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

Vol. 146 WASHINGTON, WEDNESDAY, JUNE 28, 2000 No. 84 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE ACTING Mr. SPECTER. Mr. President, I ob- called to order by the President pro MAJORITY LEADER ject to further proceedings on the bill tempore [Mr. THURMOND]. The PRESIDING OFFICER (Mr. AL- at this time. The PRESIDING OFFICER. The bill LARD). The acting majority leader. PRAYER will be placed on the calendar. The Chaplain, Dr. Lloyd John f Mr. SPECTER. I yield the floor. Ogilvie, offered the following prayer: SCHEDULE f Almighty God, Sovereign of this Na- tion and Lord of our lives, we celebrate Mr. SPECTER. Mr. President, on be- RESERVATION OF LEADER TIME the anniversary of the opening of the half of the distinguished majority lead- The PRESIDING OFFICER. Under Constitutional Convention in 1787, by er, I have been asked to announce that the previous order, the leadership time remembering Benjamin Franklin’s call today we will immediately resume con- is reserved. to prayer at a time when the delibera- sideration of the appropriations bill on f tions were deadlocked. He said, ‘‘I have Labor, Health and Human Services, lived, sir, a long time, and the longer I and Education. Under the order, there THE DEPARTMENTS OF LABOR, live the more convincing proofs I see of will be closing remarks on the amend- HEALTH AND HUMAN SERVICES, this truth: that God governs in the af- ment offered by the distinguished Sen- AND EDUCATION, AND RELATED fairs of men. If a sparrow cannot fall to ator from Texas, Mrs. HUTCHISON, re- AGENCIES APPROPRIATIONS, 2001 the ground without His notice, is it garding same-sex schools, with a vote The PRESIDING OFFICER. Under probable that an empire can rise with- to occur at approximately 9:45 a.m. the previous order, the Senate will re- out His aid? I believe that without His Following the vote, there will be clos- sume consideration of H.R. 4577 which concurring aid we shall succeed no bet- ing remarks and then a vote on the the clerk will report. ter than the builders of Babel. We shall Daschle amendment regarding fetal al- The bill clerk read as follows: be divided by our partial local inter- cohol syndrome. A bill (H.R. 4577) making appropriations ests; our projects will be confounded.’’ We are urging all Senators who have for the Departments of Labor, Health and Gracious Lord, we join our voices amendments to come to the floor. It is Human Services, and Education, and related with the Founding Fathers in the intention of the majority leader to agencies for the fiscal year ending Sep- confessing our total dependence on conclude action on this bill today. It is tember 30, 2001, and for other purposes. You. We believe that You are the Au- my hope that we could have a limit on Pending: thor of the glorious vision that gave the number of amendments, perhaps Harkin (for Daschle) amendment No. 3658, birth to our beloved Nation. What You have a unanimous consent agreement to fund a coordinated national effort to pre- began You will continue to develop to limiting the number of amendments, vent, detect, and educate the public con- full fruition, and today the women and and that we can work through time cerning Fetal Alcohol Syndrome and Fetal agreements to proceed to conclude the Alcohol Effect and to identify effective men of this Senate will grapple with interventions for children, adolescents, and the issues of moving this Nation for- bill. adults with Fetal Alcohol Syndrome and ward in keeping with Your vision. It is f Fetal Alcohol Effect. awesome to realize that You use people Hutchison/Collins amendment No. 3619, to to accomplish Your goals. Think Your MEASURE PLACED ON THE clarify that funds appropriated under this thoughts through the Senators; speak CALENDAR—S. 2801 Act to carry out innovative programs under Your truth through their words; enable Mr. SPECTER. Mr. President, I un- section 6301(b) of the Elementary and Sec- Your best for America through what derstand there is a bill at the desk due ondary Education Act of 1965 shall be avail- able for same gender schools. You lead them to decide. You are our for its second reading. Lord and Saviour. Amen. The PRESIDING OFFICER. The Mr. SPECTER. Mr. President, I sug- f clerk will report by title. gest the absence of a quorum. The assistant legislative clerk read The PRESIDING OFFICER. The PLEDGE OF ALLEGIANCE as follows: clerk will call the roll. The Honorable WAYNE ALLARD, a The legislative clerk proceeded to A bill (S. 2801) to prohibit funding of the call the roll. Senator from the State of Colorado, led negotiation of the move of the Embassy of the Pledge of Allegiance, as follows: the People’s Republic of China in the United Mrs. HUTCHISON. Mr. President, I I pledge allegiance to the Flag of the States until the Secretary of State has re- ask unanimous consent that the order United States of America, and to the Repub- quired the divestiture of property purchased for the quorum call be rescinded. lic for which it stands, one nation under God, by the Xinhua News Agency in violation of The PRESIDING OFFICER. Without indivisible, with liberty and justice for all. the Foreign Missions Act. objection, it is so ordered.

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

S5941

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VerDate 11-MAY-2000 02:04 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.000 pfrm01 PsN: S28PT1 S5942 CONGRESSIONAL RECORD — SENATE June 28, 2000 Mr. KOHL. Mr. President, I rise Moreover, it gives them the con- The PRESIDING OFFICER. Is there a today in support of the Hutchison fidence that they can handle advanced sufficient second? amendment, which would allow local math and science and other subjects There is a sufficient second. school districts to use Title VI funds to that unfortunately women sometimes The clerk will call the roll. establish same-gender schools if they have felt uneasy about, even though The bill clerk called the roll. so choose. I have opposed a similar obviously girls and women have every Mr. REID. I announce that the Sen- amendment in the past because I have ability in the world to handle such sub- ator from Hawaii (Mr. INOUYE) is nec- been concerned that many of these jects. This class has been an enormous essarily absent ‘‘separate but equal’’ programs are success for the girls at Presque Isle The PRESIDING OFFICER (Mr. L. sometimes not equal in reality. I am High School. CHAFEE). Are there any other Senators pleased that the Senator from Texas Unfortunately, a few years ago, the in the Chamber who desire to vote? The result was announced—yeas 99, has made modifications to her amend- Department of Education objected to nays 0, as follows: ment that deal with these concerns, this class despite the fact that it was and ensures that single-gender schools showing such enormous results for the [Rollcall Vote No. 151 Leg.] will not result in a system where one young women who were enrolled in it. YEAS—99 gender is educationally disadvantaged. They were taught by a very gifted Abraham Enzi Lugar I believe this amendment is another teacher, Donna Lisnik, who has subse- Akaka Feingold Mack Allard Feinstein McCain important step in our drive toward quently gone on to be the principal of Ashcroft Fitzgerald McConnell more flexibility and local control in a school in Aroostook County. But she Baucus Frist Mikulski education. I am pleased to be an origi- was the one who originated this course. Bayh Gorton Moynihan The Department of Education ob- Bennett Graham Murkowski nal cosponsor of the Public Education Biden Gramm Murray Reinvestment, Reinvention and Re- jected because it was a same-sex class. Bingaman Grams Nickles sponsibility Act—better known as They have been able to get around Bond Grassley Reed ‘‘Three R’s’’—which would also provide that. But that shouldn’t require a Boxer Gregg Reid Breaux Hagel Robb school districts with the flexibility to waiver or a circumvention of the law. Brownback Harkin Roberts design programs that best meets their The amendment of the Senator from Bryan Hatch Rockefeller needs. The Hutchison amendment, Texas would cure this situation. Bunning Helms Roth which allows local officials to make Thank you, Mr. President. Burns Hollings Santorum The PRESIDING OFFICER. The Sen- Byrd Hutchinson Sarbanes the decision to set up a single-gender Campbell Hutchison Schumer school, is consistent with the ‘‘Three ator from Texas. Chafee, L. Inhofe Sessions R’s’’ philosophy. We must continue to Mrs. HUTCHISON. Mr. President, I Cleland Jeffords Shelby move toward a public education system thank Senator COLLINS, the cosponsor Cochran Johnson Smith (NH) of this amendment, who has worked Collins Kennedy Smith (OR) that gives States and local school dis- Conrad Kerrey Snowe tricts—who are in the best position to with me because of the very example Coverdell Kerry Specter know what their educational needs that she just gave. Craig Kohl Stevens Crapo Kyl Thomas are—the ability to create innovative She has the situation in her State where this actually has curbed the cre- Daschle Landrieu Thompson programs that allow all students to DeWine Lautenberg Thurmond achieve to high standards. ativity of public schools in offering Dodd Leahy Torricelli The PRESIDING OFFICER. Under more options for parents who believe Domenici Levin Voinovich their adolescent boys or their young Dorgan Lieberman Warner the previous order, the hour of 9:40 a.m. Durbin Lincoln Wellstone having arrived, there will be 4 minutes girls would do better in a single-sex Edwards Lott Wyden setting. In fact, in Detroit, MI, there is of debate prior to the vote on or in re- NOT VOTING—1 lation to the Hutchison amendment a boys school that has the same suc- Inouye No. 3619. cess that Senator COLLINS has just Mrs. HUTCHISON. Mr. President, if mentioned about a girls class in Maine; The amendment (No. 3619) was agreed there is no one on the other side, which the boys are able to have a single-sex to. I believe is the case, I ask unanimous atmosphere. And sometimes it is shown Mrs. HUTCHISON. Mr. President, I consent to give 2 minutes to Senator by studies that adolescent boys do bet- move to reconsider the vote. COLLINS, and then 2 minutes to myself. ter in that atmosphere. Mr. SPECTER. I move to lay that The PRESIDING OFFICER. Without We want public schools to have the motion on the table. objection, it is so ordered. same options and the Federal help that The motion to lay on the table was The Senator from Maine is recog- are available in parochial and private agreed to. nized. schools for creative approaches and so- AMENDMENT NO. 3658 Ms. COLLINS. Mr. President, I com- lutions to our education problems. We The PRESIDING OFFICER. There mend the Senator from Texas for her want options, not mandates. But we will now be 4 minutes for debate on the extraordinary leadership on this issue. want every child in this country to Daschle amendment No. 3658. She has been an advocate for girls and reach his or her full potential. We want Mr. DASCHLE. Mr. President, I of- women in so many different ways, and that child to be given opportunities in fered this amendment on behalf of the she truly is committed to ensuring a way that best fit that child’s needs. thousands of individuals who have been that young girls growing up get the That is why I think this amendment impacted by prenatal exposure to alco- very best education they deserve, and is going to be overwhelmingly accepted hol, their families, and the estimated that they have every opportunity in the Senate—just as these amend- 12,000 children who will be born with available to them. The amendment ments have been in the past. It will fetal alcohol syndrome, FAS, or fetal that she has proposed, which I am give the guidance to the Department of alcohol effects, FAE, during the next proud to cosponsor, is in keeping with Education that will clarify the issue year. that commitment. once and for all; that we want abso- My amendment will provide $25 mil- I commend her for her leadership on lutely every option available in our lion to establish a competitive grant this very important issue. public schools that will give every program to fund prevention and treat- I first became very interested in the child in this country the ability to suc- ment services to individuals with FAS issue of having same-gender classrooms ceed. and FAE and their families. This grant because of an experience of a high Thank you, Mr. President. program is absolutely critical for sev- school all-girls math class in northern I yield the floor and ask my col- eral reasons. Maine. This math class, which is an ad- leagues for their support of the FAS and FAE are 100 percent pre- vanced math class taught at Presque Hutchison-Collins amendment. ventable. Despite this fact, the Centers Isle High School, has been proven to be The PRESIDING OFFICER. The for Disease Control have reported a six- of enormous benefit to the young question now occurs on the Hutchison fold increase in the incidence of babies women who are enrolled in it. They do amendment numbered 3619. born with FAS between 1960 and 1995. very advanced math. It has been shown Mrs. HUTCHISON. Mr. President, I One in five women still drink during that their SAT scores soared. ask for the yeas and nays. pregnancy.

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.004 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5943 Once a child has been born with FAS is an inspiration to everyone who to families on parenting skills or how or FAE, there is still much we can do meets her, and one of the reasons I be- to utilize outside resources. to help prevent the secondary disabil- lieve so deeply in advocating for chil- Even when parents seek help from ities that often accompany the disease. dren with FAS and FAE. professionals, those teachers, coun- For too long, we have treated the Another reason is a pint-sized girl selors or health care providers may not birth of an FAS or FAE child as the named Lucy Klene. Lucy is 4 years old. have the training to provide necessary losing end of a battle, rather than the She spent the first two years of her life assistance or offer the right informa- beginning of one we can win. We have in an orphanage in Russia. When she tion. neglected children with FAS and FAE was 2, she was adopted by Stephan and Teachers often do not have the tools at the peril of those individuals, their Lydia Klene, of Herndon, Virginia. The they need to serve these special-need families and their communities. Klenes also adopted a son from Russia, students. Physicians frequently do not Let me illustrate this point with two Paul, who is 3 years old and has no ap- know which medications to provide, if real life examples—Karli Schrider and parent fetal alcohol effects. any. And, like Karli, many individuals Lucy Klene. Within a month after bringing Lucy with FAS and FAE still remain uniden- Twenty-eight years ago, when Karli’s and Paul home, Stephan and Lydia tified and mislabeled as noncompliant mother, Kathy, was pregnant with began to suspect that Lucy had special or delinquent. Karli, it was not uncommon for expect- challenges. Over the next 16 months, This amendment will fund a grant ant mothers to be told to ‘‘drink a beer Lucy was evaluated eight times by pe- program within HHS to develop FAS a day for a fat, healthy baby.’’ Women diatricians and other specialists. training and treatment models that who were in danger of miscarrying Not one of them recognized the can be replicated around the country. were sometimes hospitalized and given symptoms of Lucy’s fetal alcohol ef- The grant program was authorized by alcohol intravenously for five or six fects. Finally, scouring the Internet, Congress in the fiscal year 1999 appro- hours in the mistaken belief it would Stephan stumbled on the truth. He and priations bill. The program will pro- prevent miscarriage. Lydia took their research to Lucy’s pe- vide much-needed assistance to fami- Back then, it never crossed Kathy’s diatrician, who read it and confirmed lies, who, in many cases, have been mind that her occasional glasses of their hunch. bearing the burden of this national wine might be harming her unborn Today, Lucy is a talented little gym- public health problem unaided and child. Besides, just the year before, nast who attends special education pre- alone. Kathy had had another baby who was school. And while it’s still too early to The grant program will be directed perfectly healthy, and she drank dur- know for sure, her doctor and parents by the Centers for Disease Control and ing that pregnancy too. think there is a good chance she will be the Substance Abuse and Mental The first time Karli was able to live an independent and produc- Health Services Administration. Por- misdiagnosed, she was an infant. A doc- tive life when she grows up. tions of the funding for the grant will tor attributed her developmental Together, Karli and Lucy illustrate come from each of these agencies. delays to chronic ear infections. When the challenges that families with FAS It is time for Congress to join those she was 4 years old, a psychologist of- and FAE face and the need for ex- who have already dedicated time and fered another explanation for Karli’s panded prevention, early detection and resources to this effort. Particularly, I difficulties. He said she was being real support for FAS/FAE families. want to recognize the National Organi- ‘‘willfully disobedient.’’ While we have certainly seen zation of Fetal Alcohol Syndrome that When Karli was 8, a team of special- progress—it took Karli’s family 16 has been aiding children and families ists misdiagnosed her again—with cere- years to get a correct diagnosis and and fighting for prevention for the last bral palsy. Lucy’s family about 16 months—there 10 years. I would also like to thank the Eight years later, when Karli was 16, is still much more that needs to be directors of the Family Resource Insti- Kathy was training to be a substance done. tute, who have educated and been a abuse counselor. As part of her train- A study recently released by Anne voice for parents of children with alco- ing, she attended a conference on Streissguth at the University of Wash- hol-related birth defects. I also greatly ‘‘crack babies.’’ Sitting in the audi- ington illustrates the importance of appreciate the work of those in my own ence, she was stunned. Every char- early intervention with individuals state, including Judy Struck and those acteristic of ‘‘crack babies’’ the lec- with FAS and FAE: at the University Affiliated Program, turer described, Karli had. But Kathy 94 percent of children and adults with Charles Schaad, and the South Dakota had never used crack. FAS experience mental health prob- March of Dimes. She tracked down the few studies lems; The National Institute of Alcoholism that had been done at that time on the 45 percent exhibit inappropriate sex- and Alcohol Abuse, NIAAA, has been effects of alcohol on fetuses. Again, she ual behavior; studying FAS and FAE for more than saw the same list of symptoms. 43 percent have a disrupted school ex- 20 years, and it has provided excellent Years later, researchers would an- perience; leadership with the Inter-Agency Co- nounce that most of the symptoms 42 percent have trouble with the law; ordinating Committee. The Centers for they originally thought were the result Of the 90 adults studied, 83 percent do Disease Control and the Substance of fetal exposure to crack were actu- not live independently and 79 percent Abuse and Mental Health Services Ad- ally the result of fetal alcohol expo- have problems with employment; and, ministration should also be com- sure, and that alcohol is much more 72 percent have been victims of phys- mended for their growing dedication to devastating to fetuses than crack—or ical or sexual abuse or domestic vio- this cause. any other drug. lence. We have developed a model for deal- Learning the real cause of Karli’s This study also showed that the pres- ing with FAS and FAE that will bring special challenges has not lessened ence of protective factors such as an our nation’s best scientists together them. FAS and FAE are lifelong condi- early diagnosis and a stable and nur- with advocates, service providers and tions. But, knowing the truth has en- turing home reduce secondary disabil- families and will enable us to develop abled Kathy—and others in Karli’s life ities. Even though early diagnosis is our knowledge of successful preven- —to focus less on Karli’s deficits, and critical for preventing secondary dis- tion, diagnosis, early detection, and more on her strengths. abilities, only 11 percent of kids and education. It is the result of extensive One of those strengths is Karli’s ex- adults studied were diagnosed by age 6. consultation and input from experts in traordinary kindness and empathy. In While intensive intervention is crit- the field. I urge my colleagues to vote addition to her volunteer work at ical to enabling individuals with FAS in support of this important amend- NOFAS, Karli also volunteers to help and FAE to live productive, safe lives, ment. people with cerebral palsy, and the el- there is still widespread ignorance The PRESIDING OFFICER. The Sen- derly. Two years ago, she was named about this disease in the health care, ator from Pennsylvania. one of America’s ‘‘Thousand Points of scientific and educational commu- Mr. SPECTER. Mr. President, before Light’’ by former President Bush. She nities. There is little advice available I comment on the pending amendment,

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.019 pfrm01 PsN: S28PT1 S5944 CONGRESSIONAL RECORD — SENATE June 28, 2000 the ranking member of the sub- [Rollcall Vote No. 152 Leg.] Senator KENNEDY be limited to 60 min- committee and I have conferred, as we YEAS—98 utes equally divided with no second-de- have been trying to have all of the Abraham Feingold Mack gree amendments in order prior to the amendments submitted. We make a re- Akaka Feinstein McCain vote. quest at this time that any Senator Ashcroft Fitzgerald McConnell The PRESIDING OFFICER. Without Baucus Frist Mikulski who has an amendment to this bill, let Bayh Gorton Moynihan objection, it is so ordered. us know what it is by 11 o’clock. It is Bennett Graham Murkowski Mr. SPECTER. Mr. President, the our intention, shortly thereafter, to Biden Gramm Murray Kennedy amendment will be followed Bingaman Grams Nickles propound a unanimous consent request Bond Grassley Reed in sequence by an amendment by the that the amendments submitted to us Boxer Gregg Reid Senator from Connecticut, Mr. DODD. at that time be the only amendments Breaux Hagel Robb This has been cleared. which will be considered on the bill. Brownback Harkin Roberts I ask unanimous consent that the Bryan Hatch Rockefeller That is by 11 o’clock. Bunning Helms Roth time on the Dodd amendment, prior to Briefly, on the pending amendment Burns Hollings Santorum the vote in relation to that amend- Byrd Hutchinson Sarbanes ment, be limited to 30 minutes equally offered by the Senator from South Da- Campbell Hutchison Schumer kota, it is a very good amendment Chafee, L. Inhofe Sessions divided with no second-degree amend- which allocates $25 million to fetal al- Cleland Jeffords Shelby ments in order prior to the vote. cohol syndrome. Some $15 million is Cochran Johnson Smith (NH) The PRESIDING OFFICER. Without Collins Kennedy Smith (OR) objection, it is so ordered. currently allocated. It may be even a Conrad Kerrey Snowe greater amount should be allocated for Coverdell Kerry Specter Mr. SPECTER. I yield the floor to this very pressing problem. Craig Kohl Stevens Senator KENNEDY. Crapo Kyl Thomas AMENDMENT NO. 3661 I yield the floor. Daschle Landrieu Thompson The PRESIDING OFFICER. The Sen- DeWine Lautenberg Thurmond (Purpose: To provide an additional ator from Missouri. Dodd Leahy Torricelli $202,000,000 to carry out title II of the High- Domenici Levin Voinovich er Education Act of 1965) Mr. BOND. Mr. President, I com- Dorgan Lieberman Warner Durbin Lincoln Wellstone Mr. KENNEDY. Mr. President, I send pliment my colleague from South Da- an amendment to the desk and ask for kota for bringing attention to this seri- Edwards Lott Wyden Enzi Lugar its immediate consideration. ous problem. Fetal alcohol syndrome The PRESIDING OFFICER. The affects 2,000 infants born every year. At NAYS—1 Allard clerk will report. the same time, we must keep in mind The assistant legislative clerk read that birth defects generally are a NOT VOTING—1 as follows: major, even larger health care problem Inouye The Senator from Massachusetts [Mr. KEN- in this country. Birth defects are the The amendment (No. 3658) was agreed NEDY], for himself, Mr. REED, Mr. BINGAMAN, leading cause of infant mortality, and to. Mr. WELLSTONE, Mr. DODD, Mrs. MURRAY, Mr. about 150,000 children will be born with Mr. SPECTER. Mr. President, I move LEVIN, Mr. SCHUMER, and Mr. DURBIN, pro- a major birth defect annually. to reconsider the vote, and I move to poses an amendment numbered 3661. This year, CDC is spending only $16.5 lay that motion on the table. Mr. KENNEDY. Mr. President, I ask million total on all birth defects, with The motion to lay on the table was unanimous consent that reading of the an additional $2 million being spent on agreed to. amendment be dispensed with. a folic acid awareness campaign for The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without which I fought and worked with my ator from Pennsylvania. objection, it is so ordered. colleagues in this body to support. The Mr. SPECTER. Mr. President, the The amendment is as follows: $10 million for CDC to fight fetal alco- Senator from Iowa and I had an- At the end of the title III, insert the fol- hol syndrome would be well spent. At nounced previously our request that all lowing: the same time, we need to significantly Senators submit amendments by 11 SEC. . TEACHER QUALITY ENHANCEMENT. increase our overall investment in the a.m. this morning. It is our intention, In addition to any other funds appro- fight against birth defects. as soon thereafter as we can, to com- priated under this Act to carry out title II of I look forward to working with the pile a list and to ask unanimous con- the Higher Education Act of 1965, there are chairman and ranking member and sent that that be the exclusive list for appropriated $202,000,000 to carry out such title. Senator DASCHLE as we move forward amendments to be considered on this to make sure this critical area of chil- bill. Mr. KENNEDY. Mr. President, I offer dren’s health is adequately addressed Mr. HARKIN. Mr. President, if the this amendment along with Senators in this bill and in the work of the CDC Senator will yield, I fully support him REED, BINGAMAN, WELLSTONE, DODD, in the coming year. in that. At 11 o’clock, which is about 20 MURRAY, LEVIN, SCHUMER, and DURBIN. Mr. President, this amendment is one I thank the Chair. minutes from now, we hope to be in- formed of all amendments. I say to of the most important policy matters The PRESIDING OFFICER. The Sen- Senators on our side, please let us that we are going to consider on this ator from South Dakota. know, either through the Cloakroom or appropriation bill, and that is whether Mr. DASCHLE. I yield back the re- directly, because shortly after that, I we are going to provide adequate re- mainder of my time. will be joining with our chairman in sources to train the needed number of I ask for the yeas and nays. propounding a unanimous consent re- teachers for our classrooms and for The PRESIDING OFFICER. Is there a quest to make that a finite list. children across this country. sufficient second? Mr. SPECTER. Mr. President, I We believe—at least I do—that the There is a sufficient second. thank my distinguished colleague from funds that have been allocated in the The question is on agreeing to Iowa. We had announced that between current bill are inadequate to do the amendment No. 3658. The clerk will the votes, but we repeat it at this time. job. I spelled out in my earlier com- call the roll. We think we can conclude this bill ments that I know the Appropriations today. If we have the cooperation of Committee received allocations. But, I The legislative clerk called the roll. Senators on letting us know about don’t believe those allocations given to Mr. REID. I announce that the Sen- their amendments, we will be able to the committee were adequate to really ator from Hawaii (Mr. INOUYE) is nec- do that. respond to the challenges we are facing essarily absent. Mr. President, we are about to have in education. It is as a result of the The PRESIDING OFFICER. Are there an amendment offered by the distin- fact that the Republican leadership any other Senators in the Chamber de- guished Senator from Massachusetts, wants to have a tax break. It seems to siring to vote? Mr. KENNEDY. This has been worked me that these priorities take pref- The result was announced—yeas 98, out, but I formally ask unanimous con- erence over that. I wish these priorities nays 1, as follows: sent that time on the amendment by had been given additional funds. In

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.022 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5945 spite of that, we ought to make an ex- tant document that has been published ementary and Secondary Education pression in the Senate about our prior- on the need for getting high-quality Act? ities for the children of this country, teachers for the children of this coun- In this legislation, there is effec- particularly in the area of training try has been published by the National tively no new money for teacher prepa- teachers, so that we are going to have Commission on Teaching in America’s ration. We are going to have level fund- a well-trained teacher in every class- Future, in September of 1996—‘‘What ing for title II of the Higher Education room in the country. Matters Most: Teaching for America’s Act. This is what is requested; $98 mil- Mr. President, it was only in Feb- Future.’’ There are many other studies lion was requested last year and $98 ruary of this year that the Wall Street and documents, but I think this is million for this year. So there is vir- Journal had an article on the front about as fine a document as we could tually no increase. There will be abso- page: have. In our Health, Education, Labor, lutely no new Federal participation in working with States and local commu- SCHOOLS TURN TO TEMP AGENCIES FOR and Pensions Committee, we relied on SUBSTITUTE TEACHERS. it very substantially, but not com- nities in terms of enhanced teacher re- cruitment—zero, none. Most school districts begin each day with a pletely. We had over 20 days of hear- nerve-racking hunt for substitutes to fill in ings on our elementary and secondary If you look at what is happening in for absent teachers. With a tight labor mar- education bill. Nonetheless, this docu- this last year, as this money is being ket making the task especially tough, a few ment was, I thought, very profound. expended in 2000, where the grants are are starting to outsource the job. Kelly Serv- The problem in making recommenda- being made, now, it is only the dif- ices Inc. unveiled the first nationwide sub- tions is about how to address them. I ference between $77 million and $98 stitute teacher program four months ago, will take a moment to read the major million because about 95 percent of the and now handles screening and scheduling flaws in teacher preparation: $77 million is carried through in 2- to 3- for 20 schools in 10 States. For new teachers, improving standards be- year programs. So the current situa- Mr. President, this is a national in- gins with teacher preparation. Prospective tion is that over a 2-year period, with dictment of policy out of the local, teachers learn just as other students do: by the demand for 2.2 million teachers, State, and Federal level, where we are studying, practicing, and reflecting; by col- our Federal response has been to pro- using the Kelly Services, which have laborating with others; by looking closely at vide $21 million to help States and provided professional secretaries and students and their work; and by sharing local communities go out and recruit office assistants, and now they are out what they see. For prospective teachers, this teachers, when we have a need for 2.2 kind of learning cannot occur in college there recruiting teachers to teach in million of them. That is effectively the schools for the children of this classrooms divorced from schools or in schools divorced from current research. wrong. We cannot do that. It is so im- country. We have to be more serious Yet, until recently, most teacher edu- portant, and I will come back to this. about this issue. We know what needs cation programs taught theory separately Let me just show you here what hap- to be done, and we ought to get about from application. Teachers were taught to pened. For the $77 million that we had, the business of doing it. teach in lecture halls from texts and teach- we had 366 total applicants, but only 77 We have a number of groups that sup- ers who frequently had not themselves ever applications could be funded. We had 5 port our amendment, which include the practiced what they were teaching. Stu- times the number of applications for American Association of Colleges for dents’ courses on subject matter were dis- the number of grants available. The de- Teacher Education, the Association of connected from their courses on teaching methods, which were in turn disconnected sire is out there. The interest is out Community Colleges, American Coun- from their courses on learning and develop- there. Parents and local communities cil on Education, the National Associa- ment. They often encountered entirely dif- want this kind of help and assistance. tion of Independent Colleges, the NEA, ferent ideas in their student teaching, which We are funding one out of five. And the AFT, Council of Chief State School made up a tiny taste of practice added on, this is what is happening, also: We are Officers, and others. without connections, to the end of their expecting $21 million in grants for this I ask unanimous consent that the course work. current year, zero for next year. We ex- full list of those supporting the pro- Mr. President, they made a series of pect that 11 applications will be funded gram be printed in the RECORD. recommendations about what we ought out of 141 total applications. That is There being no objection, the mate- to do. One was to reinvent teacher more than 12 times the number. People rial was ordered to be printed in the preparation and professional develop- across this country—States, edu- RECORD, as follows: ment. It included professional develop- cational centers, local communities— GROUPS THAT SUPPORT THE KENNEDY ment in the schools themselves. Also, want the help. One of the most impor- TEACHER QUALITY AMENDMENT it talked about the importance of men- tant aspects of education is having American Association of Colleges for toring. Those are two very important well-trained teachers. What I find so Teacher Education. features which have been left out in troublesome is the fact that we worked American Association of Collegiate Reg- terms of this underlying appropriations out a bipartisan effort in the Higher istrars and Admissions Officers. bill which were included in our author- Education Act of 1998, which is basi- American Association of Community Col- ization bill. leges. cally what this is all about. American Association of State Colleges Then, further, it goes on and says: It is about funding the provisions in and Universities. . . . fix teacher recruitment and put quali- the 1998 Higher Education Act. When American Council on Education. fied teachers in every classroom. we authorized the Higher Education American Federation of Teachers. That was one of the very strong com- Act in 1998, we had strong bipartisan Association of Jesuit Colleges and Univer- mitments that we had in our Demo- support. Efforts were led by Senators sities. cratic proposal, our Democratic com- REED, BINGAMAN, JEFFORDS, and Boston College. GREGG. Our goal was to create a pro- National Association of College and Uni- mitment for the Elementary and Sec- versity Business Officers. ondary Education Act—a commitment gram to address the Nation’s needs and National Association of Independent Col- to American families that we would to recruit better qualified teachers to leges and Universities. put a well-qualified teacher in every enter the classroom. Each day, we National Association of State Universities classroom in this country within 4 agreed on that basic principle. and Land-Grant Colleges. years. I hope our colleagues will agree to National Education Association. Look at what happened last year give it the full support it deserves. National PTA. across this country, where school dis- Senator DEWINE during the course of The California State University. the debate on title II: Clark University. tricts hired 50,000 unqualified teachers. Really, there is nothing more important in The College Board. This isn’t a problem of just 1996, this is regard to education than the teacher. Our Council of Chief State School Officers. a problem of the year 2000 and 2001. We children deserve to be taught by teachers Lesley College, School of Education. have to address it. University of California. So where are we in terms of these who really understand their subject, under- University of Massachusetts. stand the subject matter. recommendations that we took to I have worked hard to incorporate meas- Mr. KENNEDY. Mr. President, in heart in a very bipartisan way—which ures concerning good teaching into this bill. 1996, what is basically the most impor- I will come back to—in terms of our El- I want to thank Chairman Jeffords for the

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.007 pfrm01 PsN: S28PT1 S5946 CONGRESSIONAL RECORD — SENATE June 28, 2000 assistance that he has given me and the co- teachers will remain and work in these posted significant gains, becoming one of the operation in getting these sections incor- communities. top scoring states in the nation in math and porated into this very good bill. The Urban Teacher Challenge Report reading, despite an increase in the propor- Senator JEFFORDS: of January 2000: tion of students with special needs during that time. As its foundation, Title II embraces the no- One hundred percent of 40 urban school dis- tion that investing in the preparation of our tricts surveyed have an urgent need for That has impacted many of our com- nation’s teachers is a good one. Well-pre- teachers in at least one subject area. 95% of munities. Many of our communities are pared teachers play a key role in making it urban districts report a critical need for increasingly challenged with a wide ex- possible for our students to achieve the match teachers; 98% report a critical need in pansion of diversity that eventually, of standards required to assure both their own science; and 97% report a critical need in course, adds such extraordinary value well being and the ability of our country to special education. to these communities. But they ini- compete internationally. There it is. In urban areas across the tially put additional kinds of pressures Senator MCCAIN on July 8: country: No math, no science, no spe- on education institutions and other in- Another important component of this bill cial education. We are asking our- stitutions. That has been true in Con- is the establishment of a comprehensive pro- selves: What can we do as a nation to necticut, and it has been true in my gram promoting statewide reforms to en- try to make a difference for children in own State of Massachusetts. hance the performance of teachers in the our country? I don’t know how many classroom by improving the quality of teach- What does this report say? The report er training. Having professional, well-trained more studies we have to have. I am not says that when you have sizable invest- teachers is an essential component for ensur- saying if you just pour buckets of ments and intensive recruitment ef- ing that our children achieve high edu- money, it is going to solve the prob- forts and initiatives to improve cational standards. lem. But one thing we know is that preservice teacher educating, licensing, Senator SMITH of Oregon: without the investment of resources in beginning teacher mentoring, and on- By improving the quality of teacher train- these areas, we are not going to solve going professional development, you ing and recruitment, increasing the pur- it either. see dramatic increases in the quality of chasing power of students through Pell My colleagues will speak about other education for these children. grants and other forms of student assistance, aspects. But we need investment in I think that would be fairly self-evi- and by improving access to higher education terms of recruitment and professional dent for people in this Chamber to un- for students with disabilities, this legislation development and in terms of men- provides opportunity for the young people of derstand. We certainly understood it in toring. the Health, Education, Labor and Pen- our Nation to seek a higher education. Listen to the results of some of these The list goes on and on. It keeps sions committee. It was understood studies. there. As I pointed out, there is broad going on, with the exception to stop ‘‘Teacher Quality and Student Achieve- when it comes to putting funding into bipartisan support for those particular ment’’, Linda Darling-Hammond, December provisions. these kinds of commitments. 1999: The states that repeatedly lead the na- These are efforts that have been tion in math and reading achievement have We find that the various studies—I made in a bipartisan way to try to get among the nation’s most highly qualified mentioned just a few of them—are an effective program and partnership teachers and have made long-standing in- compelling and convincing, and those with the State and local communities. vestments in the quality of teaching. The who wrote those studies made presen- Effectively, we are zeroing this out. We top scoring states—Minnesota, North Da- tations which were compelling. Others, kota, and Iowa, recently joined by Wis- had $21 million provided for this last in response to those measures, indi- consin, Maine, and Montana—all have rig- cated they were compelling. year. That is wrong. orous standards for teaching that include re- I see Senator REED. I understand I Research shows that the national quiring extensive study of education plus a need for high-quality teachers is grow- major in the field to be taught. By contrast, only have 10 minutes left. I yield my- ing: states such as Georgia and South Carolina, self 3 more minutes. Doing What Matters Most: Investing where reform initiatives across a comparable Let me point out exactly what this in Quality Teaching, November 1997: period focused on curriculum and testing but amendment does. invested less in teacher learning, showed lit- Nationally, relatively few teachers have My amendment increases the appro- tle success in raising student achievement access to sustained, intensive professional priation for the Teacher Quality En- within this timeframe. development about their subject matter, hancement Grants from $98 million in teaching methods, or new technologies. Do we have that? What are the con- the underlying FY2001 Labor, Health National Center for Education Serv- clusions? If you invest more in quality and Human Services, and Education ices, The Baby Boom Echo Report, 1998: teachers and recruiting, and providing appropriations bill to the full author- An estimated 2.2 million teachers will be and keeping professional enhancement ization level of $300 million to enable needed over the next 10 years to make up for and mentoring, you are going to have much greater participation in this a large number of teachers nearing retire- the corresponding results in enhanced vital program to improve teacher prep- ment and rapid enrollment growth. academic achievement. aration and recruitment. One thing is for sure: They are not That is what these reports show. If This increase in appropriations from getting them in here. The Federal Gov- you do not do this, and spend the $98 million to $300 million will help ernment is AWOL on that issue of edu- money in other ways, which you could fund over 100 additional partnerships. cation. do with the general funds—which I The Teacher Quality Enhancement What matters most is teaching for would call the block grant way—you Program provides three types of grants America’s future. find that you are failing the children in to improve teacher training and re- The National Commission on Teach- those particular areas. cruitment: ing and America’s Future found that 1996 Mathematics Report Card for the Na- One, local partnership grant to im- more than 50,000 people who lack the tion and the States, and 1994 Reading Report prove teacher training; two, State training for the job enter teaching an- Card for the Nation and the States (National grants are to implement statewide Assessment of Education Progress): Over the teacher reform efforts; and three, local nually on emergency or provisional li- last decade of reform, North Carolina and censes. And, 30–50% of teachers leave Connecticut have made sizable investments partnerships for State grants to focus within the first three to five years. In in major statewide increases in teacher sala- on innovative teacher recruit pro- urban district, the attrition rate can be ries and intensive recruitment efforts and grams. 30–50% in the first year. initiatives to improve preservice teacher The teacher quality enhancement That is what is happening. You get education, licensing, beginning teacher men- grants support local partnerships them in there, and they leave, unless toring, and ongoing professional develop- among teachers, institutions, and local you have some very important ment. Since then, North Carolina has posted schools to help improve in many ways changes, such as providing skills for among the largest students achievement the quality of teachers entering the gains in math and reading of any state in the teachers who will be working with nation, now scoring well above the national classroom. By increasing the coopera- newer teachers in situations involving average in 4th grade reading and math, al- tion between college programs that mentoring, where we have seen these though it entered the 1990s near the bottom prepare new teachers in the schools figures change dramatically and where of the state rankings. Connecticut has also that hire the teachers, teachers obtain

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.005 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5947 the effective training they need to science, history, or mathematics. They which is not questioned by anyone, evi- teach in classroom settings. The pro- also have to understand how to inte- denced by a 96–0 vote in this Chamber spective teachers have more opportuni- grate technology, which is at the key approving the program: We have to en- ties to observe successful veteran of most of the breakthroughs in edu- hance the quality of teachers in this teachers and obtain feedback. cation in the United States today. country. We can’t do it just with admo- I urge the Senate to support this They have to be able to deal with a nitions. We can’t do it just with senti- amendment to increase the funding for diverse population of students, some ments. We have to do it with dollars. this critical program so more of the with limited English proficiency, some We have a program that works. We Nation’s schools and communities can who are coming from cultures much have a popular program. We just don’t improve teacher training programs. different from the culture in which the have the resources. Senator KENNEDY’s The Nation’s children deserve no less. teacher grew up. amendment, which I am proud to co- Under the current proposal in the All of this necessitates significant re- sponsor, will give us the resources to Senate, there is no new money for form in our educational practice. That do the job. teacher preparation level for title II. is why, in the Higher Education Act, I I thank the Senator. I yield back the There is minimal increase in the Eisen- worked closely with my colleague, Sen- remainder of my time. hower program, which effectively had ator KENNEDY, and others to develop The PRESIDING OFFICER. The Sen- been block granted in the Elementary partnerships between teacher colleges ator from Pennsylvania. and Secondary Education Act, so it and elementary and secondary Mr. SPECTER. Mr. President, the may disappear completely. There are schools—real partnerships where aspir- bill which has been reported out by the no funds for mentoring or recruitment. ing teachers can get the clinical expe- Appropriations Committee appro- I think the bipartisan program that rience, and the other things necessary priates some $40.2 billion to education passed out of our human resources to be prepared for today’s classrooms. funding, an increase of $4.6 billion over committee on higher education consid- It is similar to the model of physician last year. This bill has $100 million ered these various measures and had training. We would never send a physi- more than the President asked for. We bipartisan support. I think we ought to cian into an operating room simply have assessed the priorities as the sub- give life to those recommendations. with a few lectures on theory. It is committee saw them and as the full That is what this amendment does. practice, practice, practice, before they committee saw them and have made I withhold the remainder of my time. are allowed to operate. It should be the very substantial increases in very The PRESIDING OFFICER (Mr. same for teachers. many important accounts. HUTCHINSON). The Senator from Penn- We can’t do that unless we fully fund For example, on the title I grants, sylvania. the teacher quality grants. They cover there is an increase of $394 million, Mr. SPECTER. Mr. President, I pre- the spectrum. First, they provide the bringing the total to $8.3 billion. On fer to hear the balance of the argument opportunity for these partnerships to the 21st Century Afterschool Program, of the proponents of the amendment develop. Second, they support state- there is an increase of $146 million, before responding. wide reforms. Third, they allow for re- coming to $600 million. On special edu- How much time remains? cruitment of teachers, particularly to cation, where we have made an ex- The PRESIDING OFFICER. The Sen- reduce shortages of qualified teachers traordinary effort to try to have the ator from Massachusetts has 8 minutes in high-need school districts. Federal Government meet its obliga- remaining. The Senator from Pennsyl- We will need 2 million new teachers tion, we have made an increase of $1.3 vania has 30 minutes remaining. over the next 10 years because of the billion to $7.3 billion. On title VI inno- Mr. KENNEDY. I yield 5 minutes to changing population of teachers, retir- vative education State grants, we had the Senator. ing teachers who are leaving, and the an increase—this was considered so im- The PRESIDING OFFICER. The Sen- increase of our student population en- portant—from $400 million to $3.1 bil- ator from Rhode Island. tering first grade and kindergarten. lion. On Pell grants, we had an increase Mr. REED. I thank Senator KENNEDY Look at any urban school district in of $350, to $3,650, a very important for yielding and for sponsoring this this country, and you will see they are grant program enabling people to go to amendment. He has grasped the most suffering severe teacher shortages. Re- college. On the higher education pro- critical aspect of educational reform in cruitment is necessary. grams, we had an increase of $165 mil- the United States today—improving We also need to stimulate partner- lion to $1.7 billion. the quality of teachers. He has simply ships that are so essential between col- The amendment which the Senator brought forward the bipartisan, unani- leges of education and elementary and from Massachusetts has offered is a mous consent we reached in the Higher secondary schools. very worthwhile amendment. I do not Education Act amendments of 1998 Last year, $77 million was available deny that for a moment. If we had where, in the vote of 96–0, we passed for new grants. Mr. President, 366 ap- more funding, I would be glad to see us the teacher quality enhancement plications were received—a huge re- increase the money in that account by grants program. We authorized a mag- sponse—from States and local school what the Senator from Massachusetts nificent program on a unanimous vote, districts. This is a popular program. would like to have. But the difficulty is but we have failed to fully fund it. If The Department of Education could that we have assessed the priorities. we have the plan, but not the money, only fund 77: 25 local partnerships, 24 We have stretched the subcommittee we are not going to succeed. State grants, and 28 teacher recruit- allocation to $104.5 billion. That is the Senator KENNEDY is simply saying, ment grants. Rhode Island, I am proud maximum amount which could be ob- we have a good plan, let’s put the re- to say, got a State grant and is using it tained, consistent with the wishes of sources behind it. very well. our caucus. In fact, that is stretching We understand we need to have high- This year, however, only $21 million the matter. quality teachers to meet the challenges was available for new grants. There Last year, we lost some 20 members of the 21st century classroom. These were 141 applicants, but the Depart- of the Republican caucus of 55 because challenges are different from 50, 30, 20, ment of Education estimates they will there was too much money in the bill even 10 years ago. It is no longer suffi- only be able to fund 11 grants—1 in 12. as it was viewed on our side of the cient for a student to go to a teacher The need is there and the plan is there; aisle. But we have come in here with college and learn about pedagogy and the resources are lacking. That is why $104.5 billion and made allocations as then go into the classroom. They need we are here today. we see fit, as we assessed the priorities. to have clinical exposure. They must We want to fully fund this program Regrettably, I could not be on the have real-life experiences in the class- up to the authorized total of $300 mil- floor yesterday to debate the Wellstone room before they become new teachers. lion, creating an additional 100 part- amendment and the Bingaman amend- They also have to understand their nerships, State and recruitment ment and the Murray amendment be- subject matter. Technique is one as- grants. This will help meet the demand cause I was busy on a Judiciary Com- pect, but it can’t substitute for de- and do the one thing that is so critical mittee hearing where I have the re- tailed knowledge of the subject—be it to education reform in this country, sponsibility to chair the subcommittee

