spouses in the workplace, prohibits work period from the bill. It is not a cutting options out of a total of three Dorothy Smith from being able to go in real proposal. It is an insult to working options for employers and employees is and say, ‘‘I’d like to go to John’s soc- people with families. Many workers not family friendly. cer game on Friday afternoon, and face enough indignities without Con- Mr. President, I would also like to could I work an extra hour on Monday gress adding to them. Let us drop this add a brief remark concerning the and Tuesday?’’ frontal attack on the principle of the Managers’ amendment. I appreciate So now Dorothy, who is one of two- 40-hour work week. the Senator from Ohio’s description of thirds of the working women in Amer- Second, let us drop the flex hours it. While we are only seeing it now for ica who have school-age children, is provision from this bill. That is the the first time, I think we can say that being subject to a law that was passed provision which would ask workers to it doesn’t go very far toward address- in 1938 that does not even relate to the work overtime with no premium com- ing the deep, substantive concerns workplace today. pensation, only hour-for-hour paid many of us have raised against S. 4. Mr. President, with the Family time off. We had some discussion during the Friendly Workplace Act we are trying These are provisions which not even committee markup. There was some to bring our labor laws into the 21st the House of Representatives included hope that we could actually work to- century to reflect the changing face of in their bill. No one can argue with a gether to make this bill acceptable. working America and to meet the straight face that these are not pay-cut But this amendment, as I understand growing demands of work and family. provisions. Their purpose is to cut pay. it, makes fairly minor changes—with We realize that two-thirds of the work- The President will not sign a bill with one exception. ing women in this country have school- such provisions. The 80-hour and the My understanding of the managers’ age children, and that what they need flextime provisions simply detract and amendment is that it changes the bill’s most is a little relief from the stress distract from the debate we should definition of who would be considered a caused by being both the provider at have about comptime. covered employee. That is a sub- work and the caretaker at home. When Mr. President, I would like to con- stantive step. The change takes a step their child comes up to them and says, clude with some remarks about work- toward addressing a criticism we raised ‘‘Mommy, can’t you come to my tennis ing families. in committee. It ensures that many game,’’ ‘‘Can’t you come to my base- S. 4 is called the Family Friendly part-time and temporary workers ball game this afternoon,’’ mommy will Workplace Act. I believe the friendliest would not be covered by the bill’s pro- no longer have to say, ‘‘No, I’m sorry, thing we could probably do for most visions. I don’t believe the change goes there is just no way because Federal law won’t allow me to do it. working people who have families in nearly far enough in exempting vulner- I have to say, Senator ASHCROFT has America would be to increase their able workers. But it is a move in the provided great leadership on this issue, pay. We did that for millions of Amer- correct direction. because until he proposed this bill, I ican workers last year. Perhaps the The additional changes, again, as I was not fully aware of the restrictions minimum wage bill which was so understand them, we are just now see- the Fair Labor Standards Act was plac- fiercely resisted by a number of col- ing them, are minor. One change which ing on the hourly working men and leagues on the majority side and by a we discussed, and which I had hoped we women of this country. I, like most number of groups who are supporting would have agreement on, concerned Americans, thought it common sense S. 4 should have been called the Family bankruptcy. I was prepared to offer an that an hourly employee would have Friendly Workplace Act. amendment in committee to ensure the ability to work a few extra hours 1 But whether that is true or not, I be- that workers with accumulated week in order to take a few hours off in lieve it is safe to say that any objective comptime would be able to collect on another week. In fact, as the need for person who reads this bill, S. 4, care- that earned compensation in case of this bill demonstrates, the hourly em- fully, a person with some familiarity employer bankruptcy. The Senator ployee in America has fewer hours than with modern workplaces, might wonder from Ohio [Mr. DEWINE] indicated that virtually every other class of workers. whether its title is actually a grim at- he hoped to address the problem. It is A salaried employee can work out tempt at humor. They might wonder my understanding now that the major- flexible work arrangements with his or whether the title, ‘‘Family Friendly ity does intend to fix that portion of her employer. A Federal employee at Workplace Act,’’ is really a mean-spir- the bill, although the problem is not any level can do this, but not an hourly ited and sarcastic message to working addressed by the managers’ amend- employee in the private sector. Americans. That is because no one who ment. I hope we can correct that flaw. Mr. President, I don’t see the logic. reads this bill carefully, in its current Mrs. HUTCHISON addressed the In fact, when the bill was passed in 1978 form, could reasonably describe it as Chair. to allow hourly Federal workers to family friendly. The PRESIDING OFFICER (Mr. SES- have this right, this very important S. 4 as written is family-unfriendly. SIONS). The Senator from Texas. flextime/comptime right, Senator KEN- It is a thinly disguised effort to reduce Mrs. HUTCHISON. Mr. President, if I NEDY, who is now opposing comptime/ pay and to help employers avoid paying were just a person sitting out there flextime for private sector workers, co- overtime. That is not just rhetoric. watching this debate, I think my first sponsored that very legislation. That is the bill. I wonder how many question would be, ‘‘Well, why can’t an I heard the distinguished Senator families will consider this bill to rep- employee go to his or her employer and from Massachusetts say that our legis- resent a friendly gesture when we strip say, ‘I’d like to take time off at 3 lation could allow coercion of employ- it of its happy-face packaging and ex- o’clock on Friday, and could I work ers into taking or not taking time off pose it for what it is: an effort to re- extra next week?’ ’’ I am sure people in lieu of overtime pay. In fact, the bill duce pay and to help employers avoid are scratching their heads and saying, that he cosponsored to extend paying overtime? ‘‘What would prevent them from doing comptime and flextime to Federal Plenty of employers do try to avoid that?’’ workers allows Federal agencies to paying overtime already under current The law prevents them from doing make acceptance of comptime in lieu law. And far too many succeed, as we that if they are hourly employees. The of overtime a condition of employ- will see later during our debate. We great Big Brother Federal Government ment. don’t need to provide encouragement says ‘‘No, no, Mrs. Smith, you cannot Mr. President, I suggest it is the leg- to cut more pay and avoid paying more go to your employer and ask for time islation that the Senator from Massa- overtime. off at 3 o’clock to attend John’s soccer chusetts supported, not the present May 13, 1997 CONGRESSIONAL RECORD — SENATE S4349 bill, that allows for coercion. Far from ployee and the employer coming to- A recent Money magazine survey allowing employers to make comptime gether. The only reason an employee found 64 percent of the public and 68 or flextime a condition of employment, would want to take comptime or flex- percent of women would choose time S. 4 gives employees the absolute right time is so that they can restore some off over cash for overtime work. So, to refuse any of these new options, and measure of control and sanity to their why would we not give the option to provides for severe penalties for em- workweek. The only reason an em- those working women to get that ployers who might pressure employees ployer would want to offer comptime time—without wrecking their budgets, one way or the other. or flextime is so that his or her em- I might add? In fact, neither the employee or the ployees will be more engaged, fulfilled, The Family and Medical Leave Act, employer has the ability to dictate and ultimately more productive at as some have called for expanding, whether the other chooses to partici- their jobs. This bill truly will create gives them time off, but it is not paid pate in a comptime or flextime option. millions of win-win arrangements time off. We are talking about paid Either side can say, ‘‘No thank you.’’ If throughout this country, where both time off in this bill, so that working the employer says on Friday, ‘‘I need employer and employee walk away parents do not have to worry about you to work 2 extra hours today,’’ the happy. making the mortgage payment or mak- employee then has the right to say, The employer might say, ‘‘Gosh, ing the car payment if they take that ‘‘That’s fine, and I will take that in we’ve got a big order that has to go out 2 hours off for their child’s soccer overtime pay,’’ or ‘‘That’s fine, and I on Friday. Could we, instead, have you game. If their budget is a little tight would like to bank that at a time-and- work overtime Friday rather than this month because they had an extra a-half rate to take later on as free Monday,’’ assuming that wasn’t the visit to the dentist or the car breaks time.’’ Likewise, if an employee goes time the employee asked for time off, down, then the employee always has to the employer and says, ‘‘I would like say it was Thursday. So, of course, the the right to take the cash for the hours to work 2 overtime hours this Friday employer can say, ‘‘Well, could you do he or she has banked. But if they have and take those off with pay next Mon- it at this time?’’ I think reasonable a secure budget and would rather have day,’’ the employer has the right to people will be able to work this out. a little extra paid time to go to the I thought it was very interesting that say, ‘‘I’m sorry, but it doesn’t work soccer game, to go to the PTA meeting, the distinguished Senator from Iowa, into the schedule this week.’’ to go to the baseball game, the Family Senator HARKIN said, ‘‘Gosh, what if But Mr. President, let me make one Friendly Workplace Act gives them you have biweekly schedules and a per- point clear. Once an employee has ac- that option. It is an added advantage. son works 60 hours in 1 week and 20 crued either comptime or flextime, the It takes nothing away. That is what is hours the next week? That may make employee would have the legal right to important for all of us to remember. it harder to find child care.’’ What if When the labor unions say, ‘‘We take that time, with pay, with reason- the person is having a hard time find- think this is a bad bill,’’ what are they able notice to the employer, so long as ing child care in the Monday and Tues- afraid of? The Federal employees who taking the time does not unduly dis- day of the following week and would have this right now love it. The polls rupt the operations of the business. If like to go to her employer and say, ‘‘I show they love it. A recent Govern- the standard were otherwise, Mr. Presi- would like to work extra hours this ment Accounting Office survey found dent, scant few employers would even week when I have child care and take that Federal employees are pleased want to offer comptime or flextime, for off 2 days next week when I don’t have with their comptime and flextime op- fear that it might shut down their child care?’’ tions, 10 to 1. They love being able to business if too many employees left at The point, Mr. President, is that we work flexible schedules, like the very some critical time. A florist simply are trying to give more options to the popular 9-hour days for 8 days, 8 hours could not afford to lose his or her em- hourly employee of this country. I ask the next day, then taking every other ployees around Valentine’s or Mother’s the labor unions, what are you afraid Friday off. They love that option to get Day, for example. For my colleagues on of? Why wouldn’t you want hourly em- to go on a camping trip on Friday or the other side of the aisle to argue that ployees to have this right, because, in participate in a child’s school activity. employees should have the absolute, fact, you know we have protected labor One parent here in the Washington, unfettered right to take time off when- union contracts in this bill. If employ- DC, area even talked about how won- ever they choose for other than serious ees are under a labor union contract, derful it was that she and so many health or family needs is disingenuous. then this law simply does not apply. If other parents at her child’s school who They know that doing so is unreason- the labor union doesn’t allow them to, were Federal employees are able to at- able and would prevent workers from this bill would not extend to them the tend plays, football games, and other having any flexibility because most right to take comptime or flextime. school activities on Fridays. She employers would not be able to offer a Labor contracts will not in any way be talked about the pride she felt at being comptime or flextime program. violated. So why is labor so afraid of able to see her son play football at so In fact, in the bill that was sponsored this bill? Why would they not allow the many Friday games. I think it is high by Senators KENNEDY, DODD and others hourly employees of our country who time that every hourly worker in that extended comptime and flextime don’t have labor contracts to have the America have that same ability and to Federal workers recognized this. right to have some added flexibility right. The bill they supported also allows and manageability in their schedules. Mr. President, we will apparently Federal workers to take comptime Mr. President, I think it is very im- have a long time to talk about this bill only within a reasonable period after portant for us to put in perspective because Senator WELLSTONE and others the employee makes the request and that we are adding another option for have signaled they may try and fili- only if the use does not unduly disrupt the hourly employees of this country, buster this bill. He is going to try to the operations of the Government because we know that what moms need avoid a vote on the floor of the Senate agency. That is exactly the same most if they are working is relief from on whether we are going to give the 60 standard in our bill today. By the way, stress. They need the option of time. million hourly working men and Mr. President, it is also the exact same This doesn’t say they have to take women in this country the same oppor- standard that provides for non-emer- comptime instead of overtime; but it tunity for flexible scheduling that the gency leave under the Family and Med- gives them the option. rest of the country enjoys. They want ical Leave Act, again supported by my Recent polls show that these are op- to avoid a vote to be able to tell that many if not most of my colleagues who tions that working Americans are over- working mother that ‘‘Yes, you can now oppose this bill. whelmingly demanding. More and more take Friday afternoon off, with pay, in But Mr. President, I think the es- people in the workplace are saying, order to see your child in a school play sence of this bill is not whether the ‘‘I’d rather have the time. I would rath- or to take your child to the doctor. employer or the employee have the er have the ability to go home and I think for them to filibuster this bill upper hand legally speaking, because spend more time with my children, and not give that added right to hourly this bill puts them on an even playing without losing any money in my pay- employees begs—begs—for an expla- field. Rather, it is a matter of the em- check.’’ nation. S4350 CONGRESSIONAL RECORD — SENATE May 13, 1997 Mr. President, I see our distinguished DeWine, Judd Gregg, Paul Coverdell, quest time does not unduly disrupt the majority leader has come to the floor. Gordon Smith, John W. Warner, Thad employer. I am happy to yield the floor and just Cochran, Conrad Burns, Fred Thomp- There are no further guidelines. So, if say, in closing, that we will not give up son, Don Nickles, Wayne Allard, Jeff an employer found the timing of the Sessions, Dirk Kempthorne. this bill. If they are going to filibuster Mr. LOTT. For the information of all mother’s request was not reasonable or it, they will know we are going to fight Senators, the cloture vote on S. 4 will if the time would be unduly disruptive, for the hourly working moms in this occur on Thursday, May 15, and I ask the request could be denied. Consider- country to spend more time with their unanimous consent the vote time be ing the fact that the worker has al- children and at the same time be able determined by the majority leader ready earned the right to this com- to make the home mortgage payment after consultation with the Democratic pensation, her request for a particular and the car payment. Thank you, Mr. leader and that the mandatory quorum time off deserves deference. President, and I again want to thank under rule XXII be waived. Inexplicably, the sponsors of S. 4 re- the distinguished gentleman from Mis- The PRESIDING OFFICER. Without jected an amendment offered in the souri, Senator ASHCROFT, as well as the objection, it is so ordered. Labor and Human Resources Commit- distinguished committee and sub- Mr. LOTT. I yield the floor. tee that would have ensured a worker committee chairmen, Senator JEF- The PRESIDING OFFICER. The Sen- receive the time requested if the re- FORDS and Senator DEWINE, for their ator from Rhode Island. quest was made 2 weeks in advance and leadership and hard work on this most Mr. REED. Mr. President, I rise to would not cause the employer substan- important bill. speak in opposition to S. 4, the Family tial injury. This bill offers quite a bit I yield the floor. Friendly Workplace Act. At a time more flexibility to the employer than Mr. LOTT. Mr. President, first, I when we should be debating ways to it does to the employee, and it does not commend the distinguished Senator raise the wages of working Americans represent another real option for the from Texas for her remarks today and to reverse two decades of decline, S. 4 wage earner, the hourly wage earner in on several occasions with regard to the proposes comptime policies which will America. working mothers of this country and place additional downward pressure on In addition, there are serious con- the women who would benefit from this the standard of living of working cerns regarding how much choice em- opportunity, as well as her work on the Americans. Rather than seeking a bi- ployees actually will have. The bill spousal IRA last year. In so many ways partisan solution to give great flexibil- contains hortatory language dictating she has raised our sensitivity to ways ity to workers without jeopardizing that programs be the voluntary choice that we can help the working women their income, S. 4 unnecessarily under- of the employee and that employers and the moms of America. mines longstanding wage protections cannot coerce employees into taking She was on the air this morning afforded American workers. time off in lieu of pay. However, S. 4 shortly after 7 o’clock, speaking up The problem is simple: Working fam- fails to provide a verifiable system by about this important legislation. I hear ilies today find both their time and fi- which employees choose to take comp her often at all hours of the day. She is nancial resources stretched to the time. Indeed, the bill fails to stipulate doing a great job. I commend her for breaking point. The average working safeguards concerning potential dis- her leadership. family has not seen their income in- crimination. I also want to thank the Senator crease over the past 20 years. In almost Under the bill, employees will be from Missouri, Senator ASHCROFT, Sen- two-thirds of families, both mom and quickly divided into two groups: those ator DEWINE from Ohio, Senator JEF- dad have to work to make ends meet. who accept time off as overtime and FORDS, all of the Members who have Financial resources and family time those who want pay. The bill does not worked to bring this legislation to the both are at a premium. explicitly or effectively prevent an em- floor. S. 4 is probably one of the most Manifestations of the problem are ployer from offering overtime only to important things we can do this year easy to manage, and they occur in var- those who will accept time off. Again, to help the workers of America have ious forms every day. We have heard in committee, the sponsors of S. 4 re- flexibility with their work schedules, much discussion about the working jected amendments which would have to deal with the comptime issue in a mom and her problems. The working clarified the principle that employees different way that is more beneficial to mom, for example, might get a call cannot be distinguished based on their them. This is very important legisla- from her daughter’s school, and the willingness to take nonpaid overtime. tion. teacher requests a meeting explaining Most seriously, the current Family I had hoped we could come together that the child’s grades have slipped, Friendly Workplace Act contains a pro- on an agreement on getting it com- and normally the child is a very atten- vision which devastates the family’s pleted and moving it through the Con- tive child, but she has become disrup- ability to both schedule time together gress and on to the President for his tive. Concerned about her daughter, and make ends meet: the evisceration signature. There were indications in who is usually a good student, mom of the 40-hour workweek. Under this the administration that they would seeks to schedule a teacher conference legislation, an employer would be per- like to do it, and from the Democratic as quickly as possible without dimin- mitted to schedule employees to work leadership. So far, it has not happened. ishing her income. The factory where 50, 60, 70, even 80 hours a week without But we feel this is so important we she works is currently busy, so she ap- providing any overtime pay. Overtime must bring it to a foreseeable conclu- proaches the manager and requests to pay would only be required after work- sion and make sure that the amend- work an hour of overtime this week so ing 80 hours in a 2-week period. It is ments that are offered are relevant. she can take an hour and a half to see difficult to contemplate how an em- CLOTURE MOTION her daughter’s teacher next Thursday. ployee scheduled to work 70 or 80 hours Mr. LOTT. Therefore, Mr. President, How would S. 4 address this problem? a week at the discretion of the em- I send a cloture motion to the desk. Unfortunately, the answer is, inad- ployer will be able to better schedule The PRESIDING OFFICER. The clo- equately, if at all. First, under S. 4, a time to attend to the needs of his or ture motion having been presented worker cannot avail herself of the pro- her family. Supporters of the bill may under rule XXII, the Chair directs the gram. Comptime is provided solely at argue that the program is voluntary. clerk to read the motion. the discretion of the employer. It is a Yet the bill’s sponsors have denied The legislative clerk read as follows: program that only the employer can workers the ability to refuse this vol- CLOTURE MOTION offer. Second, even if the employee had untary program when the employers We the undersigned Senators, in accord- been offered comptime and, indeed, had offer it. ance with the provisions of Rule XXII of the already worked an hour of overtime, S. 4 proposes to eliminate a very Standing Rules of the Senate, do hereby there is no guarantee that she will re- clear standard; namely, that employees move to bring to a close debate on the com- mittee amendment to calendar No. 32, S. 4, ceive the time off that she needs. The who work more than 40 hours in a week the Family Friendly Workplace Act of 1997. Republican bill nebulously allows an are entitled to premium wages for Trent Lott, John Ashcroft, Susan M. Col- employee to take time off within a rea- those extra hours. In its place, the so- lins, Kay Bailey Hutchison, Mike sonable period after making the re- called Family Friendly Workplace Act May 13, 1997 CONGRESSIONAL RECORD — SENATE S4351 leaves workers with a nebulous frame- hourly compensation and are thus clas- grievance systems, which assure them work. Most of S. 4’s provisions are sified as hourly wage employees. These that any disagreements with their em- aimed at hourly employees who depend are our most economically vulnerable ployer will receive equitable redress. upon their overtime pay. Eight million citizens. Public employees need not worry about overtime workers will hold down two A recent article in the Wall Street the bankruptcy of their employer. The jobs in an effort to make financial ends Journal points out that more and more list goes on. Public employees have the meet and are the most likely targets of progressive employees are implement- power to ensure that flexibility works this legislation. More than 80 percent ing, under current law, flexible work- for them. If the sponsors of this legisla- of these individuals make less than place schedules for both hourly and sal- tion had been willing to provide any of $28,000 a year. For these people, over- aried employees. Indeed, as the article these types of protections to those im- time pay can represent as much as 15 points out, one such company, Chev- pacted by this bill, I think their argu- percent of their wages. These workers ron, has implemented a flexibility op- ment would have some merit. Unfortu- already face precarious financial situa- tion which would allow an employee to nately, my colleagues have been un- tions. The reality is that they cannot work four 10-hour days and have the willing to incorporate any significant risk their job by challenging their em- fifth day off to tend the family. Again, worker protections into their bill. ployer’s application of comptime or re- these options are provided under cur- Mr. President, I believe that this bill alistic demanding wages rather than rent law. has been offered in good faith. Many comptime or flextime. Without clear Now, I compliment these progressive employers would implement this legis- rules, these workers will be left with- companies for their policies. But I also lation equitably. However, some em- out redress and left extremely vulner- believe that the Wall Street Journal ployers would not. And, sadly, large able. article points out the reality of some of sectors of employers do not follow even Would most employers implement the fears that are being expressed the current rules. comptime in an equitable manner? I today on the floor. Businesses are ap- Unfortunately, portions of this legis- am sure many would. However, S. 4 propriately concerned, first and fore- lation have been hijacked by those gives managers the authority to effec- most, with their bottom line. As one same interests who opposed an increase tively eliminate all overtime pay, and corporate manager was quoted in the in the minimum wage, the implemen- truth be told, there are significant Wall Street Journal article, ‘‘You have tation of the Family and Medical numbers of employers who already to look at [the work-friendly arrange- Leave Act, and who now impose the abuse the current system. Indeed, last ments] as a business strategy, rather implementation of employee-oriented year, the Department of Labor awarded than an accommodation’’ because the flexible work schedules. This well-in- $100 million in overtime pay which was accommodation doesn’t get to the bot- tentioned idea now contains large loop- wrongly denied by employers. Labor tom line. Employers will move toward holes by which some employers could examiners report that half the garment plans that make economic sense to dramatically reduce the pay of employ- industry now fails to pay the minimum them. Yet, S. 4 provides all the wrong ees. wage. This bill would only protect incentives. It potentially discriminates Mr. President, I hope these problems those who currently violate the law. against workers who request pay in- can be addressed so we can provide to- We should simply exempt these trou- stead of time off, as well as being in- day’s workers stretched thin by de- bled industries from comptime legisla- flexible in granting workers’ requests mands of work and family, the power tion. Yet this was another suggestion for time off. with which to make use of flexible rejected by the sponsors of S. 4. The PRESIDING OFFICER. The hour work schedules. I hope we can work to Many Democrats, including myself, of 12:30 has arrived. amend this so that it would reflect a would be interested in crafting legisla- Mr. DEWINE. Will the Senator yield? bill that is balanced between the needs tion which ensures flexibility while Mr. REED. Yes. for employees and time with their fam- guaranteeing protections to ensure em- Mr. DEWINE. How much longer ilies and giving them the opportunities ployee choice—true employee choice. would the Senator like to go so that we to make the choices so that they can Last year, President Clinton suggested can get a unanimous-consent for him effect the policies for their families legislation addressing many of these to finish? and improve the quality and climate of goals. My colleagues should make no Mr. REED. Approximately 2 minutes. the workplace. I hope that we all can mistake, there are solutions to the Mr. DEWINE. Mr. President, I ask work toward that end. growing time demands on working fam- unanimous consent that the time be I thank the Chair and yield back my ilies such as the extremely successful extended for the recess by an addi- time. Family and Medical Leave Act. tional 20 minutes. That would enable, I Mr. ENZI addressed the Chair. The Family and Medical Leave Act think, the Senators who are now on the The PRESIDING OFFICER. The Sen- guarantees employees the right to take floor to make their statements. I ask ator from Wyoming. 12 weeks of unpaid leave for certain unanimous consent that we extend our Mr. ENZI. Mr. President, I rise today family emergencies. Since being en- time until 12:50. not only as a proud original cosponsor acted in 1993, the Family and Medical The PRESIDING OFFICER. Without of S. 4, the Family Friendly Workplace Leave Act has been embraced by the objection, it is so ordered. Act, but also as a parent of three won- vast majority of employers and em- Mr. REED. Mr. President, I would derful children. I am a working parent ployees who have been governed by its like to take one moment on a point of three wonderful children. Many of regulations. Employers have found that has been addressed periodically my colleagues know from personal ex- that it has only incrementally in- throughout the course of the debate. perience that being a parent is tough creased the benefits, hiring, and admin- First is the argument that this legisla- work—even for Senators. istrative costs they face. The law read- tion simply gives to private sector em- I come to the floor today to speak as ily defines eligibility and lengths of ployees the same benefits enjoyed by an advocate for more family time. My benefits. The Family and Medical public employees. Public employees do family is my lifeblood. They were by Leave Act administration costs have have certain flexibilities, but they also my side long before I became a Sen- been low, if nonexistent, and its bene- have a great deal more protection than ator, and they will be by my side long fits extraordinary. Comptime, properly typical hourly wage earners. When we after I leave this job. If I had to make structured comptime, legislation pro- tried to provide some of these addi- a choice between politics and tecting the workers, particularly the tional protections to the private sector parenting, my duties as a father would most vulnerable workers, could provide at the committee level that are en- receive my vote. the same types of benefits. joyed by public sector workers, they Having said that, I think it is impor- Now, proponents of this bill claim were rejected. tant that my colleagues keep in mind that this legislation provides flexibil- Public employees can only be fired that there are millions of working ity to needy families. We should be for cause, unlike most private sector American parents in their States who clear. The bill will impact the 50 per- employees, who have at-will contracts. confront far greater difficulties manag- cent of American workers who receive Most public sector employees have ing work and families than we do. As a S4352 CONGRESSIONAL RECORD — SENATE May 13, 1997 Senator, I have flexibility to spend you, that isn’t even close. Small busi- customers, then you don’t have a busi- time with my family. But what about nesses have 1 to 5 employees. These are ness. I have to tell you, in small busi- the millions of working parents that small businesses where the guy that ness, the employee understands that. want paid time off with their kids? owns the business sweeps the front He is more sensitive to the business They can’t have it because they remain walk, cleans the toilet, and waits on than anybody in the big businesses, tethered to a 60-year-old act that pre- customers. That is a focus that we and he knows that it is his job that vents them from crossing that bridge have to get in this United States. We goes. So he is interested in having a to the 21st century. have to think about those small busi- flexible work situation that we are try- This is a different world from 60 nesses and the flexibility they need, in- ing to provide with this bill and that it years ago. In 1938, only 2 out of 12 stead of overburdening with continuous does provide with this bill, without mothers worked. Now, 9 out of 12 moth- regulations and tough forms to fill out putting anybody out of business and ers work. We have had so much Gov- for taxes. Eighty percent of the Amer- taking away all three to five of those ernment help that two parents in a ican work force works in those small jobs. family have to work. One works to pay businesses—90 percent in my State. I have heard some things against the the bills; the other one works to pay Now, they used to have flextime. Family Friendly Workplace Act be- the taxes. We have to reverse that Why don’t they now? They can’t afford sides the ones mentioned on the floor. trend. Until we do, we have to find to litigate. We have become a Nation of Employees have talked to me and say, ways that they can keep the family to- victims. If something doesn’t go just ‘‘How come there are limits in this bill gether and have time to spend with exactly the way we want it to work, we on how many hours I can collect?’’ their families. complain about it, try and figure out They would like to work extra so they S. 4 would amend the Fair Labor how we have been a victim, and we try could have the biggest anniversary Standards Act of 1938—not eliminate it to figure out how to make somebody party you could ever imagine. They from the pages of history, as the oppo- pay for it. When it gets into a conten- may have a son graduating from col- nents of this bill would like us to be- tious situation like that, some of the lege and they want some extended time lieve. This vital piece of legislation things not provided for in law have to together, probably their last time to- would provide American working par- be watched very carefully. That is why gether. They may want to build up ents with flexible work schedules and there isn’t as much flextime now as some hours for that. In this bill, there increase their choices and options for there used to be. I went to a small busi- are limitations on that. So they are their time at work and quality time ness hearing in Casper, and when it was going to have to pick one or the other, with their families, even if they don’t over, the news media said, ‘‘You only or maybe neither. I hear the employer work for the Federal Government. En- had 75 people here at a time. Why were saying, well, by golly, this puts us in a suring that such opportunities are pro- there not more here?’’ They are kind of bit of a bind, because if there is enough vided for working parents can only prohibited from coming to daytime work force around here now, and they serve to strengthen our American fami- hearings, because if they had an extra have enough flexibility on where they lies. person to be able to attend the hearing, go to work. If my competitor offers I do recognize that there are changes they would fire them because it would this flex, then I am going to have to in this Nation’s work force that have be too much overhead. offer the flex. So it isn’t a perfect bill been made over the past 60 years. That is the kind of perspective we for anybody. But it is a perfect bill for There has been this influx of women have to look at. Those are the people most and it will provide solutions in into our Nation’s work force. Accord- this seeks to work with. It seeks to the work force. ing to the Bureau of Labor statistics, give people working in the small busi- Four years ago, the President signed 63 percent of mother and father house- nesses some flexibility so they can do the Family and Medical Leave Act into holds now see both parents working the things they need to, without being law. While well intended, the Federal outside the home. Moreover, 76 percent overburdened by the problems that are Government took 13 pages and made it of mothers with school-age children provided in the Family and Medical into 300 pages, instead of targeting em- now work. Leave Act. That excludes businesses ployees with choices and options, and Americans want flexibility. This under 50, and there is a good reason for overburdened everybody with a bunch month’s Money magazine shows that 64 it. If they have employees with less of paperwork. It is making a difference, percent of the American public and 68 than 50, they have problems filling out but it is unpaid time, without any op- percent of women would prefer time off just the paperwork for that bill with tion in the private sector to change to overtime pay—if they had a choice. 300 pages of regulation. This is a 45- that around so it is paid time. I predict that these percentages will page bill. I can picture small business- One of the things that came up in the continue to increase. I urge my col- men trying to handle what we may committee was a request or suggestion leagues to invest now, while it is still force on them with this many pages of that people could take their time, time a meager 68 percent. That number will legislation. As for the Ebenezer and a half, take the money, and when continue to rise and the payoff will be Scrooges and Simon Legrees, they are they had an emergency or just wanted big for our Nation’s workers—not just probably out there; 2 percent of the to see a ball game, they could just pay in paid time off from work, but paid businessmen probably fall into that for it. That isn’t how America works. time off with family—a true invest- category. We have to quit writing laws When you get that money, you spend ment in America’s future. to take care of the 2 percent in this it. Particularly with working mothers, Wage payers are not the heartless country and write laws that take care if they get the paycheck, they say this and cruel reincarnations of Ebenezer of the 98 percent, the good employers paycheck is now my family’s and it has Scrooge and Simon Legree, like we that want to work together, that want to go for the bills. But they can bank keep hearing on the floor here. Having to keep their business going. That is a hours; the hours are theirs. The hours played the wage payer role for more focus we lost in this discussion. are theirs to spend the way they want than 26 years, I take great offense Part of the reason for this flextime is to. It is a way to bank it. Then if they when employers are characterized as so that the business can still function. run into that family emergency where being the bad guys in this thing. I have They say, why isn’t there a provision the refrigerator breaks down, they can been a small businessman, and my wife in here that absolutely guarantees the make that trade and take the money. and I had shoe stores, small shoe employee to take off any time that he This bill says you can take the cash if stores, family shoe stores. We em- wants to? If you only have three people you want to. You can bank the hours, ployed, in each store, three to five peo- and the other two who don’t have an and you can take cash. ple. It gives you a different perspective investment in the business insist they It is a much easier situation than on the world and on flexibility. Back are going to leave tomorrow morning, trying to meet all of the Federal guide- here, I have been in partisan discus- you don’t have enough help to take lines on everything else that we have. sions where we have talked about care of the customers. If you do that a I have to tell you one of the reasons I whether small businesses have 500 em- few days in a row, you don’t have any- am in on this bill. When I was in my ployees or 125 employees. I have to tell more customers. If you don’t have the campaign, I was in Cheyenne, WY, a May 13, 1997 CONGRESSIONAL RECORD — SENATE S4353 company down there does first-day The PRESIDING OFFICER (Mr. certain industries—questioning the stamp covers; it’s one of the biggest ENZI). Without objection, it is so or- ability of some workers to use and ben- ones in the world. If you want a first- dered. efit from the flexible work options pro- day cover on any stamp, there is a Mr. DEWINE. I thank the Chair. vided by S. 4. To address this concern, place in Cheyenne—not just for the Mr. President, as has been pointed Senator WELLSTONE offered an amend- ones that are going to happen, but for out by my colleague, Senator ment in markup which would have ex- the ones that already happened. It’s WELLSTONE, we had the opportunity to empted part-time, seasonal, temporary, one of the greatest museums of stamps. have hearings. We had the opportunity and garment-industry workers from When the Federal Government passed to thoroughly discuss this bill in not the comptime provisions of the bill. this law that said that employees can only the subcommittee but the com- Even though we found Senator have flextime and comptime in the mittee. We listened to the criticism. WELLSTONE’s concerns legitimate, the Federal Government, the same propos- We listened to the constructive com- majority of the Committee disagreed als we are talking about here, some of ments that were made. I believe that with the proposed solution—the exemp- the people working for that company the committee substitute that has been tion of whole industries and classes of were married to Federal employees. brought forward today addresses the le- workers as well as giving the Secretary Now, the ones working for the Federal gitimate concerns that were, in fact, of Labor broad authority to determine Government could do that kind of raised by many of our colleagues on the eligibility of other industries. time. The ones working for the private the other side of the aisle. I think this We believe that workers should be business could not. So they got the em- committee substitute is a fine work protected from potentially abusive sit- ployees together and said let’s offer product. I am pleased to be able to dis- uations and that employees and em- this opportunity, and they took it to cuss today some of the details. ployers that enter into any agreements management and management said, First, the collective bargaining proc- have a stable relationship. However, we ‘‘why not?’’ They offered it to the em- ess. believe that it would be unfair to ex- ployees. Then they got in trouble be- When we drafted this bill, we wanted empt whole industries and classes of cause it is only a Federal law. I ask to give nonunion employees the ability workers—eliminating even the possi- you, how fair is Government if two peo- to select flexible work options through bility of participating in a flexible work option, even if they have worked ple in the same family don’t have the individualized agreements with their with the same employer for many same advantages and the one that gets employers—and to give union members the ability to select these options col- years. all the advantages is the one working The solution provided by the com- for the Federal Government? Busi- lectively. We wanted all unionized em- ployees to use the collective bargain- mittee substitute states that before an nesses are not Ebenezer Scrooges or employee is eligible for a flexible work Simon Legrees. They are the ones who ing process to select these options. During the markup, however, it was option, or before an employer can offer want it to work for the employees. a flexible work option, the employee They have worked on this for 19 years pointed out by Senator KENNEDY that the bill actually limited the scope of must work for the employer for 12 now, and they are overjoyed that we months and 1,250 hours within 1 year— are considering this at this moment. coverage to unions who are recognized representatives of the employees under ensuring that a stable relationship ex- They sent somebody back at their ex- ists between the employer and the em- pense to testify on behalf of the em- section 9(a) of the National Labor Rela- tions Act [NLRA]. It’s true that a great ployee. ployee to get this kind of flex in the This solution may sound familiar. many unions are recognized under sec- schedule. That’s because it’s the same basic re- tion 9(a)—but that provision does not, I ask you, are those people working quirement that exists under the Fam- in fact, cover all union members. for Unicover crazy? No, they want flex- ily and Medical Leave Act. time in their schedule. Private sector Under the committee substitute be- This requirement effectively creates fore us today, all employees who are employees know that the Federal em- the exception Senator WELLSTONE sug- ployees have this flexibility. members of unions will obtain their gested. Employees whose duration is I urge my colleagues to join me in flexible work options through the col- too short-lived or tenuous to take ad- giving the employees the opportunity lective bargaining process. The new vantage of S. 4’s options are excluded. to balance their work and family obli- language says, and I quote, ‘‘where a However, employees who are not so sit- gations. This bill is just common sense. valid collective bargaining agreement uated have an opportunity to develop a We can put all kinds of smoke screens exists between an employee and a labor stable trusting relationship with their behind it. We can make it look like it organization that has been certified or employer. is just for big business. recognized as the representative of the In addition to satisfying Senator But, please, on behalf of the small employees of employer under applica- WELLSTONE’s concerns, this change will businesses of this country, on behalf of ble law,’’ end of quote, the employee allow long-term employees an oppor- the working people, particularly the may obtain flexible work options tunity to determine whether their em- working mothers of this country, let’s through collective bargaining. ployer is the type to respect the pa- give them some flexibility in their I would like to point out, Mr. Presi- rameters of S. 4’s flexible options and work schedule so that they can have dent, that notwithstanding this amend- to determine if they want to partici- better families. If we have better fami- ment, it has always been our intention pate or not. lies, we will have a better America. to ensure that employees participate in The purpose of this provision—as of And the Family Friendly Workplace S. 4’s flexible options through agree- the bill in its entirety—is to increase Act will provide that. ments with their employer. Under no the freedom and flexibility of the I yield the floor. circumstances can an employer provide workers. Mr. DEWINE addressed the Chair. flexible options to an employee with- Mr. President, let me now turn to a The PRESIDING OFFICER. The Sen- out either a written agreement from a third change we propose in the bill. We ator from Ohio is recognized. non-union employee or collective bar- propose aligning the potential damages Mr. DEWINE. Mr. President, I rise to gaining agreement on behalf of a union available for violations of S. 4’s bi- support the Family Friendly Work- employee. weekly and flexible credit hour provi- place Act once again. Senator JEF- This measure, along with the bill’s sions. Some of our colleagues appear to FORDS earlier today submitted to the anti-coercion measures, was intended believe that it’s impossible to modify Senate the committee substitute. I and designed to protect employees the Fair Labor Standards Act and still would like to take a few moments now from being forced to participate in any provide adequate protection to working to explain the terms of that substitute of the options available under S. 4. men and women. to the Senate. Today we simply strengthen that pol- If my friends believe this, they are I note the time. I, therefore, ask icy. wrong. The purpose of our bill is work- unanimous consent that our time for Senator WELLSTONE expressed con- er protection. There are severe pen- the recess be extended by an additional cerns about the tenuous and short- alties for employers who violate the 7 minutes. lived nature of certain types of jobs in workers’ rights. S4354 CONGRESSIONAL RECORD — SENATE May 13, 1997 S. 4 had strong penalties under the Thereupon, the Senate, at 12:59 p.m., out of school compared to students comptime provisions. The committee recessed until 2:15 p.m.; whereupon, the without disabilities, and that is what it substitute takes these strong penalties Senate resembled when called to order is about, to have a program that helps and extends them to violations under by the Presiding Officer [Mr. COATS]. keep students in school. the other flexible workplace options. The PRESIDING OFFICER. The Sen- S. 717 does not have as much punch Mr. President, the committee sub- ator from Wyoming. as legislation considered in the last stitute will also include an addition to Mr. THOMAS. Mr. President, I sug- Congress. Some issues about discipline the provisions for biweekly work gest the absence of a quorum. and litigation were impossible to re- schedules and flextime options. It will The PRESIDING OFFICER. The solve last year, and therefore there was require the Department of Labor to re- clerk will call the roll. no reauthorization. This bill, as I un- vise its Fair Labor Standards Act post- The legislative clerk proceeded to derstand it, represents a consensus. It ing requirements so employees are on call the roll. is a product of negotiation. No party notice of their rights and remedies Mr. JEFFORDS. Mr. President, I ask involved, as usual, received all they under the biweekly and flextime op- unanimous consent that the order for had hoped for, but nevertheless it is a tions as well as the comptime option. the quorum call be rescinded. fair approach. It is a step in the right Let me now discuss the salary basis The PRESIDING OFFICER. Without direction. This bill has had a very long provision. Under the FLSA’s salary objection, it is so ordered. journey. We owe it to our local school basis standard, an employee is said to f districts to pass this reauthorization be paid on a salary basis—and thus ex- legislation that has been stymied for INDIVIDUALS WITH DISABILITIES empt from the FLSA overtime require- several years. EDUCATION ACT AMENDMENTS ments—if he or she regularly receives a Education is clearly an issue that is OF 1997 straight salary rather than hourly pay. on the minds of all of us. It is on the These individuals are usually profes- Mr. JEFFORDS. Mr. President, I call minds of Wyomingites. There is a great sionals or executives. Furthermore, the for the regular order with respect to S. deal of uncertainty regarding the fu- FLSA regulations state that an exempt 717. ture and shape of secondary and ele- employee’s salary is not subject to an The PRESIDING OFFICER. The mentary schools in Wyoming. State improper reduction. clerk will report. legislators currently are scrambling to For years this subject to language The legislative clerk read as follows: provide a solution to a Supreme Court was noncontroversial. Recently, how- A bill (S. 717) to amend the Individuals ruling that funding and opportunities ever, some courts have reinterpreted With Disabilities Education Act, to reau- must be allocated more uniformly and this language to mean that even the thorize and make improvements to that act, fairly across districts in Wyoming. I possibility of an employee’s salary and for other purposes. am hopeful that Congress can pass this being improperly docked can be enough The Senate resumed consideration of IDEA legislation and eliminate at least to destroy the employee’s exemption, the bill. one of the sources of uncertainty for even if that employee has never person- Mr. JEFFORDS. Mr. President, I educators and, more particularly, for ally experienced a deduction. Seizing make a point of order that a quorum is parents in my State. upon this reinterpretation, large not present. Since its original passage in 1975, it groups of employees, many of whom The PRESIDING OFFICER. The has become clear that there are im- are highly compensated, have won mul- clerk will call the roll. provements that are necessary to timillion-dollar judgments in back The legislative clerk proceeded to IDEA. Wyoming teachers and adminis- overtime pay—even though many of call the roll. trators have contacted me expressing them never actually experienced a pay Mr. THOMAS. Mr. President, I ask concern about the endless paper trail. I deduction of any kind. This problem is unanimous consent that the order for hear that every night, as a matter of especially rife in the public sector. the quorum call be rescinded. fact, at home; as I mentioned, my wife Mr. President, this legislation would The PRESIDING OFFICER. Without teaches special kids and spends, unfor- not affect the outcome in cases where a objection, it is so ordered. tunately, as much time in paperwork salary has in fact been improperly Mr. THOMAS. Mr. President, I would as she does with kids. That is too bad. docked. If an employer docks the pay like to take just a couple of minutes to They complain the current law is un- of a salaried employee because the em- rise in support of the Individuals With clear and places too much emphasis on ployee is absent for part of a day or a Disabilities Education Act. I have a paperwork and process rather than ac- week, the employee could still lose his particular interest in this bill in that I tually working hands-on with children. or her exempt status. have been involved for a very long time The bill we have before us today at- The purpose of S. 4, in this regard, is with disabilities, chairman of the dis- tempts to reduce paperwork associated to make clear that the employee will abilities council in Wyoming, my wife with the individualized educational not lose his or her exempt status just teaching special kids, and so I wanted plan. Teachers and administrators also because he or she is subject to—or not to comment very briefly. write to me, and I am sure to my fellow actually experiencing—an improper re- I rise in support of the current bill to Senators, to ask for strengthening of duction in pay. reauthorize IDEA, the Individuals With the discipline and school safety provi- Mr. President, we’re making progress Disabilities Education Act. The Fed- sions of the law. They want power to on this legislation—a bill that would eral Government, in my view, should take steps necessary to assure that help give American workers the flexi- and does play a rather limited role in schools are safe for all children. S. 717 bility they need and deserve as they elementary and secondary education. would give the power to school officials confront the challenges of a dynamic This is the responsibility generally of to remove disabled students who bring new century. communities, those of us who live weapons or drugs to school and keep This bill will strengthen America’s there. State and local control, I think, them out for as long as 45 days pending families, by allowing millions of hourly is the strength of our educational sys- a final decision. This will give edu- workers to balance family and work. tem, and yet I believe strongly that cators a clearer understanding of how Let’s move forward in a bipartisan way this is an appropriate Federal respon- they are able to exercise discipline to get it passed. sibility. This is dealing with that kind with disabled children, as they should Mr. President, I yield the floor. of a special problem which exists in all be able to. f places to ensure that every child has IDEA has also proved to be a highly the opportunity to be the best that he litigated area of law. This bill will re- RECESS or she can be. quire that mediation be made available The PRESIDING OFFICER. Under IDEA helps local schools meet their in all States as an alternative to the the previous order, the hour of 12:30 constitutional responsibilities to edu- more expensive court hearings. Medi- p.m. having arrived, the Senate will cate everyone, and that is what we ation has been shown effective in re- now stand in recess until the hour of want to do. Today nearly twice as solving most of these kinds of disputes. 2:15 p.m. many students with disabilities drop Meeting with the mediator will help May 13, 1997 CONGRESSIONAL RECORD — SENATE S4355 school professionals and parents reach On page 94, line 24, strike ‘‘Federal or The PRESIDING OFFICER. Without agreements more quickly. State Supreme court’’ and insert ‘‘Federal objection, it is so ordered. In summary, S. 717 will help cut court or a State’s highest court’’. Mr. JEFFORDS. And I add to that down on the overregulatory nature of On page 102, strike line 3 and insert the fol- unanimous consent that no second-de- lowing: IDEA. It will allow parents and edu- ‘‘(i) Notwithstanding clauses (ii) and gree amendments shall be considered cators to work out differences by using On page 140, line 15, strike ‘‘team’’ and in- in order. noncontroversial and nonadversarial sert ‘‘Team’’. The PRESIDING OFFICER. Without methods. It will go a long way toward On page 140, line 22, strike ‘‘team’’ and in- objection, it is so ordered. allowing all children to learn free from sert ‘‘Team’’. Mr. JEFFORDS. Mr. President, I danger and serious disruption. And, On page 177, line 8, strike ‘‘661’’ and insert yield the floor. ‘‘661,’’. AMENDMENT NO. 243 therefore, Mr. President, I urge that On page 196, line 18, strike ‘‘allocations’’ this bill be passed, that we make more and insert ‘‘allotments’’. (Purpose: To permit State educational agen- certain the opportunities for disabled On page 201, line 22, insert ‘‘with disabil- cies and local educational agencies to es- children in schools throughout the ities’’ after ‘‘toddlers’’. tablish uniform disciplinary policies) country. On page 203, line 23, insert ‘‘, consistent Mr. GORTON addressed the Chair. I yield the floor. with State law,’’ after ‘‘(a)(9)’’. The PRESIDING OFFICER. The Sen- Mr. JEFFORDS. Mr. President, I On page 208, line 22, strike ‘‘636(a)(10)’’ and ator from Washington. insert ‘‘635(a)(10)’’. make a point of order that a quorum is Mr. GORTON. Mr. President, I ask On page 216, line 6, strike ‘‘the child’’ and unanimous consent that the pending not present. insert ‘‘the infant or toddler’’. The PRESIDING OFFICER. The On page 216, line 7, strike ‘‘the child’’ and amendment be laid aside and that the clerk will call the roll. insert ‘‘the infant or toddler’’. clerk report the amendment which I The legislative clerk proceeded to On page 221, line 5, strike ‘‘A’’ and insert send to the desk. call the roll. ‘‘At least one’’. The PRESIDING OFFICER. Without Mr. JEFFORDS. Mr. President, I ask On page 221, line 8, strike ‘‘A’’ and insert objection, the amendment will be laid ‘‘At least one’’. unanimous consent that the order for aside. The clerk will report. On page 226, line 4, strike ‘‘paragraph’’ and The legislative clerk read as follows: the quorum call be rescinded. insert ‘‘subsection’’. The Senator from Washington [Mr. The PRESIDING OFFICER. Without On page 226, line 7, strike ‘‘allocated’’ and GORTON] for himself and Mr. SMITH of New objection, it is so ordered. insert ‘‘distributed’’. Hampshire, proposes an amendment num- AMENDMENT NO. 242 On page 229, line 20, strike ‘‘allocations’’ and insert ‘‘allotments’’. bered 243: On page 169, between lines 11 and 12, insert (Purpose: To make technical amendments) On page 229, lined 24 and 25, strike ‘‘alloca- the following: Mr. JEFFORDS. Mr. President, I tions’’ and insert ‘‘allotments’’. ‘‘(10) UNIFORM DISCIPLINARY POLICIES.—Not- send an amendment to the desk and On page 231, strike line 17, and insert the withstanding any other provision of this Act, following: ask for its immediate consideration. each State educational agency or local edu- ferred to as the ‘‘Council’’) and the chair- The PRESIDING OFFICER. The cational agency may establish and imple- Chair will advise the Senator from Ver- person of On page 260, line 4, strike ‘‘who’’ and insert ment uniform policies with respect to dis- mont there is a pending amendment. ‘‘that’’. cipline and order applicable to all children Mr. JEFFORDS. I ask unanimous On page 267, line 15, insert ‘‘paragraph’’ be- within its jurisdiction to ensure the safety consent the pending amendment be laid fore ‘‘(1)’’. and appropriate educational atmosphere in aside. On page 326, between lines 11 and 12, insert its schools. The PRESIDING OFFICER. Is there the following: On page 169, line 12, strike ‘‘(10)’’ and insert ‘‘(11)’’. objection? Without objection, it is so ‘‘(D) SECTIONS 611 AND 619.—Section 611 and ordered. 619, as amended by Title I, shall take effect Mr. GORTON. Mr. President, as you Mr. JEFFORDS. I offer the amend- beginning with funds appropriated for fiscal know, it is the custom in the Senate to year 1998. ment. ask unanimous consent that the read- The PRESIDING OFFICER. The Mr. JEFFORDS. Mr. President, this ing of the amendment be dispensed clerk will report. amendment is purely to make some with. I did not ask for that unanimous The legislative clerk read as follows: technical corrections in some mis- consent this afternoon because I want- spelled words and a little bad grammar, ed to demonstrate that the amendment The Senator from Vermont [Mr. JEFFORDS] proposes an amendment numbered 242. which we would hardly like to have on before us is exactly 7 lines long, to be an education bill. This was passed by added to a bill which is 327 pages long— Mr. JEFFORDS. Mr. President, I ask the House this morning and is made 327 pages of detailed requirements im- unanimous consent that reading of the part of the House bill. I know of no posed on each and every school district amendment be dispensed with. problems with it from either side and in the United States of America from The PRESIDING OFFICER. Without ask unanimous consent that it be con- New York City to Los Angeles to one of objection, it is so ordered. sidered as adopted. my own, Harrington, WA, a small The amendment is as follows: The PRESIDING OFFICER. Is there school district in a rural farm area. On page 3, strike the item relating to sec- objection? Without objection, it is so I will recap only briefly the remarks tion 641 of the Individuals with Disabilities ordered. that I made yesterday relating to this Education Act and insert the following: The amendment (No. 242) was agreed entire bill, and then I will attempt to ‘‘Sec. 641. State Interagency Coordinating to. fit this amendment into some of the Council. Mr. JEFFORDS. Mr. President, I now objections, perhaps the single most im- On page 3, strike the item relating to sec- will be going forward with the bill. portant objection that I have to the tion 644 of the Individuals with Disabilities Education Act and insert the following: There will be two amendments to be of- bill that is before us. fered, one by Senator GORTON and the As was the case yesterday, I must ‘‘Sec. 644. Federal Interagency Coordinating start by saying that we are not operat- Council. other by Senator SMITH of New Hamp- shire. They have agreed to a time limi- ing here today on a clean slate. An In- On page 19, line 19, strike ‘‘Alaskan’’ and insert ‘‘Alaska’’. tation. I do not know whether it has dividuals With Disabilities Education On page 26, line 4, strike ‘‘are’’ and insert been shared with the minority or not. Act has been a part of the law of the ‘‘is’’. Under the agreement, there would be 2 United States for the last couple of On page 26, line 12, strike ‘‘are’’ and insert hours equally divided between Senator decades. This revises and reauthorizes ‘‘is’’. GORTON and myself, which I will share that proposal. On the narrow question On page 26, line 15, strike ‘‘include’’ and in- with Senator HARKIN. of whether or not this bill is somewhat sert ‘‘includes’’. I ask unanimous consent that with easier for school districts to administer On page 35, line 5, strike ‘‘identify’’ and in- respect to the amendment offered by and grants them somewhat more au- sert ‘‘the identity of’’. On page 55, line 17, strike ‘‘ages’’ and insert Senator GORTON, there be 2 hours for thority than they have at the present ‘‘aged’’. debate equally divided between Sen- time, the answer can only be in the af- On page 55, line 19, insert ‘‘the’’ before ator GORTON and myself, and I will firmative. If our only choice was be- ‘‘Bureau’’. share with Senator HARKIN. tween a continuation of the current S4356 CONGRESSIONAL RECORD — SENATE May 13, 1997 law and the adoption of this bill, I amount of litigation of any of the stat- tains the authority to act on behalf of would have to confess that this bill utes of the United States. Why? Be- the majority of its students with re- would be superior. Nevertheless, it re- cause of its immense complexity. spect to classroom atmosphere and en- tains all of the profound policy and bal- So, fundamentally, it is wrong that vironment so a learning environment ancing of power objections that are ap- we should be debating a bill like this, conducive to the learning of all can be plicable to the current law to such ex- or its predecessor, because we are not enforced. tent that the relatively modest im- willing to pay for the consequences of If, however, a student is disabled or provements in this bill simply do not our own actions. We make the rules. contrives to get a finding of disability, make it an appropriate law to be We do not pay the bills. That is the all of those rules go out of the window. passed by the Congress of the United first objection to the bill, and I must Discipline is severely limited. The States and imposed on every school au- confess the amendment I have just in- right of ultimate and complete expul- thority and on every student and on troduced does nothing about that un- sion is wiped out entirely, and an every teacher of the United States. So funded mandate whatsoever. elaborate set of requirements that take it is with deep regret, and in spite of The second objection has to do with up many of the 327 pages of this bill are the view that the education of the dis- the highly valid but nevertheless ex- substituted, including legal proceed- abled is an important priority, that tremely narrow focus of the bill. The ings in which attorney’s fees can be im- some aid and assistance, at least, of theory of the bill, the philosophy of the posed against the school district but the Federal Government to that end is bill, is to guarantee a free public edu- not against a parent, even if the parent an important priority, that I present cation to all disabled students or po- loses that litigation. And, inevitably, this amendment and oppose the bill as tential students of a grade-school or this double standard communicates it- a whole. high-school age. The focus is narrow self to the students, to the subjects of It seems to me that fundamentally because the bill allows school districts, our education system. the objections to the bill fall into two in providing this education, to focus on Again, Mr. President, I would like to quite separate categories. The first and nothing else. With respect to the bill share with you a comment from the su- the easiest to understand is that this and its mandates, no other interests perintendent of the Edmonds School bill, as is the case with the current are even relevant. The costs of provid- District in the State of Washington. IDEA statute, imposes a huge unfunded ing the education are not relevant. The Edmonds is a relatively prosperous, mandate on all of the school systems of individual education plan can be lit- relatively large Seattle suburban the United States. We are told, I be- erally unlimited in the cost for an indi- school district. Brian Benzel, its super- lieve by the Congressional Budget Of- vidual student—costs which obviously intendent, writes: fice, that the costs imposed on the come out of the same pool of money Our major frustration is that we continue school districts of the United States which educates every other student to have high expectations for programs next year, 1998, in that 1 year alone, and thus deprives each and every other thrust on us by the regulations with very lit- will be $35 billion. That number is student of what that money could fur- tle resources to achieve those expectations. greater than the sum of all of the dis- nish. The safety of the schoolroom or The result is that good people do not un- cretionary appropriations for edu- the school grounds is not a relevant derstand why we do some of the things we do because they defy common sense. When we cation from kindergarten through high consideration, with the narrowest of school passed by this Congress. As try to explain the regulations and the re- limitations, slightly broadened by this quirements, we all come away as losers and against that $35 billion mandate, we bill over current law. The classroom the public support necessary for the public will appropriate somewhere between $3 environment for all of the other stu- schools is undermined. and $4 billion to the States and the dents is not relevant in the decisions We have had several incidents with guns school districts when we have finished that are made under this bill. and dangerous knives. We have a strong pol- our work for the year. For the current So, whatever the impact on all of the icy and clearly set an expectation that pos- year, the figure is just over $3 billion. other students, the school district sim- session of these items will result in expul- sion. At same time, we often get into time- So, perhaps for every $10 of costs and ply may not consider them. Only the expenses we impose on our school dis- consuming and expensive due process hear- beneficiaries of the bill and their per- ings where our principals are the focus of tricts, we will reimburse our schools $1. ceived welfare, by their parents or by concern rather than the student’s behavior. It is difficult for me to imagine any an administrative officer or by a court, We all begin to think we’re attorneys rather Member of the U.S. Senate standing up may be considered. than educators. on this floor supporting this bill if that One parent in the State of Washing- Another letter from the superintend- Senator had to persuade the Congress ton wrote to me on this subject and ent of the Othello School District, a to appropriate $35 billion to enforce it. made the following statement: rural school district: Given the nature of our budget chal- I recently asked my school district attor- Already this morning I have received two lenges, given our bipartisan desire for a ney what rights I had as a parent when the phone calls from principals asking for advice balanced budget, given the agreement education program of my child was inter- regarding disciplining disabled students. One between the President of the United rupted by the behaviorally disabled due to student is in possession of a knife for the States and the leadership of the Con- legal decisions. His response was, you have second time this year, and another middle gress on the budget for this year, we no rights. school student has threatened to kill an- would not be able to find that $35 bil- ‘‘You have no rights.’’ other student. Each time the principal is lion without repealing all of the other Yesterday, I shared with my col- faced with one of these situations, s/he aid to K–12 education bills and a num- leagues a letter from a parent in Cali- should not have to worry about negative fornia who responded, as I suspect consequences for trying to provide a safe en- ber of our higher education expendi- vironment for all of their staff and students. tures as well. thousands of others have responded, to . . . please don’t tie the hands of the adminis- So, what Congress is doing in this this frustrating decision by taking her trators that are trying so hard to provide a bill, just as it has done for the last 20 child out of the school system entirely. safe learning environment for all of their years, is saying to each school district: She was required to find privately fi- students. We know what is best for you. We are nanced education for just such a stu- This is a field which has made mod- going to tell you what you have to do. dent. In this connection, the fundamen- est progress, but it is very modest. Ex- But we are not going to pay for it. This tal flaw in this law, as in its prede- pulsion, as one of the superintendents is, I am informed, the largest unfunded cessor, is the double standard it sets spoke about, still is not an alternative. mandate we impose in the U.S. Con- both for disciplinary proceedings and And so, Mr. President, the amendment gress except for some of our environ- for classroom environment. Every that I have sent to the desk, and I wish mental mandates that are spread out school district in the United States re- to read it just once again, in its en- over the private sector as well as over tains all of the powers that it had pre- tirety it reads: the public sector. It is, we are told by viously to discipline students for what Notwithstanding any other provision of the Advisory Council on Intergovern- in a different context would be crimi- this Act, each State educational agency or mental Relations, the piece of legisla- nal offenses—weapons, drugs, assaults local educational agency may establish and tion that creates the fourth greatest and the like. Every school district re- implement uniform policies with respect to May 13, 1997 CONGRESSIONAL RECORD — SENATE S4357 discipline and order applicable to all chil- tried to present this amendment in the vides only a relatively small amount, dren within its jurisdiction to ensure the simplest possible fashion. You either some 7 percent to 8 percent. The Gregg safety and appropriate educational atmos- believe in a single standard of dis- amendment, which has already been of- phere in its schools. cipline and safety and educational at- fered, attempts to rectify our failure to No more and no less than that. No mosphere or you do not. If you believe provide the 40 percent we promised more and no less than considering in it, if you believe in the essential back in 1975, but that is another issue. maybe perhaps our local school boards, goodness and expertise of the people The Republican education bill, S. 1, our principals and our teachers know who are providing our children with delineates a path toward living up to more about running their classrooms their education, you will vote for the our promise to finance 40 percent of the and are equally concerned with all of amendment. If you disbelieve in that cost of this education. I hope we do their children as we are, we, in this ar- good faith, if you disbelieve in that ex- carry out that plan. At the same time, tificial atmosphere, setting out 327 pertise, your problems and our prob- I do not believe we should add any pages of regulations for the ordering of lems with our public schools are far amendments on that issue at this time. our public schools. Mr. President, that greater than those dealt with in this What will the Gorton amendment do? would be wrong if we paid for it, and, amendment. Free our school boards If you talk about lawsuits, if you talk as I said earlier, we are not paying for and our teachers and our administra- about lawyer’s fees, it is a bonanza. it. Most States have laws relating to tors to provide the education we de- This proposal may take care of some of the education of the disabled. Most mand of them for all of our children. the less than fully employed lawyers teachers in school districts would do Free them by adopting this amend- around the country. We have 16,000 the best job they possibly could in the ment. school districts and, under this amend- absence of regulations, even from the Mr. JEFFORDS addressed the Chair. ment, we would have 16,000 sets of State, and yet we feel in our wisdom The PRESIDING OFFICER. The Sen- rules. It will take us a long time to fig- we can set up one set of rules applica- ator from Vermont. ure out what that means—which ones ble to every school district across the Mr. JEFFORDS. Mr. President, I rise do you use and where do you go? Sen- country that ignores completely indi- in strong opposition to the amendment ate bill 717 sets specific rules for every- vidual situations taking place in indi- of the Senator from the State of Wash- body across the country, so every State vidual school rooms, each slightly dif- ington. I can understand his particular has uniformity. Therefore, I think con- ferent than the other, and that we can concern, given that the State of Wash- trary to the desire of the Senator from ignore completely the educational at- ington at one time had the highest per- Washington, his amendment will exac- mosphere in which the vast majority of centage of due process hearings that erbate the problem rather than solve our students live and work. Is it any wonder that since the pas- resulted in court cases of any State in it. Also, I would like to point out, as to sage of this act, we have a constantly the country. I would note that the the total cost, you have to consider increasing number of students who are State has taken dramatic action in the denominated disabled, when every in- last couple of years which has greatly that it is a constitutional mandate, so centive to a parent is to get such a des- reduced the amount of litigation. it is a necessary cost. It is not some- ignation, when we have a large number But first of all, let me talk about the thing which was added in order to try of so-called experts who will say that word ‘‘mandate,’’ as it is used not only and benefit some people. This is a con- the very fact that a student disrupts the Senator from Washington but also stitutional mandate. If you measure the classroom is proof of disability, so by many others. The indication is that those costs and you compare them with that the disruption cannot be effec- IDEA somehow is a Federal mandate. the savings that have occurred by vir- tively sanctioned? Back in the early seventies, there tue of providing this education, then I believe that it is inevitable that were many court cases and some 26 you will come up with a totally dif- even if we pass this slightly improved States were told that they must pro- ferent picture. law, the number, the share of those vide an appropriate education for chil- All of us have observed in our States who are denominated disabled will con- dren with disabilities. In order to pro- what has happened. Almost all the in- tinue to increase; the percentage, the vide national uniformity, a national stitutions which used to house children share of the limited dollars available consent decree was developed. The de- with disabilities, children who were not for education will continue to increase. cree provided that, if a State provides able to function in our society, have The amount of litigation and lawyer’s for a free education, then it must pro- been closed in Vermont. Even those fees, coming straight out of the edu- vide it for everyone and, with respect children who have a particularly dif- cational budget, will continue to in- to students with disabilities, it must ficult time, those who are less educa- crease. One size does not fit all, and my provide a free and appropriate edu- ble, are in private foster homes. Mil- amendment will not cure all of the cation. Part of the definition of ‘‘ap- lions and millions of dollars have been shortcomings of this bill. It will leave propriateness’’ were the words ‘‘shall saved in our State by that alone. intact the absolute requirement that a contain mainstream provisions,’’ or Second, there is the issue of the qual- free public education be provided to words to that effect. ity of life of individuals who are able to every individual, disabled or not. That It is not just an issue of court cases participate in a school system and are will not be affected. It will not solve in those States. This is a constitu- able to have functional lives and be the money problem of an unfunded tional matter—a matter of equal pro- employed. There is story after story mandate. tection. after story of young people who have It will, however, allow the reimposi- Congress responded by developing a come through the system and become tion of a single standard for discipline, bill that provided uniformity and at- an important part of society—em- classroom safety and classroom envi- tempted to provide information, guide- ployed and paying their own way. To ronment to be determined by the lines, and rules for the States as to say that the cost is so high, this school authorities most affected by how to provide an appropriate edu- amendment will do nothing but in- those standards. It will end the process cation consistent with mainstreaming. crease the cost. of student after student leaving the It is amazing that, since that bill was As I indicated earlier, I understand public schools because of the impact of written in 1975, there have been no the concern of the Senator from Wash- the bills, teachers leaving the profes- amendments to it other than the 1986 ington. In 1993, the State of Washing- sion because of the impact of those amendments which dealt with other ton had 72 hearings, 26 of which re- bills, and the fact that many of us, I matters, such as early intervention as sulted in court cases. The State of Cali- know in my own case, receive more well as attorney’s fees. I hope that sets fornia, on the other hand, had 849 hear- complaints about this aspect of the the background with respect to where ings requested—only 10 of which re- Federal program for education in the we are today. sulted in court cases. United States than we do on any other Now let me talk about the cost of The State of Washington recognized single subject. this education. Yes, it is costly. It that they had to make some changes, So, knowing in this case that the costs right around $35 billion a year, of and they did. They implemented a odds are stacked against me, I have which the Federal Government pro- process of getting people together to S4358 CONGRESSIONAL RECORD — SENATE May 13, 1997 talk these things over and find a reso- STATE DUE PROCESS HEARINGS 1991, 1992, 1993— We have gone through all that and lution, and the figures have changed Continued we worked hard all across the country. abruptly. They now have a lot of medi- We have a consensus on this very dif- ation proceedings and few, if any, court Hearings Hearings held Appeals to court ficult issue, one that has been the most State requested cases. In 1995 and 1996, there were 137 1991 1992 1993 1991 1992 1993 contentious for several years. We now mediations in the State of Washington, 1991 1992 1993 have an agreement on how to handle it. with 6 pending at the end of the year. VT ...... 12 25 22 1 9 7 0 2 2 When a child with a disability vio- VA ...... ( 1 ) 63 66 ( 1 ) 25 39 ( 1 ) ( 1 ) ( 1 ) lates school rules or codes of conduct Just about all of the cases were settled. WA ...... ( 1 ) ( 1 ) ( 1 ) 19 64 72 5 13 26 During that same period, only three WV ...... 29 34 28 4 5 8 ( 1 ) ( 1 ) ( 1 ) through possession of weapons, drugs, WI ...... 24 23 25 5 8 9 1 1 0 or demonstration of behavior that is hearings were held. WY ...... 2 3 1 2 3 1 0 0 0 In view of these improvements, I urge substantially likely to result in injury 1 No data submitted. to the child or others in the school, the the Senator from Washington to with- Note.—Responses to items 15, 16 and 18 of the Survey on Selected Fea- draw his amendment. I hope we can tures of State Due Process Procedures conducted by the National Association bill provides clear and simple guidance take a look at what could happen. If of State Directors of Special Education, 1994. about educators’ areas of discretion, this amendment passes, it would de- As shown in Table 7, states are evenly split the parents’ role, and the procedural stroy a system which has apparently in the design of their systems as one or two protections for the child. The Gorton been working very well and would put tiered. In a two-tiered system, the initial amendment would say to a town or a hearing is at a local or county level with ap- school district that they could throw us in a position where we would be peal or review available at the state (SEA) back to court in about every case. all this out and put its own in. level. One-tiered states have a single hearing Dangerous children can be removed I hope that the Senator will end this process provided by the state either directly instead of creating a problem which or through a contract arrangement. An ap- from their current educational place- would destroy all of the efforts that peal to court after exhausting administra- ment. Specific standards must be met the State of Washington has made in tive remedies is an available option for all to sustain any removal. If a behavior the last few years to get rid of the types of hearing systems. that is subject to school discipline is problems they had. Mr. JEFFORDS. Mr. President, let not a manifestation of the child’s dis- Mr. President, I ask unanimous con- me discuss the bill and what it does to ability, the child may be disciplined sent that the facts contained in ‘‘Medi- take care of these situations. Senate the same as children without disabil- ation Due Process Procedures in Spe- bill 717 provides one set of rules with ities. So, that group which has been cial Education Analysis of State Poli- discretion for school districts and pro- troublesome certainly is treated just like any other child. If parents disagree cies’’ be printed in the RECORD. tection for children. There being no objection, the mate- The Gorton amendment, if passed, with the removal of their child from rial was ordered to be printed in the will kill the bipartisan, bicameral con- his or her current educational place- sensus that this measure enjoys. We ment, they can request an expedited RECORD, as follows: simply cannot destroy all the work due process hearing. If educators be- FINDINGS: DUE PROCESS HEARINGS that has gone on throughout this coun- lieve that the removal of a child from With few exceptions, states were able to try in bringing us the bill we have his or her educational placement must provide statistics in response to survey today—we all remember what happened items that asked for numbers of hearings re- be extended, they can ask for an exten- quested, held and appealed for the years 1991, last year when we thought we had a sion in an expedited due process hear- 1992 and 1993. The data is displayed in Table consensus. Issues similar to those ing. So there is a process to make sure 6. In some states, data concerning appeals of raised by the Senator from Washington that no child who is dangerous is hearing decisions to state or federal court came up, and the whole thing fell forced on the other children in the are not provided to the department of edu- apart. We cannot let that happen classroom. cation. again. The bill allows school personnel to If the Gorton amendment were to move a child with disabilities to an in- STATE DUE PROCESS HEARINGS 1991, 1992, 1993 pass, school districts would get no re- terim, alternative educational setting lief. All the major educational organi- Hearings Hearings held Appeals to court for up to 45 days if that student has zations support S. 717, and they would State requested brought a weapon to school or a school all oppose this amendment. 1991 1992 1993 1991 1992 1993 1991 1992 1993 function or knowingly possesses or Let me lay out a rationale of how we uses illegal drugs or sells or solicits the AL ...... 27 44 53 10 10 19 1 2 2 approach the sensitive issue of han- sale of a controlled substance while at AK ...... 4 2 0 4 2 0 1 0 ( 1 ) AZ ...... ( 1 ) ( 1 ) ( 1 ) 7 5 7 ( 1 ) 1 1 dling the discipline problems. Edu- school or at a school function. AR ...... 46 15 39 6 2 13 0 1 0 cators and parents need, deserve, and— The bill gives school personnel the CA ...... 611 772 849 74 72 58 18 15 10 CO ...... 16 27 26 4 3 2 1 0 0 in fact—have asked for the codification option of requesting that a hearing of- CT ...... 227 195 278 51 56 77 8 5 8 of major Federal policy governing how ficer move a child with a disability to DE ...... 7 10 5 2 4 3 1 0 0 FL ...... 37 43 31 12 12 17 ( 1 ) ( 1 ) ( 1 ) and when a child with a disability may an interim, alternative educational GA ...... 28 48 57 10 9 24 1 0 2 be disciplined by removal from his or setting for up to 45 days if the child is HI ...... 22 23 25 6 7 6 1 1 0 ID ...... 8 2 6 1 1 2 1 0 ( 1 ) her current educational placement. substantially likely to injure them- IL ...... 466 507 393 130 133 105 ( 1 ) ( 1 ) ( 1 ) The bill takes a balanced approach to selves or others in their current place- IN ...... 82 59 62 32 19 17 0 1 3 discipline. It recognizes the need to IA ...... 32 25 28 6 5 5 0 0 1 ment. KS ...... ( 1 ) ( 1 ) 31 8 4 11 0 0 0 maintain safe schools and the same I commend the Senator from Wash- KY ...... 33 34 50 7 8 9 1 1 0 need to preserve the civil rights of chil- LA ...... 6 7 20 3 3 7 0 0 1 ington. He worked so hard last year to ME ...... 53 35 64 22 10 23 6 1 2 dren with disabilities. make us aware of the need to change MD ...... 26 40 50 16 19 46 0 7 14 This bill brings together, for the first MA ...... 379 343 458 95 111 89 6 3 2 this. We took into consideration his ad- MI ...... 42 34 33 14 14 19 1 3 1 time, in the statute the rules that vice and counsel. We came up with a MN ...... 4 19 16 4 0 3 0 0 0 apply to children with disabilities who MS ...... 2 4 23 2 4 10 ( 1 ) ( 1 ) ( 1 ) version which everybody in the coun- M0 ...... ( 1 ) ( 1 ) ( 1 ) 5 5 7 ( 1 ) ( 1 ) ( 1 ) are subject to disciplinary action and try has agreed to. Why does he now MT ...... 6 4 10 1 2 3 1 2 0 clarifies for school personnel, parents, NE ...... 14 9 3 7 3 1 4 1 0 want to supersede it and say, ‘‘Do away NV ...... 14 31 28 2 6 5 0 0 0 and others how school disciplinary with that, let the communities decide NH ...... 77 80 74 20 16 15 ( 1 ) ( 1 ) ( 1 ) rules and the obligation to provide a what they want to do themselves’’? NJ ...... 643 555 740 ( 1 ) ( 1 ) 176 ( 1 ) ( 1 ) ( 1 ) NM ...... 2 5 9 0 0 1 0 0 0 free, appropriate education fit to- Including the regular education NY ...... 465 500 609 465 500 609 ( 1 ) ( 1 ) ( 1 ) gether. The bill provides specificity teacher in an IEP meeting should help NC ...... 14 24 14 2 3 2 0 1 0 ND ...... 2 4 3 0 2 0 1 0 0 about important issues such as wheth- to reassure that children with disabil- OH ...... 47 49 51 12 12 10 4 4 2 er educational services can cease for a ities get appropriate accommodations OK ...... 99 83 19 33 16 5 ( 1 ) 2 1 OR ...... 26 43 56 5 5 7 ( 1 ) ( 1 ) ( 1 ) disabled child—they cannot—how man- and support in regular educational PA ...... 264 256 213 112 106 78 6 1 2 ifestation determinations are made, classrooms, decreasing the likelihood RI ...... 32 20 25 6 2 4 0 1 3 SC ...... 1 5 3 1 5 3 0 0 0 what happens to a child with disabil- for a need for discipline. SD ...... 16 19 6 3 6 1 0 2 0 ities during the parent appeals, and Under no circumstances can edu- TN ...... 40 58 56 ( 1 ) 19 12 ( 1 ) ( 1 ) ( 1 ) TX ...... 131 134 118 ( 1 ) ( 1 ) ( 1 ) 2 3 1 how to treat children not previously cational services to a child with a dis- UT ...... 7 8 5 1 1 0 0 1 0 identified as disabled. ability cease. If a local educational May 13, 1997 CONGRESSIONAL RECORD — SENATE S4359 agency has a policy which prevents it with disabilities. There has been strong children, better for parents, and it is from continuing services when a child support for that. There will continue to better for educators. is given a long-term suspension or is be strong support for that. First, we increase substantially the expelled, the State must assume the The question this body has been role that parents play in their chil- obligation to provide educational serv- faced with over the past 3 years is dren’s education. This is a very impor- ices to the child with a disability. The whether or not we could make sub- tant principle, to involve the parents disabled child is protected, also. stantive, important changes addressing more thoroughly, engage them more in The discipline records of the child many of the problems that arise under the decisions of placement, provide with the disabilities will be transferred the current statute. Our task has been them with information that parents of when the child changes schools to the to make effective changes, gain a con- general education students receive, and same extent that the records of a non sensus in support for those changes, give parents access to all their chil- disabled child transfer. That is another and preserve the essence of the statute. dren’s records. This provision helps thing, which I think was also at the These amendments seek to provide all provide accountability, and helps pro- suggestion of the Senator from Wash- children with disabilities in America vide a framework for understanding ington last year, that you ought to be with the opportunity for education and the problems that the teacher might be able to provide that record with the do so in a way that provides more ac- dealing with in school. child so the school district that re- countability, ensures a safe environ- Second, we include children with dis- ceives a child has warning that there ment for all students, and addresses a abilities in State- or district-wide as- may be problems. Prior discipline number of the other perceived flaws in sessments, and in doing so, we provide records will be provided to officials the current statute. systemwide accountability. Schools making decisions about a current vio- This has been a 3-year effort. Senator will now be responsible for what chil- lation by a child with a disability. FRIST, from the Labor and Human Re- dren in special education are learning. We have gone out of our way to ac- sources Committee, undertook the ef- Third, S. 717 moves us toward a much commodate the suggestions of the Sen- fort as subcommittee chairman last better understanding of the inequity ator from Washington which he made year under the chairmanship of Sen- and imbalance that exists in the fund- last year. I think he helped us craft a ator Kassebaum and spent an enormous ing of IDEA whereby the Federal Gov- very excellent bill. Why does he now amount of time and effort trying to ernment has not lived up to its promise want to throw it all away and say, pull a consensus together. We were not to provide 40 percent of the costs of ‘‘Yes, notwithstanding that we took able to do that by the end of the ses- special education. We are actively en- care of all these problems, we will let sion. gaged now in working with the appro- That effort was restarted in this new the communities decide how they want priators and others to increase the Congress under the direction of the ma- to do it’’? Federal funding for this act. In fact, jority leader. The majority leader ap- This would create chaos, and, there- the Republican Party, as part of its top pointed a special task force of Mem- fore, I have to very strongly oppose the priority as defined in our caucus at the bers—a bicameral, bipartisan task amendment of the Senator from Wash- beginning of this session, committed to force of Members—to see if it was pos- ington. making good on the promise of the sible to get everybody in one room Mr. President, I yield such time as he Federal Government to pay its full around one table and address these is- may consume to the Senator from Indi- share of IDEA funding, and to no sues on an issue-by-issue basis and ana. longer leave this obligation and burden The PRESIDING OFFICER (Mr. come to some type of an agreement. on the States and local districts. I am KEMPTHORNE). The Senator from Indi- Now, when you do that, you clearly end hopeful that the Appropriations Com- ana is recognized. up with a piece of legislation that is mittee can help us this year in making Mr. COATS. I do not intend to take a not perfect from any particular per- a very substantial step in that direc- great deal of time. I wanted to com- son’s point of view. It leaves probably tion. ment on this particular legislation. more to be discussed and debated and Mr. President, I, like most Members, perhaps corrected in future efforts, but We have taken special care to address if not all Members, have been back at the goal here was to see if we could the question of the amount of regula- home discussing at official forums, substantially improve the current leg- tions and paperwork that educators school meetings, and with teachers, islation. have to deal with. This bill provides far educators, parents, and students the My colleagues need to understand more flexibility for teachers and will impact of the current statute relative that the choice here today is not be- allow them to spend more time with to education for children with disabil- tween repealing the statute as it cur- the children and less time filling out ities. rently exists on the books and going forms. Clearly, there have been problems. back and writing a new one from Finally, we have worked very care- There have been discipline problems, as scratch. I doubt very much we would be fully and very thoroughly to try to the Senator from Washington has able to successfully do that, or at least craft a discipline provision in this re- enunciated. There have been problems come up with something that is in any authorization bill that addresses many of excess regulations and paperwork for measure different from the current of the concerns raised by the Senator teachers. There have been accountabil- statute. The choice is: Given the stat- from Washington. ity problems for schools. There have ute on the books; given what we know This is a particularly contentious been funding problems due to the Fed- through experience over 20 years with area, and it is important that we un- eral Government not living up to its this particular law and its implications derstand that the task force looked at promise to fund up to 40 percent of the for parents, teachers, students, edu- this very, very carefully and worked cost of this particular education. cators, Members of Congress and appro- very hard to try to address these con- Now, there have been numerous at- priators, and others; given the need to cerns. tempts over the years since this was put together a consensus that will Now, in regard to specific discipline first introduced—in 1975, I believe—nu- allow us to substantially improve that procedures, we came to the belief that merous attempts to modify and correct current statute; the choice today is, parents needed and, in fact, deserved some of these problem areas. Most of stay with the existing law, with all of codification of major Federal policy those have not succeeded and many of the problems that it has, all of the con- governing how and when a child with a the situations that have been enumer- cerns that people have, or move for- disability may be disciplined by re- ated by the Senator from Washington ward on legislation which, while it does moval from their current educational have continued. not give any one person everything placement. Here we have a disagree- By the same token, there has been they wanted, moves the mark very sub- ment with the Senator from Washing- nowhere near consensus in this body to stantially toward a better bill. ton. I understand where he is coming revoke that statute. I think there is a I think we have done that with S. 717. from. But to avoid having literally solid commitment to provide edu- We have made a better piece of legisla- tens, if not hundreds or thousands of cational opportunities for students tion, a better IDEA. It is better for different standards, the Federal statute S4360 CONGRESSIONAL RECORD — SENATE May 13, 1997 must include guidelines for a consist- debating and will be voting on, dan- would probably go an even more con- ent standard that parents and edu- gerous children can be immediately re- siderable amount of time before Con- cators can understand, so that every- moved from their current educational gress is able to put together consensus body knows where we are coming from placements. Specific standards must be to address these significant concerns. on this. met to sustain their removal. So I hope we will look past what we The bill takes a balanced approach to So you can remove the child, but S. believe to be perfect and look instead discipline procedures. It does not go all 717 states that you must then apply toward what I think is a good, substan- the way in the direction that the Sen- specific standards in order to sustain tial move forward in terms of this stat- ator from Washington would like to go, that removal. And it is possible to sus- ute. I commend the chairman of the and it probably goes further than oth- tain that removal. If a behavior that is committee for his diligent work in ers would like to go. That, again, was subject to school discipline is not a that, and Senator HARKIN for his long part of the consensus that we reached manifestation of the child’s disability, time support for this and the many on this legislation. But we do recognize the child can be disciplined the same as others, including the majority leader, in the discipline section the need to children without disabilities. who worked so diligently to achieve maintain safe schools, and to balance If, however, it is determined that the this legislation. that with the need to retain and pre- behavior was a manifestation of their I thank the Chair and yield the floor. disability, then, obviously, there is a Mr. GORTON addressed the Chair. serve the civil rights of children with The PRESIDING OFFICER. The Sen- separate standard to follow. If parents disabilities. We are dealing with a ator from Washington. whole series of court cases. We are disagree with the removal of their Mr. GORTON. Mr. President, I am dealing with legislation here that has child from his or her current edu- sorry to interrupt. I know the Senator to stand the scrutiny of the courts. So cational placement, they can request from Iowa wishes to speak, as do some we have to pay attention, obviously, to an expedited due process hearing. Senators on this side. Unfortunately, I those cases and try to craft legislation These are the parent’s rights. If edu- am now 1 hour late to a hearing that I which would give us a constitutionally cators believe that the removal of a am supposed to preside over. So I sound and civil rights compliant dis- child from their educational placement would like to make just one or two re- cipline procedure. must be extended, they can ask for an marks after which I will yield the bal- For the first time, this bill brings to- extension in an expedited due process ance of my time to the control of Sen- gether the rules that apply to children hearing—once again, the balance of the ator SMITH and he can proceed as he with disabilities who are subject to dis- rights of the parents, the child and the wishes. ciplinary action and clarifies for school educators. Mr. President, I believe firmly that personnel, parents, and others, how The bill allows school personnel to the case for my amendment has been these disciplinary rules work in con- remove a child with disabilities to an established by the last two speakers, junction with the school’s obligation to interim alternative educational setting the Senator from Vermont and the provide a free, appropriate education. for up to 45 days if that student has Senator from Indiana. We have heard a We have to meld these two concepts to- brought a weapon to school or to a wave of arguments about manifesta- gether to make an effective discipline school function, or knowingly pos- tion determinations and individual procedure. The bill provides specificity sesses or uses illegal drugs or sells or education plans and the fine distinc- about important issues, such as wheth- solicits the sale of a controlled sub- tions between various forms of violence er educational services can cease for stance while at school or a school func- and disorder. My good friend from Ver- disabled children—they cannot. But tion. The bill gives school personnel mont has informed me not only that he also how manifestation determinations the option of requesting that a hearing knows more about education in the are made, what happens to a child with officer move a child with a disability State of Washington than I do, but that a disability during parent appeals, and to an interim alternative educational he knows more about education in the how to treat children not previously setting for up to 45 days if a child is State of Washington than do the super- identified as disabled. In each of these substantially likely to injure them- intendents of my schools in the State categories, we have taken a very sub- selves or others in their current place- of Washington. Mr. President, that is stantial step forward, and made very ment. the heart of this debate. substantial improvement to the cur- There are some other provisions here, If, in fact, you believe the Senator rent legislation. Mr. President, which, in the interest of from Vermont knows more about how When a child with a disability vio- time and because others want to speak, education ought to be provided to stu- lates school rules or codes of conduct I won’t state. I just say to my col- dents in the State of Washington and through possession of weapons, drugs, leagues that I very much believe we in your State of Idaho, Mr. President, or a demonstration of behavior that is have made substantial improvements than do the professionals, the teachers substantially likely to result in injury and addressed some of the major con- and the administrators and the citizen to the child, or to others in the school, cerns in the current statute. I don’t school board members in your State the bill provides clear and simple guid- discount all the things the Senator and mine, then by all means, you ance about educators’ areas of discre- from Washington says because many in should vote against my amendment tion, the parent’s role, and procedural my State have indicated the same to and you should vote for this bill. If you protections for the child. me. We have tried to address those con- believe that what uniformity means in Clearly, we must remember that we cerns, balancing the civil rights of education in the United States is that are dealing here with the potential for those students and what we believe are we should have exactly the same rules litigation, with court cases, with the important educational opportunities relating to discipline applicable to civil rights of children, the rights of for those students, with the rights and every one of the thousands of school the parents, and the responsibilities the needs of teachers to have an or- districts and millions of students in that we give to educators. Finding the derly and safe classroom. the United States, then you should appropriate balance is not easy. It is We have put all this together in this vote against my amendment and you very difficult to find that balance that consensus bill which has been crafted should vote for this bill. If, however, will allow us to meet all these concerns with bipartisan support on a bicameral you believe that uniformity means and tests. basis. I think we have a bill—maybe something quite different, and that is Dangerous children can be removed the only bill—that can pass. Failure to that the rules should be uniform with from their current educational place- pass this reauthorization bill, or alter- respect to every student in a given ment. I want to stress this. There is a natively passage of the amendments school rather than a demonstrable dou- belief here that there is nothing we can being offered, would undermine the ble standard, in which the student sit- do with children whose behavior is dis- consensus process and put us back to ting at this desk is subject to one set of ruptive, if they bring violence to the the status quo. We would be right back rules and the student at that desk, a classroom or to themselves, or if they to a situation where none of the com- totally different set of rules, that that possess weapons or drugs; this is not plaints or concerns arising from the student can do things without signifi- true. Under this legislation that we are current statute are addressed, and we cant discipline that this student can’t, May 13, 1997 CONGRESSIONAL RECORD — SENATE S4361 then you should vote for my amend- So I repeat one last time. Mr. Presi- funded mandate at all. No matter how ment. dent, if the Senators in this body who many times someone may say it or how Somewhat naively, I had thought have written this bill know more about strongly they may say it, this is not an that all of us believed that education schools and about education—not just unfunded mandate. The Congressional was so important that the most vital another Senator—than the people who Budget Office, the American Law Divi- decisions relating to it ought to be have devoted their lives to public sion of the Library of Congress, and the made as close to the student and par- schools and to education, then you Supreme Court, have all said this does ent as possible. My friend from Indiana should follow their example. not fall under the unfunded mandate spoke of involving the parents more in Of course, many of the educational legislation. So it is not an unfunded these decisions. This bill does, but only organizations have agreed with this mandate. It is a civil rights bill, it is a those parents whose children can be de- bill. Their alternative was even worse— law implementing the equal protection termined to be disabled. What about the present system. I don’t blame clause of the 14th Amendment to the the parents of the nondisabled stu- them. I commend them for doing so. U.S. Constitution. It is not an un- dents? Well, the quote from the letter But, Mr. President, that doesn’t mean funded mandate. to me, I simply need to repeat: they like it. That doesn’t mean they In other words, Mr. President, let me I recently asked my school district attor- think we know what we are doing. That put it this way. The State of Idaho ney what rights I had as a parent when the means they were told that this was the does not have to provide a free public education program of my child was inter- most they could get, and you either go education to its kids. If the State of rupted by the behavioral disabled due to Idaho decided to stop that, they can do legal decisions. His response was, ‘‘You have along or get lost. And they have chosen no rights.’’ to go along. And they made a wise deci- it. But as long as the State of Idaho de- sion. But we don’t have to make that cides that they will provide a free pub- Yes, if uniformity means the same lic education to all their kids, then the rule for every school district, for every decision. We can decide, if we wish, that these are the decisions that ought State of Idaho can then not discrimi- school board member, for every prin- nate against kids because they are cipal across the country, then this bill to be made by educators—not Senators. And, if you believe that, you vote for black or they are brown or they are fe- is going in the right direction and my male or they are disabled. That free amendment is going in the wrong di- the Gorton amendment. Mr. JEFFORDS. Mr. President, I education must be available to all kids. rection, except, of course, that we are The Supreme Court has decided that. making the rules but we are not paying yield 10 minutes to the distinguished Senator from Iowa, a leader in this So it is a constitutional mandate, the bills. not an unfunded mandate. I heard something about this being a area. The PRESIDING OFFICER. The Sen- What we have said with IDEA—Pub- constitutional responsibility. Well, Mr. lic Law 94–142—is, ‘‘Look, we will try President, if it were a constitutional ator from Iowa is recognized. Mr. HARKIN. Mr. President I thank to help the States meet that obligation responsibility, we would not have to because it will cost some money, and Senator JEFFORDS. legislate at all. But just recently, we will help them meet that.’’ That is under the present law, the U.S. Circuit First of all, I thank Senator COATS for his recent statement that he just why Senator GREGG moved in this area Court of Appeals in the State of Vir- to get the Federal Government to pick ginia ruled that the Virginia law that made on the floor. He hit all the right points. He talked about how long this up more of that obligation. We should. stated that there were certain offenses But I do not want to go into that any- that were egregious enough to allow bill had been in the making and the delicate balance that we reached. I more. Senator JEFFORDS responded to for the absolute expulsion of a student that. thank Senator COATS for his efforts applied equally to the disabled and to But this is a civil rights bill. over a long period of time in this area the nondisabled. What Senator GORTON’s amendment No constitutional right for this egre- to reach this very delicate balance. basically says is, if you just read the gious behavior was found to limit the I also see my colleague, Senator first words, ‘‘Notwithstanding any discretion of the school authorities of FRIST, on the floor. I want to publicly other provision of this act,’’ each State Virginia. This bill reverses that deci- thank Senator FRIST again for his educational agency, et cetera, can de- sion. It says, ‘‘Oh, no, Virginia, you great leadership in this area. cide for themselves what they want to have to have a double standard. You I was just looking up today, and it do. Notwithstanding anything else, can expel the nondisabled. You cannot was on May 9, 1995, that Senator FRIST they can do whatever they want to do. expel the disabled no matter what the held the first hearing on this bill—2 Would Senator GORTON apply that offense.’’ years ago. It has taken us 2 years to same reasoning to the Civil Rights Act That is what this bill says. That is get to this point. He has worked day of 1964—notwithstanding any other pro- not required by the Constitution of the and night on this to try to get it vision of the law, if a jurisdiction United States. That is a value judg- through. Last year we had a lot of wants to discriminate against African- ment made by the sponsors and the problems, and Senator FRIST hung in Americans, they can do so, they can writers of this bill. there every step of the way making fashion whatever framework they Mr. President, I said yesterday—and sure that we got this bill through. It want? Would Senator GORTON apply it bears repeating just one more time— took 2 years. But we no have a well- that to title IX and say, ‘‘Well, with re- I have asked school districts to serve balanced bill. I want to publicly thank gard to women, each jurisdiction can as advisory committees to me in every Senator FRIST for hanging in there and decide whatever they want and how it county of the State of Washington with not giving up. I appreciate that very applies to women’’? We can do that whom I visit. I try to visit at least much. with the civil rights bill? Of course not. once a year, and sometimes more than Of course, I thank Senator JEFFORDS, Civil rights applies to all in this coun- once. Every one of them has someone our leader on the committee, again for try. who is a teacher or a school board leading us in this area. Again, Senator The second thing he brought up was member or a principal. This subject is JEFFORDS was one of the few around the cost. He mentioned something the one brought up by far the most here who was there when Public Law about the cost of this in terms of the often by all of the people who actually 94–142 was passed. He was a leader at mandate. There are a lot of ways to provide education—the interference in that time 22 years ago. He is still here look at the cost. But what is the mar- the system. Oh, it is true, as the Sen- to lead the charge on this landmark ginal cost of this? We have some fig- ator from Vermont said, there are legislation. ures here. You have to look at the sav- fewer lawsuits over it now than there I want to talk for a couple of minutes ings. The average per student in Amer- were a few years ago. Why? Because with regard to some of the things that ica for those in special education the the school district can’t win the law- Senator GORTON brought up. average cost is $6,100. suit. So it now surrenders before the First, Senator GORTON said there are So it costs about 14 percent more process is so much as started. But the two main objections he had to the bill. marginally to educate a kid with dis- costs of that surrender are paid by The first was that it was an unfunded abilities than a child without disabil- every other student in those schools. mandate. This is, of course, not an un- ities. S4362 CONGRESSIONAL RECORD — SENATE May 13, 1997 Well, is it worth it? We have to ask: WI. They met with the child’s special- I am just saying that is again bring- Is it worth it to spend that 14 percent? ist. He had a superior IQ of over 130. ing in someone who understands a dif- Look at it this way. Mr. President, in His behavior problem stemmed from ferent philosophy, that you use dis- 1974, before the enactment of this bill, tremendous frustration of an unidenti- cipline as a method of teaching and en- 70,655 children were living in State in- fied, profound learning disability. Once abling—not just as a method of punish- stitutions. By 1994, 20 years later, as a that was recognized, once he got the ment. direct result of this bill, that number supportive services, his behavior prob- Lastly, the Senator from Washington went to 4,001—less than 6 percent of lems literally disappeared overnight. State kept asking the question. He had what it had been 20 years before. Now he is an A, honor roll, student. a letter that he was reading from a par- What is the cost? What is the sav- The kids want to work with him. When ent in Washington who basically said ings? The average State institution he is doing a class work science that I asked my attorney—and I am cost was $82,256 per person in 1994. project, the classmates choose to work paraphrasing here. But the letter the So, if you take the difference of with him. This is a kid who the school Senator read into the RECORD was, $66,654 for kids that are not institu- said, ‘‘Kick him out. Get rid of him. He what rights do I have for my child to tionalized but are in school learning, is disturbing everybody. He is dan- be free from all this commotion, and that is a savings to the State of $5.46 gerous.’’ But he got the supportive dangerous activity in school. And the billion each and every year. That services and the proper kind of dis- attorney said, ‘‘You have no rights.’’ doesn’t include the savings later on in cipline—the discipline to teach him Well, first of all, I would suggest that welfare costs. how to act within that environment. parent get a different attorney because For example, my friend, Danny I can go through a lot of them. Here you do have rights. Piper, who got special education, went is Molly, who was very abusive to oth- That parent has the right to demand to school. We figured up for Danny ers, hitting and pushing them; teachers of that school a safe and conducive Piper that the total cost of his special wanting the child removed. A speech learning environment. They have a education was $63,000. That is what it language pathologist was called in. right to demand that. They ought to cost. Danny Piper today is living on his They commenced a program and found demand it. What they don’t have the own in an apartment and takes the bus out that she had a communications right to do is to demand that a disabled to work. He is employed. He is a tax- problem. Within 12 weeks her ability to kid gets kicked out of school. They payer. He is not in an institution. But talk to her peers grew. Her behavior don’t have that right. when he was born with Down’s syn- problems faded away. It would be like this. Let’s say, Mr. Here is a family of three. The chil- President, that a caucasian kid came drome, the doctors told his parents, dren engaged in fighting, aggressive to school and had to sit next to an Afri- ‘‘Put him in an institution.’’ They re- outbursts, name calling. Frustrated by can-American. They said, ‘‘Well, I fused to do so. Because of IDEA, they lack of support by the school system, don’t like that. I don’t like this inte- got him in school in special education. they moved to a neighboring district gration.’’ I am conjuring up memories He did well in high school. Now he is where they found the support, and now of a few years ago. ‘‘Oh, no. Those kids working and making money. The cost all three of their kids are honor roll cause all kinds of problems in school. to the taxpayers of the State of Iowa to students and doing well. They couldn’t be conducive to a learn- institutionalize Danny Piper would Let me talk about Mike McTaggart ing environment.’’ Well, we found out have been $5 million. Do you know of Sioux City, something closer to my that wasn’t so, as long as teachers and what it cost us? $63,000 to get him his home. I visited the school last year. principals and parents got together, education. Mike McTaggart is the principal of and in sort of an atmosphere of work- So you can look at it from the cost, West Middle School in Sioux City. Lis- ing together, it was fine; no problems. but you have to look at it from the ten to this. There are 650 students in Let’s say that a child went to school, other side—the savings side, not to the middle school. Student population and all of a sudden sitting next to him mention lifestyles, quality of life, and is 28 percent minority, 32 percent are was a physically disabled child who what it means to the Danny Pipers and children with disabilities, and one out made them nervous because they didn’t others not to be institutionalized. of three have IDP. One year prior to look the same, they didn’t act the Lastly, Senator GORTON talks about Dr. McTaggart coming there and tak- same, they had a physical disability the double standard. I am sorry. That ing over this school, there were 692 sus- that, well, maybe they weren’t like the is just not so. There is no double stand- pensions, and of those suspended, 220 rest of the kids. Would a parent who ard here at all. were disabled children. The absentee- said, hey, wait a minute. My kid has to I guess what we have to ask is, What ism rate was 25 percent, and there were sit there and it’s disturbing; it confuses do we want at the end of the day? At 267 referrals to juvenile authorities in 1 him; it is not a good, conducive atmos- the end of the day, we want a safe year. phere for him to learn—would that par- classroom with an environment that is In 1 year. Dr. McTaggart came in, ent have the right to say, kick that conducive to learning for all students. and 1 year later the number of suspen- disabled kid out of school? No. But That is what we are all about. What we sions of nondisabled children went what the parent has the right to do is want to do is teach children behavior from 692 to 156. The number of suspen- demand of the school that they provide that will lead to that safe, quiet class- sions of disabled children went from 220 a safe and conducive learning environ- room that is conducive to learning. to zero. Attendance has gone from 72 ment. Under IDEA, we want to use discipline percent to 98.5 percent. Juvenile court That means at least to this Senator as a tool to learn and not just as a pun- referrals went from 267 to 3. that the school has to develop strate- ishment and to ensure that each child What happened in that 1 year? We gies to make the classroom safe and receives the supportive services nec- had a principal who came in—who quiet and conducive to learning. If kids essary to function appropriately in a brought a different philosophy, a phi- are disturbed by someone who is in the classroom environment. losophy of using discipline as a tool to classroom, by their appearance or by For example, we have some examples teach rather than to punish, and their actions, that means you develop a of kids. Here is one. I have hundreds of turned that school around by involving strategy to deal with it and bring the these examples. Here is one, Nick kids and involving their parents. That parents in and provide for an atmos- Evans in Wisconsin. I have a letter school is very successful today. But if phere where kids can learn, not just a here dated January 24, 1997. He was in you had looked at that school before he knee-jerk reaction and say, well, the school. He was fighting. We are told got there, there was a lot of blame on easiest course of action is to expel that they did not know what to do with the kids—blame the kids, blame their them, kick them out, get rid of them, him. We are told by the school that parents. They shouldn’t be there. They segregate them, exclude them. they felt Nick was emotionally dis- are dangerous. Get them out of there. We have been down that road before. turbed, mentally retarded, and did not There were 267 referrals to juvenile au- The whole theory of IDEA, the Individ- belong in the school. They did not thorities—from that to 3 in 1 year—and uals With Disabilities Education Act, know what to do. But they sought an 220 disabled kids were suspended. It is to mainstream, is to bring people to- evaluation at the clinic in La Crosse, went to zero the next year. gether, not to segregate people. May 13, 1997 CONGRESSIONAL RECORD — SENATE S4363 So I would say to the person who abled kids, mentally disabled kids, and an interim alternative educational set- wrote that letter to Senator GORTON, that teacher does not have the proper ting for up to 45 days if the school offi- yes, you have that right; go to that support and learning and training to cials can demonstrate by substantial school and demand the safe, conducive know how to deal with it. Teachers evidence—that is, beyond a preponder- learning environment. You have that need that support. They need that kind ance of the evidence—that maintaining right. But you do not have the right to of training and that kind of edu- the child in the current placement is demand the kid gets kicked out be- cational support that will help them. substantially likely to result in injury cause he or she is disabled. You do not That is what we are talking about to the child or others. have that right. So I would suggest here. If they do that, IDEA will work, Some of my colleagues have raised that perhaps they ought to get a dif- but it will not work if our reaction is, concerns about allowing impartial ferent attorney. I just wanted to make first of all, notwithstanding any other hearing officers to make these critical those comments. I did not have the provision of this act, let each school decisions. I support this provision for time before. district decide for themselves. several reasons. There was one other thing. Again, That is what the Gorton amendment First, this standard codifies the hold- showing how things can happen if peo- does. That is not conducive to an ing in Honig versus Doe. In that case, ple really do want to make it work, inclusionary-type of principle where we the burden was clearly placed on the will work together, on January 29 of are going to bring kids together. We school officials to rebut the presump- this year Elizabeth Healy, a member of are a much better society today be- tion in favor of maintaining the child the Pittsburgh School Board, testified cause we have included people with dis- in the current placement. Thus, the before our committee. She said she abilities. We are a stronger society. As case does not deal with perceptions or stereotypes about disabled children but thought IDEA was a good law; it is President Clinton says so often, as we provides authority to remove a child working. She said the Pittsburgh enter the next century, we cannot who truly is dangerous. School District has adopted a family leave one person behind, and we cer- Second, in giving the authority to centered inclusive approach to provide tainly should not leave people behind make these determinations to impar- special education. Because of what just because they have a physical or tial hearing officers, the proposal not they did in Pittsburgh, because of this mental disability. only includes the ‘‘substantial likeli- That is what this bill does. It pro- family centered approach, the number hood of injury’’ standard, but also vides those kids with that support and of due process hearings has plummeted. specifies that the hearing officer must Unlike reports from other urban those opportunities the kind of edu- consider the appropriateness of the school districts regarding the due proc- cation that allows kids to dream and child’s current placement and whether ess hearings, last year there was only allows kids with disabilities to know reasonable efforts have been made by one due process hearing and one special that they can fulfill their potential. We the local school officials to minimize education mediation in the entire all have different potentials. Kids with the risk of harm, including the use of school district in Pittsburgh. I do not disabilities are no different. They have supplementary aids and services, and if know a lot about Pittsburgh, but it is potential, too, to achieve, to dream, the child is moved, the hearing officer a pretty urban city. One due process and to do wonderful things. We have must determine that the new place- hearing, one special education medi- seen it happen because of the Individ- ment will allow the child to continue ation in the entire school district. uals With Disabilities Education Act. to participate in the general curricu- I might suggest to the Senator from This bill that we have before us, this lum and to meet the goals of the IMP Washington that he might want to reauthorization, as I said, is carefully and that the child will receive services take the principal of this school that crafted, very balanced. I think it meets that are designed to address the behav- he keeps talking about with all these all of the needs of parents and school ior that led to the removal. problems and maybe send him to Pitts- administrators and, most importantly, Third, in placing this additional au- burgh and have him look at what they meets the needs of the kids themselves thority with hearing officers, the bill did there or send him to Sioux City, IA, not to be segregated out but to be in- recognizes the important role already and we will have him look at what cluded, to make sure they have the assigned to these individuals in guar- Principal Mike McTaggart did there. support they need so that they can be- anteeing the rights of disabled chil- And maybe, and I say this in all candor come fully self-sufficient, productive, dren. It is because of the importance of and seriousness, they could pick up loyal American citizens in their adult- this role that the act requires that some pointers on how to structure the hood. That is what this bill is all hearing officers be impartial. This school environment, how to involve the about. means, for example, that a hearing of- families, so that they will have the Mr. President, are there situations ficer could not be an employee of the same results as Sioux City or the same where a school officials must take child’s school district. It is my expec- results as Pittsburgh. immmediate action to remove a dis- tation that the Department will re-ex- So I am saying it is not impossible. It abled child from his or her current amine current policies concerning im- is very possible to have a safe and con- placement? The answer is yes, and this partiality in order to ensure that, to ducive learning environment and to bill provides for two limited exceptions the maximum extent feasible, the in- meet at the same time the require- to the stay put provision under which tegrity of these persons, and thus the ments of the Individuals With Disabil- children with disabilities are entitled system, is ensured. ities Education Act. What it really to stay in their current placement It is also my expectation that hear- takes is a commitment by the school pending appeals. ing officers will be provided appro- boards, teachers and principals, par- Under the first exception to the stay priate training to carry out this new ents and the community to work to- put provision, school officials are pro- responsibility in an informed and im- gether in an atmosphere of mutual ac- vided authority to remove a child from partial manner and that both SEA’s commodation and understanding and his or her current placement into an and the Secretary will closely monitor support. If they do that, there won’t be interim alternative educational setting the implementation of this provision. that many problems. Oh, you will al- for the same amount of time they In sum, Mr. President, we do not ways have some problems, but, my could remove a nondisabled child, but have to choose between school chaos gosh, Pittsburgh went down to one due for not more than 45 days, if the child and denying education to children with process hearing. That is the kind of carries a weapon or knowingly pos- disabilities in order to maintain goals we ought to be looking for. sesses, uses, or sells illegal drugs or schools that are safe and conducive to That is what this bill does. That is controlled substances. learning. If anything, parents with dis- what this bill does. I have to tell you, Under the second exception to the abled children want schools that are Mr. President, a lot of times my heart stay put provision, local authorities safe and conducive to learning more goes out to teachers who are in the can secure authority from an impartial than other parents because their chil- classroom and they are confronted hearing officer—in addition to a dren are frequently more distractible with situations where they have emo- court—to remove a child from his or and more likely to be the brunt of at- tionally disturbed kids, physically dis- her current educational placement into tacks and abuse. S4364 CONGRESSIONAL RECORD — SENATE May 13, 1997 Parents who have disabled children hooked up in a normal way, there is It is not quite so simple, and I would are not asking that they be excused one little cross-connection in one little argue that with two people sitting in from learning responsibility and dis- tiny part of the brain that causes that the same room, if one of them has a cipline. What they are asking for is individual, while they are sitting there manifestation of a disability, we need— that the approaches used be individ- studying and learning with the same and not just we but people across all ually tailored to accomplish the objec- capacity as everybody else, with the 16,000 school districts—to have a proc- tives of maintaining a school environ- potential to be as successful an individ- ess, a fair and equitable way, to dis- ment that truly is safe and conducive ual as anybody else, for some reason we cipline that individual. to learning for all children, including do not understand—as a physician, I do Senator HARKIN mentioned that 2 children with disabilities. not understand, scientists do not un- years ago I held a hearing, and it was Mr. President, this bill provides a derstand yet; hopefully, we will change really the first hearing I held as chair- fair-balanced approach to ensuring that—that individual all of a sudden man of the Subcommittee on Disabil- school environments that are safe and blurts out something that does not re- ity Policy. It was about the original conducive to learning. I urge my col- late to anything at all. enactment and what led to that enact- leagues to support the underlying bill Should that person have the same ment. I was looking at those hearings, and reject the Gorton amendment. process for disciplining as the individ- and it was really powerful. I encourage I yield the floor. ual next to him? Some people would my colleagues to go back and look at Mr. JEFFORDS. Mr. President, I say yes. I would say no, that some at- that 20-year history, what led up to it. compliment my good friend from Iowa, tention needs to be paid that that is a It was very clear that IDEA, the Indi- who, along with me, came in about the manifestation. And, yes, we spell it out viduals With Disabilities Education time that this special education legis- in the bill. What if we did not? What Act, was enacted to establish a consist- would we go back to—22, 24 years ago lation was enacted back in 1975, and we ent policy, not what Senator GORTON’s have worked closely together on mat- where that student would be thrown amendment would do, have 16,000 ters of disabilities ever since that time. out of the classroom and thrown out of school districts each with their own It is a pleasure to work with the Sen- school through no fault of their own policy to handle the sort of situation, ator. I think we have had pretty suc- when they can learn just as well as but it was enacted to establish a con- cessful adventures along this line. anybody else? I say no, the process sistent policy that people could read The PRESIDING OFFICER. Who needs to be different. And it is spelled and understand for States and school yields time? out in detail as the Senator from Ver- districts to comply with. With what? Mr. JEFFORDS. Mr. President, I mont has read from the bill earlier—a The equal protection clause under the yield 10 minutes to the Senator from different process. You can call that a 14th amendment of the U.S. Constitu- Tennessee. double standard, I guess, because peo- tion. The PRESIDING OFFICER. The Sen- ple will react to that and say, no, dou- We hear the words ‘‘unfunded man- ator from Tennessee is recognized for ble standards are wrong. I call it a dif- date’’ and ‘‘mandated.’’ We passed up to 10 minutes. ferent process and for a very good rea- IDEA. Unfunded, yes. I will not argue Mr. FRIST. I thank the Chair. son. If you go back 25 years, you see with that. A mandate? This goes back The amendment that I wish to talk why. to a civil rights issue as defined by the to is the amendment on discipline Or let us say there is another stu- Supreme Court decision after IDEA which would instruct local education dent. Let us call him Tom. Let us put was enacted. The Supreme Court, agencies to set their own policy in dis- him in the fourth grade. Let us say he under Smith v. Robinson, recognized can learn well, he has the potential to ciplining disabled students. In short, IDEA as ‘‘a civil rights statute that be everything that one would wish his each school district could then have its aids States in complying with the son to be in the future, yet Tom has a own distinct policy defined for itself in equal protection clause under the 14th severe developmental disability. Say how to discipline children with and amendment.’’ Again, it was very clear he is an individual with mental retar- without disabilities. I oppose such an dation. I do not know exactly what to me in those hearings 2 years ago as amendment. that means, but most people under- we went back and looked at the deci- A statement was made that the un- stand generally what I am talking sions, two landmark decisions that derlying bill is leading us in the wrong about. And let us say somebody comes Senator HARKIN talked about yester- direction and that this amendment up to Tom in the fourth grade—and we day, in 1972 which established the con- would set us back in the right direc- all know bullies like this. This is the stitutional rights—not a mandate, the tion, at least in that one area of dis- reality. This is the reality of the class- constitutional rights—for individuals cipline. I disagree. room today. A bully comes up and with disabilities to receive a free, ap- In the statement, the case was cited says, we are going to get Tom; let’s propriate public education. that there were two schoolchildren sit- give Tom this little toy gun. ‘‘Tom, So now what we want to do is turn ting together, one with a disability and this is a little toy gun.’’ In truth, this back to allow 16,000—it may be 15,000, one without a disability, and that they is not a toy gun. In truth, that bully it may be 17,000—individual school dis- both should be treated exactly the brought it from home, put it in his tricts to try to go through this defini- same. pocket, and he knows how to get Tom tion to really throw aside what we I would argue that that is difficult to and he gives it to Tom. And Tom says have learned over the last 20 years, do. Let me give two brief examples it looks like a toy gun. As a father, I which we have modernized through our where I find it hard to have a different can’t tell the difference between toy current bill, to go back and allow 16,000 process other than the one spelled out guns and real guns. I look at them school districts to reinvent the wheel, by Senator JEFFORDS and as spelled out closely. Tom looks at it and says, yes, to try to learn once again what we in the definitions. And, yes, it is sev- and I appreciate the gift, and so he have learned over the last 20 years—po- eral pages long because it takes that puts it in his locker. Now the principal tentially 16,000 separate policies. sort of detail when we are dealing with or teacher comes forward and opens the Talk about lawsuits. We have had the issue of individuals with disabil- locker and finds what Tom thinks is a many people comment on attorneys ities. toy gun. Remember, Tom can learn and attorney’s fees and how difficult it Let us say that one of the people in just as well as anybody else, can bene- is. Talk about lawsuits with 16,000 dif- these chairs has a syndrome called fit from an education. Should the proc- ferent policies. I can see somebody Tourette’s syndrome. That individual ess be to throw him out of school when moving from Davidson County where I who would be sitting in that chair it probably is a manifestation of his live to Williamson County only be- could learn just as well as the other in- disability? And so, yes, you can call it cause, as parents of a child with dis- dividual, could take advantage of the a double standard. I call it a process, a abilities, they think that the discipline education just as well as that other in- very specific process where we do have requirements might be fairer. I think dividual. If that individual has a dis- to spell out manifestation and, yes, it lawsuits will explode. Our bill provides ability, a disability called Tourette’s takes more than six lines on one page one set of rules, an update, defining, syndrome where, with everything else to do that. yes, manifestation and, yes, discipline May 13, 1997 CONGRESSIONAL RECORD — SENATE S4365 if it is not a manifestation in a very are otherwise a danger to themselves lieve IDEA serves an important role in clear way, with discretion for school or others. Clearly, this is an instance the education of our disabled children districts, with protection for children. where the interests of the child and the in Minnesota and throughout the Na- The whole manifestation issue I do interests of sound learning in the class- tion, in this case I believe Congress not think we need go into now. The room must be carefully balanced to en- should ante up. Accordingly, if it is of- Senator from Vermont went through it sure that neither are breached. Unfor- fered, I will support the Gregg amend- in pretty much detail. But let me just tunately, current Federal law dictates ment to fully fund the Individuals With point out again for weapons or drugs— that a child may only be removed from Disabilities Education Act. and it has been expanded to cover school if the parents consent to re- In conclusion, Mr. President, I just weapons, possession and use or dis- moval or if the student brings a fire- wanted to say again I support S. 717 be- tribution of illegal drugs—if it is not a arm to school. cause it does improve upon the com- manifestation of that disability, the Mr. President, this is not balance at mitment we have made to disabled stu- school would discipline that student all. This legislation makes consider- dents in Minnesota and throughout the just as they would a nondisabled stu- able strides toward restoring some bal- country. Although I wish it would have dent who engaged in such behavior. ance by returning more decisionmak- gone a little farther, I support the There is nothing exceptional about ing to the people who know best, and Gregg amendment, as I said, because it that. If it was a manifestation, very that is those who actually teach our backs up this profound commitment. clearly—so all 16,000 school districts children. But in my view, if we at the Federal can understand this civil rights issue— Another issue is litigation. According level really desire to help our Nation’s how to discipline that student in an or- to a study done by the Minnesota State schools, we will finish the jobs we derly way that parents understand, the Legislature, one of the largest factors started. Beyond this, the Federal Gov- individuals with disabilities under- contributing to the increased costs in ernment’s next job in furthering the stand, the principals understand. For educating their children is the cost of education of our children is to step all other behavior subject to discipli- special education. Unfortunately, too aside and allow parents and school nary action, again, if it is not a mani- many of these expenses have nothing boards to do the job they were designed festation, that is, other than weapons to do with buying things such as to do and not the Federal Government. and other than drugs, again, students Braille for the visually impaired or I thank the Chair. I yield the floor. are treated just as those without dis- providing instruction for children with Mr. SMITH of New Hampshire ad- abilities. If it is a manifestation, again, disabilities. Many of these expenses are dressed the Chair. it is spelled out in IDEA. legal fees resulting from litigation be- The PRESIDING OFFICER (Mr. I just close and simply say that all tween schools and the parents of chil- ENZI). The Senator from New Hamp- major educational organizations do dren with disabilities. shire. support this bill. It is not perfect. We In light of the limited resources Mr. SMITH of New Hampshire. Mr. sat around the table night after night available to pay for the mandates im- President, how much time do I have? and day after day bringing people to- posed by IDEA, this is a glaring flaw The PRESIDING OFFICER. The Sen- gether. It is not perfect. But they say that is ripe for reform. Toward this ator has 271⁄2 minutes. support this bill. Why support this bill? end, S. 717 requires States to establish Mr. SMITH of New Hampshire. Mr. Because this bill as clearly defined is a mediation system and provides incen- President, I yield 5 minutes to my dis- the way that we can improve the treat- tives for parents to avail themselves of tinguished colleague from West Vir- ment of individuals with disabilities in mediation instead of litigation to ami- ginia. discipline. cably resolve their differences. Mr. BYRD. Mr. President, I thank my I thank the Chair. The one issue that is not addressed in friend, the Senator from New Hamp- The PRESIDING OFFICER. Who this legislation, however, and it is, in shire, [Mr. SMITH]. yields time? my view, a critical one, is the issue of The PRESIDING OFFICER. The Mr. JEFFORDS. I yield the Senator funding. The Senator from Vermont Chair recognizes the Senator from from Minnesota 5 minutes. has urged Senators to wait for another West Virginia. The PRESIDING OFFICER. The Sen- day to tackle this issue. The Senator’s Mr. BYRD. Mr. President, the Senate ator from Minnesota is recognized for 5 objection to dealing with funding at is expected to vote shortly on S. 717, minutes. this juncture is not based on substance the Individuals With Disabilities Edu- Mr. GRAMS. I thank the Chair. but, rather, on process, and I fully ap- cation Amendments Act of 1997, also Mr. President, I want to take this op- preciate these constraints. We need to known as the IDEA bill. Mr. President, portunity to commend my friend and pass this bill. I compliment the managers of the bill, colleague, Chairman JEFFORDS, for the However, because I believe the issue Mr. HARKIN and Mr. JEFFORDS. They exemplary work he has done in regard of funding is so vital to the success of have worked hard and the legislation is to the reauthorization of the Individ- IDEA’s reforms, I must reluctantly certainly an improvement over the cur- uals With Disabilities Education Act. part paths with the chairman. I believe rent situation. That this is the first time in 22 years the funding issue should be addressed I do have some reservations about that Congress has attempted major now. As Senator GORTON has pointed the contents of the bill—I intend to changes to its law with any likelihood out, IDEA is an unfunded mandate on vote for it—and about the manner in of success speaks volumes about the our 50 States and our schools. As such, which it was brought up for consider- time, energy, and commitment Senator consistent with the spirit, if not the ation. JEFFORDS and others have devoted to letter, of the unfunded mandates legis- Before I cast my vote, I would like to it. lation we approved last Congress, the take this opportunity to express my Over the last 5 months, I have lis- mandate imposed by IDEA should ei- concern with the legislation. First, and tened to the concern of school board ther be repealed or it should be paid foremost, a committee report on S. 717 members, students, parents, principals, for. As it stands, the Federal Govern- was not available until early on Mon- teachers, and administrators from all ment pays a mere 7 percent of the total day, yesterday, and the Senate pro- over Minnesota on the issue of IDEA. cost we impose on our schools through ceeded to debate S. 717 on Monday. Primarily, each of these groups IDEA. It is my considered opinion that That is not anything new around here. stressed concern over proliferating liti- the Federal Government should put its We are witnessing more and more of it, gation, program inflexibility in regard money where its mouth is. In short, and too much of it. I was not able to to discipline, and the tremendous cost Congress must fully appreciate the secure a copy of the report until yes- burdens associated with the mandates consequences of its actions. If Congress terday afternoon, which constrained that have been placed on our schools. places a premium on a desired goal or my ability to read the committee re- In regard to the issue of discipline, sets a priority for States or local gov- port as thoroughly as I would have this legislation provides additional ernments to attain, the Federal Gov- liked. It is unfortunate and unneces- flexibility to deal with children who ernment must ante up or then recon- sary that our independent judgment as are disruptive in the classroom or who sider that mandate. And because I be- Senators is so often being subjected to S4366 CONGRESSIONAL RECORD — SENATE May 13, 1997 narrow time constraints to render a de- the quick markup of the bill and its amendment, which is the business be- cision on the ramifications of impor- subsequent expeditious floor clearance fore us. He made the interesting point tant bills such as this one. was necessary to avoid a subsequent that he did not feel U.S. Senators nec- In addition, I have been contacted by demolition of the fragile agreement essarily knew more about what was a number of West Virginians who have that has been reached. Mr. President, if happening in the various school dis- raised concerns about the ‘‘stay-put’’ it is all that fragile, perhaps we ought tricts in Washington State or in New clause in the current law for violent to start over. Mr. President, efforts to Hampshire, for that matter, than the and disabled students. The ‘‘stay-put’’ ram legislation through, not only in people in those districts did. I could provision means that a disabled stu- this case but all too many other cases, not agree with him more. I bring per- dent cannot be removed from his or her as we have seen around here in late haps a different perspective than many current classroom until a hearing is years, are not consistent with the du- of my colleagues here in the Senate. I held to resolve the matter. Under S. ties of the Senate to adequately delib- spent 6 years in the classroom as a 717, steps have been taken to attempt erate on a matter that affects millions teacher. I also spent 6 years on a school to correct this matter by permitting of disabled and nondisabled children board. I know what Public Law 194 is, local school authorities to relocate a who have a right to a safe and appro- and I know the good things that that disabled child into an alternative edu- priate public education. law has done for people who are in need cational environment for up to 45 days Mr. President, I thank the distin- of special education. It has done won- pending an appeal if he or she brings a guished Senator from New Hampshire ders for many, many students who were weapon to a school or a school func- for yielding me the time. I again con- in need. tion, or consumes or solicits a con- gratulate the managers of the bill and The Senator from Iowa made specific trolled substance. I yield the floor. reference to one individual who had I think these provisions are improve- The PRESIDING OFFICER. The Sen- been helped under this program. I ap- ments, as I say, over the present. But I ator from New Hampshire. plaud that. That is not what we are don’t think they go far enough. Why Mr. SMITH of New Hampshire. Mr. talking about. What we are talking should school authorities be limited to President, I want to indicate, first and about is this basically distorting the a period of 45 days for the removal of a foremost, that I understand what the process to write individualized edu- disabled student—disabled or any other sponsors of the bill are trying to do. I cation plans for people who perhaps student—who carries a weapon to support the concept of reforming the should not have IEP’s; who really are school or uses drugs at school or IDEA law. I do not fault them for try- not in the same category as the young school-sponsored events? Why not 90 ing to make the changes. What I fault man who was mentioned by the Sen- days? Why not longer, if the situation is the process in which we bring the ator from Iowa. warrants it? While I applaud the efforts bill to the floor with a locked-up agree- I took the opportunity, even though of the sponsors to provide the local ment. One of the greatest aspects of this is not a bill that is in the jurisdic- schools with more authority to deal the U.S. Senate is that we have the op- tion of any of my committees—that is with a violent and disabled child, I am portunity to debate, and hopefully Senator JEFFORDS’ committee—I did disappointed that more stringent dis- sometimes have a couple of people lis- something that perhaps is not always cipline provisions are not included in ten to what we say and influence an done around here, I wrote to all the the final draft of the bill. We ought to outcome. I realize that does not happen school districts in my State and I consider the security and educational very often around here. But in this par- asked for input on this legislation. I in- needs of every student in the class, in ticular case, we do not have the oppor- formed them I felt there was a good op- addition to the disabled child. tunity to influence the outcome be- portunity, that Senator JEFFORDS and Finally, I have, over the years, de- cause we are told: A deal has been others were moving the bill through tailed the national problem of alcohol struck between the House and the Sen- the process here, that it was going to abuse, and have urged people, young ate, minority and majority, White improve the special education program and old, not to drink and drive—but House and everybody else. It is just one or IDEA as we know it, and I think not to drink, period. That is the way I happy old time here, everything is done Senator JEFFORDS has done that. He feel about it: Not to drink. I have urged and we do not need to debate it, we do has improved it. But the question people, young and old, to abstain from not need to suggest any changes. again goes back to my original point. drinking alcohol. Yet, S. 717 makes no Perhaps an analogy might be if we Can we improve it more? I think Sen- reference to a disabled child who brings had an agreement to spend $1 billion on ator GORTON’s amendment does that. I or consumes alcohol on school prop- cancer research and somebody told us would like to explain why I think that erty. I know the sponsors would argue if we spent another $50 million we is the case. I would like to explain the that the bill contains language that could cure cancer, I think we would be rationale for the amendment, which is would allow local school officials to prepared to amend the bill to add the intended to ensure that the education exact discipline under the same terms $50 million to the $1 billion in a hurry. of all students not be compromised. that a nondisabled student would face. So I do not support this kind of proc- This is an important issue. I wish we But it is my opinion that alcohol is ess. I do not think it is right, and I had the opportunity for more debate, just as evil as any other drug defined think that we can strengthen a bill but unfortunately we do not have that. by the Controlled Substance Act, to and, if somewhere along the line the The problem the Gorton-Smith school which S. 717 refers. Therefore, I believe President specifically decides to veto safety amendment addresses is, I be- that the bill should include alcohol the bill with the strengthened provi- lieve, one of the most serious problems under the provisions that relate to sion, we have a constitutional proc- in all of the legislation. A safe school school officials’ authority for the im- ess—the Founding Fathers thought it environment is a precondition for mediate removal of a disabled child out very clearly—which says that bill learning. who possesses a weapon or a controlled would come back here, to the Senate I listened to my colleague, for whom substance on school property. I hope and House, and we could override his I have the greatest respect, Dr. FRIST, that, when the managers again con- veto or not. So I do not think anything the Senator from Tennessee. He used sider legislation of this type, they will is lost by allowing Senator GORTON and some medical examples and indicated consider carefully the inclusion of the myself the opportunity to offer amend- that there are times when these unex- word ‘‘alcohol.’’ It does not hurt to ments in good faith. plained medical occurrences occur. I have it in, and it may help. You might say, You are offering your understand that. I respect that. I do In conclusion, I will vote for S. 717, amendments. Yes, we are, but we are not claim to challenge his medical the Individuals With Disabilities Edu- offering them with just about every- knowledge. But I hope we might speak cation Amendments Act of 1997, but I body out there against us, even though from the teacher’s point of view, be- would like to inform my fellow Sen- I believe our ideas are good. cause that is what this is all about. We ators that the manner in which we Senator GORTON made some very in- are not talking, here, just about help- have arrived at this point troubles me. teresting points on his amendment, ing children who need help. That is one Proponents of the bill have argued that and I rise in strong support of that part of it. There are children who need May 13, 1997 CONGRESSIONAL RECORD — SENATE S4367 help. But there are also children, for now dictating to the school district. to address that problem as they would whatever reason—whether it is because You can get the student out of the if any other student were causing it. they need help or because they got an classroom for 45 days. That is very nice Deal with the other problems, the prob- IEP that they should not have gotten, that the Federal Government and the lems behind this incident later, but get an individual educational plan—they Senate and the House and the Presi- the child out of the classroom. That is are disrupting the classroom. And dent have given the school districts a all Senator GORTON and I are asking there are other students in that class- directive that, yes, if you have a kid with this amendment. room. waving a gun around in Mrs. Jones’ It is not unreasonable, Mr. President. When I am standing before that class, let’s say in the sixth grade, you Schools should not be forced to adapt classroom, trying to teach 25 other stu- can take the kid out of school for 45 their own behavior policies on the basis dents, and this student blurts some- days. That is very good of the Federal of IDEA. This is a reasonable amend- thing out and disrupts the class, or Government to allow that to happen. I ment. I encourage my colleagues to waves a gun in class, or brings drugs applaud them for letting that happen. search their conscience, in spite of the into class, or shouts obscenities, or In addition, to show the kindness of effort to stop all amendments, in spite whatever else the student may decide the Federal Government even more, if of the effort to say this will destroy to do, it really, as far as the other 25 you provide an IEP, an individual edu- the bill, I plead with my colleagues to students in the class are concerned—I cation plan, for that student who is support the Gorton amendment be- do not really think that they are over- waving a gun around—you have to do cause of the reasons I have given. ly concerned at that point, when the that—you have to provide that help for Bear in mind, we all understand the classroom is disrupted and education is this student while he or she is out for rules, we understand the constitutional disrupted, as to what the cause is, or 45 days and then, after the 45 days, you provisions of what we do in the Senate. what the problem may be specifically have to bring the student back into the We all understand that if a bill is de- with this child. It is a problem. If it is classroom again. Now, that is real nice feated, it can be defeated because the a medical problem, it ought to get for the Federal Government to get into President vetoes it, it can be defeated medical attention. If it is a discipline that kind of micromanaging. because the Senate or the House de- problem, it ought to get disciplinary As a teacher who has the responsibil- feats it, but in this case, if the Senate attention. That disciplinary attention ity for educating the students and, in passes it with this amendment and the ought to come from the decisions of this particular case, the safety of the House passes it with this amendment, the teacher, parents, school board, students, we need a better way. I do who knows, the President may sign it school administrators—not from the not want the Federal Government to with this amendment. We do not know Federal Government. Not from the U.S. make that decision. I want the teacher the answer to that. And if he does not Senate. on the spot, the administrators on the sign it, we can override his veto, and if So, the school safety amendment is a spot to get that student out of the we do not override his veto, we go right commonsense addition to this bill. classroom and to find out whatever the back to where Senator JEFFORDS is That is all it is. It simply ensures that problem is. If it is a medical problem, now. So what have we lost? A little the rules governing discipline in fine, then deal with it as a medical time, that is all. schools may be formulated in such a problem outside the parameters of the But I guarantee you, if you talk to way as to treat all students uniformly. school district. The school district is those teachers out there in those inner Without this amendment, S. 717 will not a hospital, it is not a social service cities and other locations where these preserve the double standard that ex- agency, it is an educational institu- kinds of things are happening, it would ists under current law. Students will tion, and we have lost sight of that. be very interesting to hear their re- see there is one standard for students Everybody in America knows it, the marks in terms of how they feel about diagnosed with disabilities and another school districts know it, the students this. one for those who do not have such a know it, in some cases. Let me close by saying, again, I un- diagnosis. I believe honestly that without this derstand and respect what Senator Recently, my office received a call amendment we will eventually be JEFFORDS is trying to do. This is an ad- from a school board chairman in New forced to revisit this problem. This is vancement of current law in the right Hampshire complaining that a student not going to resolve the problem de- direction. I applaud that and support in one of the districts had brought a spite our best intentions. We are going that, but I resent the fact that we can- gun to school. He reported that because to be sending the message that the not make an attempt, where there are the student had been diagnosed with a Federal Government is not a help but deficiencies overlooked, where we are disability, the school board was power- an impediment to efforts to provide denied the opportunity to make the at- less to intervene. It goes without say- students with a safe learning environ- tempt to reform them because we are ing that without the diagnosis, the sit- ment. By sending that message, we will going to ‘‘undo’’ some compromise on uation would have been different. give citizens who want safe schools for the legislation. I ask you, Mr. President, if you are their children reason to doubt that the Mr. President, I yield the floor and standing in that classroom trying to Federal Government considers their reserve any time I have. teach those other students and a kid concerns worthy of serious attention. Mr. REED. Will the Senator yield? waves a gun around, at that point, do I do not believe we should send that Mr. SMITH of New Hampshire. Yes. you really care specifically what his message, Mr. President. Mr. REED. If I may, I would like to problem is? When somebody walks into Throughout this debate, we have comment on the bill in general and the a bank and waves a firearm at a clerk, heard that any successful effort to Gorton amendment specifically, if the at that point in time, are we really amend this bill, no matter how worthy, Senator will yield? concerned about how difficult his or is going to imperil the entire legisla- Mr. SMITH of New Hampshire. Mr. her childhood may have been, or are we tion. I ask my colleagues to think President, how much time do I have re- concerned about dealing with the now, about that for a moment. How does it maining? what is of utmost urgency, and that is imperil this legislation to say to a The PRESIDING OFFICER. Six min- the violence that is pending, imme- local school district, if you have some- utes. diately and then deal with the other body waving a gun around in a class- Mr. SMITH of New Hampshire. I see problem? Doesn’t that make more room, or doing drugs in a classroom, or no people on my side. I yield the re- sense, I say to my colleagues? That is in other ways disrupting the class- mainder of my time to the Senator all Senator GORTON is trying to do. room, how does it imperil this legisla- from Rhode Island. That is all his amendment does. tion to say that we want to add an Mr. REED. Mr. President, I thank the If you read on page 157 in the bill, ba- amendment on this bill that says that Senator for his gracious efforts. sically what it says is that if you have the school district, the teacher, the I rise today to support the reauthor- that student waving that gun, you can principal, the enforcement official, the ization of the Individuals with Disabil- get that student out of the classroom, police department, whatever it takes in ities Education Act, and also to oppose according to the Federal Government that local community, should be able the proposed Gorton amendment. S4368 CONGRESSIONAL RECORD — SENATE May 13, 1997 This legislation represents remark- have seen in the past and strengthen- The PRESIDING OFFICER. Without able progress to date, building on ing and emphasizing mediation and objection, it is so ordered. progress in the last 20 years with re- reconciliation processes rather than Mr. SMITH of New Hampshire ad- spect to IDEA. In 1975, when IDEA was going to immediate litigation. Indeed, dressed the Chair. first passed, 1 million children were ex- it also requires that complaints be The PRESIDING OFFICER. The cluded from the public school system specified so that we don’t get into an Chair recognizes the Senator from New and another 4 million children did not endless litigation process. All these Hampshire. receive appropriate educational serv- things together add, I think, to the Mr. SMITH of New Hampshire. Is the ices. sensibility and the streamlining that pending business now the Smith Working in a bipartisan manner this legislation represents. amendment? years ago, Congress passed IDEA, cre- With respect to the amendment be- The PRESIDING OFFICER. The Sen- ating a situation in which all children fore us at the moment, it would under- ator has not called up his amendment are entitled to a free appropriate pub- cut, I think, most of the progress we yet. have made to date in this reauthoriza- lic education. AMENDMENT NO. 245 tion. It would essentially undercut all IDEA has made a real difference in (Purpose: To require a court in making an the lives of children throughout this of the specific goals and objectives that award under the Individuals with Disabil- country. Over 5 million children from we have laid out carefully after consid- ities Education Act to take into consider- birth through age 21 are now enjoying ering this legislation. It would also, in ation the impact the granting of the award the benefits of the Individuals With a sense, undo so much of what has been would have on the education of all children Disabilities Education Act, and it has done so positively and progressively by of State educational agencies and local made a real difference. Indeed, the all parties coming together to deal educational agencies.) number of children with disabilities en- with this legislation. Mr. SMITH of New Hampshire. Mr. tering college more than tripled during To defer, once again, to local control President, I send an amendment to the the period between 1978 and 1991. The I think is to invite what took place be- desk and ask for its immediate consid- unemployment rate for those individ- fore IDEA, not because of insensitivity eration. uals with disabilities in the twenties is or any maligned intent, but the fact is, The PRESIDING OFFICER. The half that for the older generation. Sim- quite frankly, that millions of children clerk will report. ply put, IDEA demonstrates the posi- with disabilities did not receive an ap- The legislative clerk read as follows: tive and powerful role that Congress propriate education. It was only with The Senator from New Hampshire [Mr. can play and has played. Today’s bipar- the passage of IDEA in 1975 that we SMITH], for himself and Mr. GORTON, proposes tisan and bicameral effort builds on committed ourselves to ensure that an amendment numbered 245. that great success of the last 20 years. every child, including those with dis- Mr. SMITH of New Hampshire. Mr. I commend particularly Senator abilities, would have an appropriate President, I ask unanimous consent LOTT, Senator HARKIN, Senator KEN- education. that the reading of the amendment be This is the commitment we continue NEDY, Senator JEFFORDS, Senator dispensed with. today. This is the work of many FRIST, and Assistant Secretary for Spe- The PRESIDING OFFICER. Without months by my colleagues who worked cial Education and Rehabilitative objection, it is so ordered. so diligently. I hope today we not only Services, Judith Heumann, for all of The amendment is as follows: will reject this amendment but that we their efforts in leading this reauthor- On page 156, between lines 8 and 9, insert will overwhelmingly reaffirm the work ization process. the following: In March, I went up to Rhode Island that has been done, pass this bill, move ‘‘(I) LIMITATION ON AWARDS.—Notwith- and met with many of the teachers, ad- it forward, let the President sign it and standing any other provision of this Act (ex- let us build on more than two decades cept as provided in subparagraph (C)), a ministrators, parents and families who of success and, once again, reaffirm our court in issuing an order in any action filed are deeply involved and deeply con- commitment that in this country, pursuant to this Act that includes an award cerned about special education. We every child, regardless of their abilities shall take into consideration the impact the talked to them, we got their ideas, and or disabilities, will have a free appro- award would have on the provision of edu- I am very pleased to say this legisla- cation to all children who are students priate public education. served by the State educational agency or tion incorporates so many of the im- I thank the Senator and yield back portant ideas that they expressed to us. local educational agency affected by the the remainder of my time. order. For example, this legislation pro- Mr. JEFFORDS addressed the Chair. motes greater parental participation The PRESIDING OFFICER. The Mr. JEFFORDS. Mr. President, I ask by providing parents with regular re- Chair recognizes the Senator from Ver- unanimous consent that with respect ports about the progress of their chil- mont. to the amendment offered by Senator dren. It also includes parents in group Mr. JEFFORDS. Mr. President, we SMITH, there be 1 hour for debate, placement decisions which is so criti- are coming to the end of the discussion equally divided between Senator SMITH cal to the success of their child. This on this amendment. It is my intention and myself. I also ask unanimous con- legislation strengthens the individual to have it set aside. I would like to sent that no second-degree amend- education plan, the IEP, by including point out that this is not just JIM JEF- ments be in order. children with disabilities in school re- FORDS versus the cities and towns of The PRESIDING OFFICER. Without form efforts and also ensuring that per- America, as Senator GORTON stated. He objection, it is so ordered. formance assessments includes all chil- indicated that the teachers wouldn’t The Senator from New Hampshire. dren, including children with disabil- like it, but actually, this bill is backed Mr. SMITH of New Hampshire. Mr. ities. All of these efforts will strength- by the National Parent Network on President, I appreciate the Senator en the education that is provided to Disabilities, the AFT, and the NEA. It from Vermont working with me on this these young Americans. also has the support of the American amendment. I do not intend to use the In addition, this legislation strength- Association of School Administrators, full 30 minutes on my side. If it helps ens and emphasizes early intervention the National Association of Devel- to yield back some time on both sides services which are absolutely critical. opmental Disabilities, the Council of to expedite things, I am more than In my home State of Rhode Island, we Great City Schools, the National Asso- pleased to do that. screen every child for disabilities and ciation of Elementary School Prin- This, again, Mr. President, is another follow through with those children. cipals, and 32 other organizations rep- opportunity to strengthen this bill. People up in Rhode Island speak with resenting millions of people. I urge ev- Like the Gorton amendment, it is just great conviction and passion about the eryone to vote against the Gorton a commonsense amendment that sim- success of this aspect of the IDEA bill, amendment. ply underlines a commitment to fair- and we are building on that success I yield back the remainder of my ness and equity that I believe every today. time and I ask unanimous consent that Member in this body shares. My This legislation also reduces the pa- the Gorton amendment be set aside amendment would require a court mak- perwork and the litigation that we temporarily. ing an award under the Individuals May 13, 1997 CONGRESSIONAL RECORD — SENATE S4369 With Disabilities Education Act to $110,000 and $125,000 every year. That is would have on the education of all the take into consideration the impact the the cost of three teachers. This may be children, all the children, in the school granting of the award would have on justified, but sometimes it is not, is district—not just one, all of them. the education of all children in that the point I am making. I might say to you, is it fair to take State or locality. Using the example I cited in my last education away from kids who want it, The problem that the Smith amend- speech of the youngster with a gun in who need it, who deserve it, who ask ment addresses is a very real one. the classroom, if somebody determines for it, for the sake of someone who is a Again, talking with school boards, hav- that youngster must have an individ- discipline problem? Not someone who ing served on a school board, I can tell ual education plan, and the school dis- has a handicap or someone who has a you that litigation costs are consum- trict says, ‘‘Now, wait a minute. Hold need. I want to make that clear, be- ing a lot of resources that would other- on. This kid has disciplinary problems. cause I will be accused otherwise. That wise be dedicated to education services He does not have medical problems. He is not what we are talking about when or infrastructure development. has disciplinary problems. We want to we talk about kids who have legitimate In one instance, a school district was discipline him. We want to get him out needs. We are talking about these out- forced to pay $13,000 in attorney’s fees of this classroom.’’ But somebody dis- rageous individual education plans as a result of a dispute over less than agrees. Maybe the parents, maybe that are written, and the outrageous $1,000. I simply ask my colleagues if somebody representing the parents, examples of the kind that I gave you, a that is reasonable. maybe the Civil Liberties Union—who- kid is selling drugs on the school I ask unanimous consent that Sen- ever—but somebody disagrees. So ground, you have a kid waving a gun in ator GORTON be added as a cosponsor to sometimes when the school district the classroom, you have a kid shouting my amendment. looks at the ramifications, they think, obscenities in the classroom, and in- stead of worrying about getting the kid The PRESIDING OFFICER. Without ‘‘Well, if we go to court and fight this out of there and out of that environ- objection, it is so ordered. and lose, it could cost us $300,000. If we ment which is destroying the edu- Mr. SMITH of New Hampshire. Mr. give in and we cave in and say, ‘Well, cational opportunities of other stu- President, Senator GORTON, in discuss- OK, the kid is waving a gun around, he dents, we are worried about what the ing his previous amendment, which did must have a medical problem some- not relate directly to attorney’s fees, background is, what the reason is for where, something is wrong, he is wav- it. There is a justification for finding has provided me a copy with some of ing a gun around a classroom, we need the litigation costs in various school out the reason, but get them out of the an IEP,’ we might as well cave in be- school classroom where these problems districts in his State of Washington. I cause that will cost $100,000, and it is are occurring. will not go through them all, but if you better to pay $100,000 than $300,000.’’ We are not talking about a child with added all of the litigation costs up in 1 That is exactly what happens, Mr. Down’s syndrome here or a child who is year, the 1994–95 school year, it would President, over and over again, year blind or deaf or who needs some special be almost $1 million in litigation costs after year, district after district, all education to help that child learn. We just on special education, $330,000 in over America. They simply throw up are not talking about that. I voted for Seattle, alone. their hands and look at it simply on hundreds of thousands of dollars of tax- Now, if you add up all of those thou- the basis of a bottom line. ‘‘If I go to payer dollars to help those children as sands and thousands of dollars and you court and I lose, I will owe $300,000 in a school board member and as a Sen- end up with a total in excess of $1 mil- legal fees. If I go to court and win, ator. I am talking about some type of lion, if you are a teacher or an admin- maybe I will not owe them. But if I reasonable restriction on outrageous istrator or a private citizen thinking of lose I will have to pay, and for the sake legal fees that come right smack out of your own school district, you might of $100,000 IEP, knowing that the legal the pockets of those good kids, good ask ‘‘How many teachers, how many fees’ estimate may be three times that, kids who simply want to learn, those textbooks, how much infrastructure why, then, would I take the risk?’’ good kids and decent parents who say, could you provide for $330,000?’’ That is exactly what happens, Mr. ‘‘You know, I am sending my child into We have an adverse reaction around President. I have sat as chairman of school. I know the teachers are imper- here when we try to get anything done the school board and seen it happen fect. We are all imperfect. We are to knock any attorneys out of a dollar and participated in those decisions. human beings. I do not expect them to or two. There was a Washington Post They were bottom-line decisions. be perfect. I do not expect the school or story recently quoting lawyers brag- Now, let me tell you why this hurts the administrator to be perfect or the ging—and I will not cite names here, I children in those schools. Maybe I am classroom environment to be perfect, do not think that is important—but mistaken, but I think we are trying to but I am asking they be free from the there was a law firm in the city that reform this law because we want to threat of violence, they be free from got $2.4 million, according to school help students get a better education. the threat of drugs, free from the budget records, just on special edu- Now, the question you must ask the threat of outrageous outbursts of ob- cation, just on this law. In fact, one question you might want to ask is: Is it scenities and other things that may person was quoted as saying, ‘‘Winning fair to provide this kind of education, cause an impact on my child or their those cases is like taking candy from a this kind of alternative, at the expense child’s education.’’ That is all parents baby.’’ of other students? If it is going to cost are asking. What is so unreasonable I might just say, why is that? Well, I $300,000 to go to court, then I have to about that? took the time, Mr. President, to talk think, if I am a school board chairman, Who are we in the Federal Govern- to my school districts—not all of them, well, how about the other kids? What ment or the U.S. Senate or the House but I wrote to them and got a lot of happens to them? Let me tell you what of Representatives or the White House input back and attended some school happens: Those dollars go to the law- to tell the school district that they board meetings. I attended school yers. That is what happens. And we are can’t correct this? Who are we to do board meetings, about one a week for 6 letting it happen. that? If you can find that in the Con- years, when I served on the school I thought the point of a civil rights stitution, Mr. President, somewhere, board in another life before I came here law was to protect people from dis- anywhere, even implied, I will with- to Congress. Believe me, I have heard a crimination, especially minorities, not draw the amendment. It is not there. It lot of reasons and a lot of things about to provide minority group members is absolutely not there. We need to do what is wrong with this law as well as with benefits not available to the rest something about it. what is good with it. We know there of us. That is what I thought. Maybe I There was a principal from a school are good things about it. am somehow mistaken in that regard. in New Hampshire who wrote to me The Manchester school district, So, all my amendment does, all it saying that because of litigation costs, which has 100,000, roughly, citizens— does, is it simply requires a court, in ‘‘funding of other regular education not 100,000 students—a district of a lit- making an award under the IDEA legis- programs is being seriously jeopard- tle over 100,000 people, pays litigation lation, to take into consideration the ized.’’ He describes himself, this prin- costs on this issue alone of between impact the granting of that award cipal, as a member of a generation that S4370 CONGRESSIONAL RECORD — SENATE May 13, 1997 sought to extend equal opportunity to lutely not true to say that this bill will else. I am asking for the Senate to all. He concluded, with regret, that as be defeated if this amendment passes adopt this amendment to strengthen a result of excessive litigation the or the Gorton amendment passes. That this bill, to take money out of the IDEA has become ‘‘a law gone crazy. is not true, because it can be defeated pockets of lawyers and put it into the The students that are disadvantaged here and the President could veto it, educational opportunities of young now are the regular education chil- but we can override the veto. That is girls and boys throughout this country. dren.’’ the constitutional process. That is all my amendment does. If you I include in regular education chil- The need to address the problem of want it in the pockets of lawyers, vote dren those who have a disability, who litigation costs seems all the more against me. If you want it to be spent need help. Let me repeat that: I include pressing at a time when some of my for the schoolchildren, then vote for in regular education, children in that colleagues have begun calling for the me. That is it, pure and simple. category, those children who have a Federal Government to take over the Mr. President, I will reserve the re- special need, who need extra help—not job of building and maintaining the mainder of my time and yield the floor. the ones that are causing these prob- schools from State and local govern- Mr. JEFFORDS. Mr. President, I rise lems that are so outrageous in these ments. They want to take it over. Can in opposition to the Smith amendment. classrooms. you imagine that? The U.S. Senate, in I will not go into all I have said before I wish I could say this was just one this vote, is going to use the power of about why that is necessary. But the mere anecdotal example out of millions the Federal Government to prevent House today has completed debate of a and that it was not a big deal, but it is you from getting that child waving the version which is identical to the bill not. A study that was conducted by the gun or using the drugs out of the class- before us, and any amendment to it Advisory Commission on Intergovern- room but that same Federal Govern- would require us to go to conference. mental Relations shows that the IDEA ment is going to take over the job of The delay would give time for those is the fourth most litigated law in its maintaining school buildings. Can you who are opposed to the bill to try to study of unfunded mandates—unfunded imagine that? scuttle it, as they did last year success- Federal mandates. Is it any wonder Do we really want to do for public fully. that some lawyer from Washington, DC schools what we have done for public I want to point out several things would say ‘‘winning those cases is like housing? I think some do. I don’t. Per- with respect to the Senator’s amend- taking candy from a baby?’’ It is not. haps we in Congress would do better to ment. First, it is not necessary. Under I have talked to the school board ease the burdens of excessive regula- the bill as written, there is no award members. They throw their hands up in tion and litigation so that States and for legal fees without the courts saying the air. It is costing them money by localities can devote more of their re- there should be; it’s purely discre- the hundreds of thousands and millions sources to repairing or replacing crum- tionary. The courts, with their discre- of dollars, money that could be spent bling school buildings. tion, can take into account the effect on educating, yes, the truly needy spe- You know, it might be a good idea— of the award on the school districts, or cial needs kids, as well as the people in I hadn’t thought of it; it just came to whomever else. So there is that ability that classroom. mind—when the lawyers get the big fat to try to reduce the awards. It is in Again, for emphasis, I repeat what I settlements or legal fees by winning there now. The amendment is also not said earlier. Can you imagine being in these cases, which they take with great necessary, because mediation is work- a classroom, as a teacher or as a stu- glee—‘‘like taking candy from a ing. Due to changes in the approaches dent, with that kind of outrageous be- havior occurring, and then knowing as baby’’—maybe we ought to have an that have been taken, the cost of liti- a school board member that you have amendment that says they ought to gation and the number of court suits to tolerate it unless you want to break give 90 percent of it back to the school that have been brought as a result of the bank with legal expenses? district. Maybe they get an IEP or two appeals has gone way, way, way down. So, basically, what this amendment for some of these kids that really need So we are talking about something does that I am offering, it simply al- it. But that would be wrong. That is in that used to be a problem but is not a lows the court to pull back on these violation of capitalism, I guess, isn’t problem anymore. court costs, to have the flexibility to it? As I pointed out before in addressing say, look, $13,000 for a $1,000 IEP or Well, all you have to do, Mr. Presi- Senator GORTON’s amendment, I think $350,000 for a $10,000 IEP, those kind of dent, is look and see where all the he is talking about the State of Wash- fees are outrageous. They are not going money goes from the legal community ington of old, not the State of Wash- to be tolerated because we are not and who they are giving it to. There ington of the present. In fact, given the going to let some lawyer who wants to are a lot of lawyers in here and they do dramatic success with voluntary medi- fatten his wallet do so at the expense pretty well. So it is tough to beat the ation in Washington State and given of decent children in some school dis- lawyers in this body. the success and cost-benefit advantage trict in Anywhere, USA, from having I ask my colleagues simply to search associated with voluntary mediation of the opportunities of getting what he or your consciences, read the two amend- 38 other States, the bill requires all she deserves in that classroom. ments, the Smith and Gorton amend- States to offer voluntary mediation. That is wrong, Mr. President. That is ments, read what they do and ask your- So the bill is going to try to help rep- absolutely wrong to let that happen. self, is it the end of the world if this licate what happened in Washington, Yet, it is happening and we are encour- passes and this bill takes a few more which has decreased the number of ap- aging it to happen. We are encouraging weeks running through the process of peals so substantially—a 96-percent de- it to happen because we have some deal getting changed? That is all we are cline in due process hearings held be- struck that no one wants to break and, asking. If the process around here is to tween 1993 and 1996. It is a problem of therefore, we can’t offer an amend- strike a deal before we get stuff to the old. We can forget about it. ment. ‘‘Yes, you can offer an amend- floor, I am going to be the first Senator As far as the comments about waving ment, Senator SMITH, but everybody is out on the floor the next time that the gun and there being no remedy, going to oppose it. If you get five votes, somebody who votes for this bill says, that is not accurate. If a child’s behav- good luck.’’ Well, I just ask the Amer- ‘‘I would like to offer an amendment.’’ ior is not connected to a disability, ican people to look very carefully at I am going to say, ‘‘Excuse me, why are then he or she is treated like any other the votes, frankly. Those of you out you offering an amendment? I thought child except that there can be no ces- there in the school districts around we had a deal here. Isn’t that the way sation of services. So that certainly America, look at who votes on the Gor- you want to govern—strike the deal be- takes care of that. If the behavior is re- ton amendment and Smith amendment fore you bring the bill to the floor so lated to the disability, the child can and see whether they are there for you nobody can make any amendments?’’ usually be removed for not more than or not, because that is what it amounts This amendment would make this the amount of time that the school to. legislation a responsible piece of legis- system would remove a child without I don’t care what anybody tells you lation if we were to pass it. That is all disabilities but for not more than 45 on the floor of this Senate, it is abso- I ask. I am not asking for anything days. If at the end of 45 days the school May 13, 1997 CONGRESSIONAL RECORD — SENATE S4371 personnel propose to change the child’s ing about solving a nonproblem and fees as part of the cost of the parents of placement and the parents disagree creating a huge problem with respect a child with a disability who is the pre- with the proposal, the child must re- to the possibility that this bill might vailing party in a due process proceed- turn to the placement prior to the in- be, as happened last year, scuttled at ing, or court action. terim placement except if the school the last minute. In other words, if a parent prevails at personnel maintain that it is dan- I retain the remainder of my time an administrative hearing, they are en- gerous to do so and make a demonstra- and yield the floor. titled to fees. What fees? Reasonable? tion to the hearing officer that this is The PRESIDING OFFICER. Who They must be based on rates prevailing so. And that could go on until there is yields time? in the community for that time, and no risk. Mr. SMITH of New Hampshire. Mr. quality of services performed. Unlike The best way to help the commu- President, how much time do I have re- other civil rights statutes, no bonus or nities is to vote for this bill. It is im- maining? multiplier may be used to increase the portant to understand that, if we in- The PRESIDING OFFICER. The Sen- amount of fee awards. No award of fees crease IDEA funding—and that is the ator has 10 minutes. The other side has may be made for services performed effort this body and its Republican 221⁄2 minutes. subsequent to the time a written state- Members are putting their full weight Mr. SMITH of New Hampshire. I ask ment offer is made to the parents, if, behind—all that increased funding will for the yeas and nays on my amend- among other things, the relief finally not go to States. Rather, it will flow to ment. obtained by the parent is not more fa- the local governments. So, if you want The PRESIDING OFFICER. Is there a vorable to the parents than the offer of to help local governments take care of sufficient second? settlement. There is a sufficient second. I think this is really a critical point. problems—and sometimes there are The yeas and nays were ordered. problems—this money going directly to Mr. SMITH of New Hampshire. Mr. Again, I apologize to the Senator from them will assist them more than any- President, I yield the remainder of my New Hampshire. I do not know if he thing else. The States can’t pick any of time. covered this or not. it off. It goes right to the local govern- Mr. JEFFORDS. Mr. President, I Let’s say they have a written state- ment. So I just emphasize that, in my yield as much time as the Senator from ment of offer to settle. The parents de- mind, we have taken care of the prob- Iowa desires. cide not to do that, and they go on. lems. We are, again, in the position of Mr. SMITH. Then I will yield the re- From that point on, if the final judg- considering an amendment which could mainder of my time to the Senator ment is not more favorable than the be seriously disruptive. If adopted, it from Vermont. written statement offer, they get noth- will have no impact on solving real Mr. HARKIN addressed the Chair. ing beyond that point. They go at their problems, but it would raise the possi- The PRESIDING OFFICER. The Sen- own peril. bility of killing the bill. ator from Iowa is recognized. So, again, how can that be unreason- Let me give you an idea about the Mr. HARKIN. Thank you, Mr. Presi- able attorneys’ fees? lawyer’s fees and the history of that dent. I don’t intend to take a long pe- And the court must reduce the and let you know exactly what has to riod of time. I wanted to respond to my amount of the fee award whenever the occur before you can get an award. friend from New Hampshire. Let me, court finds the following: There was a case called Smith versus first of all, recap a little history on the First, the parent unreasonably pro- Robinson in 1984. This was a case that provisions in the bill which provide for tracted the final resolution; came to the U.S. Supreme Court. They reasonable attorney’s fees—again, Second, the amount of fees unreason- went through it and found out that, ac- keeping in mind you have to prevail in ably exceeds the hourly rate prevailing tually, there was no ability to award this case. in the community; attorney’s fees. So we went into the The provision here, what is in the Third, the time spent on the legal 1986 session and said there ought to be bill, is nothing new. This has been in services furnished were excessive con- an award for some under certain cir- the bill for a long time. In fact, I did a sidering the failure of the action or cumstances, but we should make sure little bit of research and found out that proceeding. that it is not in any way automatic and this first came under S. 415, the Handi- So this is all in current law—ade- is purely at the discretion of the court. capped Children’s Protection Act of quate protections to make sure that Let me read some of the phrases: 1986. And the person who was in charge there are not unreasonable attorney In any action or proceeding brought by of this provision was none other than fees in these cases. IDEA, or the parent or child with disability our own Senator ORRIN HATCH of Utah. So really this amendment offered by against the school, the court may award rea- I just thought I would read into the the Senator from New Hampshire real- sonable attorney’s fees. RECORD, again, what he said at that ly undermines the rationale for having ‘‘May.’’ That is discretionary. They time on July 17, 1986. attorney’s fees. could take into consideration every- He says that the agreement we are Again, let’s keep in mind one other thing Senator SMITH wants them to. now considering is a compromise which very important fact that I think keeps There is no limit on the discretion. I feel accomplishes two major objec- being ignored here when we are talking Also: tives. about IDEA. The Individuals With Dis- Attorney’s fees may not be awarded and re- First, it provides the reward of rea- abilities Education Act is a civil rights lated costs may not be reimbursed in any ac- sonable attorneys’ fees to prevailing statute. It talks about civil rights for tion or proceeding for services performed parents in Education of Handicapped kids with disabilities. I already went subsequent to the time of a written offer of Act proceedings. through that earlier today talking settlement to a parent, and if they had a Second, it includes the application about not discriminating on the basis good deal and didn’t accept it, they don’t get provisions from some court cases, of race, sex, creed, or national origin. attorney’s fees. Well, the courts have now said disabil- Attorney’s fees may not be awarded relat- which he mentioned, which I don’t ed to any meeting of the IEP team unless have to go through. ity too. You can’t discriminate on that such meeting is convened as a result of ad- In order to protect against excessive basis. ministrative proceeding or judicial action or reimbursements. Senator HATCH goes I have here a copy of all of the stat- at the discretion of the State or a mediation on to say, ‘‘Let me again emphasis that utes under which attorneys’ fees may is conducted prior to the filing of the com- the conference agreement developed be awarded by Federal courts and agen- plaint. was a compromise. Without the pas- cies in other civil rights cases. The I can go through more. I think you sage of this carefully crafted docu- Civil Rights Act of 1964; Public Facili- get the drift. It is very hard to get at- ment, handicapped children and their ties; Equal Opportunities; Fair Housing torney’s fees. Therefore, that is really parents cannot be fully protected since Act; title 8; Employment Act of 1967; not the problem. Plus the mediation they have no recourse under current Fair Labor Standards; Voting Rights process has reduced almost to zero the law, if their rights are violated.’’ Act of 1965; the Equal Credit Oppor- number of court appeals—only a hun- Again, that law now provides that a tunity Act; the Age Discrimination dred all last year. I think we are talk- court may award reasonable attorneys’ Act; the Rehab Act of 1973. And all of S4372 CONGRESSIONAL RECORD — SENATE May 13, 1997 those we get reasonable attorneys’ of children served. The law specifically It has represented a major change in fees. provides for reasonable attorney’s fees, the way our society views students So now are we going to say, ‘‘But, for and I just outlined what that means with disabilities—and has helped us the civil rights of kids with disabilities when Senator HATCH put this in the take concrete, measurable steps toward and their parents, no, that is dif- bill 11 years ago. improving the lives and education of ferent’’? Why don’t we carve out the And, third, we would not—no one all American students. Civil Rights Act of 1964, or public ac- here, I would think—would want to dis- In this process this year, it is my commodations on the basis of race or criminate on the basis of civil rights view that we have preserved the basic color? Why don’t we say, ‘‘Well, if you that in one civil rights case you get at- civil rights protections that were part have a civil rights case and it is based torneys’ fees but in another civil rights of IDEA when it was passed, and that on race, you don’t get attorneys’ fees, case you don’t. No. We don’t want any we have granted important flexibility if you prevail?’’ Why not? The Senator of that around here. For those reasons, to local schools and parents to work from New Hampshire says we will carve while I have every respect for the Sen- together in the best interest of chil- it out for kids with disabilities. Why ator from New Hampshire—and he is a dren. don’t we carve it out on the basis of good friend of mine—this is just a bad One thing evident from the process of race? idea, quite frankly. And I hope Sen- writing this bill—we do a great job How about religion? What if you got ators will reject this approach of try- here in the Senate in cranking out a complaint based upon violations of ing to divide out kids with disabilities pieces of legislation, but we must do civil rights based on religion, and you and their families away from every- more to monitor implementation of prevail? You say you don’t get attor- body else under the purview of civil these laws. Practices in the field of spe- neys’ fees? No. We say in the law you rights laws. cial education have improved dramati- get attorneys’ fees, if you prevail. Mr. President, I yield the floor. cally over 20 years; yet our methods of Equal employment I mentioned. Mr. JEFFORDS. Right now I would disseminating information—even in Title IX dealing with discrimination just like to say a couple of things. I the information age—have not kept based upon sex, we say, ‘‘Oh. Well, in think it is very clear that both of these pace. Much of the disagreement in the this case, however, if you are female, amendments are not necessary—in classrooms and communities of Amer- your civil rights have been violated fact, would create problems rather ica between special education folks and under title IX, and you bring action. than solve them, and that what we regular education folks is because we No. We are not going to give you attor- have is a bill which, if we are able to have let the ball drop on implementa- ney’s fees.’’ pass, will save money. That has not tion of IDEA. The sad part is that it Why don’t we have those amend- been mentioned, but the estimates are didn’t have to happen—the information ments offered around here? It is only it will save up to $4 billion a year in re- was there. the kid with disabilities. It doesn’t duced litigation and all of the other Information about how much more make any sense at all. problems that are inherent in the proc- effective it is to use mediation as an So let’s keep all of our civil rights ess as well as the fact that both amend- option to legal action. Information laws the same. If your civil right is vio- ments are trying to solve problems about what strategies of communica- lated on the basis of race, I submit to that are no longer there. In fact, the tion, teaching, and problem-solving can you it is no more onerous than if your Gorton amendment will create a mon- be used to prevent situations from es- civil rights is violated based upon dis- strous problem and solve none. calating to the point where they need abilities. And we shouldn’t discrimi- Mrs. MURRAY. Mr. President, I rise mediation. In places where people have nate under the Civil Rights Act, and we today to send a message to parents and good information, and exercise leader- shouldn’t here either. educators across this nation. No mat- ship, you just see fewer problems. So I oppose the amendment because ter if they are the parents of a disabled It has been obvious for some time to it undermines the rationale. It subjects child, or the superintendent of a rural educators and parents alike that—as the parents of children to a double or urban school system, each one of with other Federal laws—there is a standard compared to other civil rights them will have something to be pleased wide variety in what special education bills. We have to keep these things the about in the 1997 reauthorization of means from community to community. same. IDEA. As with most legislation, no one Some of this variety is as it should be. Last, the data doesn’t support the as- is completely happy with every para- Decisions about how educational serv- sertions that the fee is a result of pro- graph and clause. And yet, with issues ices are delivered are best made with liferation of litigation. I looked up New so complex and needs so great, I find it local flexibility. But basic protections Hampshire. For 1 year—1995–1996—New remarkable that we have before us afforded by civil rights law, and effec- Hampshire had 10 complaints that went such a potentially successful bill. tive techniques that improve student through due process. Do you know how It is testament to the work we have learning, should not be subject to the many become court cases? Zero. This is done over the past 2 months that we whims of geography. an amendment looking for a problem. have brought the discussions over the The IDEA reauthorization legislation There is no problem out there. Ver- past 20 years of IDEA to a productive recognizes this, and makes several mont has zero. Arkansas has zero. next step. I have always believed that changes that will benefit all students Again, it is just not a big problem we do our best work when we agree to and members of their community. out there at all. sit down, put differences aside, and First, the new law codifies court de- In my State—I might as well talk work toward the common good, using cisions, regulations, and other inter- about Iowa—we had four due process common sense. This is exactly what pretive documents so that the law it- hearings, and we had three cases go to the American public expects us to do. self better reflects its current uses. court. The negotiations over the IDEA bill Second, the law improves educator Out of the thousands—this is what is represent this philosophy and put it training, methods for sharing informa- interesting. In California, one of the into action. tion, and improves the process for de- largest States, we had 1,289 requests for I want to congratulate Senators HAR- veloping and using the individualized due process hearings. Out of that, 1,114 KIN, KENNEDY, LOTT, JEFFORDS, and education plan—the key to disabled were disposed in mediation. We had 57 FRIST for all the great work they and students getting the services and chal- hearing decisions rendered out of 1,289 others have done. I also want to thank lenges they need. requests. That is just not much of a the education community for working Third, practices to achieve safe and problem. That is out of 550,000 students together through differences, to get to well-disciplined schools have been im- in California receiving special edu- a bill that can pass and will work for proved or more clearly articulated in cation. Out of 550,000 students, only 57 students in regular education and spe- the bill—so it will be clear that stu- had a hearing decision rendered. cial education in schools and commu- dents whose behavior causes disturb- So, again, the number of due process nities across the land. ance in the classroom will get help if hearings per year averages about one- The Individuals With Disabilities in that behavior is part of their disabil- hundredth of 1 percent of the number Education Act is 20 years old this year. ity, and if the behavior is determined May 13, 1997 CONGRESSIONAL RECORD — SENATE S4373 not to be part of their disability, they lieve that we all benefit immeasurably major goal of the working group was to are subject to appropriate disciplinary from their developed talents and abili- review, strengthen, and improve IDEA action. ties. While there have been problems to better educate children with disabil- This bill represents improved results with IDEA, it is my belief that the ities, and enable them to receive a for all students in our schools. It ties a problems stem not from the law itself, quality education. With this goal in student’s individualized education plan but from the enforcement and imple- mind, the working group agreed to to the educational goals and assess- mentation of this law. start with current law and build on the ments for nondisabled students—so we I know the bill we have before us rep- actions, experiences, information, and set high expectations and provide clear resents a delicate compromise—and research gathered over the life of the opportunities for achievement. The bill that any successful amendment has the law, particularly over the past 3 years. includes parents in decisions regarding potential to make the deal crumble. I The group met for 7 weeks, often for 12 placement, because we recognize that a have not come to the floor this morn- hours a day, to reach an agreement child’s needs are uniquely the concern ing seeking to change this bill. But I that all could support. of her or his parents. cannot vote for this bill without point- I believe that the bill improves cur- This bill will serve as a vehicle to in- ing out the trouble spots I see. The dis- rent law in several ways. The bill in- crease funding for IDEA, so the Federal ability community has not had much cludes significant increases for the Government can meet its obligations time to fully analyze this bill. This is IDEA preschool program and signifi- to disabled students. The bill holds a fact that I mentioned in my letter cant increases for the early interven- outside agencies responsible for their last Monday to Chairman JEFFORDS tion program under part H. share of the health or other costs of and Senator KENNEDY, while asking The final agreement significantly im- serving disabled students, so we can them to postpone this markup. proves and strengthens the Individual- A quick review of this bill shows clarify that local schools do not bear ized Education Plan [IEP] by, among that, at least among parents and stu- all responsibility for these costs. other things, relating a child’s edu- dents, the discipline section has raised People from different perspectives cation to what children without dis- the most red flags. There is a concern will find things to praise in this bill. abilities are receiving and providing re- Perhaps the best thing is that we will that a manifestation determination re- view will be a very difficult process for port cards just like nondisabled stu- reauthorize IDEA this year, so people dents receive. Of great concern to my can predict what the future will hold, parents, particularly low-income par- ents who may not have access to psy- home State of Minnesota, the bill re- and have access to more and better in- chologists and other professionals. Ad- tains short-term objectives which are formation. The tension in this country vocates are particularly worried about planned goals in the education of chil- between regular education and special the courts being replaced by an admin- dren with disabilities that parents con- education has boiled for too long. This istrative hearing officer because they sider a crucial device for ensuring suc- IDEA reauthorization bill will not pit may be appointed by an LEA, there are cess and accountability. The bill also people against one another; it will different rules of evidence and there is specifies that regular teachers will be bring us together in service to all stu- no assurance that they will be attor- part of the IEP team, where appro- dents. neys or appropriately qualified. An- priate, and the report language encour- IDEA other concern raised by parents is how ages the participation of school health Mr. WELLSTONE. Mr. President, at substantially likely to result in injury professionals where appropriate. a time when communities are demand- to self or others will be interpreted. The new bill requires parents to be ing that schools provide quality edu- Children with autism, Tourette’s syn- included in the group making place- cation; at a time when many schools drome, ADHD or ADD and severe emo- ment decisions about their child, as op- talk of scarce resources; at a time tional disturbances are especially at posed to current law, which in some when parents ask that their children’s risk. States allows another group other than schools be safe and orderly places to And last we need to ask where chil- the IEP team to make placement deci- learn—it is easier sometimes to find a dren will be placed—what alternative sions. scapegoat than to address the real placements are available? If the pri- The new bill ensures that States and problems. I am greatly concerned that mary alternative is home-bound place- local school districts include children the scapegoat has become children ment we will see families facing incred- with disabilities in their performance with disabilities. Even though they ible stress and financial hardships. If goals, indicators, and general assess- have only had the right to an edu- the primary alternative is a segregated ments. The bill ensures parental con- cation for 22 years—I have heard over setting we run the risk of returning to sent for triennial reevaluations—not and over again that it is those children a system that offered minimal edu- just initial evaluations as under cur- who gobble up scarce resources and cation to children in isolated, ware- rent law—and ensures that evaluations who prevent other children from re- house-like settings. are relevant to the child’s instruc- ceiving a decent education. That said, I would like to congratu- tional needs. But I have heard from parents whose late the leadership team that assem- The bill includes improvements in children have disabilities, I have met bled this bill in marathon sessions for the early intervention program, includ- these children. They just want to the last 8 weeks. On February 20, 1997 a ing clarification that infants and tod- learn. And the civil rights statute that bipartisan, bicameral working group dlers should receive services in natural we passed 22 years ago says that to not was established to develop a com- environments, such as their homes, educate them is to illegally discrimi- promise bill. This working group in- where appropriate. nate against them. But still, these stu- cluded a representative from the De- IDEA funding will now cover support dents and parents are afraid that partment of Education—Judy services related to a student’s disabil- schools will retreat to segregation and Heumann, Assistant Secretary for Spe- ity. For example, the final agreement separate schooling. We must listen to cial Education and Rehabilitative now lists orientation and mobility these voices of pleading and concern. Services—and the following offices: services for vision-impaired children as There are 100,000 children in Min- Harkin, Kennedy, Dodd, Jeffords, a related service—currently required nesota that are protected by this stat- Coats, Frist, Martinez, Scott, Miller, by interpretation—and includes report ute, and up to 200,000 parents. IDEA Goodling, Riggs, and Castle. The language clarifying that children with strives to keep these students in school facilitator of the group was David disabilities should receive travel train- in as normal an environment as pos- Hoppe, the majority leader’s chief of ing—including how to use public trans- sible because integration gives them staff. A member of my staff was inti- portation where it is deemed appro- the chance they deserve. What a noble mately involved in this process, and by priate as part of their IEP. goal. What achievements we have seen his and all accounts this was an im- The bill requires States to monitor over the years since the law was writ- pressive display of bipartisan negotia- school districts to determine whether ten. The first generation of IDEA edu- tion. they are disproportionately segregat- cated children are just now coming The first work product of the group ing minority children in certain place- into their own in this country and I be- was a statement of principles. The ments and to determine whether there S4374 CONGRESSIONAL RECORD — SENATE May 13, 1997 is a disproportionate number of long- tle opportunity to receive a public edu- tive burdens under the new formula, I term suspensions and expulsions of cation. Over 20 years later, IDEA has believe that this approach goes in the children with disabilities. been successful in providing oppor- right direction. The bill gives the Secretary and tunity to children with disabilities. S. 717 focuses on the crucial areas of State educational agencies [SEA’s] S. 717 retains the principles outlined increasing funding for special edu- greater power to implement the law by in the current law. There are five prin- cation, teacher training, and early providing authority to withhold all or ciples that IDEA encompasses: First, intervention for children with disabil- some funds when schools violate IDEA. educational planning for a child with a ities. Currently, the Secretary is required to disability should be done on an individ- This legislation reaffirms our coun- withhold all funds if there is a viola- ual basis; second, parents of a child try’s commitment to educating dis- tion; this punishment was viewed as with a disability should participate in abled children. I urge my colleagues to too strict and never applied. educational planning for their child; support this legislation. The bill contains provisions to ensure third, decisions about a child’s eligi- Mr. DODD. Mr. President, I rise that increases in Federal appropria- bility and education should be based on today in strong support of the legisla- tions are not offset by State decreases objective and accurate information; tion before us today to reauthorize the in spending. The State maintenance of fourth, if appropriate for a child with a Individuals With Disabilities Edu- effort provisions give reasonable au- disability, he or she should be educated cation Act. It is a strong, balanced bill. thority to the Secretary of Education in general education with necessary One that I am a proud cosponsor of and to establish criteria for exceptions if services and supports; and fifth, par- one that I believe we should all be necessary. ents and educators should have means proud to support. The bill codifies local maintenance of of resolving differences about a child’s Getting to this point has not been effort provisions from regulations and eligibility, IEP, educational place- easy and I would like to thank our ma- includes reasonable additional exemp- ment, or other aspects of the provision jority leader, Senator LOTT, Senator tions for when a locality need not of a free appropriate public education JEFFORDS, Senator KENNEDY, Senator maintain financial efforts for special to the child. HARKIN, and others for all of the time education—for example when a teacher Under current law infants and tod- they have invested in putting together at the high end of the pay scale retires dlers have the right to receive early this strong and balanced bill and for and is replaced by a recent graduate. intervention services and children with assigning it such a high priority for The bill reduces paperwork. State disabilities are placed alongside chil- consideration by the full Senate. and local applications need be submit- dren without disabilities. Children with There has been a great deal of debate ted only once and thereafter they need disabilities deserve no less than fair about this bill in the last several years. to submit only amendments neces- treatment. But one thing is very clear. In its over sitated by compliance problems or Over 5 million special education stu- 20 years, IDEA has made an incredible changes in the law. dents are served under IDEA. Decades difference to millions of American chil- Importantly, when it comes to dis- dren, their families, and society as a cipline, the bill provides for no ces- of research have shown that educating whole. sation of services for IDEA students, children with disabilities is successful Before the passage of this landmark no separate IDEA provision on the by having high expectations of special legislation, children with disabilities treatment of disruptive children, and education students; strengthening the were frequently excluded from schools, no unilateral authority to determine role of parents in the education of their and some had absolutely no oppor- who is dangerous and remove them. child; coordinating State- and district- These improvements in the IDEA law wide assessments; providing an edu- tunity for education at all. Expecta- do make a difference and I’m pleased cation in the least restrictive environ- tions for these children were low. Not that they were adopted. But the draw- ment; and supporting professional de- only was great potential undervalued backs I mentioned earlier hamper my velopment for teachers who work with and lost, but also we lost as taxpayers enthusiasm for the bill. While I will special education students. who often picked up the tab for a life- vote for the bill today, I have chosen I am concerned, however, about the time of support. State and commu- not to cosponsor this bill. I hope that disproportionate number of minority nities were struggling with increasing Members will continue to listen to the students who are identified as special litigation and state court rulings re- voices of parents, who are faced with education students. I support the goal quiring them to serve all children in the daily task of raising and educating of this legislation to provide greater ef- the schools. their children. They know firsthand forts to prevent the problems associ- IDEA brought us all together—the how IDEA is implemented at the local ated with mislabeling and the high Federal Government, States, local level and thus we must listen to—and dropout rates among minority children communities, schools, parents and stu- address—the concerns that they raise. with disabilities. dents—behind a firm commitment, a Let us all remember who this bill is My State of Maryland will receive promise to meet the educational needs for, and strive to make it work for approximately $61 million this year to of children with disabilities. them. provide support services to over 100,000 Since that time, we have made huge Ms. MIKULSKI. Mr. President, I am students with disabilities in local improvements in affording children pleased to join with my colleagues in school systems. I believe this legisla- with disabilities the same opportuni- cosponsoring this important legisla- tion will help support my State’s ef- ties open to other students. Today, tion, S. 717, to reauthorize the Individ- forts to educate disabled children. more than half of all students with dis- uals With Disabilities Education Act I support Federal funding for imple- abilities go onto college and 57 percent [IDEA]. mentation of IDEA. I believe that of youth with disabilities are competi- S. 717 is the result of a bipartisan ef- funds should keep pace with student tively employed within 5 years of leav- fort, which included parents, special in- enrollment. This legislation maintains ing school. terest groups, and educators. My col- part of the formula in current law, These students go on to good jobs in leagues in both the House and Senate which provides part B funds based on every sector of our economy. Not only worked hard in crafting this legisla- the number of children with disabil- are they workers, they are taxpayers. tion. ities served. Once a trigger of $4.9 bil- But the impact of IDEA is broader; it I believe that this bill will strength- lion is reached, which amounts to ap- works for all students. Nondisabled en the current law. IDEA is a civil proximately $850 per child, a new for- students live, work, and learn along- rights statute. It guarantees that every mula based on census, 85 percent, and side all the members of their commu- child with a disability has the right to poverty, 15 percent, will apply to any nity. Those are skills that over the a free appropriate public education. new funds in excess of the appropria- long run make our whole society Public education is one of the core val- tion for the previous year. stronger. ues of our country. Although I have some concerns about Unfortunately, over the last several Before the enactment of IDEA in how States will be able to implement years, concerns have been raised about 1975, children with disabilities had lit- and handle the additional administra- IDEA—concerns about cost of services, May 13, 1997 CONGRESSIONAL RECORD — SENATE S4375 discipline, the low Federal contribu- as well as to individual families. Rep- does not provide special education tion, litigation and inclusion. There is resentatives in my own State of West services in adult prisons, and as a re- no question, it has been a difficult few Virginia have communicated to me sult, faces the loss of over $300 million years. But we have something to show that they want to continue to be able in Federal special education assist- for all the debates and questions: this to be serviced by these clearinghouses ance. It seems unconscionable to me bill. with whom they have developed long- that the needs of approximately 600,000 One thing has not changed in this standing and trusting relationships. California special needs children could bill—children with disabilities remain Does the bill continue to authorize be jeopardized because my State does at its core. But in this reauthorization, all the activities currently carried out not provide special education services we have improved IDEA to ensure that by the national clearinghouses? to an estimated 1,500 prisoners. the law does not stand in the way of Mr. HARKIN. Yes. The bill authorizes It is my understanding that this bill meeting children’s needs. all the current activities and allows makes several significant amendments Administrative requirements are the Secretary to support national to these provisions and dramatically clarified and streamlined. Discipline clearinghouses. changes the scope of sanctions that can procedures, which have been the focus Mr. BYRD. I note in section 685 that be imposed on States for failing to pro- of so much attention, are modified to the statutory language states—and I vide special education services to those provided school officials with addi- will paraphrase—that the Secretary incarcerated in adult prisons. Would tional tools to ensure the safety of all should provide these authorized serv- the Senator elaborate on these children. Mediation systems to resolve ices utilizing ‘‘mechanisms as insti- changes? disputes about the placements of chil- tutes which include regional resource Mr. HARKIN. Under the legislation, dren are required in each State. We centers, clearinghouses, and programs States are authorized to transfer the also clarified that attorney’s fees are that support State and local entities.’’ responsibility for educating juveniles I want to make sure that this lan- not allowed during the development of with disabilities convicted as adults guage, even though somewhat general the Individual Education Plan or in and incarcerated in adult prisons from would allow the Secretary to utilize a pre-complaint mediation. In addition, State and local education agencies to Federal resource center, as well as re- parents must provide school districts other agencies deemed appropriate by gional centers. The Federal center pro- with more detailed information on the Governor, such as the State De- vides a longstanding, vital, and sup- their concerns to avoid protracted partment of Corrections. porting role in keeping regional cen- legal battles. Mrs. BOXER. What are the con- ters supplied with and connected to the This bill also better defines the role sequences of the transfer of authority latest technical information and re- of other partners in the effort to meet in terms of the ability of the Secretary search development within this spe- these special needs. Regular classroom to withhold IDEA funds allotted to the cialized field, in addition, the Federal teachers are clearly defined as part of State? resource center has traditionally co- the students’ IEP team. The parents’ Mr. HARKIN. If a State makes such a ordinated some of the activities of the role is strengthened or clarified. In ad- transfer and if the Secretary finds that regional centers. dition, states have new authority to Does S. 717 allow the Secretary to the public agency is in noncompliance, collect from noneducational agencies utilize a Federal resource center in this the Secretary must limit any withhold- for noneducational services, such as role? ing action to that agency. Further- speech therapy. The IDEA bill before Mr. HARKIN. The bill allows the Sec- more, any reduction or withholding of us also provides new enforcement tools retary flexibility in the mechanisms payments must be proportionate to the for the Department of Education to en- used to provide State and local entities number of disabled children in adult sure that this law is properly imple- the technical assistance they need to prisons under the supervision of that mented and enforced. improve results for children, youth, in- agency compared to the number served Beyond the larger issues, there were fants, and toddlers with disabilities. A by local school districts. For example, several issues of deep importance to me Federal resource center is one mecha- if 1 percent of the disabled students that I am pleased to see in this final nism the Secretary could use to carry were in adult prisons, the Secretary bill. Language is included reaffirming out his responsibilities under this sec- could only withhold 1 percent of the the importance of braille instruction to tion. funds. students with visual impairments. The TREATMENT OF PERSONS WITH DISABILITIES IN Mrs. BOXER. In the State of Califor- bill also reauthorizes a program provid- ADULT PRISONS nia, approximately one-fourth of 1 per- ing support for an unique and wonder- Mrs. BOXER. Mr. President, I would cent of all people eligible for special ful effort, the National Theater of the like to enter into a colloquy with Sen- education are convicted of felonies as Deaf. The Theater, which is based in ators HARKIN and JEFFORDS regarding adults and incarcerated in adult pris- Chester, CT, has traveled across the the treatment of those with disabilities ons. country and world inspiring and enter- who are convicted as adults and incar- It is my understanding that under taining hearing and nonhearing audi- cerated in adult prisons. this bill, if California does not provide ences. Mr. HARKIN. I would be pleased to special education services in prisons it Mr. President, fundamentally, this is enter into a colloquy with my col- stands to lose only one-fourth of 1 per- a good bill—a strong bill that will league, Senator BOXER. cent of its allotted share. California guarantee us the full potential of all of Mrs. BOXER. As my colleagues are would no longer face the possible loss our children. I am hopeful that my col- aware, the Department of Education of 100 percent of its allotted special leagues will join me in strong support has determined that the requirement education funds. I would ask the Sen- of this effort. that States provide eligible students ator from Iowa, is my understanding SECTION 685 COORDINATED TECHNICAL ASSIST- with a free, appropriate public edu- correct? ANCE DISSEMINATION—NATIONAL CLEARING- cation extends to people under age 21 Mr. HARKIN. The Senator is correct HOUSES convicted of felonies as adults and in- that any withholding of Federal funds Mr. BYRD. Under section 685(d) Na- carcerated in adult prisons. Under cur- will be limited to the proportional tional Information Dissemination the rent law, if a State fails to provide spe- share attributable to disabled students first five authorized activities listed cial education services to eligible pris- in adult prisons. Other funds would not have traditionally been performed uti- oners, that State faces the loss of all be withheld. lizing the services of the national Federal special education funding. I be- Mrs. BOXER. I would ask the distin- clearinghouses. lieve strongly that this mandate is guished chairman of the committee, The national clearinghouses, which wrong. I introduced legislation last Mr. JEFFORDS, if he agrees that under have been in existence for over 25 week, S. 702, which would amend IDEA this bill, States do not face the total years, have developed very effective, to exempt people convicted as adults loss of Federal special education funds specialized and targeted lines of com- and incarcerated in adult prisons. for failing to provide special education munications to State and local entities This issue is particularly important services to those convicted as adults serving this population of special needs to the State of California. My State and incarcerated in adult prisons. S4376 CONGRESSIONAL RECORD — SENATE May 13, 1997 Mr. JEFFORDS. I do agree. Mr. JEFFORDS. Reserving the right . . . According to our Constitution and laws, Mrs. BOXER. I am particularly trou- to object, I would like to just get us the people are the owner of this nation and bled that under current law, States are out of the situation we are in and then the government is merely an agent of the required to develop an IEP for eligible be happy to turn it over to morning people. The government must respect the sovereignty of the people, namely the indi- students even if they have been sen- business, if that is all right with the vidual freedoms and political rights of each tenced to life without the possibility of Senator. citizen, including the right of people to parole or even sentenced to death. Mr. WELLSTONE. I am sorry. Yes, of know, the right to criticize and supervise the Would the Senator from Iowa comment course. government, even to replace the government. on the authority to modify an IEP for Mr. JEFFORDS. I yield back the re- If the government abolishes or suppresses such incarcerated individuals? mainder of my time. such democratic rights, then it becomes an illegal government and loses its legitimacy, Mr. HARKIN. Public agencies may f modify an IEP for bona fide security or which is based on the Chinese Constitution. MORNING BUSINESS Therefore, if the general charges brought by compelling penological reasons. For ex- the indictment against the human and de- ample, the public agency would not be Mr. JEFFORDS. I ask unanimous mocracy movement are valid, then the gov- required to develop an IEP for a person consent that there now be a period for ernment it represents is not the legal Chi- convicted as an adult and incarcerated the transaction of morning business nese Government and the charges it brings in an adult prison who is serving a life with Senators permitted to speak up to are illegal. sentence without the possibility of pa- 5 minutes each. Mr. President, these are words that role or is sentenced to death. The PRESIDING OFFICER. Without might have been uttered by Thomas This exception applies to those in- objection, it is so ordered. Jefferson. I again want to just rise in mates for whom special education will Mr. JEFFORDS. Mr. President, I the Senate today and call on all of my have no rehabilitative function for life yield the floor. colleagues to stand up for Wei after prison. Our aim in assuring that f Jingsheng, this extraordinary man. He prisoners receive special education is has now been sentenced to 14 years in to make them better able to cope after RELEASE WEI JINGSHENG prison under austere conditions that prison, resulting in a safer environ- Mr. WELLSTONE. Mr. President, I threaten his life. Today is the publica- ment for all of us. This goal does not rise today to ask the Chinese Govern- tion of the book, ‘‘Courage To Stand apply for those who will not return to ment that the Chinese Government im- Alone.’’ This is a collection of Wei’s society. mediately release Wei Jingsheng, an letters to Chinese leaders, prison offi- In addition, the provisions requiring extraordinary man who tells truth to cials, and to his family. participation of students with disabil- power, authoritarian and arbitrary He is a remarkable man, as I have ities in statewide assessments will not power. I meant to bring his book to the said before. This is an extremely im- apply. Further, the transition services floor. It is being released today, May portant work. He is eloquent. If you requirements will not apply to stu- 13. think about the conditions under dents whose eligibility will terminate Mr. President, the publication date of which he has written these letters, it before their release from prison. this book is today. The title of the makes this all the more remarkable. Finally, the obligation to make a book is ‘‘Courage To Stand Alone.’’ I It is not only urgent that the Chinese free appropriate public education avail- have very limited time, but I just want Government release Wei, but also that able to all disabled children does not to say on the floor of the Senate, be- it provide him with the medical care apply with respect to children and 18 to cause I really believe there ought to be that he desperately needs but has been 21 to the extent that State law does not a focus on Wei Jingsheng, that this is a denied. He has a heart disease that require that special education and re- man of tremendous courage. I have had threatens his life, severe hypertension, lated services under this part be pro- a chance to skim-read the book. I am and a serious back ailment that ren- vided to children with disability, who, going to read it word for word. ders him unable to hold his head erect. in the education placement prior to I know that Wei Jingsheng was in The Chinese Government ought to re- their incarceration in an adult correc- prison from 1979, I believe, until 1993. lease this courageous man. He is a pris- tion facilities, were not identified as Then he was released, and then again oner of conscience. being a student with a disability, or did he spoke out, as anyone should do, Today is the publication of a remark- not have an IEP. about the importance of freedom and able book, ‘‘Courage to Stand Alone.’’ Mrs. BOXER. Does the legislation democracy, and again he finds himself Wei Jingsheng is a man who represents modify in any way the responsibilities in prison. the very best of the tradition of our of adult prisons to prisoners with dis- Mr. President, I hope that my col- country. He is a man who has spoken abilities under section 504 of the Reha- leagues will all help me in calling for up for human rights and democracy bilitation Act of 1973 or the Americans his release. I know Senator HELMS has and has paid a terrible price for it. I be- With Disabilities Act? signed this letter. So has Senator KEN- lieve it is important for all of us, re- Mr. HARKIN. No, these laws still NEDY. I am very pleased to work with gardless of political party, all of us in apply. both of those Senators, and, in addi- our country to speak up for prisoners Mrs. BOXER. Does the bill make any tion, Senator MOYNIHAN has signed this of conscience. In this particular case, I changes to current law with respect to letter as well. We are going to add take the Senate floor to call on the disabled students incarcerated in juve- more and more signatures. We are talk- Chinese Government to release Wei nile facilities? ing about a man who is in very poor Jingsheng from prison, to release him Mr. HARKIN. No. health. I just want to quote from Wei’s from prison today and to provide him Mrs. BOXER. I thank the Senator for outline of ‘‘My Defense’’ which was de- with the medical care that he needs. entering into this colloquy with me. livered at his trial on December 13, Mr. President, again, I hope my col- Mr. HARKIN. I thank the Senator for 1995. leagues will join me in this effort. I raising these important issues. To sum up, the basic error of the indict- hope my colleagues will have a chance Mr. JEFFORDS. Mr. President, I ment . . . is that it confounds the actions of to read this remarkable work, ‘‘Cour- would make a point of order that a defending human rights and promoting de- age To Stand Alone.’’ I hope it becomes quorum is not present. mocracy and reform with ‘‘conspiracy to a best seller in the United States of The PRESIDING OFFICER. The subvert the government.’’ Therefore, any- America. clerk will call the roll. thing that can be linked to the ‘‘Democracy In the 30 seconds I have left, let me The assistant legislative clerk pro- Movement’’ or ‘‘human rights’’ is an act of just say, personally I do not know how ceeded to call the roll. conspiracy and subversion. . . . A govern- people find the courage. If I lived in Mr. WELLSTONE. Mr. President, I ment that can be subverted by a movement such a country and I thought that by of human rights and democracy can only be ask unanimous consent that the order a government with a contradictory and oppo- speaking up I could wind up in prison, for the quorum call be rescinded. site nature, a government that does not re- or even worse, that my children could The PRESIDING OFFICER. Without spect human rights or promote democracy, a be rounded up and that they could end objection, it is so ordered. government of ‘‘feudal, fascist dictatorship.’’ up being tortured or they could end up May 13, 1997 CONGRESSIONAL RECORD — SENATE S4377 being in prison, which so often happens women like Wei Jingsheng can Reagan said, ‘‘Democracy is not a frag- in these countries headed by repressive strengthen and enrich their country—if ile flower. Still, it needs cultivating. If governments, I do not think I could only they are set free. the rest of this century is to witness find the courage to speak up. f the gradual growth of freedom and I think it is time all of us in the U.S. democratic ideals, we must take ac- Congress speak up for men and women CALLING FOR THE RELEASE OF tions to assist the campaign for democ- like Wei Jingsheng who have had the WEI JINGSHENG racy.’’ courage to stand alone. I think it is ex- Mr. ASHCROFT. Mr. President, I join Mr. President, we must ask ourselves tremely important that we do every- with other Senators today in calling if we are taking those actions to cul- thing we can to call on the Chinese for the immediate release of Chinese tivate the flower of liberty in China. Government and to make it crystal dissident Wei Jingsheng. Wei Has our commitment to human rights clear to the Chinese Government that Jingsheng exemplifies China’s best as- and civil liberties been constant? Have they ought to release this courageous pirations for democracy, and his im- we defended international norms man from prison, and other prisoners prisonment exemplifies the worst of against weapons proliferation that the of conscience as well. If they do not do the Communist cadre that stands in free people of the world have embraced that, then I think all of us ought to the way of freedom for a nation of over for their mutual protection? One need look at trade relations and other rela- one billion people. Wei’s imprisonment only look at the record of political re- tions with China and other countries is only one story in the broader trag- pression in China and China’s arming that violate the basic human rights of edy of brutal political repression that of Iran to see that the Clinton adminis- their citizens. We need to exert leader- has silenced all voices of dissent in tration is failing to press our concern ship and we need to make a difference. China. In a world that is increasingly for international human rights and I yield the floor. open to the benefits of freedom and the protect our own long-term national se- f potential of free markets, the great curity interests. hope is that the growth of capitalism American foreign policy needs to re- FREEDOM FOR CHINESE in China will undermine Beijing’s tyr- turn to its most enduring and noble as- DISSIDENT WEI JINGSHENG anny. The growth of free markets pect: our willingness as a nation to sac- Mr. KOHL. Mr. President, I rise alone, however, will never replace indi- rifice in order to help other peoples today to call for justice for Wei vidual acts of courage and conviction achieve the individual liberties we Jingsheng. Mr. Wei is a Chinese citizen by people who defy China’s Communist enjoy. When the Chinese people eventu- who has devoted his life to the cause of leadership. People willing to spend ally rid themselves of tyrannical lead- democracy and tolerance in the Peo- their lives for the freedom of their ership and establish a democracy—and ple’s Republic of China. In exchange for countrymen are mankind’s true heroes. they will just as the South Koreans, his selfless effort, Mr. Wei has spent al- Mr. President, Wei Jingsheng was the Japanese, and the Taiwanese have most 20 years in prison. We must, as a first imprisoned in 1979 after criticizing done before them—I hope they will be Senate and as a country, call upon Chi- the Government’s suppression of the able to say that America stood by nese leaders to recognize Mr. Wei’s gen- Democracy Wall movement in China. them in their darkest hours. For the uine love of his country, to respect his Since that time, he has spent all but 6 Chinese people, the torch lit in right to dissent, and to set him free to months of the last 18 years in prison. Tiananmen Square is flickering. The live his life in peace. Inside China’s prison system, Wei has American people want to stand by the I have chosen to make this statement been a constant target for harassment Chinese. The Clinton administration today because today we celebrate the and reeducation by China’s prison has been less clear. The administration publication of Mr. Wei’s book, ‘‘The guards. Wei has fought the daily battle can stand up for America and the Chi- Courage to Stand Alone: Letters from to maintain his integrity, the strength nese people by insisting that Wei Prison and Other Writings.’’ In these of his principles, and the conviction of Jingsheng be released. unadorned yet powerful reflections, Mr. his beliefs. After 14 years in prison, Wei f Wei provides insight into the tortures was released in 1993 and promptly THE COURAGE TO STAND ALONE he has suffered in prisons and labor began condemning the Government’s Mr. MOYNIHAN. I rise today to bring camps, as well as the passion and com- horrific record of political repression. to the attention of my colleagues the mitment which have maintained his He was imprisoned again for his cour- publication of ‘‘The Courage to Stand fighting spirit. His straightforward age and remains in a Chinese prison Alone,’’ the letters of Wei Jingsheng, a missives on the obvious need for de- today suffering from a life-threatening fearless and outspoken dissident cur- mocracy remind us all of our fun- heart condition. rently imprisoned by the People’s Re- damental civic values. Wei’s love for his country is most public of China. For two decades Wei Wei Jingsheng is a hero. With a back- clearly seen in the personal sacrifice Jingsheng has been a leader in the ground as an electrician, and with the associated with his forthright and con- struggle for democracy in China, as weight of the Communist leadership stant stand against political tyranny. well as a passionate advocate of human against him, he became what the New The Clinton administration could learn rights for the people of Tibet. York Times called the strongest voice a lesson from Mr. Wei. In the long run, Among the many crimes for which of China’s democracy movement. It is honesty is the best policy, and a forth- Wei has spent the last 18 years in pris- with awe and sadness that I note Mr. right discussion of the atrocities being on, perhaps none is so onerous to his Wei’s ability to persevere these many committed by Beijing will do more for persecutors as his presumption to hold years despite his and other Chinese dis- a stable United States-China relation- the totalitarian regime of the People’s sidents’ virtual invisibility on the ship than repeated acts of appease- Republic of China to its own standard international scene. ment. True constructive engagement of law. As Andrew J. Nathan writes in We can not allow Mr. Wei to be invis- means that China is required to honor his Foreword: ible. As Americans we have always sup- the trading agreements it signs, to ported the cause of democracy and tol- Wei’s powerful statement of self-defense avoid proliferating weapons of mass de- [at his 1979 trial] exposes how little dif- erance. In our own country we are struction, and to respect international ference there is between the new legal sys- lucky. Democracy as law and toler- norms for human rights. We in Amer- tem and the old absence of a legal system. ance, though we must always be vigi- ica need to realize what Wei recognized The prosecutors and judges search for a lant for transgressions against it, is an long ago—that the forces of justice and crime and find none, but they obey orders. integral part of our social fabric. In liberty are at work in the Chinese peo- They sentence Wei to fifteen years. other parts of the world, including the ple just as they have been at work with The outside world is outraged, but most People’s Republic of China, democracy Chinese at the time are wiser. They see Wei such stunning effect in other nations as the victim of his own naivete. He failed to and tolerance remain elusive. Mr. Wei around the world. appreciate the unwritten limits to free is a hero because he fights against the In the battle between liberty and tyr- speech and legal reform. He committed the tide. The leaders of China will be he- anny in China, I am placing my wager greatest offense in a dictatorship: taking roes when they realize that men and on the side of freedom. As Ronald words at face value. S4378 CONGRESSIONAL RECORD — SENATE May 13, 1997 The Courage to Stand Alone serves as late 1993. The cynicism of that decision markable economic advancements that a testament of resistance to the totali- was exposed just 6 months later, when it spawned—is leading to improve- tarian phenomenon so brilliantly dis- he was rearrested and held incommuni- ments in internal freedom, human sected in our century by the likes of cado for 20 months, in part for meeting rights practices, and the quality of life Hannah Arendt and George Orwell. with Assistant Secretary of State John in the People’s Republic of China. Wei’s letters stand as the literary Shattuck. He is currently serving a 14- Responding to our modest requests equivalent of the famous photograph of year sentence. would be a positive sign that China, as the lone Chinese individual confronting In addition to the egregious viola- it seeks to be more fully integrated a column of tanks during the 1989 tions of the rights to freedom of ex- into the global system, is increasingly Tiananmen Square massacre. pression, due process, and freedom self-confident about itself, about the In his letter of June 15, 1991 Wei from arbitrary arrest and detention, I image it projects to the rest of the writes: am very concerned about Mr. Wei’s world and about the role it intends to It is precisely because human rights are health. He is suffering from high blood play in the world. independent of the will of the government, pressure and a heart condition, and has Wei Jingsheng has spent the better and even independent of the will of all man- not received the medical attention he part of his adult life in detention, in kind, that people fight for the realization needs. He is not permitted to go out- jail, and in labor camps. Most of his and expansion of human rights as a natural side, nor is he allowed physical exer- past 18 years have been spent in soli- and unprovoked matter of course. They cise. I am told that prison authorities tary confinement in unusually harsh gradually come to the realization that the conditions. His health has deteriorated more widespread and reliable the protection have moved other prisoners into Mr. of human rights is, the more their own Wei’s cell to monitor and limit his po- badly and he is deprived of most nor- human rights are protected. Just as man’s litical writing. If Mr. Wei serves all of mal privileges available to political understanding of objective truths and objec- his current 14-year prison sentence, he prisoners. Those conditions and these tive laws is a gradual process, man’s under- will be 60 years old when he is released. deprivations would have broken the standing and comprehension of human rights His health is so fragile it is uncertain spirit of defiance in most human is a gradual process. Just as man’s grasp and whether he will ever get out alive. beings. Not so for Wei Jingsheng. utilization of objective laws is a progressive Mr. President, Mr. Wei is one of thou- Wei Jingsheng’s remarkable prison process, man’s protection of the theory and sands of courageous people who have letters to the Chinese leadership will practice of human rights is a progressive be published today, May 13. His book, process. been thrown in prison, tortured or oth- erwise silenced in order to squelch any ‘‘The Courage to Stand Alone: Letters Wei Jingsheng—by his words and expression for democratic change in from Prison and Other Writings,’’ is a conduct—has done much to advance China. Despite repeated attempts by splendid testament to the yearning for our understanding of human rights in our administration to discuss human democracy by a political dissident who China and throughout the world. I rights with Chinese authorities, the has never experienced true freedom in commend ‘‘The Courage to Stand Chinese Government has continued to a land and country that has never ex- Alone’’ to all Senators, and I look for- insist that internationally recognized perienced true democracy or anything ward to the day when Wei Jingsheng human rights are an internal matter. approximating an open society. His will again be free to stand together The situation has gotten worse, not writings speak to us about the need for with other Chinese dissidents who better. democratic reform at a time when struggle to bring a measure of democ- I urge all Senators read ‘‘The Cour- China exhibits little internal visible racy to their ancient and long-suffering age to Stand Alone,’’ and to remember dissent. There is now no visible politi- homeland. Wei Jingsheng and the thousands of cal dissent in China because political f other Chinese citizens who have re- dissidents have either gone into exile, are in prison, or have redirected their WEI JINGSHENG mained steadfast in support of democ- racy and human rights, in the face of energies in new-found entrepreneurial Mr. LEAHY. Mr. President, there are repression. enterprises. some individuals whose personal cour- f Mr. President, we are here today not age is almost impossible to fathom, only to laud the publication of Wei who will be long remembered for the RELEASE OF WEI JINGSHENG Jingsheng’s book of letters or to urge example they set in standing up for Mr. GRAMS. Mr. President, I join my Beijing to discard its harsh treatment what they believed for the sake of all colleagues urging the release of Wei of its leading political dissident, we are of us. Wei Jingsheng, who is perhaps Jingsheng, currently imprisoned in here to honor a true democrat. We China’s most famous political prisoner, China for his efforts to promote democ- should honor true democrats and de- is one such individual. Today I join racy in China. Serving his second long- mocracy anywhere, and under any cir- Senators MOYNIHAN, HELMS, term sentence, Mr. Wei is seriously ill cumstances. We can and should pro- WELLSTONE and KENNEDY in recogniz- without access to proper medical care. mote human rights practices and de- ing today’s publication of Mr. Wei’s He has served nearly 18 years in var- mocracy abroad just as we pursue collection of letters to Chinese leaders ious prisons and labor camps and will other important national interests. and members of his family, and essays not be released until 2009. It is doubtful Our foreign policy must express both about democracy, ‘‘The Courage to he will last that long without medical our values and our interests. That is Stand Alone: Letters from Prison and attention. why we must continue to support the Other Writings.’’ I hope the leaders of China will grant development of political and economic Known as the intellectual leader of Mr. Wei’s release as an humanitarian reforms abroad while endorsing those the Democracy Wall movement, Chi- gesture that would show the world that democracy-promoting programs under- na’s first prodemocracy protest, Mr. China has a commitment to improve taken by such non-government organi- Wei has spent nearly all of the last 18 the human rights of its citizens. zations as the National Endowment for years in prison for his outspoken, unre- f Democracy [NED] and the Center for lenting criticism of China’s political Democracy. leaders and his thoughtful and inspir- TRIBUTE TO WEI JINGSHENG Wei Jingsheng’s current prison term ing writings about the need for demo- Mr. LUGAR. Mr. President, I rise expires in the year 2009 but his health cratic change and the rule of law in today to join my colleagues in urging is reportedly so poor that he may not China. In one essay, Mr. Wei describes the authorities in Beijing to provide survive until then. Keeping Wei the law in China as, ‘‘merely a ‘legal immediate medical care to Wei Jingsheng in prison under such dif- weapon’ that anyone in power can Jingsheng and to end his prolonged in- ficult conditions would be a permanent wield against his enemies.’’ carceration in Chinese prison. Granting stain on China’s claim that it is mis- In an effort to convince the Inter- these requests would not only be an act understood by the rest of the world. To national Olympic Committee to award of official compassion but it would also release this man and other prisoners of China the 2000 Olympic Games, the Chi- signal to others that the introduction conscience would bring good will to nese Government released Mr. Wei in of economic liberalism—and the re- China and assure the outside world May 13, 1997 CONGRESSIONAL RECORD — SENATE S4379 that China enjoys the self-confidence China. I stand with my other col- Stand Alone.’’ Wei has often stood to change. leagues in the Senate today to encour- alone against the Chinese Government. I join with my colleagues in the hope age the Government of China to imme- But he does not stand alone, and he that Wei Jingsheng will be released diately release Wei Jingsheng. will not stand alone in the wider world. from prison in the very near future. f He will never stand alone, as long as Thank you. there are those who care about human WEI JINGSHENG f rights and who are willing to speak out Mr. KENNEDY. Mr. President, I join on his behalf. We will go on doing so URGING THE GOVERNMENT OF today with my colleagues in solidarity CHINA TO RELEASE WEI until Wei is released, all political pris- with a courageous Chinese advocate of oners in China are released, and the JINGSHENG—A POLITICAL PRIS- human rights, Wei Jingsheng. ONER basic human rights he so bravely fights Each year, the family and friends of for are enjoyed by all the people of Mr. DODD. Mr. President, I rise Robert F. Kennedy, and those who China. today with a simple message, a mes- honor his legacy present a human f sage to the Government of China to re- rights award in my brothers name. In lease Wei Jingsheng. Who is Wei 1994, Wei Jingsheng won that award. MR. WEI JINGSHENG Jingsheng? Born in China, Wei Except for a brief period in late 1993 Mr. KEMPTHORNE. Mr. President, I Jingsheng is a dreamer, a political ac- and early 1994, Wei has been imprisoned rise today to discuss the important tivist, a writer, a silenced leader, an in- since 1979 because he dared to call for issue of political prisoners in China. I spiration, a nurturing older brother, democracy and freedom of expression want to thank Senators HELMS, MOY- and one who possesses an unparalleled in his country. NIHAN, KENNEDY, and WELLSTONE for fo- faith in democracy and its place in Wei never feared to tell the story of cusing the Senate’s attention on this modern China. He is the kind of man the abysmal conditions imposed on topic. who if living in America would un- those who dare to speak for human As we consider United States-China doubtedly grace these Halls. But Wei rights, democracy, and freedom of ex- relations, respect for human rights Jingsheng does not live in the United pression in China. must be at the top of our Nation’s States, he lives in China, where the He was an electrician at the Beijing agenda. In that regard, today I call on courage of his convictions have not Zoo in 1979, when he earned inter- the Government of China to release Mr. been appreciated, in fact quite the op- national praise during the Democracy Wei Jingsheng from prison so that he posite, Wei Jingsheng has been se- Wall movement for his courageous es- may receive the immediate medical verely punished. says criticizing the Chinese leadership care he desperately needs. In speaking out for democracy and and calling for democratic reforms. Further, I call upon President Clin- reform, Wei Jingsheng has suffered In his 1978 journal, ‘‘Explorations,’’ ton to make the release of Mr. Wei great consequences—consequences in- he publicly exposed the torture of po- Jingsheng, and all Chinese political cluding nearly 18 years of solitary con- litical prisoners. He later wrote one of prisoners, such as the Tibetan pris- finement, torturous treatment, the the most famous essays of the democ- oners of conscience, a top priority as lack of medical attention, and numer- racy movement, arguing eloquently our Nation discusses our relationship ous other methods known to squelch a and powerfully that democracy and with China. man’s spirits and weaken his convic- free speech were preconditions for Chi- The first amendment of our Constitu- tions. na’s economic and social growth. In an- tion guarantees citizens of the United Now that we know about his punish- other essay, he challenged China’s States freedom of speech, the right of ment, let us consider Wei Jingsheng’s leader at the time, Deng Xiaoping, say- people to peaceably assemble and the crimes: numerous writings on democ- ing: ‘‘We cannot help asking Deng what right to petition the government for a racy, a series of letters to China’s para- his idea of democracy is. If the people redress of grievances. Mr. Jingsheng mount leader Deng Xiaoping before his have no right to express freely their does not have these rights, and so I death, communicating with foreign opinions or to enjoy freedom of speech join my colleagues asking for his free- journalists, participating in the 1979 and criticism, then how can one talk of dom. Democracy Wall movement, and most democracy? * * * Only a genuine gen- In the United States of America ‘‘We recently meeting with John Shattuck, eral election can create a government hold these Truths to be self-evident, the United States Assistant Secretary and leaders ready to serve the interests that all Men are created equal, that of State for Democracy, Human Rights, of the electorate.’’ they are endowed by their Creator with and Labor in 1994. Frankly, these do For his refusal to remain quiet, he certain inalienable Rights, that among not strike me as crimes, or actions was arrested in 1979, tried secretly, and these are Life, Liberty and the Pursuit that warrant any sanctions by the sentenced to 15 years in prison—most of Happiness.’’ state, and most certainly are not at all of which he spent in solitary confine- That all men are created equal. This commensurate with the punishment ment. He was repeatedly tortured. is one of our Nation’s unswerving prin- Wei Jingsheng has endured. In September 1993, Wei was released ciples and we have never and should Respect for human rights is an inter- as part of China’s public relations at- never be willing to, as President John national concept. We only need look to tempt to win the opportunity to host F. Kennedy stated in his inaugural ad- the Universal Declaration of Human the Olympic Games in the year 2000. dress, ‘‘permit the slow undoing of Rights to see a sample of the inter- Upon leaving prison, Wei immediately human rights to which this nation has national consensus on human rights. resumed his leading role in the democ- always been committed.’’ And, as my While China may resent United States racy movement. colleagues know, there is a tragic lack scrutiny on this topic, we do in fact On April 1, 1994, after Wei met with of respect for human rights in China, have a legitimate right, as well as a Assistant Secretary of State for which is why we are making these moral obligation, to call for improved Human Rights, John Shattuck, he was statements today. conditions. We can and should have a arrested again and held incommuni- Mr. Wei Jingsheng’s courage and con- human rights dialog with Chinese lead- cado for 20 months. He was formally viction should be a beacon to all of us. ers, and I encourage the administration charged in November 1995 and, after a 1 He has received the Robert F. Kennedy to make more opportunities for such day trial, was convicted of ‘‘engaging Human Rights Award and I would like high level discussions to take place. in activities in an attempt to over- to quote Senator Robert F. Kennedy: Wei Jingsheng is reported to be near throw the Chinese Government.’’ Some men see things as they are and say the end of his life—a life of struggle Wei is now in a prison cell serving a ‘‘why?’’ and hardship. His recently published 14-year sentence. His health is poor, his I dream things that never were and say book ‘‘The Courage To Stand Alone: conditions are deplorable, and he is re- ‘‘why not?’’ Letters From Prison and Other peatedly tortured. Mr. Jingsheng has that courage to Writings’’ underscore Wei Jingsheng’s Today we celebrate the latest publi- ask ‘‘why not.’’ So today, Mr. Presi- struggle to promote democracy in cation of his writings, ‘‘The Courage to dent, I rise and ask the Government of S4380 CONGRESSIONAL RECORD — SENATE May 13, 1997 China: Why not—why not release Mr. cratic one. Unless we press the case for nual human rights record for 1996 hit Wei Jingsheng. improvement in China’s human rights the nail on the head. It said that China f record, using the leverage afforded us ‘‘continued to commit widespread and by the Chinese Government’s desire to well-documented human rights abuses, WEI JINGSHENG expand its economy and increase trade in violation of internationally accepted Mr. FEINGOLD. Mr. President, I rise with us, I do not see how conditions norms, stemming from the authorities’ today to call for the immediate release will get much better. intolerance of dissent, fear of unrest, of Wei Jingsheng, China’s most promi- In fact, the harsh prison conditions and the absence or inadequacy of laws nent political prisoner. and lack of medical attention provided protecting basic freedoms.’’ Wei Jingsheng is no stranger to harsh to Mr. Wei demonstrate that, after Mr. President, Mr. Wei has suffered unjust treatment. He has spent all but nearly 4 years, dialog and constructive enough. The people of Tibet have suf- 6 months of the last 18 years in prisons engagement have made no impact on fered enough. The people of China have or in labor camps, often in solitary Chinese behavior. We should make it suffered enough. It is time for a confinement. Now serving his second clear that human rights are of real—as change. We must work for that change sentence of 14 years for the crime of opposed to rhetorical—concern to this in areas we can influence. And let’s peacefully advocating democracy and country. Until Wei Jingsheng and oth- start by calling for the release of Mr. human rights, Wei Jingsheng is ter- ers committed to reform in China are Wei. ribly ill. His expected release date is 12 allowed to speak their voices freely f years from now—the year 2009—and and work for change, American-Chi- THE UNJUST IMPRISONMENT OF that is assuming he lives that long. nese relations should not be based on a WEI JINGSHENG At 46 years of age, Wei suffers from business-as-usual basis. I hope the ad- life-threatening heart disease, he can- ministration will do everything pos- Mr. DASCHLE. Mr. President, today not lift his head, and he complains of sible to demand the immediate release it is my unhappy duty to note the con- severe back pain. His requests for med- of Wei Jingsheng and urge Chinese au- tinued imprisonment of Wei Jingsheng ical attention have gone unfulfilled thorities to provide him with access to by the Government of China. In an at- and all indications are that he has not medical care that he urgently requires. tempt to silence his bold voice for de- seen a doctor in more than a year. f mocracy, Mr. Wei has been jailed in A former electrician at the Beijing solitary confinement or forced to work Zoo, Wei has been one of the strongest CALLING FOR THE IMMEDIATE in a labor camp for all but 6 months of voices of China’s democratic move- RELEASE OF WEI JINGSHENG the past 18 years. As a result of his ment. In recognition of his efforts, Wei Mr. D’AMATO. Mr. President, I rise mistreatment, he suffers from a life- was named the 1994 Robert F. Kennedy today to call for the release of Wei threatening heart condition and cannot Human Rights Award laureate and, Jingsheng who has been imprisoned for lift his head due to a neck injury. every year since 1995, Members of Con- almost 18 years under the harshest of Today I join my colleagues to call for gress have nominated him for the circumstances in China. Mr. Wei was his immediate and unconditional re- Nobel Peace Prize. first jailed in 1979 for advocating demo- lease, and urge the Government of While in prison serving his first sen- cratic reform in China. Can you imag- China to provide him with medical at- tence, Wei was allowed to write letters ine? The free exchange of such ideas tention. on certain topics to his family, prison which we take for granted every day in Mr. Wei’s commitment to democracy authorities, and China’s leaders. Be- the United States cost Mr. Wei his free- and freedom despite such mistreatment cause most of these letters urged demo- dom. is a testament to the strength of the cratic reforms, they were seized by au- Mr. Wei was released in 1993 in an act human spirit and the power that words thorities and never sent. Wei was later which curiously coincided with an up- hold over the human soul. He was first able to retrieve them and release them coming vote by the International jailed in 1978 after founding an inde- publicly, and they have now been Olympic Committee on China’s appli- pendent magazine and daring to call translated and published as a book. cation to host the Olympic games in for democracy. Despite the hard condi- Today, May 13, is the publication date the year 2000. China’s bid for the Olym- tions of prison life, Mr. Wei refused to of this book, ‘‘The Courage To Stand pic games was unsuccessful and shortly abandon his beliefs. Over the next dec- Alone: Letters From Prison and Other thereafter Mr. Wei was imprisoned ade, he wrote many letters—some to Writings.’’ This book states what is ob- again. He is not scheduled for release his family telling of his daily life, oth- vious to Wei and should be clear to until 2009. This overtly politically mo- ers to the leaders of his nation urging Americans: China needs democratic tivated move is unconscionable. them to take immediate steps toward freedoms. Unfortunately, China’s lead- Through these years of personal ter- democracy. Virtually all were con- ers continue to show a flagrant dis- ror Mr. Wei has frequently been held in fiscated by prison authorities and regard for human rights. solitary confinement. He was been the never sent. Released as a result of In 1994, over the strenuous objections victim of cruelty and mistreatment international pressure in 1993, Mr. Wei of those of us concerned over China’s which had a serious effect on Mr. Wei’s immediately resumed his advocacy of atrocious and repeated violations of health. I am told that Mr. Wei is suffer- democracy despite all that he had suf- international standards of human ing from heart disease but does not fered. Within 6 months he was sen- rights, the administration delinked have access to proper medical care. tenced to another 14 years in prison. granting of most-favored-nation trade This treatment is simply wrong. Today Chinese officials consider his status to China to improvements in its The People’s Republic of China wants writings so threatening that he is con- human rights record. The administra- to assume the status of a responsible stantly monitored by criminal inmates tion argued then that through con- nation in the world community. And whose job it is to ensure that he puts structive engagement on economic yet they continue to subjugate the peo- no words down on paper. matters, and dialog on other issues, in- ple of Tibet. As a case in point, I spoke Despite these measures, Mr. Wei’s cluding human rights, the United earlier this year on the floor about words have echoed throughout China States could better influence Chinese Ngawang Choephel, a former Fulbright and the world. In 1989, demands for his behavior. That was a mistake. scholar at Middlebury College and a release helped to stir the demonstra- Let those who support constructive friend of the United States, who is tion in Tiananmen Square. He also has engagement visit the terribly ill Wei serving an 18-year prison term for sup- been honored with the Robert F. Ken- Jingsheng in his prison cell, and ask posed espionage activities. nedy Human Rights Award, the him if developing markets for tooth- The People’s Republic of China wants Sakharov Prize for Freedom, and been paste or breakfast cereal will help him to assume the status of a responsible nominated many times for the Nobel win his freedom or save his life. I do nation in the world community. And Prize for Peace. not see how closer economic ties alone yet they continue to subjugate their I am confident that the Chinese Gov- will somehow transform China’s au- own people as well. Mr. Wei is a case in ernment’s attempts to silence Mr. Wei thoritarian system into a more demo- point. The State Department in its an- will not succeed. Mr. Wei’s letters, May 13, 1997 CONGRESSIONAL RECORD — SENATE S4381 which he reclaimed as a condition of tion goals could not be met without Wei’s letters reveal courage in the his release in 1993, are published in democratic reform. For this affront, he face of a brutal and immoral regime. ‘‘The Courage To Stand Alone: Letters was severely punished. His example is bound to humble any From Prison and Other Writings,’’ to In 1993, on the eve of the Inter- one who dares take for granted the be released today. It is my hope that national Olympic Committee’s decision freedoms enjoyed by the American peo- these words will continue to echo about whether to award the 2000 Olym- ple. throughout the world, and help to pics to Beijing, China briefly released I hope that, somehow, Wei will learn bring freedom and democracy to the Wei in an effort to strengthen its of the enormous respect and support he people of China. Olympic bid. On April 1, 1994, just days has from the American people. I urge Thinking of Mr. Wei, I am reminded after meeting with U.S. Assistant Sec- Senators to join in calling upon the of the words of another man impris- retary of State for Democracy, Human Chinese Government to release Wei and oned for his uncompromising beliefs. Rights, and Labor, John Shattuck, Wei immediately provide him with the As he wrote from his cell: was detained once more. medical treatment he so badly needs. Only one thing has remained: the chance He was subsequently sentenced to 14 EXHIBIT 1 to prove—to myself, to those around me and years for trying to ‘‘overthrow the Chi- [From the New York Times, Monday, May 5, to God—that . . . I stand behind what I do, nese Government.’’ The actions cited 1997] that I mean it seriously and that I can take as proof of Wei’s ‘‘counter-revolution- LETTERS FROM A CHINESE JAIL—THE BLUNT the consequences. ary’’ intent included publishing arti- DEMANDS OF WEI JINGSHENG Today I will meet the writer of those cles critical of the government and (By Tina Rosenberg) words, President Vaclav Havel of the raising funds for the victims of politi- For nearly 20 years, the Chinese govern- Czech Republic. I am filled with hope cal persecution in China. ment has sought to silence one of the world’s as I think of President Havel’s extraor- Wei has spent most of his last 18 most important political prisoners, Wei years in solitary confinement, endur- Jingsheng. Once an electrician in the Beijing dinary life and his path from political Zoo, Mr. Wei is the strongest voice of China’s prisoner to president. I know that Mr. ing a variety of physical and psycho- logical hardships. He is now widely re- democracy movement. He has spent all but Wei shares President Havel’s deter- six months of the last 18 years in prisons and mination to stand behind his beliefs. It ported to be in very poor health, suffer- labor camps, most in solitary confinement in is my hope that one day he also will be ing from heart and back ailments that conditions that would have killed a less free to travel to Washington and that require urgent medical attention. At- stubborn man long ago and may soon kill this day will come soon. Mr. Wei’s un- tention he is currently denied. Mr. Wei, who is 46 and very ill. Today, I join with my colleagues to Now serving a second long sentence, he is just imprisonment must end, and I ap- watched around the clock by non-political peal to the Government of China to re- urge the Chinese Government to take all necessary steps to release Wei criminal prisoners who insure he does not lease him immediately. Jingsheng from prison on humani- put pen to paper. But during his first impris- f onment he was permitted to write letters on tarian grounds. Chinese authorities certain topics to his family, prison authori- CALLING FOR RELEASE OF CHI- should ensure that Wei immediately ties and China’s leaders. Most were never NESE DISSIDENT WEI receives the medical care he requires. sent. But they have now been translated and JINGSHENG Wei’s imprisonment comes as a result published. They form a remarkable body of Mr. BIDEN. Mr. President, today of his peaceful advocacy of democracy Chinese political writing. and basic human rights. His words war- The book, ‘‘The Courage to Stand Alone,’’ marks the publication date of a re- is published by Viking. It shows why the Chi- markable compilation of letters from a rant our admiration, not a death sen- tence. nese Government is so afraid of Mr. Wei. His remarkable man, imprisoned Chinese weapon is simplicity. Unlike other Chinese political dissident Wei Jingsheng. His f activists, Mr. Wei does not worry about tai- book, ‘‘The Courage To Stand Alone: WEI JINGSHENG loring his argument to his audience and does not indulge in the Chinese intellectual tradi- Letters From Prison and Other Mr. HELMS. Mr. President, today is Writings,’’ should be required reading tion of flattering the powerful. He does not the publication date of a book of prison worry about being seen as pro-Western, or a for anyone who takes for granted the letters by Wei Jingsheng, ‘‘The Cour- traitor to China. He writes as if what is obvi- freedoms enshrined in our Constitution age to Stand Alone: Letters From Pris- ous to him—that China needs democratic and Bill of Rights. Wei is currently on and Other Writings.’’ Wei’s book is freedoms—should be clear to anyone. serving 14 years for the crime of advo- the subject of a May 5 editorial in the ‘‘Dear Li Peng: When you’ve finished read- ing this letter, please pass it on to Zhao cating democracy in a country where New York Times; I ask unanimous con- freedom of speech does not extend to Ziyang and Deng Xiaoping,’’ begins one typi- sent that it be printed in the RECORD at cal letter to three top Chinese leaders. ‘‘I criticism of government authorities. the conclusion of my remarks. An electrician by training, Wei lacks would like to offer several concrete sugges- The PRESIDING OFFICER. Without tions.’’ The first suggestion: ‘‘take great the formal education of some other fa- objection, it is so ordered. strides to implement a democratic govern- mous 20th century champions of de- (See exhibit 1.) ment as quickly as possible.’’ mocracy and civil rights—Vaclav Mr. HELMS. Mr. President, Wei is He wrote this letter on May 4, 1989, one Havel, Andrei Sakharov, or Martin Lu- China’s most prominent dissident. Per- month before the massacre in Tiananmen ther King—but whatever he may lack haps I should say that he is China’s Square, ordered by Li Peng and Deng in sophistication, he more than makes Xiaoping. most prominent dissident in jail. In Although he was not allowed to write of up for with his blunt eloquence. any event, there are no active dis- his worst mistreatment, his letters describe Just days before the Chinese crack- sidents in China, according to this his health and request books, a heater, medi- down against pro-democracy protesters year’s State Department human rights cine or a hutch to breed rabbits when he is in in Tiananmen Square, Wei offered report—they are all in jail, or silent. a labor camp. The Government expected Mr. some candid advice for China’s top Wei became famous for his powerful, Wei to show he was being ‘‘re-educated.’’ In- leaders from his prison cell, urging articulate statements during the De- stead, he wrote essays on democratic re- them to ‘‘take great strides to imple- mocracy Wall movement. After his re- structuring of the Government. Mr. Wei has always been uncompromising. ment a democratic government as lease in 1993, he returned his advocacy In 1978, Mr. Deng was fighting for control of quickly as possible.’’ A great tragedy of democratic reform. After 6 months, the leadership and encouraged reformist might have been avoided if Beijing’s he was rearrested and held incommuni- thinking. The activists created a Democracy gerontocracy had heeded Wei’s call. cado for almost 2 years before being Wall along a highway outside Beijing, where Wei was first imprisoned from 1979 to sentenced to another 14-year prison writers put up posters with their thoughts. 1993 on charges of ‘‘counter-revolution- term in 1996. Mr. Wei wrote the boldest poster, a tract ar- ary propaganda and incitement,’’ the Wei shows no concern for himself. His guing for real democracy and criticizing Mr. result of his participation in the De- health is poor, threatened by heart Deng, who was then revered by the activists. mocracy Wall Movement. During this problems. Yet he continues to stand up Mr. Wei then founded an independent maga- zine. He was arrested in March 1979, given a brief flowering of officially authorized to the Chinese Government, demanding show trial and sentenced to 15 years. political dissent in China, Wei had the freedom and democracy for the people He was released six months before complet- nerve to argue that China’s moderniza- of China. ing his sentence, as part of China’s bid to S4382 CONGRESSIONAL RECORD — SENATE May 13, 1997 win the Olympics in 2000. He refused to leave a.m. on Wednesday, the Senate resume of the totally unfounded charge of con- before getting back letters the prison au- consideration of S. 717 and Senator spiring to subvert the Chinese Govern- thorities had confiscated. Once free, he im- GREGG be recognized for up to 10 min- ment. He was sentenced to 14 years in mediately resumed his work for democracy. utes in order to withdraw his amend- He was rearrested, and after a 20-month in- prison and 3 years deprivation of his communicado imprisonment he was sen- ment, and there be, then, 20 minutes of political rights. tenced to another 14 years. debate equally divided between Sen- Human rights organizations and gov- Although censorship insured that few Chi- ators GORTON and JEFFORDS; and imme- ernments around the world have con- nese heard of Mr. Wei after 1979, he has re- diately following that debate, the Sen- demned the trial and severe sentence. mained a touchstone of the democracy move- ate proceed to a vote on or in relation We, the Congress, have unanimously ment. In January 1989, Fang Lizhi, the astro- to the Gorton amendment No. 243, to be adopted resolutions calling for Wei’s physicist, wrote a public letter to Mr. Deng followed by a vote on or in relation to asking for amnesty for political prisoners, immediate and unconditional release. mentioning only Mr. Wei by name. That let- the Smith amendment No. 245; imme- The European Parliament has also ter touched off more letters and petitions diately following that vote, the bill be called for his release, declaring that and was one of the sparks of the student read a third time and the Senate pro- Wei had been ‘‘persecuted because he movement and the occupation of Tiananmen ceed to a vote on passage of H.R. 5, the was demanding democratic rights for Square. House companion measure, if it is re- Chinese people.’’ There is no visible dissent in China today. ceived from the House and if the Sen- Some of the activists went into exile, many Mr. President, it is my understanding were arrested, others gave up politics and ate language is identical to the House that Wei’s family has appealed to the turned their talents to commerce. bill. I further ask consent that there be United Nations for help, increasingly The moral force of Mr. Wei’s writing re- 4 minutes of debate, equally divided in concerned about his failing health, calls the prison letters of other famous dis- the usual form prior to the second vote which has further deteriorated. Though sidents, such as Martin Luther King Jr.’s and 4 minutes equally divided between he is no longer in solitary confinement, ‘‘Letter From the Birmingham Jail,’’ Adam the chairman and ranking member Wei is under constant surveillance Michnik’s ‘‘Letters From Prison’’ and prior to the third vote and, addition- Vaclav Havel’s ‘‘Letters to Olga.’’ Mr. Wei’s from other inmates while cell lights letters are less eloquent, however. He is not ally, the second and third votes be lim- are on 24 hours a day, visits by his fam- a man of words, and he was probably not ited to 10 minutes in length; and, fi- ily are restricted, and he has no access writing with an eye to publication. nally, immediately following those to outside medical care. But the most important thing the others votes, Senator STEVENS be recognized Wei Jingsheng remains a symbol of had that Mr. Wei does not is widespread to speak in morning business for not to hope in China for those within China international support. Mr. King, Mr. exceed 45 minutes, to be followed by Michnik and Mr. Havel knew that people all who are voiceless. They have stead- over the world were looking out for them Senator LEAHY for not to exceed 45 fastly refused to give up their beliefs, and their governments were under pressure minutes, and further, following that their principles and their commitment to free them, treat them well and heed their time, the Senate proceed to the imme- to democratic reforms, despite the suf- cause. diate consideration of Calendar No. 31, fering and punishment that they have This security is as important to a political H.R. 1122, a bill to ban partial-birth endured. prisoner’s survival as food and water, and abortions. I believe that by honoring Wei for his Mr. Wei and his fellow Chinese dissidents do The PRESIDING OFFICER. Without not have it. Their names are not widely courageous commitment to human known. While some American and other offi- objection, it is so ordered. rights and fundamental freedoms, we cials have brought them up during talks f will draw attention to the ongoing with Chinese leaders, in general the outside WEI JINGSHENG struggle for fundamental human rights world treats Beijing officials with the def- in the People’s Republic of China at a Mr. HUTCHINSON. Mr. President, erence due business partners. crucial time in that nation’s history. Today Mr. Wei suffers from life-threaten- most of the time when I stand on this Calling for the immediate release of ing heart disease. Because of a neck problem, floor following Senator WELLSTONE, I he cannot lift his head. All indications are will be on the opposite side of Senator Wei sends a strong message to China on that he has not seen a doctor in more than behalf of the entire international com- a year. He is due to be released in 2009—if he WELLSTONE’s comments. This evening, I would like to associate myself with munity. lives that long. On Friday of last week, I joined a bi- the comments that Senator WELLSTONE The PRESIDING OFFICER. The Sen- partisan and bicameral effort in honor- ator from North Carolina. made. I think between the two of us, we pretty well cover the political spec- ing Dr. Nguyen Dan Que, along with f trum as we stand today on the floor of Mr. Harry Wu, at the third anniversary VISIT TO THE SENATE BY THE the United States Senate and call for of the Vietnam Human Rights Day. As PRESIDENT OF THE CZECH RE- the immediate release of Wei I speak today, Dr. Que still remains in PUBLIC, HIS EXCELLENCY Jingsheng, China’s most prominent po- prison unable to leave Vietnam to seek VACLAV HAVEL litical prisoner. medical attention and unable to speak freely about the abuses he has suffered Mr. HELMS. Mr. President, I am Because of his courageous stand as a voice for democracy and human rights, at the hands of the Vietnamese Gov- proud to present the President of the ernment. Of course, Mr. Wu, who Czech Republic, His Excellency, Mr. Wei Jingsheng was sentenced in 1979 to 1 fought for representative government Vaclav Havel. He is here on the floor. 15 years in prison. He served 14 ⁄2 years of his term and was released in Sep- and human rights in China for many f tember 1993 as part of China’s bid to years, was persecuted and held as a RECESS host the Olympic Games in the year prisoner of conscience by China’s Com- Mr. HELMS. Mr. President, I ask 2000. Wei continued to speak out for munist dictatorship. He was eventually unanimous consent the Senate stand in human rights and was detained, again, allowed to emigrate to the United recess for 7 minutes, so the Senate may by the Chinese Government less than 6 States where he has, thankfully, con- greet him. months after his release. tinued his efforts to help the Chinese There being no objection, at 5:35 Wei Jingsheng was first jailed in 1979 people gain liberty and human dignity. p.m., the Senate recessed until 5:43 because of his peaceful activities and On August 25, 1995, Mr. Wu was ex- p.m.; whereupon, the Senate reassem- writings during China’s democracy pelled from China and returned safely bled when called to order by the Pre- wall movement, notably his famous to San Francisco. While this case was siding Officer [Mr. SMITH of Oregon]. essay, ‘‘The Fifth Modernization—De- notable because Mr. Wu is a natural- The PRESIDING OFFICER. The mocracy.’’ Following his release from ized American citizen, the Chinese Chair recognizes the Senator from Ar- prison in September 1993, he met with Government holds many thousands of kansas. journalists and diplomats, wrote arti- prisoners who, like Mr. Wu and Wei f cles for publications abroad and contin- Jingsheng, are guilty of nothing more ued to assert the rights and aspirations than speaking out in defense of human ORDERS FOR WEDNESDAY of the Chinese people. liberty. Mr. HUTCHINSON. Mr. President, I Mr. President, on December 13, 1995, While the cases of Mr. Wu, Wei ask unanimous consent that at 9:15 Wei Jingsheng was tried and convicted Jingsheng and Dr. Nguyen Dan Que May 13, 1997 CONGRESSIONAL RECORD — SENATE S4383 may differ, they are all representative to speak as in morning business for as used on, where it is used, how many of human rights abuses around the long as necessary. there are. Those have been the subject world, and especially by the Chinese The PRESIDING OFFICER. Without of a lot of publications and debate Government. objection, it is so ordered. about how the people who oppose this For too many years, Mr. President, f legislation have constructed a fantasy, these courageous individuals have been if you will, as to what this procedure is deprived of the opportunity to exercise PARTIAL-BIRTH ABORTION all about. the right to self-determination con- Mr. SANTORUM. Mr. President, I So today, as I tried to in the previous cerning fundamental human and politi- rise today to begin the debate on the debate, I am going to attempt to lay cal aspirations. I say again, for too issue of partial-birth abortion. This is out the truth as we know it. I say as we many years, they have been denied an issue that, obviously, has garnered a know it, because a lot of the truth is those rights. lot of attention over the past couple of based upon what the opponents of this Furthermore, it has been almost 3 years, both in the House and Senate legislation tell us is the truth. An ex- years since the United States formally and across the country. While the bill ample of that is how many of these delinked American trade with China is not formally before us tonight, the abortions are performed. The Centers from its human rights performance of bill will come up tomorrow. I have been for Disease Control do not track how abuse. I say to my colleagues that informed that it will come up approxi- many partial-birth abortions are done. much has changed in China, but it has mately at noon tomorrow, when we can They only track the abortions and not changed for the better. We now see actually begin debate on the bill itself. when they are done. They do not track a human rights situation that is worse So the debate on partial-birth abor- the procedure that is used to perform by every measure: persecution of Chris- tion will begin tomorrow in the U.S. the abortion. The only people who tians, forced abortions, sterilization of Senate. For those who have been fol- track that, at least we are told the the mentally handicapped and kan- lowing this issue, the questions that I only people who track that, are the garoo courts for democratic dissenters. have been asked, and Members are abortion clinics themselves who oppose Mr. President, I am deeply concerned being asked on both sides of this issue, this legislation vehemently. They are with the mounting campaign of reli- is not whether this bill will pass. I be- the ones that those of us who have to gious persecutions waged by the rulers lieve this bill will pass. The question is argue for its passage have to rely upon of China. The Roman Catholic Church whether we are going to have sufficient for the number of partial-birth abor- has effectively been made illegal in votes to override what appears to be an tions that are done. That is hardly a China. Priests, bishops, and people of almost certain Presidential veto. comforting position when you have to faith have been imprisoned and har- In the House a few weeks ago, the rely on your opponent for the informa- assed. House passed the legislation with 295 tion that you are to use in challenging China’s recent moves have menaced votes, more than the 290 needed to the procedure. Hong Kong, in violation of their agree- override the President’s veto. We only But let me, if I can, walk through ments with Britain and their assur- need 67 votes in the U.S. Senate to be first what is a partial-birth abortion. I caution those who may be listening, ances to the United States. Forty per- able to override the President’s veto. cent of education and social services in At this point, I think by all accounts, this is a graphic description of this pro- that colony are currently run by we are not there yet. We are still sev- cedure. I just want to alert anyone who might be watching who might feel un- church-related agencies. China’s action eral votes short of the 67 votes commit- comfortable with that. in suspending the Hong Kong Bill of ted publicly to supporting this legisla- Rights threatens the freedom of A partial-birth abortion is, first, an tion on final passage and supporting it speech, the freedom of assembly and abortion that is used in the second and in the face of a Presidential veto. third trimester, principally in the sec- the freedom of religion. I will say we are at least four or five I believe that these arguments will ond trimester. It is used at 20 weeks votes short at this time, and we are come to a boil again in coming weeks, gestation and beyond by most practi- narrowing down the time here in which when this Congress votes once more on tioners of partial-birth abortion. So, by most-favored-nation status for China. decisions have to be made. definition, it is later term, you are into So while I am not particularly opti- It is the obligation of the American the fifth and sixth month of pregnancy. mistic of our opportunities at this Government to uphold the principles of The procedure is done over 3 days. democracy and freedom for all peoples. point to get the votes necessary to You will hear comments by Members We must not turn a blind eye to the op- override the President’s veto, I think who come to the floor of the Senate pressed in the interest of expanded this is an issue that is going to con- and suggest this procedure needs to re- trade opportunities. The idea that ex- tinue to percolate, not only from the main legal to protect the life and the panded trade would somehow result in time that we debate in the Senate over health of the mother. First, there is a improved human rights conditions in the next few days, but also after the life-of-the-mother exception in the bill. China has been disproved. It simply has vote is taken, during the time that the Very clear. It satisfies any definition of not happened. President is considering it, and when what life-of-the-mother exception Today’s statements calling for the the bill comes back here. So there will needs to be. immediate release of Wei Jingsheng be plenty of opportunities for further Second, health of the mother. I just heeds hope for those who are victims of debate, further evaluation as to wheth- question anyone, just on its face, not oppression. I look forward to the day er the votes cast by all the Members as a medical practitioner, which I am when all peoples enjoy the countless are the votes that, in fact, will be the not, but on the face of it, if the health freedoms that we have in the United votes on the override vote itself. of the mother is in danger, particularly States. I salute the efforts of Wei What I would like to do in starting if there are serious health con- Jingsheng, Mr. Harry Wu, Dr. Nguyen the debate is to fill in for those Mem- sequences, why would you do a proce- Dan Que, and I urge my colleagues to bers who may not have been involved dure that takes 3 days? That is what stand up and voice their opposition to in the partial-birth abortion debate— this procedure takes. It is a 3-day pro- the treatment of these political dis- and we have a lot of new Members this cedure. You have a mother who is at 20 senters and these defenders of liberty year—to fill in the who, what, when, weeks, or more, gestation, who has to and, furthermore, we should stand where, why, how and how many. All of have her cervix dilated. In other words, against all human rights abuses around the questions that normally would be they have to create the opening the world. asked about anything, let’s ask them through which the baby can come in Thank you, Mr. President. I yield the about the issue of partial-birth abor- the womb, in the uterus. And so it floor. tion. takes 2 days of drugs given to the Mr. SANTORUM addressed the Chair. This has been an interesting topic of mother. She does not stay at the hos- The PRESIDING OFFICER. The Sen- discussion only because of the fabrica- pital. It is not an inpatient procedure. ator from Pennsylvania. tions that have been built around what She takes the drugs and goes home. If Mr. SANTORUM. Mr. President, I this procedure is about, when it is there are complications they happen at ask unanimous consent that I be able used, how often it is used, who it is home, not anywhere else. S4384 CONGRESSIONAL RECORD — SENATE May 13, 1997 The cervix is dilated. When you di- woman facing severe problems due to tion clinic in northern New Jersey how late the cervix, that opens the womb the pregnancy.’’ This is the National many of the procedures were per- up to infection, but for a 2-day period, Abortion Federation factsheet on Feb- formed, and the reporter talked to two the cervix is dilated. On the third day, ruary 26, 1997: ‘‘This particular proce- doctors, two abortionists, who said after a third day of dilation, the moth- dure is used in about 500 cases per year, that they performed 1,500 partial-birth er comes into the abortion clinic. The generally after 20 weeks of pregnancy, abortions every year, and not on fa- procedure then proceeds as follows. and most often when there is severe tally defective babies or not on The doctor is guided by an fetal anomaly or a maternal health unhealthy mothers or unhealthy ba- ultrasound, and the abortionist reaches problem detected late in pregnancy.’’ bies, but usually in the fifth and sixth up with forceps and grabs the baby, The Alan Guttmacher Institute, as month for no health reasons at all— which is normally in a position head well as Planned Parenthood, the Na- healthy moms, healthy babies, healthy down, grabs the baby by its foot, turns tional Organization for Women [NOW] pregnancies. the baby around in the uterus, in the Zero Population Growth Fund, Popu- We had that article already printed. womb, and then pulls the baby out feet lation Action International, and the That did not deter the President from first in what is called a breech posi- National Abortion Federation sent a saying what he said. We have quotes tion. You may have heard of breech letter October 2, 1995, to the Congress from the President here. ‘‘I came to un- birth and the danger of birthing in a that said, ‘‘This surgical procedure is derstand that this is a rarely used pro- breech position. Here we have a doctor used only in rare cases, fewer than 500 cedure, justifiable as a last resort when who deliberately turns the baby around per year. It is most often performed in doctors judge it is necessary to save a and delivers it in a breech position. the cases of wanted pregnancy gone woman’s life or to avert serious health You may want to ask the question, tragically wrong, when a family learns consequences to her.’’ why do they go through the trouble of late in pregnancy of severe fetal anom- Now, the President knew better when pulling the baby out feet first? Why do alies or a medical condition that he said that. That information was they not simply deliver the baby head threatens the pregnant woman’s life or available to the President. It is avail- first and do what I will describe later? health.’’ able to him now. But what happened The reason they pull the baby out feet Kate Michelman, President of between now and then that has caused first and deliver the baby, as the next NARAL, on June 2, 1996: ‘‘These are such a stir? Well, I can tell you, unfor- chart will show, all but the head—they rare terminations. They occur very tunately, the media has not done a deliver the baby out of the mother, rarely. They occur under the most dif- very good job of exposing this. I do not with the exception of the head. ficult of circumstances. As I said, these know of any other reporters who made Why do they leave the head? Why do are pregnancies that have gone awry.’’ calls to their abortion clinics. They they not take the head out first, which Let me tell you what Members of the will not tell me or National Right-to- would be a normal delivery, a safer de- Congress said. From Pat Schroeder, Life when they call, but they might. livery? The reason they do not deliver ‘‘There are very, very, very few of Sometimes they do not. I know of a re- the head first is because once the head these procedures. These procedures are porter at the Baltimore Sun who tried exits the mother, it has constitutional heart-break procedures.’’ Senator KEN- to contact abortion clinics in Balti- protection and it cannot be killed, be- NEDY, the Senator from Massachusetts, more, and at least what she related to cause once the head exits the mother, said, ‘‘The procedure involved in this me was they would not talk to her, it is considered a live birth and you case is extremely rare. It involved they would not tell her. I do not know cannot kill the baby. So they take the tragic and traumatic circumstances of any reporters who have taken the baby out feet first so they can then late in pregnancy, in cases where the time to actually check the facts. take a pair of scissors, puncture the mother’s life or health is in danger.’’ What are the facts as we know them back of the baby’s skull to create a Senator FEINGOLD, ‘‘In fact, these abor- now? Well, thanks to Ron Fitz- hole, open the scissors up to create a tions take place only when the life or simmons, who heads up an organiza- hole large enough for a suctioning tube health of the mother is at risk.’’ Sen- tion of abortion clinics—let me repeat to be put in the baby’s head, and the ator DASCHLE, ‘‘This is an emergency this, a man who runs an association brains suctioned out, thereby complet- medical procedure reserved for cases here in the Washington area—that rep- ing the murder of this baby and then where the life and health of the mother resents some 200 abortion clinics all having the baby delivered. could be endangered or where severe over the country, came out just a cou- I just remind you the reason they do fetal abnormalities are a major factor ple of months ago and said that he had not do it head first is because if they in the decision made by a woman and lied through his teeth and he could not did it head first, which would be safer her physician.’’ Senator CAROL live with it anymore. He had lied than reaching in with forceps and grab- MOSELEY-BRAUN, ‘‘Partial-birth abor- through his teeth about what had been bing the baby out from a breach posi- tion is a rare medical procedure used to said by the abortion industry about the tion, if they did it head first, they terminate pregnancies late in the term issue of partial-birth abortions. He said could not do this, because once the of when the life and health of the that this was not, in fact, a rare proce- baby is outside the mother they could mother is at risk or when the fetus has dure, used only in the late term for not kill the baby. severe abnormalities.’’ unhealthy pregnancies and for mater- Who is this procedure used on? It is That is what we were told over and nal health reasons or because of a se- used on fully formed babies from 20 over. That is what the media bought. vere fetal abnormality, but this was a weeks on. Now, we will discuss what That is exactly how they covered this procedure used principally in the fifth has been said in the past about who issue. They covered this issue as a very and sixth month on healthy babies and this has been used on. The abortion in- tragic, rare procedure used only in healthy mothers. In fact, I think the dustry has made claims that this pro- cases of life, health, and fetal abnor- figure 90 percent was used. Then he cedure was a rare procedure that was mality—in only a few hundred cases. said, ‘‘We estimate the number of these just used—and I will read some Now, we knew different. I argued it. procedures that are done at between quotes—quoting from the Feminist Ma- Check the record from the last debate, 3,000 and 5,000, not 500.’’ He said, ‘‘We jority Foundation, ‘‘A procedure used that this was not as rare as they sug- have known this all along.’’ He said as less than 600 times a year, and in every gested. In fact, I entered into the soon as the bill was introduced he case, to protect the life or health of the RECORD an article written last fall by called some of his providers, and he woman.’’ ‘‘The procedure is used only,’’ the Bergen County Sunday Record in knew this from day one of this debate, according to the Feminist News, ‘‘600 New Jersey, where a reporter who took of, now, I think, 2 or 3 years ago. Yet time a year to save the life, health, or the time to do something reporters the industry, knowing this, up until future fertility of the woman and in usually do not do on debate, particu- literally the day before, and in fact on cases of severe fetal abnormality.’’ larly when it has to do with checking the Web page of some of the abortion Here is another feminist news article, people in the abortion industry on rights groups, you still find claims that ‘‘used less that 500 times a year when their facts. She actually checked the this is a rare procedure used only in necessary to protect the health of the facts. This reporter checked at an abor- the cases of fetal abnormality. So they May 13, 1997 CONGRESSIONAL RECORD — SENATE S4385 continue to try to perpetrate the lie, a mother presents herself in a life- her cervix dilated, and he would be able and they certainly did until Ron Fitz- threatening situation where you would to quickly do this procedure, so that he simmons blew the whistle. then conduct a procedure that takes 3 could do more in one day. It is done for So what do we know now? I am not days in which to abort the child. the convenience of the abortionist. too sure we know too much. We know Again, I am a lay person here, not a That is why. It is not done to protect from the Abortion Provider Organiza- physician. I have talked to physicians, anybody’s life or health. It is done to tion that they are willing to admit to and they say there is no such situation. make it easier on the abortionist. And 3,000 to 5,000. There is no check on what But as a lay person, you don’t have to it is used, again, on healthy moms, that number is. It could be 3,000 to be a doctor to figure this one out. You healthy babies in the fifth and sixth 5,000, 5,000 to 10,000, 10,000 to 20,000, are rushed and presented to a doctor month of pregnancy, in almost all 20,000 to 30,000. There is no independent with a life-threatening situation and cases. verification of that number, and we they say, let me give you medicine and (Mr. BROWNBACK assumed the have to rely on the organization that is come back, and then give you medicine chair.) here fighting this bill to give us the in- again and come back, and they give Mr. SANTORUM. Where is this proce- formation which we want to fight over. you more medicine and send you home. dure done? Will you find this procedure So we know of at least 3,000 to 5,000, That isn’t going to happen. But to take done in the finest hospitals in this but we also know that in one abortion care of those who have an objection, we country? Will you find it even de- clinic alone 1,500 were performed last put a life-of-the-mother exception in scribed in a medical book? Will you year, and the doctors who were inter- there. find it taught at any school in this viewed for that story in the Bergen Now they want a health-of-the-moth- country? The answer to all of those County Sunday RECORD said they had er exception. Let’s first look at wheth- questions is ‘‘no.’’ This is not taught trained other abortion doctors in the er this would be used to protect the anywhere. This has not been peer-re- New York area who also performed the health of the mother. I have talked to viewed anywhere. This is not used in procedure. The other people who were a lot of physicians, obstetricians who any major medical center. It is used in known to perform the procedure and have stated very clearly to me that a abortion clinics exclusively. No hos- teach it do not reside in the New York partial-birth abortion is never nec- pital will get near this procedure. It is area. And we also have reports from a essary to protect the life or health of a not a peer-reviewed procedure. It is not doctor in Nebraska who said that he mother. That is a group of more than an accepted medical procedure. It is has performed 1,000 of these abortions. 400 obstetricians, principally obstetri- not in any textbooks or in any kind of So I just caution, as we begin the de- cians and gynecologists, and some educational literature. It is a fringe bate here, that we are debating on other physicians, including C. Everett procedure by someone who wanted to some very soft ground when it comes Koop, former Surgeon General of the make it easy on themselves to do more to how many of these abortions are United States, who, prior to his fame late-term abortions and do more of performed, when we make this claim as Surgeon General, was a well-re- them in 1 day. that it is only a few thousand. Maybe I spected and well-known pediatric sur- So that sort of sums up the who, am making too much of the fact that it geon who dealt with children shortly what, when, why, where, and how many is a few thousand as opposed to a few after birth, trying to fix some of the of this procedure. Now, why do we hundred. I guess I make the point be- problems that they were born with. So think it is important to outlaw this cause it points out the inaccuracy of we have clear medical judgment that procedure? Well, there are lots of rea- the opposition’s information. Frankly, this procedure is never necessary to sons why I think we should outlaw this if it was one, it is as much of a crime, protect the health of the mother. In procedure. No. 1, because it is a bar- in my mind, and I hope in most Ameri- fact, they make the argument that it is baric procedure. I hope that it would cans’ minds. If we subject one baby un- contraindicated, that it, in fact, shock the consciousness of every Mem- necessarily to this barbarism, is that threatens the health of the mother for ber of the Senate that we would allow not enough? Do we need 500? Do we a variety of different reasons. So we innocent human life to be treated in need 1,000? Do we need 3,000 to 5,000? Is have doctors who say that this is not such a deplorable fashion, to be man- that the threshold where Americans necessary to protect the health of the handled and destroyed, as we would not will look up and say maybe we should mother. even allow a dog to be destroyed. So, do something about it? One is not Now, I will ask—and I have asked on the surface of it, the obvious reason enough. It does not stir up moral out- Members on the other side of this is that this goes beyond the pale of rage if it is only 1, 2, 200, or 500. issue—when would this procedure be what should be acceptable in our soci- Why is this procedure used? As I said used to protect the health of the moth- ety. I can’t imagine a Senator from the before, they suggested that this proce- er? Remember, it is a 3-day procedure. United States of America standing on dure was used to protect the life and I have talked to physicians who say the floor of the U.S. Senate 30 years health of the mother. That was the ar- there are times when the life of the ago with these charts and having to gument being used. As I said before, 90 mother is in danger or the health of argue—argue—that this should be ille- percent of the abortions, according to the mother is in danger and they need gal in our country. Absolutely incom- the people who oppose this bill, 90 per- to separate the child from the mother. prehensible. Yet, 30 years later, as a re- cent of the abortions, are performed But in none of those cases is it nec- sult of Roe versus Wade, we have be- electively, for no reason other than the essary to deliberately kill the baby. come so desensitized to the humanity mother decides late in pregnancy that They can induce labor, deliver the of a baby inside the mother that we she does not want to carry the baby. child vaginally and give it a chance to will allow this to occur—and defend it, The question is, is it ever medically live. They can do a Cesarean section defend it, vehemently defend it as a necessary to use this? Because that is and deliver the child that way and give right. the argument, that we need to keep the child a chance to live. At no time The abortion debate in this country this procedure legal because it is medi- is an abortion necessary that kills the since Roe versus Wade has focused on cally necessary to protect, as the baby in order to protect the health of the issue of rights, of choice. The rea- amendment from the Senator from the mother. And so why is it per- son I think the abortion industry and California, Senator BOXER, which we formed? abortion rights advocates are so upset anticipate being offered, it is necessary The answer is very simple. It was about this debate is because, in a par- to keep this procedure legal to protect given by the person who designed the tial-birth abortion, you can’t miss the life and health of the mother. But procedure, who is not an obstetrician. what is at stake here. This is not about we have the life-of-the-mother excep- He is a family practitioner who does a right. It is about a baby. You can’t tion in the bill. So we have taken care abortions. He designed this procedure, miss the baby here. It is right here be- of the first issue. Although, as I said very candidly, because this was a pro- fore your eyes. It is right there where before, I cannot imagine—and I have cedure that he could do on an out- you can see it. It is outside of the asked on the floor this question, and I patient basis. The woman would mother and you can’t avoid it. That is ask it again—any circumstance where present herself after 3 days of having why they just cringe when this bill S4386 CONGRESSIONAL RECORD — SENATE May 13, 1997 comes to the floor, because now we are this procedure—and we would because is incredible to me that we even have talking about the dirty little secret we most do take place in the second tri- to debate this. But it is here because have had in this country for a long, mester—that we violate Roe versus people just have forgotten what life is long time, that abortion—and I will use Wade, they don’t understand Roe ver- all about, and what life means. the words of Ron Fitzsimmons—‘‘One sus Wade. That child is no longer in the We have across the street, at the Su- of the facts of abortion is that women uterus and that child, now that it is preme Court, the issue of doctor-as- enter abortion clinics to kill their born and still alive, still feeling, able sisted suicide. We have had lower fetuses. It is a form of killing. You’re to feel pain, cannot be killed; or at courts say that doctor-assisted suicides ending a life.’’ Bravo for Mr. Fitz- least we can ban it under Roe versus are OK. We have massive organizations simmons for stating the obvious. But Wade because it has rights. The baby —I do not know how massive—at least that is something that the abortion in- has rights. organized organizations that advocate dustry has steadfastly avoided. He is So we very strongly believe that for allowing people to kill themselves talking about what abortion really is. these spurious arguments that some- and to have doctors help them. Again, It is about ending a life. And in this how or another Roe versus Wade is I look back at 20 or 30 years ago and case, you can’t miss the life. It is right being violated—by the way, there is wonder whether that debate could have here, right before your eyes, fully nothing more I would rather see than occurred at this time. But do not be formed. The argument about just a Roe versus Wade being violated, but it surprised, particularly if this bill is un- blob of tissue or some protoplasm doesn’t do it here. This procedure does successful, if we send the message out doesn’t hold up at this late stage of a not do it. This procedure falls well to the country that says human life pregnancy. This is a baby. It is a fully- within the constitutional boundaries of isn’t really that valuable, that we can formed little baby. In many cases, it’s Roe versus Wade and Doe versus in fact brutalize the most innocent a viable little baby. Bolton. children who have done nothing wrong I mentioned Roe versus Wade. There Another issue that is being charged to anybody. are some people who will argue that against this procedure—or it comes out It is amazing. You can describe this this goes over the line, that this vio- in favor of this procedure—is the issue procedure. I saw a television commer- lates the provisions of Roe versus of a fetal abnormality. I am going to cial put out by one of the groups who showed a prisoner shackled, both arms Wade. Let me address that issue very have a lot to say about the issue of and legs, walking down death row and briefly and I will refer not only to the fetal abnormality. But let me just say being put in a chair. While he was committee report in the House, the this for now. We have had Members of walking and he was led to the chair, House Judiciary Committee report, but the U.S. Senate stand here in some of what if a voice describes the procedure, also the remarks made by my colleague the finest hours of the U.S. Senate, and describes taking the scissors and punc- from Pennsylvania, Senator SPECTER, argue forcefully, gallantly, to protect turing the base of the skull and stick- on this issue. It was one of the reasons the rights, the health, the safety, the ing a vacuum tube in the base of the he supports the ban. When the baby is security of disabled children. We skull and suctioning the brain out? The here in the mother’s uterus, Roe versus passed the Americans With Disabilities courts would clearly find that cruel Wade applies. Roe versus Wade says Act. We are debating ironically—the and unusual punishment and violative that, basically, for the first two tri- irony is not lost—IDEA, which has the of the Constitution. But you can do mesters, the woman has the right to do rights of disabled children in our dis- that to a little baby who hasn’t killed whatever she wants to do with that cussion today. That bill is actually the anybody. It hasn’t robbed, raped, sto- child in her womb. That is what Roe bill before us as I speak. You will hear len, nor harmed a soul. And then we versus Wade says. They said, in the such passion. You should listen to wonder what is happening to our cul- third trimester—it is definitely implied some of the debate—those of you who ture. We wonder, as we sit at home and if not stated—because of the fetus’, the did not—the passion of the Senators we listen to the news, and we listen and baby’s, potential viability, the rights defending the right for children with we read the papers, and we see the of the baby come into play and there disabilities to have access to edu- young people out there, and we wonder. are limitations on abortion. cational opportunities so they can Why have they gone astray? What is Well, see, we have an interesting case maximize their human potential. Yet, happened to the fabric of our culture? here because this procedure takes the unfortunately some of the most pas- Why don’t they have respect for our baby outside. The baby is not only out- sionate speakers on that issue—turn country, for people’s goods, for other side of the uterus, except for the head, around and passionately argue that be- people’s lives? Why, indeed? You need but outside of the mother almost com- cause of their disability we should be to look only this far: 1.5 million abor- pletely, and is in the process of being able to kill them before they are born. tions a year, as public, and as cus- born. In fact, the baby is almost com- Abraham Lincoln used a Biblical tomary, and as usual, and, as a matter pletely born, hence the procedure’s verse. ‘‘A house divided against itself of fact, as any number you will hear on name, ‘‘partial birth.’’ So the baby is cannot stand.’’ How can you with any the U.S. floor—1.5 million abortions. no longer completely within the do- kind of reflective conscience argue OK, what is next? You will hear it main of the uterus and then ruled by that the right to be so that children discussed in the news: Abortion. It is a Roe versus Wade. By leaving the uter- with disabilities have the ability to matter of choice. It is someone else’s us, the baby gains rights that it didn’t maximize their human potential and decision. I do not want to get involved. have inside. the Government should be there to en- It has nothing to do with me. Look As an aside, don’t you find it an in- sure that their rights are not trampled around you. Things are coming to roost teresting irony that inside the moth- upon and then not be willing to give in this country. When you have such er’s womb this little baby, surrounded them the most precious of all rights, disdain for human life that we are see- by fluid and warmth, is the most vul- the right to live in the first instance? ing exemplified, magnified, by allowing nerable to be killed and has no protec- How can you be a champion of the dis- this procedure to go forward, by allow- tion against someone who wants to kill abled when you will use fetal abnor- ing this innocent little baby to be mu- it. Once it leaves what would be seen mality as an excuse to kill them in the tilated, butchered in such a way. Peo- by the baby as a safe environment, first place? ple who vote for this to remain legal then it could be protected. But in the It is a shocking realism in this coun- have answered their own question as to place where you would think that the try that goes back to what I suggested why our culture is the way it is, be- baby would be most secure is the one before, which is we have become so de- cause the great, great leaders of our place where it is the most vulnerable sensitized to human life to kill a little country, the role models—that is what to being killed, and only because this baby, that unseen, unborn child, that we are, whether we like it or not. procedure involves partial birth, only because it is unseen you can just put it Every Senator who goes into a school— because the baby leaves the mother out of your mind, it is not really seen. and I go into a lot of them—particu- does Roe versus Wade not apply. And That desensitization has consequences. larly young kids. I am sure the Presid- so those who argue that we banned sec- We are seeing the consequence right ing Officer now sees this as a new Mem- ond-trimester abortions by banning now. We are debating this procedure. It ber of the Senate. Oh, they would love May 13, 1997 CONGRESSIONAL RECORD — SENATE S4387 to have your autograph. They want to turn that wrong, we will be in for very reason that so many Members have have your picture taken with them be- serious, even more serious, con- struggled so hard with this—and I cause you are someone to look up to. sequences for this country. know they have, people who I know be- You are someone who has achieved a So I hope that my colleagues, enough lieve deeply in this right of privacy and level of excellence that we admire in of my colleagues, would share my con- the right to abortion as enumerated in this country. You are in a position of cern, would look at the new evidence. Roe versus Wade, that they have made authority. What you say and think There are new facts that are accurate their moral judgment that this is OK, matters. And they look up to us. to the degree they can be accurate re- but even to those Members this stirs a Is this what you want them to see? Is lying on the other side. There are more disquiet. This stirs some this what you want to teach the next accurate facts available now on this de- uncomfortableness in them. Follow generation, that this kind of brutality bate. There is ample reason to recon- your heart. Your brain is there. If you is OK, and then you wonder why you sider this vote. look at the facts, the brain is going to see random acts of violence and you I hope that they would be led by both be there. The only thing stopping you wonder why you see no respect for their hearts and their minds because is your heart. Open your heart to these human life? The consequences are real. on both scores we win. There is no babies. Do not let this kind of barba- They are here. We don’t have to specu- medical reason for this procedure to rism continue. Stop the murder, stop late as to what the consequences of occur. You will not find any physician the infanticide, and you will not be vio- this are. They are here, and we are liv- anywhere describing any condition lating Roe versus Wade, not one word ing with it. where this procedure is necessary and of it. All we want to do here is to take one is the only one available to be used for So as we start this debate tomorrow, little step in creating some decency whatever situation. In fact, as I said I intend to debate the facts. I intend to again, one meek little message for the before and I will say over and over stand up and go through all of the ar- people in this country that life should again, this is a 3-day procedure. Why guments not only on this procedure but be respected, that children should not would it ever be used in a life-threaten- on Senator DASCHLE’s amendment, be brutalized unnecessarily. That is ing situation when there is imminent Senator BOXER’s amendment, and talk what this procedure does. health damage? It would not be used. about why those two amendments, par- You will hear arguments that this We have hundreds of physicians who ticularly the Daschle amendment, I will not stop abortions. It may be true. have testified via letters that this pro- might add, not only is a sham in the I wish I could say this would stop hun- cedure is never medically indicated. sense it is just political cover, which is dreds and thousands of abortions. But I So on the facts, on the medical facts, exactly what it is, it does not accom- am not too sure that it will. using their brain only, this is not only plish anything. The Daschle amend- What I am sure of is that this brutal- unnecessary, unwarranted, but ment which we will debate, I am sure, ity will stop and we will send a very unhealthy. tomorrow will not stop one partial clear, positive message to Americans I will share one other statistic from birth abortion, not one. The Daschle and to the world that this kind of bar- the Alan Guttmacher Institute, one of amendment will not stop any abortion. barism has no place in American cul- the signatories of the letter I referred In fact, I will argue tomorrow, and I ture, certainly no place in the laws of to earlier with NOW and NARAL. This think I can point out clearly from the our country. is an organization which is very much language of the text, the Daschle So I hope that as Members come to- proabortion. This is a very, very radi- amendment expands Roe versus Wade. morrow and we begin the formal debate cal group. And here is what their num- Yes, this amendment which is supposed on this bill that they will come with bers say. After 20 weeks gestation, to be a compromise—interesting we use open minds and open hearts, that they after roughly 4 and a half months, the term ‘‘compromise’’ when the will seek the truth. This debate has abortion is twice as dangerous to ma- Democratic leader never talked to any- been surrounded by lies from those de- ternal health as delivering a baby. So body on our side of the issue. You fending the procedure. Hopefully those to even suggest that abortion is nec- would think when you are trying to admissions of lies will give people the essary in cases of whatever, fetal ab- compromise with someone you would opportunity to look anew at what the normality or just because you do not talk to the other side in reaching a facts are, not just the facts of when want to have the child, that that is compromise. this is used, but how it is used. I went safer for the mother than delivering That did not happen. I did not receive through all of those things—but what the baby either via Cesarean section or one phone call or even the hint of a the ramifications are for this country by vaginal delivery, the pro-choice in- phone call. No one else that I know of and for our society. stitute, Alan Guttmacher Institute, who supports the bill—of the 42 cospon- The abortionists are probably right. says that it is twice as dangerous to sors of the bill, it is my understanding We are not going to stop a lot of abor- the life of the mother to have an abor- none of them received a phone call. tions. There are other methods of abor- tion after 20 weeks as it is to deliver And so this compromise, which was tion available if we outlaw this. Abor- the baby. drafted by people who oppose this bill tions unfortunately on babies this age So if you are really wrapped up on to give political cover by saying things will continue. But we send a signal, as this issue of health, abortions are more like, well, we are going to ban all small as it is. dangerous than delivering the baby. postviability abortion, then leaves it to That is why I guess I am so shocked There is no health reason to do this the abortionist to decide what is viable at the vehemence of the opposition, the procedure. In fact, because it is a blind and what is a health exception because opposition that says this will not stop procedure—the abortionist cannot see they have a health exception—we will abortions, the opposition that admits the base of the skull, and so they have ban all postviability abortions except that this is rare and that this is a to feel—as you see, they have to feel for life and health. Who determines fringe procedure. They admit it is not with their hands and then take a blunt health? The person performing the a commonly used procedure, that it is instrument and puncture the base of abortion. not in the medical literature. They the skull, which can cause bone frag- Wait a minute. Let me get this know all of that. Yet, they stand here, ments. This is a very blood-rich area, a straight. You have someone performing backs to the wall, fighting for every lot of veins exposed. There can be dam- an abortion. They are doing it. They last inch of not defendable territory. age done by doing this blind procedure. are performing an abortion on a client. Folks, this is not defendable territory. This is not a procedure that protects They are killing a baby. After they fin- We may not win this time. I don’t the health of the mother. ish killing the baby, then they have to know what God has planned for this de- So using your brain, looking at the certify whether this baby was either bate. But we may not win this time. facts, this is a no. We should not allow viable or there was an exception for the That is OK. We will be back. this. This is dangerous. This is wrong. life or health of the mother. This is wrong. So when people in the And I would think—I cannot speak to Put yourself in the position of the U.S. Senate who believe something is the heart, but I would think that your abortionist. Are you going to say the wrong don’t stand up and fight to over- heart and that your conscience and the baby was viable and I killed it? There S4388 CONGRESSIONAL RECORD — SENATE May 13, 1997 was no health exception and I went agrees to do at any time. Oh, you can about earlier who can come to terms ahead and killed the baby. Raise your probably string the viability issue with this debate on the intellectual hands. How many people think that the along to 35 or 36 weeks and you prob- level and have trouble crossing the abortionist is going to claim that they ably have to admit that after 35 weeks threshold of the heart, I will put a face violated the law? Because they are the that baby is viable. But the health, on partial-birth abortion. It will put a only ones who certify to it. No one else there is all sorts of health things that face on what is going on out in our can. Many times I have seen in the can go on even at that late time. country, with doctors who are so afraid paper this debate has been analogized So I would just caution my col- of malpractice, so afraid of difficult to the debate on the second amend- leagues who are considering this legis- and complicated deliveries that they ment, the right to bear arms. lation that this is a real change in the choose the easy way out. ‘‘Let’s get her Let me give you this analogy. It is law. This will have an impact on stop- to abort the baby now so we don’t have like passing a piece of legislation on ping a procedure that has no place in to deal with this.’’ assault weapons. That was a very popu- American society. The Daschle pro- Many of you are thinking, ‘‘Oh, I lar topic. It is like passing a piece of posal not only does not change the face can’t believe that.’’ Believe it. Believe legislation on assault weapons and say- as far as the existing rights of abor- it. It happens every day. You do not see ing that the gun dealer will define tionists and abortion, I have argued any wrongful death suits, do you, what an assault weapon is for purposes and will continue to argue that it ex- against abortionists for terminating a of whether they break the law. pands the right to abortion. Anyone pregnancy? I am not aware of any. But That is exactly what this bill does. It voting for the amendment of the Sen- you will see wrongful birth suits for allows the doctor to define what the ator from South Dakota will vote to children born, and their parents, in- law is, in other words, what the excep- strike this procedure—in other words, credibly, believe that their child was tions to the law are, and no mentally vote against this procedure because his better off dead than born. competent abortionist who has just amendment which will be offered to- So, for doctors, as normal human aborted a baby is going to claim they morrow strikes this procedure from the beings, risk averse, it is easier to broke the law, just like no mentally bill. In other words, cuts it, amends it abort. You can’t get sued when you competent arms dealer is going to sell out and replaces it, substitutes it with abort. They sign all these waivers and a howitzer and say it is an assault his phony ban which not only does not consents. We will be fine. But they can weapon. They are not going to say it is ban anything but expands the right to sue us if we do not do everything we an assault weapon. I broke the law. an abortion. can to get them to abort beforehand So I would just caution Members You let me certify it. A howitzer is not and we have a complicated delivery when they vote on Senator DASCHLE’s an assault weapon. And under the and things happen, or the baby is de- amendment that they are doing two formed and we did not explain maybe Daschle bill, if we could apply it to things, one of which they will admit well enough how deformed the baby guns, the arms dealer is OK. Wait a they are doing. They are getting rid of was. minute. We have the certification here. this legislation. That is No. 1. So they I would argue it is easier to get an No problem. He certified it is not a will be voting against this procedure abortion in this country when you are howitzer. He said it is not an assault being banned. And No. 2, they will be carrying a child with a fetal abnormal- weapon. He said it is something else. expanding the rights of abortionists ity than it is to find a doctor who will Again, just remember the people of- and abortion beyond what Roe versus deliver it. I will tell you a story tomor- fering this amendment have a 100 per- Wade currently does by allowing the row of exactly that case. I am sure cent voting record against pro-life is- abortionist to have complete authority there are other cases out there. In fact, sues. They have vehemently opposed over what is a health exception, what I know there are other cases out there. this bill from day one. You can always is viability. It goes back to the point I was mak- tell the validity of this kind of legisla- So, this is really a very clear debate, ing. Not only do we as a society, but tion by who supports and who opposes. and we will commence tomorrow in for- unfortunately the people who are most Now, you would think that an indus- mality between those who want to at responsible for delivering our children try—and that is what abortion, unfor- least take a procedure and say this become so callous, many of them—not tunately, has turned into with 1.5 mil- goes too far, that the right to an abor- all of them. Certainly not all of them. lion a year. It is an industry. You tion is not so absolute as to allow this I hope most would understand the sig- would think that an industry that has kind of barbarism to occur, and others nificance of a human life and protect it gone to tremendous lengths and ex- who believe that Roe versus Wade did and honor it and dignify it. But, sadly, pense to oppose a ban on a procedure not go far enough. In spite of all the that is not the case in far too many in- which they admit is infrequent, that rhetoric we will hear tomorrow, the stances with the professionals in the does not happen very often, that is bottom line, with the amendment of field of genetics counseling. only an alternative and others could be the Senator from South Dakota, is My father-in-law, Dr. Kenneth done in place of it, that they argue is that he will be arguing in fact—not by Garver, went into genetic counseling not going to stop one abortion, that his words, because I am sure he will when he was a pediatrician in Penn they would fight vehemently against not agree with that—but in fact—read Hills, PA. He decided to go into genetic this that will not, in their own words, the language, his amendment will loud- counseling and medical genetics. I stop one abortion, they argue against ly say that Roe versus Wade is not know one of the reasons that drove him this, yet they support Senator broad enough, that we need more ac- to do so was not only the fascinating DASCHLE’s proposed amendment. cess to abortion than we have today. developments in medical genetics, Now, wait a minute. If Senator I think, of anything that I have which were certainly a lure to someone DASCHLE’s proposal actually stopped learned in dealing with this issue, par- as bright as he and as interested as he abortion, do you think they would sup- ticularly when it comes to children was in the subject, but a fear, that has port it? I think you can answer that for who are in utero, with disabilities, that been borne out to be a legitimate fear, yourself. The people who oppose it are the issue is not the ability to get an that the people who have been drawn people like myself who understand abortion in this country. If you have a to that field are people who do not be- what it is. It is a sham. The proposal child with a disability, and it is diag- lieve that that baby has a right to life, does nothing except one potentially nosed in utero, I guarantee not only who very much believe in abortion and very dangerous thing. By giving the will the abortion option be made avail- counsel for it and, in far too many abortionist the right to determine able to you, because they are legally cases, encourage it. It is a field that he what health and viability is, you ex- required to do that, but if they see a got into because he wanted at least pand Roe versus Wade because under badly deformed baby, they will do ev- someone—someone—where men and Roe versus Wade at least third-tri- erything, most of the physicians, most women who are going through a dif- mester babies are somewhat protected. genetic counselors, will do everything ficult pregnancy could come and not be Under the DASCHLE proposal, there is to encourage you to have an abortion. browbeaten into having an abortion. no protection, none. It is whatever the I will talk about one such instance You say, ‘‘Oh, Senator, you are being abortionist wants to do and the mother tomorrow. For those Members I spoke extreme here.’’ I will tell you the story May 13, 1997 CONGRESSIONAL RECORD — SENATE S4389 of little Donna Joy Watts and you tell life is not important, that, unless you period of moral decay, his example pro- me how extreme I am. And I will tell are big, strong, healthy, able to protect vides a standard for others to follow. the stories of people who have written yourself, there is no protection. It is I wish Father Duggan a memorable to me and talked to me and called me survival of the fittest. We wonder why celebration as he renews his commit- and e-mailed me about situation after we have a cynical generation X; every- ment to the redemptive mission of situation where those same set of facts one believes they are out for them- Christ. May God bless his ministry have come forward. What have we come selves, that everyone does things in with many more years of celebrations. to when we encourage people who des- their own self-interest. What could be f perately want to hold onto their chil- more in self-interest than this? What dren that this is the only way? can be more selfish than this? What HONORING THE 200 YEARS OF Some will say it is by ignorance. I kind of message are we conveying? MARRIAGE OF THE CHILDREN OF suggest in many cases it is ignorance, This is ultimate selfishness. It was not MORRIS AND IDA MILLER but in many cases it is ignorance of convenient. I was not ready. I—I—I—I. Mr. ASHCROFT. Mr. President, fami- convenience that a lot of these physi- This is a baby. It is not ‘‘I,’’ it is lies are the cornerstone of America. cians would just rather not have to ‘‘we.’’ But we have told the message to The data are undeniable: Individuals deal with the situation. So the first the young people, only ‘‘I’’ matters. from strong families contribute to the knee-jerk reaction is, ‘‘Well, the baby Then we wonder why they feel the way society. In an era when nearly half of is not going to live long. Abort it.’’ Or, they do. We wonder why they act the all couples married today will see their ‘‘The baby is going to have all sorts of way they do. We wonder what has hap- union dissolve into divorce, I believe it complications. Abort it.’’ pened to our culture, what has hap- is both instructive and important to All we are trying to do here is to say pened to our society. You need only honor those who have taken the com- stop the infanticide. That is the term look this far. You need only look at the mitment of ‘‘till death us do part’’ seri- used by the Senator from New York, selfishness, the individual self- ously, demonstrating successfully the Senator MOYNIHAN, and I believe the centeredness of this procedure. A pro- timeless principles of love, honor, and Senator from Pennsylvania, Senator cedure we would not do on Jeffrey fidelity. These characteristics make SPECTER—both of whom are generally Dahmer, a procedure we would not do our country strong. on the opposite side of the issue on the on the worst criminal in America, we For these important reasons, I rise issue of abortion. But they recognize will do on a healthy little baby. today to honor the children of Morris that when a baby is outside the moth- I hope the Senate says no. I hope the and Ida Miller, who will celebrate to- er’s womb and, as nurse Brenda Shafer Senate can just muster the moral cour- gether 200 years of marriage: said, moving its arms and legs, in the age to say no and live up to the dignity Son—Dennis and Marcella Miller, married case that she described, the partial- of this place. It is an impressive place. June 7, 1946; Daughter—Eileen and Bill birth abortion she described, the baby Great men and great women have stood Keehr, married April 8, 1947; Daughter— had the face of an angel. It was a per- in this hall and fought for noble causes. Melda and Merwin Miller, married July 3, fectly healthy, normal baby. I cannot think of any more noble a 1947; Son—Loren and Miriam Miller of Bois It thought—and yes, thought, be- cause than protecting a helpless, beau- D’Arc, Missouri, married September 1, 1947. cause babies have brains; they are tiful—whether deformed or not, in the My wife, Janet, and I look forward to human beings—thought as it was leav- eyes of God, beautiful baby. the day we can celebrate a similar ing this environment that was so warm I ask everyone within the sound of milestone. These families’ commit- and protected, little did it know that it my voice to pray that that happens, ment to the principles and values of would meet with this kind of brutality. that the Senate says no more, this is their marriage deserves to be saluted Folks, it’s not just once, or twice, or where we begin to draw the line. I ask and recognized. 10, or 20, or 100, or 500—thousands. Un- you not only to contact your Senators f told thousands. by e-mail or write or call or drop by HONORING THE BARLOWS ON I am hopeful that, as a result of all their offices, I ask you to pray that THEIR 50TH WEDDING ANNIVER- the things that were discussed for the somehow their eyes will open to what SARY past several months as a result of the the consequences of our actions are, statements by Ron Fitzsimmons, Mem- what it means to us as a society, as a Mr. ASHCROFT. Mr. President, fami- bers of this Senate will look again, culture. What the reporters are writing lies are the cornerstone of America. look at this procedure, look at the con- today is this bill will fall short of the The data are undeniable: Individuals sequences, real consequences of what 67 votes needed to override the Presi- from strong families contribute to the the U.S. Senate and the Government of dent’s veto. If you do, those things I society. In an era when nearly half of the United States will convey to the have asked, who knows? all couples married today will see their young people of our country, to any Mr. President, I yield the floor. union dissolve into divorce, I believe it person in our country, that we will f is both instructive and important to allow these innocent babies to be mur- honor those who have taken the com- dered like this. CONGRATULATIONS TO FATHER mitment of ‘‘till death us do part’’ seri- If we send that kind of message, I THOMAS J. DUGGAN ON HIS 50TH ously, demonstrating successfully the guarantee I will be down here when one YEAR IN THE PRIESTHOOD timeless principles of love, honor, and of the Senators who did not support Mr. ASHCROFT. Mr. President, I rise fidelity. These characteristics make this stands up and beats his breast, today to congratulate Father Thomas our country strong. complaining about why the crime rate J. Duggan as he celebrates 50 years as For these important reasons, I rise is so high, why there is no respect for a priest. I want to commend him for today to honor Harold and Helen Bar- property, why there is no respect for the outstanding service he provides to low of Raytown, MO, who on May 17, life, why there is no respect for—you the Catholic Church in the central Mis- 1997, will celebrate their 50th wedding name it. souri area. anniversary. My wife, Janet, and I look Kids aren’t dumb. They pay atten- This historic occasion commemo- forward to the day we can celebrate a tion. I have a 6-year-old and a 4-year- rates Father Duggan’s labor both now similar milestone. The Barlows’ com- old and a 1-year-old. It frightens me and in days past. His 50 years of dedica- mitment to the principles and values of how much they pay attention to every- tion have served many important mis- their marriage deserves to be saluted thing you do, whether you know it or sions: From caring for young World and recognized. not. They pick up so much. War II victims in the Manchester- f You see yourself. You know. You see Liverpool area of England to serving, yourself in your kids so much you just since 1960, the diocese of Jefferson LAUREN’S RUN AGAINST don’t even realize all the little things City. The high standards he has been PEDIATRIC CANCER that you do that they see. They will able to maintain are a tribute to his Mr. COVERDELL. Mr. President, it see this. They will understand what faithfulness. As our Nation looks in- is a great honor for me to draw the at- this means. They will understand that creasingly for moral guidance in this tention of my distinguished colleagues S4390 CONGRESSIONAL RECORD — SENATE May 13, 1997 to a very special event which will take memory of Lauren Zagoria and the ices, and technical support, already place in Atlanta this coming Sunday, work of two great Americans, Janis have had an enormous impact on the May 18—the Fifth Annual Lauren’s and Marvin Zagoria. And I ask that future of Massachusetts. We have truly Run. this body recognize the special signifi- become a model to the Nation. Lauren’s Run is a fantastic kids-only cance and importance of the Fifth An- However, this effort is not limited to fun run which is held every year at Zoo nual Lauren’s Run on May 18 in At- these two NetDays, and we are far from Atlanta. The purpose of the event is to lanta. finished. All across the State, parents, raise funds for the Lauren Zagoria Pe- f children, educators, labor leaders, diatric Cancer Research Fellowship at businesspeople, public servants, and City of Hope National Medical Center THE VERY BAD DEBT BOXSCORE others who care so deeply about edu- in Duarte, CA. The fellowship assists in Mr. HELMS. Mr. President, at the cation will be continuing to work to- the fight against pediatric cancer in all close of business yesterday, Monday, gether to wire more schools, train its forms through advanced research May 12, 1997, the Federal debt stood at more teachers and install more hard- and clinical treatments at City of $5,344,444,824,118.40. (Five trillion, three ware throughout the rest of the school Hope, an institution renowned for the hundred forty-four billion, four hun- year and summer. compassionate care it brings to chil- dred forty-four million, eight hundred The investment we are making will dren suffering from life-threatening twenty-four thousand, one hundred continue to pay off in better results in diseases. eighteen dollars and forty cents) our schools—students with sharper Mr. President, all of us in this body Five years ago, May 12, 1992, the Fed- skills, improved grades, lower absen- have undoubtedly devoted ourselves at eral debt stood at $3,886,829,000,000. teeism, improved grades, reduced drop- one time or another to worthy causes (Three trillion, eight hundred eighty- out rates, and improved standards of and humanitarian endeavors. But in six billion, eight hundred twenty-nine living when they enter the work force. my opinion, Lauren’s Run is a truly million) Studies show that in the year 2000, 70 special cause, and this is so for two Ten years ago, May 12, 1987, the Fed- percent all new jobs will require the reasons. eral debt stood at $2,271,664,000,000. type of high-technology skills that First, because it honors a very spe- (Two trillion, two hundred seventy-one only 20 percent of our work force cur- cial and beautiful little girl named billion, six hundred sixty-four million) rently possess. If we are to succeed in Lauren Zagoria who was diagnosed Fifteen years ago, May 12, 1982, the our endeavor, we must prepare our when she was only 21 months old with Federal debt stood at $1,060,830,000,000. children with the knowledge they need neuroblastoma, a rare and fatal form of (One trillion, sixty billion, eight hun- to be competitive in the next century. pediatric cancer. Lauren’s parents, dred thirty million) Toward that end, I will work to help Janis and Marvin Zagoria, watched as Twenty-five years ago, May 12, 1972, Massachusetts be the first State in the their precious daughter was trans- the federal debt stood at $427,349,000,000 Nation to meet President Clinton’s formed not only by the ravages of the (Four hundred twenty-seven billion, goal of wiring all of America’s schools disease, but also by the ordeal of radi- three hundred forty-nine million) to the Internet by the year 2000. ation treatments, bone marrow biop- which reflects a debt increase of nearly The Internet is the ticket to the in- sies, and surgery. As Janis and Marvin $5 trillion—$4,917,095,824,118.40 (Four formation superhighway. The effort have written about Laura, ‘‘She never trillion, nine hundred seventeen bil- taking place in Massachusetts is put- complained; she never quit; she never lion, ninety-five million, eight hundred ting this incredible resource within stopped loving or trusting those who twenty-four thousand, one hundred reach of all students. I strongly com- cared for her. After 14 months of strug- eighteen dollars and forty cents) dur- mend all those involved. gling, the disease was just too big for ing the past 25 years. Education is one of the best invest- one little girl.’’ Lauren’s Run was borne of that f ments we can make in the future of this State, and wiring students to the child’s tragic and painful struggle. De- NET DAYS Internet is one of the wisest forms our termined to honor Lauren’s life and to Mr. KENNEDY. Mr. President, last sustain her legacy, Janis and Marvin investment can take. The Internet is year Massachusetts was ranked 48th in Zagoria began to lay the groundwork the blackboard of the 21st century, and the Nation in networked classrooms. for the children’s run just 2 months we should be prepared to use it to the Only 30 percent—700 out of our more after her death in March 1992. The first fullest of our capability. The Internet than 2,400 schools—had adequate com- Lauren’s Run was held in 1993. is the newest world of information, and I will have the honor of attending the puter technology and wiring. In a State the newest frontier to conquer. Much Fifth Annual Lauren’s Run on May 18, with such a critical mass of knowledge- like the shot heard around the world, and I will be presenting an American based industries requiring a highly- our dedication to our students must be Hero award to Janis and Marvin trained, highly skilled work force, this heard all over the globe. Zagoria on that occasion. They are was unacceptable. Ultimately, the strength of this ef- truly two wonderful points of light— So in May 1996, we created the fort comes not from computers and people who inspire others in their com- MassNetworks Educational Partner- wire, but from our ability to help munity to do what is right on behalf of ship as a nonprofit collaborative effort schools teach and help students learn those in need. to assist our schools in becoming wired in new ways. I am confident that we Mr. President, the other reason that to the Internet, and to coordinate what will make the most of the tremendous I believe Lauren’s Run is a special are now called NetDays not only in opportunity that is at hand. cause is because little Lauren Zagoria Massachusetts but all across the coun- f could have been any child in America try. FAMILY CHILD CARE today. We owe it to Lauren and to all We began this effort, to be sure, with APPRECIATION DAY the children we know and love to do ev- an advantage over most other States. erything in our power to eradicate the Our information technology industries Mr. HATCH. Mr. President last Fri- scourge of pediatric cancer. At City of have grown rapidly in recent years. We day, May 9, was ‘‘Family Child Care Hope, pioneering work is underway to enjoy strong labor unions and highly Provider Appreciation Day’’ in Utah increase the long-term survival rate of dedicated teachers, principals and su- and perhaps in other States as well. It children suffering from such illnesses. perintendents, which have combined is fitting to pay tribute to family-based There is hope indeed that one day we their expertise to allow us to accom- child care providers who are an essen- may overcome the tragedy of pediatric plish much in a brief amount of time. tial component of our child care sys- cancer—provided that we open our For our two State NetDays since last tem, both in Utah and throughout the hearts and, yes, our pocketbooks to en- May, we have had more than 14,000 vol- United States. able research to discover the cures unteers help wire over 800 additional Family Child Care Providers are self- which are surely within reach. schools in Massachusetts. These volun- employed business people caring for up Mr. President, I ask all of my col- teers, aided by 15 million dollars’ worth to six children at a time in their own leagues to join me in honoring the of donated and discounted goods, serv- homes for as much as 50 hours per May 13, 1997 CONGRESSIONAL RECORD — SENATE S4391 week. Utah has over 2,000 family child from the President of the United The United States also continues to care homes which service about half of States, together with an accompanying pursue Case A/29 to require Iran to the children in child care. Currently, it report; which was referred to the Com- meets its obligation of timely payment is estimated that 65 percent of mothers mittee on Banking, Housing, and of its equal share of advances for Tri- with children under 5 work outside the Urban Affairs. bunal expenses when directed to do so home, so the need certainly exists for a by the Tribunal. The United States To the Congress of the United States: variety of child care options. Child I hereby report to the Congress on filed its Reply to the Iranian State- care provided in individual family developments since the last Presi- ment of Defense on October 11, 1996. homes is one such option. Also since my last report, the United dential report of November 14, 1996, Some parents for a variety of reasons States appointed Richard Mosk as one concerning the national emergency prefer home environments for their of the three U.S. arbitrators on the with respect to Iran that was declared children. Debbie, a child care provider Tribunal. Judge Mosk, who has pre- in Executive Order 12170 of November in West Valley City, UT, watched a 2- viously served on the Tribunal and will 14, 1979. This report is submitted pursu- year-old who was on a feeding tube. It be joining the Tribunal officially in ant to section 204(c) of the Inter- is often very difficult to find care for May of this year, will replace Judge national Emergency Economic Powers sick or disabled children; but, in the Richard Allison, who has served on the Act, 50 U.S.C. 1703(c) (IEEPA). This re- flexible setting of her home, Debbie Tribunal since 1988. was able to provide the personal atten- port covers events through March 31, 3. The Department of State continues tion and care needed, making this par- 1997. My last report, dated November to pursue other United States Govern- ticular child’s experience as positive as 14, 1996, covered events through Sep- ment claims against Iran and to re- possible. tember 16, 1996. spond to claims brought against the 1. The Iranian Assets Control Regula- Vicki is a family child care provider United States by Iran, in coordination tions, 31 CFR Part 535 (IACR), were in Cedar City, UT. She has provided with concerned government agencies. help for parents who are trying to re- amended on October 21, 1996 (61 Fed. On December 3, 1996, the Tribunal is- build their lives. In one case, she pro- Reg. 54936, October 23, 1996), to imple- sued its award in Case B/36, the U.S. vided care for a little girl while her fa- ment section 4 of the Federal Civil claim for amounts due from Iran under ther was in jail and her mother was Penalties Inflation Adjustment Act of two World War II military surplus working, but not earning a lot. Vicki 1990, as amended by the Debt Collec- property sales agreements. While the says this family is doing better now. tion Improvement Act of 1996, by ad- Tribunal dismissed the U.S. claim as to The father is out of jail and holding justing for inflation the amount of the one of the agreements on jurisdictional down a job. Vicki is still caring for civil monetary penalties that may be grounds, it found Iran liable for breach assessed under the Regulations. The their son while his mother works. of the second (and larger) agreement amendment increases the maximum Vicki says she likes to help families to and ordered Iran to pay the United civil monetary penalty provided in the get off of welfare and to build a better States principal and interest in the Regulations from $10,000 to $11,000 per future. amount of $43,843,826.89. Following pay- Family child care providers help fam- violation. ment of the award, Iran requested the The amended Regulations also reflect ilies like these to achieve the Amer- Tribunal to reconsider both the merits an amendment to 18 U.S.C. 1001 con- ican Dream. Family child care not only of the case and the calculation of inter- tained in section 330016(1)(L) of Public helps parents in the work force with est; Iran’s request was denied by the Law 103–322, September 13, 1994, 108 peace of mind, but it also provides a Tribunal on March 17, 1997. Stat. 2147. Finally, the amendment supplemental income for mothers who Under the February 22, 1996, agree- notes the availability of higher crimi- want to be home with their own chil- ment that settled the Iran Air case be- nal fines for violations of IEEPA pursu- dren. fore the International Court of Justice But do not confuse family child care ant to the formulas set forth in 18 and Iran’s bank-related claims against providers with babysitters. Family U.S.C. 3571. A copy of the amendment the United States before the Tribunal care providers in Utah follow the high- is attached. (reported in my report of May 17, 1996), 2. The Iran-United States Claims Tri- est of standards; they renew their the United States agreed to make ex bunal (the ‘‘Tribunal’’), established at licences every year by taking 12 credit gratia payments to the families of Ira- The Hague pursuant to the Algiers Ac- hours of classes and updating certifi- nian victims of the 1988 Iran Air 655 cords, continues to make progress in cation in both CPR and first aid on a shootdown and a fund was established arbitrating the claims before it. Since yearly basis. Utah has over 2,000 family to pay Iranian bank debt owed to U.S. the period covered in my last report, child care homes which service about nationals. As of March 17, 1997, pay- half of the children in child care. These the Tribunal has rendered eight ments were authorized to be made to statistics as well as the level of profes- awards. This brings the total number surviving family members of 125 Ira- sionalism in which family child care of awards rendered to 579, the majority nian victims of the aerial incident, to- providers operate is very important of which have been in favor of U.S. taling $29,100,000.00. In addition, pay- when it comes to quality care for our claimants. As of March 24, 1997, the ment of 28 claims by U.S. nationals children. value of awards to successful U.S. against Iranian banks, totaling The future of our country depends on claimants from the Security Account $9,002,738.45 was authorized. the quality of the early childhood expe- held by the NV Settlement Bank was On December 12, 1996, the Depart- riences provided to young children $2,424,959,689.37. ment of State filed the U.S. Hearing today. Family child care providers pro- Since my last report, Iran has failed Memorial and Evidence on Liability in vide important choices for parents who to replenish the Security Account es- Case A/11. In this case, Iran alleges must work. As a strong advocate for tablished by the Algiers Accords to en- that the United States failed to per- putting our children first, I am pleased sure payment of awards to successful form its obligations under Paragraphs to honor these outstanding citizens in U.S. claimants. Thus, since November 12–14 of the Algiers Accords, relating to our communities who are making such 5, 1992, the Security Account has con- the return to Iran of assets of the late a difference. I am happy to join in rec- tinuously remained below the $500 mil- Shah and his close relatives. A hearing ognizing their achievements as well as lion balance required by the Algiers date has yet to be scheduled. their importance as part of our child Accords. As of March 24, 1997, the total On October 9, 1996, the Tribunal dis- care system. amount in the Security Account was missed Case B/58, Iran’s claim for dam- f $183,818,133.20, and the total amount in ages arising out of the U.S. operation the Interest Account was $12,053,880.39. of Iran’s southern railways during the REPORT CONCERNING THE NA- Therefore, the United States continues Second World War. The Tribunal held TIONAL EMERGENCY WITH RE- to pursue Case A/28, filed in September that it lacked jurisdiction over the SPECT TO IRAN—MESSAGE FROM 1993, to require Iran to meet its obliga- claim under Article II, paragraph two, THE PRESIDENT—PM 34 tion under the Algiers Accords to re- of the Claims Settlement Declaration. The PRESIDING OFFICER laid be- plenish the Security Account. Iran 4. Since my last report, the Tribunal fore the Senate the following message filed its Rejoinder on April 8, 1997. conducted two hearings and issued S4392 CONGRESSIONAL RECORD — SENATE May 13, 1997 awards in six private claims. On Feb- MESSAGES FROM THE HOUSE ASW–36, 96–ASW–35, 96–ASW–34, 2120–AG17); to the Committee on Commerce, Science, ruary 24–25, 1997, Chamber One held a At 5:05 p.m., a message from the hearing in a dual national claim, G.E. and Transportation. House of Representatives, delivered by EC–1857. A communication from the Acting Davidson v. The Islamic Republic of Iran, Mr. Hays, one of its reading clerks, an- Claim No. 457. The claimant is request- Administrator of the Federal Aviation Ad- nounced that the House agrees to the ministration and the Administrator of the ing compensation for real property following concurrent resolution, in National Aeronautics and Space Administra- that he claims was expropriated by the which it requests the concurrence of tion, transmitting jointly, pursuant to law, a Government of Iran. On October 24, the Senate: report on subsonic noise reduction tech- 1996, Chamber Two held a hearing in nology; to the Committee on Commerce, H. Con. Res. 66. Concurrent resolution au- Science, and Transportation. Case 274, Monemi v. The Islamic Republic thorizing the use of the Capitol grounds for of Iran, also concerning the claim of a the sixteenth annual National Peace Offi- EC–1858. A communication from the Direc- dual national. cers’ Memorial Service. tor of the National Science Foundation, On December 2, 1996, Chamber Three transmitting, pursuant to law, a report on At 6:50 p.m., a message from the polar issues; to the Committee on Com- issued a decision in Johangir & Jila merce, Science, and Transportation. House of Representatives, delivered by Mohtadi v. the Islamic Republic of Iran EC–1859. A communication from the Sec- (AWD 573–271–3), awarding the claim- Ms. Goetz, one of its reading clerks, an- retary of Transportation, transmitting, a ants $510,000 plus interest for Iran’s in- nounced that the House has passed the draft of proposed legislation entitled ‘‘The terference with the claimants’ property following bill, in which it requests the Saint Lawrence Seaway Development Cor- rights in real property in Velenjak. concurrence of the Senate: poration Performance Based Organization The claimants also were awarded H.R. 5. An act to amend the Individuals Act of 1997’’; to the Committee on Com- $15,000 in costs. On December 10, 1996, with Disabilities Education Act, to reauthor- merce, Science, and Transportation. Chamber Three issued a decision in ize and make improvements to that Act, and EC–1860. A communication from the Sec- Reza Nemazee v. The Islamic Republic of for other purposes. retary of Transportation, transmitting, a f draft of proposed legislation to authorize Iran (AWD 575–4–3), dismissing the ex- certain programs of the Federal Aviation Ad- propriation claim for lack of proof. On MEASURES REFERRED ministration, and for other purposes; to the February 25, 1997, Chamber Three is- Committee on Commerce, Science, and sued a decision in Dadras Int’l v. The Is- The following concurrent resolution, Transportation. lamic Republic of Iran (AWD 578–214–3), previously from the House for the con- EC–1861. A communication from the Sec- dismissing the claim against Kan Resi- currence of the Senate, was read, and retary of Transportation, transmitting, pur- dential Corp. for failure to prove that referred as indicated: suant to law, a report on the guarantee of it is an ‘‘agency, instrumentality, or H. Con Res. 8. Concurrent resolution rec- obligations; to the Committee on Commerce, entity controlled by the Government of ognizing the significance of maintaining the Science, and Transportation. Iran’’ and dismissing the claim against health and stability of coral reef ecosystems; EC–1862. A communication from the Sec- retary of Transportation, transmitting, pur- Iran for failure to prove expropriation to the Committee on Commerce, Science, and Transportation. suant to law, the report of the Maritime Ad- or other measures affecting property f ministration for fiscal year 1996; to the Com- rights. Dadras had previously received mittee on Commerce, Science, and Transpor- a substantial recovery pursuant to a EXECUTIVE AND OTHER tation. partial award. On March 26, 1997, COMMUNICATIONS EC–1863. A communication from the Sec- Chamber Two issued a final award in retary of Transportation, transmitting, pur- The following communications were Case 389, Westinghouse Electric Corp. v. suant to law, a report entitled ‘‘The Auto- laid before the Senate, together with The Islamic Republic of Iran Air Force motive Fuel Economy Program’’; to the accompanying papers, reports, and doc- (AWD 579–389–2), awarding Westing- Committee on Commerce, Science, and uments, which were referred as indi- Transportation. house $2,553,930.25 plus interest in dam- cated: EC–1864. A communication from the Direc- ages arising from the Iranian Air tor of the Office of Sustainable Fisheries, Force’s breach of contract with Wes- EC–1851. A communication from the Chief Financial Officer of the Department of National Marine Fisheries Service, National tinghouse. State, transmitting, pursuant to law, a rule Oceanic and Atmospheric Administration, Finally, there were two settlements entitled ‘‘Visas’’ received on April 30, 1997; to Department of Commerce, transmitting, pur- of claims of dual nationals, which re- the Committee on Foreign Relations. suant to law, eight rules including a rule en- sulted in awards on agreed terms. They EC–1852. A communication from the Assist- titled ‘‘Fisheries Off West Coast and Western are Dora Elghanayan, et al. v. The Is- ant Legal Adviser for Treaty Affairs, Depart- Pacific States’’ (RIN0648–AJ09, AJ39); to the Committee on Commerce, Science, and lamic Republic of Iran (AAT 576–800/801/ ment of State, the report of the texts of international agreements, other than trea- Transportation. 