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.015 pfrm01 PsN: S28PT1 S5948 CONGRESSIONAL RECORD — SENATE June 28, 2000 on the Department of Justice over- body is going to offer an amendment prove the quality of education, and do sight. If time permits today, I am for more money. it in a program that has strong bipar- going to talk a little bit about that. I said last year, in voting against the tisan support, that is what this is But when Senator WELLSTONE offered add-ons, that I had cast more difficult about. That is really what is at issue. an amendment for $1.7 billion to in- votes that I did not like in the 4 days With regard to our program, in the crease title I funding, I would, frankly, I managed this bill than I had cast in legislation, the national commission, like to see that funding done. Title I is the previous 18 years I had been in the they say: very important, but I had to vote Senate because I am a firm believer in We recommend that colleges and schools against it because it is a matter of as- education. work with the States to redesign teacher sessing the priorities. In the Specter household, my parents education so that the 2 million teachers When Senator BINGAMAN offered a had very little. My mother went to the hired in the next decade are adequately pre- $250 million increase, again on title I, eighth grade; my father, an immigrant, pared. it was very meritorious. There is no had no formal education. My brother Then they list the various criteria: higher priority, in my opinion, than and two sisters and I have been able to . . . stronger disciplinary preparation, education. The only priority which share in the American dream because greater focus on learning, more knowledge equals education is health care. of educational opportunity. I have been about curricula, greater understanding of The allocations which our sub- on this subcommittee for my entire special needs, multicultural competence, committee has made have to take into preparation for collaboration, technological tenure in the Senate, and I am doing skills, and strong emphasis on reflection. account education and health care. We everything I can to promote education have increased the funding very mate- in America so everybody has the max- Those have all been incorporated in rially on the National Institutes of imum opportunity. our underlying amendment, which we Health and on drug rehabilitation pro- I would like to spend more money on are trying to fund. That is why it had grams and on school violence pro- teacher recruitment, teacher develop- the strong bipartisan support. Without grams—all of which have to come out ment, but it cannot be done within the this amendment, we have, effectively, of the overall funding of $104.5 billion. confines of the very enormous alloca- flat funding. In our appropriation pri- Senator MURRAY offered an amend- tion we have at the present time. orities, we are saying to the American ment on class size, wanting to add $350 Mr. President, how much time do I people that we are not going to fund re- million. She disagreed with what the have left on the 30 minutes? sources to provide the best teachers in committee has done on the sub- The PRESIDING OFFICER. The Sen- the classrooms of America. I think we committee recommendation, meeting ator has 22 minutes remaining. ought to be able to do so. the President’s request for $1.4 billion Mr. SPECTER. I yield the floor. Mr. SPECTER. Mr. President, how for teachers to reduce class size. But The PRESIDING OFFICER. The Sen- much time remains on my side? we added a provision, if the local ator from Massachusetts. The PRESIDING OFFICER. The Sen- school districts want to use it for Mr. KENNEDY. Mr. President, I ator from Pennsylvania has 22 minutes something else, they could get their thank the Senator for his comments remaining. share somewhere else. and his explanation. But the fact re- Mr. SPECTER. Mr. President, with So we come now to the amendment mains, these allocations are within a respect to the argument on education, which is pending. It was just author- context about how we are going to allo- it is a matter of priorities. We have a ized in 1997–1998. There was no appro- cate resources in the Federal Govern- very extensive allocation of $104.5 bil- priation for support for teacher quality ment. This explanation we heard is in lion. Much as I would like to see addi- and professional development in 1998. the context of a 10-year, $792 billion tax tional funding for teacher training and In fiscal year 1999, there was an alloca- cut. If we did not have the $792 billion teacher recruitment, it is simply a tion of $77 million. It went up last year tax cut, we would have the opportunity matter of priorities. I am constrained to $98 million. It is true, the funding to do more. to oppose the amendment by the dis- has leveled. I personally believe this is a higher tinguished Senator from Massachu- I heard the Senator from Massachu- priority. I think most of us on this side setts. setts say this funding is an indictment. of the aisle believe that it is a higher INDEPENDENT COUNSEL That is just a figure of speech, but if it priority than having a tax cut and put- Mr. SPECTER. Mr. President, in my is an indictment, the President is in- ting on the squeeze, in terms of im- remaining time, or at least in a portion cluded as well as the Appropriations proving quality of education. That is of it, I think it worthwhile to comment Committee because that is the Presi- philosophical and that is decided in on the very extensive hearing which dent’s request. The President has al- this body, where the majority are the was held by the Judiciary Committee ready issued a veto threat on the bill Republicans and where they have had yesterday on the issue of independent because he doesn’t like our allocations the votes in order to be able to do that. counsel because the matter is now and our priorities. But the last time I But that is the harsh truth. pending before the Attorney General of read the Constitution, the Congress has The fact is, in more recent years, be- the United States as to whether inde- the appropriations responsibility. Cer- tween 1980 and 1999, we are finding out pendent counsel ought to be appointed. tainly the President has to sign the the support for elementary and sec- The subcommittee on the Depart- bill, or we can have passage over the ondary education is falling down, and ment of Justice oversight has con- veto, but we have established the prior- in higher education it is falling down. ducted extensive hearings. Even before ities. On this matter of teacher quality Against that background, we have the subcommittee began its hearing and professional development, we have the explosion of the number of children process, this is an issue which I raised met the President’s figure. who are going on to schools, K–12 with the Attorney General on judiciary I approached the Senator from Mas- schools. These are the numbers—54 oversight more than 3 years ago in sachusetts for some light talk before million. I don’t think we can do busi- April of 1997. At that time, I raised the the amendment was offered. I said: ness as usual. I don’t think it is a mat- question of hard money and have con- Senator KENNEDY, how much money do ter of shifting priorities from here to sistently called for an investigation. we have to have in the bill so as to pre- there on this matter, and shuffling the We had the Chairman and Vice Chair- clude a Kennedy amendment to add debt. I respect the Senator from Penn- man of the Federal Election Commis- money? I ask him that every year. I sylvania’s strong commitment to edu- sion testify a week ago today on cur- want to know what the answer is next cation and health. There is nobody in rent complaints which have been stat- year, so we can bring a bill, hopefully, this body who doubts it. But we are ed by Common Cause and by Century which would have sufficient money. talking about the broader issue, and 21, that both political parties ought to But if it is $1.4 billion for class size, that is, given the announcement yes- be investigated for abuses on soft someone is going to offer an amend- terday that we are going to have a $750 money and for coordination of soft ment for more money. Senator MURRAY billion surplus in addition to what was money with their campaign accounts. I did so, for $350 million more. Whatever expected, whether we are going to be have long contended that the inves- the amount of money we put in, some- able to find some $300 million to im- tigations ought to be as to both parties

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.017 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5949 on a bipartisan or on a nonpartisan The Attorney General serves at the refreshes their recollection, the person basis. pleasure of the President who appoints may testify from the notes on the ap- The issue, as I say, was raised first in her and is obviously very close to the proach of current recollection re- April of 1997. FBI Director Freeh then President and to the Vice President. freshed. It does not rule out what his made a request for independent coun- Attorney General Reno further said notes had on prior recollection re- sel. That recommendation to the At- at her confirmation hearing: corded, even though he could not re- torney General was in November of The credibility and public confidence en- member it. That was some very impor- 1997. Charles LaBella, who was ap- gendered with the fact that an independent tant evidence. pointed by the Attorney General as and impartial outsider has examined the evi- In addition, the Vice President re- special counsel, made a similar request dence and concluded prosecution is not war- ceived 13 memoranda from Harold for independent counsel in July of 1998. ranted serves to clear a public official’s Ickes who was involved and running Within a week after the Freeh report name in a way that no Justice Department the campaign. Those 13 memoranda re- was issued, I asked for a copy and was investigation ever could. cited hard money. The Vice President denied that. Within a week after the She quoted from Archibald Cox who said he did not read the memoranda. LaBella report was issued, I requested said: That is a question which would call for a copy and was denied that. We finally The public could never feel easy about the further investigation. received those documents when Judici- vigor and thoroughness with which the in- The memoranda were put in his in ary Committee subpoenas were issued, vestigation was pursued. Some outside per- box. And a secretary testified that the returnable on the 20th of April. son is absolutely essential. input was culled very carefully to keep Then it came to light when Vice It is in that context that the evi- out extraneous matters. But the Ickes President GORE announced that he had dence was examined in our hearing yes- memoranda always went in. been questioned by the new chief of the terday as to whether independent coun- Then the Vice President further said task force, Robert Conrad, that the sel should have been appointed as to that: The subject matter of the memo- matter was still open. Somehow, not- the Vice President and as to the Presi- randa would have already been dis- withstanding the fact that the Vice dent as well. closed in his and the President’s pres- President had been questioned on four As to the Vice President, the issue ence. prior occasions, no questions were ever arose about the veracity of statements The Vice President further conceded, asked on two matters which had re- which he made about telephone calls in interviews with the FBI—he ac- ceived very substantial publicity: the raising hard money from the White knowledged that he had ‘‘been a can- Hsi Lai Buddhist Temple fundraiser House. If the money was so-called soft didate for 16 years and thought he had and the issue of coffees in the White money, it was not a contribution and a good understanding of hard and soft House. not covered by the act. But if it was money.’’ As a result of the investigation of the hard money, then there could be a vio- It is important to focus on the fact judiciary subcommittee, we deter- lation of the act. The Vice President that the matters presented to the At- mined that Mr. Conrad had made a rec- was questioned about that and said he torney General are not such that would ommendation to the Attorney General did not raise hard money, did not know warrant a prosecution, but only that again for independent counsel, just like that hard money was to be raised. the matters call for further investiga- the LaBella recommendation, just like I questioned the Attorney General at tion. The independent counsel statute is the Freeh recommendation. Mr. Conrad some length about the specifics which very carefully structured so that the testified before our subcommittee a had been produced. For example, there Department of Justice does not do very week ago today and declined to respond were four witnesses who testified that much. The Department of Justice only to questions about that matter. It was at a meeting on November 21, 1995, makes a preliminary inquiry, and then, my judgment that it was a matter for hard money was discussed, certainly in the language of the statute, ‘‘The the public to know. The public had a probative raising the inference that if a Attorney General, on completion of a right to know. There was a necessity Vice President is at a meeting where for the public to know if we were to preliminary investigation, determines hard money is discussed, he knew he that there are reasonable grounds to have accountability by the Attorney was raising hard money or that hard General. As is the established custom believe that further investigation is money was the objective. warranted.’’ as a subcommittee chairman, I made Leon Panetta, White House Chief of that public disclosure which was in ac- The others who were present at the Staff, was very blunt about his testi- meeting, who ‘‘did not recall,’’ should cordance with our practice and some- mony that the Vice President was thing where there was solid justifica- have been called before a grand jury, there and listening and said the pur- which the Attorney General cannot do tion for doing so. pose of the meeting was ‘‘to make sure In the hearing which we had with the on her preliminary inquiry. That is to they’’—the President and Vice Presi- Attorney General yesterday, it had keep the Department of Justice really dent—‘‘knew what the hell was going been scheduled long before the disclo- out of it, but to turn it over to an inde- on.’’ sure was made that Mr. Conrad had pendent counsel at an early stage. The Attorney General and I had a made a recommendation of inde- The Attorney General did say yester- protracted discussion about the fact pendent counsel. We went over with day that they did not submit this to a that she discounted the evidence from the Attorney General quite a number grand jury. Certainly that is the next David Strauss who was the deputy of factors, starting with the state- step. When witnesses are questioned, it Chief of Staff for the Vice President ments which Attorney General Reno is one thing, but it is quite another to who had made contemporaneous notes had made during her confirmation come into the formality of a grand at this November 21, 1995, meeting: hearing in 1993. jury, under oath, and to be asked ques- The Attorney General—then not the ‘‘Sixty-five percent soft, 35 percent tions. That is why there is the provi- Attorney General but the district at- hard.’’ sion for further investigation. torney of Dade County in Miami, FL— Mr. Strauss said he could not remem- The Attorney General testified yes- came in and asked for our support and ber. Notwithstanding that, the law of terday, relying on her submission to our votes, and I voted for her in the Ju- evidence is conclusive that if there is the court declining the appointment of diciary Committee and on the floor, in prior recollection recorded and a con- independent counsel, that ‘‘the Govern- part because of her strong stand that temporaneous record made, that is evi- ment would have to prove beyond a the Independent Counsel Act was an dence which can go before a grand jury reasonable doubt.’’ That said, the important act. She said this during her or before a court. standard for further investigation for confirmation hearings: The attorney said he did not remem- appointment of independent counsel ber, even after he looked at his notes. It is absolutely essential for the public to does not involve proof beyond a reason- have confidence in the system, and you can- That raises an evidentiary report of able doubt, it is only that there is rea- not do that when there is a conflict or an ap- prior recollection refreshed, and that is son to have a further investigation. pearance of conflict in the person who is, in evidence. Even if a person does not now I shall not characterize the Attorney effect, the chief prosecutor. remember, if they had notes and that General or draw conclusions at this

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.026 pfrm01 PsN: S28PT1 S5950 CONGRESSIONAL RECORD — SENATE June 28, 2000 stage, but only lay out the facts and His response: matters before. But what is to be done suggest that on the face of the very Although it was not my practice to go to at this stage? substantial materials produced, further any of these coffees, there may have been All of this leads to a conclusion that investigation was required and inde- one that I attended briefly. there ought to be some form of judicial pendent counsel should have been ap- The Vice President’s lawyer then review on the Attorney General’s judg- pointed. submitted a letter 2 days later, saying: ment on an independent counsel. I had Mr. President, how much time re- As best we can determine from the Vice tried for a long time to have a man- mains? President’s schedule, he was designated to damus action brought to take it for ju- The PRESIDING OFFICER. The Sen- attend four White House coffees. The Vice dicial review to see if an independent ator has 9 minutes remaining. President hosted approximately 21 coffees at counsel should have been appointed Mr. SPECTER. Mr. President, the the Old Executive Office Building. under the mandatory provisions of the subject then arose as to what were the Here again, those matters require statute or the discretionary provisions factors related to the famous fund- further inquiry. where there was an abuse of discretion. raiser at the Hsi Lai Buddhist Temple Mr. President, how much time re- The problem was one of standing. on April 29, 1996. mains? It would be my recommendation to The Vice President had received an e- The PRESIDING OFFICER. The Sen- the subcommittee that the sub- mail from his scheduler asking whether ator has 5 minutes remaining. committee recommend that there be there should be another stop on the Mr. SPECTER. Mr. President, I provision for standing to the Judiciary April 29 itinerary on top of the ‘‘two raised a question with the Attorney Committee to bring an action for judi- fundraisers in San Jose and LA.’’ General as to why the Department of cial review to have a court determine The Vice President responded: Justice went to ask the Vice President whether an independent counsel should If we have already booked the fundraisers, these questions on April 18. The appar- then we have to decline. be appointed because of an abuse of dis- ent reason was that the subcommittee cretion by the Attorney General or be- But the Vice President said he did had finally gotten subpoenas out to get cause of mandatory provisions of a new not know there were any fundraisers, the Freeh and LaBella memoranda re- statute. This will be a very construc- that the Hsi Lai Temple was a fund- turnable on April 20. tive result, so we do not find ourselves raiser. So the subcommittee would soon find in a situation where these questions Then Harold Ickes sent the Vice out that the Vice President had never President a memorandum on April 10 linger for more than 3 years and cannot been questioned about the Buddhist identifying the Los Angeles fundraiser really be resolved before the conven- temple fundraiser or about the coffee which would raise $250,000 and a supple- tions and so that the Democratic Party klatsches and that, in fact, the Depart- mental memorandum on April 25 say- would know who their candidate ought ment of Justice was embarrassed by ing the Los Angeles fundraiser would to be or what baggage that candidate that omission. raise up to $325,000. Within 24 hours of would have. I believe the Attorney General did a receiving this memorandum, the Vice How much time remains, Mr. Presi- substantial disservice to the Vice President was given briefing materials dent? President in failing to have these mat- from the Democratic National Com- The PRESIDING OFFICER. The Sen- ters resolved one way or another at an mittee informing him that the DNC ator has 30 seconds remaining. early stage. luncheon he would attend on April 29 Mr. SPECTER. I reserve the remain- I said at the outset, last Thursday, was at the Buddhist temple. der of my time. During the course of the event, two when I discussed the matter as to the The PRESIDING OFFICER. The Sen- of the guests who ate lunch with the Conrad recommendation for inde- ator from Nevada. Vice President talked about fund- pendent counsel, that there is a sharp Mr. REID. Mr. President, I ask unan- raising. Witnesses there said—‘‘One distinction between the level of infor- imous consent to speak for up to 15 speaker commented that they had mation evidenced to call for an inde- minutes. raised x amount of dollars.’’ And an- pendent counsel’s investigation and the The PRESIDING OFFICER. Without other witness at the luncheon said that level to return a criminal prosecution. objection, it is so ordered. a speaker took the podium and reas- I raised a question with the Attorney The Senator from Nevada. sured the assembled guests that they General yesterday that her failure to Mr. REID. Mr. President, I follow had ‘‘doubled checked’’ and it was ‘‘OK act on these matters in 1997, and when boxing. When I was a younger man, I to give contributions at the Buddhist Director Freeh called for an inde- did some boxing of my own. temple.’’ pendent counsel in 1998, and when One of the things I remember more So here again, there are substantial LaBella called for an independent than anything else regarding fights is indicators which certainly would call counsel, has now put the 2000 Presi- when Evander Holyfield fought Mike for going forward with independent dential elections in some state of con- Tyson. You remember the famous fight counsel. troversy. These matters should have where they were in the ring and sud- Then the question was raised about been cleared up. Why the questioning denly Mike Tyson was chewing and bit- the coffees which raised more than $26 on April 18? ing on Evander Holyfield’s ear. That million. When the Vice President was If independent counsel is appointed was unfair. It was unnecessary. Mills questioned about the coffees—and the now, can there possibly be a determina- Lane, the referee, said: You shouldn’t Vice President released the tran- tion to clear the Vice President before do that. script—he said: the Democratic convention in August? They come out again. He does it Question: It seems highly unlikely. again. In terms of a fundraising tool, what was If independent counsel or special I feel, with all due respect to my the purpose of the coffees? counsel is appointed now, is there time good friend from Pennsylvania, that His response was: to resolve the matter before the gen- that is kind of what has happened here. I don’t know. eral election? It seems highly unlikely. The two leaders want to speed up this Then he was asked: So that by delaying, it really is too very important bill. The minority will With respect to raising $108 million, did late, at this point, to have special do everything we can. We have agreed you have discussions with anybody con- counsel. And that is a responsibility to a time when the amendments could cerning the role coffees would play in raising which falls squarely with the Depart- be filed. We have agreed that I will that type of money? ment of Justice and the Attorney Gen- work, as other members of this con- The answer of the Vice President: eral for failing to appoint independent ference will, to have some of the Well, let me define the term ‘‘raising.’’ counsel in a timely manner. amendments disappear. The majority Shades of what ‘‘is’’ is. It is puzzling why the matter would leader wants to finish this bill today. Later, he was questioned: be reinvestigated and re-inquired into Instead, we have an anti-GORE cam- You had indicated earlier you may have at- on April 18. The reason is obvious—so paign speech coming from nowhere. tended one coffee. What were you talking they would not be further embarrassed If we want to do something about about? by not having asked about these two campaign finance, why don’t we do

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.028 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5951 something in the Senate Chamber such help the political process, let’s do that, time in the last few days in the Judici- as trying to outlaw campaign soft rather than gin up all this stuff that is ary Committee. Is that fair? money? That would be a good step to so patently political from my friend Mr. DURBIN. Mr. President, I was on take. We have been trying for years to from Pennsylvania that anybody could the Judiciary Committee assignment have campaign finance reform. We see through it. and Government Affairs assignment in have narrowed the issues. We will now This is simply an effort to hurt AL the last Congress, and I sat through lit- just take doing away with soft money. GORE in his election against George W. erally 1 whole year of this under Chair- We will take that. But, no, we are pre- Bush. That is all it is about. Let’s call man THOMPSON. vented from having a vote on that. it the way it is. You can dress it in all Mr. REID. Well, I didn’t. I can only Why? Because the majority won’t let kinds of clothes and be very self-right- comment on what I read in the papers. us vote on it. So we have an anti-GORE eous about all this, but the fact is, this But I know when somebody’s ear is bit- campaign speech today by the manager a campaign speech and a campaign ef- ten, as Tyson did to Holyfield, and it is of this bill. fort to hurt Vice President GORE. unfair; that is what happened here I don’t serve on the Judiciary Com- Let’s talk about Vice President today. I am not a member of the Judi- mittee. I can’t answer all the questions GORE. He also is an honest man, has a ciary Committee, but I am not going to that have been asked. I read the news- wonderful family; he is a religious let this go on being unannounced. We papers. man. are on a Labor-HHS bill, and we are We know that the Attorney General Now we have the ‘‘bite on the ear’’ getting a lot of pressure to do some- is an impeccably honest person. For ex- this morning. I don’t know how much thing about it. Here we have a cam- ample, when she was the chief law en- we can take over here. We have worked paign speech in the middle of this bill, forcement officer of Dade County, very hard to move along the appropria- and that isn’t fair. Mr. DURBIN. Mr. President, if I Miami, she would go to a car dealership tions bills. The majority leader said: might address the Senator from Ne- to buy a car and would pay only the Work with us on these appropriations vada through the Chair, the situation bills. It would be the right thing to. sticker price on the window. She didn’t we saw yesterday is clear evidence that We believe it is the right thing to do want anyone thinking she was getting we are in the campaign season. Instead also. But we need the majority to go some kind of a special deal from the of dealing with issues that many of us halfway. Do we now want Senators car dealership. No one can question the think are critical for families, such as coming in here all day debating this? veracity of Janet Reno. She is an hon- prescription drugs and gun safety legis- est woman and has been a good Attor- We have Senator LEAHY. We could have lation, we are instead talking about ney General and has called things the him come. He is ranking member on further investigations. way she believes they should be. the Judiciary Committee. He would be I think there is a point where this I don’t know anything about Conrad, happy to come over and spend an hour Congress is expected to legislate rather other than he donated money to JESSE or two talking about what went on in than investigate. The closer we get to HELMS. The only donation he has made the Judiciary Committee. We could the election, I think the more the in his life was to JESSE HELMS. I also have BOB TORRICELLI come over and American people discount some of the find it interesting that this came out spend an hour or two. He is articulate; rhetoric they are hearing on this issue. as a result of a leak, a leak from sup- he could do that. Is that what we want Mr. REID. Well, if we want to do posedly secret information. to happen today or do we want to go some work on this issue, then we will Then my friend from Pennsylvania ahead with the Labor-HHS bill, a very spend the day doing it on this issue, if has the audacity to talk about an inde- important bill for the country? that is what the majority wants. Or, as pendent counsel. We have had our fill I know the Presiding Officer believes I say, I make an invitation: If we want of independent counsels, majority and strongly in the defense of this country. to do something constructive about minority. We don’t want anymore. We should do the Defense authorization campaign finance reform, let’s pass They have harassed and berated Presi- bill. We can’t do the Defense authoriza- what the House did last night and do it dent Reagan, President Clinton. Inde- tion bill because it is tied up with cam- before the Fourth of July recess. Let’s pendent counsel is out. Remember, we paign finance reform. If we did 527s, make a goal when we get back, in that didn’t reauthorize that. Of course, we Senators MCCAIN and FEINGOLD would 3-week period, that we get rid of soft can, because the law was in effect be happy to move on to another issue money, that corrupting influence on about the period of time the Senator and allow us to complete the Defense political campaigns. from Pennsylvania was talking about. authorization bill. A lot of items could Early in this century, there was a de- We could have another independent be completed in the Senate. The minor- cision made by the Congress that we counsel, and maybe they could break ity needs a little help to move these would not have soft money, corporate the record of some of the others. For things along. We can’t be burdened, money, in Federal elections. The Su- example, Walsh, he was at $50 million come Thursday afternoon or Wednes- preme Court turned that on its head or thereabouts. We have had a tag day night late, with: Why aren’t we and now soft money is the money of team on the Whitewater stuff. We will moving this bill along? We are not get- choice, putting millions of dollars in probably break all records there. It will ting cooperation. these Federal elections. That is the in- probably be about $75 or $80 million by With regard to the work we have vitation I make to the majority. Let’s the time that is finished. We all should ahead of us on this bill, right now we do 527 tomorrow and do soft money be a little suspect that this great con- have 88 amendments on the Democratic when we get back. I know my time is gone. I want to cern has taken place 4 months before side—I don’t know how many on the move on with this bill. But the choice the election. Republican side—to try to get rid of be- is that of the majority as to what we To advance campaign finance reform, fore we are able to complete the bill. are going to do. Are we going to do ap- the House, in a bipartisan fashion, as That takes a lot of time. I don’t think propriations bills? Are we going to de- they did last year, passed a bipartisan we should be diverted with this phony bate what went on in the Judiciary campaign finance bill that we had bur- campaign finance issue, an attempt to Committee for the last several days? ied over here; it went no place—late at interject it into the Presidential race 4 The PRESIDING OFFICER. All time night passed a campaign finance bill to months before the election. has expired on the Kennedy amend- outlaw 527s. These are the secret com- I think the majority leader has to ment. mittees that are formed. You don’t make a decision. Are we going to spend Mr. SPECTER. I believe I have 30 sec- have to list how much money you give, the day on campaign finance? We onds left. who gives it, or why they give it. You would be happy to do that. What went The PRESIDING OFFICER. The Par- list nothing. They are secret. The on in the Judiciary Committee, we will liamentarian says there is no way to House, in a bipartisan fashion, out- come over and talk about it if that is reserve that 30 seconds of time. All lawed that yesterday. what they want to do. I see my friend time did expire. Why don’t we do that same thing in from Illinois, a member of the Judici- Mr. SPECTER. Mr. President, I ask the Senate before the Fourth of July ary Committee. I think he has some- unanimous consent to speak for 1 recess? If we want to do something to thing to say. I think he spent some minute.

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.030 pfrm01 PsN: S28PT1 S5952 CONGRESSIONAL RECORD — SENATE June 28, 2000 Mr. DODD. Reserving the right to ob- Three-fifths of the Senators duly cho- efforts of the Senator from Pennsyl- ject, and I don’t intend to object, but I sen and sworn not having voted in the vania and the Senator from Iowa and have an amendment on the bill, a rel- affirmative, the motion is rejected. their colleagues on the committee, evant amendment. If it is going to be The point of order is sustained, and the 220,000 children will have access to af- much longer, I will come back in an amendment falls. fordable childcare next year who would hour. If we can get to it, I would like to Mr. REID. Mr. President, I move to not have had the increase in funding do that or let me go, so I can do some- reconsider the vote. not been provided by the Senator from thing else. Mr. DODD. I move to lay that motion Pennsylvania. Mr. SPECTER. Within the confines of on the table. Second, I commend Senator KENNEDY 30 seconds, simply to reply, we are tak- The motion to lay on the table was for his amendment on teacher quality. ing the time that we had on this agreed to. I am sorry it had a point of order amendment and nothing more. This is Mr. REID. Mr. President, just so we raised against it. Similar motions have not a matter that has arisen in 4 know what is happening here, after the been made other Democratic education months but 31⁄2 years ago. Senator from Connecticut offers his amendments—against Senator BINGA- Mr. President, I raise a point of order amendment—I don’t see the manager of MAN’s amendment on accountability, under section 302(f) of the Budget Act, the bill—there was an understanding Senator MURRAY’s amendment on class as amended, that the effect of adopting that Senator KERRY from Massachu- size, and Senator WELLSTONE’s on title the amendment provides budgetary au- setts would offer the next amendment. I. thority in excess of the subcommittee’s The PRESIDING OFFICER. Without I cannot let the moment pass with- 302(b) allocation under the fiscal year objection, it is so ordered. out expressing my deep regrets that 2001 concurrent resolution on the budg- The distinguished Senator from Con- these amendments were necessary be- et and is not in order. necticut is recognized. cause the Elementary and Secondary Mr. DODD. Mr. President, pursuant AMENDMENT NO. 3672 Education Act has still not been con- to section 904 of the Congressional (Purpose: To provide $1,000,000,000 for 21st sidered. As many of you know, we only Budget Act, I move to waive the appli- Century Community Learning Centers) deal with that bill once every 6 years. cable sections of that act for the con- Mr. DODD. Mr. President, I send an I know we are in a rush to get every- sideration of the pending amendment, amendment to the desk and ask for its thing done, but once every 6 years to and I ask for the yeas and nays. immediate consideration. focus on the elementary and secondary The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The education needs of 2.5 million children sufficient second? clerk will report. and their parents is not a great amount There is a sufficient second. The assistant legislative clerk read of time. The question is on agreeing to the as follows: I am sorry I am offering this amend- motion. The Senator from Connecticut [Mr. DODD], ment on the Labor-HHS bill. I would The clerk will call the roll. for himself, Mr. KENNEDY, and Mr. have liked to have considered this issue The legislative clerk called the roll. WELLSTONE, proposes an amendment num- on the ESEA reauthorization. But, I Mr. REID. I announce that the Sen- bered 3672. know we are not going to have a ator from Hawaii (Mr. INOUYE) is nec- Mr. DODD. Mr. President, I ask unan- chance to get back to the authorizing essarily absent. imous consent that reading of the bill, so I am left with no alternative The PRESIDING OFFICER (Mr. ROB- amendment be dispensed with. but to offer this amendment on after- ERTS). Are there any other Senators in The PRESIDING OFFICER. Without school programs on this bill. I express the Chamber desiring to vote? objection, it is so ordered. my apologies to my colleagues for The yeas and nays resulted—yeas 51, The amendment is as follows: doing so. If my colleagues care about nays 48, as follows: At the end of title III, insert the following: afterschool programs, as most Ameri- [Rollcall Vote No. 153 Leg.] SEC. . 21ST CENTURY COMMUNITY LEARNING cans do, this may be our only chance to YEAS—51 CENTERS. do something about it. Notwithstanding any other provision of The committee did increase funding Akaka Durbin Lieberman Baucus Edwards Lincoln this Act, the total amount appropriated for afterschool programs in this bill. Bayh Feingold Mikulski under this Act to carry out part I of title X They have raised that amount from Biden Feinstein Moynihan of the Elementary and Secondary Education $453 million up to $600 million. There Bingaman Graham Murray Act of 1965 shall be $1,000,000,000. has been an increase. It is interesting Boxer Harkin Reed Breaux Hollings Reid Mr. DODD. Mr. President, very brief- to note, we appropriated only $1 mil- Bryan Jeffords Robb ly, this is an amendment on the 21st lion in 1997 for afterschool programs. Byrd Johnson Rockefeller Century Community Learning Centers The demand has been so great by Chafee, L. Kennedy Roth program. Cleland Kerrey Sarbanes school districts across the country to Collins Kerry Schumer Before getting to the substance of fill this need that we have watched this Conrad Kohl Smith (OR) this amendment, I want to take a program grow tremendously. Daschle Landrieu Snowe minute to thank my colleague from I will show my colleagues why. Peo- DeWine Lautenberg Torricelli Dodd Leahy Wellstone Pennsylvania and my colleague from ple ask: Why do we need more after- Dorgan Levin Wyden Iowa for the work they have done on school funding? The answer is not dif- this bill in a number of areas—and in NAYS—48 ficult to understand. In fact, parents the are of child care in particular. Last across the country will tell you this Abraham Frist McCain Allard Gorton McConnell year, when I offered an amendment to without looking at statistics. You can Ashcroft Gramm Murkowski increase the funding for the Child Care go to any community in America, and Bennett Grams Nickles and Development Block Grant, the dis- around 3 o’clock in the afternoon, you Bond Grassley Roberts tinguished Senator from Pennsylvania will find people who work will try to Brownback Gregg Santorum Bunning Hagel Sessions reluctantly opposed that amendment. find that 5, 10, 15 minutes to get to a Burns Hatch Shelby In so doing, he said he would make phone if they do not have one at their Campbell Helms Smith (NH) every effort to raise the level up in this own workstation, to call home to find Cochran Hutchinson Specter Coverdell Hutchison Stevens year’s appropriation, which he did. I out whether or not their child has got- Craig Inhofe Thomas am very pleased with the level of fund- ten home and is safe. Crapo Kyl Thompson ing that he has provided for child care. This is a huge concern for parents. Domenici Lott Thurmond So, while I am offering an amend- Do my colleagues remember the old Enzi Lugar Voinovich Fitzgerald Mack Warner ment on afterschool, which is related bumper sticker which said: ‘‘It is 11 in some ways to child care, I want to p.m. Do you know where your child NOT VOTING—1 express my gratitude to the chairman is?’’ Mr. President, the fact is that 11 Inouye of the subcommittee for his commit- p.m. is not the problem, the hours The PRESIDING OFFICER. On this ment to this issue and to our nation’s right after the school day ends are the vote the yeas are 51, the nays are 48. families and children. As a result of the problem.

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.032 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5953 The statistics on this chart come rank afterschool programs, along with We are not measuring up, in my view, from our major police organizations. parent involvement and reducing class to the level of partnership that we They show that the peak period for se- size, as the most effective means of im- ought to provide. I am not suggesting rious violent crimes is between 3 p.m. proving academic performance. we ought to assume all of the responsi- and 6 p.m. That is the problem time. Two months ago, I attended an event bility for education. That would be ri- Percent of robbery incidents for chil- at the White House to release a report diculous. But right now we only con- dren under age 18: The peak period is 3 by a group called Fight Crime: Invest tribute 7 cents on the dollar—$15 bil- p.m., 4 p.m., 5 p.m., up to around 8 in Kids. It is a coalition of over 700 po- lion out of about $190 billion—that is o’clock in the evening. lice chiefs and prosecutors across the spent nationwide on elementary and Percent of aggravated assault inci- country. Many of the individuals are secondary education. dents for children under 18: The peak conservative Republicans. Again, here we are at the dawn of the period is about 4 o’clock in the after- These police chiefs said: If you are 21st century. It is so obvious, it is so noon. going to address the issue of juvenile self-evident, that if we have hopes of The first chart show when children crime and the victimization of chil- succeeding as a people in this century, are the perpetrators of crime. The sec- dren, you have to focus on the issue of we must meet the educational needs of ond chart shows when children are at after school. The parents get it; the po- our children. This is about as funda- risk of being victims of crime. The lice officers get it. The question is mental as it gets. This is the hub of the peak period is 3 to 4 o’clock in the whether or not we are going to find wheel. People always say kids rep- afternoon. some means to do something about it, resent 25 percent of the population but As I said, parents know about this to support a program that can serve 2.5 they are 100 percent of our future. We and care about it. Let me show you to million children of the 5 million who are the ones who will set the ground what extent they care about it. are home alone in the afterschool rules on whether or not they are going Through the 21st Century program, we hours. to have the chance to succeed and pros- are now offering 310 afterschool pro- I mentioned earlier—and I will repeat per in the years ahead. grams around the country. Yet the de- it again today—that we spend less than Mrs. BOXER. Will my friend yield for mand for these programs is much high- one-half of 1 percent of the entire Fed- a question? er—in FY 2000, 2,252 schools applied for eral budget on elementary and sec- Mr. DODD. I am happy to yield to my grants to provide afterschool services ondary education. I suspect that could colleague. through this program. That demand is be a great trivia question. I suspect The PRESIDING OFFICER. The dis- coming from the parents through the most Americans think that as a per- tinguished Senator’s time has expired. schools. And, frankly, we’re not com- centage of our Federal budget that we Mrs. BOXER. Mr. President, I ask ing even close to meeting that demand would spend something more than less unanimous consent that my friend be with an increase in funding of $147 mil- than one-half of 1 percent of the entire given 2 additional minutes. lion. Increasing funding to $1 billion, as Federal budget on the 50 million chil- The PRESIDING OFFICER. Is there this amendment would do, would allow dren who attend public schools. Out of objection? us to triple the number of children the 55 million children who go to The Chair hears none, and it is so or- serviced to 2.5 million. school every day in this country, 50 dered. Before he even says anything, I can million of them go to a public school. Mrs. BOXER. I thank my friend. I tell you the chairman is not going to Five million children go to private, pa- was not able to hear his entire presen- argue with me about whether or not we rochial schools. tation, but he and I have worked to- need to do this. The chairman is going Less than one-half of 1 percent of our gether on afterschool programs. We to say: Where are the resources going budget goes to serve 50 million chil- have made some progress because, to come from? We are up against a wall dren. I suspect not one of us has been frankly, in the first budget fight that on this. home in our states, regardless of the this President had, he put afterschool It is a very difficult situation. If I audience, where we do not find some on the table, and he insisted we in- want to find an offset for my amend- way to talk about education in our re- crease our participation. ment, I have to raid health care or marks. We do so because I think all of I don’t know if my friend went over child care. With these budget caps we us in this Chamber—regardless of party the details of how many people in this have forced competition between pro- or political ideology—understand deep- country really support what he is try- grams that are serving the same fami- ly how important education is to the ing to do today. I wanted to make sure lies. well-being of our Nation and the need my friend knew, in the last poll I saw, I know we have budget caps, but, like to improve the quality of our public about 90 percent of the people said: We most Americans, I believe if people schools. need to do more for our children after care enough about this, we will find a Shutting down failed schools may school. I wonder if my friend knew way to deal with it. We always manage provide some quick satisfaction, but that. to on other issues. This certainly quali- too often those kids in a rural school— Mr. DODD. I did make that point. fies as a crisis, if not a natural disaster in Nebraska or Connecticut—or an The Senator from California has been a where the winds and fires have dev- urban school—in Los Angeles or Chi- leader on this issue for a long time and astated areas, it is close to something cago or Philadelphia—have no alter- on many other issues related to edu- of a natural disaster when we have the native if you shut down the school. cation. But I made the point about how violent crimes, the victimization of There are not a lot of schools around many people care about this issue and children, the fear that parents have where they can all of a sudden go the I shared the polling numbers with my about who is watching their kids, and next day or the next week. And these colleagues. what are they doing when they are are the very children we most need to Mrs. BOXER. I am happy my friend home alone. help. We have to do a better job in try- did that. I will share with my colleagues, aside ing to help these underserved kids, the We call ourselves representatives. from the crime elements, what happens ones who come from single-parent fam- What we are supposed to do is rep- to kids when they are home alone. ilies, or where two parents are working resent the hopes and the dreams and Drug abuse, alcohol, cigarettes all because they have to put food on the the needs of the people. We have a bill begin with these age groups when kids table. that comes to the floor that is a cap are unsupervised. Parents, as I said Contributing only 7 cents out of the bill. We understand that. But my good- earlier, are not unmindful of this. entire education dollar in the country, ness, we know there are surpluses com- Eighty-five percent of the most recent does not make the federal government ing. If we can’t do more to meet this study of voters think ‘‘afterschool pro- a very good partner. Our local commu- need, and get that 60 votes for the Sen- grams are a necessity. More than a nities are strapped, our States are ator in this amendment, I think we are third of the voters believe the single struggling to try to do a better job on failing our children. biggest threat to their children today class size, teacher quality, account- I thank my friend for his leadership. is being unsupervised after. Voters ability, and afterschool programs. Mr. DODD. I thank the Senator.

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.038 pfrm01 PsN: S28PT1 S5954 CONGRESSIONAL RECORD — SENATE June 28, 2000 I suspect my time has expired, Mr. of the Senate and the Minority Leader of the turmoil just on this side of the aisle. President. House, shall notify the Members of the Sen- We have worked together over the The PRESIDING OFFICER. The dis- ate and House, respectively, to reassemble years for education and for children. I tinguished Senator has 30 seconds re- whenever, in their opinion, the public inter- commend him for all that he has done. est shall warrant it. maining. We have added to education some $4.6 f Mr. DODD. Again, I urge my col- billion. We are $100 million more than leagues to vote to waive the budget THE DEPARTMENTS OF LABOR, the President in education this year. point of order that I know my friend HEALTH AND HUMAN SERVICES, We have increased funding tremen- from Pennsylvania will have to make. I AND EDUCATION, AND RELATED dously for children and young people in thank him again. AGENCIES APPROPRIATIONS, America. The Head Start Program I will end where I began. He has been 2001—Continued comes, curiously enough, under the De- a very good friend on a lot of these Mr. SPECTER. Mr. President, I ask partment of Health and Human Serv- issues. I realize his objections to this unanimous consent that a vote on or in ices. There is an increase this year of are not on the policy issue as much as relation to the Dodd amendment not $1 billion to Head Start, coming up to it is a problem financially. take place at the conclusion of argu- $6.2 billion. We have increased special But I wanted to offer this amend- ment; that it be stacked later this education by $1.3 billion, bringing it up ment because it is a critically impor- afternoon at a time to be mutually to $7.3 billion. We have increased inno- tant one. My hope is we get back to the agreed upon after consulting with the vative State grants by $2.7 billion for Elementary and Secondary Education leaders on both sides. more teachers, class size, and for Act and that we spend more time on The PRESIDING OFFICER. Without school construction, with the proviso that bill before this session ends. We objection, it is so ordered. that it is limited. It is up to the local have a chance to address these kinds of Mr. SPECTER. Mr. President, there school district if they decide to do policy questions, on which I think is not too much need for me to respond something else with it. more of my colleagues would like to be to the Senator from Connecticut. I When it comes to the program the heard. think he has already stated my posi- Senator from Connecticut is talking With that, Mr. President, I yield the tion in toto. I do think this afterschool about, the 21st Century Learning Cen- floor. program, which he has proposed to add ters, we have added $146.6 million to The PRESIDING OFFICER. The dis- to, is a worthwhile program. But it is bring the figure up to $600 million. In tinguished Senator from Pennsylvania beyond the limits with which our sub- fiscal year 1999, it was $200 million. So is recognized. committee has to work. He is correct we are moving right along on it to pro- f that I will make a motion that it ex- vide the maximum amount of money PROVIDING FOR A CONDITIONAL ceeds the allocation to our committee we can. ADJOURNMENT OR RECESS OF at the appropriate time. It is not an easy matter to allocate THE SENATE AND A CONDI- Afterschool is very important. It is $104.5 billion—as much money as that TIONAL ADJOURNMENT OF THE sort of a twin brother to day care. Last is—for the National Institutes of HOUSE OF REPRESENTATIVES year, I agreed with the Senator from Health and for drug programs and for Connecticut to scrimp and save and use school violence programs. We have Mr. SPECTER. Mr. President, I ask a sharp pencil to find $817 million more done the best job we could. It is with unanimous consent that the Senate to bring day care up to $2 billion, reluctance that I raise a point of order. proceed to the immediate consider- which we did. I thought that kind of an ation of S. Con. Res. 125, the adjourn- How much time remains, Mr. Presi- allocation might have satisfied the ment resolution, which is at the desk. dent? Senator from Connecticut for a year. I further ask consent that the resolu- The PRESIDING OFFICER. The dis- But it has not. So we will have to face tion be agreed to, and the motion to re- tinguished Senator has 9 minutes re- this when it comes along. consider be laid upon the table. maining. He said to me: That is day care. Mr. SPECTER. I have made the es- The PRESIDING OFFICER. Is there I said: Day care is very important. an objection? sential arguments which are relevant. Bringing it up by more than $800 mil- In the interest of moving the bill along The Chair hears none, and it is so or- lion to $2 billion was a tough job, Sen- dered. and saving time, I make a point of ator DODD. The concurrent resolution (S. Con. order under section 302(b) of the Budget I called him CHRIS at the time. Res. 125) was agreed to, as follows: Act, as amended, that the effect of We thought that being a twin brother adopting the Dodd amendment provides S. CON. RES. 125 to afterschool, we might have avoided Resolved by the Senate (the House of Rep- budget authority in excess of the sub- an amendment. committee’s 302(b) allocation under the resentatives concurring), That when the Sen- Mr. DODD. If my colleague will yield. fiscal year 2001 concurrent resolution ate recesses or adjourns at the close of busi- Mr. SPECTER. I will be glad to yield. ness on Thursday, June 29, 2000, Friday, June Mr. DODD. I was as complimentary on the budget and is not in order. 30, 2000, or on Saturday, July 1, 2000, on a as I could be. But I will be even more Mr. DODD. Mr. President, pursuant motion offered pursuant to this concurrent to section 904 of the Congressional resolution by its Majority Leader or his des- complimentary. I am deeply grateful to the Senator. Budget Act of 1974, I move to waive the ignee, it stand recessed or adjourned until applicable sections of that act for con- noon on Monday, July 10, 2000, or until such Mr. SPECTER. It is very tough being time on that day as may be specified by its the manager of a bill that funds the sideration of the pending amendment, Majority Leader or his designee in the mo- Department of Education because there and I ask for the yeas and nays. tion to recess or adjourn, or until noon on is no priority higher than education. The PRESIDING OFFICER. Is there a the second day after Members are notified to The only one on a level with it is sufficient second? reassemble pursuant to section 2 of this con- health care. And we have the funding There appears to be a sufficient sec- current resolution, whichever occurs first; coming out of the same pool of money. ond. and that when the House adjourns on the leg- The yeas and nays were ordered. islative day of Thursday, June 29, 2000, or We made the allocations as best we Friday, June 30, 2000, on a motion offered could. I know of the devotion of the Mr. SPECTER. Mr. President, as pre- pursuant to this concurrent resolution by its Senator from Connecticut to this viously agreed to by unanimous con- Majority Leader or his designee, it stand ad- cause. He and I were elected at the sent, the vote will be delayed to a time journed until 12:30 p.m. on Monday, July 10, same time. He withstood the Reagan agreed upon by the leaders later today. 2000, for morning-hour debate, or until noon landslide in 1980 to be one of two Demo- I yield back the remainder of my time on the second day after Members are notified crats elected to open seats, when 16 Re- so we may proceed with the amend- to reassemble pursuant to section 2 of this publicans came in. And he and I co- ment of the Senator from Massachu- concurrent resolution, whichever occurs first. chaired the Children’s Caucus at that setts. SEC. 2. The Majority Leader of the Senate time. The PRESIDING OFFICER. The dis- and the Speaker of the House, acting jointly In 1987, when he proposed family tinguished Senator from Massachusetts after consultation with the Minority Leader leave, I was his cosponsor, with a lot of is recognized.

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.041 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5955 AMENDMENT NO. 3659 icit Reduction Act. Many of us are forces? Well, the positive forces are (Purpose: To increase funding for the pleased that we finally were able to set often some of the faith-based interven- technology literacy challenge fund) this country on a course where we now tions, whether it is the Jewish Commu- Mr. KERRY. Mr. President, I call up have the current surpluses. We have to nity Center or a Baptist organization amendment No. 3659 and ask for its im- start to be smart about what kind of or the Catholic Charities; but there are mediate consideration. choices we are going to make. those entities out there that have a The PRESIDING OFFICER. The I keep hearing colleagues on both wonderful, extraordinary capacity to clerk will report. sides of the aisle come to the floor. bring kids back from the brink. And The assistant legislative clerk read They lament what is happening to chil- then there are those organized entities as follows: dren in America. They lament what is that also do it, such as the Boys and The Senator from Massachusetts [Mr. happening with respect to young people Girls Club; Big Brother/Big Sister; KERRY], proposes an amendment numbered who are increasingly feeding into the YMCA and YWCA; or a program in Bos- 3659. juvenile justice system of the Nation. ton called Youth Build, or City Year. The amendment is as follows: We hear the cries of anguish about All of these provide young people with At the end of title III, insert the following: children having children out of wed- alternatives and the ability to have SEC. . Notwithstanding any other provi- lock, about the failure of marriage in surrogate parenting, fundamentally. sion of this Act, the total amount made this country. But we don’t seem to con- That is what is really taking place. available under this title to carry out the What is really taking place is those en- technology literacy challenge fund under nect our legislative actions to things section 3132 of the Elementary and Sec- that really might make a difference in tities is providing an alternative. ondary Education Act of 1965 shall be the lives of young people so they will Now, we will debate in the Senate $517,000,000. choose a more moral, traditional, af- whether or not we are going to provide Mr. SPECTER. Mr. President, I ask firmative course for their own life. 200,000 H–1B visas. I am for it. I think we ought to provide that, or more, be- unanimous consent that time on the How do kids make those kinds of cause we have an immediate need in Kerry amendment be 1 hour equally di- choices? Traditionally, in the America this country to provide skilled people vided. We have already talked about we always hear Members talking in order to keep the economic boom this. I understand there is agreement. about, we have family, which is the The PRESIDING OFFICER. Without best teacher of all, the most important going and provide for critical tech- nologies, to have good working people. objection, it is so ordered. connection of a child to their future. Mr. KERRY. Mr. President, I ask We have schools and teachers. History But has it not occurred to my col- unanimous consent that Senators in America is replete with great per- leagues what an insult it is to our own system that we have to go abroad and BINGAMAN and MIKULSKI be added as sonalities who harken back to a par- import skilled labor to the United original cosponsors of the amendment. ticular teacher who affected their life. States, even as we are putting thou- The PRESIDING OFFICER. Without We hear less and less of those stories in sands of young kids into prison, into objection, it is so ordered. modern America. Finally, there is or- the juvenile justice system, and out The Senator from Massachusetts. ganized religion. Organized religion is into the streets, as the Senator from Mr. KERRY. Mr. President, let me the other great teaching entity. Not Connecticut just said, because we don’t pick up, if I may, on the comments one that we are supposed to, in this have afterschool programs? What are made by the Senator from Connecticut. body, specifically legislate about, but we going to do? We are going to import There is a relationship between these it is proper to acknowledge the role amendments that are proposed by Sen- 200,000 skilled people to make up for that religion plays as one of those the unskilled people whom we leave un- ator KENNEDY, Senator BINGAMAN, Sen- three great teachers in the lives of skilled because we are unwilling to ator DODD, and myself. They are made children. make the adult choices in the Senate with great respect for the leadership of The truth is, in America today we that would make a difference in their the appropriations subcommittee. I have an awful lot of young children share the feelings expressed by Senator lives. who don’t have contact with any one of How can we boast about the extraor- DODD that they are working within the those three teachers, not one. Their dinary surplus we have in this country, constraints that have been imposed on teachers are the streets. Colin Powell with the stock market climbing to them by the Congress in a sense talks about it in his America’s Prom- record levels, the most extraordinary through the budgeting process. ise, which appeals to people to make a amounts of wealth ever created in the What we are asking of our colleagues voluntary commitment to try to inter- history of any nation on the planet is to begin a process by which we more vene in the lives of some of those chil- right here in the United States, but accurately reflect the truth of the dren and replace the absence of those poverty among children has increased budgeting process and the choices we three great teachers. by 50 percent and the number of kids as Senators face. The fact is, we have What kids learn in the streets is not who are at risk has increased. the ability to provide 60 votes to waive the real values of America; it is what I I don’t believe in the Federal Govern- and to proceed to make a statement as call ‘‘coping skills.’’ They learn how to ment taking over these programs. I the Senate that we believe a specific get by. They learn how to survive. don’t believe in Washington dictating priority is significant enough that we They learn the sort of ‘‘law of the jun- the solutions. But I do believe in Wash- ought to depart from the constraints. gle,’’ as some used to call it. The fact ington leveraging the capacity of peo- The constraints under which we are op- is, we are not doing enough, we Sen- ple at the local level to be able to do erating, that were very properly and ators are not doing enough, to leverage what they know they need to do. So we articulately listed by the Senator from those things that make a difference in are reduced to a debate where the Sen- Pennsylvania, are restraints imposed the absence of the three great teachers. ator from Pennsylvania has to say, by a Budget Act and by allocations I ask any one of my colleagues: How well, oh, my gosh, under our 201(b) allo- that do not reflect the reality of the do we break the cycle of a kid having cation—or whatever the appropriate budget choice we face as a country be- a kid out of wedlock? How do we break section is—we don’t have enough cause of the level of surplus. Since the cycle of a child raised in an abusive money to be able to allocate because those allocations were made, we have household, whose role models in life we have a total cap that has no rela- in fact learned that we have a signifi- are people who beat up on each other, tionship to the reality of what we must cant amount of additional funds avail- shoot drugs, get into trouble, such as do. able to us to begin to choose how we the role models for that 6-year-old kid We keep saying, isn’t it terrific that will reflect the priorities of our Nation. who shot a 6-year-old classmate living we have raised the amount of money— I say to my colleagues on the other in a crack house with an uncle, a par- and it is terrific—when the real ques- side of the aisle, a lot of us on this side ent in jail, no one responsible? tion is, are we doing what we need to of the aisle joined with them to put in What is that child’s future, unless do to get the job done? That is the place the fiscal discipline we all laud adults make the decision to somehow question we ought to be asking. and believe is appropriate. It was a 1993 provide those positive forces that make What is it going to take to guarantee vote, in fact, that put in place the Def- a difference? What are the positive that children in the United States of

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.044 pfrm01 PsN: S28PT1 S5956 CONGRESSIONAL RECORD — SENATE June 28, 2000 America are safe? What does it take to not to mandate, not to dictate, but to They have been able to videoconference guarantee that we don’t dump 5 million empower—those local communities directly with Australian students who kids out into the streets in the after- that desperately want to do this but are studying the Boston area. noons, unsafe, and exposed to drug don’t have the tax base to be able to do You have students engaging in a very dealers and to all of the vagaries of the it. Let’s give them that ability. That is personal and direct way, all of which teenage years and all of the pressures the best role the Federal Government encourages their learning and enhances that come with it in a modern society can play—to leverage things that rep- their interest in the topic. They have that doesn’t have parents around to be resent national priorities, leverage the also developed writing skills through able to help those kids make a better things that represent the best goals special e-mail pen pal programs with choice? We don’t have to do that. We and aspirations of ourselves as a Na- Australian students. ought to make it the goal of the Senate tion. It is not micromanagement; it is, In addition, they have been able to to guarantee that every child in Amer- rather, putting in place a mechanism connect more directly with the experi- ica is going to be safe and secure be- by which we have national priorities— ence of life, thereby asking very direct tween the hours when teachers stop to have good, strong families, to have questions and engaging in a personal teaching and when those parents are kids who are computer literate, and to exchange that they never could have coming home. And we can ask 100,000 have more skilled workers. Those are experienced before because of tele- questions about why it is we are not national priorities. But if we turn our phone rates and because of the difficul- providing arts and music and sports heads away and say the only priority in ties of communication under any kind and libraries that are open full-time, this country is to sort of sequester this of telephone circumstance. and Internet access. money for the senior generation in one The Lighthouse Technology Grant is That is where my amendment comes form or another, without any regard to only one of eight programs funded by in, Mr. President. Senator KENNEDY the generation that is coming along this challenge grant in Massachusetts. has an amendment on teacher quality, that needs to fund Social Security, It also provides grants to a virtual high which is linked to the capacity of kids that needs to have a high value-added school program which enables school to fill those high tech jobs that we talk job so they can pay into it and ade- districts to offer students Internet about. Senator DODD has an amend- quately protect it, that is not Social courses ranging from advanced aca- ment talking about making those kids Security protection. demic courses to technical and special- safe after school. My amendment seeks We have gone from 13 workers paying ized courses. Let me emphasize the im- to increase the funding for the tech- in for every 1 that is taking out—13 portance of that to my colleagues. nology literacy challenge fund, which workers paying into the system for A few weeks ago, I visited a high is a critically important education pro- every 1 worker taking out—to three school in Boston, an inner-city high gram that helps provide technology ac- paying in and one taking out. Now school, Dorchester High. I found that cess, education, professional develop- in this high school of almost 1,000 stu- ment, and instruction in elementary there are two paying in and one taking out. dents in the inner city they are not and secondary schools. able to provide advanced placement All we say is that to qualify for the We have a vested interest as a nation courses. I ask everybody here to imag- money, States have to submit a state- in making sure those two paying in are ine a high school that is supposed to be wide technology plan that includes a capable of paying in; that they have a state of the art that doesn’t have ad- strategy on how the States will include high value-added job that empowers private, State, local, and other entities them to pay in; when they pay in, it vanced placement courses. Yet, because of the virtual high in the continued financing and support doesn’t take so much of their income school and because of the access to the of technology in schools. that they feel so oppressed by the sys- There are two points that I can’t tem that they are not able to invest in Internet, if we close the digital divide, stress enough. One is the importance of their own children and in their own fu- we can in fact make it affordable and providing young people with the oppor- ture. accessible for schools that today have tunity to learn how to use technology. That is in our interest. That is a na- difficulty finding the teachers, afford- I am not one of those people. I don’t tional priority. ing the teachers, and providing the cur- want to celebrate technology to the If we don’t begin in the Senate to- riculum—and be able to do so imme- point of it being put up on a pedestal morrow to adequately reflect the needs diately. and it becomes an entity unto itself. of our children in the money that we That is the difference between some- Technology is not a god; it is not a phi- allocate, we will be seriously missing body being able to go to college or losophy; it is not a way of life. Tech- one of the greatest priorities the coun- being college ready or being able to go nology is a tool, a useful tool. It is a try faces. to college and advance rapidly in the critical tool for the modern market- All of us understand the degree to kinds of curriculum and courses that place and the modern world. But we are which there is an increase in the dig- will make even a greater difference in preordaining that we are going to have ital divide of the country. The tech- their earning capacity and in their cit- to have next year’s H–1B plan, and the nology literacy challenge fund is a izen-contributing capacity at a later next year’s H–1B plan, and another critical effort to try to provide those time. We need to recognize that unless prison, and another program to deal kids with an opportunity to close that we encourage this to happen, the trans- with a whole lot of young kids for gap. formation could take a lot longer than whom the digital divide becomes more Last year, my home State of Massa- we want it to take. and more real, who don’t have chusetts received $8.1 million. Some of For example, it has taken only 7 accessability or the capacity to be able the programs it put in place are quite years for the Internet to be adopted by to gain the skills necessary to share in extraordinary. Let me share with my 30 percent of Americans. That is com- this new world. The fact is that there colleagues one of the examples of this pared to 17 years for television to be are too many teachers who don’t have program that works so effectively. It is adopted by 38 percent, and for the tele- the ability to even teach; we have the called the Lighthouse Technology phone, 38 percent during the same schools wired; we have the e-rate. Grant. amount of time. We are beginning to get increased ac- The Lighthouse Technology Grant The world of work is obviously so cess to the Internet. But what do you incorporates new technologies into the much different and at a faster rate. But do with it? How many teachers know State curriculum framework so that it if we leave kids behind for a longer pe- how to use the technology to really be better motivates children to be able to riod of time, we will greatly restrain able to educate kids? How many kids learn. their learning capacity as well as our are, in fact, having the benefit of the One of the schools in my State—the growth capacity as a country. opportunity of having teachers who Lynn Woods Elementary School in The technology literacy challenge have those skills so that they can ulti- Lynn—is integrating technology into fund has been funded under the com- mately maximize their opportunities? the classroom by virtue of this grant. mittee’s mark at about $425 million. All we are suggesting is that we Fifth grade students at the Lynn The administration actually asked for ought to be doing more to empower— Woods school are studying Australia. $450 million. The House has set a figure

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.047 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5957 of $517 million. I think that is more re- better on education. I said earlier within which we are now dealing, we flective of the level of funding that is today and have said many times on are not doing our job. necessary in order to achieve the kind this floor that I am committed to edu- These votes are an opportunity to try of transition that we wish for in this cation, coming from a family which to do that. My plea is to the Senator, country. Some might argue we could emphasizes education so heavily, my the Appropriations Committee, and even do more. But it is clear to me that parents having very little education others, that we begin to try to change by measuring the priorities as ex- and my siblings and I being able to suc- these shackles that are keeping us pressed by other colleagues we can, in ceed—I guess you would call it success from responding to the real needs of fact, do more if we will challenge the to come to the Senate—because of our the country. The measurement should system a little bit, if we will push the educational opportunities. not be what we are doing against a limits a little bit, and if we will look at That is the essence of our position. baseline set by us. The measurement the reality of the budget choices that We have substantially more time. should be, what will it take to guar- the Congress faces. I inquire of the Chair: How much antee we can turn to Americans and I think nothing could be more impor- time remains? say we are addressing the problem, we tant for all of us as Senators and as The PRESIDING OFFICER. The Sen- are getting the job done. Congress this year. I hope my col- ator from Pennsylvania has 26 minutes We need to close that gap. leagues will embrace the notion that remaining. The Senator from Massa- I am happy to yield back the remain- we can in fact do an appropriate waiver chusetts has 8 minutes remaining. der of my time. of the budget and set this as a priority Mr. SPECTER. Mr. President, I yield Mr. SPECTER. Mr. President, I ask of the Senate. the floor, and I reserve the remainder unanimous consent the vote on the I reserve the remainder of my time. of my time. Kerry amendment be deferred, to be The PRESIDING OFFICER (Mr. Mr. REID. Mr. President, if I could stacked later today at a time to be mu- HAGEL). The Senator from Pennsyl- direct a question to the manager of the tually agreed upon by our respective vania. bill, it is my understanding Senator leaders. Mr. SPECTER. Mr. President, here WELLSTONE will offer one of his amend- I raise a point of order under section again, there is little doubt that tech- ments next. 302(f) of the Budget Act, as amended, nology literacy is a very important Mr. SPECTER. That is fine. that the effect of adopting the Kerry matter for America. There is no doubt Mr. REID. I will also have Senator about that at all. Here again, it is a amendment provides budget authority WELLSTONE agree to a time limit. in excess of the subcommittee’s 302(b) matter of how our allocations are Mr. SPECTER. Speaking of the time going to run. allocations under the fiscal year 2001 limit with Senator WELLSTONE on the We debated the Dodd amendment ear- concurrent resolution on the budget, floor, may we agree to 30 minutes lier today about afterschool pro- and is not in order. grams—again, a good program. There is equally divided, 20 minutes equally di- Mr. KERRY. Mr. President, pursuant a question about the amount of money vided, 15 minutes equally divided? How to section 904 of the Congressional and where the priorities are. much time does Senator WELLSTONE Budget Act, I move to waive the appli- We debated the Kennedy amendment desire? cable section of that act for consider- about teacher recruitment—another Mr. WELLSTONE. Mr. President, I ation of the pending amendment, and I good program. did not hear the Senator. ask for the yeas and nays. We had to turn down amendments Mr. SPECTER. Mr. President, I sug- The PRESIDING OFFICER. Is there a yesterday by Senator WELLSTONE who gested a time agreement of 30 minutes sufficient second? wanted more money for title I; Senator equally divided, perhaps 20 minutes There is a sufficient second. BINGAMAN, also more money for title I; equally divided. The yeas and nays were ordered. Senator MURRAY asked for an addi- Mr. WELLSTONE. I say to my col- Mr. KERRY. I thank my colleague. tional $325 million on top of $1.4 billion league from Pennsylvania, my guess is The PRESIDING OFFICER. The Sen- which was supplied for class size. There it will take me about 40 minutes on my ator from Minnesota. is no doubt that so many of these pro- side. I prefer not to agree to a time AMENDMENT NO. 3644 grams are excellent programs. limit. I don’t think I will go more than (Purpose: To provide funds for the loan for- The Senator from Massachusetts in that. giveness for child care providers program, offering this amendment noted the con- Mr. SPECTER. Would the Senator with an offset) straints we are operating under with from Minnesota be willing to enter a Mr. WELLSTONE. I call up amend- respect to how much money we have in time agreement of an hour, 40 minutes ment 3644. our allocation. We have established for the Senator from Minnesota, and 20 The PRESIDING OFFICER. The priorities. We have greatly increased minutes for our side? clerk will report. the education account by some $4.6 bil- Mr. WELLSTONE. I am pleased to do The assistant legislative clerk read lion. That is a tremendous increase, so. as follows: coming to a total of $40.2 billion. In our Mr. SPECTER. I ask unanimous con- The Senator from Minnesota [Mr. education account, we have $100 mil- sent the time be set on the Wellstone WELLSTONE] proposes an amendment num- lion more than the President asked for. amendment at 1 hour, with the Senator bered 3644. I have already today gone over a long from Minnesota having 40 minutes and Mr. WELLSTONE. I ask unanimous list of items where we have increased our side having 20 minutes. consent reading of the amendment be funding on education on very impor- The PRESIDING OFFICER. Without dispensed with. tant items. It is a matter of making objection, it is so ordered. The PRESIDING OFFICER. Without the appropriate allocation and the set- Mr. SPECTER. Mr. President, I also objection, it is so ordered. ting of priorities. ask unanimous consent that no second- The amendment is as follows: degree amendments be in order prior to I say to my colleague from Massa- On page 71, after line 25, add the following: the vote. chusetts that the House of Representa- SEC. ll. (a) In addition to any amounts tives has established a mark of $517 The PRESIDING OFFICER. Without appropriated under this title for the loan for- million in this account. It is entirely objection, it is so ordered. giveness for child care providers program plausible that the figure that is in the Mr. KERRY. If the Senator from under section 428K of the Higher Education Senate bill will be substantially in- Pennsylvania wants to yield back time, Act of 1965 (20 U.S.C. 1078-11), an additional creased. I am prepared to do the same. I want to $10,000,000 is appropriated to carry out such We will certainly keep in mind the reserve one comment. program. (b) Notwithstanding any other provision of eloquence of Senator KERRY’s argu- I appreciate everything the Senator has said. I appreciate his comments. I this Act, amounts made available under ti- ments. There is no doubt about tech- tles I and II, and this title, for salaries and nology and about the need for more know he wants to do more. Unless we expenses at the Departments of Labor, funding in technology. in the Senate tackle this beast called Health and Human Services, and Education, I believe that a country with an $8 the allocation process, and unless we respectively, shall be reduced on a pro rata trillion gross national product can do begin to challenge the constraints basis by $10,000,000.

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.050 pfrm01 PsN: S28PT1 S5958 CONGRESSIONAL RECORD — SENATE June 28, 2000 Mr. WELLSTONE. Mr. President, I who took care of children. We took $9,000 per year after all expenses are come to the floor to offer a very simple David over. After about 3 days of pick- figured in. amendment. This amendment asks ing him up, every day he was listless. A recent study by the Center For The only that we appropriate an additional Before he had gone to this child care, Childcare Workforce finds that family $10 million to fund the loan forgiveness this home child care setting, he was en- child care providers earn on the aver- program which was authorized under gaged and lively. It was wonderful. age, when you take into account their the Higher Education Act. This is a I was at school, I was working; Sheila costs, $3.84 an hour, given their typical loan forgiveness program for women was working. At 5 o’clock or 5:30 we 55-hour week. Not only that, but the and men who go into child care work. would come to pick him up and he was majority of child care workers in our This would be taken from administra- listless. Finally, after 3 days I got con- country receive no health benefits, de- tive expenses in the overall budget. cerned and I showed up at her home in spite high exposure to illness. A lot of Despite the fact that we know that the middle of the day. The problem was kids, when they come, have the flu and child care workers struggle to pay back she had about 20 children she was try- they pass it around. Fewer than one- their student loans, and that all too ing to take care of. Most of them were third of the child care providers in this many of them earn poverty-level wages in playpens and she had stuck a pac- country today have health insurance, without benefits, which means in turn ifier in their mouth and they were re- and an even smaller percentage of child that many of them are forced to leave ceiving no real care. There was no real care workers have any pension plan their work for higher paid work, we interaction. Parents worry about this. whatsoever. A recent study in my have yet to appropriate one penny for I argue today on the floor of the Sen- State of Minnesota found that only 31 this forgiveness program. ate, one of the keys to making sure percent of child care centers offered I originally offered this amendment there is decent developmental child full-time employees fully paid health calling for loan forgiveness for those care—not custodial child care—is to care. men and women who go into the child have men and women working in this The consequences of these dismal care field with Senator DEWINE. My field being paid a decent wage. Right conditions are clear. Let me just put it thought was this is sacred work. This now, we have a 40-percent turnover in into perspective for colleagues. In the is important work. This is work with this field. Who pays the price? The White House Conference on the Devel- small children. If people are going to children. opment of the Brain, they talked about be paid miserably low wages—many I have said on the Senate floor be- how important it is that we get it right having no health care benefits at all, fore, when I was teaching at Carleton for children in the very early years of and we understand the importance of College as a college teacher for 20 their lives. The medical evidence is ir- early childhood development—then years, I had conversations with stu- refutable and irreducible that these are let’s at least have a loan forgiveness dents who came to me and said: Look, the most critical years. We all want to that will encourage men and women to don’t take it personally. We think you have our pictures taken next to chil- go into this area. are a good teacher, Paul, and we really dren —the smaller the children are, the Right now the child care situation in appreciate your work as a teacher. But better. Yet at the same time we have the United States is critical. We have a we would like to go into early child- done so precious little to make a com- system in place where child care is pro- hood development. The problem is, mitment to this area. We have child hibitively high for working families. It when you make $8 an hour, with no care workers, men and women who is not uncommon for a family to be health care benefits, and you have a work in these centers, who do not even paying $6,000 per child, $12,000 per year, huge student loan to pay off, especially make half of what people make who $10,000 per year. Maybe the family’s at a college like Carleton, you can’t af- work in our zoos. I think work in the overall income is $35,000 or $40,000. ford to do it. Some of the people want zoo is important, but I also think work At the same time, we have child care to go into this field, which we say is so with small children is important. workers who are taking care of chil- important, but they can’t afford to do We have the vast majority of child dren during the most critical years of it. care workers barely making minimum development and they don’t even make The least we could do is have a small wage or a little bit above, only about a poverty wages. loan forgiveness program. third at best having any health care It seems counterintuitive. How can it The result of the system we have coverage whatsoever. be that on the one hand child care is so right now is poverty-level earnings for Senator DEWINE and I, several years expensive, but on the other hand those the workforce. ago, help pass a bill that authorized men and women who work in this field By the way, who are the child care some loan forgiveness so you would are so underpaid? providers in the country today? Mr. have men and women who could go to The problems of the high costs and President, 98 percent of them are college, with the idea they would go the low wages are inevitable under the women, and one-third of them are into this critically important field and current system of child care delivery in women of color. We can do a lot better. their loans would be forgiven. What I the United States. Colleagues, this We pay parking lot attendants and men am trying to do, taking it out of ad- amendment is just one vote, but this is and women who work at the zoos in ministrative expenses, is just finally to a central issue of American politics. America twice as much as we pay those get a little bit of appropriation; start Talk to working families in this coun- men and women who take care of our out with $10 million so we finally set try and they will list child care as one small children. Something is pro- the precedent that we are willing to of their top concerns. They are not just foundly wrong when we pay people who fund this. We have not put one penny talking about the cost of child care, care for our cars and our pets more into this program so far. but they are also saying when both par- money than we do for those who care What happens is that we have this ents work, or as a single parent work- for our children. high turnover. As I said before, prob- ing, they worry most of all that their Let me go over the facts. The average ably about 40 percent or thereabouts of child is receiving the best care—not teacher based at a child care center child care workers in any given year go custodial, not in front of a television earns roughly $7 an hour. Despite from one job to another. That figure for 8 hours, but developmental care. above average levels of education, may be a little high, but it is a huge On a personal note, I can remember roughly one-third of the child care turnover. Who pays the price? The chil- as a student at the University of North workers earn the minimum wage. Even dren pay the price. As I look at my own Carolina, barely age 20, Sheila and I those at the highest end of the pay figures, I guess it is about a third, a had our first child. I will never forget, scale, who are likely to have a college third of this country’s child care work- 6 weeks after David was born, Sheila degree and several years of experience, force leaves the job each year because had to go back to work. That is all the make about $10 an hour. Family child they are looking for better work. This time she could take off. Six weeks is care providers—a lot of child care is in leads to a dangerous decline in the not enough time to bond with a child. homes—make even less money. People quality of child care for our families. We had hardly any money. We asked who care for small groups of children The most dangerous decline in quality around and we heard about a woman in their home make on average about is the care for toddlers, for infants.

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.054 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5959 They are exposed to the poorest care of We know that high quality child care can ed on a first come, first served basis. all. help children and that poor children can ben- People began lining up on the first day. We have not appropriated one cent efit the most. So we hope that this will be a In the metro area, all the money was for the loan forgiveness program we au- wake-up call to do something about the qual- gone by 5 p.m. on the second day, and thorized 2 years ago, and at the same ity of child care in this country. The quality of daycare centers is not great for middle all of the money for rural Minnesota time you have 33 percent of child care class families, but it is surprising and dis- was awarded within 2 weeks. workers every year leaving, and you tressing to see the extent to which welfare This year, Minnesota has made over don’t have the continuity of care for families’ quality was even lower. $900,000 available through their loan our children, for families in this coun- I simply want to point out that just forgiveness program. They started ac- try. At the same time, it is the infants because a family is a welfare family or cepting applications in March, and and the toddlers who are the ones who just because a family is a poor family they have committed nearly half the are most in jeopardy. At the same does not mean these small children are money to family care providers and 50 time, we have not made any commit- not as deserving of good child care. percent to center-based providers. A lot ment whatsoever to at least—at least, That is not the situation today in the of it goes to rural Minnesota and a lot this doesn’t change everything in the country. of it goes to urban Minnesota. equation—make sure we have a loan Ironically, as we see the child care I am saying to my colleagues, I am forgiveness program. system deteriorating, we are now put- hoping I can win on this amendment. I Another thing that is happening is ting more and more emphasis on the take it out of administrative expenses. that as we begin to see a severe teacher importance of developmental child We know the budget is going to be bet- shortage, a lot of child care workers care. We are saying at the same time ter for this Health and Human Services are saying that they can’t make it on that we want to make sure single par- bill. We know we do not have a good $8 an hour with no health care benefits. ents work and families move from wel- budget with which to work right now. A lot of younger people say they can’t fare to work. We are putting the em- We know the cap is going to go up. We make it on $8 an hour with no health phasis on work, and more families have know we are going to have more re- care benefits and a big loan to pay off. to work to make it. sources with which to work. They now become our elementary The median income in our country We all say we are committed to de- school teachers or middle school teach- today is about $40,000 a year. The in- velopmental child care. ers. come profile is not that high. We know It is one of the top issues of working As a result, what you have is, at the investment in early childhood develop- families. It seems to me several years same time the number of child care ment pays for itself many times over. ago—I did this with Senator DEWINE— providers is decreasing, the number of We know good child care programs dra- we authorized legislation that called families who need good child care for matically increase the chances for chil- for loan forgiveness to men and women their children is dramatically increas- dren to do well in school, for children who want to go into this critical area, ing. That is not just because of the wel- to go on beyond K–12 and go to college and we have not appropriated one fare bill, but because the reality of and do well in their lives, and we know penny. We can at least find it in our American families today, for better or the lives of low-income families, in hearts and find our way to put some for worse—sometimes I wonder—is that particular, quite often lack some of the appropriations into this legislation. I you just don’t have one parent staying advantages other families in this coun- am calling for $10 million as a start. at home. In most families, both parents try have. Children from low-income I am saying to Senators today—and I are working full time. This is a huge families do not always have the same do not think anybody can argue with concern to families in this country. We vocabulary; there is not always the op- me—there is not one Senator who can could help by passing this amendment. dispute the clear set of facts that we I want to talk about one study in portunity for a parent or parents to have to get it right for children. We particular that I think, in a dramatic read to them. Therefore, the learning have to get it right for them before age way, puts into focus what I am talking gap by kindergarten is wide. Some chil- 3, much less before age 5. Nobody can about. It was a recent study by the dren start way behind, and then they argue with that. University of California at Berkeley fall further behind. Nobody can argue these are not crit- and Yale University. They found that a I cite one study which began in the ical developmental years. Look at the million more toddlers and preschoolers seventies on the effects of early child- spark in their eyes. They are experi- are now in child care because of the hood intervention. Children who re- encing all the unnamed magic in the welfare law. That wouldn’t surprise ceived comprehensive, quality, early world before them, as long as we en- anyone, given the emphasis on people education did better on cognitive, read- courage them. No one can argue that going to work. So far, so good. ing and math tests than children who But they also found that many of did not. This positive effect continues for working families this is not a huge these children are in low-quality care, through age 21 and beyond. Parents issue, both the expense of child care, where they lag behind other children in benefit as well. I do not understand which I cannot deal with in this developmental measures. This was a where our priorities are. We should amendment, and the quality of the care study of 1,000 single mothers moving want to make a commitment to work- for their children. If both parents are from welfare to work. They wanted to ing families in this country and make working or a single parent is working, know where were their children. What a commitment to children. there is nothing more important to they found out was their children were, I want to give some evidence from them than making sure their child is by and large, placed in child care set- the State of Minnesota, and then I will receiving the best care. They do not tings where they watched TV all the finish up at least with my first com- want their child warehoused. They do time, wandered aimlessly, and there ments. This loan forgiveness program not want their child in front of a tele- was little interaction with caregivers. works. First, it gives people an oppor- vision 8 hours a day. They want to Here is the tragedy of it. Many of these tunity to go to college who want to be- make sure their child is stimulated. toddlers from these families showed de- come child care workers. Second, the They want to make sure there is nur- velopmental delays. turnover is reduced. Third, this means turing for their child. They want to Would anybody be surprised? Anyone we get better people. make sure there is interaction with who has spent any time with small My own State of Minnesota has ex- their child. children would not be surprised. When perimented. We have a State level loan I do not know how some of the people asked to point to a picture of a book forgiveness program. In 1998, we offered who work in the child care field do it. from among three different pictures, child care providers up to $1,500 in for- They are saints; they do it out of love fewer than two in five of the toddlers givable student loans for the first time. for children; but they should not be the in the study pointed to the right pic- Fifty percent of the money was set ones who subsidize this system. We are ture compared to a national norm of aside for what we call the metro area, not going to have good people in the four out of five children. and 50 percent of the money was set child care field if they are making $8 One of the study’s authors is quoted aside for greater Minnesota, outside an hour. We are not going to have good as saying: the metro area. The money was award- people if they do not have any health

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.056 pfrm01 PsN: S28PT1 S5960 CONGRESSIONAL RECORD — SENATE June 28, 2000 care benefits. I cannot deal with that if this is not presumptuous of me to I have an amendment with Senator in this amendment, but I can deal with say, normally I like to call for a re- REID that deals with mental health and one thing. I can call on my colleagues, corded vote, but I would be pleased to suicide prevention. Might I add that I Democrats and Republicans, who say have a voice vote, if that is what my follow Senator KENNEDY? I am ready to they are committed to good child care, colleague wants. And there is one rea- keep rolling. who say they are committed to family son why. I can’t get an ironclad com- Mr. STEVENS. I am not prepared to values. If they are committed to family mitment from the Senator from Alas- agree to that yet. We are not sure Sen- values, what better way to value fami- ka, but I make a plea to him to please ator KENNEDY wants to offer his lies than to make sure that when peo- try to help me keep it in conference. It amendment yet. We are prepared to ple are working, their children are re- would be a small step toward getting enter into a time agreement on the ceiving good care? What better way to funding for this. I know the Senator is KENNEDY amendment. make sure that happens than to do very effective. I don’t need to have a Mr. President, I suggest the absence something about the one-third turn- recorded vote if he can at least tell me of a quorum. over every year? he will certainly try. The PRESIDING OFFICER. The How can we best deal with the one- Mr. STEVENS. The Senator does not clerk will call the roll. third turnover? We need to do a lot of need a recorded vote. This amendment The legislative clerk proceeded to things, but this amendment in its own probably applies to my State more call the roll. small way helps. I am simply saying we than any other State in the Union. I Mr. STEVENS. Mr. President, I ask ought to at least put $10 million into assure him I will be asserting his posi- unanimous consent that the order for this loan forgiveness program so we tion in conference. the quorum call be rescinded. The PRESIDING OFFICER. Without can encourage men and women—frank- Mr. WELLSTONE. Mr. President, I objection, it is so ordered. ly, I would like to see more men in this am very glad to hear that. I think I Mr. STEVENS. Mr. President, I field; it is almost all women in this would be pleased to go forward with a might state for the information of the field. At least they know their loan voice vote. Senate, we are trying to arrange will be forgiven. That will make a huge Mr. STEVENS. Mr. President, we ask amendments from each side of the difference. That is all this amendment for the adoption of the amendment. aisle. We urge Members on the Repub- The PRESIDING OFFICER. Do both is about. lican side of the aisle to come forward I also say to my colleagues, I offer Senators yield back their time? with amendments if they wish to call this amendment on behalf of myself Mr. STEVENS. I yield back our time. them up today. and Senator DEWINE. I am so pleased Mr. WELLSTONE. I yield back my For the time being, I ask unanimous Senator DEWINE is a cosponsor. I have time. consent that on the amendment offered done a number of different bills and The PRESIDING OFFICER. The by Senator REED of Rhode Island there legislation with Senator DEWINE. We question is on agreeing to the amend- be a time limit of 30 minutes equally did the Workforce Investment Act to- ment. divided, with no second-degree amend- The amendment (No. 3644) was agreed gether, and we did this authorization ments prior to a vote on or in relation to. together. I do not think we are asking to that amendment. too much. Mr. STEVENS. I move to reconsider The PRESIDING OFFICER. Is there This is actually a crisis. The fact is, the vote. objection? the studies that have come out about Mr. WELLSTONE. I move to lay that The Chair hears none, and, it is so or- the quality of child care in this coun- motion on the table. dered. try are pretty frightening. Sometimes The motion to lay on the table was Mr. STEVENS. We presume that it is downright dangerous, but almost agreed to. there may be a Republican amendment always it is barely adequate, and we The PRESIDING OFFICER. Without offered after the Reed amendment. But have to do something about it. One of objection, it is so ordered. in any event, the next Democratic the best ways we can show we care is to The Senator from Alaska. amendment to be offered would be that at least begin putting some funding Mr. STEVENS. Mr. President, we are of Senator KENNEDY, his job training into this loan forgiveness program. awaiting clearance—I understand there amendment, and prior to that vote, I reserve the remainder of my time if, is a Kennedy amendment on job train- there would be—let’s put it this way, in fact, there is substantive debate on ing. We would like to get a time agree- that time on that amendment be lim- this issue. Otherwise, I will make a few ment on that. I would urge that we ited to 60 minutes equally divided, with other points. I reserve the remainder of consider that at this time. no second-degree amendments prior to my time. Does the Senator wish the floor? a vote. The PRESIDING OFFICER. Who The PRESIDING OFFICER. The Sen- It is my understanding there would yields time on the amendment? ator from Nevada. be 2 minutes on each side. Is that the The Senator from Alaska. Mr. REID. Mr. President, I say to the procedure now prior to the vote? Is Mr. STEVENS. Mr. President, on be- manager, the chairman of the full com- that correct, may I inquire? Is that half of the committee, we are prepared mittee, Senator STEVENS, we would your desire? to accept this Wellstone amendment like to have Senator REED of Rhode Is- Mr. REID. That is appropriate. which provides $10 million for loan for- land offer the next amendment. He is Mr. STEVENS. I ask unanimous con- giveness for child care providers. The on his way over to do that. sent that on each of these consents program was authorized by the Higher Mr. STEVENS. Is it possible to get a there be a 4-minute period prior to the Education Amendment of 1998 and has time agreement on that? vote to be equally divided. never been funded. Mr. REID. Yes, it is. The PRESIDING OFFICER. Is there The administration did not request Mr. STEVENS. We would like to get objection? funding, I might add. A $10 million off- time agreements so it would be pos- Mr. WELLSTONE. Can I ask my col- set in administrative expenses will pay sible to stack votes later, if that is pos- league in that sequence, that following for this amendment. sible. Is the Senator prepared to indi- Senator KENNEDY there be a Repub- If the Senator is agreeable, I will ac- cate how long it might be? lican and then I be allowed—— cept the amendment to forgive loans Mr. REID. We will wait until he gets Mr. STEVENS. It is my under- for child care providers who complete a here, but I don’t think he will take a standing the third Democratic amend- degree in early childhood education lot of time. ment to be offered would be the amend- and obtain employment in a child care The PRESIDING OFFICER. The Sen- ment from Senator WELLSTONE. We are facility located in low-income commu- ator from Minnesota. awaiting the Republican amendments nities. That is acceptable to us. Mr. WELLSTONE. Mr. President, to see. But it will be the Reed amend- The PRESIDING OFFICER. The Sen- might I ask my colleagues, there is ment, then a Republican amendment, ator from Minnesota. some order here. There is going to be a then the Kennedy amendment, then a Mr. WELLSTONE. Mr. President, I Reed amendment—is that correct?— Republican amendment, and then the thank my colleague from Alaska. And next, and then a KENNEDY amendment. Wellstone amendment.

VerDate 11-MAY-2000 01:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.058 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5961 The PRESIDING OFFICER. Without central to our aspirations in the Sen- what GEAR UP does. It starts early in objection, it is so ordered. ate. a career, sixth and seventh grade, fol- Mr. REID. Senator WELLSTONE has This opportunity is particularly dif- lows the child through their middle agreed to 1 hour evenly divided. ficult to achieve if one is a low-income school years and into high school, and Mr. STEVENS. I don’t know what the student in the United States. The is integrated with other subjects so subject matter is. GEAR UP program is specifically de- there is both continuous support and Mr. REID. Mental health. signed to reach out early in the career an integrated approach to preparing a Mr. WELLSTONE. Suicides. of a child, the sixth or seventh grade, child for college. Mr. REID. It deals with suicides. and give them not only the skills but GEAR UP does this through partner- Mr. STEVENS. We haven’t seen it, the confidence and the expectation ships and collaborations among State but we will be pleased to consider an that they can succeed and can go on to departments of education, high-poverty hour on that amendment and get back college. Both these skills and informa- school districts, institutions of higher to the Senator. tion, together with the confidence that education, businesses, and other pri- Mr. REID. If you need more time, we they can succeed, are essential to their vate or non-profit community organi- don’t care. If you decide you do, we will progress and to our progress as a Na- zations. GEAR UP is a college pre- add it on to ours. tion. paratory program, a Federal program Mr. STEVENS. Let’s decide the time GEAR UP is based upon proven early that focuses on children in early on that amendment once we have seen intervention models such as the I Have grades. As such, the existence of other it. a Dream Program and Project GRAD. programs such as TRIO does not elimi- Mr. President, while we are awaiting These programs have succeeded in im- nate the need to fully fund GEAR UP. the next amendment, I suggest the ab- proving low-income student achieve- We have to recognize that we have not sence of a quorum. ment, high school graduation rates, only the responsibility but also an op- The PRESIDING OFFICER. The and college enrollment rates. We are portunity to fully fund the GEAR UP clerk will call the roll. building on a successful set of models. program. The legislative clerk proceeded to GEAR UP provides students with I commend Senator HARKIN and Sen- call the roll. very specific services tailored to help ator SPECTER. They have dealt with a Mr. REED. Mr. President, I ask unan- them prepare for college. These serv- variety of educational issues in a budg- imous consent that the order for the ices include tutoring, mentoring, and et that constrains their choices—in- quorum call be rescinded. counseling. They are critical to ensure deed, their desires—significantly. They The PRESIDING OFFICER (Mr. that students are equipped both aca- have done remarkable work, including GREGG). Without objection, it is so or- demically and emotionally to succeed funding for the LEAP program, which dered. in college. We often hear about the provides low-income students with AMENDMENT NO. 3638 lack of opportunities available to low- funds to go to college. But if you don’t (Purpose: To provide funds for the GEAR UP income families. This is particularly have the first piece, if you don’t have a Program) the case when we talk about entering GEAR UP program that gives students Mr. REED. Mr. President, I have an and succeeding in college. Low-income the skills, the confidence, the insights amendment at the desk, No. 3638, and I children are the least likely individ- to get into college, Pell grants and ask for its immediate consideration. uals in the United States to attend col- LEAP grants are irrelevant because The PRESIDING OFFICER. The lege. In fact, if we look at high-achiev- these deserving young students won’t clerk will report. ing students from low-income schools even be in the mix. The legislative clerk read as follows: and backgrounds, they are five times GEAR UP is important. It is funda- The Senator from Rhode Island [Mr. REED], less likely to attend college as com- mental. The budget that Senators for himself, Mr. KENNEDY, and Mrs. MURRAY, parable students in higher-income SPECTER and HARKIN were dealing with proposes an amendment numbered 3638. schools across this country. By focus- did not give them the full range of Mr. REED. Mr. President, I ask unan- ing on college preparation for these choices they needed to ensure they imous consent that reading of the needy students, GEAR UP is directly could fund these important priorities. amendment be dispensed with. targeted at eliminating this disparity. That is why we are here today, to pro- The PRESIDING OFFICER. Without There is something else that is im- vide a total of $325 million for GEAR objection, it is so ordered. portant about GEAR UP. There are UP, an increase of $100 million over The amendment is as follows: many talented young people who, if what is in this current appropriations At the end of title III, insert the following: they are the first child in their family bill. If we do this, it will allow every SEC. . GEAR UP PROGRAM. to seriously contemplate college, do State to have a GEAR UP program. As In addition to any other funds appro- not have the advantage of parents who a result of the additional $100 million, priated under this Act to carry out chapter 2 are knowledgeable about the system. GEAR UP would serve over 1.4 million of subpart 2 of part A of title IV of the High- Their parents often do not have the in- low-income students across the coun- er Education Act of 1965, there are appro- formation and the incentives to pro- try. That would be a significant and priated $100,000,000. vide the kind of support and assistance commendable increase in our efforts. The PRESIDING OFFICER. The Sen- these young people need. That, too, If we don’t provide this full $325 mil- ator from Rhode Island. must be addressed, and GEAR UP does lion, we will see over 400,000 needy stu- Mr. REED. Mr. President, this that. dents denied essential academic serv- amendment would increase funding for In fact, GEAR UP addresses the needs ices which are provided through GEAR GEAR UP by $100 million. GEAR UP is not only of students but also of par- UP. Without this amendment, the need a critical component of our efforts to ents. In a recent survey, 70 percent of for these types of skills and support provide disadvantaged young people a parents indicated they have very little systems will not be met. chance to go on to college. GEAR UP information or they want more infor- Furthermore, the demand for GEAR reaches out very early in their edu- mation about which courses their child UP is not being met. In 1999, GEAR UP cational careers, giving them the men- should take to prepare for college. received 678 partnership and State toring, the support, and the informa- Eighty-nine percent of parents wanted grant applications covering all 50 tion necessary to succeed, not only in more information about how to pay for States. However, due to limited re- high school but to go beyond, to enter college. This information disparity is sources, only one out of four partner- and complete college. particularly acute in low-income areas. ships and half of the State applications I offer this amendment along with Again, GEAR UP provides that type of could be funded. Clearly, the need is Senator KENNEDY and Senator MUR- information and assistance. there. The demand is there. We must RAY. We are offering it because we be- It is well documented that contin- meet it with sufficient resources. lieve—as I am sure everyone in the uous programs that are integrated into Today GEAR UP’s reach is limited Chamber believes—that the oppor- the daily school life of a child are the because of the constraints on our ap- tunity to go on to postsecondary edu- best types of programs to provide for propriations. We need to provide suffi- cation is central to our country and successful outcomes. That is exactly cient resources so we can do our best to