802/803/804–3), in which Iran agreed to EC–1865. A communication from the Acting pay the claimants $3,150,000, and Lilly ties, and background statements; to the Committee on Foreign Relations. Assistant Administrator For Fisheries, Na- Mythra Fallah Lawrence v. The Islamic EC–1853. A communication from the Assist- tional Marine Fisheries Service, National Republic of Iran (AAT 577–390/381–1), in ant Secretary of State (Legislative Affairs), Oceanic and Atmospheric Administration, which Iran agreed to pay the claimant transmitting, pursuant to law, the report of Department of Commerce, transmitting, pur- $1,000,000. the certification of the proposed issuance of suant to law, a rule entitled ‘‘Financial As- 5. The situation reviewed above con- an export license; to the Committee on For- sistance for Research and Development tinues to implicate important diplo- eign Relations. Projects’’ (RIN0648–ZA09) received on May 5, 1997; to the Committee on Commerce, matic, financial, and legal interests of EC–1854. A communication from the Presi- dent of the Inter-American Foundation, Science, and Transportation. the United States and its nationals and transmitting, a draft of proposed legislation EC–1866. A communication from the Assist- presents an unusual challenge to the to authorize funds for fiscal year 1999; to the ant Administrator for Fisheries, National national security and foreign policy of Committee on Foreign Relations. Marine Fisheries Service, National Oceanic the United States. The Iranian Assets EC–1855. A communication from the Per- and Atmospheric Administration, Depart- Control Regulations issued pursuant to formance Evaluation and Records Manage- ment of Commerce, transmitting, pursuant Executive Order 12170 continue to play ment, Federal Communications Commission, to law, three rules including a rule entitled an important role in structuring our transmitting, pursuant to law, fifteen rules ‘‘Fisheries Off West Coast States’’ (RIN0648– AI19, 0648–XX77); to the Committee on Com- relationship with Iran and in enabling including rules relative to FM radio stations; to the Committee on Commerce, Science, merce, Science, and Transportation. the United States to implement prop- and Transportation. EC–1867. A communication from the Dep- erly the Algiers Accords. I shall con- EC–1856. A communication from the Gen- uty Assistant Administrator for Fisheries, tinue to exercise the powers at my dis- eral Counsel of the Department of Transpor- National Marine Fisheries Service, National posal to deal with these problems and tation, transmitting, pursuant to law, thir- Oceanic and Atmospheric Administration, will continue to report periodically to ty-nine rules including a rule entitled ‘‘Pub- Department of Commerce, transmitting, pur- the Congress on significant develop- lic Availability of Information’’ (RIN2105– suant to law, three rules including a rule en- ments. AC58, 2125–AE12, 2115–AA97, 2115–AE47, 2120– titled ‘‘Fisheries in the Exclusive Economic AF08, 2120–AA66, 2120–AA64, 2120–A64, 2120– Zone Off Alaska’’ (RIN064–AJ35, ZA28); to the WILLIAM J. CLINTON. AG24, 2105–AB73, 2105–AC36, 2115–AA97, 2115– Committee on Commerce, Science, and THE WHITE HOUSE, May 13, 1997. AE46, 2115–AF24, 2115–AE84, 2137–AD00, 96– Transportation. May 13, 1997 CONGRESSIONAL RECORD — SENATE S4393 EC–1868. A communication from the Acting to continue to manage the lands as State of New Mexico and in this Act referred Director of the Office of Sustainable Fish- they have been in the past, for the pur- to as the ‘‘District’’). eries, National Marine Fisheries Service, Na- (2) LIMITATIONS.— poses for which the project was con- (A) The Secretary shall retain title to the tional Oceanic and Atmospheric Administra- structed. It will accomplish three tion, Department of Commerce, transmit- surface estate of such acquired lands which ting, pursuant to law, a rule entitled ‘‘Fish- things: First, convey title to acquired are located under the footprint of Brantley eries Off West Coast and Western Pacific’’ re- lands and facilities to the District; sec- and Avalon dams or any other project dam ceived on April 25, 1997; to the Committee on ond, allow the District to assume the or reservoir diversion structure. Commerce, Science, and Transportation. management of leases and the benefits (B) The Secretary shall retain storage and EC–1869. A communication from the Assist- of the receipts from these acquired flow easements for any tracts located under the maximum spillway elevations of Avalon ant Administrator for Satellite and Informa- lands; and third, provide authority for tion Services, National Oceanic and Atmos- and Brantley Reservoirs. the Bureau of Reclamation to cooper- (b) ACQUIRED LANDS DESCRIBED.—The lands pheric Administration, Department of Com- ate with the Carlsbad Irrigation Dis- referred to in subsection (a) are those lands merce, transmitting, pursuant to law, a rule (including the surface and mineral estate) in entitled ‘‘Schedule of Fees’’ received on May trict on water conservation projects at Eddy County, New Mexico, described as the 7, 1997; to the Committee on Commerce, the Carlsbad project. This bill protects acquired lands in section (7) of the ‘‘Status Science, and Transportation. the interests that the State of New of Lands and Title Report: Carlsbad Project’’ EC–1870. A communication from the Na- Mexico has in some of those lands. as reported by the Bureau of Reclamation in tional Marine Fisheries Service, National During the 104th Congress, the Carls- 1978. Oceanic and Atmospheric Administration, bad Irrigation District presented testi- (c) TERMS AND CONDITIONS OF CONVEY- Department of Commerce, transmitting, pur- mony related to the transfer of ac- ANCE.—Any conveyance of the acquired lands suant to law, a rule entitled ‘‘Fisheries of quired lands before the Committee on under this Act shall be subject to the follow- the Exclusive Economic Zone Off Alaska’’; to ing terms and conditions: the Committee on Commerce, Science, and Energy and Natural Resources on one occasion, and before the House Com- (1) The conveyed lands shall continue to be Transportation. managed and used by the District for the mittee on Resources on two occasions. f purposes for which the Carlsbad Project was Additionally, the administration ex- authorized, consistent with existing manage- INTRODUCTION OF BILLS AND pressed on several occasions before ment of such lands and other adjacent JOINT RESOLUTIONS these two committees that they want project lands. to move forward with acquired land (2) Except as provided in paragraph (3), the The following bills and joint resolu- transfers where they make sense. The District shall assume all rights and obliga- tions were introduced, read the first Commissioner of the Bureau of Rec- tions of the United States under— and second time by unanimous con- (A) the agreement dated July 28, 1994, be- lamation, Eluid Martinez, has informed sent, and referred as indicated: tween the United States and the Director, the district and me that he believes New Mexico Department of Game and Fish By Mr. DOMENICI: that the Carlsbad project is one of sev- (Document No. 2–LM–40–00640), relating to S. 736. A bill to convey certain real prop- management of certain lands near Brantley erty within the Carlsbad Project in New eral projects where the Bureau would Reservoir for fish and wildlife purposes; and Mexico to the Carlsbad Irrigation District; like to pursue transfer opportunities. (B) the agreement dated March 9, 1977, be- to the Committee on Energy and Natural Re- With this in mind, I believe that the tween the United States and the New Mexico sources. legislation I am introducing today will Department of Energy, Minerals, and Natu- By Mr. BAUCUS (for himself and Mr. provide the Bureau with the ability to ral Resources (Contract No. 7–07–57–X0888) CHAFEE): accomplish their stated goal in a fair for the management and operation of S. 737. A bill to authorize the extension of and equitable manner. Brantley Lake State Park. nondiscriminatory treatment (most-favored- Mr. President, I understand that (3) EXCEPTIONS.—In relation to agreements nation treatment) to the products of the similar legislation will soon be intro- referred to in paragraph (2)— People’s Republic of China; to the Commit- duced in the House of Representatives (A) The District shall not be obligated for tee on Finance. any financial support agreed to by the Sec- by Congressman JOE SKEEN, and I am f retary, or the Secretary’s designee, in either hopeful that we will be able to move agreement; and STATEMENTS ON INTRODUCED this bill through Congress, and coordi- (B) The District shall not be entitled to BILLS AND JOINT RESOLUTIONS nate our efforts with the administra- any receipts or revenues generated as a re- tion’s stated objectives. I encourage sult of either agreement. By Mr. DOMENICI: my colleagues to support this legisla- (d) SENSE OF THE CONGRESS.—It is the sense S. 736. A bill to convey real property tion, and ask unanimous consent the of the Congress that the Secretary should within the Carlsbad project in New complete the conveyance authorized by this text of the bill be printed in the Mexico to the Carlsbad Irrigation Dis- Act, including such action as may be re- RECORD. quired under the National Environmental trict; to the Committee on Energy and There being no objection, the bill was Natural Resources. Policy Act of 1969 (42 U.S.C. et seq.) within 9 ordered to be printed in the RECORD, as months of the date of enactment of this Act. THE CARLSBAD IRRIGATION PROJECT ACQUIRED follows: (e) REPORT TO CONGRESS.—If the convey- LAND TRANSFER ACT S. 736 ance authorized by this Act is not completed Mr. DOMENICI. Mr. President, today by the Secretary within 9 months of the date ∑ Be it enacted by the Senate and House of Rep- of enactment of this Act, the Secretary shall I am introducing legislation that will resentatives of the United States of America in prepare a report to the Congress which shall convey tracts of land, referred to as Congress assembled, ‘‘acquired lands,’’ to the Carlsbad Irri- include a detailed explanation of problems SECTION 1. SHORT TITLE. that have been encountered in completion of gation District in New Mexico. These This Act may be cited as the ‘‘Carlsbad Ir- the conveyance, and specific steps that the are lands that were once owned by the rigation Project Acquired Land Transfer Secretary has taken or will take to complete beneficiaries of the irrigation project, Act’’. the conveyance. The Secretary’s report shall and acquired by the Federal Govern- SEC. 2. CONVEYANCE. be transmitted to the Committee on Re- ment when the Bureau of Reclamation (a) LANDS AND FACILITIES.— sources of the House of Representatives, and assumed the responsibility of construc- (1) IN GENERAL.—Except as provided in to the Committee on Energy and Natural Re- tion and operation of the irrigation paragraph (2), and subject to the conditions sources of the Senate within 30 days after set forth in subsection (c) and section 2(b), project in the early part of this cen- the expiration of such 9 month period. the Secretary of the Interior (in this Act re- SEC. 3. LEASE MANAGEMENT AND PAST REVE- tury. Since that time, the Carlsbad Ir- ferred to as the ‘‘Secretary’’) is hereby au- NUES COLLECTED FROM THE AC- rigation District has repaid its indebt- thorized to convey all right, title, and inter- QUIRED LANDS. edness to the Federal Government, est of the United States in and to the lands (a) IDENTIFICATION AND NOTIFICATION OF which included not only its contractual described in subsection (b) (in this Act re- LEASEHOLDERS.—Within 120 days after the share of construction costs, but also all ferred to as the ‘‘acquired lands’’) in addition date of enactment of this Act, the Secretary costs associated with the project land to all interests the United States holds in of the Interior shall provide to the District a and facilities that were acquired from the irrigation and drainage system of the written identification of all mineral and Carlsbad Project and all related lands in- grazing leases in effect on the acquired lands the project beneficiaries. cluding ditch rider houses, maintenance shop on the date of enactment of this Act, and the This legislation is specific to the and buildings, and Pecos River Flume to the Secretary of the Interior shall notify all Carlsbad project in New Mexico, and di- Carlsbad Irrigation District (a quasi-munici- leaseholders of the conveyance authorized by rects the Carlsbad Irrigation District pal corporation formed under the laws of the this Act. S4394 CONGRESSIONAL RECORD — SENATE May 13, 1997 (b) MANAGEMENT OF MINERAL AND GRAZING should continue normal trade relations United States, which must continue to LEASES, LICENSES, AND PERMITS.—The Dis- with China has come at great expense deal with China as an emerging super- trict shall assume all rights and obligations to the overall health of the bilateral power, has been forced on the defensive of the United States for all mineral and graz- relationship between these two great when dealing with the Chinese. ing leases, licenses, and permits existing on the acquired lands conveyed under section 2, and powerful nations. And that, in This state of affairs cannot continue and shall be entitled to any receipts from turn, has had real—and negative—re- indefinitely. We need to move toward such leases, licenses and permits accruing percussions for the United States, its removing MFN as a factor in our al- after the date of conveyance: Provided, That citizens, and even the Chinese people ready complicated and complex bilat- all such receipts shall be used for purposes themselves. We need to look toward a eral relationship with China if we want for which the project was authorized. The day where this annual MFN to stabilize that relationship and make District shall continue to adhere to the cur- rollercoaster will be replaced by a sta- progress on issues that matter to the rent Bureau of Reclamation mineral leasing ble, long-term economic foundation be- American public. Too much else is at stipulations for the Carlsbad Project: Pro- vided further, That all future mineral leases tween these two superpowers. It is to- stake—for both nations. from acquired lands within a one mile radius ward that end that we are introducing THE STABILITY OF THE UNITED STATES-CHINA of Brantley and Avalon dams shall subject to this legislation. RELATIONSHIP IS IMPORTANT FOR AMERI- the approval of the Secretary prior to con- CONDITIONING MFN IN ORDER TO INFLUENCE CANS—AND FOR THE CHINESE PEOPLE summation of the lease. CHINA’S BEHAVIOR HAS NOT WORKED Why is a stable United States-China (c) AVAILABILITY OF AMOUNTS PAID INTO China has received MFN treatment relationship important for Americans? RECLAMATION FUND.—Receipts paid into the every year since 1980. In 1989, however, For a number of reasons. reclamation fund which exist as construction after the brutal suppression of dem- First, Americans traditionally have credits to the Carlsbad Project under the onstrators at Tiananmen Square, some worked to promote democratic ideals terms of the Mineral Leasing Act for Ac- around the globe. As a society, we have quired Lands (30 U.S.C. 351–359) as amended legislators proposed trying to influence shall be made available to the District as Chinese behavior by threatening to re- an interest in encouraging such ideals credits towards its ongoing operation and voke China’s MFN status, starting this as respect for human rights in other maintenance obligation to the United States cycle of highly charged—and often po- nations. A solid, stable relationship until such credits are depleted: Provided, litical—debates. with the Chinese can, over time, bring That immediately following the enactment But is MFN an effective tool for in- such improvements to pass—with great of this Act, such receipts collected by the fluencing Chinese behavior, as those benefit for the Chinese people. Minerals Management Service, not to exceed legislators hoped? No. We saw that all Second, American have a vested in- $200,000, shall be made available to the Sec- terest in promoting international secu- retary for the purpose of offsetting the ac- too clearly in 1993, when President tual cost of implementing this Act: Provided Clinton attempted to condition further rity. Securing nuclear nonproliferation further, That any receipts collected by the renewal upon improvements in human and defusing regional conflicts over- Minerals Management Service, prior to the rights. Were there improvements dur- seas mean a great deal to the overall actual date of conveyance, which are in ex- ing that time? No. Finally, in 1994 the well-being of Americans and their fam- cess of $200,000 shall be deposited into the President came to the conclusion that ilies. If we want to see these goals ad- reclamation fund and added to existing con- retaining MFN, rather than threaten- vanced, we must work with China, an struction credits to the Carlsbad Project. ing its removal, ‘‘offers us the best op- emerging superpower. SEC. 4. WATER CONSERVATION PRACTICES. portunity to lay the basis for long- Third, and very importantly, Ameri- The Secretary, in cooperation with the term sustainable progress in human cans have a direct economic tie to the District, is hereby authorized to expend not Chinese economy. We now export some to exceed $100,000 annually, from amounts rights, and for the advancement of our appropriated for operation and maintenance other interests with China.’’ $12 billion worth of goods to China—ex- within the Bureau of Reclamation, for the It is clear that revoking MFN is not ports that include plastic packaging purposes of implementing water conserva- an effective tool for promoting change systems made by the 125 employees at tion practices at the Carlsbad Irrigation in China—a fact other nations recog- Marshall & Williams Co. in Providence, Project, including but not limited to nized long ago. Therefore, we should Rhode Island. And we import nearly phreatophyte control: Provided, That match- begin removing MFN entirely from the four times as much—$46 billion—from ing funds shall be provided by the District in debate, and eventually render it perma- China—imports that include toys for direct proportion to the amount of project children. Not only do families across lands held by the District in relation to nent. withdrawn or other project lands held by the ANNUAL MFN DEBATE OVERALL HAS NOT BEEN the United States buy those toys, but United States: Provided further, That nothing PRODUCTIVE FOR THE UNITED STATES–CHINA the 1,600 workers at Hasbro in Paw- in this Act shall be construed to limit the RELATIONSHIP tucket, RI, rely on those sales to keep ability of the District to voluntarily imple- Not only is MFN status a poor tool their company strong and their jobs in ment water conservation practices.∑ for spurring change in China, but the place. Clearly, there is much to do to annual debate itself has contributed to address the enormous trade imbalance By Mr. BAUCUS (for himself and poor United States-China relations. By between our two nations. But notwith- Mr. CHAFEE): focusing solely on the renewal of MFN, standing that imbalance, the current S. 737. A bill to authorize the exten- we in the United States have found level of the United States/China eco- sion of nondiscriminatory treatment ourselves distracted from the larger, nomic interaction is so significant that (most-favored-nation treatment) to the critically important issues involving if it were disrupted, the negative reper- products of the People’s Republic of the United States–China bilateral rela- cussions for our own economy would be China; to the Committee on Finance. tionship. Indeed, I believe that for the staggering. CHINA TRADING RELATIONS LEGISLATION past 8 years, the ability of the two na- In sum, we have many important Mr. CHAFEE. Mr. President, today I tions to work together productively challenges facing us that require a am joining with Senator BAUCUS to in- has been partly paralyzed by the ongo- steady, stable United States/China re- troduce legislation authorizing the ing MFN debate. lationship. Whether it is nuclear non- President to extend most-favored-na- Progress on important matters—both proliferation, adherence to human tion, or normal trading relations, sta- those in which we and China have a rights, security around the globe, pro- tus to China on a permanent basis. common interest, such as stability in tection of intellectual property, or the Since 1989, Congress has engaged in Asia, and those in which our two na- transition of Hong Kong, we must con- an annual, and very public, debate tions do not see eye to eye—such as tinue to work with the Chinese, using about the extension of MFN to China. international involvement in human the tools of diplomacy and of laws that These debates have been highly rights—has not been helped by the con- are tailored to those purposes. charged. But over the years, the repeti- tinuing controversy over MFN. The PERMANENT MFN WILL BE ESPECIALLY APPRO- tion of this debate has carried a heavy Chinese, who, as history has shown, PRIATE AS CHINA ENTERS THE GLOBAL TRAD- price tag, with little to no positive re- tend to react negatively to public con- ING SYSTEM sults to show for it. frontation, have been less open to The eventual adoption of permanent In fact, the constant debate as to working with the United States to ad- MFN for China is in the interests of the whether or not the United States dress issues of common concern. The United States. Our actions today are May 13, 1997 CONGRESSIONAL RECORD — SENATE S4395 meant to encourage Congress and the S. 294 LUGAR] was added as a cosponsor of S. administration to begin consideration At the request of Mrs. HUTCHISON, the 460, bill to amend the Internal Revenue of that next step. We do not expect or name of the Senator from New York Code of 1986 to increase the deduction intend for this bill to be considered [Mr. D’AMATO] was added as a cospon- for health insurance costs of self-em- this year. sor of S. 294, a bill to amend chapter 51 ployed individuals, to provide clarifica- But our action does come at an im- of title 18, United States Code, to es- tion for the deductibility of expenses portant time. The Chinese Government tablish Federal penalties for the kill- incurred by a taxpayer in connection now is taking steps to join the world ing or attempted killing of a law en- with the business use of the home, to community and its institutions. Chief forcement officer of the District of Co- clarify the standards used for deter- among these steps is China’s bid to join lumbia, and for other purposes. mining that certain individuals are not the global trading system known as the S. 369 employees, and for other purposes. World Trade Organization. If success- At the request of Mr. JEFFORDS, the S. 497 ful, this move will bring China into name of the Senator from Florida [Mr. At the request of Mr. COVERDELL, the line with the trading practices of the GRAHAM] was added as a cosponsor of S. name of the Senator from Arkansas 120-plus nations that now are WTO 369, a bill to amend section 1128B of the [Mr. HUTCHINSON] was added as a co- members. Social Security Act to repeal the sponsor of S. 497, a bill to amend the To be successful, China will have to criminal penalty for fraudulent dis- National Labor Relations Act and the agree to accede to the WTO on terms position of assets in order to obtain Railway Labor Act to repeal the provi- that are commercially viable—or to medicaid benefits added by section 217 sions of the Acts and that require em- put it more simply, that are fair to of the Health Insurance Portability ployees to pay union dues or fees as a other nations in terms of market ac- and Accountability Act of 1996. condition of employment. cess, nondiscrimination, enforcement, S. 381 S. 586 and other important areas. Should At the request of Mr. ROCKEFELLER, At the request of Mr. MOYNIHAN, the China enter the global trading system the name of the Senator from Oregon names of the Senator from Alaska [Mr. on such terms, it would be a natural [Mr. SMITH] was added as a cosponsor STEVENS] and the Senator from Alaska point at which the United States could of S. 381, a bill to establish a dem- [Mr. MURKOWSKI] were added as cospon- move forward with permanent MFN. onstration project to study and provide sors of S. 586, a bill to reauthorize the If we begin considering this issue coverage of routine patient care costs Intermodal Surface Transportation Ef- now, it may ripen at a time that is ben- for medicare beneficiaries with cancer ficiency Act of 1991, and for other pur- eficial to both the United States and who are enrolled in an approved clini- poses. China. cal trail program. S. 609 SUMMARY: PERMANENT MFN IS IN THE BEST At the request of Mr. KENNEDY, the S. 387 INTEREST OF THE UNITED STATES names of the Senator from Georgia At the request of Mr. HATCH, the In sum, the permanent grant of MFN names of the Senator from Florida [Mr. [Mr. CLELAND], the Senator from Ar- to China is in the best interest of the kansas [Mr. BUMPERS], and the Senator MACK] and the Senator from West Vir- United States and her citizens. It will from South Dakota [Mr. JOHNSON] were ginia [Mr. ROCKEFELLER] were added as end for once and for all the annual de- added as cosponsors of S. 609, a bill to cosponsors of S. 387, a bill to amend the bate that is actively hindering—not amend the Public Health Service Act Internal Revenue Code of 1986 to pro- helping—the achievement of important and Employee Retirement Income Se- vide equity to exports of software. American goals, thereby allowing the curity Act of 1974 to require that group establishment of a stable relationship S. 389 and individual health insurance cov- that would bring prosperity and growth At the request of Mr. ABRAHAM, the erage and group health plans provide to both nations. Over the next year, as name of the Senator from Tennessee coverage for reconstructive breast sur- China takes serious steps toward full [Mr. FRIST] was added as a cosponsor of gery if they provide coverage for integration in the global economy, the S. 389, a bill to improve congressional mastectomies. deliberation on proposed Federal pri- granting of permanent MFN will make S. 693 vate sector mandates, and for other more and more sense. We think the At the request of Mr. D’AMATO, the United States should begin laying the purposes. names of the Senator from Alaska [Mr. groundwork now, and we are introduc- S. 422 MURKOWSKI] and the Senator from Mis- ing our bill today toward that end. At the request of Mr. DOMENICI, the sissippi [Mr. COCHRAN] were added as f name of the Senator from Maine [Ms. cosponsors of S. 693, a bill to amend the SNOWE] was added as a cosponsor of S. Internal Revenue Code of 1986 to pro- ADDITIONAL COSPONSORS 422, a bill to define the circumstances vide that the value of qualified historic S. 50 under which DNA samples may be col- property shall not be included in deter- At the request of Mr. FAIRCLOTH, the lected, stored, and analyzed, and ge- mining the taxable estate of a dece- names of the Senator from Nevada [Mr. netic information may be collected, dent. REID], the Senator from Vermont [Mr. stored, analyzed, and disclosed, to de- S. 717 JEFFORDS], and the Senator from Mis- fine the rights of individuals and per- At the request of Mr. COVERDELL, the sissippi [Mr. LOTT] were added as co- sons with respect to genetic informa- name was added as a cosponsor of S. sponsors of S. 50, a bill to amend the tion, to define the responsibilities of 717, a bill to amend the Individuals Internal Revenue Code of 1986 to pro- persons with respect to genetic infor- with Disabilities Education Act, to re- vide a nonrefundable tax credit for the mation, to protect individuals and fam- authorize and make improvements to expenses of an education at a 2-year ilies from genetic discrimination, to that Act, and for other purposes. college. establish uniform rules that protect in- SENATE CONCURRENT RESOLUTION 21 S. 143 dividual genetic privacy, and to estab- At the request of Mr. MOYNIHAN, the At the request of Mr. DASCHLE, the lish effective mechanisms to enforce names of the Senator from New Hamp- name of the Senator from Georgia [Mr. the rights and responsibilities estab- shire [Mr. GREGG] and the Senator CLELAND] was added as a cosponsor of lished under this Act. from Alabama [Mr. SHELBY] were added S. 143, a bill to amend the Public S. 456 as cosponsors of Senate Concurrent Health Service Act and Employee Re- At the request of Ms. MOSELEY- Resolution 21, a concurrent resolution tirement Income Security Act of 1974 BRAUN, the name of the Senator from congratulating the residents of Jerusa- to require that group and individual California [Mrs. FEINSTEIN] was added lem and the people of Israel on the health insurance coverage and group as a cosponsor of S. 456, a bill to estab- thirtieth anniversary of the reunifica- health plans provide coverage for a lish a partnership to rebuild and mod- tion of that historic city, and for other minimum hospital stay for ernize America’s school facilities. purposes. mastectomies and lymph node dissec- S. 460 SENATE RESOLUTION 16 tions performed for the treatment of At the request of Mr. BOND, the name At the request of Mr. LUGAR, the breast cancer. of the Senator from Indiana [Mr. name of the Senator from Arkansas S4396 CONGRESSIONAL RECORD — SENATE May 13, 1997

[Mr. HUTCHINSON] was withdrawn as a On page 102, strike line 3 and insert the fol- needs of work and family, to clarify the cosponsor of Senate Resolution 16, a lowing: ‘‘(i) Notwithstanding clauses (ii) provisions relating to exemptions of resolution expressing the sense of the and’’. certain professionals from the mini- Senate that the income tax should be On page 140, line 15, strike ‘‘team’’ and in- mum wage and overtime requirements sert ‘‘Team’’. eliminated and replaced with a na- On page 140, line 22, strike ‘‘team’’ and in- of the Fair Labor Standards Act of tional sales tax. sert ‘‘Team’’. 1938, and for other purposes; as follows: SENATE RESOLUTION 63 On page 177, line 8, strike ‘‘661’’ and insert At the end, add the following: At the request of Mr. DOMENICI, the ‘‘661,’’. TITLE II—SCHOOL INVOLVEMENT LEAVE names of the Senator from Michigan On page 196, line 18, strike ‘‘allocations’’ SEC. 201. SHORT TITLE. and insert ‘‘allotments’’. [Mr. ABRAHAM], the Senator from This title may be cited as the ‘‘Time for On page 201, line 22, strike ‘‘with disabil- Schools Act of 1997’’. Texas [Mrs. HUTCHISON], the Senator ities’’ after ‘‘toddlers’’. SEC. 202. GENERAL REQUIREMENTS FOR LEAVE. OVERDELL from Georgia [Mr. C ], the On page 203, line 23, strike ‘‘, consistent (a) ENTITLEMENT TO LEAVE.—Section 102(a) Senator from Massachusetts [Mr. KEN- with State law,’’ after ‘‘(a)(9)’’. of the Family and Medical Leave Act of 1993 NEDY], the Senator from Nevada [Mr. On page 208, line 22, strike ‘‘636(a)(10)’’ and (29 U.S.C. 2612(a)) is amended by adding at REID], the Senator from Idaho [Mr. insert ‘‘635(a)(10)’’. the end the following: CRAIG], the Senator from Delaware On page 216, line 6, strike ‘‘the child’’ and ‘‘(3) ENTITLEMENT TO SCHOOL INVOLVEMENT insert ‘‘the infant or toddler’’. [Mr. BIDEN], the Senator from Louisi- LEAVE.— On page 216, line 7, strike ‘‘the child’’ and ‘‘(A) IN GENERAL.—Subject to section 103(f), ana [Mr. BREAUX], the Senator from insert ‘‘the infant or toddler’’. an eligible employee shall be entitled to a Florida [Mr. MACK], the Senator from On page 221, line 5, strike ‘‘A’’ and insert total of 24 hours of leave during any 12- Wyoming, [Mr. ENZI], the Senator from ‘‘At least one’’. month period to participate in an activity of Ohio [Mr. DEWINE] were added as co- On page 221, line 8, strike ‘‘A’’ and insert a school of a son or daughter of the em- sponsors of Senate Resolution Act 63, a ‘‘At least one’’. ployee, such as a parent-teacher conference resolution proclaiming the week of Oc- On page 226, line 4, strike ‘‘paragraph’’ and or an interview for a school, or to participate tober 19 through October 25, 1997, as insert ‘‘subsection’’. in literacy training under a family literacy ‘‘National Character Counts Week.’’ On page 226, line 7, strike ‘‘allocated’’ and program. insert ‘‘distributed’’. ‘‘(B) DEFINITIONS.—In this paragraph: SENATE RESOLUTION 85 On page 229, line 20, strike ‘‘allocations’’ ‘‘(i) FAMILY LITERACY PROGRAM.—The term At the request of Mr. GREGG, the and insert ‘‘allotments’’. ‘family literacy program’ means a program names of the Senator from New Jersey, On page 229, line 24 and 25, strike ‘‘alloca- of services that are of sufficient intensity in [Mr. TORRICELLI] and the Senator from tions’’ and insert ‘‘allotments’’. terms of hours, and of sufficient duration, to On page 231, strike line 17, and insert the Pennsylvania [Mr. SANTORUM] were make sustainable changes in a family and following ‘‘ferred to as the ‘‘Council’’) and added as cosponsors of Senate Resolu- that integrate all of the following activities: the chairperson of’’. ‘‘(I) Interactive literacy activities between tion 85, a resolution expressing the On page 260, line 4, strike ‘‘who’’ and insert parents and their sons and daughters. sense of the Senate that individuals af- ‘‘that’’. ‘‘(II) Training for parents on how to be the fected by breast cancer should not be On page 267, line 15, strike ‘‘paragraph’’ be- primary teacher for their sons and daughters alone in their fight against the disease. fore ‘‘(1)’’. and full partners in the education of their f On page 326, between lines 11 and 12, insert sons and daughters. the following: ‘‘(III) Parent literacy training. AMENDMENTS SUBMITTED ‘‘(D) SECTIONS 611 AND 619.—Sections 611 and ‘‘(IV) An age-appropriate education pro- 619, as amended by Title I, shall take effect gram for sons and daughters. beginning with funds appropriated for fiscal ‘‘(ii) LITERACY.—The term ‘literacy’, used THE INDIVIDUALS WITH DISABIL- year 1998.’’ with respect to an individual, means the ability of the individual to speak, read, and ITIES EDUCATION ACT AMEND- write English, and compute and solve prob- MENTS OF 1997 GORTON (AND SMITH OF NEW HAMPSHIRE) AMENDMENT NO. 243 lems, at levels of proficiency necessary— ‘‘(I) to function on the job, in the family of Mr. GORTON (for himself and Mr. the individual, and in society; JEFFORDS AMENDMENT NO. 242 SMITH of New Hampshire) proposed an ‘‘(II) to achieve the goals of the individual; Mr. JEFFORDS proposed an amend- amendment to the bill, S. 717, supra; as and follows: ‘‘(III) to develop the knowledge potential ment to the bill (S. 717) to amend the of the individual. On page 169, between lines 11 and 12, insert Individuals With Disabilities Edu- ‘‘(iii) SCHOOL.—The term ‘school’ means an the following: cation Act, to reauthorize and make elementary school or secondary school (as ‘‘(10) UNIFORM DISCIPLINARY POLICIES.—Not- improvements to that act, and for such terms are defined in section 14101 of the withstanding any other provision of this Act, Elementary and Secondary Education Act of other purposes; as follows: each State educational agency or local edu- 1965 (20 U.S.C. 8801)), a Head Start program On page 3, strike the item relating to sec- cational agency may establish and imple- assisted under the Head Start Act (42 U.S.C. tion 641 of the Individuals with Disabilities ment uniform policies with respect to dis- 9831 et seq.), and a child care facility oper- Education Act and insert the following: cipline and order applicable to all children ated by a provider who meets the applicable within its jurisdiction to ensure the safety ‘‘Sec. 641. State Interagency Coordinating State or local government licensing, certifi- and appropriate educational atmosphere in Council.’’ cation, approval, or registration require- its schools.’’ On page 3, strike the item relating to sec- ments, if any. On page 169, line 12, strike ‘‘(10)’’ and insert tion 644 of the Individuals with Disabilities ‘‘(4) LIMITATION.—No employee may take ‘‘(11)’’. Education Act and insert the following: more than a total of 12 workweeks of leave ‘‘Sec. 644. Federal Interagency Coordinating f under paragraphs (1) and (3) during any 12- Council.’’ THE FAMILY FRIENDLY month period.’’. (b) SCHEDULE.—Section 102(b)(1) of such On page 19, line 19, strike ‘‘Alaskan’’ and WORKPLACE ACT OF 1997 Act (29 U.S.C. 2612(b)(1)) is amended by in- insert ‘‘Alaska’’. serting after the second sentence the follow- On page 26, line 4, strike ‘‘are’’ and insert ing: ‘‘Leave under subsection (a)(3) may be ‘‘is’’. MURRAY AMENDMENT NO. 244 taken intermittently or on a reduced leave On page 26, line 12, strike ‘‘are’’ and insert (Ordered to lie on the table.) schedule.’’. ‘‘is’’. (c) SUBSTITUTION OF PAID LEAVE.—Section On page 26, line 15, strike ‘‘include’’ and in- Mrs. MURRAY submitted an amend- 102(d)(2)(A) of such Act (29 U.S.C. sert ‘‘includes’’. ment intended to be proposed by her to 2612(d)(2)(A)) is amended by inserting before On page 35, line 5, strike ‘‘identify’’ and in- the bill (S. 4) to amend the Fair Labor the period the following: ‘‘, or for leave pro- sert ‘‘the identity of’’. Standards Act of 1938 to provide to pri- vided under subsection (a)(3) for any part of On page 55, line 17, strike ‘‘ages’’ and insert vate sector employees the same oppor- the 24-hour period of such leave under such ‘‘aged’’. tunities for time-and-a-half compen- subsection’’. On page 55, line 19, insert ‘‘the’’ before (d) NOTICE.—Section 102(e) of such Act (29 ‘‘Bureau’’. satory time off, biweekly work pro- U.S.C. 2612(e)) is amended by adding at the On page 94, line 24, strike ‘‘Federal or grams, and flexible credit hour pro- end the following: State Supreme court’’ and insert ‘‘Federal grams as Federal employees currently ‘‘(3) NOTICE FOR SCHOOL INVOLVEMENT court or a State’s highest court’’. enjoy to help balance the demands and LEAVE.—In any case in which the necessity May 13, 1997 CONGRESSIONAL RECORD — SENATE S4397 for leave under subsection (a)(3) is foresee- the employee shall provide the employing situation in which the absence of the em- able, the employee shall provide the em- agency with not less than 7 days’ notice, be- ployee during the time requested would like- ployer with not less than 7 days’ notice, be- fore the date the leave is to begin, of the em- ly impose a burden on the business of the fore the date the leave is to begin, of the em- ployee’s intention to take leave under such employer that would prevent the employer ployee’s intention to take leave under such subsection. If the necessity for the leave is from providing an acceptable quality or subsection. If the necessity for the leave is not foreseeable, the employee shall provide quantity of goods or services during the time not foreseeable, the employee shall provide such notice as is practicable.’’. requested without the services of the em- such notice as is practicable.’’. (e) CERTIFICATION.—Section 6383 of such ployee.’’. (e) CERTIFICATION.—Section 103 of such Act title is amended by adding at the end the fol- (29 U.S.C. 2613) is amended by adding at the lowing: AMENDMENT NO. 247 end the following: ‘‘(f) An employing agency may require that On page 10, strike lines 4 through 7 and in- ‘‘(f) CERTIFICATION FOR SCHOOL INVOLVE- a request for leave under section 6382(a)(3) be sert the following: MENT LEAVE.—An employer may require that supported by a certification issued at such ‘‘(10) In this subsection— a request for leave under section 102(a)(3) be time and in such manner as the Office of Per- supported by a certification issued at such ‘‘(A) the terms ‘monetary overtime com- sonnel Management may by regulation pre- pensation’ and ‘compensatory time off’ shall time and in such manner as the Secretary scribe.’’. may by regulation prescribe.’’. have the meanings given the terms ‘overtime SEC. 204. EFFECTIVE DATE. compensation’ and ‘compensatory time’, re- SEC. 203. SCHOOL INVOLVEMENT LEAVE FOR CIVIL SERVICE EMPLOYEES. This title takes effect 120 days after the spectively, by subsection (o)(7); and (a) ENTITLEMENT TO LEAVE.—Section date of enactment of this Act. ‘‘(B) the term ‘unduly disrupt the oper- 6382(a) of title 5, United States Code, is f ations of the employer’, used with respect to amended by adding at the end the following: the use of compensatory time off by an em- ‘‘(3)(A) Subject to section 6383(f), an em- THE INDIVIDUALS WITH DISABIL- ployee of the employer, means create a situ- ployee shall be entitled to a total of 24 hours ITIES EDUCATION ACT AMEND- ation (as determined by the employer, acting of leave during any 12-month period to par- MENTS OF 1997 in good faith) in which the absence of the ticipate in an activity of a school of a son or employee during the time requested would daughter of the employee, such as a parent- likely impose a burden on the business of the teacher conference or an interview for a SMITH OF NEW HAMPSHIRE (AND employer that would prevent the employer school, or to participate in literacy training GORTON) AMENDMENT NO. 245 from providing an acceptable quality or under a family literacy program. quantity of goods or services during the time ‘‘(B) In this paragraph: Mr. SMITH of New Hampshire (and requested without the services of the em- ‘‘(i) The term ‘family literacy program’ Mr. GORTON) proposed an amendment ployee.’’. means a program of services that are of suffi- to the bill, S. 717, supra; as follows: cient intensity in terms of hours, and of suf- AMENDMENT NO. 248 On page 156, between lines 8 and 9, insert ficient duration, to make sustainable the following: On page 23, strike line 23 and insert the fol- changes in a family and that integrate all of ‘‘(I) LIMITATION ON AWARDS.—Notwith- lowing: has the meaning given the term in the following activities: standing any other provision of this Act (ex- section 7(e). ‘‘(I) Interactive literacy activities between cept as provided in subparagraph (C)), a ‘‘(10) UNDULY DISRUPT THE OPERATIONS OF parents and their sons and daughters. court in issuing an order in any action filed THE EMPLOYER.—The term ‘unduly disrupt ‘‘(II) Training for parents on how to be the pursuant to this Act that includes an award the operations of the employer’, used with primary teacher for their sons and daughters shall take into consideration the impact the respect to the use of flexible credit hours by and full partners in the education of their award would have on the provision of edu- an employee of the employer, means create a sons and daughters. cation to all children who are students situation (as determined by the employer, ‘‘(III) Parent literacy training. served by the State educational agency or acting in good faith) in which the absence of ‘‘(IV) An age-appropriate education pro- local educational agency affected by the the employee during the time requested gram for sons and daughters. order.’’. would likely impose a burden on the business ‘‘(ii) The term ‘literacy’, used with respect f of the employer that would prevent the em- to an individual, means the ability of the in- ployer from providing an acceptable quality dividual to speak, read, and write English, THE FAMILY FRIENDLY or quantity of goods or services during the and compute and solve problems, at levels of WORKPLACE ACT OF 1997 time requested without the services of the proficiency necessary— employee.’’. ‘‘(I) to function on the job, in the family of the individual, and in society; AMENDMENT NO. 249 ‘‘(II) to achieve the goals of the individual; McCAIN AMENDMENTS NOS. 246–252 In lieu of the matter proposed to be in- and (Ordered to lie on the table.) ‘‘(III) to develop the knowledge potential serted, insert the following: Mr. MCCAIN submitted seven amend- ‘‘(10) In this subsection— of the individual. ments intended to be proposed by him ‘‘(iii) The term ‘school’ means an elemen- ‘‘(A) the terms ‘monetary overtime com- tary school or secondary school (as such to the bill, S. 4, supra; as follows: pensation’ and ‘compensatory time off’ shall terms are defined in section 14101 of the Ele- AMENDMENT NO. 246 have the meanings given the terms ‘overtime compensation’ and ‘compensatory time’, re- mentary and Secondary Education Act of On page 10, strike lines 4 through 7 and in- spectively, by subsection (o)(7); and 1965 (20 U.S.C. 8801)), a Head Start program sert the following: ‘‘(B) the term ‘unduly disrupt the oper- assisted under the Head Start Act (42 U.S.C. ‘‘(10) In this subsection— ations of the employer’, used with respect to 9831 et seq.), and a child care facility oper- ‘‘(A) the terms ‘monetary overtime com- the use of compensatory time off by an em- ated by a provider who meets the applicable pensation’ and ‘compensatory time off’ shall ployee of the employer, means create a situ- State or local government licensing, certifi- have the meanings given the terms ‘overtime ation in which the absence of the employee cation, approval, or registration require- compensation’ and ‘compensatory time’, re- during the time requested would likely im- ments, if any. spectively, by subsection (o)(7); and pose a burden on the business of the em- ‘‘(4) No employee may take more than a ‘‘(B) the term ‘unduly disrupt the oper- ployer that would prevent the employer from total of 12 workweeks of leave under para- ations of the employer’, used with respect to providing an acceptable quality or quantity graphs (1) and (3) during any 12-month pe- the use of compensatory time off by an em- of goods or services during the time re- riod.’’. ployee of the employer, means create a situ- quested without the services of the em- (b) SCHEDULE.—Section 6382(b)(1) of such ation in which the absence of the employee ployee.’’. title is amended by inserting after the sec- during the time requested would likely im- ond sentence the following: ‘‘Leave under pose a burden on the business of the em- subsection (a)(3) may be taken intermit- AMENDMENT NO. 250 ployer that would prevent the employer from tently or on a reduced leave schedule.’’. providing an acceptable quality or quantity In lieu of the matter proposed to be in- (c) SUBSTITUTION OF PAID LEAVE.—Section serted, insert the following: 6382(d) of such title is amended by inserting of goods or services during the time re- before ‘‘, except’’ the following: ‘‘, or for quested without the services of the em- has the measuring given the term in section leave provided under subsection (a)(3) any of ployee.’’. 7(e). the employee’s accrued or accumulated an- On page 23, strike line 23 and insert the fol- ‘‘(10) UNDULY DISRUPT THE OPERATIONS OF nual leave under subchapter I for any part of lowing: has the meaning given the term in THE EMPLOYER.—The term ‘unduly disrupt the 24-hour period of such leave under such section 7(e). the operations of the employer’, used with subsection’’. ‘‘(10) UNDULY DISRUPT THE OPERATIONS OF respect to the use of flexible credit hours by (d) NOTICE.—Section 6382(e) of such title is THE EMPLOYER.—The term ‘‘unduly disrupt an employee of the employer, means create a amended by adding at the end the following: the operations of the employer’, used with situation in which the absence of the em- ‘‘(3) In any case in which the necessity for respect to the use of flexible credit hours by ployee during the time requested would like- leave under subsection (a)(3) is foreseeable, an employee of the employer, means create a ly impose a burden on the business of the S4398 CONGRESSIONAL RECORD — SENATE May 13, 1997 employer that would prevent the employer NOTICE OF HEARINGS deadline for signing up to testify is Fri- from providing an acceptable quality or COMMITTEE ON ENERGY AND NATURAL RE- day, June 13, 1997. Every attempt will quantity of goods or services during the time SOURCES—SUBCOMMITTEE ON NATIONAL be made to accommodate as many wit- requested without the services of the em- PARKS, HISTORIC PRESERVATION, AND RECRE- nesses as possible, while ensuring that ployee.’’. ATION all views are represented. Mr. THOMAS. Mr. President, I would Witnesses invited to testify are re- AMENDMENT NO. 251 like to announce for the public that a quested to bring 10 copies of their testi- On page 10, strike lines 4 through 7 and in- hearing has been scheduled before the mony with them to the hearing, it is sert the following: Subcommittee on National Parks, His- not necessary to submit any testimony ‘‘(10) In this subsection— toric Preservation, and Recreation of in advance, Statements may be also be ‘‘(A) the terms ‘monetary overtime com- the Committee on Energy and Natural submitted for inclusion in the hearing pensation’ and ‘compensatory time off shall Resources. record. Those wishing to submit writ- have the meanings given the terms ‘overtime The hearing will take place on ten testimony should send two copies compensation’ and ‘compensatory time’, re- Wednesday, May 21, 1997, at 2 p.m. in of their testimony to the attention of spectively, by subsection (o)(7); and room SD–366 of the Dirksen Senate Of- Jim O’Toole, Committee on Energy and ‘‘(B) the term ‘unduly disrupt the oper- fice Building in Washington, DC. Nature Resources, U.S. Senate, 354 ations of the employer’, used with respect to The purpose of this hearing is to re- Dirksen Senate Office Building, Wash- the use of compensatory time off by an em- ceive testimony on Senate Resolution ington, DC 20510. ployee of the employer, means create a situ- 57, to support the commemoration of For further information, please con- ation in which the absence of the employee the bicentennial of the Lewis and Clark tact Jim O’Toole of the committee during the time requested would likely im- Expedition; S. 231, the National Cave staff at (202) 224–5161. pose a burden on the business of the em- and Karst Research Institute Act of ployer that would prevent the employer from f 1997; S. 312, to revise the boundary of providing an acceptable quality or quantity AUTHORITY FOR COMMITTEES TO of goods or services during the time re- the Abraham Lincoln Birthplace Na- quested without the services of the em- tional Historic Site in Larue County, MEET ployee.’’. KY; S. 423, to extend the legislative au- COMMITTEE ON ENERGY AND NATURAL thority for the Board of Regents of RESOURCES

AMENDMENT NO. 252 Gunston Hall to establish a memorial Mr. LOTT. Mr. President, I ask unan- to honor George Mason; S. 669, to pro- imous consent that the Committee on On page 23, strike line 23 and insert the fol- vide for the acquisition of Plains Rail- Energy and Natural Resources be lowing: has the meaning given the term in road Depot at the Jimmy Carter Na- section 7(e). granted permission to meet during the tional Historic Site; and S. 731, to ex- session of the Senate on Tuesday, May ‘‘(10) UNDULY DISRUPT THE OPERATIONS OF tend the legislative authority for con- 13, for purposes of conducting a full THE EMPLOYER.—The term ‘unduly disrupt the operations of the employer’, used with struction of the National Peace Garden committee hearing which is scheduled respect to the use of flexible credit hours by Memorial. to begin at 9:30 a.m. The purpose of an employee of the employer, means create a Because of the limited time available this hearing is to receive testimony on situation in which the absence of the em- for the hearing, witnesses may testify S. 417, reauthorizing EPCA through ployee during the time requested would like- by invitation only. However, those 2002; S. 416, administration bill reau- ly impose a burden on the business of the wishing to submit written testimony thorizing EPCA through 1998; S. 186, employer that would prevent the employer for the hearing record should send two providing priority for purchases of SPR from providing an acceptable quality or copies of their testimony to the Sub- oil for Hawaii; S. 698, the Strategic Pe- quantity of goods or services during the time committee on National Parks, Historic requested without the services of the em- troleum Reserve Replenishment Act, ployee.’’. Preservation, and Recreation, Commit- and the energy security of the United tee on Energy and Natural Resources, States. U.S. Senate, 304 Dirksen Senate Office The PRESIDING OFFICER. Without Building, Washington, DC 20510–6150. objection, it is so ordered. GRASSLEY AMENDMENT NO. 253 For further information, please con- COMMITTEE ON FOREIGN RELATIONS tact Jim O’Toole of the subcommittee (Ordered to lie on the table.) Mr. LOTT. Mr. President, I ask unan- staff at (202) 224–5161. Mr. GRASSLEY submitted an imous consent that the Committee on amendment intended to be proposed by COMMITTEE ON ENERGY AND NATURAL Foreign Relations be authorized to RESOURCES him to the bill, S. 4, supra; as follows: meet during the session of the Senate Mr. MURKOWSKI. Mr. President, I on Tuesday, May 13, 1997, at 10 a.m. to On page 28, after line 16, insert the follow- would like to announce for the public hold a hearing. ing: that an oversight field hearing has The PRESIDING OFFICER. Without (d) PROTECTIONS FOR CLAIMS RELATING TO been scheduled before the Committee objection, it is so ordered. COMPENSATORY TIME OFF AND FLEXIBLE on Energy and Natural Resources. The CREDIT HOURS IN BANKRUPTCY PROCEED- hearing will take place Saturday, June COMMITTEE ON GOVERNMENTAL AFFAIRS INGS.—Section 507(a)(3) of title 11, United 21, 1997 at 9:30 a.m. in the Saddle Moun- Mr. LOTT. Mr. President, I ask unan- States Code, is amended— tain Intermediate School Gymnasium, imous consent on behalf of the Govern- (1) by striking ‘‘$4,000’’ and inserting 500 Riverview Drive, Mattawa, WA. The mental Affairs Committee to meet on ‘‘$6,000’’; purpose of this hearing is to review is- Tuesday, May 13, 1997, at 1 p.m. for a (2) by striking ‘‘for—’’ and inserting the sues and management options associ- hearing on the President’s plan for the following: ‘‘provided that all accrued com- ated with the Hanford Reach of the Co- District of Columbia. pensatory time (as defined in section 7 of the lumbia River and to receive testimony The PRESIDING OFFICER. Without Fair Labor Standards Act of 1938 (29 U.S.C. objection, it is so ordered. 207) or all accrued flexible credit hours (as on S. 200, a bill to amend the Wild and defined in section 13(A) of the Fair Labor Scenic Rivers Act to designate a por- COMMITTEE ON INDIAN AFFAIRS Standards Act of 1938) shall be deemed to tion of the Columbia River as a rec- Mr. LOTT. Mr. President, I ask unan- have been earned within 90 days before the reational river. imous consent that the Senate Com- date of the filing of the petition or the date The committee will invite witnesses mittee on Indian Affairs be authorized of the cessation of the debtor’s business, representing a cross-section of views to meet during the session of the Sen- whichever occurs first, for—’’; and and organizations to testify at the ate on Tuesday, May 13, 1997, at 10:30 (3) in subparagraph (A), by inserting before hearing. Others wishing to testify may, a.m. in room 485 of the Russell Senate the semicolon the following: ‘‘or the value of as time permits, make a brief state- Building to conduct an oversight hear- unused, accrued compensatory time (as de- ment of no more than 2 minutes. Those ing on Public Law 102–477, the Indian fined in section 7 of the Fair Labor Stand- ards Act of 1938 (29 U.S.C. 207)) or the value wishing to testify should contact Sen- Employment, Training and Related of unused, accrued flexible credit hours (as ator GORTON’s office in Kennewick at Services Demonstration Act of 1992. defined in section 13A of the Fair Labor (509) 783–0640 or Senator MURRAY’s of- The PRESIDING OFFICER. Without Standards Act of 1938)’’. fice in Spokane at (509) 624–9515. The objection, it is so ordered. May 13, 1997 CONGRESSIONAL RECORD — SENATE S4399 COMMITTEE ON THE JUDICIARY Four thousand men partook in this plaud Mr. Charron and thank him for Mr. LOTT. Mr. President, I ask unan- operation and of those, nearly a quar- his courageous stance and leadership imous consent that the Committee on ter was reported missing or dead. on this issue. I would also like to en- the Judiciary be authorized to meet Records from the Department of De- courage the participants of the White during the session of the Senate on fense estimate 749 men died in addition House Apparel Industry Partnership to Tuesday, May 13, 1997, at 10 a.m. to to 441 Army and 198 Navy casualties. take the next step and adopt a labeling hold a hearing on chemical weapons Approximately 200 of these men were system giving consumers the informa- implementing legislation. from my home State of Missouri. tion they need and companies the rec- The PRESIDING OFFICER. Without This Memorial Day weekend com- ognition they deserve. objection, it is so ordered. memorates the heroic actions of the At this point, I submit Mr. Charron’s SUBCOMMITTEE ON AVIATION men who participated in Exercise Tiger remarks into the RECORD, and I urge Mr. LOTT. Mr. President, I ask unan- and particularly the ones who lost my colleagues and their staffs to re- imous consent that the Subcommittee their lives in this crucial preparation view his remarks. on Aviation of the Senate Committee for the D-day invasion. VFW Post 280 The remarks follow: on Commerce, Science, and Transpor- has the great privilege of being the REMARKS FOR THE WHITE HOUSE APPAREL IN- tation be authorized to meet on May first in the State of Missouri to recog- DUSTRY PARTNERSHIP: PAUL R. CHARRON, 13, 1995, at 2:30 p.m. on barriers to nize these brave individuals. APRIL 14, 1997 entry. In the words of Gen. Douglas Mac- Thank you, Linda. The PRESIDING OFFICER. Without Arthur, ‘‘Old soldiers never die, they And thank you, Mr. President, for having objection, it is so ordered. just fade away * * * .’’ I hope that the foresight to recognize that companies f through this long delayed acknowledg- could work together with labor, human ment of these fine soldiers, their mem- rights and consumer organizations towards ADDITIONAL STATEMENTS the common goal of improving labor condi- ory will not fade away, but will remain tions around the world. in our minds and hearts for years to But let’s not forget the contributions of RECOGNITION OF WORLD WAR II come. These men were an example for this administration, particularly the Depart- EXERCISE TIGER OPERATION all American soldiers to live by and a ment of Labor and former Labor Secretary ∑ Mr. BOND. Mr. President, during the credit to the United States as it re- Robert Reich. I also want to acknowledge Memorial Day weekend, Veterans of mains the free and great country that the tireless efforts of Maria Echaveste and it is today.∑ Gene Sperling. Foreign Wars Post 280 in Columbia, MO Furthermore, I would like to express my will recognize a group of heroic men. f deep appreciation to all those from the in- Until recently, few people knew of the PAUL CHARRON ON CHILD LABOR dustry, labor, human rights, consumer secret operation code named ‘‘Exercise groups who contributed to this effort. And, Tiger,’’ because the details of the trag- ∑ Mr. HARKIN. Mr. President, on April of course, I would like to thank Roberta edy were not disclosed until after the 17, 1997, a momentous occasion took Karp, Liz Claiborne’s general counsel, who Battle of Normandy and even then place at the White House when a group co-chaired the task force. proper recognition was not given. of apparel manufacturers, importers, The standards and processes developed by In December 1943, several training labor officials, and President Clinton the Apparel Industry Partnership are groundbreaking. Together we have built a operations began in order to prepare announced their actions to reduce the incidence of abusive child labor in the framework to more credibly address a seri- for the Battle of Normandy. These op- ous and complex problem. erations, organized by the United manufacturing of imported articles But the success of the Partnership’s frame- States Army, were undertaken off a into the United States. As one who has work for improving working conditions de- beach in Devon, England. It was known been working on this issue for many pends upon the industry’s ability to recruit by all participating parties the dangers years, I am pleased with the progress its peers. they could encounter. At the time, sev- that is being made, although I recog- We must be realists. We must be problem eral German ships patrolled this nize we have a long way to go. Most solvers. And our first challenge is this: per- importantly, we need leaders in the ap- suading our colleagues in the apparel and stretch of water looking for American footwear industries—colleagues who are not and English ships. One such evening parel industry who are willing to take represented here today—to join the fight. during practice operations, with only that step forward and work to include In short, we have come here not to an- one English ship to guard, there was a all manufacturers and importers in nounce victory, but to proclaim a new chal- surprise attack on the American ships. this effort to ban abusive and exploita- lenge. And that is to make this a truly in- On April 28, 1944, the German Navy tive child labor. In the recent past, dustry-wide effort. There is no other way. ‘‘E,’’ patrolling the English Channel, many apparel manufacturers have re- The skeptics may ask—why do this? The attacked the eight American tank sisted this effort, supposedly in the answer is simple: it’s good business. Some in name of ‘‘free trade,’’ but I suspect the industry may think the companies landing ships who became aware of the standing here are taking an unnecessary attack only after the U.S.S. LST–507 there was probably another reason. On risk; they may wonder how we can afford to was struck by an incoming torpedo. the other hand, there have been manu- make this commitment. Next, the U.S.S. LST–531 was attacked facturers and importers, who have I would ask them in return—how can we af- and sunk in a matter of minutes. The stepped forward to courageously take ford not to? convoy returned fire and the last ship the different course and that is to do Ensuring human rights is the right thing to be torpedoed, the U.S.S. LST–289, everything they can to ensure that to do, and it is the smart thing to do. Good made it safely to shore. their products are not made with ex- working conditions are productive working conditions. Even after this frightening turn of ploitative child labor. Let me emphasize that we are faced with a events, to it’s credit, Exercise Tiger One such person is Mr. Paul Charron, unique opportunity to make further continued operations and remained on the chief executive officer of the Liz progress, and, again, our goal is to make this schedule. Normandy was attacked as Claiborne Corp. He has been in the into an unprecedented industry-wide effort. planned and the D-day invasion was a forefront of the fight to ban the use of This is only the start—the truly great ac- success. exploitative child labor in the manu- complishments are yet to come. Information of the fatalities was not facturing of wearing apparel. Mr. Please join us to help this Partnership ful- released until after the D-day invasion Charron gave remarks at the White fill its potential. due to the secrecy of the mission and House that day, which I found to be And now, it is my great honor to introduce the President of the United States. Mr. in order to keep the Germans from be- most encouraging. His comments, in- President. . . .∑ coming aware of the impending strike. deed, echo my feelings, and I know the It took many years, and the passage of feelings of President Clinton when he THE 50TH ANNIVERSARY OF THE the Freedom of Information Act, to said that ensuring human rights is the TRANSISTOR learn of the significance of these mis- right thing to do, and it is the smart ∑ Mr. LAUTENBERG. Mr. President, sions. I feel now is the time for these thing to do. Good working conditions I rise today to mark one of those rare courageous men to get the long await- are productive working conditions. He discoveries which not only make his- ed recognition they deserve. is absolutely right, and I want to ap- tory, but actually change history. On S4400 CONGRESSIONAL RECORD — SENATE May 13, 1997 December 16, 1947, three Bell Labora- helped to lengthen our lives, enrich our ther ask unanimous consent that on tories scientists, Nobel Prize winners lives, and provide our lives with great- Wednesday, immediately following the John Bardeen, Walter Brattain and er meaning. prayer, the routine requests through William Shockley, working in Murray Mr. President, the tradition and te- the morning hour be granted, and the Hill, NJ, successfully operated the nacity of Bell Laboratories lives on in Senate immediately resume consider- world’s first transistor. The transistor its linear descendent, Lucent Tech- ation of S. 717, the Individuals With allows the flow of electrons through nologies. The men and women of Disabilities Education Act. solid materials to be controlled with- Lucent continue to make innovative The PRESIDING OFFICER. Without out requiring any moving parts. communications products using solid objection, it is so ordered. Mr. President, I’m not a scientist, so state technologies that are an out- f I don’t completely understand the growth of the transistor’s development. technology that makes this tiny device I salute their work, and as the direct PROGRAM work. But I do understand that, with- heirs of Bell Laboratories, I congratu- out it, an amazing array of products late them on the 50th anniversary of Mr. SANTORUM. Mr. President, for which have revolutionized our lives the transistor.∑ the information of all Members, tomor- could simply not work. In fact, the row morning, the Senate will resume f transistor’s impact on microelec- the IDEA bill under the earlier time tronics, computers, telecommuni- APPOINTMENT BY THE MAJORITY agreement. All Senators can expect a cations, and so much more reminds me LEADER series of three rollcall votes beginning of the words of Ralph Waldo Emerson, The PRESIDING OFFICER (Mr. at approximately 9:45 or 9:50 a.m. Sen- ‘‘The creation of a thousand forests is ators should be prepared to be on the ENZI). The Chair announces, on behalf in one acorn.’’ And the forests of prod- of the majority leader, pursuant to floor for the stacked votes beginning ucts which have sprung from the tran- Public Law 101–509, his appointment of early Wednesday morning in that the sistor is indeed dazzling. C. John Sobotka, of Mississippi, to the second and third votes will be limited Mr. President, not only is the tran- to 10 minutes in length. Following the sistor practically ubiquitous in our so- Advisory Committee on the Records of Congress. votes and a short period for morning ciety, there is neither an individual nor business, the Senate will begin consid- an industry that has not benefited f eration of the partial birth abortion from this device. It has helped us ad- APPOINTMENT BY THE ban. The Senate might also consider vance the study of biology and medi- DEMOCRATIC LEADER the CFE Treaty during Wednesday’s cine, permitting us to understand and session. As always, Senators will be no- The PRESIDING OFFICER. The heal the human body in ways that our tified as to when any additional votes Chair announces, on behalf of the ancestors could never even have imag- are scheduled. ined. It has altered our sense of com- Democratic leader, pursuant to Public munity by permitting us to negate the Law 101–509, his reappointment of John f effects of both time and distance C. Waugh, of Texas, to the Advisory through the development of worldwide Committee on the Records of Congress. ADJOURNMENT UNTIL WEDNES- communication networks. By doing so, f DAY, MAY 14, 1997, AT 9:15 A.M. the transistor changed the way we Mr. SANTORUM. Mr. President, if learn by instantly placing knowledge ORDERS FOR WEDNESDAY, MAY 14, there is no further business to come be- at our fingertips. And it has allowed us 1997 fore the Senate, I now ask unanimous to explore the depths of the ocean, Mr. SANTORUM. Mr. President, I consent that the Senate stand in ad- walk on the moon, and chart the solar ask unanimous consent that when the journment under the previous order. system and the invisible domains of Senate completes its business today, it There being no objection, the Senate, the universe. Obviously, the transistor stand in adjournment until the hour of at 7:18 p.m., adjourned until Wednes- not only revolutionized our lives, it has 9:15 a.m. on Wednesday, May 14. I fur- day, May 14, 1997, at 9:15 a.m. May 13, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E897 EXTENSIONS OF REMARKS

DAVIS OF VIRGINIA/WYNN/ failure as a result of poverty, family problems, The elections were not without flawsÐthere MORELLA/MORAN OF VIRGINIA/ or low self-esteem. Many of these children were some ballot box irregularities, there was CUMMINGS/HOYER/WOLF GOV- have been stigmatized, seeing only what they too much military presence at voting places, ERNMENT SHUTDOWN PREVEN- can't achieve. But Walter Segaloff and the oth- there was some violence, and the elections TION AMENDMENT ers who direct AAD have shown them a dif- did not fundamentally alter political power in ferent path, one toward personal success and Yemen, which remains in the hands of Presi- HON. THOMAS M. DAVIS price. dent Saleh. OF VIRGINIA AAD's achievements are based on the com- The true test of the elections in Yemen de- bined efforts of dedicated individuals, who pro- pends on what happens nextÐwhether the IN THE HOUSE OF REPRESENTATIVES vide the vision and hard work, and local cor- new Parliament will take up its responsibility to Tuesday, May 13, 1997 porations and businesses, who have provided serve as an effective check on executive Mr. DAVIS of Virginia. Mr. Speaker, this much-needed and appreciated monetary sup- power, and whether the Parliament will work week the House is scheduled to vote on H.R. port. It is this community interest and assist- to improve life in Yemen. 1469, the Disaster Recovery Act of 1997, at ance which helps set AAD apart, making it a I believe that it is in the United States na- which time we intend to offer our Government role model for the rest of this Nation as we tional interest to support the development of a shutdown prevention amendment. This search for ways to improve education. civil society in Yemen, and to enhance the ef- amendment will provide 100 percent of fiscal Reader's Digest magazine recently awarded fectiveness of Yemen's ParliamentÐnot only year 1997 spending levels through the end of AAD with their American Heroes in Education because of the positive benefits for the people fiscal year 1998, in the absence of regular ap- Award, a fitting tribute to a great program. of Yemen but because of the importance of propriations bills. In addition, our amendment This is only the most recent award garnered this example and experience for the entire specifically ensures that no Federal employ- by AAD: The program has also been honored Arab world. ees will be furloughed or RIF'd because of this by a joint award sponsored by Business Week f temporary funding level. magazine and the McGraw-Hill Educational This amendment will guarantee that the Publishing Group, in cooperation with the TRIBUTE TO A YOUNG BENE- Federal Government does not hold Federal American Association of School Administra- FACTOR AND ROLE MODEL, MR. employees hostage during a stalled appropria- tors, for educational innovation. MICHAEL CARRICARTE, JR. tions process. In the State of Texas alone, this I would like to add my words of appreciation amendment will ensure that almost 200,000 and thanks today to An Achievable Dream and HON. CARRIE P. MEEK hard-working Federal employees and their the dramatic contributions the program has OF FLORIDA families will not have to face the prospect of made to the Newport News community in Vir- IN THE HOUSE OF REPRESENTATIVES ginia, and to the Nation as a whole. unknown periods of unemployment when the Tuesday, May 13, 1997 Government shuts down. This is a common- f sense amendment which will work as a safety Mrs. MEEK of Florida. Mr. Speaker, it is in- net until the normal fiscal year 1998 appropria- PARLIAMENTARY ELECTIONS IN deed a distinct honor and great privilege to tions process is completed. YEMEN pay tribute to one of Miami's young unsung In sum, this 100-percent safety net is an ef- heroes, Michael Carricartre, Jr. Thanks to his fective way to provide an immediate guarantee HON. LEE H. HAMILTON efforts, on May 15, 1997, the students and that: First, the Federal Government will always OF INDIANA staff of St. Francis Xavier School, an inner-city remain open and working for the taxpayer; IN THE HOUSE OF REPRESENTATIVES elementary school located in Miami-Overtown community, will join Archbishop John second, we will meet our commitment to keep Tuesday, May 13, 1997 America's civil servants on the job; and third, Clemente Favalora and the clergy in blessing we will meet our shared goal of controlling Mr. HAMILTON. Mr. Speaker, I want to and opening the doors to new classrooms and Federal spending. draw the attention of my colleagues to the re- playground. Myriads of supporters and volun- f cent parliamentary elections in Yemen. The teers will be joining in to celebrate this historic Congress doesn't often pay attention to occasion in my district. AN ACHIEVABLE DREAM Yemen, but what transpired there on April 27 This event was made possible by this young was impressive. In a country that recently ex- entrepreneur whose immense love for children HON. ROBERT C. SCOTT perienced civil war, that is one of the poorest is beyond measure. Armed with a vision to- OF VIRGINIA countries on Earth, and that is in a part of the ward making a difference in the Overtown chil- IN THE HOUSE OF REPRESENTATIVES world where elections are not the norm, Yem- dren's future, 27-year-old Michael Carricarte, en's electoral experience is worth noting. Jr., president of Dade County-based Amedex Tuesday, May 13, 1997 On the spectrum of elections in the Arab Insurance Co., vowed to provide a better envi- Mr. SCOTT. Mr. Speaker, I rise to call my world, these elections were perhaps the most ronment for their learning. Reaching out to colleagues' attention to the remarkable work of positive outcome ever. The elections were these inner-city children he is indeed making An Achievable Dream, a true success story in competitive, they were open to all adult men a difference in their lives. my district. It was 5 years ago when Walter and women, and political parties had the op- Not oblivious of the drama of poverty, along Segaloff founded the An Achievable Dream portunity to get their message out. with the problems of growing up, he took up Academy for academically at-risk students, What is particularly impressive is the com- the challenge that the children of St. Francis many of whom have demonstrated that they mitment of the people of Yemen to the elec- Xavier School will have a place where they are ready and willing to learn, if just given the toral process. Three separate national net- can study and learn and obtain a God-loving proper environment. Sadly, their home envi- works of independent election monitors environment. In his role as chairman of the ronment is too often not conducive to learning. watched ballot boxes throughout the country. school's building fund project, he begun rais- That's where An Achievable Dream, or AAD, In a country of high illiteracy, especially female ing money from personal friends and corpora- steps in. illiteracy, the Arab Democratic Institute and tions, maximizing it with a personal loan he By instilling a love of learning and enabling other nongovernmental organizations worked obtained from a local bank. each child to develop a personal, achievable hard to increase voter turnout, especially While there are special cases of individuals dream leading to academic and subsequent among rural women. The participation of who go above and beyond the call of duty to- professional success, AAD puts its arm women, 30 percent was low, but it was signifi- ward their fellowmen, Michael Carricarte, Jr., around the shoulder of these kids who may cantly higher than the level in the 1993 par- ensured that his vision is accompanied by his otherwise be headed for academic and social liamentary elections, 19 percent. personal touch of concern and devotion to