VerDate 11-MAY-2000 02:15 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.062 pfrm01 PsN: S28PT1 S5962 CONGRESSIONAL RECORD — SENATE June 28, 2000 reach all the needy students in the As you know, early intervention and men- National Association of State Boards of Edu- United States. toring programs drastically increase the cation My home State of Rhode Island was chances that low-income students will at- National Association of State Student Grant fortunate to be one of the States to re- tend and graduate from college. GEAR UP and Aid Programs ceive GEAR UP funding. The current takes a unique approach to early interven- National Education Association tion. First, GEAR UP involves whole cohorts The National HEP-CAMP Association Rhode Island GEAR UP program is of students, beginning in middle school and National PTA comprised of a partnership of 21 non- extending throughout high school. Research New York State Education Department profit organizations known as the Col- clearly demonstrates that we must help stu- Northeastern Illinois University lege Access Alliance of Rhode Island. dents to begin preparing for college no later Ohio Appalachian Center for Higher Edu- They reach out to schools. They reach than the middle school grades. cation out to homes. They provide community Second, GEAR UP is sparking the develop- Oklahoma State Regents for Higher Edu- support, a network which helps these ment of university/K–12 partnerships that cation young students understand their poten- often include businesses and community- Pennsylvania State System for Higher Edu- tial and tells them: Yes, you can go on based organizations. In fact, more than 4,500 cation Roosevelt University to college; yes, you can succeed; yes, big and small businesses, community-based organizations, religious and civic organiza- Rutgers, The State University of New Jersey you can be part of this great American tions, chambers of commerce, and others Saint Olaf College economy and this great American joined the states, universities, and middle State Higher Education Executive Officers country. schools that submitted applications for the State University System of Florida Providing these resources has helped first round of GEAR UP awards in 1999. United States Student Association countless young Rhode Islanders to Clearly, our nation’s business and commu- University of Cincinnati reach their full academic potential. In nity leaders recognize that the quality of to- University of North Carolina just one year, Rhode Island GEAR UP morrow’s workforce depends, in large part, University of Washington has provided invaluable services. It has upon what we do today to prepare middle Vermont Student Assistance Corporation helped 1,300 students enroll and partici- and high school students for the rigors of Mr. REED. Mr. President, one of our pate in summer academic programs. It college-level work. primary educational goals should be to Because such programs are crucial to in- has tracked the academic progress of ensure that all students with the skill, creasing access to higher education, we be- talent, and ambition to go to college over 8,000 highly mobile, disadvantaged lieve that it is important to point out that students. They move many times from can go to college. In order to accom- the undersigned strongly support all efforts plish that goal, we have to fund, of school to school, city to city. Rhode Is- to increase access through early interven- land GEAR UP has been able to track tion programs, including TRIO. Although the course, Pell grants; we have to fund the these youngsters, keep in contact with objectives of these programs are similar, the LEAP program. We have to do many of them, keep encouraging them, keep approaches that TRIO and GEAR UP employ the things Senators SPECTER and HAR- getting them ready to go on to college. are quite different. In view of the tremen- KIN have insisted upon in this bill. But It has also identified 1,000 low-income dous challenges we face in breaking down the we also have to do something which barriers to college attendance for students helps students early on through the students in need of extra support. It from low-income families, we also support has linked these students to academic GEAR UP program, and give these funding the TRIO program at the highest young students the skills, the con- tutoring and mentoring, the kind of possible level. help they need to succeed. fidence, and the expectation that they Some $231 million in FY01 funding is need- can and should go on to college. That is Although these are impressive num- ed just to keep year-one and year-two GEAR bers, because of limited resources we UP grantees on their current trajectory. why I urge my colleagues to support currently cannot duplicate this type of Should the Senate fail to adopt your amend- this amendment. At this time, I yield the floor. effort in every State, in every commu- ment, needy students in communities that The PRESIDING OFFICER. The Sen- nity across the country. I believe we have not yet received GEAR UP grants will be denied the opportunity to gain the skills ator from Pennsylvania is recognized. should. Mr. SPECTER. Mr. President, there My amendment is cosponsored by and information essential for going to col- lege. is no doubt that the GEAR UP program Senators KENNEDY and MURRAY. It is Senator Reed, we thank you for all you are is a very fine program. It has been in also supported by a broad coalition of doing to ensure that the door to higher edu- existence for a fairly short period of interested groups: the United States cation is opened wide to low-income students time. It originated with Congressman Student Association, the California in Rhode Island and throughout our nation. CHAKA FATTAH from Philadelphia, who State University; the College Board, With best regards, had the initial idea and took it to the Sincerely, the National Association for College President, who agreed with it. It was Admission Counseling, the Association KENDRA FOX-DAVIS, PRESIDENT, put into effect just a few years ago. It of Jesuit Colleges and Universities, the started out at a funding level of $120 American Association of Community The United States Student Association. This letter is sent on behalf of the fol- million. Last year, the President re- Colleges, the National Association of quested an increase, and we came up to State Student Grant and Aid Pro- lowing entities: American Association of University Women some $200 million, and our Senate bill grams, the American Association of American Counseling Association has $225 million in the program. University Women, the American The California Community Colleges Coincidentally, I happened to attend Counseling Association, the National The California State University the President’s program where he did Association of Secondary School Prin- Chicago Education Alliance one of his Saturday speeches on it. So cipals, the National Association of Chicago Teachers’ Center I know the program thoroughly. In State Boards of Education, and the Na- Cincinnati Public Schools fact, with Congressman CHAKA FATTAH, tional PTA. Cincinnati State Technical and Community I visited a school in west Philadelphia I have a letter representing their sup- Colleges Cincinnati Youth Collaborative where this program was being used. Re- port. At this time, I ask unanimous grettably, there is simply not enough consent that this letter be printed in The College Board Council of the Great City Schools money to accommodate all of the pro- the RECORD. DePaul University grams, which are good programs, which There being no objection, the letter Gadsden State Community College we would like to have. It is not possible was ordered to be printed in the Hispanic Association of Colleges and Univer- to accommodate the program Senator RECORD, as follows: sities KERRY of Massachusetts offered about UNITED STATES STUDENT ASSOCIATION, Loyola University technical training, or the Bingaman Washington, DC, June 23, 2000. National Alliance of Black School Educators amendment on an extra $250 million for Hon. JACK REED, National Association for College Admission title I, or the Wellstone amendment of U.S. Senate, Counseling The National Association for Migrant Edu- $1.7 billion. Washington, DC. We have put substantial money into DEAR SENATOR REED: On behalf of the un- cation dersigned, I wish to express my strong sup- National Association of School Psycholo- job training programs. Job Corps is up port and appreciation for your amendment gists to more than $650 million, with almost to provide $325 million for GEAR UP in FY National Association of Secondary School a $20 million increase. We have struc- 2001. Principals tured a program on school safety as to

VerDate 11-MAY-2000 02:15 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.064 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5963 violence and a program as to drugs. skill, motivation, and the confidence The PRESIDING OFFICER. Without These are programs we have structured to try, those grants won’t be useful to objection, it is so ordered. to do the best we can. them. AMENDMENT NO. 3678 The Senator from Rhode Island has So I once again urge that we move (Purpose: To adjust appropriations for work- commented about what Senator HAR- forward with this amendment. I under- force investment activities and related ac- KIN and I have attempted to do in this stand that the Senator from Pennsyl- tivities) bill, which is the maximum stretch, as vania will make a budget point of Mr. KENNEDY. Mr. President, I send I had said earlier, that can be accom- order. At that time, I will make a re- an amendment to the desk and ask for modated on this side of the aisle at quest to waive that applicable section. its immediate consideration. $104.5 billion. Regrettably, the money If the Senator is ready to make the The PRESIDING OFFICER. The is simply not present. I wish it were. motion, I am happy to yield back all clerk will report. The House has $200 million, which is my time and then be recognized. The assistant legislative clerk read less than the $225 million we have on Mr. SPECTER. Mr. President, I will as follows: just add one thing. I appreciate the sin- the Senate side. We will do our best to The Senator from Massachusetts [Mr. KEN- maintain that kind of an increase, cerity of the comments of the Senator NEDY], for himself, Mr. WELLSTONE, Mr. which would be $25 million, which is as from Rhode Island that this is a more ROBB, Mr. BINGAMAN, Mr. ROCKEFELLER, Mr. far as we can realistically go. important program. That is what the REED, Mr. DODD, Mr. AKAKA, Mr. DURBIN, Mr. How much time do I have remaining, proponents of all of the amendments KERRY, and Mr. BAYH, proposes an amend- Mr. President? have had to say. If the Senator from ment numbered 3678. The PRESIDING OFFICER. The Sen- Rhode Island could find offsets within Mr. KENNEDY. Mr. President, I ask ator has 12 and a half minutes. the budget resolution and tell me and unanimous consent that reading of the Mr. SPECTER. I have 12 and a half Senator HARKIN what programs are less amendment be dispensed with. minutes out of the 15? important and have offsets, I would be The PRESIDING OFFICER. Without The PRESIDING OFFICER. That is pleased to entertain that consider- objection, it is so ordered. correct. ation. To add to the budget, it is the The amendment is as follows: Mr. SPECTER. I have said what I had same point that has been made repeat- On page 2, line 12, strike ‘‘$2,990,141,000’’ to say. I will not use all of my time. edly—that everybody’s program is spe- and insert ‘‘$3,889,387,000’’. How much time does the Senator from cial. And I happen to agree with them; On page 2, line 13, strike ‘‘$1,718,801,000’’ Rhode Island have left? they are all special programs. But if and insert ‘‘$2,239,547,000’’. On page 2, line 15, strike ‘‘$1,250,965,000’’ The PRESIDING OFFICER. The Sen- you made it more special than some- thing already in the program and have and insert ‘‘$1,629,465,000’’. ator from Rhode Island has 4 minutes. On page 2, line 17, strike ‘‘$1,000,965,000’’ Mr. SPECTER. I intend to raise a an offset, we would not raise the rule. I ask unanimous consent that the and insert ‘‘$1,254,465,000’’. point of order under section 302(f) of On page 2, line 18, strike ‘‘$250,000,000’’ and the Budget Act, as amended, that the vote on the Reed amendment be insert ‘‘$375,000,000’’. effect of adopting the Reed amendment stacked to occur later today at a time On page 5, line 6, strike ‘‘$153,452,000’’ and would provide budget authority in ex- to be agreed upon by the leaders. insert ‘‘$197,452,000’’. The PRESIDING OFFICER. Without cess of the subcommittee’s 302(b) allo- On page 5, line 7, strike ‘‘$3,095,978,000’’ and objection, it is so ordered. insert ‘‘$3,196,746,000’’. cation and therefore it is not in order. Mr. SPECTER. Mr. President, I yield On page 5, line 26, strike ‘‘$153,452,000’’ and The PRESIDING OFFICER. The back all time if the Senator from insert ‘‘$197,452,000’’. Chair notes that the Senator from Rhode Island is prepared to do the On page 6, line 1, strike ‘‘$763,283,000’’ and Rhode Island still has time pending and same. insert ‘‘$788,283,000’’. the motion would not be in order. Mr. REED. Yes. On page 20, line 1, strike ‘‘$19,800,000’’ and insert ‘‘$22,300,000’’. Mr. SPECTER. As I said, I intend to Mr. SPECTER. Mr. President, it is raise that point of order after he has now relevant to raise the point of order Mr. KENNEDY. Mr. President, this completed his statement. under section 302(f) of the Budget Act amendment is based upon a rather I yield the floor and reserve the re- that the amendment would exceed the basic and fundamental concept; that is, mainder of my time. subcommittee’s 302(b) allocation and every worker who enters the job mar- Mr. REED. Mr. President, I recognize therefore it is not in order. ket is going to have seven or eight jobs Senator SPECTER’s dilemma with the Mr. REED. Mr. President, pursuant over the course of his or her lifetime. budget resolution, as it fairly con- to section 904 of the Congressional A number of years ago when I first strains his ability and the ability of his Budget Act of 1974, I move to waive the entered the Senate many of the work- colleagues on the committee to fund applicable sections of that act for the ers in my own State got a job at the programs that are worthwhile. In fact, consideration of the pending amend- Fall River Shipyard, and their father I note that GEAR UP is a program that ment, and I ask for the yeas and nays. or mother had a job there, and many evolved from a model that was very The PRESIDING OFFICER. Is there a times their grandfather had a job popular in Pennsylvania, the I Have a sufficient second? there, as well. They knew early in their Dream Program, and others. The Sen- There is a sufficient second. lives that they would enter the same ator is familiar with it and is sup- The yeas and nays were ordered. career as their family before them. portive of it. My point is that this is Mr. SPECTER. Mr. President, se- They acquired their skills through one of those critical programs, and we quencing now comes to the Senator training. They lived their lives more have to reach beyond this budget reso- from Massachusetts, Mr. KENNEDY. often than not with only a high school lution and budget constraints and try Parliamentary inquiry: It is my under- diploma. They acquired their skills and to find the resources. standing that there is a time agree- upgraded their skills at the place of It is particularly appropriate at this ment for 1 hour equally divided. employment, but usually their job moment, as we are looking ahead at The PRESIDING OFFICER. That is changed very little. They were able to significant surpluses that are grow- correct. have a very useful and constructive Mr. SPECTER. I thank the Chair. ing—dividends from tough fiscal deci- The PRESIDING OFFICER. The Sen- and satisfying life. sions we have made over several ator from Massachusetts is recognized. The job market has changed dramati- years—that we begin to develop a Mr. KENNEDY. Mr. President, I sug- cally in recent years. It is changing strategy to invest more and more into gest the absence of a quorum on my more every single day with the obvious education. GEAR UP is a worthwhile time. globalization and the move towards the program—eminently worthwhile. One The PRESIDING OFFICER. The information economy. New tech- could argue it is the first step in so clerk will call the roll. nologies are creating new careers and much of what is included in this legis- The assistant legislative clerk pro- new businesses, and many people are in lation, such as Pell grants, LEAP, and ceeded to call the roll. jobs that didn’t exist a generation ago. all of those programs that actually Mr. KENNEDY. Mr. President, I ask These new businesses are an important give these youngsters the money to go unanimous consent that the order for part of our new economy, and they also to college. But if they don’t have the the quorum call be rescinded. create many new jobs. But they have

VerDate 11-MAY-2000 03:32 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.065 pfrm01 PsN: S28PT1 S5964 CONGRESSIONAL RECORD — SENATE June 28, 2000 also created new challenges for our with Senators JEFFORDS, DEWINE and workers can tell you all over this coun- workers. Education has become in- WELLSTONE, to consolidate the 126 dif- try, skills are the defining issue as to creasingly important to move up the ferent workforce programs in 12 dif- what your future is going to be and ladder in the job market. And the idea ferent agencies that too often are tied what you are going to be able to pro- of continuous skill development has up with a good deal of bureaucracy. We vide for your family. become a critical part of workplace started working on that legislation This provides additional resources success. with Senator Kassebaum and it took out of the surplus to be able to fund We have learned that continuing on- three years before we passed that pro- these programs in the way that the going training has to be a lifetime ex- gram. President has recommended. perience. We know that some compa- I had the opportunity on Monday of There has been a lack of serious at- nies are providing training programs. this last week to go out to Worcester, tention to the various programs which More often than not, those training MA. There were 800 people gathered we mentioned. Tragically, I think the programs are directed to those in the there interested in the work training most dramatic has been in the Summer upper levels of the management of programs from all over New England. Jobs Program. those companies. For too long we have They are eager to know how they are Here is the story in the Wall Street left behind those who have been the going to get the resources to try to put Journal: ‘‘Fewer youths get a shot at real backbone of so many of these com- together this consolidation of training the Summer Jobs Program. This sum- panies—the workers who often lack programs in order to get the skills for mer the Workforce Investment Act re- basic academic and technical skills. people in our region of the country. places the Nation’s previous federally These programs which have been in- Workers know that they have to in- supported summer jobs.’’ cluded in the amendment that I have crease their skills, especially in the We tried to upgrade it and tighten it offered are basically to try to make area of computer technology, and they to eliminate some of the bureaucracy. sure we are going to offer more work- want to know how to access those pro- We know that there needs to be a year- ers the skills necessary in order to con- grams. Those discussions are taking round connection to the job experi- tinue to be the world leader in terms of place in cities and towns all over the ences that young people have in the our economy. country. summer. What happens? The minute we I don’t know how many others in this Part of that consolidation was what expand the mission of the Summer body go back home over the weekends we call one-stop shopping where a Jobs program, they cut out all of the and meet with various groups, includ- worker, for example, who has been dis- funds for the Summer Jobs Programs ing various business groups. I find in located or has lost their job, maybe be- for youth. We mandate a year-round my State of Massachusetts and gen- cause of the merging of various indus- approach to getting some of the need- erally throughout New England that tries, would be able to come to one iest youth equipped for the world of the first issue people raise is: When are place to learn about all the options work and we critically under-fund that we going to do something about the H– that they have for training. They effort. In doing that we doom those 1B issue? People who listen to talk would be able to have their skills as- young people to fail. about H–1B wonder what in the world it sessed. They could get information on While local groups agree that the ex- is. H–1B is a visa program. It permits jobs that are available in their areas pansion will make the program more importation of highly skilled foreign and the skills that they would need to effective, it will be more expensive. nationals to work in our plants and compete for those jobs. And they would Washington hasn’t provided the funds. corporations. That is a key question on get an accurate assessment of their The Labor Department estimates par- the minds of those involved in so many current skills. ticipation will drop 25 percent to 50 of the expanding economies in this They could see how long each train- percent from last year’s 500,000 young country. ing program takes, and a look at the people. I always say: Yes. We ought to move employment prospects. They also get Dropping over 500,000 young people— ahead. I hope we can move ahead and information about how many former most of them in the cities of this coun- expand that program before we leave participants in those programs did in try—and cutting them loose is prob- this Congress. the job market. How many of them got ably about as shortsighted of a decision H–1B visa provides a temporary solu- jobs right away, and at what salary? as could be made by this Congress. tion to a labor market shortage of They also get a look at how many of At a time where we just had the an- highly skilled workers. I think the an- those workers were still employed after nouncement yesterday of surpluses swer to this is not only in the tem- a year, and how many were able to going up through the roof, we are talk- porary way to have an expansion of the move up in those jobs to better paying ing about today cutting out effectively highly skilled workers coming to the jobs with their companies. the Summer Jobs Program for the United States, but to develop the skills The person can make up their mind. most economically challenged urban for American workers so they can have They can say: OK. I want to take that and rural areas of our country. those jobs in the future. Those are good particular program, and they are going You can’t talk to a mayor in any city jobs. They are well-paying jobs. Ameri- to be able to go to that program and of this country, large or small, who cans ought to be qualified for those. acquire the skills. It could be at a com- won’t tell you that is the most short- The only thing that is between Ameri- munity college, a four year college or sighted decision that could possibly be cans gaining those jobs are the train- at a private center. Wherever they made by the Congress today. ing programs for upgrading their skills. choose, they are aware of how partici- I know in my own city of Boston We need to strengthen our secondary pants of that program performed in the where they have anywhere from 10,000 education and provide better access to workplace. to 12,000 Summer Jobs Programs, what post-secondary education for more stu- That is what we attempted to do in a happens? The private sector comes in dents. And we have to improve the ac- bipartisan way 3 years ago. Those pro- and provides maybe 2,000 to 3,000 jobs. cess to on-the-job training for current grams are ready to go. What happens? They try to build upon the jobs pro- workers, and provide the resources to The appropriations bill pulls the rug gram that existed in previous sum- support dislocated workers with train- out from under those programs. mers. High school students get a ing and re-employment services. Our amendment is trying to restore chance to improve their academic What happened in the Senate? It is the funding at the President’s request skills and learn important workplace almost as if this appropriations bill to make sure we are going to have the skills that enable them to get higher just fell off the ceiling. It has lacked, training programs that are necessary paying jobs in future summers. Many with all due respect, the focus and at- so American workers can get the skills of them make business connections tention to what we have tried to do in to be able to compete in the modern that give them employment opportuni- some of the authorizing committees. economy. ties throughout high school and col- This fall, for the first time, we will That is what this is all about. It may lege. put in place the Workforce Investment not be a ‘‘front-page issue.’’ It may not They will find children who have Act, which I was proud to cosponsor be a ‘‘first-10-pages issue.’’ But as completed 1 year in the Summer Jobs

VerDate 11-MAY-2000 02:15 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.079 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5965 Program, a second year in the Summer omy, and every hard-working Amer- tive grants to help certain non-custo- Jobs Program, and the third year the ican is going to be able to gain skills to dial parents find a job, maintain em- private sector picks them up, and more be useful and productive workers in the ployment, and advance on their career often than not they get the job. If the future in our society. This amendment path. This is important because many young person is interested enough to ought to pass. fathers, rather than being ‘‘deadbeat continue the Summer Jobs Program How much time remains? dads,’’ are ‘‘dead broke dads.’’ They and acquire some skills, more often The PRESIDING OFFICER. The Sen- have the desire to support their fami- than not in my city of Boston they will ator has 15 minutes remaining. lies through child support payments be picked up and given a job to move Mr. KENNEDY. I yield 6 minutes to and other means, but cannot do so be- ahead. each Senator. cause they cannot secure or maintain I wonder how many Members of this The PRESIDING OFFICER. The Sen- steady employment paying a living body have ever been with a young per- ator from Hawaii. wage. son in the summer youth program the Mr. AKAKA. Mr. President, I thank Fathers Work, Families Win would my colleague from Massachusetts, Sen- day they get their first paycheck and build on the investments and partner- ator KENNEDY, for yielding time. I am see the pride and satisfaction and joy ships started under the Workforce In- pleased to be a cosponsor of the Demo- of those young people? They have a vestment Act and the Welfare-to-Work cratic skills training amendment to paycheck, many of them for the first program. State and local Workforce In- the Labor-HHS-Education Appropria- time. They have a sense of involve- vestment Boards are eligible applicants tions bill for fiscal year 2001. This ment, a sense of participation, a re- under both parts of Fathers Work, amendment further increases our coun- sponsibility, a willingness to stay the Families Win. These boards have been try’s human capital by adding $1.05 bil- course. implementing WIA [weeeea] across the lion to skills training programs at the We are saying to those young people: country, reforming the way in which U.S. Department of Labor. No way, we are cutting back. We have job training and job placement services Mr. President, while I commend the record surpluses, but not for you, chairman and ranking member for are conducted. The competitive grant young America. Then we wonder their efforts in coming forward with a program funds enable the Boards to around this body about violence in bill that avoids many of the drastic further integrate services for the popu- school, we wonder why young people cuts approved by the House of Rep- lation of low income workers under are upset, disoriented, or out of touch resentatives, there are still a number programs such as WIA, Wagner-Peyser with what is going on. We send them of vital programs that continue to be [wag-ner pie-zer] grants, Welfare-to- back into the confusion of the inner seriously underfunded. This amend- Work grants, and grants under the city, send them out there without any ment provides adequate funding for Temporary Assistance for Needy Fami- supervision, send them out there with- Federal skills training programs to lies program. This integrated approach out any sense of training or pride. That serve more individuals who are seeking will help to ensure that many low in- is what we are doing. We are basically to improve their ability to contribute come families will not fall through the abdicating our essential and important to the workplace. Today’s global econ- cracks and will find it easier to use the responsibility to the children of this omy demands that the United States network of services at their disposal. country and abandoning our commit- do all it can to ensure that every mem- I continue to be a strong supporter of ment to give workers help and assist- ber of our workforce is prepared to the Welfare-to-Work program. Last ance. meet new workplace chllenges. Unfor- year, I introduced the Welfare-to-Work Soon the Senate will discuss the tunately, the gap between high-skilled Amendments of 1999 which included issue of expanded trade with China. and low-skilled workers continues to provisions to reauthorize the program The votes are there to pass it. Many grow, leaving many at the lower end of and to improve access to the program have pointed out that some are con- the spectrum even farther behind. for more low income individuals. The cerned because some will benefit, and One particular program I would like eligibility changes were included in the benefit considerably, while others are to mention is the Fathers Work, Fami- consolidated appropriations bill for fis- going to sacrifice, and sacrifice consid- lies Win program. This important ini- cal year 2000, which I thank my col- erably. We have heard those arguments tiative improves the employment po- leagues for working on and supporting. about this providing new opportunities tential of certain low income individ- However, the Welfare-to-Work program for many aspects of our American uals who generally have lower levels of itself has not yet been renewed. With economy. Many have said yes. But education and work experience. As a eligibility changes taking effect for what about others who will be laid off? result, these individuals usually end up competitive grantees at the beginning They ought to get a little training to accepting jobs that pay relatively low of 2000 and for formula grantees later find a future for themselves and their wages and have few benefits. They this year, Welfare-to-Work efforts family. often have irregular track records in must be given more time to run. If the What is happening now? We are clos- employment: they hold several jobs at program is not reauthorized, worth- ing the door for them. We are denying a time, work part-time or intermit- while efforts at the State and local lev- them the right to have that kind of job tently, or endure periods of unemploy- els to help low income families will be training. We are denying young people ment. Many of these individuals have adversely impacted. their first job experience and we are de- been on the welfare rolls or are living Because the Welfare-to-Work pro- nying older workers the training pro- under conditions that make them vul- gram has not been extended, many grams to give them job security. It is nerable to becoming dependent on Fed- local communities are concerned be- fine for those who will make the big eral assistance. cause their efforts to help Welfare-to- fortunes. Increase the number of bil- We must not forget that these indi- Work participants have just begun. An lionaires in our society. What about viduals have the potential to make abrupt end to the program would cause those men and women who are laid off? meaningful contributions to the econ- significant investments to go to waste. The only way they can survive is to get omy and, given the opportunity, can As the U.S. Conference of Mayors training in a different job. That train- become self-sufficient and successfully states in a letter dated June 10, 2000, ing will not be there with this budget. support their families. This is one rea- ‘‘Without the extension of the Welfare- Our amendment provides $1 billion son why I am interested in seeing the to-Work program, welfare reform will additional dollars to the various train- Fathers Work, Families Win program be dealt a serious set back in our na- ing programs and the summer job pro- funded. The portion of the program en- tion’s cities which are home to the grams. This is a tangible way to show titled Families Win provides $130 mil- highest concentrations of people still Americans that we are going to provide lion in competitive grants for programs on welfare.’’ I ask unanimous consent the tools for them to fully participate to help low income parents stay em- that this letter be printed in the in this growing, expanding, and global ployed, move up the career ladder, and RECORD. society. We need to send a clear mes- remain off welfare. There being no objection, the letter sage that workers are the backbone of The program’s Fathers Work compo- was ordered to be printed in the this country, the backbone of our econ- nent provides $125 million for competi- RECORD, as follows:

VerDate 11-MAY-2000 02:15 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.084 pfrm01 PsN: S28PT1 S5966 CONGRESSIONAL RECORD — SENATE June 28, 2000 THE UNITED STATES President Mayor of areas for job growth, but the nation as CONFERENCE OF MAYORS, Denver. a whole. Hawaii’s economy is just re- Washington, DC, June 10, 2000. BEVERLY O’NEILL, covering from a decade of economic DEAR MEMBER: The United States Con- Chair, Jobs, Education stagnation and layoffs and cannot af- ference of Mayors, assembled in Seattle, is and the Workforce gravely concerned about the future of the Standing Committee, ford another recession without pro- Welfare-to-Work Program. We urge you to Mayor of Long viding the necessary funds for skills extend the Welfare-to-Work program as pro- Beach. training programs. posed in the Clinton FY 2001 budget. Without H. BRENT COLES, The current and proposed funding the extension of the Welfare-to-Work pro- Vice President, Mayor levels for skills training programs are gram, welfare reform will be dealt a serious of Boise. inadequate to ensure the availability of set back in our nation’s cities which are MARC H. MORIAL, a trained workforce. We must remain home to the highest concentrations of the Chair, Advisory committed in our efforts to equip em- people still on welfare. Board, Mayor of Mayors are aware that some members of New Orleans. ployers with an employment system Congress have legitimately raised concerns DAVID W. MOORE, capable of addressing potential labor about the low expenditure rate in the cur- Chair, Health and shortages. For the State of Hawaii, rent Welfare-to-Work program. Unfortu- Human Services eliminating all new funding for One nately, a large percentage of the funding did Standing Committee, Stop Career Centers/Labor Market In- not reach the local level until the last quar- Mayor of Beaumont. formation will adversely impact Ha- ter of 1998. In addition, the initial Welfare- Mr. AKAKA. The letter goes on to to-Work eligibility requirements have ex- waii’s ability to comply with the Work- cluded a large segment of the hardest-to- note that although welfare rolls have force Investment Act. Hawaii will not serve welfare population and thus inhibited decreased significantly across the be able to develop core employment the expenditure of the first $3 billion in fund- country, ‘‘great numbers of former wel- statistics products used by employers, ing. fare clients living in cities who are in job seekers, educators, students, and We were pleased that Congress made the need of services still remain.’’ These others. More specifically, valuable necessary changes in the eligibility require- are the hardest-to-help families who labor market information would no ments in the FY 2000 appropriations bill. need our greatest assistance. Further- longer be provided to the public. However, these eligibility changes were not more, many of these individuals will be effective immediately. The changes are not I commend Hawaii’s Job Corps pro- effective for WTW formula grant funds until reaching their lifetime limit on welfare gram for its successful placement rate October 1, 2000. For WTW competitive grant benefits imposed by the 1996 welfare re- of 70 percent. This is significant given funds, the changes became effective January form law and will no longer be able to Hawaii’s fragile economy in recent 1, 2000. rely on regular cash assistance to sup- years. The success of this program We believe that the need for the extension port their families. We cannot allow clearly illustrates the positive effect of this funding will become increasingly evi- these families to be left without any the skills training programs have on dent as the program becomes fully oper- safety net and should continue pur- ational and the eligibility changes are en- our communities. We should not reduce acted. In fact, indications from the U.S. De- suing efforts to ‘‘teach them how to or eliminate funding for these vital partment of Labor’s quarterly reports on fish’’—this is what the amendment be- programs that enhance employment WTW spending are he expenditures for for- fore us would do. opportunities for individuals and their mula and competitive grant funding have in- While I am disappointed that the bill families. creased overall and that expenditures for before us does not extend the Welfare- The amendment offered by my distin- competitive grant funding has increased sig- to-Work program, I hope that under guished colleague from Massachusetts, nificantly since January 1, 2000, when the the eligibility changes I helped to pass Senator KENNEDY, would address the eligibility changes became effective. It is last year, Welfare-to-Work program ac- potential shortcomings in funding as also expected that spend-out rates will also complishments will continue to grow increase significantly as larger numbers of proposed in the House and Senate. This TANF recipients reach their time limits and and provide strong impetus for the pro- amendment provides appropriate fund- lose eligibility for cash assistance. gram’s reauthorization. In the mean- ing for the Department of Labor’s Mayors more than anyone else recognize time, I strongly urge my colleagues to Youth and Adult Employment and that although welfare roles have declined support programs such as Fathers Training Programs, especially funding significantly across states, great numbers of Work, Families Win for low income in- for Dislocated Worker assistance, former welfare clients living in cities who dividuals. Youth Opportunity grants, Job Corps, are in need of services still remain. Many of It is interesting to note that in 1998 and One Stop Career Centers. In addi- these individuals who are still not working and 1999, while the nation was experi- have little or no skills, are unable to read tion, this amendment also provides ap- and write beyond the 8th grade level, and encing low unemployment, layoffs were propriate funding for the Summer Jobs have no work experience. When they are able still widespread. This trend was mainly program resulting from implementa- to go to work, the jobs often pay below min- due to companies requiring new skills tion of the Workforce Investment Act. imum wage, have no health benefits and are to meet the demands of a new econ- We must continue to improve our insufficient to support the individual, let omy. Unfortunately, as we have seen skills training program to ensure that alone his or her family. by the announcements of large-scale America’s workforce remains competi- As Mayors we realize that while many in layoffs from companies such as Coca- the nation believe the job of welfare reform tive to the global economy. I urge my is complete, we know that much work re- Cola, J.C. Penney Company, and Exxon colleagues to support this important mains to be done. The targeted and direct re- Mobil Corporation, the situation is not amendment. sources provided by Welfare-to-Work are es- getting any better. The PRESIDING OFFICER. The Sen- sential for us to address the concentrated So, why are we in Congress looking ator from Illinois. welfare caseloads in our cities and ensure at reducing or eliminating funding for Mr. DURBIN. Mr. President, we have that those still on welfare make the transi- vital programs that empower former just learned within the last few min- tion into the workforce. Discontinuing the welfare recipients and low-wage work- utes that a decision has been made on Welfare to Work program at this time would ers with the information and skills Capitol Hill to eliminate the Summer be a great disservice to those welfare recipi- necessary to become viable citizens in ents still unable to find self-sustaining jobs. Jobs Program for this year. That deci- The U.S. Conference of Mayors urges you their communities? Skills Training sion was made by Republican leaders to extend the Welfare-to-Work program until programs are essential to ensure that who have decided that it costs too we can honestly say that most of those in displaced workers will be able to tran- much—$40 million. need of these services are working in perma- sition into another trade. We must not We have to sit back, from time to nent, self-sustaining jobs. Now is not the forget that the Federal Reserve Board time, and measure the relative cost of time to stop the progress already made on is reviewing the possibility of raising decisions we make. If we are going to Welfare Reform and Welfare-to-Work. Now is interest rates in an effort to slow down say to literally tens of thousands of the time to ensure that those remaining on the welfare rolls who have the greatest chal- U.S. economic growth. This could nega- young people across America that lenges to employment are served. tively impact not only Hawaii’s econ- there will not be a Summer Jobs Pro- Sincerely, omy, especially the construction indus- gram, what price will we pay for that WELLINGTON E. WEBB, try that is one of Hawaii’s leading decision? For many of these kids, it

VerDate 11-MAY-2000 02:15 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.021 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5967 means there will not be an opportunity I stop behind that shovel and think: I need to get workers the skills that they need for the first time in their lives to have don’t want to do this the rest of my to compete in this information-age economy. a real job, a real learning experience in life. I am going to go back to school. I That is quite different from Europe, for ex- the workplace. am going to get my college degree and ample, where the companies are required to In this country we are prepared to provide a range of different skills training so go on. That is the value of a summer there is an investment in a company’s work- pay whatever it takes when we sen- job, too. ers. They value the individual, and they tence someone to prison. In Illinois, it Senator KENNEDY is right. If we have know that continual, ongoing training pro- costs about $30,000 a year to keep some- the values, the same values of families grams in each of those major industries one in prison. That failed life that led across America, we would be voting for makes good business sense. to crime and conviction ends up cost- this program and this amendment he is This study goes on to say that the ing us $30,000 a year. Is it too much to proposing for summer jobs for kids so poor odds of an employer offering any pay? No, we will pay it. But when it they can have a valuable work experi- training is only part of the problem. comes to jobs for kids during the sum- ence. We would be voting for this Access to employer-provided training mer, the Republican leadership has de- amendment so there will be job train- is by no means equal across categories cided it is too much to pay. ing for those dislocated from their jobs. of workers. Most businesses are un- How about school dropouts? When We don’t want to give up on workers. I likely to provide any training opportu- kids drop out of school, they not only believe in free trade, but I know that nities to clerical or production workers ruin their own lives but often affect millions of workers in America lose and when they do offer training it is in the communities in which they live. their jobs each year because of tech- the form of an orientation to their These are the kids hanging out on the nology and trade and change. We present job. There is no attention to street corners. These are the ones who should be there with programs to help up-grading the skills of those workers. may never have a job. These are the them move to the next job so they do I want to mention, as we reach the ones who become chronic statistics in not lose pace with the economy and the end of this presentation, the comments our society. We will pay for those sta- quality of life they are used to. of Federal Reserve Chairman Alan tistics one way or the other. We have This amendment gets to the heart of Greenspan. He recently said: decided that is a cost we will pay. But the values of the Members of the Sen- [The] rapidity of innovation and unpredict- when it comes to providing jobs in the ate. Senator KENNEDY is right. I am ability of the directions it may take imply a summer for kids going to school, the happy to cosponsor it. The mayor of need for considerable investment in human Republican leadership decided today it the city of Chicago said: The School capital. was too high a cost to pay. Of course, Jobs Program keeps kids away from Workers in almost every occupation when we talk about tomorrow’s work- gangs, guns, and drugs. He hit the nail are being asked to strengthen their ers, we realize that kids who are not on the head. If we put more and more skills to ensure long-term success in put on the right track with the right kids into positive programs where they the workplace. The technical know- values early in life may not go on to learn how to work and continue to how that workers need to stay on the finish school or to become the work- learn in the workplace, their lives can cutting edge is being redefined every force of the 21st century for America. be transformed. If there is one value we day. That is an expense to this country. It is share as Americans, it is the value of We are being told by the head of the obviously something the Republican hard work. Federal Reserve that this is what is leadership is willing to pay, rather The decision by the Republican lead- necessary to keep America’s economy than pay for a Summer Jobs Program. ership to close down the Summer Jobs strong. We are being told that by the What does this program mean? In my Program is a decision that flies in the business community. We are being told home State of Illinois, the decision face of the values of this country. that by workers. We are being urged to today by the Republican leaders to The PRESIDING OFFICER. The time do that by the President of the United take out the Summer Jobs Program of the Senator has expired. Who yields States. It makes no sense to undermine means that 10,000 kids coming out of time? The Senator from Massachu- that. schools in the Chicagoland area will setts. We have taken action in a bipartisan not have a 6-week minimum wage sum- Mr. KENNEDY. Mr. President, how way to develop a workforce develop- mer job. Is that an important life expe- much time do I have remaining? ment system that will be effective. In rience? Boy, it sure was for me. Going The PRESIDING OFFICER. The Sen- the next month every state will come to work meant a lot for me. As my ator has 4 minutes. on board to implement the new law. folks used to say: We want you to learn Mr. KENNEDY. I yield myself 2 min- Without this amendment we are effec- the value of a dollar. When I went to utes. tively undermining this Nation’s com- work, I understood the value of a dol- Mr. President, I welcome the superb mitment to provide important, nec- lar. I added up every paycheck and how statement made by my friend and col- essary skills for America’s workers so I was going to save it, how I was going league from Illinois. The Commission they will be able to be full participants to spend it. It also teaches you the for Economic Development says that in the American economy of tomorrow. value of hard work, the fact that you half of manufacturing companies na- It is wrong. I hope the Senate will ac- do get up with the rest of the world and tionwide do not offer any training pro- cept my amendment. go to work and don’t expect somebody grams. Nationally, all employer train- I reserve the remainder of my time. to hand you something. That is the ing programs equal just 1 percent of Mr. President, I ask unanimous con- value of a summer job, a value that their payroll costs. sent to print letters from the U.S. Con- will be denied to tens of thousands of I have here this ‘‘Opportunity ference of Mayors, National Associa- kids because of a decision the Repub- Knocks,’’ a study done as a Joint tion of Counties, and the Mayor of Bos- lican leadership made to kill the Sum- Project of Mellon New England and ton. mer Jobs Program. The value of show- Massachusetts Institute for a New There being no objection, the letters ing up on time to work, dressed prop- Commonwealth. It says: were ordered to be printed in the erly, prepared to work with your co- Which workers get employer-provided job RECORD, as follows: workers, you cannot teach all that in skills? For large employers with 50 workers THE UNITED STATES CONFERENCE school. Some of that is a life experi- or more, 80 percent are management. These OF MAYORS, ence. It is an experience I had and vir- employers are more likely to provide job Washington, DC, June 27, 2000. tually everyone has on their way to a skills training for managers, computer tech- Hon. EDWARD M. KENNEDY, successful life. For tens of thousands of nicians, and sales workers that for produc- U.S. Senate, Washington, DC. kids, they will be denied that oppor- tion or service workers. How are these lower DEAR SENATOR KENNEDY: I am writing to skilled workers supposed to improve their express the strong support of The U.S. Con- tunity because of this decision by the skills and move up the ladder? This really is ference of Mayors for the Skills Training Republican leadership. the case. Companies are doing more hiring Amendment that you will be offering to the Of course, for me and a lot of others, and firing simultaneously than ever before. Labor-Health and Human Services and Edu- that summer job taught us the value of Workers who need a new set of skills are cation appropriations bill. At our recent An- staying in school. How many times did often replaced rather than retrained. We nual Conference in Seattle, we sent a letter

VerDate 11-MAY-2000 02:15 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.085 pfrm01 PsN: S28PT1 S5968 CONGRESSIONAL RECORD — SENATE June 28, 2000 to Majority Leader Lott urging him to do for summer jobs programs and other youth ministration is, some Members will just what your amendment does—restore and skills related programs. As you know, come to the floor and demand more, critical funding to the Department of Labor Boston operates one of the nation’s largest whatever its impact on the budget. for youth and skills training. summer jobs programs. While we are at To quote the Chairman of the Fed- The U.S. Conference of Mayors just re- record low unemployment levels nationally, eral Reserve Board implicitly as being leased a survey, Examining Skills Shortages youth unemployment rates in our cities are in America’s Cities, which shows that 86 per- still unacceptably high. There is a crisis in favor of programs such as this is to cent of cities suffer shortages in technology among our young people as evidenced by the fly in the face of logic. It is the clear workers; 73 percent suffer shortages in violence and despair among youth in many position, often quoted by Members on health workers; 72 percent lack enough con- of our cities. The move to strip summer jobs the other side, that the Chairman of struction workers to fill available jobs; 71 funding from the Emergency Supplemental the Federal Reserve Board believes percent lack manufacturing workers; and 50 comes at a time when we should be investing that the single most important means percent lack enough workers to fill retail in our young people, not cutting the future to the goal of a stronger economy we and wholesale jobs. It is imperative that we out from under them. make the critical investment in our nation’s can follow is not to increase Federal I applaud your efforts to restore critical spending and, in fact, to decrease it. He current and future workforce by supporting funding to the Department of Labor for our the President’s budget proposals and increas- youth and our nation’s workers. The Skills has consistently, over the years, held ing year-round funding for youth. It is cru- Training Amendment you are offering to the to the position that for the economy as cial that sufficient resources are provided to Labor-Health and Human Services and Edu- a whole, for future job growth, the best address the needs of our nation’s youth and cation Appropriations bill will do exactly thing we can do is be modest in our the skills gap that seriously affects our na- what we need to be doing—providing suffi- tion’s economy. spending, not to increase it, I suspect, The funding level for the Summer Jobs and cient resources to address the needs of our as much as it is increased in this bill. year-round youth programs currently pro- nation’s youth and the skills gap that seri- In any event, as has been the case posed in the FY 2001 appropriation bill is un- ously affects our nation’s economy. with previous amendments of this na- acceptable, especially as programs gear up As always, thank you for your tremendous ture, it will simply add millions, in under the recently enacted Workforce In- efforts on behalf of our youth. Sincerely, some cases billions, of dollars to the vestment Act of 1998 (WIA). The funding bill. It is subject to a point of order level of the Youth Opportunity Grant Pro- THOMAS M. MENINO, gram for out-of-school youth is also short- Mayor of Boston. under the Budget Act. At the appro- sighted, as there are massive unmet needs of The PRESIDING OFFICER. The Sen- priate time, that budget point of order unemployed, out-of-school youth in high ator from Washington. will be presented. poverty areas. Mr. GORTON. Mr. President, we start Mr. KERRY. Mr. President, I would We applaud your leadership in addressing like to take a few minutes to express these issues and your efforts to restore this from the proposition that this bill, for various education and health care and my enthusiastic support for the amend- critical funding. We should be investing in ment offered by my colleague and our current and our future workforce—the job training efforts, is dramatically health and vitality of our cities, and our na- larger than the bill that was passed in friend, Senator KENNEDY. Mr. Presi- tion, depend on it. this body last year, to everyone’s satis- dent, Labor Secretary Herman summed Sincerely, faction, increasing at a rate far more up the challenge of today’s economy J. THOMAS COCHRAN, rapid than the pace of inflation or pop- when she declared at the National Executive Director. Skills Summit in April that in this ulation growth in the United States. country we have ‘‘a skills shortage, not NATIONAL ASSOCIATION OF COUNTIES, Obscured in the debate so far is the fact that there is some $5.4 billion in a labor shortage.’’ June 28, 2000. Right now we have the lowest unem- job training programs in this bill, at a Subject: Sen. Kennedy’s amendment to the ployment rate in this country in the Labor/H appropriation to increase fund- time of record low unemployment. This last 30 years. But even as we celebrate ing for skills training. represents an increase of more than $16 this remarkable feat—and it is remark- DEAR SENATOR: The National Association million over the bill that is currently able—we must remember that there are of Counties (NACo), the only organization in effect for the present year. The representing America’s counties in Wash- still some 13 million people in this greater increases in the bill, of course, country who want, but do not have, a ington, DC, fully supports Senator EDWARD were for education and for biomedical M. KENNEDY’s amendment to increase appro- full-time job. The Kennedy amendment priations for workforce investment activities research, both of which exceed the would make full-time employment a by $792 million for fiscal year 2001. NACo amounts requested by President Clin- real possibility for homeless veterans, urges the Senate to adopt this amendment to ton. Even so, the bill provides funding young people, and for youths seeking H.R. 4577, the Labor, Health and Human for two new programs requested by the summer employment. Services and Education Appropriations bill. Clinton administration: Worker train- I appreciate that the Labor-HHS sub- NACo has identified increased funding for ing and responsible reintegration of workforce development programs as a crit- committee’s allocations were inad- ical funding priority for 2000. Therefore, we youthful offenders, each at $30 and $20 equate to fund at sufficient levels all of will be tracking your vote on this amend- million respectively, a 22-percent in- the programs in this legislation and I ment and any related motion to waive the crease for dislocated workers in the think they have done a good job with Budget Act. Your vote will be recorded on course of the last 4 years, and a 25-per- what they had to work with. But clear- our web site (www.naco.org) and the informa- cent increase in the same period of ly Mr. President this bill retreats from tion will be made available to county com- time for the Job Corps. our commitment to fund many critical missioners in your state. The private sector, of course, now This amendment is of critical importance education, training, and health pro- to America’s counties. Current and proposed looking more than ever for qualified grams. I am troubled that the bill be- funding levels for inadequate to ensure that employees, has dramatically increased fore us does not adequately fund job America’s counties can effectively imple- its own hiring and training programs. training programs for homeless vet- ment the Workforce Investment Act. Sen. Of course, in comparison with the erans. Veterans issues are especially Kennedy’s amendment would address the House bill, this rejects the $400 million important to me, and I know it is of substantial shortfall in funding currently cut in the House bill in that field. great importance to my fellow veterans proposed in the House and Senate by ad- As for summer training, the argu- here in the Senate. The Kennedy dressing funding for youth programs, incum- ment of the Senator from Illinois was a bent and dislocated worker programs, and amendment would allow 1,400 more vet- one-stop career centers. peculiar one. The current law for sum- erans to receive employment place- Sincerely, mer jobs, a law passed last fall, of ment and economic security than does LARRY E. NAAKE, course, well after last summer was the bill put forth by the Republicans. Executive Director. over, has $1 billion in it for just exactly This appropriations bill severely that purpose: $1 billion for summer under-funds many important programs, CITY OF BOSTON, MA, jobs for youth. but none more critical than the youth Boston, MA, June 27, 2000. We have another in a series of job programs like Job Corps, Youth Op- Hon. EDWARD M. KENNEDY, amendments that illustrates the propo- U.S. Senate, portunity Grants program, and the Washington, DC. sition that no matter how generous Summer Jobs program. DEAR SENATOR KENNEDY: I am writing to this body is, even I may say in many Mr. President, Job Corps is the na- express my outrage at efforts to cut funding cases no matter how generous the ad- tion’s largest residential education and

VerDate 11-MAY-2000 03:32 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.023 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5969 training program for disadvantaged young people were afforded the oppor- As you are aware, the Workforce Develop- youth. This program takes head on the tunity to learn job skills and responsi- ment Act (WIA), which was signed into law issues and the people who have been bility. We have all heard teachers la- in August 1998, will become effectively July 1st, 2000. While we certainly support the WIA left behind in this period of economic ment that students often greet lessons goal of offering more comprehensive services expansion. While many Americans with cries of ‘‘When are we ever going for youth on a year-round basis, we are con- enjoy unprecedented prosperity, the to have to use this again?’’ Summer cerned that the additional requirements of nation’s unemployment rate among Af- jobs make education relevant to teen- WIA and the lack of an increase in funding rican-American teenagers is 22%, al- agers, helping to reduce drop-out rates for year-round youth programs will result in most double the national teenage un- and fostering an interest in higher edu- the Commonwealth’s inability to provide the employment rate. Twenty-six percent cation. number of jobs that we need to serve our youth population this summer. Estimates of those who dropped out of high school The Workforce Investment Act con- project that we may have to turn over half of between October 1998–99 are unem- solidates the Summer Jobs program the eligible youth away this summer barring ployed. We cannot relegate these peo- and year-round jobs program into a an increase in summer jobs funding. ple to the margins of our society, espe- comprehensive system of services for The summer jobs program in Massachu- cially during this moment of great na- at-risk, low-income youth. But under setts has been phenomenally successful, both tional wealth. the bill before us, 13,000 teens will be for our young people and the state as a There are 120 Job Corps centers in 46 whole. The young people gain work experi- eliminated from this program. The ence (many for the first time), earn a pay- states, including three in my state of Kennedy amendment would add back check (which many contribute to household Massachusetts. Since 1964, Job Corps $254 million, allowing us the oppor- expenses), and have the chance to gain aca- has given 1.7 million young people in tunity to provide summer jobs to demic skills (as summer is often a time when this country the academic and voca- 152,400 low-income students, 85% of young people slide backwards academically). tional training they need to get good, whom would not otherwise be able to The state has benefited because with the entry-level jobs, join the military, or find summer employment. young people working, negative behaviors go to college. Job Corps offers GED or that often result from idleness are pre- In March I received a letter signed by vented. high school equivalency programs and 22 mayors in the State of Massachu- This year we face a double threat, as Gov- training in various occupations, as well setts, urging me to fight for Summer ernor Cellucci has chosen not to fund the as advanced training and additional Jobs program funding. In this letter, state summer jobs program in his budget. We support services. Graduates of Job the mayors write ‘‘The state has bene- are working with the Legislature and others Corps go on to work in every field from fitted because with the young people to restore this funding to the state budget. automotive mechanics and repair, to We will certainly have a major problem if we working, negative behaviors that often lose funding from both the federal and state business, and to health occupations. result from idleness are prevented.’’ programs. This amendment would allow Job Mr. President, I ask unanimous con- At its winter meeting in January, the U.S. Corps to serve more than 70,000 addi- sent that this letter be printed in the Conference of Mayors passed a resolution to tional students and reduce staff turn- record following my statement. I know support: (1) an emergency appropriation to over by offering Job Corps employees a these programs are important and are address the shortfall of funds needed to serve more competitive salary. working. And I know they should re- youth this summer; and (2) increased funding This amendment would also greatly in the FY2001 budget to meet the projected ceive greater funding. doubling of program costs resulting from the increase funding for the Youth Oppor- The PRESIDING OFFICER. Without new requirements of the Workforce Invest- tunity Grants. These grants serve some objection, it is so ordered. ment Act. A copy of the resolution is en- of the poorest inner-city areas and Na- (See Exhibit 1.) closed. tive American reservations in the Mr. KERRY. Mr. President, I don’t Please keep us updated on the efforts to in- country, where unemployment levels want to end today without pointing out clude funding for summer jobs in the emer- are well above the national average. the importance of this amendment to gency appropriation and increased funding in Unfortunately, the Republican legisla- the FY 2001 budget. Thank you for your con- our national trade policy. I believe tinued support and assistance on this high tion would not allow the Department very strongly in free trade. I know that priority issue. of Labor to expand this program. Last the Trade and Development Act that Sincerely, year, the Department of Labor was we passed earlier this year and grant- Thomas Menino Mayor, Boston; Daniel able to fund only 36 of 150 grants under ing PNTR to China—if we ever get the Kelly Mayor, Gardner; Mary Whitney the Youth Opportunity Grant program, chance to debate it in the Senate—will Mayor, Fitchburg; Michael Tautznik two of which are in Boston and Brock- grow Massachusetts’s economy and Mayor, Easthampton; Robert Dever ton, Massachusetts. This amendment produce long-term benefits for workers Mayor, Woburn; William Scanlon would allow the Department of Labor Mayor, Beverly; Mary Clare Higgins in Massachusetts and across the coun- Mayor, Northampton; Lisa Mead to fund 15–20 new grants, allowing us to try. But the budget put forth by the Mayor, Newburyport; John Yunits provide job skills and real work experi- Republicans takes no responsibility for Mayor, Brockton; Thomas Ambrosino ence to people who live in areas that protecting those who are most at risk Mayor, Revere; Ted Strojny Mayor, have only heard rumors about our na- for being left behind. This amendment Taunton; David Madden Mayor, Wey- tion’s economic growth, but have not does claim that responsibility. As we mouth; Edward Lambert, Jr. Mayor, seen it for themselves. continue with our push to open new Fall River; Gerald Doyle Mayor, Pitts- I would also like to voice my support markets, we have got to ensure those field; Patrick Guerriero Mayor, Mel- rose; Peter Torigian, Mayor, Peabody; for increasing funding by $254 million who lack the skills, the income or the to restore cuts in the Summer Jobs James Rurak, Mayor, Haverhill; John education to get quality jobs can have Barrett III Mayor, North Adams; Rich- program. In late March I met with 20 an opportunity to succeed in the new ard A. Cohen Mayor, Agawam; David members of the Boston Mayor’s Youth economy. I urge my colleagues to sup- Ragucci Mayor, Everett; Frederick Council, who raised money to travel to port this amendment. Kalisz, Jr. Mayor, New Bedford; James Washington. We met right outside this EXHIBIT I A. Sheets Mayor, Quincy. chamber on the Senate steps. The 20 MASSACHUSETTS MUNICIPAL Mr. BINGAMAN. Mr. President, I rise young people that I met with spoke ex- ASSOCIATION, to speak briefly about the amendment tremely eloquently and passionately Boston, MA, March 22, 2000. my good friend from Massachusetts, about their experiences in summer jobs Hon. EDWARD M. KENNEDY, Senator KENNEDY, has offered to the programs, and they asked me to speak Russell Senate office Building, Labor/HHS appropriations bill to re- on their behalf in Washington in sup- Washington, DC. store critical funding to skills training port of the Summer Jobs program. Hon. JOHN F. KERRY, programs at the Department of Labor. Well, Mr. President, I intend to speak Russell Senate Office Building, Mr. President, I appreciate the work Washington, DC. on their behalf. Approximately 85% of that Senators SPECTER and HARKIN DEAR SENATORS KENNEDY AND KERRY: We youths in the summer jobs program are writing to urge you to advocate for sum- have put into this bill. Finding the ap- last year were between the ages of 14– mer jobs funding in the Emergency Supple- propriate balance in this bill is par- 17. Teens in that age group typically do mental Appropriations bill currently before ticularly difficult. And, while I am dis- not find private-sector work. But these Congress. appointed with the funding levels for

VerDate 11-MAY-2000 03:32 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.090 pfrm01 PsN: S28PT1 S5970 CONGRESSIONAL RECORD — SENATE June 28, 2000 many of the programs at the Depart- employment services they want and cide, to abuse alcohol or drugs, and to ment of Labor, I do understand that need, and every American would have become pregnant as teenagers. The $255 Senator SPECTER and Senator HARKIN access to One-Stop Career Centers. million requested for this initiative is care deeply about the programs af- However, and unfortunately in my dwarfed in comparison by the amount fected by this amendment. opinion, unless the level of funding in of money the Federal Government There are several components of the the Senate’s Labor/HHS bill is not in- spends on dealing with the con- amendment offered by Senator KEN- creased, this will be the first year since sequences of fatherlessness. NEDY but I would like to take a minute 1994 that there will be no increase in There are several pieces to this puz- to discuss one in particular that is of these funds, and our commitment to zle, one of which is employment serv- critical importance to my state of New universal reemployment will be in seri- ices. Too many fathers are unable to Mexico. ous jeopardy. Specifically, this bill provide financial support for their chil- Mr. President, the amendment calls cuts over $181 million from the Presi- dren. Although many of these fathers for an additional $181 million for dis- dent’s request which will mean the De- have the desire to take responsibility located worker assistance This addi- partment of Labor will be able to serve for their children, they do not have the tional funding would meet the Presi- 100,825 fewer recipients. While the bulk means. In short, these fathers are not dent’s request for fiscal year 2001. of this cut would fall on State/local for- dead-beat, they are dead-broke. The When Congress passed the Workforce mula funding, it is important to note ‘‘Fathers Work, Families Win’’ initia- Investment Act a couple years ago, an that 20 percent of the cut—over $36 tive gives us a way to work through important component was the funding million, would be in the Secretary’s re- the current infrastructure to deliver stream for dislocated workers. While serve funds, reducing her capacity to employment services to fathers and much of the Nation has prospered over make National Emergency Grants to noncustodial parents. Skill-building the past eight years, many in my home respond to disasters and large scale and employment services will help to state have not. I have seen plant clos- layoffs. increase the employment rate among ing from Roswell and Carlsbad in the Mr. President, as my colleagues noncustodial fathers and therefore, in- east, to Las Cruces in the south, Albu- know, New Mexico has been through a crease child support payments. querque in the north and Cobre in the couple rough months. These funds for Our challenge is to give fathers the west. Thousands of high paying jobs dislocated workers are extremely im- tools necessary to be successful par- have been lost, and especially hard hit portant and I urge my colleagues to ents. While employment services for has been the extractive industries. I support the Kennedy amendment to noncustodial parents is an essential don’t need to tell my colleagues how bring the level of funding for this, and component to making fathers respon- devastating a plant closing can be on a many other important programs, up to sible, it is not the only service that is community and families. the level of the President’s request. needed to ensure these fathers become The Workforce Investment Act au- Finally, Mr. President, I would also good parents. Senator DOMENICI and I thorizes grants to States and local encourage my colleagues to support have introduced a comprehensive pack- areas to provide core, intensive train- this amendment because of the in- age designed to address the ing and supportive services to laid off creased funding levels for Youth Oppor- fatherlessness epidemic. S. 1364, the workers with the aim being to help tunity Grants, the Summer Jobs Pro- Responsible Fatherhood Act of 1999 them return to work as quickly as pos- gram, and for Job Corps, among others. would provide states with funds to pro- sible at wages as close as possible to These programs, and the funding levels mote the maintenance of married, two- those received prior to the layoff. contained in this amendment are like- parent families, strengthen fragile These funds are critically important as wise critical to meeting the needs of families, and promote responsible fa- the nature of our economy has changed young people in my state. therhood. In addition to the program over the last decade from an industrial Again, Mr. President, I hope my col- grants available to states, states would base economy to a technologically leagues will support this amendment receive funds for a media campaign. A based one. Workers who are laid off and commend my friend, Senator KEN- media campaign would be an effective today, particularly those who have NEDY, for his leadership on issues that way to communicate the message of fa- been with the same company for a are so important to families and work- ther responsibility across ethnic, ra- number of years, are often unprepared ing men and women throughout this cial, and income barriers. The bill also to reenter the work place or for the country. recognizes the need to remove federal new economy they face. Training and Mr. BAYH. Mr. President, I rise disincentives to pay child support. retraining is critical to develop the today in support of Senator KENNEDY’s We face a great challenge, but we skills they need to quickly find a de- skills training amendment. This must not let it overwhelm us. We must cent paying job and get back on their amendment contains important meas- instead begin to put the pieces of the feet. ures to provide individuals with the puzzle together. I commend Senator Under President Clinton, dislocated necessary skills to succeed in the KENNEDY for including the ‘‘Fathers worker funding has tripled from $517 workforce. The amendment addresses Work, Families Win’’ initiative in his million in Program Year 1993 to $1.589 the need to provide employment skills amendment. It is my hope that the billion in Program Year 2000. Yet de- training to noncustodial parents, par- Senate will enact this legislation and spite these increases, the need for these ticularly fathers. The ‘‘Fathers Work, continue to pursue other solutions to services has unfortunately kept pace Families Win’’ initiative begins to ad- the epidemic of fatherlessness. with, and in some cases exceeded, the dress a very troubling epidemic, Mr. REED. Mr. President, I’m here to availability of funds. The President’s fatherlessness. speak about the Kennedy Workforce In- budget for year 2001 continues the com- The number of children living in vestment amendment restoring cuts to mitment to dislocated worker pro- households without fathers has tripled the Department of Labor’s training grams by providing adequate funding over the last forty years, from just funds. levels that will give dislocated workers over five million in 1960 to more than This amendment is just plain com- the tools to compete in the new econ- 17 million today. Although the work of mon sense. The single best thing we omy. This is the second installment of single mothers is truly heroic, father can do for our society, and for every a five-year Universal Reemployment absence has caused unnecessary bur- working family, is to make sure that Initiative. Under the Universal Reem- dens on women and has forced millions every American who wants a decent ployment Initiative, dislocated worker of children to overcome difficult social paying job has the skills necessary to funding was to be increased each year hurdles. For example, children that obtain a decent paying job. By helping to ensure that by 2004 every dislocated live absent their biological fathers are youths and adults get the job training worker would receive training and re- five times more likely to live in pov- they need, we help turn them into tax- employment services if they want and erty. They are more likely to bring paying citizens who can purchase goods need it, every unemployment insurance weapons and drugs into the classroom, and services, buy homes and afford claimant who loses their job through to commit a crime, to drop out of health care, and contribute to our no fault of their own would get the re- school, to be abused, to commit sui- growing economy.

VerDate 11-MAY-2000 03:04 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.027 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5971 This amendment, in a multitude of stronger. Adopting this skills training The legislative clerk read as follows: ways, tries to address the most basic amendment is good for both American The Senator from Nevada [Mr. REID], for challenge facing our country: How do business and American workers, and himself and Mr. WELLSTONE, proposes an we help American workers develop the every member of this Chamber should amendment numbered 3680. skills they need to excel in an increas- be in support of it. Mr. REID. Mr. President, I ask unan- ingly complex and constantly evolving The PRESIDING OFFICER (Mr. imous consent that reading of the economy? CRAPO). Who yields time? amendment be dispensed with. First, our amendment helps by fully The Senator from Massachusetts has The PRESIDING OFFICER. Without funding the Dislocated Worker Assist- 1 minute remaining. The Senator from objection, it is so ordered. ance Program. It restores $181 million Washington has 26 minutes remaining. The amendment is as follows: in funding to a program that has made The Senator from Washington. On page 34, line 17, insert before the period a substantial difference in the lives of The Chair notes there is time still the following: ‘‘: Provided further, That with- Rhode Island workers. We, like many pending on the amendment. in the amounts provided herein, $3,000,000 formerly industrial states, have suf- Mr. KENNEDY. I yield back the re- shall be available for the Center for Mental fered great worker dislocation as in- mainder of my time. Health Services to support through grants a Mr. GORTON. I yield back the re- certification program to improve and evalu- dustries have left, often to go some- ate the effectiveness and responsiveness of where overseas where labor was cheap- mainder of my time. I raise a point of order under section suicide hotlines and crisis centers in the er. Restoring this funding to the Presi- United States and to help support and evalu- dent’s request would allow 100,000 more 302(f) of the Budget Act, as amended, ate a national hotline and crisis center net- workers, dislocated through no fault of that the effect of adopting the amend- work’’. their own, access to training, job ment provides budget authority in ex- Mr. REID. Mr. President, it is my un- search and re-employment services. cess of the subcommittee’s 302(b) allo- derstanding there are 30 minutes that Our amendment also grants the Ad- cation under the fiscal year 2001 Con- have been designated for the amend- ministration’s request for $44 million current Resolution on the Budget and, ment being offered. to improve access to One-Stop services therefore, is not in order. The PRESIDING OFFICER. No for- for million of Americans and make the Mr. KENNEDY. Pursuant to section mal time agreement has been entered job search process less overwhelming 904 of the Congressional Budget Act of regarding this amendment. and more efficient. The Director of the 1974, I move to waive the applicable Mr. REID. If the Chair would be kind Rhode Island Department of Labor and sections of the Budget Act for consider- enough to advise me when I have used Training informed me that the current ation of the pending amendment, and I 15 minutes, I won’t ask for a unani- cuts to this program will ‘‘seriously ask for the yeas and nays. mous consent agreement, but there was impact’’ the ability of our state to pro- The PRESIDING OFFICER. Is there a an agreement that there would be ap- vide the services and information now sufficient second? proximately a half hour on this. required by the Workforce Investment There is a sufficient second. This amendment would provide $3 The yeas and nays were ordered. Act for use by job seekers and employ- million to certified crisis centers. This Mr. GORTON. Mr. President, I ask ers. deals with the plague of suicide that is unanimous consent that for the time In addition to fully funding adult sweeping this country. Every year in being we lay aside the current amend- worker skills programs, our amend- America, 31,000 people kill themselves. ment would add $254 million to restore ment. The PRESIDING OFFICER. Without This is probably far fewer than the ac- cuts in the Summer Jobs Program re- objection, it is so ordered. tual number. It is something that is sulting from implementation of the Mr. GORTON. Mr. President, I ask very devastating to those who are sur- Workforce Investment Act. Many unanimous consent that following the vivors. But there is also a situation in states, like my own, were unprepared conclusion of the debate on the this country that creates a tremendous for this dramatic change in the federal Wellstone amendment on the subject of loss of economic benefits for everyone funding stream. Thousands of kids in suicide, the Senate proceed to vote in concerned. Rhode Island, especially 14- and 15- relation to the previously debated I offered this amendment on behalf of year-olds, are now going without sum- amendments, with 2 minutes prior to Senator WELLSTONE because I was mer jobs. Many of these kids are from each vote for explanation. Those votes asked to by his staff. Since Senator small towns, others are from inner city are as follows: WELLSTONE is the prime sponsor of this Providence—both are limited by their Dodd amendment No. 3672 on commu- amendment and is now on the floor, I age and the lack of job opportunities in nity learning centers; would like for him to proceed. I will be their respective communities. Kerry of Massachusetts amendment happy to proceed when the Senator has Giving young people job experience No. 3659 on technology literacy; completed his remarks. The amend- benefits the entire country. The devel- Reed of Rhode Island amendment No. ment has been offered. opment of good work habits and a re- 3638 on the GEAR UP program; and Mr. SPECTER. Mr. President, par- spect for the virtues of labor alone are Kennedy amendment No. 3678 on work- liamentary inquiry: Is there any pend- strong payoffs. Everyone in this Con- force investment. ing business at the moment? gress should be supporting a restora- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The tion of these cuts. objection, it is so ordered. pending business before the Senate is Finally, our amendment would re- Mr. GORTON. Those votes, Mr. Presi- amendment No. 3680. store $29 million to the Job Corps pro- dent, will start at about 3:30 p.m., for Mr. SPECTER. Is that the amend- gram, one of the most effective pro- the information of my colleagues. ment by the Senator from Minnesota? grams in the country for kids between Mr. REID. I suggest the absence of a The PRESIDING OFFICER. It is. the ages of 16 and 24. A recent quorum. Mr. SPECTER. Mr. President, I be- Mathematica Policy Research Inc. The PRESIDING OFFICER. The lieve we were scheduled to vote at 3:30 study shows that 16- to 17-year-old clerk will call the roll. on four amendments. So I inquire of youths who go through the Job Corps The assistant legislative clerk pro- my colleague from Minnesota how long program are 80 percent more likely to ceeded to call the roll. he will be on this matter. earn a high school diploma or GED AMENDMENT NO. 3680 Mr. WELLSTONE. Mr. President, I than a control group excluded from the (Purpose: To provide for a certification pro- will be quite brief. I apologize. I didn’t program. This group also earned sala- gram to improve the effectiveness and re- realize the amendment was coming up ries that were 20 percent higher and sponsiveness of suicide hotlines and crisis now. Senator REID and I were doing had arrest rates that were 14 percent centers) this together. Probably 10 minutes is lower. This program works, and we Mr. REID. Mr. President, I send an what I will need. My understanding is should be fully funding it. amendment to the desk and ask for its that the Senator from Pennsylvania, Strengthening our workforce immediate consideration. who has been focused on suicide pre- strengthens our families, and ulti- The PRESIDING OFFICER. The vention and trying to do better with mately makes our entire country clerk will report. mental health treatment, would accept

VerDate 11-MAY-2000 03:32 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.098 pfrm01 PsN: S28PT1 S5972 CONGRESSIONAL RECORD — SENATE June 28, 2000 the amendment. I think I can do this in I thank Surgeon General David St. Louis Life Crisis Services. 10 minutes. Satcher for doing marvelous work. The Crisis Call Center, Reno, Nevada. Covenant House. Mr. REID. Mr. President, I was going Surgeon General’s report, which came Fargo HotLine. to take 15 minutes, but 10 minutes out recently, talks about 500,000 people HelpLine of Delaware County. would be fine. every year in our country requiring HelpLine of Morrow County. Mr. SPECTER. Mr. President, I ask emergency room treatment as a result CONTACT of Pittsburgh. unanimous consent that we proceed to Sioux Falls, Volunteer Information Center of attempted suicide. In 1996, nearly HelpLine. the Wellstone amendment on a 10- 31,000 Americans took their own lives. Nashville Crisis Intervention Center. minute time agreement. I think of Al and Mary Kluesner in Houston Crisis Center. The PRESIDING OFFICER. The the State of Minnesota who started Crisis Link of Northern Virginia. Chair advises Senators that there is no this organization called SAVE. They Friends of Mental Health of Loudon Coun- ty. time agreement, unless we get this themselves have lost two children to unanimous consent agreement. suicide. Several of their other children Mr. WELLSTONE. Mr. President, Mr. SPECTER. Mr. President, I ask have been unbelievably successful in what this amendment does is add $3 unanimous consent that the time on their lives. There has been, up until million to SAMHSA to support, the Wellstone amendment be divided fairly recently, this shame and people through grants, a certification pro- gram that would evaluate the effec- with 7 minutes for Senator WELLSTONE feeling as if it is their own moral fail- and 3 minutes for this Senator. ure. But it has so little to do with that. tiveness and responsiveness of crisis Mr. REID. I haven’t spoken yet. I I met a couple weeks ago with Dr. centers and suicide hotlines across the have only spoken for 1 minute. David Shaffer from Columbia Univer- United States. It also helps to support a national Mr. WELLSTONE. I object. I say to sity and Kay Jamison from Johns Hop- hot line and crisis center network. my colleague from Pennsylvania, I kins University. She has done some of There are 750 such crisis services in haven’t been out here on the amend- the most powerful writing. It was Dr. place across the country today. These ment. He knows that, and I don’t want Jamison who said before Senator SPEC- centers are documented in the direc- the Senator from Nevada to only have TER’s committee, ‘‘The gap between tory kept by the American Association a few moments. It is an important what we know and what we do is le- of Suicidology. issue. I don’t think we can do it in that thal.’’ To date, there has been little or no time. We know so much about the ways in funding to help support the training Mr. SPECTER. I withdraw my re- which we can treat this illness and we and to improve the quality of guidance quest and suggest that we proceed. can prevent people from taking their through these hot line and crisis serv- The PRESIDING OFFICER. The Sen- lives, but we have not done nearly as ices. This amendment does exactly ator from Minnesota is recognized. much. We have many different organi- that. These funds will be used to im- Mr. WELLSTONE. Mr. President, we zations that support this amendment. I prove the training and the skills of the will move forward and not go through ask unanimous consent that this list staff at the crisis hot lines for suicides. any unnecessary delay. This amend- be printed in the RECORD. There will be a variety of ways in ment would support a certification pro- There being no objection, the mate- which we can get the money to people gram to improve and evaluate the ef- rial was ordered to be printed in the so this work can be done. fectiveness and responsiveness of sui- RECORD, as follows: In awarding these grants, I encourage cide hotlines and crisis centers in the ORGANIZATIONS SUPPORTING THE WELLSTONE- the Secretary of Health and Human U.S. and to help support and evaluate a REID-KENNEDY SUICIDE PREVENTION AMEND- Services to collect an experienced non- national hotline and crisis center net- MENT TO THE LHHS APPROPRIATIONS BILL, profit organization with significant ex- work. JUNE 28, 2000 pertise to administer this program. Let me go through these figures here 38 ORGANIZATIONS According to U.S. Surgeon General on the chart. American Association of Suicidology David Satcher, approximately 500,000 Suicide facts for our country: (AAS). people each year require emergency Every 42 seconds someone attempts American Foundation for Suicide Preven- room treatment as a result of at- tion (AFSP). suicide. tempted suicide. In 1996 alone, nearly Each 16.9 minutes someone completes Suicide Prevention and Advocacy Network (SPAN). 31,000 Americans took their own lives. suicide. Suicide Awareness/Voices of Education In the U.S., suicide is the third leading Suicide is the eighth leading cause of (SA/VE). cause of death of people age 15–34. A all deaths. National Mental Health Association suicide takes place in our country Death rates from suicide are highest (NMHA). every 17 minutes. for those over age 75. National Alliance for the Mentally Ill In some parts of our country, includ- The incidence of suicide among 15- to (NAMI). ing my own state of Minnesota, suicide 24-year-olds has tripled over the past 40 Bazelon Center for Mental Health Law. American Psychiatric Association. is the second leading cause of death for years, making it the third leading kill- American Psychological Association. these young people. Three times the er in that age group of 15- to 24-year- National Mental Health Awareness Cam- number of Minnesotans die from sui- olds. paign. cide than from homicide. In the State of Minnesota, it is the Light for Life Foundation (Yellow Ribbon We know, without a doubt, that 90 second leading killer of young people Campaign). percent of all completed suicides are from age 15 to 24. These statistics that QPR Institute (Question/Persuade/Refer). linked to untreated or inadequately deal with mental illness and suicides National Organization of People of Color Against Suicide (NOPCAS). treated mental illness or addiction. To are disturbing. I point out to my col- National Institute for Gay, Lesbian, Bisex- prevent suicide requires an all-out pub- leagues that one of the factors that ual, Transgender (NIGLBT). lic health effort that will recognize makes it so disturbing is that so much With One Voice. this problem, and will educate our of suicide is connected to mental ill- Contact USA. country that we can no longer afford to ness, especially depression or substance Crisis Support Services of Alameda Coun- turn our eyes away from the unthink- abuse, and so much of it is diagnosable. ty. Contra Costa Crisis Center. able reality that our citizens, even our Frankly, it is treatable. Didi Hirsch Community Mental Health children, may want to die. Really, there should be a hue and cry Center. Dr. Satcher and other national men- in the country for corrective action. I San Mateo Crisis Intervention and Suicide tal health experts, such as Dr. Steve do a lot of work with Senator DOMEN- Prevention Center. Hyman, Director of the National Insti- ICI, and I get to do this work with Sen- Pueblo Suicide Prevention Center. tute of Mental Health, have helped ator REID and Senator KENNEDY as Alachua County Crisis Center. bring this issue forward, and to help us CrisisLine of Lantana. well. There are a whole host of issues Switchboard of Miami. understand that, with proper treat- that deal with our failure to provide Cedar Rapids Foundation 2. ment, this is one of the most prevent- decent mental health coverage for peo- Prince George’s County Hotline and Sui- able tragedies that we face as a coun- ple. cide Prevention Center. try.

VerDate 11-MAY-2000 03:04 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.071 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5973 In 1996, the World Health Organiza- timely, and even with its modest fund- tified by the American Association of tion also issued a report urging mem- ing can help save many lives. This Suicidology, and some are connected bers worldwide to address the problem amendment has the support of Sen- through the Hope Line Network that is of suicide, and one result was the cre- ators REID and KENNEDY, as well as the working to establish a national net- ation of a public/private partnership to support of the national groups: work, this process has only just begun. seek a national strategy for the U.S., American Association of Suicidology, These centers perform a critically im- involving many government agencies American Foundation for Suicide portant service and would benefit enor- and advocacy groups. This is clearly a Prevention, mously from a national certification serious problem throughout the world. SPAN (Suicide Prevention and Advo- process and regular staff training. The For too long, mental illness has been cacy Network), time is right to fund such a process. stigmatized, or viewed as a character National Mental Health Association, Staff at crisis centers need to be flaw, rather than as the serious disease National Alliance for the Mentally trained to conduct a suicide risk as- that it is. A cloak of secrecy has sur- Ill, sessment to determine the seriousness rounded this disease, and people with American Psychiatric Association, and urgency of someone who may be mental illness are often ashamed and American Psychological Association, contemplating suicide. They also need afraid to seek treatment, for fear that Bazelon Center for Mental Health to know when to refer the individual to they will be seen as admitting a weak- Law, and SA/VE, a group based in Min- a local community mental health pro- ness in character. For this reason, they nesota (Suicide Awareness/Voices of may delay treatment until their situa- vider if the person is not in crisis. But Education), headed by Al and Mary most importantly, they need to know tion becomes so severe that they may Kluesner. feel incapable of reaching out. when to send the police to the person’s My amendment will add $3 million to home or workplace if the staff person is Although mental health research has SAMHSA to support through grants a well-established the biological, genetic, convinced that a suicide is about to certification program to improve and take place. and behavioral components of many of evaluate the effectiveness and respon- Most people think that there is a na- the forms of serious mental illness, the siveness of crisis centers and suicide tional suicide hotline already in place illness is still stigmatized as somehow hotlines across the United States, and that links people throughout the coun- less important or serious other than to help support a national hotline and try. But until recently, this was not so. illnesses. Too often, we try to push the crisis center network. Although there Crisis centers operated on their own, problem away, deny coverage, or blame are 750 such crisis services in place with volunteer help, and few resources. those with the illness for having the across our country—these centers are Recently, a national hotline number illness. We forget that someone with documented in the directory kept by (1–800–SUICIDE) was established mental illness can look just like the the American Association of through the Hope Line Network, person we see in the mirror, or the per- Suicidology—to date there has been lit- through the National Mental Health son who is sitting next to us on a tle or no funding to help support the Awareness Campaign. As an example of plane. It can be our mother, our broth- training and improve the quality of the the incredible need for such a number, er, our son, or daughter. It can be one guidance that is provided through of us. We have all known someone with the national hotline found itself flood- these hotline and crisis services. a serious mental illness, within our This amendment will do exactly that. ed with calls after recently advertising families or our circle of friends, or in These funds will be used to help im- on MTV and Fox Family Channel. Ad- public life. Many people have coura- prove the training and skills of the ditionally, 1.5 million Americans geously come forward to speak about staff at crisis hotline suicides, through logged onto their website during the 2 their personal experiences with their guidance provided by the American So- weeks after this advertising began. illness, to help us all understand better ciety of Suicidology, the Center for There are obviously many people who the effects of this illness on a person’s Mental Health Services, the National are in need of this service. And it needs life, and I commend them for their Institute Mental Health, and other to be the best possible service, and courage. linked as best it can be to local help. The statistics concerning mental ill- mental health professionals. It will also help support the development of a By improving the training and skills ness, and the state of health care cov- of crisis hotline operators, such con- erage for adults and children with this national hotline and network of cer- tified crisis centers. tact can be of the highest quality. Cer- disease are startling, and disturbing. tification would require rigorous on One severe mental illness affecting In the awarding of grants, I would en- courage the Secretary of HHS to select site training and visits, evaluation of millions of Americans is major depres- operations, records reviews, sion. The National Institute of Mental an experienced non-profit organization with significant expertise in this area verification of staff training and skills, Health, an NIH research institute, and the like. within the U.S. Department of Health to administer the certification process, and Human Services, describes serious so that this process of training can The Surgeon General is to be com- depression as a critical public health begin as quickly as possible. mended for bringing this issue of sui- problem. More than 18 million people Telephone hotlines are only one of cide forward as a major public health in the United States will suffer from a the points of intervention, and are not crisis in his 1999 report, Call to Action depressive illness this year, and many and cannot be the only solution to to Prevent Suicide. In his report, he will be unnecessarily incapacitated for those who suffer from severe mental specifically cited the need for insti- weeks or months, because their illness illness and the extraordinary despair tuting training programs concerning goes untreated. Many will die. that leads to suicide. Our country also suicide risk assessment and recogni- I recently had the good fortune to needs to ensure that Americans have tion, treatment, management, and meet with a group of some of the fore- fair access to medical care, that the aftercare intervention. He also asked most experts on suicide prevention, in- stigma associated with mental illness that community care resources be en- cluding Dr. David Shaffer, from Colum- is reduced, and more education and hanced as referral points for mental bia University, and Dr. Kay Jamison, training for health care providers is health services. This amendment helps from John Hopkins University. They made available. But the hotline does to support both of these requests. gave me an extraordinary overview of provide a lifeline for those who need to I must emphasize that suicide is the many critical points of interven- reach out for help and have nowhere often linked to severe depression and tion where suicide may be prevented, else to turn too when they reach the other forms of mental illness. These and it is my intention to develop a point of despair. illnesses are not the normal ups and larger bill, in collaboration with Sen- The crisis centers that run suicide downs everyone experiences. They are ator HARRY REID, and hopefully many hotlines are often patched together illnesses that affect mood, body, behav- of my colleagues, that will address through a variety of funding sources, ior, and mind. Depressive disorders many of these issues. and struggle to keep their staff trained interfere with individual and family But this amendment will meet an im- and their services of the highest qual- functioning. Without treatment, the portant need right now, one that is ity. Although some centers are cer- person with a depressive disorder is

VerDate 11-MAY-2000 03:04 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.053 pfrm01 PsN: S28PT1 S5974 CONGRESSIONAL RECORD — SENATE June 28, 2000 often unable to fulfill the responsibil- This one really gets to me. I admit work of hotlines and crisis centers to ities of spouse or parent, worker or em- that until I saw this—I believe I do a call for help, and that a trained and ployer, friend or neighbor. And far too lot of work in the mental health area— certified staff member will be available often, without treatment, a person can I didn’t realize the suicide rates are to intervene effectively. Every 17 min- reach such a level of despair that they highest for those over age 75. I didn’t utes another American completes sui- will take their own life. This amend- realize that. My focus has really been cide. We can do much more to prevent ment will fund programs to help people on young people because in my State of this national tragedy. Our proposal is a get the treatment they need before it is Minnesota, for the age of 15 to 24, sui- small, but significant, step toward pre- too late. As Dr. Kay Redfield Jamison cide is the second leading cause of venting the unnecessary loss of Amer- stated in a recent Senate hearing on death. ican lives, and I urge the Senate to suicide, when it comes to treatment for We need to do better. In this piece of support it. mental illness, ‘‘the gap between what legislation, we take this funding from The PRESIDING OFFICER. The Sen- we know and what we do is lethal.’’ administrative services and put it into ator from Nevada. The issue of suicide prevention is one this program. I think it will make a Mr. REID. Mr. President, my friend that we have discussed before, at a very positive difference. from Minnesota has been a great part- hearing held by Senator SPECTER, and I am delighted that my colleagues on ner on this issue. He has been very un- during other discussions about mental the other side of the aisle are going to derstanding. He is a very caring person, health research and treatment. I am support this amendment. as indicated by the work he has done. proud of my colleagues who have sup- Mr. KENNEDY. Mr. President, I He has outlined very generally and in ported these efforts, including the co- strongly support this amendment, many cases specifically the problems sponsors of this amendment, Senator which is a long overdue attempt to deal we have in America today relating to REID and Senator KENNEDY. I am proud more effectively with suicide, a serious suicide. to join them in bringing this amend- public health threat in the United There is no question about it. Sui- ment forward, and I ask you for your States. cides occur more often in this country support. In 1998, suicide was the cause of more than can be calculated. As I have indi- There is a piece of legislation I have than 29,000 deaths —nearly 60 percent cated, the statistics that the Senator with Senator DOMENICI called the Men- higher than the number of homicides in from Minnesota gave us are reported tal Health Equitable Treatment Act. that year. The nation’s Surgeon Gen- suicides. There are many deaths that We believe, especially when it comes to eral, Dr. David Satcher, issued a Call appear to be accidents that are sui- physician visits and days in hospitals, to Action to Prevent Suicide in 1999, in cides, and they cannot be calculated. that people with a mental illness which he recommended a national The State of Nevada leads the Nation should be treated the same way as peo- strategy to reduce the high toll that in suicide. It doesn’t matter what age ple with a physical illness. We think it suicide takes. Our amendment will pro- group it is. It doesn’t matter whether is time to end this discrimination. vide grants through the Center for they are teenagers or senior citizens. I have two other amendments that Mental Health Services to help support The State of Nevada has the dubious are included in other legislation which a national network of suicide hotlines distinction of leading the Nation in deal with the problem of suicide and and crisis centers, and to provide a cer- suicide. That is too bad. mental health—especially with young tification program for the staff mem- This amendment is a step in the di- people—and ways of getting money to bers of the network. This program will rection of helping people not only in communities that can then put the ensure that people who seek help dur- Nevada but all over the country. The money to use, whether it be substance ing a crisis will receive an effective re- amendment offered by the Senator abuse treatment programs, whether it sponse from appropriately trained and from Minnesota and the Senator from be family counseling, or whether it be certified personnel. Nevada will set up a number of crisis pharmacological treatment, or you In Massachusetts, the state’s 1999 centers. Today, we have about 78 crisis name it. Youth Risk Behavior Survey found centers that are certified. This would The amendment I introduced with that one of every five adolescents had allow hundreds more to be certified. Senator REID is very basic. It is very seriously considered suicide in the pre- What does this mean? It means that straightforward. vious year, and one in twelve—more when you call 1–800–SUICIDE, which It basically provides the grants than 20,000 teenagers—made an actual was activated a little more than a year through a certification program to im- attempt. But this serious problem is ago —people who are depressed or sui- prove the effectiveness of these suicide not limited to young Americans. It af- cidal or those concerned about some- hot lines and crisis centers in the fects all age groups. In fact, suicide one else who is depressed or suicidal— United States. It will help them sup- rates increase with age, and are high- you are automatically connected to port and evaluate a national hot line est among men aged 75 years and older. someone who is at one of these centers and crisis center network. Suicide also affects all racial and and who is trained. These calls are I say to my colleague from Nevada ethnic groups. Between 1980 and 1996, routed to the crisis center nearest to that this is really incremental. It is the rate of suicide among African- the person where the call is placed. not the be all or the end all. But the American male teenagers more than The crisis center calls are answered additional resources will really help doubled. Native American communities by certified counselors 24 hours a day, SAMHSA. It will help us make sure have long experienced high suicide 7 days a week—on Thanksgiving and on these crisis hot lines are put to the rates. Christmas; it is sad to say but Christ- very best use; that the people who are Suicide and suicide attempts affect mas is one of the biggest suicide days working there have the best training; both genders. Although males are four in this country. that people who will be working these times more likely to die of suicide, fe- In the event the nearest crisis center lines will do their very best in taking males are more likely to attempt sui- is at a maximum volume, the call is calls and know how to help people. cide. Each year in the United States, routed to the next nearest center. This is important. It is a network of half a million people require emer- There is never a busy signal, or a voice support for people. It is one step and gency room treatment for a suicide at- mail. People in crisis usually reach a only one step. tempt. trained counselor within two or three But I will finish my remarks and But suicide and suicide attempts can rings, or about 20 to 30 seconds from then hear from my colleague from Ne- be prevented. Ninety percent of people the moment they dial 1–800–SUICIDE. vada who really is taking the lead on who complete suicide have depression What does this suicide crisis line this amendment. or another mental or substance abuse mean? Again, every 42 seconds someone in disorder. These disorders respond to ef- Let me read excerpts from a few let- our country attempts suicide. Every fective treatment. ters. 16.9 minutes someone completes sui- The amendment we offer today will This one is written to the Northern cide. Suicide is the eighth leading ensure that when a person is in crisis Virginia hot line. It says, among other cause of all deaths. anywhere in our nation, there is a net- things:

VerDate 11-MAY-2000 03:04 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.055 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5975 I would like to name NVHL (Northern Vir- Miss Dicke. He would go from being out of about the fact that she had recently talked ginia Hotline) as one of my beneficiaries on control to a very peaceful state. Slowly to me, as well as where she lived. You were my life insurance policy... though, he became less upset and eventually able to keep her on the line while you had The reason for this act of kindness is to sat down and began listening to Miss Dicke someone contact me and I got to her apart- give back to your organization what your or- reason with him and win him over. Of course, ment in time to keep her from completing ganization has given to me. You see, over the the officers didn’t know what Miss Dicke was the suicide attempt. She has been hospital- past twenty years I have used your listeners saying, but it was enough for him to eventu- ized and has undergone intensive therapy during moments of crises in my life. When I ally give up his knife and go to the hospital and is soon to be released, with real hope had no one to turn to, I could turn to your with rescue to receive much needed assist- that there are good reasons to stay alive. listeners for insight and support... ance. You must have been very skillful, Karen be- I want to give back to the organization It is my understanding that of the nearly cause she is a very sharp girl and it was a that has been responsible for helping me 18,000 calls that are received at the hotline true suicide attempt prevented only by the through many tough late nights over the center per year, approximately 600 are sui- fact that she wanted to talk to one human past twenty years. cide calls and only 5 involve weapons. We at being—you—before killing herself. Because We have a letter from the Catholic Fairfax County Police Department were you took her seriously, because you cared, Newman Association in Houston, TX. quite fortunate to have had both Miss Dicke because you knew what to say and do, she is It is a three-paragraph letter. I will and Miss Ross working that night. Without alive today and wants to continue to live. read only one paragraph. their teamwork, tenaciousness and training, I am writing this, as I say, simply because this incident could have had a tragic end- I simply want to say that because of you, I want to let you know—and all of you who ing. * * * work at Crisis Hotline—that what you are Karen, a girl named lll is alive today and Although hotlines do not historically re- doing is beautiful as beautiful as life com- has, for perhaps the first time in her life, a ceive the fanfare and headlines that other pared to death, as beautiful as hope com- real hope and desire to live. She called you a public service groups do, we at the Police De- pared to depression, as beautiful as loved few weeks ago, with a razor blade in her partment realize what a tremendous re- compared to apathy. I realize, because of my hand, and she had already begun to cut her source you are to us and the outstanding own life-work in this way that you often wrist. You talked to her for almost an hour, service which you provide to the community. don’t know the effects of your listening, though she tried to hang up a number of I ask unanimous consent these let- times. You were able to get information your caring, your loving, that you very like- about the fact that she had recently talked ters be printed in the RECORD. ly wonder sometimes if it’s worth the time to me, as well as where she lived. You were There being no objection, the letters and effort. All I can say is: ‘‘Hey, today I saw able to keep her on the line while you had were ordered to be printed in the the sun shine in a girl’s eyes!’’ It’s worth it!!! someone contact me and I got to her apart- RECORD, as follows: Thank you, Karen, I love you, ment in time to keep her from completing REVENUE RECOVERY CONSULTANTS, INC., Rev. JIM BARNETT. the suicide attempt. She has been hospital- Fairfax, VA, October 8, 1998. ized and has undergone intensive therapy Ms. ARLENE KROHMAL, ASHBURN, VA, June 14, 1999. and is soon to be released, with real hope Northern Virginia Hotline, ARLENE KROHMAL, that there are good reasons to stay alive. Arlington, VA. Director, Northern Virginia Hotline, You must have been very skillful, Karen be- DEAR ARLENE: I just wanted to take a mo- Arlington, VA. cause she is a very sharp girl and it was a ment to thank you and to compliment the true suicide attempt prevented only by the Hotline for the assistance your staff provided DEAR ARLENE, I have a request. Please send fact that she wanted to talk to one human to one of my employees recently. to me information about your organization, being—you—before killing herself. Because A member of my staff had come to me with for you see, I would like to name NVHL you took her seriously, because you cared, some family problems, both financial and (Northern Virginia Hotline) as one of my because you knew what to say and do, she is emotional, which were causing that person beneficiaries on my life insurance policy. I alive today and wants to continue to live. to be very despondent. This attitude was af- need to know exactly how to word NVHL as We also have a letter addressed to fecting the individual’s work and life. An ap- a beneficiary so that there would be no loop Arlene, someone who works at one of pointment with a counselor had been set, but holes for anyone to contest. these hot line centers. it was ten days away and it seemed as if help The reason for this act of kindness is to Among other things, this woman was needed immediately. This person told give back to your organization what your or- says: me that, if not for worry about two children, ganization has given to me. You see, over the life wouldn’t be worth living. past twenty years I have used your listeners A member of my staff had come to me with Fortunately, I was able to refer my em- during moments of crises in my lie. When I some family problems, both financial and ployee to the Hotline. I don’t know the de- had no one to turn to, I could turn to your emotional, which were causing that person tails of the conversations but I can see the listeners for insight and support. to be very despondent . . . results. Having someone available to talk to, I came to know about the benefit of your Fortunately, I was able to refer my em- combined with the follow-up counseling, has ployee to the Hotline. I don’t know the de- hotline due to meeting the original director helped this person to find a solution to prob- Bobby Schazenbach and hearing her story tails of the conversations but I can see the lems which had seemed overwhelming. I now results. Having someone available to talk to, why this wonderful and unique organization have a valuable, productive employee and was set up. I have very fond memories of combined with the follow-up counseling, has the individual now feels in control of life and helped this person to find a solution to prob- Bobby and everytime I call your hotline, I circumstances. often think of her and wonder how she is lems which had seemed overwhelming. I now Thank you for providing a valuable service have a valuable, productive employee and doing. Her creation of this hotline has been to the community. a link to my survival for many years. I won’t the individual now feels in control of life and Sincerely, circumstances. bother you with the details, but I want to FRAN FISHER, Finally, I have a letter from the give back to the organization that has been President. responsible for helping me through many Fairfax County Police Department. tough late night over the past twenty years. This is from Capt. Art Rudat. He is a CATHOLIC NEWMAN ASSOCIATION, RE- Please sent to me any information on your LIGION CENTER, UNIVERSITY OF commander in the McLean substation. organization that might help facilitate in HOUSTON, He is writing a letter to say having changing my beneficiary to your organiza- this hotline helps the police depart- Houston, TX. PEACE! tion. I also want you to know that I will be ment, freeing them to do other things. I am writing this letter simply out of my naming the Loudoun Abused Women’s Shel- He says: own need to express gratitude, plus the fact ter as well. Upon our arrival, we found the subject in that I am aware you likely don’t get much Thank God for all of you and thank God for his room and he was extremely upset and positive feedback for what you are doing. It Bobby. agitated. He was holding a 4″ knife to his is addressed primarily to one of your people Fondly, and forever grateful, ——— jugular vein, threatening to kill himself. named ‘‘Karen’’ whom I have been unable to ——— This threat was not taken lightly because he contact personally, but really to all of you had already cut his left wrist and was bleed- because it could have been any one who hap- FAIRFAX COUNTY POLICE DEPARTMENT, ing. The atmosphere at the time was tense, pened to answer the phone that day. Fairfax, VA, March 31, 1998. not knowing if anything that the officers I simply want to say that because of you, Ms. ARLENE KROHMAL, would say would further upset the subject. Karen, a girl named lll is alive today and There was a moment, when the subject stood has, for perhaps the first time in her life, a Northern Virginia Suicide Hotline, up screaming and pressing the knife into his real hope and desire to live. She called you a Arlington, VA. throat almost cutting his jugular vein, that few weeks ago, with a razor blade in her DEAR MS. KROHMAL: I would like to bring it was thought the incident would have a hand, and she had already begun to cut her to your attention, the actions of two of your tragic ending. * * * wrist. You talked to her for almost an hour, volunteers and the impact it had upon a fam- Even this was occurring, the subject was though she tried to hang up a number of ily’s future. On March 7, 1998, at approxi- on the phone, still deep in conversation with times. You were able to get information mately 5:59 pm, officers from the McLean