∑ 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. E898 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 1997 children's learning. His persistent consecration daughters, Anne Katherine Bourjaily Thomas throughout the history of the organization. to this agenda is personified by his goal that and Beth Marie Bourjaily Goff, are accom- Bringing this meeting to Arlington/Fort Worth, ``* * * a new modern building will be con- plished, upstanding citizens. Elinor also has TX, signals a new era in which the national structed with three big classrooms for the four wonderful grandchildren. board of the NAACP can have a presence teaching of children, where they can go to Mr. Speaker, on Sunday, May 18, family, throughout the United States. school from kindergarten to the 6th grade friends, and admirers will join together to cele- Additionally, the location of this quarterly * * * so that children can stay away from brate the gift that Elinor Bourjaily bestows meeting is not only convenient for board mem- drugs and delinquencyÐand where they can upon everyone who knows her. We are lucky bers and other interested parties from Texas get quality education in hopes of becoming to have her in our midst. and the southwestern region, but is also ex- good citizens of the future.'' f pected to boost the economy in our area and Ever since he begun this project in 1992, he save individual board members and the has been immensely gratified in helping these TAIWAN’S GROWING DEMOCRACY NAACP organization tens of thousands of dol- inner-city children. ``They too are entitled to a lars in travel and lodging expenses. good education, just like the rest of America's HON. ROBERT A. UNDERWOOD I especially want to congratulate the Arling- children, because they truly represent our fu- OF GUAM ton and Fort Worth NAACP branches on their ture,'' he is wont to say. IN THE HOUSE OF REPRESENTATIVES hard work and persistence in attracting this Mr. Carricarte has truly become the con- Tuesday, May 13, 1997 meeting to Tarrant County, TX, and for their summate community activist who abides by Mr. UNDERWOOD. Mr. Speaker, March 20, diligent preparations to make the board mem- the dictum that children who have less in life, 1997, is a significant date for Taiwanese citi- bers' stay a productive, exciting and com- through no fault of their own, should have zens. It marks the first year anniversary of di- fortable one. more from those of us who are more fortu- rect presidential elections, an unprecedented The Nation's oldest civil rights organization nate, regardless of race, creed, gender, or po- event for the people of Taiwan. Taiwan's stel- continues to evolve and adapt to the chal- litical affiliation. The collective testimony from lar rise from an agricultural, authoritarian re- lenges it faces in working toward equal justice parents and community leaders represents an gime to an increasingly democratic economic and opportunities for all Americans, and espe- unequivocal testimony of the utmost respect powerhouse is testimony to its reform-minded cially African-Americans who have struggled he enjoys from our community. policies. as a race of people for more than 200 years To date his undaunted efforts on behalf of Significant events which led to the 1996 to enjoy basic civil liberties. the schoolchildren of St. Francis Xavier are presidential elections include the termination Mr. Speaker, I would again like to congratu- succinctly shaping and forming the consolida- of martial law in July, 1987, by President late and welcome the national board of direc- tion of efforts on the part of countless support- Chiang Ching-kuo. In 1990, the National As- tors of the NAACP to Arlington/Fort Worth, ers and organizations. His word is his bond to sembly chose Mr. Lee Teng-hui for the presi- Texas. those who have dealt with himÐnot only in dency and he proceeded with various reforms, f moments of triumphal exuberance in helping such as legalizing opposition parties and re- our wayward youth turn the corners around, TRIBUTE TO THE INDUSTRY ADVI- structuring the parliamentary groups. As a re- SORY BOARD OF THE but also in his quest to transform this inner- sult, not only has there been a trend toward city school into a veritable oasis where chil- SMITHTOWN CENTRAL SCHOOL decentralizing political power, greater personal DISTRICT dren's academic achievement and mastery of freedom, and less restrictions on the press are the basic schools are fully assured. also other beneficial results of these reforms. Michael Carricarte, Jr., truly exemplifies a Taiwan is an emerging democracy, one HON. MICHAEL P. FORBES fresh and unique leadership whose coura- which is a major political and economic player OF NEW YORK geous vision and utmost caring for less fortu- in the Asia-Pacific region. As our Asian neigh- IN THE HOUSE OF REPRESENTATIVES nate children genuinely appeal to the noblest bors, the people of Guam appreciate Taiwan's Tuesday, May 13, 1997 character of our humanity. I truly salute him on contributions to the economic transactions in Mr. FORBES. Mr. Speaker, I rise today to behalf of our grateful community. the region. March 20 is certainly an important f pay tribute to the Industry Advisory Board of date, not only for the people of Taiwan, but for the Smithtown Central School District, a group IN HONOR OF ELINOR BOURJAILY democratically minded citizens everywhere. It of more than 140 area businesses, that is is further affirmation that democratic principles celebrating 20 productive years of partnership HON. DENNIS J. KUCINICH are not confined to certain groups, it is a uni- between local industry and the Smithtown versal conviction. schools. OF OHIO I offer my congratulations to President Lee IN THE HOUSE OF REPRESENTATIVES In today's fast-paced, technology-driven so- Teng-hui for the immense progress he and the ciety, it is imperative that our schools prepare Tuesday, May 13, 1997 Government of Taiwan have achieved. His vic- students with the skills they will need to excel tory in last year's popular presidential elec- Mr. KUCINICH. Mr. Speaker, I rise to honor in the modern workplace, and in the future. tions confirm Taiwanese commitment to Mr. Elinor Bourjaily, whose life of service in Cleve- Preparing our students for a competitive and Lee's capable leadership and vision for the fu- land and North Royalton, OH, has been an in- rapidly evolving global marketplace requires ture. spiration to all who know her. innovative new partnerships between school, Elinor is a dedicated woman. She has f businesses, government, communities, and worked hard for her church community. From RECOGNITION OF NATIONAL families. Since 1977, the industry advisory 1950 to 1991, she worked in a number of ca- BOARD OF DIRECTORS OF THE board has forged that creative partnership with pacities lending crucial help to St. George NAACP—QUARTERLY MEETING Smithtown schools, helping its teachers and Antiochian Church in Cleveland. She taught in IN ARLINGTON/FORT WORTH, administrators prepare our students for the de- the church school and served as its super- TX—MAY 13, 1997 mands of the 21st century workplace. intendent. She was a member of the Ladies The first on Long Island to create such a Guild, then became an officer and later presi- HON. MARTIN FROST partnership with its business and community dent. She chaired numerous committees and leaders, an alliance that has enhanced school OF TEXAS functions, organized dinners and served Mercy curriculum and markedly improved student IN THE HOUSE OF REPRESENTATIVES Meals. From 1991 to the present, she has achievement, Smithtown schools and local served St. Matthew Antiochian Church in Tuesday, May 13, 1997 businesses have both benefited from this syn- North Royalton. She has served as Ladies Mr. FROST. Mr. Speaker, I rise today to ergistic association. It all started with the prac- Guild president, an officer and president of the congratulate the national board of directors of tical goal of providing training and job opportu- Midwest Antiochian Orthodox Christian the National Association for the Advancement nities to cooperative education students. Women of North America and the governing of Colored People, on the occasion of their Today, under the visionary guidance of Direc- council of The Order of St. Ignatius of Antioch. quarterly board meeting in Arlington/Fort tor Susan Gubing, more than 140 member or- She has been a devoted mother, grand- Worth, TX. The meeting is being held from ganizations work to integrate the resources of mother, and wife. Elinor and Fred were mar- May 14 through May 17, 1997. industry and the skills of educators to develop ried for 43 years until Fred's passing in 1993. The national board meetings of the NAACP strategies that will best prepare Smithtown Elinor's children, son, Fred Nick Bourjaily, and have traditionally been held on the east coast students. May 13, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E899 During its 20 years of operations, more than It is important to recognize the need for School. Chia-Ling is the top winner of the 10,000 students have taken advantage of the keen awareness on the part of all drivers that 1997 18th Congressional District High School industry advisory board's career development motorcycle riders are sharing the road with Art Competition, An Artistic Discovery. programs, such as its job fairs, internships, co- them. It is also essential to honor motorcy- Chia-Ling's artwork was chosen from an operative work experience, and mentoring pro- clists for their many contributions to the com- outstanding collection of entries. Her mixed- grams. Just as importantly, more than 200 munities in which they live and ride. Thus, we media portrait which is entitled ``Jonay'' illus- educators have taken part in the industry advi- should all take time out this month to make trates her strong individualized style. She is a sory board's programs, learning innovative ourselves aware of motorcyclists and keep this young woman of considerable talent sure to techniques that they use to supplement their awareness alive with every month that follows. have many successes in her future. course plans. f I look forward to seeing Chia-Ling's artwork Since 1977, the partnership between displayed along with the artwork of the other Smithtown schools and its business commu- SALUTING NOVA SOUTHEASTERN competition winners from across our country. I nity has created a powerful synergy that can UNIVERSITY COLLEGE OF OS- am pleased to be associated with Chia-Ling's be used as a model for creative school-com- TEOPATHIC MEDICINE, RECIPI- artistic talents. munity partnerships throughout America. ENT OF THE PRESTIGIOUS 1997 Congratulations, Chia-Ling. I wish you all Therefore, I ask my colleagues in the U.S. ANNUAL PAUL R. WRIGHT EX- the best of luck in the future. House of Representatives to join me in honor- CELLENCE IN MEDICAL EDU- f CATION AWARD ing the Smithtown school's industry advisory HONORING THOMAS W. ROACH, JR. board as it celebrates its 20th anniversary on May 16, 1997. HON. CARRIE P. MEEK HON. MAURICE D. HINCHEY f OF FLORIDA OF NEW YORK IN THE HOUSE OF REPRESENTATIVES MOTORCYCLE AWARENESS MONTH IN THE HOUSE OF REPRESENTATIVES Tuesday, May 13, 1997 Tuesday, May 13, 1997 Mrs. MEEK of Florida. Mr. Speaker, I rise Mr. HINCHEY. Mr. Speaker, I would like to HON. JAY KIM with pride to congratulate Nova Southeastern OF CALIFORNIA take this opportunity to recognize a man who University College of Osteopathic Medicine on has given his life to aiding the poor and under- IN THE HOUSE OF REPRESENTATIVES receiving the Paul R. Wright Excellence in privileged of New York's Ulster County. Tuesday, May 13, 1997 Medical Education Award. It is the most pres- Thomas W. Roach, Jr. began his long and tigious award given by the American Medical Mr. KIM. Mr. Speaker, I rise today to recog- distinguished career in public service as a Student Association, and Nova College of Os- nize May as Motorcycle Awareness Month. In captain in the U.S. Marine Corps. After leaving teopathic Medicine is the first osteopathic my home State of California alone, there are the military, he spent 30 years working in the medical school in the United States to be se- over 1 million motorcycle riders and pas- insurance industry. During that time, beginning lected for this honor. sengers. Having owned a motorcycle myself, I in 1974, Mr. Roach served in several capac- In receiving this award, the Nova College of know that motorcycles are efficient and a fun ities on the Ulster County Legislature, includ- Osteopathic Medicine joins the ranks of the means of transportation. Motorcyclists are an ing minority leader from 1978 to 1979, and most distinguished medical schools in the equal partner on the road and because of their chairman from 1980 to 1983. While a member country including Harvard Medical School, small size, it is important for all road users to of the legislature, Mr. Roach was the chairman Mount Sinai School of Medicine, and the be aware of each other and learn to share the of the mental health committee for 2 years, Baylor College of Medicine. This award recog- road. Though many people believe motorcycle and chairman of the public health committee nizes the Nova School of Osteopathic Medi- drivers represent a select group, they are for 4 years, while sitting on several other com- cine as a leader in the Florida community and quite a diverse group of individuals that in- mittees as well. clude lawyers, doctors, teachers, engineers, health care field and as a school of high qual- When Mr. Roach left the legislature, it was architects, law enforcement officers, military ity medical education. It also serves as a mile- to continue his devotion to Ulster County as personnel laborers, business owners and op- stone for other osteopathic medical colleges the county commissioner of social services. erators, veterans, city, county, State, and Fed- all over the country, heralding them as institu- Under his leadership, the Ulster County De- eral employees, elected officials, both male tions of scholastic excellence. partment of Social Services became known I believe osteopathy's innovative educational and female. Therefore it is important to recog- throughout New York as a model in innovative methods and determined efforts to deliver nize that motorcyclists are a large part of our program development and initiative. Healthy high-level patient care are noteworthy. In community. Start, a home-visitor based early intervention 1996, 10,781 individuals competed for 2,200 Since motorcyclists are at more of a risk program, the Family Violence Investigative slots in the 17 osteopathic medical colleges lo- due to their size, most riders take the Califor- Unit, and the Social Services Roundtable, cated throughout the Nation. The American nia Motorcycle Safety course in order to be which has greatly improved communication Medical Student Association cited the Nova better equipped to share the road. Further- between the commissioner, staff, and clients School of Osteopathic Medicine for its ``excep- more, since the inception of the course, motor- of social services, are only a few of the pro- tional integration of interdisciplinary education cycle accidents have decreased by 30 per- grams developed by Commissioner Roach. cent. But, they are only half of the equation into the training of tomorrow's physicians''. Outside of his professional commitment to because it is also important for cars, trucks, This award highlights the unique position of Ulster County and the welfare of its people, buses, and all other motor vehicles to realize this outstanding institution as a leader in the Thomas Roach has also participated in many it is necessary to look out for one another on advancement and enrichment of osteopathic community activities in this area. He served as the road and be cognizant of each other. If medical education. president of the Maternal-Infant Services Net- Mr. Speaker, I am proud and honored to this were to be possible, accidents were de- work Board, the American Cancer Society-Ul- represent the Nova School of Osteopathic crease by even an larger percentage. ster County Chapter, and the New York State Medicine in the 17th Congressional District of Motorcyclists are also recognized for their Public Welfare Association, of which he is still Florida. On behalf of our entire community, I substantial contributions to the community a board member, and many other organiza- applaud them for their commitment to the given as individuals as well as through a num- tions. ber of organizations such as the Confed- highest standards of patient care and I extend To my great sadness, Thomas W. Roach, eration of Motorcycle Clubs, the Modified Mo- my best wishes for their continued success. Jr. has decided to retire from his position as torcycle Association, the American Motorcylist f Ulster County Commissioner of Social Serv- Association, the California Motorcyclist Asso- TRIBUTE TO MS. CHIA-LING YU ices after 12 years of dedicated service. His ciation, the Harley Owners Group, the departure will be keenly felt by those he Goldwing Touring Association, the Goldwing HON. MICHAEL F. DOYLE worked with, the many people he helped dur- Road Riders Association, the American Broth- ing his tenure, and our entire community. I can OF PENNSYLVANIA erhood Aimed Toward Education Motorcycle only hope that his successor will be able to IN THE HOUSE OF REPRESENTATIVES Rights Organization, and many more. Through continue the precedent he has set for dedica- these organizations, motorcyclists are able to Tuesday, May 13, 1997 tion, innovation, and collaboration, and that he promote motorcycle awareness and safety Mr. DOYLE. Mr. Speaker, I rise today to continues the charitable work in our commu- throughout their community areas. honor Chia-Ling Yu from Gateway High nity which he has been involved in for so E900 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 1997 many years. He has always been and will con- bear in mind that this milestone is not a remember and know what to do with these tinue to be a good citizen and a great friend. celebration. memories. This can only be a commemoration. f I am fully confident that survivors will con- The loss is too enormous, the pain is too deep and the memories are too traumatic. tinue to be in the forefront of remembrance REMARKS OF MILES LERMAN, because all of us firmly believe that destiny CHAIRPERSON OF THE U.S. HOL- So let us use this auspicious moment to take stock of our accomplishments of the has chosen us to survive and become the OCAUST MEMORIAL COUNCIL AT last fifty years. guardians of this sacred flame. THE NATIONAL DAYS OF RE- This is a legacy we must fulfill. This is an MEMBRANCE CEREMONY When the Nazi nightmare finally ended, we stood on the smoldering ruins of a devastated obligation that we and our children will carry Europe, our families murdered, our homes de- for the rest of our days. HON. TOM LANTOS stroyed or occupied by strangers and our Thank you. OF CALIFORNIA dreams completely shattered. f IN THE HOUSE OF REPRESENTATIVES We had every reason to feel bitter with the A TRIBUTE TO FIREFIGHTER Tuesday, May 13, 1997 world, suspicious and distrustful. McELVAIN Mr. LANTOS. Mr. Speaker, at an extremely As a matter of fact, there were those who moving ceremony in the rotunda of the United believed that we survivors would never be States Capitol last Thursday, Members of able to fit in and readjust to a normal society HON. BRAD SHERMAN Congress, the diplomatic corps, representa- again. OF CALIFORNIA tives of our Nation's executive and judicial Fortunately, we proved them wrong. IN THE HOUSE OF REPRESENTATIVES branches, and hundreds of survivors of the We have mastered the strength to rebuild Tuesday, May 13, 1997 our lives and become a constructive part of Holocaust with their friends and family gath- Mr. SHERMAN Mr. Speaker, I rise today to ered to commemorate the National Days of the communities that we live in. We have every reason to be proud of our honor ``Red'' McElvain for his lifetime of serv- Remembrance. This was an occasion when ice with the Los Angeles City Fire Department. we take the time to remember the horror and accomplishments. Fifty years ago we came to the shores of Indeed his dedication to serve our Nation and inhumanity of the Holocaust. community is a model of civic duty. In 1933, more than 9 million Jews lived in America not knowing the language or the cus- Red grew up in the San Fernando Valley continental Europe. Over the next decade the toms of this country. Most of us came here and graduated from North Hollywood High countries where these men and women and penniless and most of us without any technical School. While in high school he excelled in children lived were invaded, occupied, or an- or professional training. But in spite of these football, track, baseball, and basketball letter- nexed by Nazi Germany. By the end of the shortcomings by sheer tenacity, by hard work ing in each sport. Although his athletic prow- Second World War, 2 of every 3 of these Eu- and decent conduct, the survivors have man- ess earned him scholarship offers to several ropean Jews were dead, and European Jew- aged to make an impact on the economic and colleges, he opted to serve his Nation in the ish life was forever changed. As my col- cultural development of their respective com- Army. As an enlisted man, he was part of the leagues know, I was one of those fortunate in- munities or even beyond. Some of you whom we have chosen as Elite 11th and 82d Airborne Ranger Divisions. dividuals who survived that horrible era. Upon completing his tour in the Army, Red Mr. Speaker, in recognition of the unspeak- symbols of this miraculous revival, created became a firefighter. In his 39 years as a fire- able horror of the Holocaust and the impor- new industries and are giving employment to fighter he has had experience in several dif- tance that we never forget that tragedy, the thousands of people. ferent types of companies. Among his assign- U.S. Holocaust Memorial Council was estab- With your entrepreneurial spirit, some of you ments, he has worked on both engine and lished by Congress to preserve the memory of have managed to change the skylines of many truck companies, and he has specialized in the victims of the Holocaust. One of the most cities in America. airport crash and helicopter operations. His important tasks in this effort is the annual We survivors have every reason to be espe- experience not only makes him extremely ver- Days of Remembrance commemoration in the cially proud of our families and the children we satile, but allows him to serve as a mentor to rotunda of our Nation's Capitol. I commend have managed to raise. many of the new recruits. both the Council and the members of the We succeeded to instill in them all the posi- When away from work Red is actively in- Days of Remembrance Committee for their tive characteristics mankind has to offer; volved in his local community. He donates his achievement this year, and I want to pay par- healthy work habits, love for study, and a de- time to local youth sports, school visitations, ticular tribute to the chairperson of the Coun- sire to aim for excellence. As a result of this, our children have and other charitable events. Firefighter cil, my dear friend Miles Lerman, for his ex- reached very impressive levels in the fields of McElvain lives his life in accordance with Wil- traordinary effort. The time of this year's Days of Remem- science, technology and performing arts. liam Penn's sentiments when he wrote, ``The brance commemoration was ``From Holocaust So let us commemorate the 50th anniver- public must and will be served.'' Mr. Speaker, I am privileged to represent to New Life.'' This remarkable ceremony cele- sary of new life in America with a sense of Red McElvain, he is a deserving recipient of brated the lives and legacy of those on those gratitude that it was our fate to defy Hitler's the City Fire Department's Outstanding Per- who survived those darkest of days, and came evil plans. A sense of achievement for having been formance Award. to a new beginning here in the United States. able to play a role in re-igniting the sparks of f As one survivor explained ``America gave me Jewish creativity. the opportunity to be a human being again.'' I But above all, we are here to express our FLOOD RELIEF—FALMOUTH, KY fully understand those feels, Mr. Speaker. At the national civic commemoration, Chair- deep gratitude to our new homeland, the Unit- person Miles Lerman, delivered an outstand- ed States of America and its people, for giving HON. SAM JOHNSON ing speech on this solemn occasion. Mr. the survivors of the Holocaust an opportunity OF TEXAS Speaker, I ask that his remarks be placed in to pick up the broken shards and start rebuild- IN THE HOUSE OF REPRESENTATIVES ing our devastated lives all over again. This is the RECORD, and I urge my colleagues to read Tuesday, May 13, 1997 them. a gratitude that we will carry deep in our hearts forever and ever. Mr. SAM JOHNSON of Texas. Mr. Speaker, Salutations! In the days when the Jewish in the wake of the flooding along the Licking communities of Europe were rapidly being I commend Ben Meed, the chairman of the wiped off from the surface of the Earth and National Days of Remembrance and his com- River in Kentucky, I would like to recognize in the moments of our deepest despair, we mittee for designating this year's remem- the following 56 men who gave of their per- clung to hope in spite of hopelessness. We brance ceremony as a day of contemplation sonal money, time, and energy to assist with dared to dream without really believing that and a day of thanksgiving. flood relief. At the invitation of Senator Gex our dreams would ever come true. However, we must bear in mind the expres- Williams, they served in and around the towns Who of us would have believed then that sions of gratitude cannot be limited to words of Butler and Falmouth, KY, for a period of 3 the day would come when hundreds of survi- only. Remembrance is only meaningful if it is weeks from March 7±28, 1997. During this vors would gather in the Capitol rotunda in the heart of historic America to demonstrate translated into deedsÐtangible deeds. time they assisted the local emergency relief our commitment to remembrance. During the creation and the building of the agencies in the salvage, cleanup, and demoli- Today as we commemorate the milestone Holocaust Memorial Museum, survivors have tion of homes and businesses that had been of 50 years of new life in America, we must demonstrated by tangible deeds that they do damaged, while spreading goodwill, faith, May 13, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E901 hope, and charity wherever they went. Their Rights Award as well as the Sakarov Prize for from the Rio Hondo Police Academy. While at sacrifice, diligence, and thoroughness con- Freedom of Thought. the academy he was voted the No. 1 cadet in veyed a true sense of brotherly love to the citi- Mr. Speaker, I urge all my colleagues to call his class. As a rookie on the force, Edward zens of Butler and Falmouth. The experiences on the Chinese Government to release Wei quickly earned the respect of his fellow offi- these men received while serving will enrich Jingsheng. cers with his maturity, quick learning ability, their lives permanently, causing them to be- f and thorough training. Within his first year on come better citizens, and thus have a greater the force he was consistently at the top of pro- impact on the world around them. IN SUPPORT OF WEI JINGSHENG ductivity statistics. Edward has qualified for the LISTING OF STUDENTS AND (STATES) highly prestigious 10851 CVC Award every Ryan Batterton (WA), Joel Beaird (TX), HON. SAM GEJDENSON year that he has been on the force. Johnathan Bowers (TN), Michael Braband OF CONNECTICUT Officer Hernandez has become a crucial (MO), Jason Butler (AL), David Carne (OR), IN THE HOUSE OF REPRESENTATIVES member of the department's Special Re- Thomas Chapman (MI), Charles Churchill II Tuesday, May 13, 1997 sponse Team. Drawing upon his background (NC), James Clifford (ON), Andrew Cope (SC), in the U.S. Marine Corps, he has helped to Geoff Davis (KY), Timothy Davis (CA), Ben- Mr. GEJDENSON. Mr. Speaker, I rise again train the team for tactical situations. Edward jamin Easling (WA), Paul Ellis (MS). today to express my support for Wei has received numerous commendations for his Steve Dankers (WI), Paul Elliott (WY), Jingsheng and to call upon the Government of high quality work and consistent professional- Ron Fuhrman (MI), Matthew Harry (MI), the People's Republic of China to release Mr. ism. Timothy Hayes (NY), James Huckabee, Jr. Wei immediately and to provide him with prop- (MO), Hans Jensen (CA), Joshua Johnson Officer Hernandez' hard work and profes- (WA), Daniel Lamb (CA), Aaron Lantzer er medical care. sionalism make him an extraordinary law en- (MI), Eric Lantzer (MI), Clayton Lord (KS), As the title of his book indicates, Wei forcement officer. These traits, coupled with Jason Luksa (TX), Joshua Menge (GA). Jingsheng has had the courage to stand alone his leadership abilities, ensure that he will Larry Mooney (OH), John Nix (TX), Steve in his demands for democracy in China. Chi- have a significant impact on the San Fernando Nix (TX), Daniel Norwood (GA), Keon na's most famous political prisoner has been Police Department for years to come. Indeed, Pendergast (CA), Matthew Pennell (DE), incarcerated for almost 20 years. But this has the people of San Fernando are safer with Of- James Penner (OH), Daniel Reynolds (MN), not kept him silent. His collection of letters ficer Hernandez on the force. Tim Rogers (NY), Gregg Rozeboom (MI), ``The Courage to Stand Alone'' revives echoes As Theognis stated, ``* * * but to few men Joshua Schoenborn (WA), David Servideo of Martin Luther King, Jr.'s ``Letters From a (VA), Adam Shelley (MO), Michael Shoe- comes the gift of excellence.'' Edward Hernan- maker (IN). Birmingham Jail.'' The moral power of Wei's dez is one of those few to whom excellence Chad Sikora (MI), Jeremy Smith (KY), words inspire the international campaign to is not a goal, but an expectation. His work ex- Chuck Stewart (WV), Daniel Strahan (IN), nominate him for the Nobel Peace Prize. emplifies the values and work ethic of the resi- Joshua Tanner (MI), David Thomas (MI), Mr. Speaker, recent alarming news from dents of San Fernando. I am honored to rec- Timothy Tuttle (OR), Arial Vanderhorst Wei's family underscore his need for imme- ognize his service. (KS), Daniel Weed (NY), Scott Westendorf diate medical attention. His long suffering from f (OR), Shane White (KY), Jared Wickam (IL), heart disease and arthritis is now being Brian Wicker (AZ), Matthew Wood (WA). compounded by debilitating back pain. A wors- RUSSIA f ening neck problem is preventing him from even lifting his head. Reports indicate he has HON. SAM JOHNSON IN SUPPORT OF WEI JINGSHENG not seen a doctor in more than a year. This OF TEXAS medical neglect must end, he must be given IN THE HOUSE OF REPRESENTATIVES proper medical treatment. HON. GARY L. ACKERMAN Tuesday, May 13, 1997 OF NEW YORK Mr. Speaker, Wei Jingsheng languishes in a IN THE HOUSE OF REPRESENTATIVES prison because he refuses to be silent in his Mr. SAM JOHNSON of Texas. Mr. Speaker, as this Congress deliberates the issues facing Tuesday, May 13, 1997 support of democracy and human rights. The world's focus on fellow dissidents such as our Nation and the world today, I would like to Mr. ACKERMAN. Mr. Speaker, I rise today Vaclev Havel and Adam Michik helped turn bring to your attention a group of young peo- to urge the Chinese Government to release the tide in other oppressive societies. That ple and families who are taking significant Wei Jingsheng and allow him to receive the same glare of moral outrage must now shift to steps to strengthen society in our country and medical treatment he desperately needs. Wei China's treatment of Wei Jingsheng. around the globe. In particular, I would like to has been an outspoken and articulate advo- The cases of Wei Jingsheng, Hao Fuyuan, commend 384 such individuals who have re- cate for democratic reform in China and is cur- and so many others jailed in the People's Re- cently returned from Moscow, Russia, where rently imprisoned for his efforts. public of China represent an ongoing struggle. they have been involved over the 1995±96 Wei has spent much of his adult life in pris- It is a battle that not only their families and school year in providing character education on. He was arrested in 1979 for his participa- friends must wage but a fight that all who be- for orphans, public school children, college tion in the Democracy Wall movement, during lieve in justice and freedom must join. young people, juvenile delinquents, and fami- which he argued that the government's mod- And so, Mr. Speaker I ask my colleagues lies. They have been serving at their own ex- ernization plans were impossible without and supporters of liberty throughout this coun- pense under the authority and official invitation democratic reform. He remained in prison until try and across the globe to join me in de- of the Moscow department of education. Their 1993 when he was released on the eve of the manding freedom and proper medical care for success continues to be heralded throughout International Olympic Committee's decision Wei Jingsheng. Moscow by television, newspaper, and word of about whether to award the 2000 Olympics to f mouth among the citizens and leaders of Rus- Beijing. sia. Furthermore, the credentials and strength- Wei was arrested again in 1994, for his con- A TRIBUTE TO EDWARD ening that this experience provides for those tinued outspokenness and only days after HERNANDEZ who have taken part will heighten the success meeting with Assistant Secretary for Democ- of their work in their own home communities racy, Human Rights, and Labor, John HON. BRAD SHERMAN as they continue to serve families and young Shattuck. Wei was held incommunicado for 20 OF CALIFORNIA people through positive character training and months and has been sentenced to another IN THE HOUSE OF REPRESENTATIVES practical assistance. 14 years imprisonment. He is due to be re- John Arnett (NC), Breton Alberty (LA), leased in 2009. Wei's family has not been Tuesday, May 13, 1997 Evangeline Alexander (AL), Adam Allen able to see him since February and he is very Mr. SHERMAN. Mr. Speaker, I rise to pay (CA), Hugh Allen (CA), Karen Allen (CA), ill. He suffers from arthritis, high blood pres- tribute to an exceptional young police officer, Matthew Allen (CA), Rachelle Allen (CA), sure, and heart disease, but is not receiving Edward Hernandez. In only a few years Offi- Charles Astone (AZ), Jeri Lynn Backus (AR), Jerome Backus (AR), Martha Backus (AR), effective medical treatment. cer Hernandez has established himself as one Sunny Barja (NC), Donny Barr (GA), Lindsay Today, we mark the publication of Wei's of the San Fernando Police Department's top Bain (NZ), Simon Bain (NZ), Aileen Bair book, ``The Courage to Stand Alone: Letters officers. (OH), David Bair (OH), John Bair (OH), Peter From Prison and Other Writings.'' Wei has re- Officer Hernandez joined the San Fernando Bair (OH), Robert Bair (OH), Stephen Bair ceived the 1994 Robert F. Kennedy Human Police Department in 1993, after graduating (OH), Kelly Battson (CA), James Beaird (TX), E902 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 1997 Amy Beckenhauer (CA), Gail Beckenhauer Lent (GA), Marywinn Lent (GA), Michael Timothy Wood (VA), John Worden (CA), An- (CA), Kurt Beckenhauer (CA), Adam Bell Lent (GA), Rachel Lent (GA), Elizabeth Long gela Zimmerman (NC), Christine Zimmer- (TX), Anthony Bender (CA), Patricia Bender (GA), James Long (GA), John Long (GA), man (NC), John Zimmerman (NC). (CA), Steven Bender (CA), Karine Bergeron Jadon Lord (KS), Mark Maier (WA), John f (Canada), Matthew Berholic (WA), Jason Mardirosian (OK), Todd Marshall (MI), Josh- Beverly, Richard Blair (CA), Nicole Blockeel ua Martin (PA), Joshua Mather (NY), George TRIBUTE TO BOB KRIEBLE (Canada), Dean Boehler (CO), Justin Boehler Mattix (WA), Patricia Mattix (WA), Aaron (CO), Rebekah Boehler (CO), Stacy Boehler Mattox (MO), Jennifer Mattox (MO), Kath- (CO), James Brock (GA), Joshua Brock (GA), leen McConnell (MO). HON. NEWT GINGRICH Sandra Brock (GA), Vann Brock (GA). Benjamin McKain (IN), Patricia McKain OF GEORGIA Paul Brooker (GA), Calyton Browning (IN), Sarah McKain (IN), Shannon McKain IN THE HOUSE OF REPRESENTATIVES (NY), Rachel Browning (NY), Ralph Brown- (IN), Thomas McKain (IN), Sonshine Mead- ing (NY), Robert Browning (Canada), Sandra ows (GA), Charles Mehalie (NY), Debra Tuesday, May 13, 1997 Browning (NY), Wanda Browning (NY), Mehalie (NY), Rachel Mehalie (NY), Rebekah Mr. GINGRICH. Mr. Speaker, Bob Krieble Christopher Brudi (MI), Nathan Bultman Mehalie (NY), Sandra Mehalie (NY), Sarah passed away last week. In addition to being a (MI), Reuben Burwell (TX), Laura Grace But- Mehalie (NY), T.C. Mehalie (NY), Stephen ler (AL), James Cade (MS), Laura Cade (MS), Midkiff (WA), Sarah Millard (OR), Amy Mil- friend, he was a scientist, an entrepreneur and Melonie Cade (MS), Andrew Campbell (NZ), ler (MN), Rachel Miller (MT), Alan Mills an investor. But most importantly, he was a Daniel Campbell (NZ), Holly Cannon (OK), (IN), Nancy Ruth Mirecki (Canada), Ira man who loved his country and loved free- David Carne (OR), Adriane Cecil (GA), Andy Moore (AL), Julia Moore (AL), Owen Moore dom. He may not have been known to many Cecil (GA), Angela Chetta (GA), Marc Chetta (AL), Sarah Moore (AL), Robert Moore (AL), Americans, but his influence spread far and (GA), Marc A. Chetta (GA), Matthew Cheeta Joy Morgan (TN), Ann Phyllis Murphy (AR), wide in this country and abroad. (GA), Christel Clark (MI), Daniel Clark (MI), Garland Doty Murphy (AR), Phyllis Murphy As a scientist, he invented the chemical James Clark (MI), Lisa Clark (MI), Susan (AR), Zachary Murphy (AR), Kathleen mixture to help metal tighten to metal. From Clark (MI), Nathan Clausen (MN), Michael Nicolosi (TX), Jerome Nicolosi (TX), Regina Clement (NE), David Coggin (VA), David Nicolosi (TX), Vanessa Nicolosi (TX), there, as a entrepreneur with his father, he Cohen (ND), Matthew Coker (OK), Jonathan Veronique Nicolosi (TX), Rachel Noel (OH), founded Loctite Corporation. He held patents Cole (ID), Alan Buck Collie (CA), David Col- Hannah Oehlschlaeger (OR), Anne Oldham in the field of silicones, anaerobic adhesives lie (CA), Sarah Collie (CA), Susan Collie (TN), Alicia Olson (WY), Vladimir Osherov and petrochems. (CA), Timothy Collie (CA), Ryan Costello (Aust.), Jonna Patterson (GA), Glory Perkins As an investor, he sought out emerging (FL), Richard Coulson (KS), Aarie Courneya (GA), Heather Perkins (GA), James Perkins markets, including Korea and encouraged en- (MN), Annalisa Craig (NE). (GA), Lea Perkins (GA), Timothy Peters trepreneurs wherever he went. Daniel Craig (NE), David Craig (NE), Mary (TX). Craig (NE), Neil Craig (NE), Stephen Craig Janice Petersen (GA), John Petersen (GA), Yes, he was a patron of the conservative (NE), Timothy Craig (NE), James Crenshaw Timothy Petersen (GA), Gregory Phillips movement and a great one at that. In 1978, (FL), Kerri Lynn Crist (CA), Jonathan Davis (WA), Beverly Pike (FL), Joshua Ramey he joined the Heritage Foundation, and (CA), Denise Diouhy (MN), Steven Diouhy (CA), Randall Rankin (AL), A. Marie Ratcliff through his leadership, helped build one of the (MN), Reuben Dozeman (MI), Annie DuBreuil (NC), Carolyn Ratcliff (NC), Paul Ratcliff premier think tanks in the country today. In ad- (IL), Joshua Dunlap (FL), Bruce Eagleson (NC), William Ratcliff (NC), Christianna dition to Heritage, Bob also sat on the boards (PA), Naomi Ellis (OR), Joseph Farley (CA), Reed (TX), Mary Regenold (TN), Jessica of Empower America, the Free Congress Jana Farris (CA), Alyson Fitch (NC), Tory Reiter (CA), Beryl Richards (MI), Jerome Foundation and was an active participant in Francis (KS), John French (CA), Jesse Fuqua Richards (MI), Jerome Richards, Jr. (MI), (CA), Doran Gaines (TN), Terrianne Gaines Veronica Richards (MI), Benjamin Riddering many other conservative organizations. But it (TN), Thomas Gaines (TN), Gerald Garcia (CO), Jessica Riness (MI), Lindsay Rink (KS), is not merely in the furtherance of a particular (WI), Kriselda Garza (TX), Deborah Geiger Russell Risona (CA), Forest Robertson III ideology that Bob's impact was felt. (NC), Rhiannon Geraci (OH), Vicki Geraci (IN), Leigh Anne Robinson (TN), Debbie Rog- Most significantly, in 1989, he founded the (OH), William Geraci (OH), Charles Gergeni ers (LA), Deborah Rogers (LA), Jonathan Krieble Institute to promote democracy, elec- (IN), Jeremy Goertz (Canada), Jenna Golman Rogers (LA), Steven Rogers (LA), Charles tions and free enterprise in the Soviet Union (VA), William Gothard (IL), Alison Gracom Rogers III (LA), Charles Rogers, Jr. (LA), and Eastern EuropeÐbefore the fall of the (CA), Robert Greenlaw (TX), Christine Joann Roof (NY), Charles Ross (IN), Charity Berlin Wall. He made more than 80 trips over Griesemer (SC), Andrew Griffin (TN), Craig Ross (IN), Jedidiah Ross (IN), Mary Ross there, conducting seminars, meeting with lead- Guy (MO), Peter Guy (CA), Marie Hackleman (IN), Stephen Ross (IN), Rebekah Ross (IN), (MI), Ronald Hair (GA), Tamala Hair (GA). Rebecca Rowe (PA), Keith Rumley (MI), ers and training a full-time network of over Susan Hall (MI), James Harper (CA), Shir- Laura Rumley (MI), Peter Rumley (MI), 20,000 field experts to establish political eco- ley Harper (CA), Natalie Harper (CA), Sally Holly Rupp (IL), Stacey Rupp (IL), Stephen nomic reform. Hawkins (OR), Susan Hawkins (OR), Tim Sallows (IL), Shanon Schneider (KS). At the time, he shared this sentiment with a Hayes (NY), Louise Henne (MI), Clinton James Schroeder (TX), Molly Schultz (OR), friend: ``I'm 76 and I'm in a hurry to help these Hilman (OR), Judy Himan (OR), Kaarina Ashley Sell (WY), Harry Shedd (ME), Robert people achieve the freedom that so many Hilman (OR), Alan Holmes (NC), Julie How- Sherwood (CA), Cherylynn Sherwood (CA), Americans take for granted.'' Bob Krieble had ard (FL), Kristen Howard (FL), Spencer How- Valerie Sherwood (CA), William Sivells (TX), ard (FL), Walter Howard (FL), Walter S. Cynthia Smith (PA), Daniel Smith (PA), the vision to see that rapid change in Eastern Howard (FL), Aimee Howd (IA), Christonpher Elizabeth Smith (PA), Timothy Smith (PA), Europe could happen. Others thought it would Hulson (OK), Terrill Hulson (OK), Wil James Sneed (MO), Laura Spencer (NC), take more than a decade, but Bob put his Hunsucker (NC), Julianne Hunsucker (NC), Jesse Spivey (LA), Robert Spivey (LA), money, mind and commitment where his heart Wilburn Hunsucker (NC), James Hynes (IN), Wendi Sundsted (TX), Beau Taylor (WI), Jon- was and helped bring about the change he Blayne Hutchins (ON), Judith Hynds (TX), athan Trotter (MO), Mark Trotter (MO), knew was possible. Michael Jacquot (SD), Brian Jacynyk, Chris- Daniel Truitt (TX), Jeffrey Truitt (TX), Har- Bob Krieble was right, and so much of what tina Jare (LA), Matthew Jett (AL), Anna old Veltkamp (MT), Jennifer Waite (IL), has changed in the world today is a tribute to Jones (GA), David Jones (CA), Donald Jones Kenneth Waite (IL), Matthew Waite (IL), Bob's work, insights and influence. (MT), John Jones (GA), John D. Jones (GA), Nancy Waite (IL), Sarah Waite (IL), Dane Joseph Jones (GA), Pamela Jones (GA), Eliz- Walker (VA), Jamie Walker (VA), Sarah He will be sorely missed. abeth Joyner (NC), Christopher Keller (TX), Walker (VA), Thomas Walker (VA), Nicholas I enter into the CONGRESSIONAL RECORD a Jessica Keller (TX), Judith Keller (TX), Rob- Wall (CO), Laura Warren (FL), William War- further remembrance of Bob Krieble from our ert Keller (TX), Stephanie Keller (TX), Josh- ren (FL), Matthew Watkins (CA), William mutual friend Richard Rahn. ua Kempson (NJ), Cara Kerr (FL). Watkins (LA), Aaron Watson (WA), David DR. ROBERT KRIEBLE, AUGUST 22, 1916–MAY 8, Corrine Kerr (FL), Mary Ann Kerr (FL), W. Watson (WA), Jonathan Watson (WA), Vir- 1997 Randall Kerr (FL), Dean Kershner (MD), ginia Watson (WA), Matthew Webster (CO), (By Richard Rhan) Jason Kingston (TX), Daniel Koller (MO), Emily Weidler (NY), Shannon Welborn (FL), Hermann Koller (MO), C. John Krabill (OR), Heather Wenstrom (FL). THOUGHTS ON A GIANT OF A MAN. Michael Krabill (OR), Candace Lacey (FL), James Whitfield (KY), Daniel Whitten It is rare to be able to make the unambig- Cherie Lacey (FL), Aaron Laird (MT), Dacon (CO), Jamie Whitten (CO), Jesse Whitten uous statement that an individual has made Laird (MT), Katherine Laird (MT), Nena (CO), Jon Whitten (CO), Josiah Whitten (CO), the world, not a better place, but a signifi- Laird (MT), Zachary Laird (MT), James Lane Kim Whitten (CO), Linda Whitten (CO), cantly better place, because of what he has (FL), Sondra Lantzer (MI), Amy Lee (CA), Manoah Whitten (CO), Ryan Whitten (CO), done during his life. Bob Krieble was one of David Lee (CA), Katie Lee (CA), Cecelia Seth Whitten (CO), Stephen Whitten (CO), those very rare individuals—a world-class Leininger (TX), James Leininger (TX), Kelly Susannah Whitten (CO), Daniel Wideman scientist, a highly successful entrepreneur Leininger (TX), Tracey Leininger (TX), (Canada), Ted Williams (CT), Adam Wolsfeld and businessman, a philanthropist, an adven- David Lent (GA), Deena Lent (GA), George (IL), Barbara Wood (VA), Harold Wood (VA), turer, an extraordinary fighter for freedom May 13, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E903 and liberty who altered the course of his- Russia, Bob was attacked by some com- tate in Old Lyme, Connecticut to his office tory, a visionary, and always a kind and gen- munist deputies in the Russian Duma and in and little apartment in Washington. He erous gentleman. the communist press, as the evil capitalist spent his time helping people and advising Bob Krieble invented what are commonly who brought down communism. Bob’s re- and supporting political leaders, institu- known as super adhesives where the bond is sponse was to fly to Moscow and hold a press tions, and influential individuals to do the stronger than the materials it holds to- conference to respond to his critics. He right thing. After a life of extraordinary ac- gether. This invention has made life better began by explaining that as much as he was complishment, Bob Krieble could have easily and easier for virtually every manufacturer, honored by their accusations, he felt that he chosen a life of quiet retirement. Instead, he hobbyist and homeowner on the globe. He could only take a little credit for the end of remained a vigorous revolutionary for free literally changed the way many things are communism. peoples and free markets to the end. put together, from engines to toys. Starting For all of his accomplishments and wealth, with $100,000 from family and friends in the Bob was a modest man who sought few crea- f 1950’s, he built a billion dollar multinational ture comforts. In his travels in Eastern Eu- A TRIBUTE TO THE FORT WAYNE, corporation. He created tens of thousands of rope and the former Soviet Union, he rarely well-paying jobs all over the world. stayed in the first class hotels—in those few IN, HABITAT FOR HUMANITY Bob was a distinguished chemist who did cities where they were available—but pre- not forget that the scientific method has ferred to stay in hotels that could be af- HON. MARK E. SOUDER equal applicability to the political and eco- forded by the locals, which most of us Ameri- OF INDIANA nomic sciences. He was a successful entre- cans viewed as only one step up from camp- preneur and investor because he understood ing. In Washington, he drove a little Ford IN THE HOUSE OF REPRESENTATIVES it is better to place your assets in those Festiva. After a typically hair-raising ride Tuesday, May 13, 1997 countries that are pursuing relatively pro- with him one day (Bob drove more like an Mr. SOUDER. Mr. Speaker, I think we all growth economic policies, and are moving eighteen-year-old than an eighty-year-old), I towards freedom rather than away from it. asked him why he did not buy a bigger and agree that it is helpful for us as a body to peri- Though not a trained economist, he under- safer car. He said, ‘‘The less money I spend odically turn our attention from our business stood far better than many in the economics on myself, the more I have to give away.’’ here in Washington to our constituents back profession that low tax rates, a low level of Bob was a man of great physical courage home. It is important that we remember what economic regulation and government spend- and energy. The day the Russian tanks were individual citizens encounter during day-to-day ing, sound money, and strong enforcement of shelling the Russian ‘‘White House,’’ Bob life, and most importantly, learn from them property rights and civil contracts do far was in Moscow. He walked to the Moscow how they meet these challenges. more to better the human condition than river embankment down below the building government transfer payments. He not only so that he ‘‘could have a close look.’’ Bob We are familiar with Habitat For Humanity understood these things, he acted to bring was a pilot who enjoyed flying acrobatic air- and the wonderful work it has done in fulfilling them about across the globe through his en- planes until he was well in his seventies. housing needs internationally. I submit for the ergy and his financial support of politicians Scuba diving was another of his hobbies. On RECORD a list of some of the students and fac- and institutions that were moving the world one occasion, a couple of the Novecon board ulty from Bishop Dwenger, Northrop, Canter- towards freedom and away from statism. members and I met him at the bar in the bury, North Side, South Side, Carroll, Paul There are literally dozens of pro-democ- Radisson Hotel in Moscow. There he was sit- Harding, Bishop Luers, and Snider High racy and pro-free market institutions that ting on the bar stool waiting for us, and after Schools in Fort Wayne, IN, who devoted 14 Bob Krieble generously supported, and in a bit, he casually informed us that he had many cases helped to create. For example, he spent the previous night in a hospital in days to building homes in the Fort Wayne was one of the key early supporters of both Minsk because of illness, but there he was area during these students' spring break. For the Heritage Foundation and the Free Con- ready to go to work the next day in Moscow. 12 hours a day, this group worked with profes- gress Foundation. In addition, he gave away Bob was a rarity among businessmen; he sional contractors on this labor of love. Since millions to help individuals who were in did not try to curry favor in Washington, yet 1987, the Fort Wayne Habitat for Humanity trouble all over the world, whether it was be- he was among the most influential of all chapter has built 32 homes. cause of personal hardship, or because some businessmen in the Nation’s Capital. The in- These individuals didn't assume a govern- totalitarian thug was trying to suppress the fluence came, not just for his support of ment program was going to address the prob- liberties of the people. His wonderful family, members of Congress who agreed with him, wife Nancy, daughter Helen, and son Fred but because he was so principled. For exam- lem, they recognized a need and worked for a shared his values, and have been supporting ple, when the US Chamber of Commerce re- solution. I am proud to represent these Hoo- his work in their own right. versed long-standing policies against social- siers and share them with the Members of this When the conventional wisdom was that ized health care and tax increases, in a body as an example of what the future gen- the Soviet empire would go on many more short-lived attempt to gain favor with the eration looks like in Indiana. years, Bob Krieble saw the rot and decided to Clinton Administration, Bob Krieble was BISHOP DWENGER HIGH SCHOOL push the demise a bit faster. In the 1980’s he among only a handful of Board members who began financially supporting many of the had the courage to resign in a public protest. STUDENTS dissident pro-democracy groups in Eastern Within a number of months he was again Dan Adams, Erica Aguirre, Ryan Aldin, Europe and the Soviet Union. He bought and proven right, as the Chamber’s membership Amanda Ballard, Stephanie Bianco, Gina delivered to them computers and fax ma- forced it back to the principled position. Blum, Michelle Boicey, Joe Brownfield, chines. The US media, business, and political Many new companies around the world owe Amanda Brudi, Josh Butler, Liz Christman, establishment ridiculed him. Business Week their very existence to Bob Krieble. He de- Audi Coonan, Angie Cutigni, Colleen ran a derisive article entitled. ‘‘The Quixotic lighted in helping new entrepreneurs, par- Delaney, Aaron Dailey, Mary DeArmond, Quest of Robert Krieble.’’ Bob, of course, re- ticularly in newly freed economies. He un- Erica Dray, Sarah Dumas, Natalie Florea, mained undeterred, and as usual was soon derstood that without a vibrant private busi- Jenny Furniss. proven right, as the walls came a-tumbling ness sector in the former communist coun- Chris Grashoff, Nikki Halley, Becky Har- down. Bob not only fought communism and tries, democracy would not prevail. He often mon, Jill Hayden, Tom Hobler, Heather Hull, helped to speed its demise, but understood talked to me about the need to build busi- Christie Lott, Jenni Johnson, Cindy Jordan, that the destruction of communism was not ness partnerships in the transition countries. Katherine Kuhne, Kelly Keating, Katie enough. He realized that to have a safe, pros- As a result, he co-founded the Novecon com- Kearney, Kourtney Kindt, Melissa Koors, perous and free world, you have to have peo- panies with me in our attempt to create Darren Kraft, Koe Krouse, Kerri Kumfer, ple in place who understand democracy and profitable entrepreneurial partnerships in Amanda Kumfer, Russell Lauer, Steve free markets. He created the Krieble Insti- the former communist lands. His love of new Ludwiski. tute and spent millions of dollars of his own technology never waned. Just a few weeks Matt Lung, Matt Manes, Laura Mangan, money on building a network of influential ago, I took him to Novecon Technologies’ Laurie Marqueling, Katie McCarthy, Krissi people in the former communist countries new little silicon carbide wafer plant in McGarry, Hector Mercedes, Jenny Moeller, and on political and economic training, to Herndon, Virginia, to meet with Gene Lewis, Andrea Moll, Joe Michaels, Tracey Neuman, help ensure that qualified people would be Jim LeMunyon and the Russian scientists B.C. O’Rourke, Jim Porter, Stece Preston, available to serve in the new non-communist who had developed the process. He took a Carrie Przbycin, Nick Radford, Whitney governments. great interest in Gene’s explanation of the Reeves, Jessica Reith, John Resig, Matt Rob- Almost no one in the United States had new and unique technological process. On inson. heard of Boris Yeltsin until Bob Krieble got our drive back to Washington, he had the en- Michelle Rorick, Audrey Rosswurm, Stacy some of the Republican Congressional lead- thusiasm of a twelve-year-old boy as he Sandor, Pete Schultz, James Schwartz, April ers to invite him for a trip to the US, which slapped the dashboard and said, ‘‘Those fel- Simon, Tom Smith, Robert Stazewski, Bob helped to underwrite. Bob was one of lows really have something there.’’ Danielle Stewart, Matt Stier, Amanda Stier, Yeltsin’s first American friends and appar- Bob Krieble never gave up the fight for Hanne Tenggren, Jared Thompson, Nate Till, ently had a strong influence on him. A cou- freedom. Each week, until he was stricken Emilt Tippman, Julie Todoran, Devon Ull- ple of years after the fall of communism in last month, he would commute from his es- man, Zak Vrba, Julie Waikel, Kim Wheeler. E904 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 1997 Eric Wilkins, Aimee Wyatt, Dan Zach, Tony Weber, Angie White, Ryan Wigmore, Andy Blauvelt, Christopher Becker, Justin Andy Baltes, Chris Bouza, Beth Brown, Dave Jane Terfler, Patrick Murphy, Brooke Rhoades, Theresa Wall, Rachel Heath, Matt Brown, Jeff Cramer, Rene Espinosa, Matt Ulrich, Laurel Longardner, Jodi Orendorff, Rurnschlag, T.J. Dickerson, Dacid Clough, Flaherty, Amber Franze, Andrea Freiburger, Zack McKissik, Anthony Farr. Matt Freiburger, Nora Presswood, Ryann Marie Gonya, Kellie Hamrick, Sara Harmon, Harrington. CANTEBURY HIGH SCHOOL Nathan Hartman, Laura Helmkamp, Katie Andy Blauvelt, Katie Shank, Gretchen Hoffman, Vanessa Hogan, Stave Howell. FACULTY Augsburger, Nick Klingler, David Bugert, Meghan Johns, Tra Kennedy, Don Kimes, Ramona Fisher, Ted King, Nancy Vacanti, Allie Wyss, Joshua Booker, Marie Magers, Cyndi Ley, David Luetzelschwab, Maria Rita Hayes, Bob Schantz. Katie Rorick, Lindsey Giant, Scott Hart- McGuire, Amanda Meyers, Matt Miller, STUDENTS man, Laura Cost, Mandy Sroufe, Carmen Butler, Katie Colone, Jeni Lebrato, Pam Andra Monnig, Ebony Nichols, Amy O’Neil, Ben Downie, Becca Downie, Kiya Bajpai, Smith. Reid Pfleuger, Nika Porter, Casey Ryan, Lee Crawford, Dan Barrett, Seth Fischer, Becky Kelty, Beth Newell, Jennifer Wynt, Julie Sanger, Tim Schenkel, Jessica Sikora, Avinash Mantravadi, Tracy Hayes, Ian Matt Dowling, Marcus Lummier, Courtney Marie Sordelet, Ben Sproat, Anton Sambur, Dan Limburg, Abbie Vacanti, Furrow, Monica Guerra, Erin Spireth, Ra- Talamantes. McLean Karr. chel Sorg, Melissa Castleman, Kendra Alex Tone, Greg Veerkamp, Rick Walz, Emilie Powell, Charity Fesler, Anne John- Shuler, Beverly Wedler, Kathy Blankman, Zack Ziembo, Betsy Blum, Bill Burich, son, Kathryn Johnson, Sam Kaplan, Jessie Sarah Thomas, Amy Creager, Elizabeth Marcie Burke, LaKesha Carter, Nicole Wickham, Make Najdeski, Kyle Michel, Wright. Chamberlin, Adam Christman, Leslie Colone, Maria Cipolone, Cecilia Taylor, Tina Ryan Cox, Mary Etter, Renee Geist, Emily Zurcher, Neha Sharma, Katie Nichols, Lili f Gill. Fuhr, Xenia Olajosova. Amber Halley, Ben Henry, Allison Higi, A TRIBUTE TO KEN ERICSSON Stephanie Irvin, Corey Johnson, Margaret SOUTH SIDE HIGH SCHOOL Kearney, Andria Kowal, Suzie Loeffler, FACULTY HON. BRAD SHERMAN Janelle Lynch, Katie Mavis, Michelle McCar- Ronald Holmes, Joann Piatt. thy, Molly McCarthy, Missy Mountz, Ann OF CALIFORNIA Nguyen, Kyle Panther, Beth Quinn, Sabra STUDENTS IN THE HOUSE OF REPRESENTATIVES Mindy Rorick, Nicole Hoffman, Nichole Snyder, Becky Stewart, Emily Stucky, Gina Tuesday, May 13, 1997 Tippmann, Sara Todoran, Victoria Truesdell, Pallard, Dan Hagen, Megan Pahmier, Metti Rob Waikel, Heidi Winebrenner, Sean Shank, David Miller, Josh Deyer, India Sim- Mr. SHERMAN. Mr. Speaker, I would like to Luetzelschwab, Brian Veerkamp, Patrick mons, Leah Ahrensen, Steve Hill, Khalid bring to your attention Officer Ken Ericsson. Walz. Jaboori, Amarin Sengthongsava, Allyson This week Mr. Ericsson is being honored by Shadnagle. NORTHROP HIGH SCHOOL the California Highway Patrol with the 1997 CARROLL HIGH SCHOOL FACULTY Valley Community Legal Foundation's Out- Mr. Timon Kendall, Mr. David Murphy, FACULTY standing Performance Award. Mrs. Lee Murphy, Mr. Rob Mikol, Ms. Dar- Mike Cheviron, Judy Quinn, Sherrie Shade, Officer Ericsson is a 19 year veteran of the lene Butler, Mrs. Mary Lou Eddy, Mr. Greg Susan Terfler, Judy Schaubschlager, Steve force who has served his entire career in the Pressley, Mrs. Carol Freck, Mrs. Lisa Burner, Jo Bergstedt, Becky Reece, Susan West San Fernando Valley. Those that have Thompson, Cindy Vanvleet, Bill Mallers, Ali- Helmuth, Mr. John McCory, Mr. Bob Tram- had the privilege of working with Ken describe mel, Mr. Steve Mock, Mr. Val Harker, Mrs. son Hoff, Bonnie Wyss, Marti Weihe. him as a dedicated, reliable, and enthusiastic Nancy Pressley, Mr. Bernie Booker, Mrs. STUDENTS Shari Miller, Mrs. Cheryl Strader. officer. During his tenure as an officer he has Mary Slater, Amanda Repine, Amanda developed a special interest in officer safety. Mrs. Shirley Johnson, Mrs. Jane Kimmel, McClurg, Sara Zeiger, Matt Landin, Martha Mrs. Mary Blaettner, Mrs. Jeanne Sheridan, Boggs, Anna Hudson, Sherene Bucher, Rob While off-duty Officer Ericsson has attended Mr. Sam Diprimio, Mrs. Terri Springer, Mrs. Wermuth, Van Gardner, Kristie Stenger, various officer safety courses ranging from Mary Collinsworth, Mrs. B.J. Harper, Mr. Al Trey Begin, Faith Begin, Abi Iczkovitz, Dan firearm safety to officer survival training. Jacquay, Mr. Bob Roebuck, Mrs. Marjorie Douglas. These skills paved the way for him to become Keever, Mr. Bernie Booker, Mrs. Lee Mur- Rula Mourad, Stephanie Simmerman, An- the West Valley Office's safety instructor. In phy, Mrs. Lilly Mikol, Mrs. Mary Lou Eddy, drew Krouse, Jeff Welch, Julie Baker, Erin Ann Roth, Rebecca Smith. that post, he has helped officers become more Miller, Carrie Lane, Sarah Dick, Emily Rich- aware of and prepared for potential dangers. STUDENTS ardson, Jennifer Burns, Jill Gilbert, Chad Freeland, Stacy Gephart, Amber Bond, Jen- In addition to helping fellow officers, Ken's Jack Murphy, Michelle Ping, Carrie Dixon, farsightedness and safety training saved his Heidi Freudenstein, Samay Jain, Ann Roth, nifer Osborne, Sarah Stephenson, Breanna Jena Banasiak, Ycwubdar Manmektot, Angie Schaubschlager, Cathy Slater. own life in June 1996. While conducting a traf- fic stop on the shoulder of the Ventura Free- Wareing, Bob Chu, Jane Terfler, Rachel Less- PAUL HARDING HIGH SCHOOL er, Michelle O’Brien, Jeanie Mora, Miles way, he was hit by an errant driver and thrown Stucky, Gina Love, Jill Koenig, Violet FACULTY down the freeway's embankment. Had he not Vandever, Aaron Smits, Bryan Redmon. Pam Butts, Mike Weidemeier, Mary Lou been standing in the proper position on the Rebecca Smith, Sarah Jarosh, Jenn Boggs, Renier, Craig Hissong, Alice Sheak, Neal shoulder, as he had been trained, his injuries Brown, Peggy Ruzzo, Mary Overmeyer. Devina Mistry, Sara Nider, Amy Melchi, would have likely been fatal. Fortunately, Ken Tony Tuesca, Nicole Fisher, Lani Aker, Leak STUDENTS was able to return to work a short time later. Seitz, Saray Raynor, Jody Orendorff, Kelly Kara Pettey, Adriana Lopez, Aundrea Rolf, Shannon Kelly, Jenny Moore, Twila Mr. Speaker, I ask that you join me, Ken's Sanders, Matt Bolden, Shakeira Drake, family and friends, and the residents of the Jones, Tiffany Huffine, Sam Derheimer, Kevin Neal, Augusta Harshman, Stephanie Lindsay Fetro, Sarak Bricker. Barkley, Clara McCarley, Josh Summers, San Fernando Valley in recognizing the out- George McCue, Ryan McNeil, Bianca Mata, Meliss Krueger, Miracle Campbell, Tisha standing and invaluable service to the commu- Sarah Shepler, Jon Hayhurst, Nate Wong, Hill, Sabrina Kitsos. nity of Officer Ken Ericsson. Brandon Blacctner, Megan Bowton, John Chris LaPan, Doug Becker, Teresa f Byerly, Amy Callison, Dustin Carboni, Ryan Rittmeyer, Suraya Zaman, Stephany Jonas, Dickey, Carrie Dixon, Jamie Durmford, Terence Johnson, Zach Evans, Daniel DISASTER RELIEF—LITTLE ROCK, Mindy Graf, Scott Eldridge, Jill Freck, Heidi Rittmeyer, Josh Zaman, Nathan Yoder, AR Freudenstein, Heather Hansa, Candy Hilver. Crystal Chatman, Paul Curl, She Kilso, Mandy Holifield, Sheena Jackson, Twila Jason Griffin, Lamar Harvey, Cary Land, Joe Jones, Shannon Kelley, Danielle Kiplinger, Sauer, Noakem Zayyacheck, Glynnis Vann. HON. SAM JOHNSON Jill Koenig, Lashonda Lapsley, Scott OF TEXAS BISHOP LUERS HIGH SCHOOL Lankcnau, Rachel Lesser, Tiffany Huffine, IN THE HOUSE OF REPRESENTATIVES Zehra Mecuk, Sarah Milestone, Sarah FACULTY Tuesday, May 13, 1997 Jarosh, Mary Legler, Jena Banasiak, David Terry Winkeljohn, Amber Booker, Dominic Weeks, Bianca Mata, Nate Wong, Chris Farr, Freiburger, Wendy Breuggman, Cory Mr. SAM JOHNSON of Texas. Mr. Speaker, Andy Howard. Roffelsen. in the wake of the tornado disaster in Arkan- B.J. McKinley, Liz Niemic, Michelle Ping, Josh Richardson, Ben Ridgley, Kelly Rolf, STUDENTS sas, I would like to recognize the following 56 Anita Robertson, Ann Roth, Nathan Schaf- Vince Serrani, Mike Henz, Pete Hall, Betsy young men who gave of their personal money, fer, Major Shear, Rachel Shepler, Rebecca Quinn, Greg Witt, Angie Helmsing, Amanda time, and energy to assist with tornado relief. Smith, Aaron Smits, Michelle Stenger, Amy Bratmiller, Steve Turner, Emily Lomont, At the invitation of Gov. Mike Huckabee and Sturgis, Suzi Simerman, Violet Vanderver, Mayor Jim Dailey of Little Rock, AR, and their May 13, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E905 direction, they served in and around the city Today Wei languishes in a cell where he Mr. Freeh has urged Ms. Reno to seek the for a period of 4 weeks from March 3±28. spent the last years of his previous prison appointment of an independent counsel to 1997. During this time they assisted the may- term. His health is poor and the conditions are conduct the investigation into possibly cor- rupt fund-raising practices in President Clin- or's office and city Department of Code En- deplorable. He suffers from arthritis, high ton’s 1996 re-election drive. He cited the forcement in removal of trees from homes and blood pressure and heart disease, but his re- gravity and sprawling nature of the case, cleanup of house debris, while spreading quest for urgent medical attention have gone plus early evidence pointing to high-level goodwill, faith, hope, and charity wherever unfulfilled. White House involvement. In addition to of- they went. Their sacrifice, diligence, and thor- I applaud Wei's courage and strength to fering this wise counsel, the F.B.I. Director oughness conveyed a true sense of brotherly speak out in opposition to the tyranny of his has just shown his concern about the widen- love to the citizens of Little Rock. The experi- government. I appeal to the Government of ing campaign-finance inquiry by more than doubling the number of bureau employees as- ences these men received while serving will China to release this man, guilty only of be- signed to it. enrich their lives permanently, causing them to lieving in freedom and democracy. And I call Of course, Mr. Freeh’s agency faces its own become better citizens, and thus have a great- on the President of the United States to con- internal problems, and in advising the Attor- er impact in the world around them. tinue to press for the release of Wei ney General of the need for an independent counsel, he was only relaying what has been LISTING OF STUDENTS Jingsheng, and not to relent until he is free. f apparent for months now, and not just to Re- Joseph Armis (IN), Robert Armstrong publican partisans in Congress. Still, it is re- (WA), Jonathan Barber (GA), Adam Becker assuring to know that at least someone high (OH), Jonathan Bendickson (BC), Evan Bjorn THE ATTORNEY GENERAL SHOULD LISTEN TO FBI DIRECTOR FREEH up in the Justice Department understands (WA), Daniel Boyd (TX), Nathan Bultman the serious nature and sensitivity of the (MI), Alex Burrell (MI), Seth Campbell (ID), White House fund-raising mess, and the un- Shane Campbell (ID), Philip Codington (SC), HON. GERALD B.H. SOLOMON avoidable conflict of interest it has created Reuben Dozeman (MI), Brian Dye (CO), Jona- OF NEW YORK for Ms. Reno and the Justice Department. than Elam (IN), Jonathan Farney (KS), Ste- Less reassuring is Ms. Reno’s response. In ven Farrand (CO), Ron Fuhrman (MI), Gerald IN THE HOUSE OF REPRESENTATIVES defending her refusal to seek an independent Garcia (MI), and Ryan Gearhart (TX). Tuesday, May 13, 1997 counsel, she has expressed confidence in the Joel George (CO), Avione Heaps (MT), Bur- expertise and judgment of law enforcement ton Herring (MI), Marvin Heikkila (MN), Mr. SOLOMON. Mr. Speaker, the evidence professionals within the Justice Depart- William Hicks (CA), John Iliff (KS), Zachary and implications keep piling up around Presi- ment’s criminal division. These professionals Jaeger (IA), Caleb Kaspar (OR), Joshua dent Clinton's administration regarding fund- have argued against shifting the investiga- Knaak (AB), David Kress (AL), Stephen raising abuses which potentially led to tion from their control to an outside pros- Leckenby (IN), Andrew Leonhard (VA), Mat- breaches of national security and economic ecutor, based on a dubious reading of the thew Lindquist (CA), Brandon Lo Verde espionage. I know I have been heard many known evidence and the applicable cam- (NY), Andrew Lundberg (WA), Stephen paign-finance laws. Now it turns out that Lundberg (WA), David Mason (GA), John times in this section of the RECORD and during various congressional debates, but that is only Mr. Freeh, one of the nation’s highest-rank- Munsell (OH), Ryan Petersen (MN), and Tim- ing law enforcement officials, has been offer- othy Petersen (GA). because of the grave concern I have about ing precisely the opposite advice. Matthew Pierce (MS), Carl Popowich (CO), the depth of the potential foreign influence and Yesterday Ms. Reno tried to downplay the Daniel Powell (AL), Paul Southall (CA), infiltration into our Government. And I don't significance of this conflict within her de- Kevin Staples (AB), Joshua Syenhard (CA), doubt that there are many people of all politi- partment over the need for an independent Nathanael Swanson (NB), John Tanner (MI), cal persuasions who share my concerns counsel. But she has yet to give a convincing Beau Taylor (WI), Joshua Thomas (OR), Dan- based on these developments. explanation of why she has chosen to reject iel Thompson (CA), Seth Tiffner (WV), Roy Mr. Freeh’s counsel. Van Cleve (WA), Nathan Williams (KS), I feel I can say that Mr. Speaker because I Senator Orrin Hatch, a Republican and Joshua Wright (AR), and Jesse Young (AR). know that Director Freeh of the FBI has been chairman of the Judiciary Committee, who f investigating these very serious matters for sparred with Ms. Reno at a hearing last months and hopes to get to the roots of the week, said he was not surprised by Mr. ON WEI JINGSHENG scheme both here and abroad. Another rea- Freeh’s stance. ‘‘Who better than the F.B.I. son I feel we have reached a sort of critical Director could determine whether there are HON. JOSEPH P. KENNEDY II mass is because of the response of the media ‘grounds to investigate’ whether senior over the last 6 months or more who have White House officials were implicated in vio- OF MASSACHUSETTS lations of the law? ’’ Mr. Hatch asked by way IN THE HOUSE OF REPRESENTATIVES helped uncover and draw attention to the deal- of making a point that Ms. Reno must at ings of fellows like John Huang, Charlie Trie, Tuesday, May 13, 1997 long last grasp. and Johnny Chung within this administration, f Mr. KENNEDY of Massachusetts. Mr. the White House, and the Democratic National Speaker, in 1995 it took a Chinese court less Committee. Included is the New York Times ENHANCING THE CHESAPEAKE than 6 hours to convict Nobel Peace Prize who has repeatedly called for an independent BAY RESTORATION PROGRAM nominee Wei Jingsheng of conspiring to sub- counsel, almost as much as I have, to inves- vert the Government. He was sentenced to 14 tigate these matters. The bottom line is, we HON. BENJAMIN L. CARDIN years in prison. are dealing with what is turning out to be a OF MARYLAND Wei was first imprisoned from 1979±1993, sensitive investigation of our national security IN THE HOUSE OF REPRESENTATIVES and has spent most of this last 18 years in and economic security that may have been Tuesday, May 13, 1997 solitary confinement. Yet the only crime that compromised for political gain. We need to re- he has committed was standing up against tyr- move those politics and handle it with the seri- Mr. CARDIN. Mr. Speaker, today Rep- anny and calling for democracy in China. ousness of purpose it deserves and I hope the resentative WAYNE GILCHREST and I are join- Today marks the publication of Wei's President and his Attorney General, Janet ing in a unique, bipartisan partnership to pro- bookÐ``The Courage To Stand Alone: Letter Reno, would feel the same. And they don't mote the next stage of the Chesapeake Bay From Prison and Other Writings''Ðin which he have to listen to me, they can listen to Director restoration effort. Over the past 20 years the writes about his belief in democracy and Freeh and the following editorial from the New Federal Government has played a vital role in human rights. But despite international pres- York Times which I would like to submit to the coordinating and encouraging intergovern- sure and opposition, people in China continue RECORD. mental work to reverse declines in the bay to be detained and sentenced for standing up ecosystem. The bills Representative [From the New York Times, May 9, 1997] for their fundamental rights. GILCHREST and I are introducing today will The trial and sentencing of Wei Jingsheng is GOOD ADVICE FROM MR. FREEH build upon the success of this program as the a gross violation of the core ideals of democ- According to numerous news accounts, the preeminent national model for cooperative, re- racy and freedom. In April 1994 Wei dis- head of the Federal Bureau of Investigation, gional environmental restoration. Our joint ef- appeared in the Beijing bureaucracy. For 19 Louis Freeh, has given Attorney General fort speaks to the importance of both these Janet Reno some sound advice for carrying months he was not allowed to communicate out her duty in the White House fund-raising bills. with his family, with legal counsel, or with his scandals. Unfortunately, Ms. Reno still re- The Chesapeake Bay Restoration Act, H.R. colleagues. In December 1995 Wei had only a fuses to heed it, despite the mounting dam- 1578, which I introduced with Representative few days to prepare a trial and obtain a law- age to the Justice Department’s reputation GILCHREST as the lead cosponsor, reauthor- yer. and her own. izes Federal participation with State and local E906 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 1997 governments in implementing the Chesapeake Mr. Speaker, I ask unanimous consent that ‘‘(1) IN GENERAL.