VerDate 11-MAY-2000 04:02 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.031 pfrm01 PsN: S28PT1 S5976 CONGRESSIONAL RECORD — SENATE June 28, 2000 District Station responded to the Ritz barely imagine the kind of horrors that dinarily heartrending testimony from Carlton, near Tysons Corner, for a subject persuade someone to take their own families who had been touched directly threatening to commit suicide with a knife. life. I think anything we can do as a by suicide. The hearing was held at the The 911 call was made to the Fairfax County Police by Miss Katie Ross, of the Northern country in public policy to reach out request of the Senator from Nevada, Virginia Suicide Hotline, who was assisting and say to those who are visited by Mr. REID. It was quite compelling. Miss Marilyn Dicke, also with the Suicide those emotional difficulties, those The subcommittee and the full com- Hotline, The information received was that pressures and internal problems that mittee allocated $662 million to the the subject had been involved in a con- persuade them to consider taking their mental health services, an increase of tinuing domestic dispute with his parents life, anything we can do to reach out to $31 million over last year. A number of and was at the end of his rope. them to say, here is some help, we amendments have been offered seeking From the beginning, the information given to us by Miss Ross was clear and concise and ought to be able to do that. to reallocate the money in a variety of left little for us to wonder about. This is a This amendment is very small. Incre- ways. I have responded that, unless key element in our response to a complaint mentally, it will be helpful. they have offsets, we have made the al- and how the officers will handle the case I appreciate the work of Senator locations as best we can. from the onset. Upon our arrival, we found WELLSTONE and Senator REID. I think I think the fact we have such a large the subject in his room and he was extremely someday—we may never know the sum of money in mental health serv- upset and agitated. He was holding a 4′′ knife name—adding these resources will help ices on a relative basis, including a $31 to his jugular vein, threatening to kill him- someone who is ravaged by these emo- million increase for this year, is a tes- self. This threat was not taken lightly be- cause he had already cut his left wrist and tional difficulties and can be prevented tament to the propriety or the value was bleeding. The atmosphere at the time from taking their own life, and we will judgments which have gone into the was tense, not knowing if anything that the be rewarded for having paid attention structure of this bill. The $3 million for officers would say would further upset the to this issue. the hotline can be accommodated eas- subject. There was a moment, when the sub- Mr. REID. The Senator from South ily within the existing funds. We had ject stood up screaming and pressing the Dakota knows I had the misfortune of already urged the mental health serv- knife into his throat almost cutting his jug- my father committing suicide. As the ices to find ways through their re- ular vein, that it was thought the incident Senator from North Dakota, I saw my search to prevent suicides—to find would have a tragic ending. Even this was occurring, the subject was father lying there after having shot other means of communicating with on the phone, still deep in conversation with himself. This is something that never people who were emotionally stressed Miss Dicke. He would go from being out of leaves you. coming to grips with the issue, and pre- control to a very peaceful state. Slowly People think suicide always happens venting suicides. The substantial allo- though, he became less upset and eventually to someone else, but it doesn’t. I say to cation the Appropriations Committee sat down and began listening to Miss Dicke my friend from North Dakota, we could has made is a testament to the value reason with him and win him over. Of course, go around this room and we would be judgments and the priorities we have the officers didn’t know what Miss Dicke was surprised; almost everyone in this Sen- saying, but it was enough for him to eventu- established. ally give up his knife and go to the hospital ate Chamber has had a relative, a I thank Senator REID for sharing his with rescue to receive much needed assist- neighbor, or a friend who committed own experiences. It is a very telling ance. suicide. It is remarkable and sad. matter. At his request, we had a very It is my understanding that of the nearly I appreciate the Senator from North informative hearing in February, with 18,000 calls that are received at the hotline Dakota sharing his story. The reason it quite a few people coming forward, in- center per year, approximately 600 are sui- is important he shares it is to recog- cluding Danielle Steel, the noted au- cide calls and only 5 involve weapons. We at nize what a universal problem this is, thoress who talked about her own son’s Fairfax County Police Department were quite fortunate to have had both Miss Dicke at 31,000 people a year. We know, as I experience. It made quite an impact. I and Miss Ross working that night. Without indicated a number of other times on think it is true that while the C–SPAN their teamwork, tenaciousness and training, this floor, many more people commit 2 audience may not be enormous, peo- this incident could have had a tragic ending. suicide. ple will hear what is being said and it This exemplifies how the citizens of Fair- I think the mere fact that we talk can have a salutary effect. fax County and the Police Department ben- about it is going to help the problem. Mr. REID. Will the Senator yield? efit from programs such as yours. Although We now have this crisis hotline estab- Mr. SPECTER. I am happy to yield hotlines do not historically receive the fan- lished. We also, of course, have support to the Senator. fare and headlines that other public service groups do, we at the Police Department real- groups that we didn’t have 15, 20 years Mr. REID. It was very difficult for ize what a tremendous resource you are to us ago. The problem is not getting easier, the Senator to work this hearing into and the outstanding service which you pro- but it is getting better with people bet- the very busy schedule of this huge vide to the community. It is without any ter understanding the issue. subcommittee. The Senator did that. I reservation that I commend Miss Dicke and Mr. WELLSTONE. Mr. President, two think it has done so much good across Miss Ross for the outstanding job they did things. First, I thank the Senator from the country to have people such as that evening. They should be very proud of Nevada for his comments. Second, I say Danielle Steel and Kay Jamison, who themselves and the organization they are af- to Senator SPECTER, I am sure he re- are experts, to come in and talk about filiated with. Sincerely, members when Kay Jamison testified their experiences. I am grateful to you CAPTAIN ART RUDAT, before his committee, saying the gap for doing this, as I think anyone is who Commander, McLean District Station. between what we know and what we do has had the misfortune of having had Mr. REID. I extend my appreciation is lethal. This is just a small step. I am some connection with suicide. You are to the Senator from Minnesota. hoping that the Senate—the sooner the to be applauded for having done this Mr. DORGAN. Will the Senator better—will embrace this issue and put with schedule that was really a burden yield? some resources back to communities to you. Mr. REID. I am happy to yield to the that can put this money to work in We appreciate this very much. Senator. terms of suicide prevention. Much of Mr. SPECTER. Mr. President, I Mr. DORGAN. Mr. President, I sup- this is diagnosable and preventable. thank the Senator from Nevada for port the legislation dealing with the We have some confusion. Before I those kind remarks. Perhaps we could issue of suicide. It is very important. agree, I say to Senator REID, I want to move ahead to acceptance of the Many, many years ago, early one suggest the absence of a quorum. We amendment. morning I came to an office and found have a disagreement about how we will I urge the adoption of the amend- a coworker had taken his life. It was, deal with this amendment. ment. of course, a morning I will remember Mr. SPECTER. Let me make a short Mr. WELLSTONE. Mr. President, I the rest of my life, finding a coworker statement. We are anxious to move thank my colleague from Pennsylvania and a friend who had, over the night- ahead with our votes scheduled at 3:30. for his genuine concern, and the ways time hours, taken his life. The amendment is acceptable. The in which, as the chair of this com- I suppose only those who have been subcommittee held a hearing on this mittee, he has supported this initia- acquainted with that circumstance can matter in February and had extraor- tive. He cares about it deeply. I thank

VerDate 11-MAY-2000 03:04 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.037 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5977 him. I am pleased he will accept the Mr. DODD. Mr. President, to my col- Frist Inhofe Santorum Gorton Kyl Sessions amendment. leagues, very briefly, this amendment Gramm Lott Shelby THE PRESIDING OFFICER. If there is a carryforward to what has been of- Grams Lugar Smith (NH) be no further debate, the question is on fered by Senator KENNEDY, Senator Grassley Mack Specter agreeing to the amendment. BINGAMAN, Senator WELLSTONE, and Gregg McCain Stevens Hagel McConnell Thomas The amendment (No. 3680) was agreed Senator MURRAY, all trying to improve Hatch Murkowski Thompson to. the quality of public education in the Helms Nickles Thurmond Mr. WELLSTONE. Mr. President, I country. One of the key issues is after- Hutchinson Roberts Voinovich move to reconsider the vote. school programs. Hutchison Roth Warner Mr. SPECTER. I move to lay that We know from parents all across the NOT VOTING—1 motion on the table. country the most dangerous period for Inouye The motion to lay on the table was 5 million children unattended is be- The PRESIDING OFFICER. On this agreed to. tween 3 and 6 in the afternoon. Good vote, the yeas are 48, the nays are 51. AMENDMENT NO. 3672 afterschool programs are meaningful. Three-fifths of the Senators duly cho- Mr. SPECTER. Mr. President, I ask The country wants it. School boards sen and sworn not having voted in the for the yeas and nays on the pending have asked for it. But despite efforts, affirmative, the motion is rejected. motion to waive. we have only funded 310 afterschool The amendment would increase budg- The PRESIDING OFFICER. Is there a programs. Last year, there were 2,500, et authority and outlays scored against sufficient second? close to 3,000, applications for after- the allocation of the Labor, Health and There is a sufficient second. school dollars. We could only meet the Human Services, and Education Sub- The yeas and nays were ordered. requests of 310 school districts. committee of the Appropriations Com- The PRESIDING OFFICER. There It seems to me we must do something mittee, and that subcommittee has are 2 minutes equally divided on the to improve the quality of education reached the limit of its allocations. motion to waive the Budget Act with with good afterschool programs, when Therefore, the point of order is sus- regard to the Dodd amendment. children are most at risk, most vulner- tained and the amendment falls. Mr. SPECTER. Mr. President, par- able, when they get involved with hab- Mr. LOTT. Mr. President, I move to liamentary inquiry: Which is the first its of smoking, and alcohol, of mari- reconsider the vote. amendment? juana, when they are victimized. As we Mr. SPECTER. I move to lay that The PRESIDING OFFICER. The Dodd know by every police study, after- motion on the table. amendment No. 3672 on community school programs work. The motion to lay on the table was learning centers. I realize there are budgetary con- agreed to. Mr. SPECTER. Mr. President, the cerns, but we spend less than one-half Mr. LOTT. Mr. President, I ask unan- point of order has been raised because, of 1 percent of the entire Federal budg- imous consent that the next votes in although the Dodd amendment for et on the quality of public education in the series be limited to 10 minutes afterschool programs takes up a meri- this country. That is a disgrace. each. torious subject, we have already added What we have offered in these series The PRESIDING OFFICER. Without approximately $150 million to that ac- of amendments is to improve our Fed- objection, it is so ordered. count, bringing it up to $600 million. eral investment in education. This Mr. LOTT. Mr. President, I think it The program has been in effect for amendment is to improve the quality is only fair to say to the Members that only a few years. We have provided for of afterschool programs for the 5 mil- we are going to try to enforce the more additional funding in many similarly lion children in America who need that limited time on these votes. I know we related situations. We believe the pri- assistance. try to accommodate Senators on both sides when they get delayed because of orities established were appropriate. The PRESIDING OFFICER (Mr. SES- elevators or the subway or whatever. Had there been a suggestion for an off- SIONS). The question is on agreeing to set, had the Senator from Connecticut the motion to waive the Budget Act in But it is also unfair to the managers made a suggestion that this priority relation to amendment No. 3672. The and people trying to do the bill, when was more valuable than others, we yeas and nays have been ordered. The we are all here, if we can’t do the votes would have been willing to consider it. clerk will call the roll. in the prescribed time. We will push for that. But it simply breaks the allocations The legislative clerk called the roll. Secondly, I commend the managers and therefore the point of order has Mr. REID. I announce that the Sen- been raised. We urge it be sustained for trying to begin to make some ator from Hawaii (Mr. INOUYE) is nec- progress. We have had a whole series of and not waived. essarily absent. The PRESIDING OFFICER. Who votes here in this grouping—four, I The yeas and nays resulted—yeas 48, guess. But we still have an awful lot of yields time in favor of the motion to nays 51, as follows: waive the Budget Act? pending amendments. I don’t want to The result was announced—yeas 48, Mr. REID. Mr. President, I suggest mention a number because it is too nays 51, as follows: the absence of a quorum. scary. The PRESIDING OFFICER. The [Rollcall Vote No. 154 Leg.] I can’t complain about the Demo- clerk will call the roll. YEAS—48 cratic side because there are almost as Mr. WELLSTONE. Mr. President, I Akaka Edwards Lieberman many amendments on the Republican ask unanimous consent that the order Baucus Feingold Lincoln side. When Members are asked to come Bayh Feinstein Mikulski for the quorum call be rescinded. Biden Graham Moynihan and either work out their amendments The PRESIDING OFFICER. Without Bingaman Harkin Murray or offer them, they are too busy to get objection, it is so ordered. Boxer Hollings Reed it done. We need to get this Labor, Mr. DODD. Mr. President, what is the Breaux Jeffords Reid HHS, and Education appropriations bill Bryan Johnson Robb pending business? Byrd Kennedy Rockefeller done tonight. In order to do that, it is The PRESIDING OFFICER. The Chafee, L. Kerrey Sarbanes going to take an awful lot of work. The pending business before the Senate is a Cleland Kerry Schumer managers, or the whips, HARRY REID Conrad Kohl Smith (OR) motion, to the Senator’s amendment, Daschle Landrieu Snowe and DON NICKLES, can’t do it by them- on the Budget Act. Dodd Lautenberg Torricelli selves. Some are beginning to say how Mr. DODD. Mr. President, as I under- Dorgan Leahy Wellstone about Thursday night. When we get stand it, I have 2 minutes to explain Durbin Levin Wyden Labor-HHS appropriations done, we are the amendment? NAYS—51 going to the Interior appropriations The PRESIDING OFFICER. It was re- Abraham Bunning Craig bill, plus we have the military con- duced to 2 minutes equally divided. Allard Burns Crapo struction conference report with the Those opposed to the motion have al- Ashcroft Campbell DeWine emergency provisions, providing funds Bennett Cochran Domenici ready spoken. The Senator has 1 Bond Collins Enzi that we have been wanting to get com- minute to speak. Brownback Coverdell Fitzgerald pleted for defense and for disasters and

VerDate 11-MAY-2000 03:04 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.080 pfrm01 PsN: S28PT1 S5978 CONGRESSIONAL RECORD — SENATE June 28, 2000 for Colombia. We may not get that ability of our young to learn the new Smith (NH) Stevens Thurmond Smith (OR) Thomas Voinovich until late Thursday night, so that we marketplace skills and to close the dig- Specter Thompson Warner can’t vote on it until Friday. We will ital divide, we need to make this com- have other votes on Friday. So we have mitment. NOT VOTING—1 to complete this bill, the Interior ap- I think everybody in the Senate Inouye propriations bill, and the MILCON con- knows that with this surplus, with our The PRESIDING OFFICER. On this ference report. ability to be able to make the choices vote, the yeas are 48, and the nays are I thank Senator DASCHLE for his we have in the budget, we have allowed 51. Three-fifths of the Senators present work in that effort and for his support for a waiver of the budget precisely for and voting, not having voted in the af- as we try to complete this work. I this kind of moment. I ask my col- firmative, the motion to waive the know it is a lot to do in 3 days, but I leagues to join me in saying the House Budget Act is not agreed to. know we can do it if we really stick of Representatives will not have a bet- The amendment would increase the with it. ter sense of this priority than the Sen- budget authority and outlays scored The PRESIDING OFFICER. The ate. against the allocations of the Labor, Democratic leader is recognized. The PRESIDING OFFICER. The Sen- Health, and Human Services, and Edu- Mr. DASCHLE. Mr. President, I join ator from Pennsylvania is recognized. cation Subcommittee of the Appropria- in the request made by the majority Mr. SPECTER. Mr. President, I call tions Committee, and that sub- leader to try to cooperate in a way to on our colleagues to oppose the waiver. committee has reached the limits of its allow us closure on this bill. He has This bill has $4.5 billion more than last allocation. Therefore, the point of proposed an aggressive agenda. At the year’s, $100 million over the President’s order is sustained and the amendment very least, we have to finish this bill. request, and it is a matter of allocation falls. As he said, there are scores of amend- of priorities. AMENDMENT NO. 3638 ments that have to be addressed before There is no doubt that technical lit- The PRESIDING OFFICER. There we can complete our work. I want to eracy is an important objective. We will now be 2 minutes equally divided finish this bill this week. I want to be have, in the Senate bill, $425 million. If on the motion to waive the Budget Act as cooperative and as forceful with our the Senator from Massachusetts could by the Senator from Rhode Island, Mr. colleagues on both sides of the aisle in establish its priority over others, and REED. accommodating that kind of schedule. add offsets, that is something we would The Senator from Rhode Island. Mr. REED. Mr. President, this We have been on this bill, and we have be glad to consider. I wish we had more amendment would add an additional had a good debate with good amend- money to spend on things such as tech- $100 million to the appropriated funds ments and a lot of votes. There will be nical literacy, but we do not. To accept for the GEAR UP program. GEAR UP more amendments and votes. this amendment would exceed our is the centerpiece of our efforts to There comes a time when we have to 302(b) allocations. Therefore, I ask my try to bring this to a close. I want to reach out to disadvantaged students colleagues to vote no on the waiver. and give them both the skills and the do it as soon as we can and still accom- The PRESIDING OFFICER. The modate Senators who have good confidence to go on to college. It is par- question is on agreeing to the motion ticularly clear in low-income neighbor- amendments to offer. Please come to to waive the budget act in relation to the floor and agree to time limits for hoods that young people and families Amendment No. 3659. The yeas and do not have either the access to college each amendment. Work with us to see nays have been ordered. if we can’t winnow down the list a lit- or the kind of skills they need to make The clerk will call the roll. it all the way through high school into tle bit. We have had some cooperation, The assistant legislative clerk called but it is going to take a lot more co- college. the roll. This program does that. It com- operation if we, indeed, are going to Mr. REID. I announce that the Sen- plements the Pell grant. It com- get the bill done on time. ator from Hawaii (Mr. INOUYE) is nec- plements other programs because it ac- I believe we are ready to vote, Mr. essarily absent. President. tually gives young people, starting the The PRESIDING OFFICER (Mr. sixth or seventh grade, the tutoring, AMENDMENT NO. 3659 VOINOVICH). Are there any other Sen- the mentoring, the confidence, the The PRESIDING OFFICER. There ators in the Chamber desiring to vote? ability to go through high school, and are 2 minutes equally divided on the The yeas and nays resulted—yeas 48, go on to college. motion to waive the Budget Act with nays, 51, as follows: By voting for this amendment, we regard to the Kerry amendment. Who [Rollcall Vote No. 155 Leg.] will say to scores of disadvantaged yields time? YEAS—48 children: You can succeed; you can go Mr. SPECTER. Mr. President, the to college; you can take your place in pending matter is the motion of the Abraham Durbin Levin Akaka Edwards Lieberman American society as a college grad- Senator from Massachusetts to waive. Baucus Feingold Lincoln uate. I urge all of my colleagues to sup- The PRESIDING OFFICER. The Sen- Bayh Feinstein Mikulski port this incredibly important pro- ator from Massachusetts is recognized Biden Graham Moynihan Bingaman Harkin Murray gram, to make opportunities real in for 1 minute. Boxer Hollings Reed the lives of all of our citizens. Mr. KERRY. Mr. President, my Breaux Jeffords Reid The PRESIDING OFFICER. The Sen- amendment seeks to address the digital Bryan Johnson Robb ator from Pennsylvania is recognized divide that all of us are aware is sig- Byrd Kennedy Rockefeller Chafee, L. Kerrey Sarbanes for 1 minute. nificantly handicapping the capacity of Cleland Kerry Schumer Mr. SPECTER. Mr. President, there a lot of Americans to participate in the Conrad Kohl Snowe is no doubt this is a good program. It new marketplace. The House of Rep- Daschle Landrieu Torricelli has been in effect only since 1999 when resentatives has recognized this prob- Dodd Lautenberg Wellstone Dorgan Leahy Wyden we put in $120 million; last year, up to lem to the tune of $517 million. In our $200 million; this year our figure is $225 budget, we are only at $425 million. We NAYS—51 million. are going to vote in the Senate on the Allard Domenici Inhofe Again, it is a matter of priorities. H–1B visa, allowing 200,000-plus people Ashcroft Enzi Kyl Bennett Fitzgerald Lott This bill has $4.5 billion more than last to be imported into this country be- Bond Frist Lugar year’s education bill. It is $100 million cause of our lack of commitment to Brownback Gorton Mack higher than the President’s figure. our own citizens in developing their Bunning Gramm McCain When the Senator from Rhode Island Burns Grams McConnell skills for the new marketplace. Campbell Grassley Murkowski argued the matter as being a very spe- This is an opportunity to make it Cochran Gregg Nickles cial program, I posed a practical ques- clear that, for teachers and their abil- Collins Hagel Roberts tion: What should be offset? What is ity to be able to teach, for virtual high Coverdell Hatch Roth Craig Helms Santorum less important? school capacity to have advanced Crapo Hutchinson Sessions We think we have established the ap- placement, in order to enhance the DeWine Hutchison Shelby propriate priorities. As much as we

VerDate 11-MAY-2000 03:04 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.093 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5979 want to have additional funds for a training programs for youth and adult Rockefeller Snowe Wyden Sarbanes Torricelli program of this sort, it simply isn’t workers in this country. Schumer Wellstone there. The extra million dollars would At the present time, half of all the exceed our 302(b) allocation. Therefore, employers in this country provide no NAYS—50 we ask our colleagues not to waive the training whatsoever, the other half of Allard Gorton Murkowski Ashcroft Gramm Nickles Budget Act. the employers provide 1 percent of pay- Bennett Grams Roberts The PRESIDING OFFICER. The roll costs, and 80 percent of that train- Bond Grassley Roth question is on agreeing to the motion ing goes to management level workers. Brownback Gregg Santorum to waive the Budget Act in relation to We have talked a good deal about H– Bunning Hagel Sessions Burns Hatch Shelby amendment No. 3638. The yeas and nays 1B visas and bringing into the United Campbell Helms Smith (NH) have been ordered. The clerk will call States those guest workers who have Cochran Hutchinson Smith (OR) the roll. special skills, but I think we have a Collins Hutchison Specter Coverdell Inhofe Stevens The legislative clerk called the roll. basic responsibility to ensure con- Craig Kyl Thomas Mr. REID. I announce that the Sen- tinuing training programs for Amer- Crapo Lott Thompson ator from Hawaii (Mr. INOUYE) is nec- ica’s workers as we continue to expand Domenici Lugar Thurmond essarily absent. our economy and compete in the world. Enzi Mack Voinovich Fitzgerald McCain Warner The PRESIDING OFFICER. Are there That amendment provides an impor- Frist McConnell any other Senators in the Chamber de- tant increase for training programs. NOT VOTING—1 siring to vote? Two years ago, along with Senator Inouye The yeas and nays resulted—yeas 47, JEFFORDS, we consolidated the training nays 52, as follows: programs. We now have an effective The PRESIDING OFFICER. On this [Rollcall Vote No. 156 Leg.] one-stop system that will offer real op- vote, the yeas are 49, the nays are 50. YEAS—47 portunities for workers. Three-fifths of the Senators duly cho- sen and sworn not having voted in the Akaka Durbin Levin Finally, this amendment also re- Baucus Edwards Lieberman stores the Summer Jobs Program. affirmative, the motion is rejected. Bayh Feingold Lincoln Without this amendment, there will be The amendment would increase budg- Biden Feinstein Mikulski et authority and outlays scored against Bingaman Graham Moynihan no Summer Jobs Program for the Boxer Harkin Murray youth of this country. I hope this the allocations to the Labor, Health Breaux Hollings Reed amendment will be accepted. and Human Services, and Education Bryan Jeffords Reid The PRESIDING OFFICER. The Sen- Subcommittee of the Appropriations Byrd Johnson Robb Committee, and that subcommittee has Chafee, L. Kennedy Rockefeller ator from Pennsylvania. Cleland Kerrey Sarbanes Mr. SPECTER. Mr. President, as reached the limit of its allocations. Collins Kerry Schumer with so many of the pending amend- Therefore, the point of order is sus- Conrad Kohl Torricelli tained and the amendment falls. Daschle Landrieu Wellstone ments, the objective is good if we had Dodd Lautenberg Wyden more funding. We have increased the The Senator from Texas. Dorgan Leahy funding for the Department of Labor Mr. GRAMM. Mr. President, I yield to the distinguished Senator from NAYS—52 by $400 million. We have funded two Pennsylvania for the purpose of mak- Abraham Gorton Nickles new programs requested by the admin- Allard Gramm Roberts istration: incumbent worker training ing a unanimous consent request and Ashcroft Grams Roth for $30 million and responsible re- will then reclaim the floor. Bennett Grassley Santorum integration of youthful offenders for Mr. SPECTER. Parliamentary in- Bond Gregg Sessions quiry, Mr. President: Who has the Brownback Hagel Shelby $20 million. Bunning Hatch Smith (NH) Over the last 4 years, there has been floor? Burns Helms Smith (OR) a 32-percent increase for dislocated The PRESIDING OFFICER. The Sen- Campbell Hutchinson Snowe workers and a 25-percent increase for ator from Texas has the floor. Cochran Hutchison Specter Mr. GRAMM. Mr. President, I yield Coverdell Inhofe Stevens the Job Corps. If it were possible to Craig Kyl Thomas have additional funding, we would be to the distinguished chairman of the Crapo Lott Thompson glad to provide it. We think we have es- subcommittee for the purpose of pro- DeWine Lugar Thurmond tablished the priorities in an appro- pounding a unanimous consent request. Domenici Mack Voinovich Mr. SPECTER. Mr. President, I ask Enzi McCain Warner priate order for this complex bill. I ask Fitzgerald McConnell the motion to waive the Budget Act be unanimous consent that the following Frist Murkowski denied. listed amendments be the only remain- NOT VOTING—1 The PRESIDING OFFICER. The ing first-degree amendments in order to the pending Labor-HHS appropria- Inouye question is on agreeing to the motion tions bill and they be subject to rel- The PRESIDING OFFICER. On this to waive the Budget Act in relation to amendment No. 3678. The yeas and nays evant second-degree amendments. vote, the yeas are 47, the nays are 52. I further ask unanimous consent that have been ordered. The clerk will call Three-fifths of the Senators duly cho- with respect to HMO-related amend- the roll. sen and sworn not having voted in the ments, they be subject to second-de- The legislative clerk called the roll. affirmative, the motion is rejected. gree amendments relating to the sub- Mr. REID. I announce that the Sen- The amendment would increase budg- ject matter of the conferenced HMO ator from Hawaii (Mr. INOUYE) is nec- et authority and outlays scored against bill or the underlying Labor-HHS bill essarily absent. the allocations to the Labor, Health or the original first-degree language. The yeas and nays resulted—yeas 49, and Human Services, and Education The list is Specter managers’ amend- nays 50, as follows: Subcommittee of the Appropriations ment; Domenici 3561, telecom training Committee and that subcommittee has [Rollcall Vote No. 157 Leg.] center; Domenici 3662, telecom training reached the limit of its allocations. YEAS—49 center; Frist 3654, education research; Therefore, the point of order is sus- Abraham DeWine Kerry Jeffords 3655, IDEA; Jeffords 3656, med- tained and the amendment falls. Akaka Dodd Kohl icine management; Jeffords 3677, Pub- Baucus Dorgan Landrieu AMENDMENT NO. 3678 Bayh Durbin Lautenberg lic Health Service Act; Jeffords 3676, The PRESIDING OFFICER. There Biden Edwards Leahy high school; Collins 3657, will be 2 minutes for debate on the Bingaman Feingold Levin defibrillator—— Boxer Feinstein Lieberman Kennedy amendment. Who yields time? Breaux Graham Lincoln Mr. REID. Will the Senator withhold The Senator from Massachusetts. Bryan Harkin Mikulski for a moment? If I could respectfully Mr. KENNEDY. Mr. President, this Byrd Hollings Moynihan request, maybe we could just submit amendment basically follows the Presi- Chafee, L. Jeffords Murray our two lists, Democrat and Repub- Cleland Johnson Reed dent’s recommendation, and that is to Conrad Kennedy Reid licans lists. The staffs have looked at provide a cost-of-living increase to the Daschle Kerrey Robb them. Unless the Senator wants to read

VerDate 11-MAY-2000 03:04 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.095 pfrm01 PsN: S28PT1 S5980 CONGRESSIONAL RECORD — SENATE June 28, 2000 them for some reason, we have 80-some tion 515 of the bill, as amended, vio- ment that would be brought up next is on our side that we don’t want to read. lates section 311 of the Budget Act, disposed of? Mr. SPECTER. Well, that would be since it would cause fiscal year 2000 The PRESIDING OFFICER. Nor- fine with me, Mr. President. The ques- budget authority and outlays to exceed mally, the point of order would occur tion would arise as to how we are going the spending aggregates in the budget after another amendment had been dis- to get consent if Members don’t know resolution. posed of. what is on the list. Mr. SPECTER. Mr. President, pursu- Mr. DORGAN. Mr. President, reserv- Mr. REID. We have made on our side ant to section 904 of the Budget Act, as ing the right to object, I will propound numerous hotlines to Members. We had amended, I move to waive section 311 of a question under the reservation. the 11 o’clock time that we were going that act with respect to the consider- I am trying to understand the con- to submit the amendments. If the Sen- ation of this amendment. sequences of the amendment. Let me ator wants to read them, that is fine I suggest the absence of a quorum. reserve the right to object while I ask with me. The PRESIDING OFFICER. The the Senator from Texas and the Sen- Mr. LOTT. Mr. President, I ask unan- clerk will call the roll. ator from Pennsylvania this: If the imous consent that the amendment The assistant legislative clerk pro- point of order is sustained, can we get lists be printed in the RECORD as they ceeded to call the roll. some notion of what consequences it are. ÷Senators knew there was a time. Mr. SPECTER. Mr. President, I ask will have on the spending in this bill They checked this list. Statements unanimous consent that the order for for education, labor, and other issues? were made. I think it would save some the quorum call be rescinded. Mr. SPECTER. Mr. President, if I time. The PRESIDING OFFICER. Without might respond, if the point of order is Mr. BAUCUS. Reserving the right to objection, it is so ordered. sustained, we would lose $2.4 billion object, I will object until I can get Mr. SPECTER. Mr. President, I have and there would be required an adjust- some understanding or we can get some just had a discussion with the Senator ment of the bill which would be cata- understanding from the majority lead- from Texas about setting this issue strophic. er as to when we are going to have a aside so that we can proceed with other So it is my suggestion that we set it date set for a vote on PNTR. This is an matters and try to make a determina- aside, taking the willingness of the issue which transcends politics, if I tion as to how we can solve this issue. Senator from Texas to do that, and might have the attention of the major- Mr. REID. Mr. President, objection. then proceed with other amendments ity leader. Respectfully, I know how hard the Sen- so we can try to figure out what other The PRESIDING OFFICER. Is there ator from Pennsylvania and the Sen- allocation might be possible. We have objection? ator from Iowa worked on this meas- an amendment ready by the Senator Mr. BAUCUS. Mr. President, I ask ure. But with this hanging over our from Vermont and one by the Senator unanimous consent to proceed for 2 heads, we might as well get this re- from North Carolina. We have not had minutes. solved now. We have spent 3 or 4 days many Republican amendments. It is The PRESIDING OFFICER. The Sen- on this bill already. If this prevails, we my hope that we can proceed. We have ator from Texas has the floor. are all through here. So we believe this to find a way out of this. If we have a Mr. BAUCUS. Mr. President, I object. matter should be resolved now. little time, we have a chance to find The PRESIDING OFFICER. Objec- Mr. SPECTER. Mr. President, it our way out of it. So I hope we will tion is heard. takes unanimous consent to set it proceed. The Senator from Texas. aside. I urge the Senator from Nevada If I may have the attention of the Mr. GRAMM. Mr. President, I know to reconsider. We had an issue yester- Senator from Nevada, he will have the we are in a hurry. We are trying to get day raised by the chairman of the Fi- opportunity to—we will have to set it through with this bill. I think that is nance Committee, and there was an aside, as I understand the parliamen- important work, and I am for it. Let agreement between the chairman of tary ruling, each time a new amend- me make my point very succinctly. the Finance Committee and the chair- ment is called up. Is that correct, Mr. This bill, in section 515, has a provi- man of the full Appropriations Com- President? sion that changes current law and mittee as to what would happen in con- The PRESIDING OFFICER. That is shifts the payment date for SSI, the ference, that items would be taken out, correct. Supplemental Security Income pro- and that we would seek an additional Mr. SPECTER. So I hope we will set gram, from October back to Sep- allocation. it aside for the two amendments that tember. What that does is shift $2.4 bil- Mr. GRAMM. Mr. President, if the we now have lined up and ready to go. lion worth of spending out of the budg- Senator will yield, I want to remind Mr. DORGAN. Mr. President, con- et year for which we are writing this my colleagues that sustaining this tinuing to reserve the right to object, appropriation back into the previous point of order does not bring down the the Senator from Pennsylvania talked fiscal year. In the process, it allows $2.4 bill. Under the unanimous consent about if this prevails, the requirement billion more to be spent this year by agreement the bill is being considered of an adjustment to the bill would be spending $2.4 billion in the previous fis- under, sustaining this point of order ‘‘catastrophic.’’ That was the word he cal year. This payment shift was spe- would simply strike section 515. used. I am trying to understand the cifically debated during the budget res- I am perfectly willing to let the Sen- consequences of that. What kind of ad- olution debate. It was rejected. Part of ate go on with other amendments. I am justment would we be talking about the agreement that was made that going to insist on this point of order at with respect to this bill on Education passed the budget was that there would some point, and it will have to come to and Labor? be no payment shift on SSI. a resolution. But if we can do other Mr. SPECTER. Mr. President, I don’t This provision is subject to a point of business while this is being discussed, I know how this percentage worked. I order because it violates the budget think that is a good idea. The point of am advised that with this provision agreement. It shifts spending into fis- order is a very targeted point of order there would be an across-the-board 6.75 cal year 2000 and drives up spending in against section 515, not against the percent cut to bring the bill under the that year $2.4 billion above the level bill. allocation. provided for in the budget. Mr. REID. Parliamentary inquiry, I am not sure of that math, although If we are going to write budgets, they Mr. President. that is the representation made to me. have to have some meaning. This is not The PRESIDING OFFICER. The Sen- If you take $2.4 billion out of $104.5 bil- just some minor provision. The debate ator from Nevada will state it. lion, that, it would seem to me, would on this issue was a key element of the Mr. REID. Mr. President, if the objec- be under 3 percent. But it would be debate on that budget, and the Budget tion of the Senator from Nevada is very material. Committee and the Senate specifically withdrawn and another amendment is Mr. DORGAN. Mr. President, reserv- rejected this payment shift. considered, would the Senator still ing the right to object, this is a criti- So on the basis of that, Mr. Presi- have the same right to object to any cally important piece of legislation. It dent, I make a point of order that sec- further proceedings after this amend- is a funding bill for education and labor

VerDate 11-MAY-2000 03:04 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.111 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5981 issues and a range of things that are really are quite phony. They include from Texas, came to the floor to make very important. If the consequence of all kinds of advanced funding and ev- a point of order when it had to do with the motion offered by the Senator from erything else to come to that figure defense. I don’t know the answer to Texas would be to require a substantial that the Senator threw out on the 20 that. I am curious. It seems to me if across-the-board cut to this piece of percent. there is a consistent point of order legislation, it is of significant interest But you have to ask yourself: Why against the deployment of this tech- to virtually every Member of this body. are we facing this now? What the Sen- nique, one wouldn’t just make it on I don’t believe we ought to go on. If ator from Texas is trying to do is to education issues, which, of course, to the Senator from Nevada chooses not save one day. It is one day, I tell my you, me, and others is very important. to object, I shall object. But I will friend from North Dakota. It is some of the most important spend- leave it to the Senator from Nevada to This provision was put in there not ing we do. It is some of the most im- comment as well. by me and not by the minority. It was portant investments we make in the The PRESIDING OFFICER. The Sen- put in there by Senator STEVENS in country. ator from Texas. order to allow us to do the legitimate I ask the question, Does the Senator Mr. GRAMM. Mr. President, before work we have to do to meet the obliga- know whether a similar point of order we break down in the tears and the tions we have in education and in was made by our colleague when it had shock that would come from not shift- health and NIH, and all of the other to do with the Defense Department last ing spending from one year to another things in this bill which has pretty year? to break the budget by $2.4 billion, let wide support. It wasn’t us. The chair- Mr. HARKIN. I don’t know the an- me remind my colleagues that with man of the Appropriations Committee swer to that question. I was not in- this shift and with the entitlement put it in. volved in the appropriations bill for de- changes that Senator STEVENS has said The Senator from Texas—let’s be fense. I will leave that to others. I have we are not going to make, this bill will clear about it—is moving the outlays no knowledge of that. I accept the Sen- grow by 20.5 percent over last year. for SSI paychecks from one day to the ator’s insight into that. I don’t know You can’t find that growth rate even previous day—that is all he is doing— the answer as to whether the Senator going as far back as the Carter admin- one day. But that one day will cause from Texas objected to that. The Sen- istration. You have to go all the way about a 6-percent across-the-board cut ator from Texas can certainly speak back to when L.B.J. was President to in NIH, cancer research, Alzheimer’s for himself in that regard. But I guess find a bill growing that fast. research, education funding, Pell the RECORD will show one way or the If the point of order is sustained grants, Elementary and Secondary other. eliminating the phony pay shift and an Education Act, IDEA, you name it—a Mr. DORGAN. If I might ask another adjustment is made in spending, this 6-percent across-the-board cut because question, the point here is this bill bill will still be growing by 17.7 per- the Senator from Texas wants to move deals with the effort the Federal Gov- cent. Granted that we each look at the by one day the payment of SSI. He ernment makes to respond to the edu- world through different glasses. I don’t wants to move it to one day later. Last cation needs in this country. Most of see that as cataclysm; I see that as year, we moved it one day forward. He education funding, of course, comes somewhat of a movement toward fiscal wants to move it to one day later. from State and local governments. We restraint. Who cares about one day? Why is it provide some funding in a range of But the important point is this provi- such a big deal to go from September 30 areas. We provide assistance in VA, sion violates the Budget Act. We con- to October 1? But if it means that it al- health care, and a range of other sidered this payment shift in the budg- lows us to move forward with this bill issues. This is a very important piece et. We specifically rejected it. We set and to have the adequate funding in of legislation that invests prominently out numbers that were meant to meet this bill when we go to conference, it in the lives of the people of this coun- try. the targets for spending that were means a lot. The technique that is being objected agreed to. This provision violates the This really is a mischievous point of to is not a new technique; it has been order because it really doesn’t do any- Budget Act, and it should be stricken. employed before. That is the point I thing. It doesn’t save us any money. I will insist on the point of order was making. Is it a good technique? I The money we will spend on SSI will against it, but I am perfectly willing to don’t know. You could find other ways either go out September 30 or it will go let amendments move forward. If the to adequately fund these needed pro- out October 1. It is going out. The Sen- minority doesn’t want amendments to grams. Some in this Chamber may not ator from Texas is not stopping that be considered, it is up to them. want to fund these programs. They money. It is going to go out. It is ei- The PRESIDING OFFICER. The Sen- may think they are not a priority per- ther going to go out on one day or the ator from Pennsylvania. haps. This is not a new technique. But next day. He is not saving a nickel. But Mr. SPECTER. Mr. President, I am apparently when it comes to funding advised that the 17.7 percent would be by doing this, he is causing all kinds of for VA, health care, and education, we the across the board on outlays. I have problems on this bill. That is why I say have people come to the floor to make heard what the Senator from Texas it is just simply a mischievous motion. a point of order. says about those percentages. I do not Of course, I support my colleague, The PRESIDING OFFICER. The Sen- think they are accurate. We will com- the chairman, in the motion to waive. ator from Iowa has the floor. pute the percentages. That simply is Hopefully, we will hear from Senator Mr. HARKIN. Mr. President, I am not factually so. I managed last year’s STEVENS on this. But there is really no glad to yield for a question. bill. But we will tally them up and substance. I guess what I am trying to Mr. BAUCUS. On another matter, Mr. make representation on the floor at a say is that there is no substance to the President, I ask the Senator from Iowa later point. motion—none. You don’t save a nickel. to yield for a question. The PRESIDING OFFICER. The Sen- You don’t help anybody. You don’t Mr. HARKIN. Mr. President, I will ator from Iowa. hurt anybody. You just move the pay- yield, without losing my right to the Mr. HARKIN. Mr. President, I believe ment from one day to the next. That is floor, for a question from my friend the pending motion is the motion to all. But you sure hurt this bill. from Montana. waive the Budget Act. Is that not true? Mr. DORGAN. Mr. President, will the Mr. BAUCUS. Mr. President, if I The PRESIDING OFFICER. That is Senator yield? could consult with the good Senator correct. Mr. HARKIN. Reserving my right to from Iowa on a matter which I raised Mr. HARKIN. Is that not a debatable the floor, I will yield for a question. earlier, that is, the Senator from Mis- motion? Mr. DORGAN. If the Senator will sissippi, the majority leader, asked The PRESIDING OFFICER. It is a yield for a question, I wonder if the unanimous consent for the Senate to debatable motion. Senator recalls last year a technique take up a list of amendments on both Mr. HARKIN. Thank you. similar to this used on the Department sides and to have printed that list of Mr. President, the figures we just of Defense bill. I am just curious amendments with respect to the pend- heard from the Senator from Texas whether our colleague, the Senator ing bill.