—In cooperation with the Bay agreement. the text of the Chesapeake Bay Restoration Chesapeake Executive Council (and as a member of the Council), the Administrator The bill: clarifies the leading role of the En- Act, H.R. 1578, be printed in the RECORD at shall continue the Chesapeake Bay Program. vironmental Protection Agency's Chesapeake this point. ‘‘(2) PROGRAM OFFICE.—The Administrator Bay Program Office in coordinating scientific H.R. 1578 shall maintain in the Environmental Protec- information, public outreach, and the activities Be it enacted by the Senate and House of Rep- tion Agency a Chesapeake Bay Program Of- and responsibilities of varying Federal agen- resentatives of the United States of America in fice. The Chesapeake Bay Program Office cies in the restoration; integrates ongoing Congress assembled, shall provide support to the Chesapeake Ex- habitat protection and enhancement, toxics re- ecutive Council by— SECTION 1. SHORT TITLE. ‘‘(A) implementing and coordinating duction and prevention, nutrient management This Act may be cited as the ‘‘Chesapeake science, research, modeling, support serv- and water quality control efforts in the water- Bay Restoration Act of 1997’’. ices, monitoring, data collection, and other shed with the overall bay program; establishes SEC. 2. FINDINGS AND PURPOSES. activities that support the Chesapeake Bay a program of small technical assistance and (a) FINDINGS.—Congress finds that— Program; watershed improvement grants to commu- (1) the Chesapeake Bay is a national treas- ‘‘(B) developing and making available, nities, local governments, nonprofit organiza- ure and a resource of worldwide significance; through publications, technical assistance, (2) in recent years, the productivity and tions, and individuals to assist in projects com- and other appropriate means, information water quality of the Chesapeake Bay and the pertaining to the environmental quality and plementing tributary basin strategies; assures tributaries of the Bay have been diminished living resources of the Chesapeake Bay; the participation and compliance of Federal by pollution, excessive sedimentation, shore- ‘‘(C) in cooperation with appropriate Fed- agencies owning or operating facilities in the line erosion, the impacts of population eral, State, and local authorities, assisting Chesapeake watershed with the bay program; growth and development in the Chesapeake the signatories to the Chesapeake Bay directs the EPA Administrator, working with Bay watershed, and other factors; Agreement in developing and implementing the other signatories to the bay agreement, to (3) the Federal Government (acting specific action plans to carry out the respon- through the Administrator of the Environ- sibilities of the signatories to the Chesa- regularly report to Congress on progress to- mental Protection Agency), the Governor of peake Bay Agreement; ward the goals established under the agree- the State of Maryland, the Governor of the ‘‘(D) coordinating the actions of the Envi- ment; and authorizes $30 million per year be- Commonwealth of Virginia, the Governor of ronmental Protection Agency with the ac- tween 1998 and 2003 for these purposes. the Commonwealth of Pennsylvania, the tions of the appropriate officials of other This legislation enhances and better coordi- Chairperson of the Chesapeake Bay Commis- Federal agencies and State and local au- nates the efforts of the Federal Government sion, and the Mayor of the District of Colum- thorities in developing strategies to— as a partner in the Chesapeake Bay restora- bia have committed as Chesapeake Bay ‘‘(i) improve the water quality and living Agreement signatories to a comprehensive resources of the Chesapeake Bay; and tion, while providing resources in line with cur- ‘‘(ii) obtain the support of the appropriate rent funding of the varying programs inte- and cooperative program to achieve im- proved water quality and improvements in officials of the agencies and authorities in grated under H.R. 1578. the productivity of living resources of the achieving the objectives of the Chesapeake Representative GILCHREST today introduced Bay; Bay Agreement; and legislation, the Chesapeake Bay Gateways (4) the cooperative program described in ‘‘(E) implementing outreach programs for public information, education, and participa- and Watertrails Act, H.R. 1579, that will com- paragraph (3) serves as a national and inter- tion to foster stewardship of the resources of plement the Restoration Act. I am joining him national model for the management of estu- the Chesapeake Bay. aries; and as the lead cosponsor of H.R. 1579. The ‘‘(c) INTERAGENCY AGREEMENTS.—The Ad- (5) there is a need to expand Federal sup- Gateways and Watertrails Act will improve ac- ministrator may enter into an interagency port for monitoring, management, and res- cess and knowledge of the ``Jewels of the agreement with a Federal agency to carry toration activities in the Chesapeake Bay out this section. Chesapeake'' to those in our region and Na- and the tributaries of the Bay in order to tion. The bill directs the Secretary of the Inte- ‘‘(d) TECHNICAL ASSISTANCE AND ASSIST- meet and further the original and subsequent ANCE GRANTS.— rior to identify key sites and waterways in the goals and commitments of the Chesapeake ‘‘(1) IN GENERAL.—In consultation with watershed, work to protect them, and link Bay Program. other members of the Chesapeake Executive them by roads, scenic byways, courses by (b) PURPOSES.—The purposes of this Act Council, the Administrator may provide water, and other means. It is an innovative are— technical assistance, and assistance grants, project that will further enhance the goals of (1) to expand and strengthen cooperative to nonprofit private organizations and indi- efforts to restore and protect the Chesapeake viduals, State and local governments, col- the bay program. Senator SARBANES, with Bay; and many of his colleagues from the region, has leges, universities, and interstate agencies to (2) to achieve the goals established in the carry out this section, subject to such terms introduced companion legislation to both the Chesapeake Bay Agreement. and conditions as the Administrator consid- bills Representative GILCHREST and I are intro- SEC. 3. CHESAPEAKE BAY. ers appropriate. ducing today. Section 117 of the Federal Water Pollution ‘‘(2) FEDERAL SHARE.— At a recent meeting of the Maryland con- Control Act (33 U.S.C. 1267) is amended to ‘‘(A) IN GENERAL.—Except as provided in gressional delegation held in the Capitol to re- read as follows: subparagraph (B), the Federal share of an as- view the Chesapeake Bay Program it was ‘‘CHESAPEAKE BAY sistance grant provided under paragraph (1) shall be determined by the Administrator in stated that the bay's restoration is not an ‘‘SEC. 117. (a) DEFINITIONS.—In this section: accordance with Environmental Protection ‘‘(1) CHESAPEAKE BAY AGREEMENT.—The event, but a process. The Chesapeake Bay is Agency guidance. term ‘Chesapeake Bay Agreement’ means the our Nation's largest estuary and the founda- ‘‘(B) SMALL WATERSHED GRANTS PROGRAM.— tion for the ecological and economic health of formal, voluntary agreements executed to The Federal share of an assistance grant pro- the mid-Atlantic region. Nearly 15 million peo- achieve the goal of restoring and protecting vided under paragraph (1) to carry out an im- the Chesapeake Bay ecosystem and the liv- plementing activity under subsection (g)(2) ple live within its six State watershed and ing resources of the ecosystem and signed by enjoy the many benefits of a healthy bay. shall not exceed 75 percent of eligible project the Chesapeake Executive Council. costs, as determined by the Administrator. Over the past two decades the overwhelming ‘‘(2) CHESAPEAKE BAY PROGRAM.—The term ‘‘(3) NON-FEDERAL SHARE.—An assistance majority of the citizens in our region have ‘Chesapeake Bay Program’ means the pro- grant under paragraph (1) shall be provided committed to restoring the Chesapeake with a gram directed by the Chesapeake Executive on the condition that non-Federal sources unanimity rarely found in public affairs. Council in accordance with the Chesapeake provide the remainder of eligible project Intergovernmental and private efforts to Bay Agreement. costs, as determined by the Administrator. save the bay over the past generation have ‘‘(3) CHESAPEAKE BAY WATERSHED.—The ‘‘(4) ADMINISTRATIVE COSTS.—Administra- term ‘Chesapeake Bay watershed’ shall have realized real successes in understanding and tive costs (including salaries, overhead, and the meaning determined by the Adminis- indirect costs for services provided and reversing declines in the Chesapeake eco- trator. charged against projects supported by funds system. But pressures on the bay continue to ‘‘(4) CHESAPEAKE EXECUTIVE COUNCIL.—The made available under this subsection) in- grow and for every victory, like the return of term ‘Chesapeake Executive Council’ means curred by a person described in paragraph (1) striped bass, there are many more challenges, the signatories to the Chesapeake Bay in carrying out a project under this sub- from the devastated oyster population to the Agreement. section during a fiscal year shall not exceed loss of wetlands. I ask my colleagues to join ‘‘(5) SIGNATORY JURISDICTION.—The term 10 percent of the grant made to the person ‘signatory jurisdiction’ means a jurisdiction under this subsection for the fiscal year. my distinguished friend from Maryland, WAYNE of a signatory to the Chesapeake Bay Agree- ‘‘(e) IMPLEMENTATION GRANTS.— GILCHREST, and I in building on the successes ment. ‘‘(1) IN GENERAL.—If a signatory jurisdic- of the bay program and taking on the new ‘‘(b) CONTINUATION OF CHESAPEAKE BAY tion has approved and committed to imple- challenges we face. PROGRAM.— ment all or substantially all aspects of the May 13, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E907 Chesapeake Bay Agreement, on the request ducing or eliminating the input of chemical home to more than 2,700 plant and animal of the chief executive of the jurisdiction, the contaminants from all controllable sources species and is the recreational destination of Administrator shall make a grant to the ju- to levels that result in no toxic or bio- millions of people. The Chesapeake Bay also risdiction for the purpose of implementing accumulative impact on the living resources plays a primary role in this region's economy. the management mechanisms established that inhabit the Bay or on human health; under the Chesapeake Bay Agreement, sub- and In Maryland alone, the estimated value of ject to such terms and conditions as the Ad- ‘‘(D) habitat restoration, protection, and commercial and recreational fishing, boating, ministrator considers appropriate. enhancement goals established by Chesa- hunting, and observing, feeding, and ‘‘(2) PROPOSALS.—A signatory jurisdiction peake Bay Agreement signatories for wet- photographing wildlife in the Chesapeake Bay described in paragraph (1) may apply for a lands, forest riparian zones, and other types is $2.6 billion a year. grant under this subsection for a fiscal year of habitat associated with the Chesapeake Draining into the Chesapeake are some by submitting to the Administrator a com- Bay and the tributaries of the Chesapeake 64,000 square miles; the bay's watershed cov- prehensive proposal to implement manage- Bay. ers most of Maryland, Virginia, and Pennsylva- ment mechanisms established under the ‘‘(2) SMALL WATERSHED GRANTS PROGRAM.— nia, parts of Delaware, New York and West Chesapeake Bay Agreement. The proposal The Administrator, in consultation with Virginia and all of the District of Columbia, and shall include— other members of the Chesapeake Executive ‘‘(A) a description of proposed management Council, may offer the technical assistance is home to over 15 million people. From the mechanisms that the jurisdiction commits and assistance grants authorized under sub- headwaters near Cooperstown, to the Appa- to take within a specified time period, such section (d) to local governments and non- lachians in southwest Virginia and the Del- as reducing or preventing pollution in the profit private organizations and individuals marva peninsula to the east of the bay, every- Chesapeake Bay and to meet applicable in the Chesapeake Bay watershed to imple- thing that affects the land, ultimately affects water quality standards; and ment— the bay. Every drop of rain, every ounce of ‘‘(B) the estimated cost of the actions pro- ‘‘(A) cooperative tributary basin strategies polluted runoff, every best management prac- posed to be taken during the fiscal year. that address the Chesapeake Bay’s water tice, every tree planted within those 64,000 ‘‘(3) APPROVAL.—If the Administrator finds quality and living resource needs; or square miles makes the bay what it is. that the proposal is consistent with the ‘‘(B) locally based protection and restora- Chesapeake Bay Agreement and the national tion programs or projects within a watershed It is the recognition of this connection that goals established under section 101(a), the that complement the tributary basin strate- makes the Chesapeake so special. Sadly, the Administrator may approve the proposal for gies. Chesapeake Bay had to fall victim to un- a fiscal year. ‘‘(h) STUDY OF CHESAPEAKE BAY PRO- checked pollution, degradation of water qual- ‘‘(4) FEDERAL SHARE.—The Federal share of GRAM.—Not later than January 1, 1999, and ity, loss of underwater vegetation, and diminu- an implementation grant provided under this each 3 years thereafter, the Administrator, tion of key fisheries before this connection be- subsection shall not exceed 50 percent of the in cooperation with other members of the tween land and estuary was really understood. costs of implementing the management Chesapeake Executive Council, shall com- Like many other water bodies in the United mechanisms during the fiscal year. plete a study and submit a comprehensive re- States, unchecked and unregulated activities ‘‘(5) NON-FEDERAL SHARE.—An implementa- port to Congress on the results of the study. tion grant under this subsection shall be The study and report shall, at a minimum— threatened wildlife habitat, commercially im- made on the condition that non-Federal ‘‘(1) assess the commitments and goals of portant fish species, and human health. In the sources provide the remainder of the costs of the management strategies established late 1970's the problems in the Chesapeake implementing the management mechanisms under the Chesapeake Bay Agreement and Bay estuary were brought to light and Con- during the fiscal year. the extent to which the commitments and gress rallied to provide Federal dollars and ‘‘(6) ADMINISTRATIVE COSTS.—Administra- goals are being met; structure to what became known as the tive costs (including salaries, overhead, and ‘‘(2) assess the priority needs required by Chesapeake Bay Program. indirect costs for services provided and the management strategies and the extent to Since 1983, when the first Chesapeake Bay charged against projects supported by funds which the priority needs are being met; Agreement was signed by the Governors of made available under this subsection) in- ‘‘(3) assess the effects of air pollution depo- curred by a signatory jurisdiction in carry- sition on water quality of the Chesapeake the States of Virginia, Maryland, and Penn- ing out a project under this subsection dur- Bay; sylvania, the Mayor of the District of Columbia, ing a fiscal year shall not exceed 10 percent ‘‘(4) assess the state of the Chesapeake Bay the Chesapeake Bay Commission, and the of the grant made to the jurisdiction under and its tributaries and related actions of the Administrator of the EPA, the Chesapeake this subsection for the fiscal year. Chesapeake Bay Program; Bay Program has been a Federal-State coop- ‘‘(f) COMPLIANCE OF FEDERAL FACILITIES.— ‘‘(5) make recommendations for the im- erative responsible for restoring and protecting ‘‘(1) SUBWATERSHED PLANNING AND RESTORA- proved management of the Chesapeake Bay the bay. It has become the national model for TION.—A Federal agency that owns or oper- Program; and ates a facility (as defined by the Adminis- ‘‘(6) provide the report in a format trans- interstate and intrastate cooperative efforts trator) within the Chesapeake Bay water- ferable to and usable by other watershed res- when a resource of regional and national sig- shed shall participate in regional and sub- toration programs. nificance is shared, as is the Chesapeake watershed planning and restoration pro- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— Bay. grams. There is authorized to be appropriated to The two bills we introduce today are a testi- ‘‘(2) COMPLIANCE WITH AGREEMENT.—The carry out this section $30,000,000 for each of mony to that initial recognition of the bay's head of each Federal agency that owns or oc- fiscal years 1998 through 2003.’’. unique value, the link between land and water cupies real property in the Chesapeake Bay f and the need for additional education and out- watershed shall ensure that the property, reach to continue the conservation, restoration and actions taken by the agency with re- INTRODUCTION OF THE CHESA- spect to the property, comply with the and appreciation for the natural, cultural, his- PEAKE BAY RESTORATION ACT torical, economical and recreational resources Chesapeake Bay Agreement. OF 1997 AND THE CHESAPEAKE ‘‘(g) CHESAPEAKE BAY WATERSHED, TRIBU- that the Chesapeake Bay provides this region. TARY, AND RIVER BASIN PROGRAM.— BAY GATEWAYS AND The first bill we are introducing today, the ‘‘(1) NUTRIENT AND WATER QUALITY MANAGE- WATERTRAILS ACT OF 1997 Chesapeake Bay Restoration Act of 1997, is MENT STRATEGIES.—Not later than 1 year designed to build upon the Federal role in the after the date of enactment of this sub- HON. WAYNE T. GILCHREST Chesapeake Bay restoration efforts by main- section, the Administrator, in consultation OF MARYLAND taining the EPA Bay Program Office and high- with other members of the Chesapeake Exec- lighting the important technical and financial utive Council, shall ensure that management IN THE HOUSE OF REPRESENTATIVES assistance, research and monitoring and edu- plans are developed and implementation is Tuesday, May 13, 1997 begun by signatories to the Chesapeake Bay cational and outreach programs the office fos- Agreement for the tributaries of the Chesa- Mr. GILCHREST. Mr. Speaker, today, I am ters. The bill specifically establishes a small peake Bay to achieve and maintain— pleased to introduce, with my distinguished watershed grants program to provide Federal ‘‘(A) the nutrient goals of the Chesapeake colleague from my home State of Maryland, assistance to local governments and nonprofit Bay Agreement for the quantity of nitrogen Mr. CARDIN, two bills to continue the protec- organizations within the watershed for locally and phosphorus entering the main stem tion, restoration, and public access and edu- significant restoration, protection and edu- Chesapeake Bay; cation efforts in the Chesapeake Bay water- cation initiatives. ‘‘(B) the water quality requirements nec- essary to restore living resources in both the shed. The second bill we are introducing today, tributaries and the main stem of the Chesa- Our Nation's largest and most productive the Chesapeake Bay Gateways and peake Bay; estuary, the Chesapeake Bay, is almost 200 Watertrails Act of 1997, would further the con- ‘‘(C) the Chesapeake Bay basinwide toxics miles long and is fed by 48 major rivers and nection of natural, historic, cultural and rec- reduction and prevention strategy goal of re- hundreds of smaller rivers and streams. It is reational resources to create an innovative E908 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 1997 Chesapeake Bay gateways and watertrails work’’ means the network of Chesapeake (b) COMPONENTS.—Components of the network throughout the bay and its tributaries. Bay Gateways sites and Chesapeake Bay Chesapeake Bay Gateways and Watertrails This bill directs the Secretary of the Interior to Watertrails created under section 5(a)(5). Network may include— (3) CHESAPEAKE BAY WATERSHED.—The term (1) State or Federal parks or refuges; identify and protect resources throughout the ‘‘Chesapeake Bay Watershed’’ shall have the (2) historic seaports; watershed, to identify these individual sites as meaning determined by the Secretary. (3) archaeological, cultural, historical, or Chesapeake Bay gateways, and to link them (4) CHESAPEAKE BAY WATERTRAILS.—The recreational sites; or with trails, tour roads, scenic byways and term ‘‘Chesapeake Bay Watertrails’’ means (4) other public access and interpretive other sites. It also directs the Secretary to es- the Chesapeake Bay Watertrails established sites as selected by the Secretary. tablish important water routes as Chesapeake under section 5(a)(4). SEC. 6. CHESAPEAKE BAY GATEWAYS GRANTS AS- (5) SECRETARY.—The term ‘‘Secretary’’ SISTANCE PROGRAM. Bay watertrails, and connect these watertrails means the Secretary of the Interior (acting with gateways sites and other land resources (a) IN GENERAL.—The Secretary shall es- through the Director of the National Park tablish a Chesapeake Bay Gateways Grants to create a Chesapeake Bay gateways and Service). Assistance Program to aid State and local watertrails network. This bill encourages the SEC. 3. FINDINGS. governments, local communities, nonprofit affiliation among all of these sites in an effort Congress finds that— organizations, and the private sector in con- to improve overall access to the bay and its (1) the Chesapeake Bay is a national treas- serving, restoring, and interpreting impor- resources, as well as provide opportunities for ure and a resource of international signifi- tant historic, cultural, recreational, and nat- education of visitors and residents alike. cance; ural resources within the Chesapeake Bay (2) the region within the Chesapeake Bay Watershed. A similar effort is already underway in Mary- watershed possesses outstanding natural, (b) CRITERIA.—The Secretary shall develop land, where our Department of Natural Re- cultural, historical, and recreational re- sources has been working on a program to appropriate eligibility, prioritization, and sources that combine to form nationally dis- review criteria for grants under this section. tinctive and linked waterway and terrestrial feature the connections among a variety of (c) MATCHING FUNDS AND ADMINISTRATIVE landscapes; protected lands, parks, and other special natu- EXPENSES.—A grant under this section— (3) there is a need to study and interpret ral areas. This bay link system, as it is called, (1) shall not exceed 50 percent of eligible the connection between the unique cultural seeks to highlight each site's role in maintain- project costs; heritage of human settlements throughout ing the integrity of the Chesapeake Bay eco- (2) shall be made on the condition that the Chesapeake Bay Watershed and the wa- non-Federal sources, including in-kind con- system while providing a unique recreational terways and other natural resources that led opportunity. The collection of sites also acts to tributions of services or materials, provide to the settlements and on which the settle- the remainder of eligible project costs; and educate visitors as to the regional significance ments depend; and (3) shall be made on the condition that not (4) as a formal partner in the Chesapeake of the site by providing historical and ecologi- more than 10 percent of all eligible project Bay Program, the Secretary has an impor- cal information. Such information will eventu- costs be used for administrative expenses. tant responsibility— ally be provided to virtual visitors who visit the (A) to further assist regional, State, and SEC. 7. AUTHORIZATION OF APPROPRIATIONS. bay via the Internet as well. local partners in efforts to increase public There are authorized to be appropriated to Many residents of the watershed are familiar awareness of and access to the Chesapeake carry out this Act $3,000,000 for each fiscal only with specific sites; many visitors to the Bay; year. bay are exposed only to particular areas. The (B) to help communities and private land- f Chesapeake Bay Gateways and Watertrails owners conserve important regional re- Act of 1997 would promote the creation of a sources; and A TRIBUTE TO WILLIAM JENSEN (C) to study, interpret, and link the re- network of important sites across the entire gional resources with each other and with watershed and provide residents and visitors Chesapeake Bay Watershed conservation, HON. BRAD SHERMAN alike the opportunity to recognize the connec- restoration, and education efforts. OF CALIFORNIA tions between different parts of the watershed. SEC. 4. PURPOSES. IN THE HOUSE OF REPRESENTATIVES It would provide financial and technical assist- The purposes of this Act are— Tuesday, May 13, 1997 ance for the conservation of important areas in (1) to identify opportunities for increased the bay's watershed and promote linkages public access to and education about the Mr. SHERMAN. Mr. Speaker, I rise today to among national parks, waterways, local or re- Chesapeake Bay; recognize a truly remarkable individual, Fire- (2) to provide financial and technical as- fighter William Jensen. This week William's gional heritage sites, wildlife refuges and other sistance to communities for conserving im- regionally or locally significant areas in the wa- portant natural, cultural, historical, and rec- years of dedication and service to his commu- tershed. While encouraging visitors to experi- reational resources within the Chesapeake nity are being recognized by the Valley Com- ence the history and beauty of the bay, the Bay Watershed; and munity Legal Foundation as he is being pre- gateways and watertrails network would also (3) to link appropriate national parks, wa- sented with the outstanding performance enhance public education, outreach and ac- terways, monuments, parkways, wildlife ref- award from the Los Angeles County Fire De- uges, other national historic sites, and re- partment. cess around the bay and its tributaries. gional or local heritage areas into a network Mr. Speaker, I welcome this opportunity to Bill joined the city of Glendale fire depart- of Chesapeake Bay Gateways sites and ment in 1969. In his years in the department let everyone know just how special the Chesa- Chesapeake Bay Watertrails. peake Bay is to Marylanders and everyone in SEC. 5. CHESAPEAKE BAY GATEWAYS AND he has consistently brought an upbeat hard- our region. I am pleased to be introducing WATERTRAILS NETWORK. working attitude to his work. When off duty Bill these two bills to further coordinate efforts to (a) IN GENERAL.—The Secretary shall pro- enjoys spending time with his wife, children, protect and conserve the treasures of the vide technical and financial assistance, in and grandchildren. He also volunteers in the Chesapeake Bay and her watershed. I ask cooperation with other Federal agencies, community by maintaining the trees, shrubs, State and local governments, nonprofit orga- and yards for his older retired neighbors and unanimous consent that the text of H.R. 1579, nizations, and the private sector— the Chesapeake Bay Gateways and (1) to identify, conserve, restore, and inter- friends. Nearing his own retirement Bill was Watertrails Act, be printed in the RECORD at pret natural, recreational, historical, and looking forward to 1998 and spending more this point. cultural resources within the Chesapeake time with his family and friends when he was H.R. 1579 Bay Watershed; called to fight the Malibu-Calabasas fire. (2) to identify and utilize the collective re- The date was October 22, 1996. Bill was in Be it enacted by the Senate and House of sources as Chesapeake Bay Gateways sites Representatives of the United States of America Corral Canyon fighting the brush fire when he for enhancing public education of and access became trapped in a firestorm. He was caught in Congress assembled, to the Chesapeake Bay; SECTION 1. SHORT TITLE. (3) to link the Chesapeake Bay Gateways by a sudden wind shift and engulfed by the This Act may be cited as the ‘‘Chesapeake sites with trails, tour roads, scenic byways, flames. He was rushed to a local hospital Bay Gateways and Watertrails Act of 1997’’. and other connections as determined by the where surgeons doubted that he would survive SEC. 2. DEFINITIONS. Secretary; the second and third degree burns that cov- In this Act: (4) to develop and establish Chesapeake ered over 70 percent of his body. However, (1) CHESAPEAKE BAY GATEWAYS SITES.—The Bay Watertrails comprising water routes and Bill is not only a firefighter but a fighter as term ‘‘Chesapeake Bay Gateways sites’’ connections to Chesapeake Bay Gateways well. After enduring numerous surgeries and means the Chesapeake Bay Gateways sites sites and other land resources within the 1 identified under section 5(a)(2). Chesapeake Bay Watershed; and blood transfusions in his 3 ¤2 months in the (2) CHESAPEAKE BAY GATEWAYS AND (5) to create a network of Chesapeake Bay hospital, he was finally able to return home. WATERTRAILS NETWORK.—The term ‘‘Chesa- Gateways sites and Chesapeake Bay Bill's incredible recovery did not come as a peake Bay Gateways and Watertrails Net- Watertrails. surprise to many of his coworkers, as one May 13, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E909 said, ``If anyone could survive something like The article, ``Plans to Strip CNMI of its If Miller, who is the senior-ranking Demo- this, it would be Bill.'' On February 2 Bill re- Labor, Immigration Authority Not Surprising,'' crat on the House Resources Committee, turned home to celebrate his birthday with his supports legislation I recently introduced with gets the support he needs, this may be the nearly 40 of our colleagues to bring immigra- end of the line for unchecked control of im- family, friends, and a community that has ral- migration and labor in the Northern Mari- lied around him. His story is remarkable and tion and minimum wage policies in the CNMI anas. should serve as an inspiration to us all. under Federal jurisdiction. H.R. 1450 also If even a fraction of the numerous allega- Bill's heroism was recently recognized by would require that goods made in the CNMI tions of tolerance for illegal and immoral re- the Glendale Fire Department as they honored be labeled ``Made in USA'' only if all U.S. cruiting practices, human rights abuses and him with the medal of valor. This week he is labor laws were adhered to in the manufacture uncontrolled immigration are true, the being recognized with the outstanding per- of the goods. CNMI deserves to be censured. formance award from the Los Angeles County Contrary to promises by the CNMI govern- There must be competitive balance for Fire Department. Truly these accolades are ment to crack down on continuing labor and states and territories that comply with fed- human rights abuses, the government has ac- eral rules. And it’s not right that foreign long overdue to a man who has been a model workers are treated so shabbily while some- civil servant, community volunteer, and family tually rolled back worker protections. Just last one else profits. man for many years. I am proud to salute Bill week, the CNMI governor announced that he If the CNMI government and businesses and his service to our community. will seek to repeal current law that would have that indulge in this practice want to benefit f provided a 15-cent increase in the existing from America’s reputation, then they need subminimum wage for the garment and con- to subscribe to the principles that founded HUMANITARIAN AID—MOSCOW, struction industryÐan increase that would at this nation. RUSSIA least have brought the wages of these work- Otherwise, sew a label on every garment ers into conformity with other industries. The that says: ‘‘Made in the CNMI by Low Paid HON. SAM JOHNSON lowest paid workers in America, these foreign Alien Workers.’’ OF TEXAS laborersÐand especially the womenÐwork f IN THE HOUSE OF REPRESENTATIVES long hours, are often denied overtime wages, RHAWNHURST-BUSTLETON AMBU- Tuesday, May 13, 1997 live and work in unsanitary and unhealthy con- ditions, and face physical and mental abuse LANCE ASSOCIATION, INC., 35 Mr. SAM JOHNSON of Texas. Mr. Speaker, from employers. YEARS OF SERVICE in a day and age where responsibility is The editorial strongly states ``If even a frac- shirked and leisure is honored over discipline, tion of the numerous allegations of tolerance HON. ROBERT A. BORSKI I would like to commend to you 14 young men for illegal and immoral recruiting practices, who have shouldered responsibility beyond OF PENNSYLVANIA human rights abuses and uncontrolled immi- IN THE HOUSE OF REPRESENTATIVES their years. These men served as Ambas- gration are true, the CNMI deserves to be Tuesday, May 13, 1997 sadors of good will and friendship to the city censured.'' Based on information contained in of Moscow, Russia, under the direct invitation a report recently released by the Resources Mr. BORSKI. Mr. Speaker, I rise today in and authority of the Moscow Department of Committee, Economic Miracle or Economic honor of the Rhawnhurst-Bustleton Ambulance Education, between July 19 and September 3, Mirage, this threshold is easily met. Association. For over 35 years, the volunteers 1996, as a part of Operation Flexibility 96±2. The Pacific Daily News editorial articulates of the Ambulance Association have been un- During this time they were involved in commu- the concerns of many Members of Congress, selfishly dedicated to helping their friends and nity assistance, demolition, construction, ren- religious and human rights organizations, labor neighbors in need. ovation projects, and meeting the basic needs unions, and U.S. citizens, when it notes that if The members of the Ambulance Association of those around them. Their work and influ- the CNMI government and local businesses exemplify volunteerism. They give of them- ence has not gone unnoticed by the Russian ``want to benefit from America's reputation, selves without compensation, and often put authorities, and indeed, the rest of the world, then they need to subscribe to the principles themselves at risk. Regardless of weather or as they have been acclaimed and invited to that founded this nation.'' hour of the day, volunteers transport members several States and nations to continue the The article follows: of the community to and from hospitals. same tradition of service. The lessons and [From the Pacific Daily News, Apr. 25, 1997] The contributions that the Rhawnburst- character that they are developing though their PLANS TO STRIP CNMI OF ITS LABOR, Bustleton Ambulance Association makes to constant ministry, has and will continue to af- IMMIGRATION AUTHORITY NOT SURPRISING the neighborhood are vital and indispensable. fect the lives of those they serve and meet in If U.S. Congressman George Miller has his In the case of an emergency, this group of a positive manner. way, the Commonwealth of the Northern people can be counted on to aide those in dis- Seth Campbell (ID), Andrew Cope (SC), Marianas will be stripped of its power to con- tress and need of care. Paul Elliott (WY), Ryan Gearhart (OK), Robert trol immigration, set its own labor standards The volunteers of this community driven or- Myer (FL), Timothy Rogers (NY), David or sell goods with the label ‘‘Made in the ganization should be honored and congratu- Servideo (VA), Adam Shelley (MO), Michael USA.’’ That announcement should not come as a lated on 35 years of service to their fellow citi- Shoemaker (IN), Scott Westendorf (OR), Brian zens. I applaud them for the contributions they Wicker (AZ), Matthew Yordy (IN), Joshua surprise, because U.S. lawmakers and federal officials who have oversight of the common- have made, and for the people they have Meals (TN), Joshua Tanner (MI). wealth’s affairs have threatened to do that helped. I wish them continued success in the f for several years because of continued re- future. ports of abuse of these powers. f SUPPORT FOR ENDING ABUSE OF Besides curtailing CNMI immigration and HUMAN RIGHTS IN CNMI labor powers, Miller has written legislation WIC that will force the Saipan government to in- HON. GEORGE MILLER crease its minimum wage—something that OF CALIFORNIA Northern Marianas leaders have been reluc- HON. RUBEN HINOJOSA tant to enact. OF TEXAS IN THE HOUSE OF REPRESENTATIVES For years the commonwealth has been the Tuesday, May 13, 1997 subject of numerous investigations and IN THE HOUSE OF REPRESENTATIVES Mr. MILLER of California. Mr. Speaker, one scathing criticism about indiscriminately Tuesday, May 13, 1997 importing thousands of alien workers to fill of the major newspapers of the Pacific region low-paying jobs—frequently described as Mr. HINOJOSA. Mr. Speaker, I rise today to has added its highly influential support to ef- sweat shops. talk about the Women, Infants, and Children forts to end the well-documented pattern of Even with repeated promises from CNMI [WIC] Nutrition Program. First, I want to say systematic human rights and labor abuses in leaders to comply with federal demands to this is a program I wholeheartedly support. the U.S. Commonwealth of the Northern Mari- clamp down on admitted abuses, Miller isn’t Second, I want to say I support it because it ana Islands [CNMI]. I would like to bring to the buying that anymore. is very important to the health of this Nation, Along with his bill, Miller will release a 21- attention of my colleagues this editorial from page report that details ‘‘systematic labor, and specifically to the health of the 15th Con- the April 25, 1997, Pacific Daily News, a human rights and immigration abuses in the gressional District, which I represent. I mean newspaper based in Guam with widespread Commonwealth of the Northern Marianas this literally. circulation both in the Pacific and the United and attempts to shield these abuses from You see, the WIC Nutrition Program is prob- States. public scrutiny.’’ ably the single most successful of all Federal E910 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 1997 social programs. It has a proven track record leadership, and its current commander, Gen. this problem and will discuss their finding with of helping women deliver more healthy babies. Randy Rigby, is no exception. General Rigby each of us. I listened carefully to both Marlena Women in WIC are more likely to receive pre- came to Fort Sill as commander in June of Plummer from El Camino High School and natal care. It has proven to lower the medical 1995, 25 years after his first official arrival at Anne Carriker from Carlsbad High School. I expenses of pregnant women. In fact, the the fort as a second lieutenant and student in urge you to place close attention to the high Government Accounting Office estimates that the field artillery officer basic course. Even school students visiting your offices. every dollar spent on WIC saves $3.50 in So- then, however, he was no stranger to Fort Sill I applaud these young people for their dedi- cial Security and Medicaid benefits. Addition- since General Rigby is a native of neighboring cation and commitment. I look forward to the ally, and perhaps most importantly, WIC has Lawton, OK. In fact, General Rigby did his un- day when the headlines about young people been linked to improved cognitive develop- dergraduate schooling in Oklahoma. He then are punctuated with their accomplishments ment among children. went on to build a distinguished record of mili- rather than their tragedies. In my district alone, a total of 60,115 tary service that represents the absolute finest women, infants, and children benefit from this of that which we respect in our military's lead- f nutrition program each month. This includes ership. TRIBUTE TO DANNY MASTRO 12,641 infants, 34,293 children under the age Fort Sill has been blessed by General of five, 6,231 pregnant women, and 6,850 Rigby's strong and inspiring leadership. His postpartum/breast-feeding women. These dedication to the highest standards have re- HON. BRAD SHERMAN numbers speak for themselves and tell why it verberated through every corner of this impor- OF CALIFORNIA is WIC is so important to so many in south tant military facility. IN THE HOUSE OF REPRESENTATIVES Texas. Regretfully, in the Army, the time always Tuesday, May 13, 1997 There are those who believe that the WIC comes when it's time to move on, and the Program is adequately funded. I, however, am Army has found a new and challenging posi- Mr. SHERMAN. Mr. Speaker, I rise today to not one of those and must take issue. WIC tion for General Rigby in Washington, DC. The honor Sergeant Danny Mastro. It is a privilege needs to be better funded, and should receive Lawton/Fort Sill community will sorely miss to recognize someone like Sergeant Mastro full supplemental funding at the administra- Randy and his remarkable wife Carol who who has consistently served the area while tion's $78 million request. have been such extraordinary good neighbors wearing his Los Angeles Police Department Our Nation cannot afford to ignore the in both the personal and the professional uniform as well as a volunteer in the commu- health and well being of our women, children sense. nity. and infants. Reducing nutrition programs I would like to take this opportunity to wish Sergeant Mastro's enthusiasm and leader- geared toward the most vulnerable of our citi- Randy and Carol the very best for continued ship have served as a catalyst to his col- zens is not the answer to reducing the budget good success as they move on to their new leagues on the force, as they have joined him deficit. assignment in the Nation's Capitol. in his many community efforts. When those While I am new to these halls, one subject f closest to Danny are asked what drives him I hear discussed regularly is health care. WIC, the reply is simple: He cares about his com- in my eyes, is one of the best health care pro- MOTHERS AGAINST DRUNK munity, especially its children. grams in place today, and as such, it is an DRIVING YOUTH SUMMIT In 1992, Sergeant Mastro created an outstanding investment in our Nation's future. antigang, antidrug billboard campaign directed By supporting this we are supporting better HON. RON PACKARD at the youth of our community. Danny took health for our Nation's children. This must al- OF CALIFORNIA this innovative idea and made it a reality. He ways be among our foremost priorities here in IN THE HOUSE OF REPRESENTATIVES raised several thousand dollars in donations to pay for printing costs and was able to get local Congress. Tuesday, May 13, 1997 f companies to donate over 100 billboards. The Mr. PACKARD. Mr. Speaker, all too often billboards pictured Sergeant Mastro with a RECOGNITION OF GEN. RANDALL the headlines we read about young people local hockey and football star and the slogan RIGBY today are punctuated with tragedy and vio- ``Who Is Your Role Model Going to Be?'' It is lence. Today, however, I have a positive story my sincere hope that the children of Los An- HON. J.C. WATTS, JR. to tell about young people from every congres- geles will follow Danny's lead and choose OF OKLAHOMA sional district who are here today to make a people like him as their role models. IN THE HOUSE OF REPRESENTATIVES difference. Danny has played a vital role in numerous Today, 435 kids from across the Nation will volunteer activities and community develop- Tuesday, May 13, 1997 be visiting each and every one of us to talk ment programs. As part of an antigang unit, Mr. WATTS of Oklahoma. Mr. Speaker, it is about what they are doing to stop underage he counseled at-risk youths teaching them to my distinct privilege to represent Fort Sill, OK, drinking and driving. In California, where I am focus their energy away from violence toward in the U.S. Congress. Since 1902, tens of from, drinking related accidents accounted for more productive and meaningful activities. He thousands of U.S. Army personnel have more than 40 percent of traffic fatalities during has galvanized support within the LAPD for trained and have raised their families at Fort 1995. several fund raising drives. He has also volun- Sill and the neighboring city of Lawton, and You might be surprised to learn that eight teered extensively in the Special Olympics, the many of these same men and women have young people a day die in alcohol-related Boy Scouts, and the local Head-Start Pro- retired near the post and built a community of crashes. Many of us read and hear about the gram. Indeed, the Sergeant has freely given of families, businesses, and friends. In the Army kids addicted to crack cocaine, heroin, and himself to his community. and in Oklahoma, we are very proud of Fort marijuana, but the No. 1 drug among young Danny's presence in the community and on Sill and its contributions to Oklahoma and to people is alcohol and it kills. the force is a sure indicator that the strong ties the Nation. However, the young people visiting our of- will continue to be forged between the people We are also proud of the fact that Fort Sill fices today are working to change that. Over of Los Angeles and the LAPD. I salute him for has always been blessed with outstanding the weekend they met to discuss solutions to his efforts. Tuesday, May 13, 1997 Daily Digest

Highlights The House passed H.R. 5, to amend the Individuals With Disabilities Education Act and to reauthorize and make improvements to that Act. Senate Gorton Amendment No. 243, to permit State and Chamber Action local educational agencies to establish uniform dis- Routine Proceedings, pages S4327–S4400 ciplinary policies. Pages S4355±68 Measures Introduced: Two bills were introduced, Smith Amendment No. 245, to require a court in as follows: S. 736 and 737. Page S4393 making an award under the Individuals with Dis- abilities Education Act to take into consideration the Family Friendly Workplace Act: Senate began impact the granting of the award would have on the consideration of S. 4, to amend the Fair Labor Stand- education of all children of State educational agen- ards Act of 1938 to provide to private sector em- cies and local educational agencies. Pages S4368±71 ployees the same opportunities for time-and-a-half A unanimous-consent agreement was reached pro- compensatory time off, biweekly work programs, and viding for further consideration of the bill and flexible credit hour programs as Federal employees amendments proposed thereto, on Wednesday, May currently enjoy to help balance the demands and 14, 1997, with final disposition to occur thereon. need of work and family, to clarify the provisions re- Page S4400 lating to exemptions of certain professionals from the Partial-Birth Abortion Ban Act—Agreement: A minimum wage and overtime requirements of the unanimous-consent agreement was reached providing Fair Labor Standards Act of 1938, with a committee for the consideration of H.R. 1122, to amend title amendment, as modified. Pages S4327±54 18, United States Code, to ban partial-birth abor- During consideration of this measure today, Senate tions, on Wednesday, May 14, 1997. Page S4382 also took the following action: Appointments: A motion was entered to close further debate on the modified committee amendment and, in accord- Advisory Committee on the Records of Congress: ance with the provisions of Rule XXII of the Stand- The Chair announced, on behalf of the Democratic ing Rules of the Senate, a vote on the cloture motion Leader, pursuant to Public Law 101–509, his re- will occur on Thursday, May 15, 1997. Page S4350 appointment of John C. Waugh, of Texas, to the Advisory Committee on the Records of Congress. Individuals With Disabilities Education Act: Sen- Page S4400 ate continued consideration of S. 717, to amend the Individuals With Disabilities Education Act, to re- Advisory Committee on the Records of Congress: authorize and make improvements to that Act, tak- The Chair announced, on behalf of the Majority ing action on amendments proposed thereto, as fol- Leader, pursuant to Public Law 101–509, his ap- pointment of C. John Sobotka, of Mississippi, to the lows: Pages S4354±57 Advisory Committee on the Records of Congress. Adopted: Page S4400 Jeffords Amendment No. 242, to make technical corrections. Page S4355 Messages From the President: Senate received the Pending: following messages from the President of the United Gregg Amendment No. 241, to modify the provi- States: sion relating to the authorization of appropriations Transmitting a report concerning the national emergency with respect to Iran; referred to the Com- for special education and related services to authorize mittee on Banking, Housing, and Urban Affairs. specific amounts or appropriations. Pages S4354±76 (PM–34). Pages S4391±92 D469 D470 CONGRESSIONAL RECORD — DAILY DIGEST May 13, 1997

Messages From the President: Pages S4391±92 Cuomo, Secretary of Housing and Urban Develop- Messages From the House: Page S4392 ment. Measures Referred: Page S4392 AIRLINE COMPETITION Communications: Pages S4392±93 Committee on Commerce, Science, and Transportation: Sub- Statements on Introduced Bills: Pages S4393±95 committee on Aviation held hearings to examine is- Additional Cosponsors: Pages S4395±96 sues with regard to maintaining competition in United States domestic airline service, focusing on Amendments Submitted: Pages S4396±98 how barriers to entry in the airline industry limit Notices of Hearings: Page S4398 benefits of airline deregulation, receiving testimony Authority for Committees: Pages S4398±99 from Charles A. Hunnicutt, Assistant Secretary, and Patrick Murphy, Deputy Assistant Secretary, both Additional Statements: Pages S4399±S4400 for Aviation and International Affairs, Department of Adjournment: Senate convened at 10 a.m., and ad- Transportation; John H. Anderson, Jr., Director, and journed at 7:18 p.m., until 9:15 a.m., on Wednes- Tim Hennigan, Assistant Director, both of the day, May 14, 1997. (For Senate’s program, see the Transportation Issues, Resources, Community, and remarks of the Acting Majority Leader in today’s Economic Development Division, General Account- Record on page S4400.) ing Office; John A. Edwardson, United Airlines, Elk Grove Village, Illinois; William A. Franke, America Committee Meetings West Holdings Corporation, Phoenix, Arizona; Paul Stephen Dempsey, University of Denver, Denver, (Committees not listed did not meet) Colorado, on behalf of Frontier Airlines, Inc. and the COUNTERTERRORISM Air Carrier Association of America; Duane Woerth, Air Line Pilots Association, International, Washing- Committee on Appropriations: Committee concluded ton, D.C.; and H. Hugh Davis, Jr., and William H. hearings in open and closed sessions to examine the Administration’s counterterrorism policy, the threat Tittle, III, both of the Metropolitan Chattanooga of terrorism in the United States, and Federal efforts Airport Authority, Chattanooga, Tennessee. to prevent and combat terrorism in the United Hearings were recessed subject to call. States, after receiving testimony from Janet Reno, Attorney General, and Louis J. Freeh, Director, Fed- ENERGY CONSERVATION eral Bureau of Investigation, both of the Department Committee on Energy and Natural Resources: Committee of Justice; and George J. Tenet, Acting Director, concluded hearings on S. 417, to extend energy con- Central Intelligence Agency. servation programs under the Energy Policy and APPROPRIATIONS—DEFENSE Conservation Act through September 30, 2002, S. 416, to extend the expiration dates of existing au- Committee on Appropriations: Subcommittee on Defense thorities and enhance United States participation in held hearings on proposed budget estimates for fiscal the energy emergency program of the International year 1998 for the Department of Defense, focusing Energy Agency, S. 186, to amend the Energy Policy on environmental programs, receiving testimony and Conservation Act with respect to purchases from from Robert M. Walker, Assistant Secretary of the the Strategic Petroleum Reserve by entities in the Army (Installations, Logistics and Environment); insular areas of the United States, and S. 698, to au- Robert Pirie, Jr., Assistant Secretary of the Navy (In- thorize the Secretary of Energy, by lease or other- stallations and Environment); and Rodney A. Cole- man, Assistant Secretary of the Air Force (Man- wise, to store in underutilized Strategic Petroleum power, Reserve Affairs, Installations and Environ- Reserve facilities petroleum products owned by for- ment). eign governments or their representatives, after re- Subcommittee will meet again on Wednesday, ceiving testimony from Federico Pen˜a, Secretary of May 21. Energy; John P. Ferriter, Deputy Executive Director, International Energy Agency; William F. Martin, APPROPRIATIONS—HUD Washington Policy and Analysis, Inc., Washington, Committee on Appropriations: Subcommittee on VA, D.C., former Deputy Secretary of Energy; Kenneth HUD, and Independent Agencies concluded hearings W. Haley, Chevron Corporation, San Francisco, Cali- on proposed budget estimates for fiscal year 1998 for fornia; and George M. Yates, Harvey E. Yates Com- the Department of Housing and Urban Develop- pany, Roswell, New Mexico, on behalf of the Inde- ment, after receiving testimony from Andrew M. pendent Petroleum Association of America. May 13, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D471 TIBET piling and Use of Chemical Weapons and on Their Committee on Foreign Relations: Committee concluded Destruction, known as ‘‘the Chemical Weapons Con- hearings to examine the situation in Tibet and the vention’’ and opened for signature and signed by the impact of China’s occupation policies on the people United States on January 13, 1993 (Treaty Doc. of Tibet, after receiving testimony from former Sen- 103–21), and a related measure S. 610, after receiv- ator Pell; Jeffrey A. Bader, Deputy Assistant Sec- ing testimony from Richard L. Shiffrin, Deputy As- retary of State for East Asian and Pacific Affairs; sistant Attorney General, Office of Legal Counsel, Jeane M. Kirkpatrick, American Enterprise Institute, Department of Justice; Ronald D. Rotunda, Univer- Maura Moynihan, Refugees International, and Lodi sity of Illinois College of Law, Champaign; D. Bruce Gyari, International Campaign for Tibet, all of Merrifield, Pridtronics, Arlington, Virginia; and Washington, D.C.; and Robert A. F. Thurman, Co- Barry Kellman, DePaul University College of Law, lumbia University, New York, New York. Chicago, Illinois. DISTRICT OF COLUMBIA INDIAN EMPLOYMENT AND TRAINING Committee on Governmental Affairs: Subcommittee on PROGRAMS Oversight of Government Management, Restructur- ing, and the District of Columbia concluded hear- Committee on Indian Affairs: Committee concluded ings to examine the President’s proposed National oversight hearings on the implementation of the In- Capital Revitalization and Self-Government Improve- dian Employment Training and Related Services ment Plan and alternative approaches to reorganize Demonstration Act (P.L. 102–477), after receiving the government of the District of Columbia, after re- testimony from Ada E. Deer, Assistant Secretary of ceiving testimony from G. Edward DeSeve, Control- the Interior for Indian Affairs; Russell D. Mason, Sr., ler, Office of Management and Budget; and Mayor Three Affiliated Tribes Business Council, New Marion Barry, and Linda W. Cropp, Acting Chair, Town, North Dakota; James E. Billie and Maureen District of Columbia City Council, both of Wash- Vass, both of the Seminole Tribe of Florida, Holly- ington, D.C. wood; Leroy Bingham, Cook Inlet Tribal Council, Anchorage, Alaska, on behalf of the 477 Tribal CHEMICAL WEAPONS CONVENTION Work Group; Sharon Olsen, Tlingit and Haida In- IMPLEMENTATION dian Tribes of Alaska, Juneau; Gerald Heminger, Jr., Committee on the Judiciary: Committee concluded Sisseton-Wahpeton Sioux Tribal Council, Agency hearings on proposals to implement the obligations Village, South Dakota; and Norm DeWeaver, Indian of the United States under the Convention on the and Native American Employment and Training Co- Prohibition of the Development, Production, Stock- alition, Washington, D.C. h House of Representatives Speaker Pro Tempore: Read a letter from the Chamber Action Speaker wherein he designated Representative Bills Introduced: 11 public bills, H.R. 1578–1588; Sununu to act as Speaker pro tempore for today. 1 private bill, H.R. 1589; and 3 resolutions, H. Page H2491 Con. Res. 78, and H. Res. 145 and 147, were intro- Recess: The House recessed at 1:07 p.m. and recon- duced. Pages H2589, H2590 vened at 2 p.m. Page H2495 Reports Filed: Reports were filed as follows: H.R. 5, to amend the Individuals with Disabil- Suspensions: The House voted to suspend the rules ities Education Act, to reauthorize and make im- and pass the following measures: provements to that Act, amended (H. Rept. IDEA Improvement Act of 1997: H.R. 5, amend- 105–95); and ed, to amend the Individuals with Disabilities Edu- H. Res. 146, providing for consideration of H.R. cation Act and to reauthorize and make improve- 1469, making emergency supplemental appropria- ments to that Act (passed by a yea-and-nay vote of tions for recovery from natural disasters, and for 420 yeas to 3 nays, Roll No. 124); overseas peacekeeping efforts, including those in Pages H2498±H2541, H2567±68 Bosnia, for the fiscal year ending September 30, 1997 (H. Rept. 105–96). Page H2589 D472 CONGRESSIONAL RECORD — DAILY DIGEST May 13, 1997 Higher Education Act: H. Res. 145, providing Rejected: for the concurrence of the House with the amend- The Smith of Michigan amendment, as modified, ment of the Senate to H.R. 914, to make certain that sought to limit pet ownership in public housing technical corrections in the Higher Education Act of to the elderly or a person with disabilities; 1965 relating to graduation data disclosures, with Pages H2559±61 amendments; Pages H2541±46 The Kennedy of Massachusetts amendment, de- bated on May 8, that sought to specify that of all Soap Box Derby: H. Con. Res. 49, authorizing families who receive choice based housing assistance, the use of the Capitol grounds for the Greater not less than 75 percent shall be families whose in- Washington Soap Box Derby; Page H2547 comes do not exceed 30 percent of the area median National Peace Officers’ Memorial Service: H. income (rejected by a recorded vote of 162 ayes to Con. Res. 66, authorizing the use of the Capitol 260 noes, Roll No. 119); Page H2563 grounds for the sixteenth annual National Peace Of- The Kennedy of Massachusetts amendment, de- ficers’ Memorial Service; Page H2548 bated on May 8, that sought to delete title IV, the Home Rule Flexible Grant Option that gives local Special Olympics Torch Relay: H. Con. Res. 67, governments and municipalities the flexibility to ad- authorizing the 1997 Special Olympics Torch Relay minister Federal housing assistance (rejected by a re- to be run through the Capitol Grounds; and corded vote of 153 ayes to 270 noes, Roll No. 120); Pages H2548±49 Pages H2563±64 Honoring the Late Chaim Herzog: H. Con. Res. The Vento amendment, debated on May 8, that 73, concerning the death of Chaim Herzog. sought to delete the Housing Evaluation and Ac- Pages H2549±52 creditation Board that is to be established as an independent agency (rejected by a recorded vote of Presidential Message—National Emergency Re 200 ayes to 228 noes, Roll No. 121); Pages H2564±65 Iran: Read a message from the President wherein he The Kennedy amendment that sought to require submitted his report concerning the National Emer- adult owners of housing subject to project based as- gency with respect to Iran—referred to the Commit- sistance to contribute not less than 8 hours of work tee on International Relations and ordered printed per month within the community in which the (H. Doc. 105–82). Pages H2552±53 housing is located (rejected by a recorded vote of 87 Housing Authority and Responsibility Act: The ayes to 341 noes, Roll No. 122); and House resumed consideration of amendments to Pages H2555±56, H2565±66 H.R. 2, to repeal the United States Housing Act of The Davis of Illinois amendment that sought to 1937, deregulate the public housing program and exempt residents and others receiving choice-based the program for rental housing assistance for low-in- housing assistance from community work, agree- come families, and increase community control over ments establishing target dates for transition out of such programs. The House completed all debate on assisted housing, and minimum rent requirements Wednesday, April 30 and considered amendments to when HUD takes possession of an agency or any de- the bill on Thursday, May 1, Tuesday, May 6, velopments or functions of an agency, or has posses- Wednesday, May 7, and Thursday, May 8. sion of an agency or the operational responsibilities of it (rejected by a recorded vote of 145 ayes to 282 Pages H2553±67 noes, Roll No. 123). Pages H2561±62, H2566 Agreed To: On April 30, the House agreed to H. Res. 133, The Nadler amendment that authorizes the sale of the rule that is providing for consideration of the a Federal building at 252 Seventh Avenue in New bill. Pages H2035±38 York County, New York to a qualifying nonprofit organization for use as housing for low-and-mod- Referrals: S. Con. Res. 26, to permit the use of the erate-income families or individuals; and rotunda of the Capitol for a congressional ceremony honoring Mother Teresa, was referred to the Com- Pages H2556±57 The Towns amendment that requires a manage- mittee on House Oversight. Page H2585 ment assessment indicator to determine whether the Amendments: Amendments ordered printed pursu- housing agency has conducted an assessment to iden- ant to the rule appear on pages H2590–93. tify any pest control problems in its public housing Senate Messages: Message received from the Senate and its effectiveness in eradicating or controlling on Friday, May 9 by the Clerk appears on page such problems. Pages H2558±59 H2495. May 13, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D473 Quorum Calls—Votes: One yea-and-nay vote and VOLUNTEER PROTECTION ACT; PRIVATE five recorded votes developed during the proceedings IMMIGRATION BILL of the House today and appear on pages H2563, Committee on the Judiciary: Ordered reported amended H2564, H2564–65, H2565–66, H2566, and H.R. 911, Volunteer Protection Act of 1997. H2567–68. There were no quorum calls. The Committee also considered a private immi- Adjournment: Met at 12:30 a.m. and adjourned at gration bill. 8:46 p.m. OVERSIGHT—FBI Committee Meetings Committee on the Judiciary: Subcommittee on Crime held an oversight hearing on the activities of the TEXAS LOW-LEVEL RADIOACTIVE WASTE Federal Bureau of Investigation. Testimony was DISPOSAL COMPACT CONSENT heard from the following officials of the Department Committee on Commerce: Subcommittee on Energy and of Justice: Michael R. Bromwich, Inspector General; Power approved for full Committee action H.R. 629, Frederic Whitehurst, Supervisory Special Agent, Texas Low-Level Radioactive Waste Disposal Com- Donald Thompson, Acting Assistant Director and pact Consent Act. James Maddock, Deputy General Counsel, all with Prior to this action, the Subcommittee held a the FBI; and public witnesses. hearing on this measure. Testimony was heard from Representatives Barton of Texas, Reyes, Bonilla and MISCELLANEOUS MEASURES Green; and public witnesses. Committee on the Judiciary: Subcommittee on Immi- ENDOWMENT FOR THE ARTS gration and Claims held a hearing on the following bills: H.R. 231, to improve the integrity of the So- Committee on Education and the Workforce: Subcommit- cial Security card and to provide for criminal pen- tee on Early Childhood, Youth and Families and the alties for fraud and related activity involving work Subcommittee on Oversight and Investigations held authorization documents for purposes of the Immi- a joint hearing on the Endowment for the Arts. Tes- gration and Nationality Act; H.R. 429, NATO Spe- timony was heard from Representatives Armey, cial Immigration Amendments of 1997; H.R. 471, Stearns, Doolittle, Lewis of Kentucky, Houghton, Illegal Alien Employment Disincentive Act of 1997; Slaughter and Nadler; Jane Alexander, Chairman, and H.R. 1493, to require the Attorney General to National Endowment for the Arts; and public wit- establish a program in local prisons to identify, prior nesses. to arraignment, criminal aliens and aliens who are TREATMENT OF INSIDE SALES PERSONNEL unlawfully present in the United States. Testimony AND PUBLIC SECTOR VOLUNTEERS UNDER was heard from Representatives Pickett, Gallegly and FAIR LABOR STANDARDS ACT McCollum; Paul Virtue, Acting Executive Associate Commissioner, Programs, Immigration and Natu- Committee on Education and the Workforce: Subcommit- ralization Service, Department of Justice; Sandy tee on Workforce Protections held a hearing on the Crank, Associate Commissioner, Policy and Plan- treatment of inside sales personnel and public sector ning, SSA; and public witnesses. volunteers under the Fair Labor Standards Act. Testi- mony was heard from Representative Myrick; and public witnesses. EMERGENCY SUPPLEMENTAL ACT FOR FY 1997 EXPORT TRADE ADMINISTRATION— Committee on Rules: Granted, by voice vote, an open FUTURE rule providing one hour of general debate on H.R. Committee on International Relations: Subcommittee on 1469, 1997 Emergency Supplemental Appropriations International Economic Policy and Trade held a Act for Recovery from Natural Disasters, and for hearing on the Future of the Export Trade Adminis- Overseas Peacekeeping Efforts, Including Those in tration. Testimony was heard from William Reinsch, Bosnia, equally divided and controlled by the Chair- Under Secretary, Bureau of Export Administration, man and ranking minority member of the Commit- Department of Commerce; Thomas E. McNamara, tee on Appropriations. The rule waives all points of Assistant Secretary, Bureau of Politico-Military Af- order against consideration of the bill. The rule pro- fairs, Department of State; Michael Wallerstein, vides that the amendment printed in the rule and Deputy Acting Secretary, Counter Proliferation Pol- the amendment printed in Part 1 of the Rules Com- icy, International Security Policy, Department of De- mittee report shall be considered as adopted. The fense; and public witnesses. rule waives all points of order against provisions in D474 CONGRESSIONAL RECORD — DAILY DIGEST May 13, 1997 the bill for failure to comply with clause 2 (prohibit- ing unauthorized or legislative provisions in a gen- Joint Meetings eral appropriations bill) and clause 6 (prohibiting re- appropriations in a general appropriations bill) of NATO ENLARGEMENT Rule XXI, except as specified in the rule. The rule Commission on Security and Cooperation in Europe (Hel- also waive all points of order against each amend- sinki Commission): Commission resumed hearings to ment printed in Part 2 of the Rules Committee re- examine the process to enlarge the membership of port which may be offered in the order specified, the North Atlantic Treaty Organization (NATO), re- shall be debatable for the time specified in the re- ceiving testimony from Ernest Petric, Ambassador of port equally divided and controlled by the proponent the Republic of Slovenia to the United States; and an opponent, shall be offered only by the mem- Mircea Dan Geoana, Ambassador of Romania to the ber designated in the report, and is not amendable. United States; and Alexandr Vondra, Ambassador of The rule accords priority in recognition to those the Czech Republic to the United States. Members who have pre-printed their amendments in Commission recessed subject to call. the Congressional Record prior to their consider- f ation. The rule also allows the Chairman of the Committee of the Whole to postpone votes during COMMITTEE MEETINGS FOR consideration of the bill, and to reduce the vote to WEDNESDAY, MAY 14, 1997 five minutes on a postponed question provided that (Committee meetings are open unless otherwise indicated) the vote follows a fifteen minute vote. The rule Senate waives points of order against all amendments for failure to comply with clause 2(e) of rule XXI (pro- Committee on Appropriations, Subcommittee on Treasury, hibiting non-emergency designated amendments to Postal Service, and General Government, to hold hearings be offered to an appropriations bill containing an on proposed budget estimates for fiscal year 1998 for the Office of National Drug Control Policy, 9:30 a.m., emergency designation). Finally, the rule provides SD–192. one motion to recommit, with or without instruc- Committee on Commerce, Science, and Transportation, to tions. Testimony was heard from Chairman Living- hold hearings to examine program efficiencies at the De- ston, Representatives Sabo, Miller of Florida, partment of Commerce, 9:30 a.m., SR–253. Nethercutt, Neumann, McHugh, Ramstad, Spence, Subcommittee on Oceans and Fisheries, to hold hear- Gilman, Shuster, Goodling, Barcia, Roukema, Gekas, ings on S. 39, to revise the Marine Mammal Protection Smith of Oregon, Morella, Shays, Stearns, Crapo, Act of 1972 to support the International Dolphin Con- Jackson-Lee, McKeon, Riggs, Coburn, Foley, servation Program in the eastern tropical Pacific Ocean, Weldon of Florida, Obey, Kennedy of Rhode Island, 2:30 p.m., SR–253. Kleczka, Kaptur, Olver, Meek of Florida, Dingell, Committee on Energy and Natural Resources, business Oberstar, Cannon, Norton, Peterson of Minnesota, meeting, to consider pending calendar business, 9:30 a.m., SD–366. Condit, Harmon, Stupak, Maloney of New York, Committee on Rules and Administration, to hold hearings Wynn, Romero-Barcelo´, Pomeroy, Jones, Minge, on the campaign finance system for presidential elections, Strickland, Barr of Georgia, Davis of Virginia, focusing on the growth of soft money and other effects Hilleary, and Thune. on political parties and candidates, 9:30 a.m., SR–301. Select Committee on Intelligence, to hold closed hearings on URBAN EMPOWERMENT intelligence matters, 2 p.m., SH–219. Committee on Small Business: Subcommittee on Full Committee, to resume closed hearings on the nomination of George John Tenet, of Maryland, to be Di- Empowerment held a hearing on regulatory, tax, and rector of Central Intelligence, 2:30 p.m., SH–219. licensing initiatives that empower businesses and citizens in impoverished communities. Testimony House was heard from Representative Weller; and the fol- Committee on Agriculture, Subcommittee on Department lowing Mayors: Paul Helmke, Fort Wayne, Indiana Operations, Nutrition, and Foreign Agriculture, hearing and Victor Ashe, Knoxville, Tennessee; and a public to review the information technology procurement prac- witness. tices of the USDA, 9:30 a.m., 1300 Longworth. Hearings continue May 20. Committee on Appropriations, Subcommittee on Labor, Health and Human Services, and Education, on Secretary BRIEFING—CHINA of Labor, 10 a.m., 2358 Rayburn. Committee on Banking and Financial Services, to continue Permanent Select Committee on Intelligence: Met in execu- hearings on Financial Modernization, including H.R. 10, tive session to hold a briefing on China. The Com- Financial Services Competitiveness Act of 1997, 10 a.m., mittee was briefed by departmental witnesses. 2128 Rayburn. May 13, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D475

Committee on the Budget, to mark up the Fiscal Year tion of the flag of the United States, 1:30 p.m., 2141 1998 Budget Resolution, 2 p.m., 210 Cannon. Rayburn. Committee on Commerce, Subcommittee on Finance and Subcommittee on Commercial and Administrative Law, Hazardous Materials, hearing on Financial Services Re- hearing on H.R. 1494, Apprehension of Tainted Money form, focusing on Consolidation in the Brokerage Indus- Act of 1997, 9:30 a.m., 2226 Rayburn. try, 10 a.m., 2322 Rayburn. Subcommittee on Courts and Intellectual Property, Committee on Education and the Workforce, to mark up hearing on H.R. 1252, Judicial Reform Act of 1997, 9 H.R. 1377, Savings Are Vital to Everyone’s Retirement a.m., 2237 Rayburn. Act of 1997, 10 a.m., 2175 Rayburn. Committee on Rules, to consider H.R. 1486, Foreign Pol- Committee on Government Reform and Oversight, Sub- icy Reform Act, 2 p.m., H–313 Capitol. committee on National Security, International Affairs, Committee on Science, hearing on Department of Energy and Criminal Justice, hearing on National Guard Support Posture, 1 p.m., 2318 Rayburn. in the Fight Against Illegal Drugs, 1 p.m., 2154 Ray- Committee on Transportation and Infrastructure, Sub- burn. committee on Coast Guard and Maritime Transportation, Committee on House Oversight, to consider pending busi- hearing on Commercial Vessel Safety, 2 p.m., 2167 Ray- ness, 10:30 a.m., 1310 Longworth. burn. Committee on International Relations, Subcommittee on Committee on Veterans’ Affairs, Subcommittee on Bene- the Western Hemisphere, hearing on the Caribbean: An fits, hearing on operations within the VA’s Compensation Overview, 9:30 a.m., 2200 Rayburn. and Pension Service using Government Performance and Committee on the Judiciary, to mark up of the following Results Act (GPRA) principles, to review the adequacy of measures: H.R. 695, Security and Freedom Through VA’s efforts in the processing of Persian Gulf War claims Encryption (SAFE) Act; and H.J. Res. 54, proposing an for compensation, and to discuss legislation to limit the amendment to the Constitution of the United States au- liability for compensating and treating veterans with thorizing the Congress to prohibit the physical desecra- smoking-related diseases, 8:30 a.m., 334 Cannon. D476 CONGRESSIONAL RECORD — DAILY DIGEST May 13, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Wednesday, May 14 10 a.m., Wednesday, May 14

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of H.R. 1469, ation of S. 717, Individuals With Disabilities Education Supplemental Appropriations Act for FY 1997 (open rule, Act, with votes to occur thereon. 1 hour of debate). Also, Senate will begin consideration of H.R. 1122, Partial-Birth Abortion Ban Act.

Extensions of Remarks, as inserted in this issue

HOUSE Gilchrest, Wayne T., Md., E907 Meek, Carrie P., Fla., E897, E899 Gingrich, Newt, Ga., E902 Miller, George, Calif., E909 Ackerman, Gary L., N.Y., E901 Hamilton, Lee H., Ind., E897 Packard, Ron, Calif., E910 Borski, Robert A., Pa., E909 Hinchey, Maurice D., N.Y., E899 Scott, Robert C., Va., E897 Cardin, Benjamin L., Md., E905 Hinojosa, Rube´n, Tex., E909 Sherman, Brad, Calif., E900, E901, E904, E908, E910 Davis, Thomas M., Va., E897 Johnson, Sam, Tex., E900, E901, E904, E909 Solomon, Gerald B.H., N.Y., E905 Doyle, Michael F., Pa., E899 Kennedy, Joseph P., II, Mass., E905 Souder, Mark E., Ind., E903 Forbes, Michael P., N.Y., E898 Kim, Jay, Calif., E899 Underwood, Robert A., Guam, E898 Frost, Martin, Tex., E898 Kucinich, Dennis J., Ohio, E898 Gejdenson, Sam, Conn., E901 Lantos, Tom, Calif., E900

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