VerDate 11-MAY-2000 03:04 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.115 pfrm01 PsN: S28PT1 S5982 CONGRESSIONAL RECORD — SENATE June 28, 2000 I asked the majority leader if it month. If the Senator has an objection, Unfortunately, we had three amend- might not be a good idea for the leader he should have filed it last year be- ments queued up and ready to go to to set a date certain in July to bring cause we moved it from September 30 make progress, but seeing the state of up PNTR. I am not asking the Senator to October 1. SSI checks are to go out affairs on the floor, our amendment for his view on the bill, but I ask the the end of the month. All we are doing offerers have dispersed. We are trying Senator if he thinks it is a good idea to is bringing it back to where it really to find some more amendments, and we bring the bill up and at least have a ought to be, at the end of the month. have an amendment ready to be of- vote on it, particularly in July. Be that as it may, we are only talk- fered. Wouldn’t it be better to have a bill ing about 1 day. I don’t think too many It is my hope that on the representa- brought up in July than, say, in Sep- people are hurt by 1 day. The Senator tion we are making progress on finding tember, given the fact that it has moves it back to October 1 when it an allocation, which will leave our bill passed the House, given the fact that ought to be September 30. at $104.5 billion, we take the Senator we will bring it up sometime this ses- What does his motion do if it is from Texas up on his willingness to set sion of Congress, and given the fact upheld? We will have almost a $3 bil- his issue aside so we can proceed with that delay is dangerous? lion cut in education, a $1.4 billion cut the bill. Does the Senator agree it would be a in NIH, a $210 million cut from the Cen- Mr. REID. It sounds reasonable. We good idea to bring it up and have a date ters for Disease Control, a $300 million have one person who wanted me to pro- certain, at least for insurance that we cut from Head Start, a $77 million cut tect him. He is across the hall. I will are going to vote on it this year? The from community health centers. see if I can get that taken care of. We month of July would be the preferable I heard some talk earlier about going object for a little bit. month to vote on it rather than a sub- to conference and taking care of it Mr. HARKIN. Mr. President, I re- sequent month; does the Senator there. The House bill is lower than claim the floor. I had yielded for a agree? ours. If we cut these numbers here, question. I hope we can get this clear- Mr. HARKIN. I say to my friend from when we go to conference, we will be ance. I think we probably can move Montana, who is a strong supporter on locked into the lower numbers. So it ahead. From what my distinguished the Finance Committee of the perma- has a great impact. chairman said, I hope that can happen We have a lot of amendments that nent normal trade relations with in terms of reallocation and we can put have been filed—not only on the Demo- China—and he has worked very hard on this thing to bed. cratic side but the Republican side as this issue—I know he desires, as many An objection to laying the motion to well—from Senators COLLINS, DEWINE, others, to get on with that, debate it, waive aside holds right now until we SMITH, LOTT, HUTCHISON, COVERDELL, have a vote and move on. can get clearance on our side. ASHCROFT, HELMS, NICKLES, SMITH, The Senator is asking this Senator a The PRESIDING OFFICER. The Sen- GRAMM, and a whole bunch on our side, question on which I do not feel quali- ator from Texas. too. Mr. GRAMM. Mr. President, I want fied to make an answer. I am not in- How can we debate these amend- to respond to some of the comments volved in this issue or on the Finance ments in any kind of a legitimate fash- made by our colleague from Iowa. My Committee. Right now my interest is ion, if, in fact, we don’t even know point of order can be called many getting this bill through. I am trying what kind of money we are talking things, but calling it mischievous—not to help and do what I can to get the about? Some of the amendments add that there is anything wrong with amendments through and get adequate money; Some take it away; Some mod- being mischievous in defense of the funding for education, for NIH, for ify. health care, for human services, to try If we go ahead and have the amend- public interest—but my point of order to educate our kids, and attend to the ments, we don’t know whether the mo- is anything but mischievous. human needs of our people. We are try- tion from the Senator from Texas is Our colleague from Iowa would have ing to get this through. going to hold or whether it will be us believe that shifting SSI payments I have not had time now to consider waived, so we will be debating these from fiscal year 2001 to 2000 does not when the PNTR should be brought up. amendments in a vacuum without the increase spending. Nothing could be I know my friend from Montana is ob- full knowledge of exactly what dollar further from the truth. Under current viously well versed in this subject. I amounts we are looking at. Are we law, the payments for SSI will be made probably would accede to his knowl- going to cut it by 6.75 percent across on October 2 and they will be part of edge of this issue and when it ought to the board or not? We don’t know that the 2001 budget. What this illegal— be brought up. As to my own view, I yet. under the Budget Act—payment shift don’t think this Senator is qualified to Mr. SPECTER. Will the Senator does is shift this payment back into respond. yield? fiscal year 2000 and raids the surplus Mr. BAUCUS. I thank the Senator. I Mr. HARKIN. I am happy to yield to that we have all pledged to protect by will not object to a unanimous consent the Senator. a total of $2.4 billion, freeing up $2.4 request on this bill today, but I do hope Mr. SPECTER. In formulating this billion more to be spent next year. So prior to recessing for the July recess question as to whether we are going to the first point is, sustaining this point we can work out an agreement, that cut it by 6.75 percent, may I suggest to of order will mean we will spend $2.4 the majority leader will be able to the distinguished ranking member and billion less. make a statement, the result of which comanager that we will not cut funding Second, a point of order was not is to make it clear that the vote will by 6.75 percent. raised against the D.C. appropriations come up in July. What we are seeking to do now is to bill last year on the pay shift because I reserve my right as to what action obtain a reallocation. Discussions are there was no point of order available. I will take tomorrow. I thank the Sen- underway with the chairman of the full That pay shift did not violate the budg- ator. committee to reallocate some funds to et in effect at that time. This SSI pay- Mr. HARKIN. Mr. President, back to this bill from other bills, which delays ment shift was considered in the budg- the point at hand, I want everyone to the day of reckoning for the whole et and it was rejected, specifically re- understand what this mischievous mo- process. That is the way things are jected. tion is all about. All it does, in order to done, not only around here but gen- Let me explain exactly the arith- save the money, is move the date from erally. metic of where we are. In allocating October 1 to September 30. Last year, It is my hope we can accomplish spending for this fiscal year, the Ap- we moved it up to October 1; we moved that. The chairman of the full com- propriations Committee allocated to it back to September 30. mittee is now busy working on a sup- Labor-HHS appropriations, a sub- The motion of the Senator from plemental, but he will be here in a few committee that funds many important Texas says, no, you can’t do it Sep- minutes. I believe we will find a way on programs for America, a 13.5-percent tember 30; you have to do it on October a reallocation to satisfy the issue increase in spending. That was far and 1. In fairness and in reality, the SSI which has been raised by the Senator away the largest increase in spending checks should go out at the end of the from Texas. of any budget allocation. You would

VerDate 11-MAY-2000 03:04 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.117 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5983 have to go all the way back to when When our colleague says this point of The bill we have before us has out- Jimmy Carter was President to find order does not save money, that is sim- lays greater than the President re- that level of spending. ply not true. It saves $2.4 billion. quested and it is still not enough. The first thing this committee did Second, I am going to raise a point of I happen to be one who is, I don’t was it put some entitlement reforms in order on the supplemental appropria- want to say a wonk on numbers, but I the bill, which the chairman of the tion for military construction. I am am really picky on numbers. I think we committee has already said are not going to raise it because what we are ought to be accurate on numbers. I going to be made. They are going to be doing is obscene in terms of spending, asked people before, by how much does taken out in conference. But by claim- and the bill does violate the Budget this bill grow? The Senator from Texas ing that they are going to be made, Act. I intend to raise the point of just says it grows by a fifth. He under- they magically raised their increase in order. states the growth by just a tad. The spending from 13.5 percent over last Let me finally say that this point of growth in this bill is 20.4 percent in year’s level to 17.7 percent over last order is important. In fact, we have budget authority according to CBO. year’s level. You are now in the range used it five times today to prevent new That is a lot of BA growth. Some peo- where going back to when Jimmy spending from being added. The amaz- ple say we are growing other areas of Carter was President does not hold up. ing thing is that we have before us an the budget, and that is true. No other We are getting to the point where you appropriations bill that grows by one- area of the budget is growing nearly as have to go back to the time when Lyn- fifth, over 20 percent, and yet we have fast. The Defense appropriations bill don Johnson was President to find in- spent all day long where the minority we already had before us and passed, if my memory serves me correctly, was creases like that. has been trying to add more and more growing at 7-point-some percent. That and more spending. You begin to won- But even that was not enough. What is a lot. It is a big increase. This is der when is it enough? Is there any ap- they did was include a phony payment growing almost three times as much in propriations bill that could have been shift—by taking SSI payments, which budget authority. by law are to be made on October 2, written that would have been enough? People ask: What does that mean? It which is after the beginning of the new Yet with all this spending, we are all means the money we authorize to be fiscal year, in other words, money they talking about locking away money for spent; we are committing the Govern- would have had to have funded in the Social Security, locking away money ment to spend that amount. 2001 budget—by taking that payment for Medicare, but the spending goes on What are outlays? Sometimes out- and moving it into fiscal year 2000, and on and on. lays are easier to figure. The growth they can rob the surplus by $2.4 billion I raised the budget point of order. If percentage in outlays is not quite as and spend $2.4 billion next year. By Senator STEVENS comes over and re- much. The growth percentage in out- doing that, they would then raise the allocates money and takes it away lays is 12 percent. The Senator from increase in spending over last year’s from another use so the total level of Texas wants to take off $2.4 billion be- level to 20.5 percent. spending does not rise, he certainly has cause that is an offset. That is, frank- These tears that are being shed about a right to do that. That will mean this ly, a faulty offset. It is only in there so my point of order, which simply calls point of order will stand. This phony we can have more money in real on the Senate to live up to its budget, payment shift will be stricken. But the growth in outlays, in budget authority, these tears are being shed because by money will be allocated to be spent on in commitment to growth spending. doing that we could increase spending these programs and taken away from There is actually $4.9 billion in out- in this area only by 17.7 percent. By en- something else. That is how the budget lay offsets. The Senator from Texas forcing the budget, rather than in- is supposed to work. We are supposed might have been able to do the full $4.9 creasing spending by 20.5 percent, we to make decisions like American fami- billion. I know he can do $2.4 billion, would increase spending by 17.7 per- lies make decisions. If they want a new but there is $4.9 billion in offsets. I be- cent. How many working families have refrigerator they don’t buy a new lieve the chairman of the Appropria- seen their income go up by 17.7 percent washing machine. If they want to go on tions Committee said we will drop in the last year? I submit, not very vacation, they don’t buy a new car. those offsets. many families. They set priorities. The real program growth—and this is what we are talking about in BA—is So what I have done is simply said: Our problem is we never set prior- $104.1 billion. That compares to last When we adopted a budget we meant it. ities. So I think this point of order is year’s $86.5 million in budget author- When we set out what we were going to important. This point of order is an en- ity. That is a growth of 20.4 percent. spend in this coming year, we meant forcement of the budget. We ought to That is a lot. for those constraints to be binding. be holding the line on spending. I yield the floor. If we adopt the amendment of the What is literally happening in the Con- Senator from Texas, the growth will The PRESIDING OFFICER (Mr. gress is that this surplus is burning a still be in excess of 17 percent. Granted, SMITH of Oregon). The Senator from gigantic hole in our pocket. We are see- I know it will cause some consterna- Oklahoma. ing spending increases at levels that tion. I know the members of the com- have not been approached since Lyndon Mr. NICKLES. Mr. President, I com- mittee will have to reshuffle and limit Johnson was President of the United pliment my colleague from Texas. I the growth of the spending in commit- States. It is very dangerous for two know sometimes it upsets people when ment to 17.5 percent. I happen to think reasons. No. 1, if we have a downturn, we come out and say: Wait a minute, that is doable. Maybe it is not the easi- those surpluses are not going to be we are breaking the budget. est thing in the world because we made there. Second, some of us had hoped I work with the Senator from Texas commitments to grow spending more that we would repeal the marriage pen- on the Budget Committee and he hap- than the President did in this area or alty, so we do not have to make people pens to be right. I also compliment my that area. Certainly, 17-percent growth in America who fall in love and get colleague from Pennsylvania, who is is adequate, sufficient, and responsible. married pay $1,400 a year in additional managing the bill. As the Senator from As to the bill before us, one can only income taxes for that right. We had Texas mentioned, no matter what is in say it complies with the budget if they hoped to repeal the death tax so your this bill, many people—particularly on take into consideration $4.9 billion of family would not have to sell off your the other side—say it is never enough. offsets which, frankly, will not happen. family farm or your business that your No matter what is in there, it is never Again, I compliment my colleague parents worked a lifetime to build up, enough. The Senator from Pennsyl- from Texas for his amendment. I will simply because they died. But if we are vania put in more money than the submit for the RECORD a chart I put to- going to be increasing spending like President requested for education, and gether which shows budget authority this and busting the budget, we are we have had four or five amendments and outlays for the Labor-HHS bill for never going to have an opportunity to saying let’s spend billions more. It is the last 10 years. share the benefits of this prosperity never enough. No matter what, we For my colleagues’ information, in with working Americans. more than matched the President. 1990, 10 years ago, budget authority was

VerDate 11-MAY-2000 03:22 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.120 pfrm01 PsN: S28PT1 S5984 CONGRESSIONAL RECORD — SENATE June 28, 2000 $43.9 billion. Last year, it was $86.5 bil- ment was a little over 11 cents. In The Senator from Ohio [Mr. VOINOVICH] lion. It basically doubled in the last 10 other words, 20 years ago, 11 cents out proposes an amendment numbered 3641. years. of every dollar that was put into ele- On page 59, line 10, insert ‘‘; to carry out The bill before us is trying to grow at mentary and secondary education came part B of the Individuals with Disabilities 20 percent. In other words, it will dou- Education Act (20 U.S.C. 1411 et seq.);’’ after from the Federal Government. Today, ‘‘qualified teachers’’. ble in about 4 years at twice the rate of that is down to 7 cents. We are going Mr. VOINOVICH. Mr. President, be- growth of what we have done in the backwards. We put the burden on our fore I speak on this amendment I sent last 10 years. I think that would be a property taxpayers around the coun- to the desk, I would like to say just a mistake. try. It is an unfair tax, a tax that can couple of words in regard to the point I am not critical of anyone. I com- be highly regressive, especially in an of order the Senator from Texas has pliment my colleague from Texas. He area where there are a lot of elderly just made. has a good amendment. people who may not be working and I was one of the Members of the Sen- I ask unanimous consent that the live on Social Security, but they still ate who worked with the Senator from chart which shows the growth in this have to pay the property taxes. When Texas to place in the budget resolution particular area of the budget, the one looks at it that way, one can say certain points of order which we be- Labor-HHS budget, be printed in the we are shirking our responsibility. If lieved we needed to have to make sure RECORD. It shows growth in outlays we had just kept up that 11-percent spending did not increase more than and in budget authority for the last 10 level for the last 20 years, we would not what the budget resolution provided years. be having all these amendments. There being no objection, the mate- Second, the figures they are throwing for. rial was ordered to be printed in the out about a 20-percent increase is His point of order is directed at ex- RECORD, as follows: about as phony as the piece of paper it actly what we were concerned about. It is what I might refer to, in all due re- LABOR/HHS APPROPRIATIONS is written on because that takes into account a lot of things that are not fig- spect, as a gimmick. In considering the 2001 budget, money that was put into BA Outlay ured into how much we are actually in- Budget Outlays growth growth the FY 2001 budget is being moved back authority (percent) (percent) creasing programs. If one looks at the program increases—education and the into the 2000 budget in order to make 1990 ...... 43.9 49.4 ...... other program increases—this year available $2.4 billion more than could 1991 ...... 51.0 54.4 16.2 10.2 be spent otherwise. 1992 ...... 60.1 58.5 17.9 7.5 over last year, it comes in at a little 1993 ...... 63.2 62.7 5.1 7.3 over 9 percent, somewhere between 9 What does that mean? That means 1994 ...... 68.1 68.7 7.8 9.6 that when you shove the cost back into 1995 ...... 67.4 70.2 ¥1.0 2.1 and 10 percent. 1996 ...... 63.4 69.1 ¥5.9 ¥1.6 Mr. SPECTER. Mr. President, 8.2 per- the year 2000, you are going to use $2.4 1997 ...... 71.0 71.9 11.9 4.1 billion of the on-budget surplus that 1998 ...... 80.7 76.2 13.7 6.1 cent. 1999 ...... 85.1 80.2 5.4 5.2 Mr. HARKIN. My chairman is always many of us recently voted to use to pay 2000 ...... 86.5 86.3 1.6 7.7 down the national debt. 2001 House Net ...... 97.2 91.1 12.4 5.5 ahead of me on these things—8.2 per- 2001 House Gross* ...... 101.8 94.3 17.8 9.2 cent. If one looks at the increases we When we put a budget resolution to- 2001 Senate Net ...... 98.1 93.1 13.5 7.9 gether, at least—I thought it meant 2001 Senate Gross* ...... 104.1 96.7 20.4 12.0 are making next year over this year, it 2001 President ...... 105.8 94.6 22.3 9.6 comes to 8.2 percent, not 20 percent. I something. One of the things that dis- *=Gross spending levels do not include mandatory offsets, contingent wanted to make the record clear. I turbed me last year was that, at the emergencies, or other adjustments. yield the floor. end of the game, we did all kinds of The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- things to exceed what we had origi- ator from Iowa. ator from Pennsylvania. nally anticipated to spend. So here we Mr. HARKIN. Mr. President, I will Mr. SPECTER. Mr. President, I have are today, trying to do the same kind take a couple minutes. I heard the Sen- one sentence in reply, and that is, we of thing we did at the end of last year. ator from Texas talking about there is will provide the details as to increasing I think this Senate should sustain never enough. Of course, he just talked 8.2 percent instead of the alleged 20.4 the point of order; that we ought to about Democrats on this side offering percent, but we want to do it at a later live by the budget resolution we agreed amendments to increase funding. I point so we can move ahead with to earlier this year, and that the com- thought what is good for the goose is amendments. mittee should make the hard choices. good for the gander. We have two amendments lined up: One of the things that was brought There are Senators on that side of one from the Senator from Ohio, Mr. up is that in order to pay for many of the aisle who have amendments to in- VOINOVICH, and one from the Senator the new increases in spending in new crease spending in this bill: Senator from Louisiana, Ms. LANDRIEU. I ask programs, mandatory programs were COCHRAN, Senator COLLINS, Senator unanimous consent that the pending cut, mandatory programs that I think DEWINE, Senator INHOFE, Senator JEF- amendments be set aside so we can pro- are fundamental. Things such as the FORDS. Those are the only ones I have ceed with the Voinovich amendment. social services block grant, things such right now from their side that I know The PRESIDING OFFICER. Without as the CHIP program. I have been told of who add money to the bill. It is not objection, it is so ordered. they will be taken care of later on. only Democrats; Republicans, too. Ms. LANDRIEU. Reserving the right My belief is that if we have a budget There are some on that side of the to object, will I be next in line for an resolution and we agree to spend a cer- aisle, as well as on this side of the amendment? tain amount of money, we ought to live aisle, who understand we have unmet Mr. SPECTER. Mr. President, I ask within that budget resolution. I hope needs in this country when it comes to unanimous consent that following the we sustain the point of order. dealing with education, health, human Voinovich amendment, we proceed to Mr. President, few will dispute that services, and research. the Landrieu amendment. each and every child in this Nation de- I point out there is all this talk The PRESIDING OFFICER. Without serves to be able to obtain a quality about how much this budget has in- objection, it is so ordered. The Senator education, a fact Congress recognized creased. It all depends on how you look from Ohio. 25 years ago when it passed the Individ- at it. It depends on your baseline. It de- AMENDMENT NO 3641 uals with Disabilities Education Act. pends on your numbers. The Senator (Purpose: To permit appropriations to be Since that time, IDEA has helped en- from Texas probably knows that as used for programs under the Individuals sure that all students, regardless of well as anybody around here. So we can with Disabilities Education Act) their disability, are able to receive the look at it a different way. Mr. VOINOVICH. Mr. President, I educational services they need in order Let’s look at it this way, for exam- send an amendment to the desk and to attend their local school. ple: Twenty years ago, the share of the ask for its immediate consideration. In my State of Ohio, IDEA has helped dollar that went for elementary and The PRESIDING OFFICER. The thousands of young men and women go secondary education in this country clerk will report. beyond their disabilities and obtain a that came from the Federal Govern- The legislative clerk read as follows: quality education.

VerDate 11-MAY-2000 03:49 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.122 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5985 Thanks to IDEA, Ohio students with The remainder of the cost for IDEA learning centers. They are all great debilitating problems like Cerebral still falls on State and local govern- ideas. Palsy and autism have been able to re- ments. They are important initiatives, but ceive help in reading and writing from Because the Federal Government has they are the responsibility of our special education teachers. They can not lived up to its commitment, IDEA States and local communities. Of use programs like Dragon Dictate—a amounts to a huge unfunded Federal course, the politically expedient thing speech recognition program that can be mandate. When I was Governor of Ohio, to do is to support funding for all these used to control a word processor— in I fought hard for passage of the Un- programs at the federal level; it makes order to help them better understand funded Mandates Reform Act in 1995 so us look as if we are ‘‘for’’ education. their school work. that circumstances like this could be They are high in the polls. Neverthe- Before IDEA, these children would avoided in the future. less, I believe in the delineation of Fed- have been virtually forgotten elements And just how large an unfunded man- eral and State responsibility, and in- in our education system. With IDEA, date has IDEA become? creased funding for IDEA is a Federal these children are in school, they are In fiscal year 2000, Congress allocated responsibility. learning and they are growing. And almost $5 billion for special education It is one that we mandated on the IDEA doesn’t just help disabled stu- for school-age children. If we had fund- school districts. It is part of our re- dents. Alexandra Shannon, a 16 year ed IDEA at the 40 percent level that sponsibility. We said we would pay for old student from Beavercreek, OH, be- Congress had promised in 1975, we 40 percent of it. It is about time we paid for 40 percent of it, rather than lieves that ‘‘enhanced educational op- would have allocated $15.6 billion in fiscal year 2000 rather than $4.9 billion. going off on a lot of new initiatives. portunities help everyone.’’ In a meet- During our debate on the fiscal year In essence, a $10.7 billion unfunded ing with one of my staff members just 2001 budget resolution, I offered, and mandate was passed along to our State a few months ago, she told of her this body adopted, by a vote of 53–47, an and local governments for IDEA. And friend, Peter, who had learned to walk amendment stating that before we fund that is on top of the 60 percent—or $23.3 at school with the help of his school- new education programs, we should mates. The entire school was brought billion—for which they are already re- make funds available for IDEA. closer together by the experience that sponsible. So, for a federally created The amendment that I am offering Alexandra called, the ‘‘joy of the program, our State and local govern- today makes good on the commitment year.’’ ments’ ‘‘share’’ in this fiscal year will we made in the budget resolution. However, even with all the success of amount to $34 billion out of a total of Specifically, my amendment would IDEA across the Nation, the fact re- $38.9 billion. give local education agencies the flexi- mains that the cost to implement this Indeed, Mr. R. Kirk Hamilton from bility to take $2.7 billion of Federal program is draining money from our Southwestern City School, Grove City, money under title VI of this appropria- schools and significantly impeding the OH has written to me, stating that tions bill and spend it on IDEA, if they ability of State and local educators to IDEA is: choose. In other words, we are saying fund their own priorities—priorities an enormous, unfunded mandate which is that school districts, if they choose, that include some of the items my col- so expensive and so cumbersome that the can use new money for IDEA. leagues here in the Senate think funds are not available to deliver needed If the Federal Government was fully should be funded at the Federal level. services to children. funding IDEA, most of the education The cost of serving a handicapped Mr. President, that is just wrong. initiatives my colleagues are pro- student is typically twice as much as For all programs under IDEA, the posing—school construction, after- the average amount spent per pupil, President of the United States assumes school programs—could be and likely while in some school districts, the cost an expenditure of $6.3 billion in fiscal would be taken care of at the State and is higher still. Think of this. In year 2001. That is only a $332 million local level. That is how our State and Centerville, OH, Centerville High increase from the $6 billion level of local education leaders want it. School superintendent, Frank DePalma funding in fiscal year 2000. In February, with the help of the estimates that in his school, special However, the President’s fiscal year Ohio School Board Association and the education services cost 4 to 5 times as 2001 budget contained a whopping $40.1 Buckeye Association of School Admin- much as do services for nonhandi- billion in discretionary education istrators, I contacted Ohio teachers, capped students. He said: spending. That is almost double the superintendents, and educational lead- ers from urban, suburban, and rural Costs for services such as occupational $21.1 billion in discretionary education therapy, speech therapy and physical ther- spending allocated by the Federal Gov- districts in every part of Ohio to ask apy continue to skyrocket. ernment just 10 years ago in fiscal year what they would prefer: a full Federal Indeed, the Cincinnati Post wrote in 1991, and nearly 5 times the $8.2 billion commitment to IDEA or new Federal an editorial just 2 months ago that the spent on discretionary education funding initiatives. More than 90 percent of the responses city’s public schools spend: spending 25 years ago in 1976. Where is that money going? Think of that. I received so far have shown that $40.3 million a year on disabilities edu- Ohio’s education community leaders Where is it going? cation. That’s nearly 11% of its $365 million prefer a full commitment to IDEA over budget. It is important to understand that new programs. I am confident this the White House and some of my col- That is 11 percent of their budget. same poll conducted in other States Many school districts recognize that leagues on the other side of the aisle would produce a similar result. students with disabilities require dif- are very good at reading polls. They Let me read a few responses I re- ferent, and often, expensive needs. see that education is of high interest to ceived. Mr. Philip Warner, Super- They want to help their students, but the American people. intendent of Ravenna City School they also need and want the financial Even though the Federal Government wrote: only provides 7 percent of the funds for help that the Federal Government has I believe school districts would benefit the promised. education in this country, the White most if Congress met its obligations under As many of my colleagues may re- House and these same colleagues con- IDEA, therefore allowing school districts to call, when IDEA was passed in 1975, sider themselves, sometimes, I think, fund programs that would be specific in each Congress thought it was such a na- to be members of a national school school district. tional priority, that it promised that board. David VanLeer, Director of Pupil the Federal Government would pay up They have other, new priorities that Services, Euclid City Schools, right to 40 percent of the cost of this pro- they believe Washington should fund across the street from where I live: gram. instead of providing additional funding Congress should honor that pledge to pro- To date, the most that Washington for the federally created IDEA—pro- vide 40 percent of the cost of IDEA before has provided to our school districts grams like school construction, after- any new programs are funded. under IDEA is 12.6 percent of the edu- school programs, hiring more teachers, Doreen Binnie, speech language pa- cational costs for each handicapped improving technology and training in thologist at Colombia local School Dis- child; and that was in fiscal year 2000. schools, and creating community trict responded, ‘‘Absolutely,’’ to the

VerDate 11-MAY-2000 03:22 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.125 pfrm01 PsN: S28PT1 S5986 CONGRESSIONAL RECORD — SENATE June 28, 2000 question of whether Congress should The motion to lay on the table was 1965: Provided further, That grant awards fund IDEA before new programs. agreed to. under sec-’’. We must stop acting as if we are the Mr. SPECTER. May we have a time Ms. LANDRIEU. Mr. President, this Nation’s school board, trying to fund agreement on the amendment of the amendment will not require 60 votes every education program possible. The Senator from Louisiana? because it does not seek to waive the truth is, many of the programs that Ms. LANDRIEU. I would need about Budget Act. Members of Congress and the President 20 minutes. I am somewhat in agreement with want to enact should be funded at the Mr. SPECTER. May we have a time what Senator GRAMM said and our State and local level. In my view, those agreement of 30 minutes, 20 minutes ranking member, Senator HARKIN, programs would have a better chance for the proponents of the measure and about the fact that we do need to be of being funded if State and local gov- 10 minutes for the opponents, if there concerned with the amount of spend- ernments didn’t have to divert such a are opponents? ing. We need to be concerned about the large percentage of their funds to pay The PRESIDING OFFICER. Without amount of spending for education, for for IDEA. The Federal Government has objection, it is so ordered. health, for our military. We want to a commitment to IDEA and that com- The Senator from Louisiana. make sure we are making smart and mitment should be fully honored. I be- AMENDMENT NO. 3645 wise investments. We want to make lieve our State and local leaders should (Purpose: To provide funding for targeted sure we are not getting back into the be given the flexibility they need to grants under section 1125 of the Elemen- era of big Government or irresponsible spend new Federal education dollars tary and Secondary Education Act of 1965, Government with irresponsible tax that are allocated under this bill to and for other purposes) breaks. I am much inclined to support honor the commitment of IDEA. I ap- Ms. LANDRIEU. Mr. President, I am many of the comments that were made. preciate the fact that the appropria- hoping there will not be opponents be- This amendment fits that debate ex- tions committee provided increased cause we think this amendment makes actly. I am hoping the leadership on money for IDEA in this budget. a lot of sense. We are happy to agree to both sides will see it that way. The fact is, we should say to our a time limit because we are interested Let me begin by telling my col- local school districts that with the $2.7 in moving this debate along. leagues again what this amendment billion which is allocated in title VI I agree with our distinguished col- does not do. It does not ask to waive one of the options we should give them league from Ohio. I think his is a good the Budget Act. It does not add any is to fund the Individuals with Disabil- amendment. I commend him for com- money to this budget. It does not re- ities Education Act. ing to the floor and bringing to the duce one penny of title I money to any I thank the Chair and yield the floor. Senate an issue that is very important State in the Nation. The PRESIDING OFFICER. The Sen- to Louisiana, to our educators, teach- It simply attempts to redistribute ator from Louisiana. ers, superintendents, and parents who the moneys within this budget to re- Ms. LANDRIEU. I thank the Chair. are very interested in funding. I thank flect a value about which we all speak Under the unanimous consent agree- the Senator for continuing to advocate on both sides of the aisle each day; ment, I have the right to offer my for us to fulfill our commitment and that is, the value of trying to target amendment at this time. meet our promises to our special edu- the money in this budget to those chil- Mr. REID. Not until we finish the cation students. I hope the leadership dren, families, and communities that Voinovich amendment. would consider accepting this amend- The PRESIDING OFFICER. The need the most help. ment, which I offer in good faith, be- Voinovich amendment must be dis- cause it does not add money to the Many communities in Louisiana, posed of. budget. It simply provides greater California, New York, Michigan, and Mr. SPECTER. Mr. President, we flexibility. Mississippi are struggling to meet their have been consulting on the complex- I send my amendment to the desk obligations to provide a quality edu- ities of the bill. If I understand the and ask for its immediate consider- cation for all children, regardless of amendment by the Senator from Ohio, ation. their race, religion, or what side of the it is that the title XI block grant of The PRESIDING OFFICER. The track they were born on, or whether $2.7 billion, which is divided for class clerk will report. they have a lot of money in their size and construction, may be used for The legislative clerk read as follows: household or little money. other purposes at the discretion of the We believe that in America every local boards. If they choose not to use The Senator from Louisiana [Ms. LANDRIEU] proposes an amendment num- child deserves a quality education. We it for construction or class size, it bered 3645. say that on this floor over and over and could be used at their discretion. He Ms. LANDRIEU. Mr. President, I ask over again. We speak these words. We wants to be sure those funds can be unanimous consent that reading of the say this. But when it comes to writing used for special education. our budget, which we are doing today, Mr. VOINOVICH. That is correct. amendment be dispensed with. The PRESIDING OFFICER. Without we don’t do it. We don’t do it. We have Mr. SPECTER. That would be accept- the power to do it. Fifty votes, right able. It is our purpose that the local objection, it is so ordered. The amendment is as follows: now, could do this. But, unfortunately, boards, having decided they do not I don’t think we may get more than want it for the other purposes—con- On page 55, strike line 21 and all that fol- lows through page 56, line 8, and insert the maybe one or two or three or four be- struction or reduction in class size— cause we are very good at talking may use it as they decide. We are pre- following: ‘‘Higher Education Act of 1965, $9,586,800,000, of which $2,912,222,521 shall be- about equality, fairness and justice, pared to accept the Voinovich amend- come available on July 1, 2001, and shall re- but when it comes to writing a budget, ment. We are also anxious to proceed main available through September 30, 2002, we don’t do it. with the bill. and of which $6,674,577,479 shall become As a Democrat, it is hard for me to Mr. VOINOVICH. I thank the Sen- available on October 1, 2001, and shall remain say, but I have to be honest and say I ator. available through September 30, 2002, for am not sure the President’s budget re- Mr. REID. Mr. President, the minor- academic year 2000–2001: Provided, That ity has reviewed the amendment. I $6,985,399,000 shall be available for basic flects that value as closely as it should. I have to say the Republican budget have spoken with Senator HARKIN. We grants under section 1124: Provided further, have no objection to it. That up to $3,500,000 of these funds shall be doesn’t reflect that value, and some of The PRESIDING OFFICER. Without available to the Secretary on October 1, 2000, my own colleagues were not reflecting to obtain updated local educational agency that value. objection, the amendment is agreed to. level census poverty data from the Bureau of The amendment (No. 3641) was agreed This amendment, with all due respect the Census: Provided further, That to the committee and to everybody to. $1,200,400,000 shall be available for concentra- Mr. SPECTER. Mr. President, I move tion grants under section 1124A: Provided fur- who tried to work on this, attempts to to reconsider the vote. ther, That $750,000,000 shall be available for say that with some portion of this in- Mr. COVERDELL. I move to lay that targeted grants under section 1125 of the Ele- crease, we should increase title I be- motion on the table. mentary and Secondary Education Act of cause it is the only title that attempts

VerDate 11-MAY-2000 03:22 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.141 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5987 to send money out in a way to this Na- STATE ALLOCATIONS AT $738 MILLION (THROUGH BASIC, I am going to yield a few minutes of tion where the poor children, the need- CONCEN. AND TARGETED)—Continued my time to my colleague from Arkan- iest children, get the help and atten- sas, Senator LINCOLN, who has waited Landrieu tion, giving complete flexibility to the State Amend- Appropriations Committee patiently to speak. I thank her for her local government to decide whether it ment support, her passion, and her interest is additional teachers, additional re- Alaska ...... 21,513 20,225+1 million in helping us make our point. At this sources. Title I has great flexibility. Arizona ...... 140,669 130,766+10 million point, I yield 5 minutes to my col- Arkansas ...... 89,736 84,016+5 million There are few limitations, but it says California ...... 1,155,500 1,075,015+80 million league from Arkansas, and then I re- let’s help the poorest children, whether Colorado ...... 76,628 72,531+4 million spectfully request the remainder of my Connecticut ...... 83,202 77,575+6 million it is in Louisiana or Arkansas or Mis- Delaware ...... 23,653 22,429+1 million time. sissippi or California, and there are DC ...... 31,071 28,611+3 million The PRESIDING OFFICER. The Sen- Florida ...... 430,617 403,006+27 million many States that would benefit from Georgia ...... 249,983 234,458+15 million ator from Arkansas is recognized. this change. Hawaii ...... 23,306 21,956+2 million Mrs. LINCOLN. Mr. President, I, too, Idaho ...... 26,254 24,716+2 million All of the increases Senator GRAMM Illinois ...... 362,951 332,172+30 million join my colleague, Senator LANDRIEU, talked about, whether it is a 20-percent Indiana ...... 129,110 122,037+7 million in applauding what our colleague from Iowa ...... 57,129 54,715+3 million increase or an 8-percent increase, for Kansas ...... 62,627 59,452+3 million Ohio, Senator VOINOVICH, was doing Kentucky ...... 141,777 131,270+10 million previously in bringing up the impor- the purpose of my amendment, are not Louisiana ...... 209,188 191,242+18 million really the issue because of all of the in- Maine ...... 35,358 33,785+2 million tance of not only the program of IDEA Maryland ...... 116,722 109,446+7 million crease—whether 20 percent or 8 per- Massachusetts ...... 170,733 161,058+9 million but also the importance for us to be cent—a small amount, a few tiny pen- Michigan ...... 380,257 353,215+27 million able to make good on commitments we Minnesota ...... 94,030 89,526+5 million nies, have been devoted to title I. The Mississippi ...... 134,957 124,813+10 million have made, things we have asked our poorest children in this Nation, who Missouri ...... 154,238 144,421+10 million States and our localities to do and yet Montana ...... 29,986 28,346+1 million have no lobbyists, no big and powerful Nebraska ...... 34,320 32,636+2 million have not provided them the resources agencies to represent them up here, Nevada ...... 27,397 25,713+2 million to do them. New Hampshire ...... 22,034 20,919+2 million have literally been left out. In addi- New Jersey ...... 202,046 189,679+13 million This is just one of those requests. tion, the accountability money that New Mexico ...... 78,176 72,541+6 million When we look at the targeted grants New York ...... 874,009 803,360+71 million was placed in this budget in past years North Carolina ...... 174,860 167,151+7 million for the title I dollars, it is a program North Dakota ...... 22,389 20,984+2 million that was authorized over 6 years ago to make sure the money was going to Ohio ...... 326,933 305,597+21 million the poor districts, the middle-income Oklahoma ...... 111,448 104,642+7 million and never has been funded. That is all Oregon ...... 75,647 72,354+3 million districts, and the wealthy districts has Pennsylvania ...... 376,332 351,631+25 million the Senator from Louisiana is asking— been totally taken out. Puerto Rico ...... 299,038 282,528+17 million that we make good on our obligation Rhode Island ...... 28,262 26,427+2 million So this bill we are debating, that has South Carolina ...... 116,887 110,255+6 million that came about several years ago to either a 20-percent or 8-percent in- South Dakota ...... 22,223 20,672+2 million target those dollars to the neediest of Tennessee ...... 147,499 138,396+9 million crease, literally underfunds the poor Texas ...... 782,711 726,154+56 million children across this Nation. children of the Nation, the moderate- Utah ...... 37,139 35,293+2 million And to our colleague, Senator GRAMM Vermont ...... 19,834 18,659+1 million income families, the lower income fam- Virginia ...... 136,709 128,802+8 million from Texas, who mentioned that one of ilies, who are struggling to make the Washington ...... 118,831 113,362+5 million the most important things we need to West Virginia ...... 80,579 74,627+6 million American dream possible for them- Wisconsin ...... 136,280 126,519+10 million do in this debate is to set priorities, I selves. Yet we all come here every day Wyoming ...... 19,942 18,798+1 million say: Exactly. Let’s set the priorities of and talk about widening the circle of educating our children and under- Ms. LANDRIEU. Mr. President, this standing that we are only as strong as opportunity, how we want to share the shows clearly that every State in the our weakest link, and that devoting great wealth of this Nation. But when Union will benefit. The poor children in the resources we have obligated long it comes to funding education for the every State will benefit significantly ago to the neediest of children should kids who need it the most, so they can by this amendment. I will read specifi- be done. have a chance, we say no, no, and no. cally into the RECORD the poorest So I rise in support of the amend- That ‘‘no’’ is being said on the Demo- States that will greatly benefit, and ment offered by my good friend from cratic side, the Republican side and, those States are: Louisiana, Mis- Louisiana, Senator LANDRIEU, which frankly, from the White House. sissippi, Alabama, Arkansas, Cali- This is one Senator who thinks it is fornia, District of Columbia, Georgia, would provide a modest increase in wrong. If I am the only vote on the bill, Illinois, Kentucky, Michigan, New title I funding and target those addi- let it be so. I think there will be a few Mexico, New York, Texas, and West tional resources to the neediest public others. I don’t think this amendment Virginia. schools. As I have said on many occa- will pass. I am sure it will be second Just to read out a few pretty star- sions, I believe strongly that we need degreed because when we can’t agree, tling numbers, let’s take California. to increase the Federal investment in we offer a commission—I am sure This amendment, without adding one public education to ensure that all stu- someone is going to do that—to study penny to the budget, will give Cali- dents have access to quality education. the issue because we have to keep fornia $80 million more because they But spending more money to help edu- studying the issue of how poor children have in certain areas a concentration cators meet higher standards is only are affected when their education is at of very poor children who need addi- one part of that solution. We also have a disadvantage. tional help. Louisiana will get an $18 to ensure that Federal dollars are I will vote against a study. I am million increase. Without this amend- spent responsibly and that we allocate going to vote for this amendment be- ment, Senator BREAUX and I will basi- those resources where we can make a cause it will simply move within the cally go home empty-handed to a State real difference. confines of this bill $750 million, which where a headline in one of our major Right now, in those title I funds, is still a reasonable amount of money, newspapers this week was: Louisiana’s there are three categories. These tar- from one title into the title I. Children Suffer. geted grants don’t receive any of that I ask unanimous consent that this The Kids Count Data Book just came funding. Eighty-five percent goes to document be printed in the RECORD. out. It clearly demonstrates which basic grants and 15 percent goes to con- There being no objection, the mate- States need the help and which States centration grants. Statistics consist- rial was ordered to be printed in the could use the help. I don’t believe in ently demonstrate that, on average, RECORD, as follows: just throwing around new money. I am children who attend schools with a arguing for flexibility and account- high concentration of low-income stu- STATE ALLOCATIONS AT $738 MILLION (THROUGH BASIC, ability. But I am also arguing that we dents lag behind students from more CONCEN. AND TARGETED) have an obligation to target our Fed- affluent areas. This is certainly true in Landrieu eral resources better than we do. I am Arkansas, where students in the delta State Amend- Appropriations Committee hoping my colleagues on both sides of region score lower on academic ment the aisle will see the wisdom in this achievement tests than students in our Alabama ...... 144,564 134,762+10 million amendment. more prosperous regions of the State.

VerDate 11-MAY-2000 03:22 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.128 pfrm01 PsN: S28PT1 S5988 CONGRESSIONAL RECORD — SENATE June 28, 2000 To me, these statistics are a clear in- The PRESIDING OFFICER. The Sen- ceived at least some Title I funding, in- dication that title I, which again was ator from Louisiana. cluding many suburban schools with created to aid the education of dis- Ms. LANDRIEU. Mr. President, how small pockets of low-income students. advantaged children, isn’t working as much time do I have remaining? Of the 42 percent that don’t receive any well as it should. We have diluted our The PRESIDING OFFICER. The Sen- Title I support, a disturbing number title I program funds to so many dif- ator has 5 minutes. have high concentrations of poor stu- ferent areas, until they have become Ms. LANDRIEU. Mr. President, I dents. In fact, one out of every five less effective in the areas where they yield 4 of those minutes. But I ask for schools with poverty rates between 50 are supposed to be directed—to the dis- an additional 5 minutes. percent and 75 percent do not get a advantaged. Mr. COVERDELL. Mr. President, I dime from Title I. Let me repeat that Congress recognized that problem have no objection. startling statistic, because the first back in 1994 when it created those tar- Ms. LANDRIEU. I thank the Senator. time I heard it I did not believe it—one geted grants for title I dollars. In the I yield 5 of those minutes to my col- of every five schools that have half to most recent ESEA Reauthorization league from Connecticut, and I would three quarters of its children living in Act, unlike basic and concentrated like 5 minutes to close. poverty receives no Title I funding. grants, targeted grants are designed so The PRESIDING OFFICER. The Sen- None. that school districts with a high per- ator from Connecticut. How does this happen? The formulas centage of low-income students receive Mr. LIEBERMAN. I thank the Chair. we are using to allocate these funds a greater share of title I funding. I thank my friend and colleague from purposely spreads the money thin and I think we were on to something, but Louisiana. wide. Any school district with at least unbelievably these targeted grants Mr. President, I commend my friend 2 percent of its students living below have never been funded. and colleague from Louisiana, Senator the poverty level qualifies for funding This is unfortunate because these are LANDRIEU, and express my strong sup- under Title I’s Basic Grants formula, the kids who need the Federal assist- port for her amendment to better tar- through which 85 percent of all Title I ance the most, and it is where we could get our Federal education funding to funding is distributed. The rest of the do the most good. Income status alone the schools and children who need it money is channeled through the Con- doesn’t determine student achieve- most. I know from our collaboration on centration Grant formula, which is ment. It is the concentration of eco- our comprehensive new Democrat edu- only marginally more targeted than nomically disadvantaged students in a cation reform plan, the Three R’s legis- the Basic formula, providing aid to dis- school that makes the most difference. lation, that Senator LANDRIEU’s com- tricts with as few as 15 percent of their After visiting dozens of schools and mitment to rescuing failing schools students at the poverty level. As a re- talking with hundreds of parents in my and providing every child with a qual- sult, almost every school district in home State, I am convinced that we ity education is unsurpassed in this the country—9 out of every 10—re- have to change our approach if we want body. ceives some aid from this critical aid to maintain public confidence and sup- I also want to thank my friend and pool. port for a strong role in education at colleague from Arkansas for her devo- In fairness, Congress did make an ef- the Federal level. In addition to more tion to this cause, and for her very elo- fort to correct this imbalance in 1994 targeted funding, we need tough ac- quent statement on behalf of this through the last reauthorization of the countability standards to ensure stu- amendment. ESA. We approved the creation of a dents are learning core academic sub- As Senator LANDRIEU and many oth- new Targeted formula, which puts a jects, and more flexibility at the local ers have rightly pointed out, we are much heavier weight on poverty and level to allow school districts to meet facing an educational crisis in our therefore would direct a much higher their most pressing needs. Ultimately, poorest urban and rural communities, percentage of funds to schools with we have to account for the money we where learning too often is lan- higher concentrations of poor children. spend in Washington and show our con- guishing, where dysfunction is too The key word there, of course, is stituents results to sustain their sup- often the norm, and where as a result would. Congress has unfortunately port. too many children are being denied the never appropriated funding through the I also call on my colleagues to sup- promise of equal opportunity. It is just Target formula. Not a penny, Instead, port an amendment Senator not right or acceptable that 35 years we have perpetuated a system that LIEBERMAN will be offering later which after the passage of the Elementary promises one thing and delivers an- will address this issue. It calls for a and Secondary Education Act, that the other, that succeeds in letting us bring comprehensive GAO study of targeting average 17-year-old black and Latino home funding to each of our districts under title I. At the very least, I be- student reads and performs math at but fails to meet its fundamental goal lieve we have a responsibility to take a the same level as the average 13-year- of helping those most in need. good, hard look at the current system old Caucasian American student. We That is exactly what this amendment because the status quo isn’t good must begin to respond to this emer- introduced by the junior Senator from enough. gency with a greater sense of urgency, Louisiana will do. Once again, I con- This amendment is an important step and that is exactly what the Landrieu gratulate her on her leadership. This is in the right direction. I applaud my amendment aims to do, infusing $1 bil- an amendment which would put our colleague from Louisiana for the cour- lion in new funding for FY 2001 into the money where the needs generally are. I age to stand up for what is right. Title I program for disadvantaged stu- urge my colleagues to support it. Maybe it is not the most popular, but dents and allocating those resources to I thank the Chair. I yield the floor. it is right. the districts with the highest con- The PRESIDING OFFICER. The Sen- I urge support for this proposal. This centrations of poverty. ator from Louisiana. may not be a political issue, and this We are currently spending $8 billion a Ms. LANDRIEU. Mr. President, I will certainly may not be the most popular year on Title I. No one in this body try to be brief as I conclude my re- issue with those in this body who want questions the value or mission of Title marks on this important amendment. to keep the status quo, but it is the I, which was enacted in 1965 to com- I thank my colleague from Con- right issue. It is the right decision to pensate for local funding inequities and necticut for his extraordinary leader- make, and it is the right amendment to help level the playing field for low-in- ship in the area of education. It is par- support. If nothing else, this body come students. But the unpleasant ticularly wonderful and refreshing to should support this amendment on be- truth is that this well-intentioned pro- note that there are some Members of half of the neediest children in this Na- gram is not nearly as focused on serv- this body who will take their time and tion. ing poor communities as it is perceived give their energy to speak on an I applaud my colleague’s courage, to be, leaving many poor children with- amendment on the principles because and I appreciate her leadership in this out any aid or hope whatsoever. States benefit from this—and Con- effort. According to the Department of Edu- necticut most certainly benefits from I yield the floor. cation, 58 percent of all schools re- this. Connecticut is not one of the

VerDate 11-MAY-2000 03:22 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.131 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5989 poorer States in the Union. I thank my Bingaman, Relevant; Bingaman, Relevant; Torricelli, Lead poisoning; Torricelli, Lead colleague for his extraordinary leader- Bingaman, Relevant; Bingaman, Relevant; poisoning; Torricelli, Lead poisoning; ship and commitment, even though he Boxer, Relevant; Boxer, Relevant; Boxer, Torricelli, Cost effective emergency trans- doesn’t come from a State where the Relevant; Breaux, Point of order. portation, No. 3612. Brownback, Disease treatment, No. 3640; Wellstone, Perkins Loan cancellations; per capita income is low. It is quite Brownback, Family research, No. 3646; Byrd, Wellstone, Stafford Loan forgiveness; high. It makes his leadership on this Relevant; Byrd, Relevant; Collins, Wellstone, NIH grants and drug pricing; issue all the more inspiring. I thank Defibrillator, No. 3657; Collins, Defibrillator, Wellstone, Child care, No. 3644; Wellstone, him for his help. No. 3643; Collins, Drug treatment for home- Social services, No. 3596; Wellstone, Suicide Connecticut will do well under this less, No. 3642; Collins, Rural education. prevention; Wellstone, 1.1 billion advance formula, as will many other States. Conrad, Relevant; Conrad, Relevant; LIHEAP; Wellstone, Relevant; Wellstone, Coverdell, Contracts with criminals, No. Relevant; Wyden, NIH. But it is the States that have poorer 3647; Coverdell, Needles, No. 3648; Daschle, rural students and poorer urban stu- Discrimination; Daschle, Relevant; Daschle, Mr. LOTT. Mr. President, the Sen- dents that will do the best because that Relevant to any on list; Daschle, Relevant to ator from Louisiana has 2 minutes re- is what the Federal Government should any on list. maining. Does she wish to use that be doing with a portion of our edu- Daschle, Relevant to any on list; DeWine, time or reserve it? cation money, helping to level the Troops to teachers, No. 3591; DeWine, Poison Ms. LANDRIEU. I thank the distin- playing field. control, No. 3592; Dodd, After school pro- guished leader. I have made my closing gram; Dodd, Restraints; Dodd, Relevant; arguments. If there is no one else to We talk a lot about opportunities, Domenici, Telcom training center, No. 3651; and then we don’t fund them. Domenici, Telecom training center, No. 3662. speak, I am happy to receive a motion We talk a lot about fairness, but we Dorgan, Relevant; Dorgan, Relevant; Dor- on the amendment so we can call for a don’t fund it. We talk a lot about gan, Institutional Development Award Pro- vote. equality, but we don’t fund it. gram, No. 3611; Durbin, Asthma, No. 3606; Mr. SPECTER. Mr. President, I have Mr. President, talk is cheap. Whether Durbin, Asthma, No. 3607; Durbin, Immuniza- a very short statement to make. it comes from this side, that side, or tion, No. 3608; Durbin, Immunization, No. I applaud the Senator from Louisiana 3609; Edwards, Relevant. down Pennsylvania Avenue, that is Edwards, Plan to eliminate syphilis, No. for this amendment. I do believe it is a what this amendment is about. That is 3613; Enzi, OSHA (ERGO), No. 3660; Feingold, very good idea to target funds for dis- why I am insisting on a vote. That is Defibrillations; Feingold, Relevant; Fein- advantaged children under title I. The why, while a study may be helpful, gold, Campaign finance; Feingold, Campaign difficulty is that the $600 million will what really would be helpful is a vote finance; Feinstein, Master teachers; Frist, be taken from title VI, where we have for the poor kids of this Nation. Education research, No. 3654. already allocated the principal sum of One of the great Presidents of one of Graham, Social services, No. 3595; Graham, those funds to meet the President’s re- our distinguished universities said: If Healthcare providers, No. 3597; Graham, Health; Graham, Health; Graham, Relevant; quirements for new school construction you think education is expensive, try Gramm, Budget limit, No. 3667; Gramm, Rel- and for class size on the condition that ignorance. evant; Harkin, School construction. local boards may use it for other pur- I offer to this body that there is not Harkin, Discrimination; Harkin, Relevant; poses if they decide they do not need any way in this world, not with any tax Harkin, Relevant; Helms, School facilities; classroom construction or additional cut, not with any fancy new tech- Hollings, Amendment; Hollings, Amend- teachers. nology, not with any new program that ment; Hollings, Amendment; Hutchinson, When the Senator from Louisiana anybody in this Chamber can think of, NLRB, No. 3627. Hutchinson, Medicaid waivers; Jeffords, concludes, I will move to table the we can help sustain this economic mir- IDEA, No. 3655; Jeffords, Medicine manage- amendment. acle of growth if we don’t fund a qual- ment, No. 3656; Jeffords, Public Health Serv- Ms. LANDRIEU. I ask the Senator, is ity education for every child in this ice Act, No. 3677; Jeffords, High school, No. it not true that there is a $1.5 billion Nation. 3676; Kennedy, Mental health services; Ken- increase in title VI; yet there is a very Mr. President, this budget doesn’t do nedy, Health professionals; Kennedy, Job small percentage or a $400 million in- it. training. crease for title I? If we are going to Kennedy, Relevant; Kennedy, Relevant; This amendment helps to target build schools or reduce class size, and some money to the kids who need it Kennedy, Health care; Kennedy, Health care; Kerrey, Web-based education, No. 3605; this is a question, does the Senator the most. We need to put back our ac- Kerry, Technology literacy, No. 3636; Kerry, think we should try to do it for the countability money, put our money Technology, No. 3659; Landrieu, Adoption poorer communities first and then we where we say our values are. services, No. 3668. can do it for everyone else? That is I yield the floor, and I ask for a vote Lautenberg, Health spending; Lautenberg, what my amendment attempts to do. I on my amendment. Relevant; Leahy, Office of Civil Rights; ask the Senator that. Mr. LOTT. Mr. President, parliamen- Levin, Relevant; Levin, Relevant; Is that in the interest of the Nation, Lieberman, GAO study on Title I funds; tary inquiry: I believe Senator REID to do it for the poor schools first and was going to offer a second-degree Lieberman, Targeted education, No. 3650; Lott, Relevant. then worry about everyone else? amendment on this matter. Lott, Relevant to any on list; Lott, Rel- Mr. SPECTER. If I may respond, my The PRESIDING OFFICER (Mr. evant to any on list; Lott, Relevant to any preference would be to move for the BROWNBACK). A second degree amend- on list; Lott, Energy, No. 3615; Murray, Class poor schools first. ment would not be in order until the size; Nickles, Relevant to any on list; Nick- In constructing this bill, there were time has been used. les, Relevant to any on list; Nickles, Rel- many objections as to how the money evant to any on list. Mr. LOTT. How much time remains? was going to be allocated. The only The PRESIDING OFFICER. The Sen- Nickles, Relevant to any on list; Nickles, way we could work through the com- ator from Pennsylvania has 10 minutes Relevant to any on list; Nickles, Health care; plications was to put it in title VI. and the Senator from Louisiana has 2 Reed, Gear-Up, Nos. 3637, 3638, 3639; Reed, Im- munization; Reed, Summer job; Reed, Youth That was not my first choice, nor are minutes. violence-drug and gun free schools; Reed, Mr. LOTT. Mr. President, I renew the the programs my first choice. Relevant. Working through a great many con- unanimous consent request with re- Reid, National Institute of Child Health, siderations, we ended up in title VI spect to the limit of first-degree No. 3599; Reid, Relevant; Reid, Relevant; leaving the options to school districts, amendments to the pending bill and Robb, School Construction; Schumer, Voca- if they choose not to have construc- send the list of amendments to the tional rehab; Schumer, Cancer funding; tion, or if they choose not to have re- desk. Schumer, Relevant; Smith, (NH) CHIMPS, The PRESIDING OFFICER. Without No 3603. duction in class size. That is an accom- Smith (NH), CHIMPS, No. 3670; Smith modation to very many disparate objection, it is so ordered. (NH), Invasive medical tests in schools; The list of amendments is as follows: views. Smith (NH), Davis-Bacon; Smith (NH), Ms. LANDRIEU. I thank the Senator Ashcroft, Medicare; Baucus, Medicare; Davis-Bacon; Smith (NH), Relevant; Smith Baucus, Impact aid; Bayh, State children’s (NH), Relevant; Specter, Managers amend- for his honesty, and I yield the floor. health program, No. 3614; Bingaman, Energy, ment; Stevens, Relevant. Mr. SPECTER. Mr. President, I ask No. 3652; Bingaman, Drop out; Bingaman, Stevens, Relevant; Torricelli, Fire sprin- unanimous consent, and this has been Tribal colleges; Bingaman, Relevant. klers; Torricelli, HCFA regulation; cleared on the other side, that the vote

VerDate 11-MAY-2000 03:22 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.133 pfrm01 PsN: S28PT1 S5990 CONGRESSIONAL RECORD — SENATE June 28, 2000 on the Landrieu amendment be set at Nation. He has been a strong advocate Recognizing that the costs associated 7:45. for education funding and an even with educating these children was Mr. LOTT. Mr. President, if I could stronger advocate for the funding of more than many school districts could amend that request to ask consent that IDEA. He has been an equally strong bear alone, we pledged to pay 40 per- votes occur on the pending amend- advocate for more funding for the Na- cent of these costs of educating stu- ments at 7:45 in the order which they tional Institutes of Health. This year dents. were debated, with no second-degree he has once again taken up the chal- I know that there is some disagree- amendments in order prior to the lenge of balancing competing needs. ment about whether or not a commit- votes, and that there be 2 minutes for The appropriations bill he brought to ment was made. I want to tell you as explanation prior to each vote. the Senate is a product of difficult ne- someone that was there at the time Mr. REID. Reserving the right to ob- gotiations between competing view- that we made a pledge to fully fund ject, there will be a motion to table on points. this program. the Landrieu amendment. There will be Because of my respect for my friend I have in my hands a petition from a motion to table on the Jeffords from Pennsylvania, I come to the floor every school board in my State. I urge amendment. We would not want a right with an amendment only because of my all of my colleagues to come by my taken away, in case a motion to table conviction that there is an unmet Fed- desk and look at these petitions. They fails, to second degree. eral obligation that must now be met know we made that commitment. Pass- Mr. LOTT. That is not limited by in full. Almost all the Members of this ing this amendment will do more to this. body have gone on record in support of help our school districts meet their ob- I further ask consent that the time fully funding our commitment to our ligation to improve education in this between now and 7:45 be equally di- local schools. We should fully fund country than nearly anything else we vided on the Jeffords amendment. IDEA for special education. can do. The PRESIDING OFFICER. Without I also commend my good friend from In 1997 Congress once again took up objection, it is so ordered. Iowa, Senator HARKIN, who has been a this landmark legislation. This a com- The Senator from Vermont. tireless champion of education funding plex bill that has profound impact on AMENDMENT NO. 3655 and health care funding. classrooms across the Nation. With the (Purpose: To increase the appropriations for I anticipate that the opponents of my strong leadership of Senator LOTT, carrying out the Individuals with Disabil- amendment may argue that this Senator FRIST, Senator GREGG, Sen- ities Education Act, with an offset) amendment should be defeated because ator KENNEDY, Senator DODD, Senator Mr. JEFFORDS. Mr. President, I now it takes funds from one education pro- HARKIN, and many others, we passed send amendment No. 3655 to the desk. gram and provides it to another. I, too, the first reauthorization of IDEA in 22 The PRESIDING OFFICER. The support increased funding for edu- years. It is an accomplishment that clerk will report. cation, and have voted repeatedly over many of us are very proud of. The assistant legislative clerk read the past several days to waive the At that time, we reaffirmed our com- as follows: Budget Act in order to secure addi- mitment to pay 40 percent of the costs The Senator from Vermont [Mr. JEF- tional funds for education. It is clear, of educating children. We made this FORDS], for himself, Mr. GREGG, Mr. FRIST, however, that this does not reflect the pledge to families, to school boards and Mr. ENZI, Mr. HUTCHINSON, Ms. COLLINS, Mr. will of the Senate. to the Governors of our States. Over HAGEL, Mr. SESSIONS, Mr. BROWNBACK, Mr. Because it is very clear that there is the past 3 years, we have made some DEWINE, Mr. SANTORUM, and Mr. VOINOVICH, not sufficient support for an amend- progress. proposes an amendment numbered 3655. ment which would exceed the budget But as my good friend from New Mr. JEFFORDS. Mr. President, I ask caps, we must make difficult choices Hampshire has pointed out several unanimous consent reading of the regarding which programs should be times over the past year, we are only amendment be dispensed with. given priority. I have been a longtime supporting 13 percent of these costs. In The PRESIDING OFFICER. Without advocate for funding for the title VI 1975, we made a pledge which we did objection, it is so ordered. block grant program. This appropria- not keep. In 1997 we made that same The amendment is as follows: tions bill provides this program with a pledge once again when we reauthor- On page 58, line 15, strike ‘‘$4,672,534,000’’ $2.7 billion increase, while providing a ized IDEA. and insert ‘‘$3,372,534,000’’. $1.3 billion increase for IDEA. I believe, In the 105th Congress we felt it im- On page 58, line 17, strike ‘‘$2,915,000,000’’ and this belief is held by every school portant to reaffirm our commitment to and insert ‘‘$1,615,000,000’’. board in Vermont, that IDEA should be full funding for IDEA. We added lan- On page 58, line 22, strike ‘‘$3,100,000,000’’ and insert ‘‘$1,800,000,000’’. our very first priority. guage to the fiscal year 1999 Budget On page 58, line 26, strike ‘‘$2,700,000,000’’ In 1974 we made a commitment to that stated that IDEA should be fully and insert ‘‘$1,400,000,000’’. fully fund IDEA. If 25 years later we funded as soon as feasible. And it is On page 60, line 16, strike ‘‘$7,352,341,000’’ cannot meet this commitment in an feasible now. We know that. This lan- and insert ‘‘$8,652,341,000’’. era of unprecedented economic pros- guage was adopted unanimously by the On page 60, line 19, strike ‘‘$4,624,000,000’’ perity and budgetary surpluses, when Senate. At that time, we still faced and insert ‘‘$5,924,000,000’’. do we plan to keep this pledge? budget deficits and it was argued that Mr. JEFFORDS. Mr. President, I ask When I first arrived in Congress, one full funding was not feasible. unanimous consent that Senators of the very first bills that I had the In the 106th Congress we continued to COVERDELL and CHAFEE be added to the privilege of working on was the Edu- press for full funding for IDEA. The fis- other cosponsors of the amendment. cation of All Handicapped Act of 1975. cal year 2000 appropriations provided a The PRESIDING OFFICER. Without As a freshman Member of Congress, I $600 million increase in funding for objection, it is so ordered. was proud to sponsor that legislation IDEA. During the debate over the 2001 Mr. JEFFORDS. Mr. President, I and to be name as a member of the Budget Resolution the Senate adopted begin by commending my colleague House and Senate conference com- language that I advocated calling for from Pennsylvania for his leadership as mittee along with my chairman Johns full funding of IDEA as soon as fea- chairman of the Labor, HHS, Edu- Brademus and then Vermont Senator sible. cation, and related agencies sub- Bob Stafford. The appropriations bill that is before committee. His efforts to increase At that time, despite a clear Con- us raises funding for IDEA by $1.3 bil- funding for education and health care stitutional obligation to educate all lion in fiscal year 2001. I commend Sen- often receive too little attention. I children, regardless of disability, thou- ator SPECTER and Senator HARKIN for offer him my thanks on behalf of all sands of disabled students were denied providing for this historic increase in Members who share our dedication to access to a free and appropriate public funding for IDEA. Nonetheless, this in- education. education. Passage of the Education of crease does not put us on the path to- He has had a challenging job crafting All Handicapped Act offered financial ward fully funding this program. appropriations bills that balance the incentives to states to fulfill this exist- Our amendment is simple. It doubles many real and competing needs of the ing obligation. the increase that is provided in the bill

VerDate 11-MAY-2000 04:52 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.136 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5991 and provides IDEA with an increase What I rise in opposition to is how money in there for construction and that is comparable to the increase that my friend from Vermont does this. modernization. I want to make that Senators SPECTER and HARKIN have What my friend is doing is he is taking clear. Because this is where I differ provided for the National Institutes of money out of title VI, which was put in with my friend from Vermont. Under Health. there for school construction and mod- his amendment we will have zero dol- It provides a path by which we will ernization—$1.3 billion. lars for school construction and mod- achieve full funding for IDEA by fiscal He is taking that money and saying ernization. Zero. At least with the year 2005. It sends a clear message to it should be used to help meet our Voinovich amendment, they will be the Nation that we, as a body, make goals on IDEA. able to decide what they want to do. good on the commitment we make. Again, it is a classic case of robbing They will have money in there for I urge my colleagues to join me in Peter to pay Paul. Do we have a need school modernization and construction. supporting this amendment. for the Federal Government to educate I hope the Senator from Vermont Good Lord, if we can’t do it now with kids with disabilities and meet its will perhaps reconsider this amend- budget surpluses and the economy we goals to our States? Yes. We ought to ment. I know the goal is laudable. have, if not now, when will we do it? I fully fund IDEA. Heck, I support that. We ought to fund do not believe anyone can rationally Do we also have a responsibility to IDEA, but not take it out of school argue this is not the time to fulfill that help States and our local school dis- construction and modernization. promise. I intend to do all I can to tricts rebuild our dilapidated and I hope we can move beyond this and make sure we do. crumbling schools? I believe the answer meet our obligations to all our children Mr. President, I reserve the remain- to that is yes. The average school in in this country in education and not der of my time and yield the floor. America now is over 40 years old. They penalize one group to help another The PRESIDING OFFICER. Who are crumbling. They need to be mod- group. In this case, we penalize kids yields time? The Senator from Iowa. ernized. They need to be updated. with disabilities to help kids with dis- I say to my friend from Vermont— Mr. HARKIN. Mr. President, how abilities. That does not seem to make and he is my friend and he is a great much time remains? much sense to this Senator. I yield the supporter of education, I know that— The PRESIDING OFFICER. The Sen- floor. ator from Iowa controls 14 minutes. but I ask my friend to consider this: The PRESIDING OFFICER. The Sen- When we modernize schools and rebuild Mr. HARKIN. Mr. President, I rise in ator from Vermont. opposition to the amendment offered schools, one of the biggest beneficiaries Mr. JEFFORDS. Mr. President, I sug- by my friend from Vermont. I want to is a kid with a disability. I want the gest to the Senator from Iowa, perhaps make it clear I am not rising in opposi- Senator to consider that because when we can add a phrase to this amendment many of our old schools were built, tion to his goal. Senator JEFFORDS’ that says the communities should they were not accessible. The doors are goal is the same goal I have. We both make it a high priority to fix any prob- too narrow, the bathrooms are not ac- want to do everything we can to fully lems with access. Would he then sup- cessible, and even the drinking foun- fund, on the Federal level, our stated port this amendment? goal of paying 40% of the costs of spe- tains are not accessible, especially for Mr. HARKIN. The Senator asks me a cial education. We should do it. So I someone who uses a wheelchair. legitimate question. As I understand it, When we talk about school construc- agree with the Senator on that. Sen- under the Voinovich amendment, IDEA tion and modernization, we talk about ator JEFFORDS has been a stalwart sup- is an allowable use under title VI. I be- $1.3 billion, which is a mere pittance of porter of that goal. I believe I have what is required. What the Senator lieve that is well covered in the been, too. So I do not rise in opposition from Vermont is actually doing by tak- Voinovich amendment. to what my friend from Vermont is Again, the Senator wants to restrict ing that money and putting it into the use of the construction and mod- trying to do Just like me, he wants to IDEA, is penalizing kids with disabil- ernization money. A lot of it will be educate kids with disabilities and en- ities who need these schools modern- sure the Federal Government meets its ized and upgraded. But then the Sen- used for accessibility. Some may not authorized funding goal that was stat- ator proposes that he is putting the be. Some may be used to repair a ceil- ed in the bill, in IDEA, when it was money in IDEA to help kids with dis- ing. A ceiling is leaking, and they need passed 25 years ago. abilities. Please, someone make some to repair it. It might not just help kids I do, however, feel compelled to clar- sense out of that for me. with disabilities, it would help all kids. ify once again, as I have every year As I said, the Senator’s intentions I would not want to narrow it this way. that this issue has come up, usually are very good and laudable to increase Mr. JEFFORDS. Again, I want to presented by the Senator from New funding for IDEA. If he were to do this point out that the people’s under- Hampshire, the terms of the 40 percent. in an open way and say we ought to in- standing of our responsibilities are The stated assumption that the Fed- crease money for IDEA, I would be on pretty clear in this case. If there is a eral Government is to fund 40 percent his side, but not at the expense of statutory obligation and a commit- of the cost of educating children with school modernization and construction ment to fully fund a program—as there disabilities is not correct. You must because it is kids with disabilities, is in IDEA—this should be our highest look at the legislation. The authorizing maybe above all others, who need to priority. And again, I remind my col- legislation of 25 years ago authorized have some of these schools modernized, league that this body has gone on the maximum award per State as being I say to my friend from Vermont. record in vote after vote that we the number of children served times 40 Second, we just adopted an amend- should fully fund IDEA. To suggest percent of the national average per ment offered by Senator Voinovich that fully funding IDEA should not be pupil expenditure. It was not 40 percent from Ohio. I said: Yes, we will accept given higher priority than our desire to of the cost of educating kids with dis- it. The amendment of the Senator from create a new construction program, is abilities. Ohio says the schools can use title VI to abandon our original commitment. Mr. JEFFORDS. I did not say it was. money, an allowable expense, to meet Certainly, if you owe money to a bank, I carefully deleted that and said it is the requirements of IDEA. I submit to that is a first priority over putting the cost of educating a child. my friend from Vermont that the ac- money in your savings account. Mr HARKIN. A child? Then the Sen- ceptance of the Voinovich amendment We made these pledges. The people ator is correct. Usually it is stated the takes care of that. It leaves the money back home know that the best way to other way around. The Senator cor- in there for school modernization and improve education using Federal rectly stated the law. construction. However, out of the total money is to have financial relief from But back to the point I wanted to pot of title VI money, the VOINOVICH the pressures of IDEA. It should be ob- make. Should we reach that 40-percent amendment says that one of the allow- vious what our conscience is telling us. goal? Absolutely. We should have able uses would be to use it to meet the We should fully fund the obligations we reached it a long time ago. I agree the requirements of IDEA. made back in 1975. That should be our Federal Government has fallen down I hope that will satisfy the Senator primary priority. We said it over and on its effort to reach that goal. from Vermont. It still leaves the over again and now we are turning our

VerDate 11-MAY-2000 04:52 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.047 pfrm01 PsN: S28PT1 S5992 CONGRESSIONAL RECORD — SENATE June 28, 2000 back on our commitment. We say: No, brand new program, which we are student loans, the bill would save $1 we are going to use it for other things, doing, and shift it over to IDEA where billion over five years. By ending tax and we are going to use it for things for I believe it ought to be our first pri- deductions for tobacco promotions that which we have not already made a ority. That is something we can do on entice our children to smoke, we’d save commitment, and that is to help with this bill. We can’t tap the surplus now, $10 billion. And by limiting the foreign the construction of schools. School as I tried during the budget resolution. tax credit that allows big oil and gas construction has always been a state That was turned down. companies to escape paying their fair and local responsibility. Fully funding Mr. HARKIN. As the Senator knows, share of royalties, we’d save about $3.1 IDEA will allow local communities to I supported that when he offered it. billion. fund their own priorities, including Mr. JEFFORDS. Right. The PRESIDING OFFICER. The Sen- construction. Mr. HARKIN. That was on the budg- ator from Vermont. I urge my friends to recognize our et. This is on appropriations. Mr. JEFFORDS. Mr. President, how commitment to fulfill the promise we I say to my friend, offer an amend- much time do I have left? made and to use these funds to fund ment. The Senator can offer an amend- The PRESIDING OFFICER. The Sen- IDEA. ment right now to fully fund IDEA and ator from Vermont has 1 minute. Look at these petitions from every take it out of budget surpluses. I will Mr. JEFFORDS. Good. single school board in my state. Every support him on it right now. The PRESIDING OFFICER. The Sen- Mr. JEFFORDS. It will take 60 votes school district in the state says that ator from Iowa. and fail. Mr. HARKIN. Mr. President, how the first thing we should do is fulfill Mr. HARKIN. Who knows if it will much time do I have? our promise to fully fund IDEA. fail? Wouldn’t it be nice to try? The PRESIDING OFFICER. The Sen- Mr. President, I yield the floor. Mr. JEFFORDS. Sure. If I fail, you Mr. HARKIN. Mr. President, how can try. All right? ator from Iowa has 1 minute. much time do I have remaining? Mr. HARKIN. We should not be tak- Mr. JEFFORDS. I am willing to yield The PRESIDING OFFICER. The Sen- ing it out of school construction and back my 1 minute. ator from Iowa has 4 minutes. modernization—not at all. Our local Mr. HARKIN. The Senator from Mr. HARKIN. I just heard my friend school districts need this money. Go Pennsylvania may want a minute. from Vermont say some magical words out and talk to your school districts. The PRESIDING OFFICER. Does the with which I totally agree. I wrote The people who are paying our prop- Senator from Iowa yield back his them down as he said them: ‘‘Take erty taxes are getting hit pretty darn minute? budget surpluses and meet our commit- hard. Ceilings are falling down. They Mr. HARKIN. I want to see if the ments.’’ I agree with that. are leaking. They need this help from chairman wants to say anything. Do you know what? Just this week the Federal Government. We have the Mr. SPECTER. Mr. President, I know we now found out we are going to have wherewithal to do it. And that is what the Senator from Vermont believes $1.9 trillion over the next 10 years we we ought to stick with. very deeply about the importance of didn’t know we were going to have in If the Senator wants to offer an the IDEA program and the necessity surplus. amendment to fully fund IDEA, take it and desirability of the Federal Govern- If my friend from Vermont wants to out of the $1.9 trillion budget surplus— ment to fund it. offer an amendment to fully fund ‘‘take it out of the budget surpluses,’’ The difficulty is—and we wish we had IDEA, and to take it out of the sur- as my friend said, I am in lockstep more funds in the education budget, al- pluses, I am with him 100 percent of the with him because that is what we though this budget has $4.5 billion way because he would be right on. The ought to be doing with that surplus. We more than last year, and $100 million Senator just said that: ‘‘Let’s take our ought to be meeting this basic goal of more than the President’s figure—but budget surpluses.’’ I agree with that. our Federal Government. when it comes out of the construction That is not what my friend is doing. Of course, while I believe some of the account, or any other account, they He is taking it out of school mod- surplus should be invested in quality are very carefully calibrated to provide ernization and construction. education, we don’t need to touch the the appropriate balance. I say to my friend from Vermont, if surplus to meet the goal of fully fund- The construction account is one of you want to rewrite the amendment ing IDEA. There are many savings we the President’s priorities. We have met and take it out of surpluses in the fu- could achieve that could more than pay that, as with class size, subject to the ture, I am with you. for the investment. discretion of the local school boards. If Mr. JEFFORDS. If I may respond. For example, look at Medicare fraud, they make a finding they do not need Mr. HARKIN. Sure. waste and abuse. While we’ve cut it additional buildings or additional Mr. JEFFORDS. I say to the Senator, over the last few years, the HHS IG teachers, they may use it for what they as you know, I have voted that way. In testified before our Subcommittee this choose. It may be that they could use fact, I offered the amendment to the March that last year Medicare made it for the purposes articulated by the budget resolution that would have done $13.5 billion in inappropriate payments. distinguished Senator from Vermont. that. My amendment would have made Eliminating that waste alone would So it is with reluctance that we are op- mandatory money available for IDEA. more than pay for IDEA. Yet, the posing his amendment. And I move to But it was rejected. I agree with my House passed Labor-HHS bill actually table. friend from Iowa that we should dedi- cuts funding for auditors and investiga- Mr. HARKIN. Mr. President, I sug- cate more of the surplus to fully fund- tors. That means we would lose hun- gest the absence of a quorum. ing IDEA. It is the right route, but we dreds of millions more to fraud and The PRESIDING OFFICER. The were turned down by three votes. It abuse. clerk will call the roll. failed. In addition, I’ve introduced The Fis- The assistant legislative clerk pro- Now I am trying to use a different cal Responsibility Act of 1999 to pro- ceeded to call the roll. route. I am interested in offering an mote greater fiscal responsibility in Mr. REID. Mr. President, I ask unan- amendment that I hope will be sup- the Federal government by eliminating imous consent that the order for the ported by a simple majority of this special interest tax loopholes, reducing quorum call be rescinded. body. An amendment which funds edu- corporate welfare, eliminating unnec- The PRESIDING OFFICER. Without cation using the surplus is in violation essary programs, reducing wasteful objection, it is so ordered. of the budget resolution and must be spending, enhancing government effi- AMENDMENT NO. 3645 approved by a sixty vote majority. The ciency and requiring greater account- The PRESIDING OFFICER. There Senate has repeatedly voted to reject ability. This bill would result in sav- are 2 minutes for debate prior to the similar amendments. ings of approximately $20 billion this vote on the Landrieu amendment. This amendment is the one that has year and up to $140 billion over five Who yields time? a chance to succeed in spite of the lim- years. Mr. SPECTER. Mr. President, we itations imposed by the budget resolu- For example, by enhancing the gov- would ask the proponent of the amend- tion. We can take the money from a ernment’s ability to collect defaulted ment to step forward to debate.

VerDate 11-MAY-2000 04:52 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.140 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5993 The PRESIDING OFFICER. The Sen- I thank the Senators for granting the title VI of the bill. It takes money ator from Iowa. time. which is dedicated to school construc- Mr. HARKIN. Mr. President, I move The PRESIDING OFFICER. The Sen- tion and puts it into IDEA and special to table the Landrieu amendment and ator’s 1 minute has expired. education. ask for the yeas and nays. Mr. HARKIN. Mr. President, I move We have over and over again pledged The PRESIDING OFFICER. The mo- to table the amendment and ask for to fully fund up to 40 percent of the tion to table has already been made on the yeas and nays. cost of educating children in special the Landrieu amendment. The PRESIDING OFFICER. Is there a education. We have not done that. All Is there a sufficient second? sufficient second? of you committed to doing that. We There appears to be a sufficient sec- There is a sufficient second. have no comparable historical obliga- ond. The question is on agreeing to the tion to contribute money for school The yeas and nays were ordered. motion to table Landrieu amendment construction. That is an option under The PRESIDING OFFICER. The Sen- No. 3645. The clerk will call the roll. title VI and will remain an option even ator from Iowa. The assistant legislative clerk called if my amendment is approved. We be- Mr. HARKIN. Mr. President, par- the roll. lieve we should fund and pay for our liamentary inquiry: I just moved to Mr. NICKLES. I announce that the current Federal obligations first before table the Landrieu amendment, and Senator from New Hampshire (Mr. we take on new and open ended obliga- the Chair advised me a motion had al- GREGG) is necessarily absent. tions. It is a promise we have all made. Mr. REID. I announce that the Sen- ready been made to table. And I might It is a promise we should keep. ask, by whom was that made? ator from Hawaii (Mr. INOUYE) is nec- essarily absent. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ator from Pennsylvania. The PRESIDING OFFICER (Mr. AL- ator from Pennsylvania, prior to the Mr. SPECTER. Mr. President, I agree quorum call, made a motion to table. LARD). Are there any other Senators in the Chamber desiring to vote? with my distinguished colleague from Mr. HARKIN. I ask the Senator from Vermont that it would be desirable to Pennsylvania, I believe the Senator The result was announced—yeas 75, nays 23, as follows: put more money into the program for from Pennsylvania was moving to table individuals with disabilities. But in the Jeffords amendment and not the [Rollcall Vote No. 158 Leg.] YEAS—75 constructing this bill, we have tried to Landrieu amendment. fashion it in a way that it will be The PRESIDING OFFICER. At 7:45, Abraham Feingold Murray Akaka Fitzgerald Nickles signed by the President. We have put the Landrieu amendment was pending. the money into construction to meet The motion to table was made. Allard Frist Reed Ashcroft Gorton Reid requests with the proviso that if the Mr. HARKIN. I believe the hour of Baucus Gramm Robb local boards do not need it for con- 7:45 had not arrived at that point, and Bennett Grams Roberts struction, or want it, they can use it as that Senator Jeffords had made his re- Bingaman Grassley Rockefeller Bond Hagel Roth they choose. If we had additional funds, marks. I believe the Senator from Boxer Harkin Santorum I would be delighted to acknowledge Pennsylvania was moving to table the Brownback Hatch Sarbanes Senator JEFFORDS’ request. But in its Jeffords amendment. Burns Hollings Schumer present form, we cannot take those Mr. SPECTER. Mr. President, if I Byrd Hutchinson Sessions Campbell Hutchison Shelby funds without increasing the chance of moved to table, I withdraw the motion Chafee, L. Inhofe Smith (NH) a veto. and yield to the Senator from Iowa to Cochran Jeffords Smith (OR) This carefully constructed bill ought make a motion. Collins Johnson Snowe Conrad Kennedy Specter to stand. Therefore, I move to table the The PRESIDING OFFICER. The Sen- Coverdell Kerry Stevens Jeffords amendment, and I ask for the ator from Iowa. Craig Lautenberg Thomas Mr. HARKIN. Mr. President, now I Crapo Levin Thompson yeas and nays. understand the Senator from Louisiana Daschle Lott Thurmond The PRESIDING OFFICER. Is there a Dodd Lugar Voinovich sufficient second? is here, and she wants a minute. I will Domenici Mack Warner make my motion to table after her Dorgan Mikulski Wellstone There is a sufficient second. minute. Enzi Murkowski Wyden The question is on agreeing to the The PRESIDING OFFICER. The Sen- NAYS—23 motion to table amendment No. 3655. ator from Louisiana. Bayh Edwards Leahy The clerk will call the roll. Ms. LANDRIEU. Mr. President, I was Biden Feinstein Lieberman The legislative clerk called the roll. under the impression that perhaps the Breaux Graham Lincoln Mr. NICKLES. I announce that the Bryan Helms McCain other amendment would go first on the Bunning Kerrey McConnell Senator from New Hampshire (Mr. vote, but I thank my colleagues for Cleland Kohl Moynihan GREGG) is necessarily absent. giving me a moment to get here. DeWine Kyl Torricelli Mr. REID. I announce that the Sen- Durbin Landrieu I want to object, of course, to the ta- ator from Hawaii (Mr. INOUYE) is nec- bling of this amendment. As I described NOT VOTING—2 essarily absent. earlier, I believe very strongly, as do Gregg Inouye The PRESIDING OFFICER. Are there some others, that this money should be The motion was agreed to. any other Senators in the Chamber better targeted. That is what this Mr. LOTT. Mr. President, I move to who desire to vote? amendment does. It does not add new reconsider the vote. The result was announced—yeas 51, money to this bill. It simply says, of Mr. COVERDELL. I move to lay that nays 47, as follows: the money that we are going to spend— motion on the table. [Rollcall Vote No. 159 Leg.] whether it is a 20-percent increase that The motion to lay on the table was YEAS—51 Senator GRAMM earlier spoke about, or agreed to. Akaka Feingold Mikulski an 8-percent increase—whatever the in- AMENDMENT NO. 3655 Baucus Feinstein Moynihan crease, if we are going to increase fund- The PRESIDING OFFICER. There Bayh Gorton Murray ing in this bill, the money should go to are now 2 minutes for debate on the Bennett Graham Reed help the poorer children first, the com- Biden Harkin Reid Jeffords amendment. Bingaman Hatch Robb munities around this Nation that need The Senator from Iowa requested Boxer Hollings Rockefeller the most help, whether they be in rural order in the Chamber. We need order in Breaux Johnson Roth areas or urban areas. the Chamber. We will withhold busi- Bryan Kennedy Sarbanes Byrd Kerrey Schumer Every State will gain. Every State ness until there is order in the Cham- Cleland Kerry Specter will leave with additional money for ber. Conrad Kohl Stevens title I. The States that need the most Who seeks recognition? Daschle Landrieu Thompson help will get that help. That is simply The Senator from Vermont. Dodd Lautenberg Torricelli Dorgan Levin Warner what this amendment does. I object to Mr. JEFFORDS. Mr. President, this Durbin Lieberman Wellstone the tabling. is the Jeffords amendment relating to Edwards Lincoln Wyden

VerDate 11-MAY-2000 05:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.148 pfrm01 PsN: S28PT1 S5994 CONGRESSIONAL RECORD — SENATE June 28, 2000 NAYS—47 The PRESIDING OFFICER. Fol- mous consent that the Senate turn to Abraham Enzi Mack lowing final passage of the bill tomor- the Frist amendment immediately fol- Allard Fitzgerald McCain row, the amendment will be with- lowing the debate on H.R. 4762, and the Ashcroft Frist McConnell Bond Gramm Murkowski drawn. vote occur in a stacked sequence begin- Brownback Grams Nickles Mr. WARNER. And that bill being? ning at 9:40 a.m. under the same terms Bunning Grassley Roberts The PRESIDING OFFICER. H.R. 4762. as outlined for H.R. 4762. Burns Hagel Santorum Mr. WARNER. That clarifies it. I The PRESIDING OFFICER. Is there Campbell Helms Sessions Chafee, L. Hutchinson Shelby thank the leadership on both sides of objection? Cochran Hutchison Smith (NH) the aisle. Mr. HARKIN. Reserving the right to Collins Inhofe Smith (OR) The PRESIDING OFFICER. Is there object, we have not seen a copy of the Coverdell Jeffords Snowe objection? Frist amendment yet. I want to have it Craig Kyl Thomas Crapo Leahy Thurmond Mr. WARNER. If I might just con- described or see a copy so we know to DeWine Lott Voinovich tinue, I have consulted with the major- what we are agreeing. I do not think Domenici Lugar ity leader, and it is hoped at a subse- that is an unreasonable request. NOT VOTING—2 quent time we can clarify when the De- Mr. COVERDELL. I am sorry, I Gregg Inouye partment of Defense bill can be thought the conference on this side was The motion was agreed to. brought up because I know the distin- over the Frist amendment. Mr. COVERDELL. Mr. President, I guished Democratic whip, who has Mr. HARKIN. I heard conflicting move to reconsider the vote. helped tremendously on this bill, as things about it, and I want to see how Mr. HARKIN. I move to lay that mo- have others, is anxious to see this De- it is written. tion on the table. fense authorization bill move forward; Mr. COVERDELL. Do we have a copy The motion to lay on the table was am I not correct, I say to Senator at the desk? agreed to. REID? Mr. HARKIN. Just let us see it. I The PRESIDING OFFICER. The Sen- Mr. REID. I say to my friend from have no objection. ator from Georgia. Virginia, I have spoken with the co- Mr. COVERDELL. I propound the f manager of the bill, Senator LEVIN, and unanimous consent I just read. we are anxious to get to this bill. We Mr. REID. Reserving the right to ob- UNANIMOUS CONSENT have a defined number of amendments. ject, Mr. President, I ask the unani- AGREEMENT—H.R. 4762 We have spoken to proponents of the mous consent request be amended so Mr. COVERDELL. Mr. President, I amendments. I think it is something that after the disposition of the Frist ask unanimous consent that when the we can dispose of within a few hours. amendment, Senator DASCHLE be al- Senate receives from the House the Mr. WARNER. Good. That is inter- lowed to offer an amendment; fol- campaign disclosure bill, it be imme- esting. I see my distinguished ranking lowing the disposition of that, the Re- diately placed on the calendar. I fur- member. publicans will offer an amendment; and ther ask unanimous consent that it be- Mr. REID. I did not see Senator following that, Senator DORGAN will come the pending business after the LEVIN. I am very sorry. offer an amendment. final vote this evening—just con- Mr. LEVIN. If the Senator will yield, Mr. COVERDELL. I amend it so that cluded—and that it be considered under I agree with our whip. It is our inten- the Republican amendment will be the the following agreement: 30 minutes tion to, No. 1, limit amendments to rel- Ashcroft amendment. for total debate on the bill to be equal- evant amendments, if we can, and, No. The PRESIDING OFFICER. Is there ly divided in the usual form; that no 2, begin to work through those amend- objection? amendments be in order; that following ments and eliminate as many as pos- Mr. HARKIN. Inquiry: We are asking the disposition of the time, the bill be sible that do not need to be offered, unanimous consent that following the automatically advanced to third read- modifying some, agreeing to some, and, Frist amendment, Senator DASCHLE be ing and passage occur, all without any if necessary, obviously voting on some. recognized for an amendment, Senator intervening action or debate, with the We will be working very hard with our ASHCROFT be recognized for an amend- vote occurring on passage at 9:40 a.m. good friend, the chairman of our com- ment, and then Senator DORGAN be rec- on Thursday, with 7 minutes for clos- mittee, to proceed through the bill as ognized for an amendment? ing remarks prior to the vote, with 5 of soon as it is before the Senate, and the The PRESIDING OFFICER. Fol- those minutes under the control of moment it is, we think we can make lowing disposition of the Frist amend- Senator MCCAIN. Finally, I ask unani- some real progress. ment. mous consent that following the pas- Mr. WARNER. Mr. President, I thank Mr. HARKIN. Yes. sage of the bill, the action on the my distinguished colleagues. I hope The PRESIDING OFFICER. Is there McCain amendment No. 3214 be vitiated germaneness will prevail as to the objection? and the amendment then be with- amendments that come up on this bill. Without objection, it is so ordered. drawn. Mr. MCCAIN. I ask for the regular f The PRESIDING OFFICER. Is there order. INTERNAL REVENUE CODE OF 1986 The PRESIDING OFFICER. The reg- objection? AMENDMENT Mr. WARNER. Reserving the right to ular order has been requested. Is there object, and I do not intend to object, I objection? The PRESIDING OFFICER. Under first say to my distinguished colleague Mr. WARNER. There is no objection. the previous order, the clerk will re- and friend of almost a quarter of a cen- The PRESIDING OFFICER. Without port the bill by title. tury, JOHN MCCAIN, I judge this action objection, it is so ordered. The assistant legislative clerk read will enable the defense bill then to no f as follows: longer have this amendment, and at A bill (H.R. 4762) to amend the Internal THE DEPARTMENTS OF LABOR, what point will that occur? Revenue Code of 1986 to require 527 organiza- HEALTH AND HUMAN SERVICES, Mr. COVERDELL. That needs to be tions to disclose their political activities. AND EDUCATION AND RELATED addressed to the Parliamentarian. The Senate proceeded to consider the AGENCIES APPROPRIATIONS, Mr. MCCAIN. Immediately following bill. the vote. 2001—Continued The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Mr. COVERDELL. Mr. President, I ator from Wisconsin. amendment will be withdrawn fol- ask unanimous consent that the pend- Mr. FEINGOLD. Mr. President, I am lowing passage of the bill tomorrow. ing motion to waive be laid aside and extremely pleased we have reached an Mr. WARNER. I want to make cer- Senator FRIST be recognized to offer agreement to consider and almost cer- tain I hear. The Chair and the distin- his amendment regarding education tainly pass H.R. 4762, which passed the guished Senator from Arizona were and that no second-degree amendments House last night by an overwhelming speaking at the same time. Can it be be in order prior to the vote in relation vote of 385–39. Tomorrow will be a his- repeated? to the amendment. I further ask unani- toric day. For the first time since 1979,

VerDate 11-MAY-2000 04:52 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.058 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5995 the Congress is going to pass a cam- publicly disclose their existence—these how we view a message. In the case of paign finance reform bill. The bill we groups gain both the public subsidy of a campaign, an ad or piece of direct are going to pass is by no means a solu- tax exemption and the ability to shield mail attacking one candidate or tion to all the problems of our cam- from the American public the identity lauding another carries a lot more paign finance system, but it is a start— of those spending their money to try to weight when it is run or sent by a and an important start—because it will influence our elections. Indeed, accord- group called ‘‘Citizens for Good Gov- close the loophole that was opened at ing to news reports, newly formed 527 ernment’’ or ‘‘Committee for our Chil- the intersection of the tax laws and organizations pushing the agenda of dren’’ than when a candidate, party or election laws that allows unlimited political parties are using the ability someone with a financial stake in the amounts of completely secret contribu- to mask the identities of their contrib- election publicly acknowledges spon- tions to flow into our campaign finance utors as a means of courting wealthy sorship of the ad or mailing. Without a system and influence our elections. donors seeking anonymity in their ef- rule requiring a group involved in elec- I yield 3 minutes to the initial leader forts to influence our elections. tions to disclose who is behind it and on this issue, the Senator from Con- Because section 527 organizations are where the group gets its money, the necticut, Mr. LIEBERMAN. not required to publicly disclose their public is deprived of vital information The PRESIDING OFFICER. The Sen- existence, it is impossible to know the that allows it to judge the group’s ator from Connecticut. precise scope of this problem. The credibility and its message, throwing Mr. LIEBERMAN. I thank the Chair, IRS’s private letter rulings, though, into doubt the very integrity of our and I thank my friend from Wisconsin. make clear that organizations intent elections. With this incredibly power- Mr. President, I rise to express my on running what they call issue ad ful tool in their hands, can anyone strong support for this bill, which con- campaigns and engaging in other elec- doubt that come November, we will see tains nearly identical language to a tion-related activity are free to assert more and more candidates, parties and bill I introduced earlier this session Section 527 status, and news reports groups with financial interests in the and to an amendment Senators provide specific examples of groups outcome of our elections taking advan- MCCAIN, FEINGOLD, and I sponsored to taking advantage of these rulings. Roll tage of the 527 loophole to run more the Defense authorization bill. This bill Call reported the early signs of this and more attack ads and issue more deals with the proliferation of so-called phenomenon in late 1997, when it pub- and more negative mailings in the stealth PACs operating under section lished an article on the decision of name of groups with innocuous-sound- 527 of the Tax Code. These groups ex- Citizens for Reform and Citizens for ing names? ploit a recently discovered loophole in the Republic Education Fund, two The risk posed by the 527 loophole the tax code that allows organizations Triad Management Services organiza- goes even farther than depriving the seeking to influence federal elections tions that ran $2 million issue ad cam- American people of critical informa- to fund their election work with undis- paigns during the 1996 elections, to tion. I believe that it threatens the closed and unlimited contributions at switch from 501(c)(4) status, which im- very heart of our democratic political the same time as they claim exemption poses limits on a group’s political ac- process. Allowing these groups to oper- from both Federal taxation and the tivity, to 527 status after the 1996 cam- ate in the shadows pose a real risk of Federal election laws. paigns. A more recent Roll Call report corruption and makes it difficult for us Section 527 of the Tax Code offers tax recounted the efforts of a team of GOP to vigilantly guard against that risk. exemption to organizations primarily lawyers and consultants to shop an or- The press has reported that a growing involved in election-related activities, ganization called Citizens for the Re- number of 527 groups have connections like campaign committees, party com- publican Congress to donors as a way to—or even have been set up by—can- mittees and PACs. It defines the type to bankroll up to $35 million in pro-Re- didates and elected officials. Allowing of organization it covers as one whose publican issue ads in the 30 most com- wealthy individuals to give to these function is, among other things, ‘‘influ- petitive House races. And Common groups—and allowing elected officials encing or attempting to influence the Cause’s recent report Under The Radar: to solicit money for these groups— selection, nomination, election, or ap- The Attack of The ‘‘Stealth PACs’’ On without ever having to disclose their pointment of any individual to any Our Nation’s Elections offers details on dealings to the public, at a minimum, Federal, State, or local public office. 527 groups set up by politicians, Con- leads to an appearance of corruption . . .’’ Because the Federal Election gressmen J.C. WATTS and TOM DELAY and sets the conditions that would Campaign Act, (FECA) uses near iden- industry groups; the pharmaceutical allow actual corruption to thrive. If tical language to define the entities it industry-funded Citizens for Better politicians are allowed to continue se- regulates—organizations that spend or Medicare; and ideological groups from cretly seeking money—particularly receive money ‘‘for the purpose of in- all sides of the political spectrum, the sums of money that exceed what the fluencing any election for Federal of- Wyly Brothers’ Republicans for Clean average American makes in a year— fice’’—section 527 formerly had been Air, Ben & Jerry’s Business Leaders for there is no telling what will be asked generally understood to apply only to Sensible Priorities and a 527 set up by for in return. those organizations that register as po- the Sierra Club. The advantages con- The bill we are addressing today litical committees under, and comply ferred by assuming the 527 form—the gives us hope for forestalling the con- with, FECA, unless they focus on State anonymity provided to both the orga- version of yet another loophole into or local activities or do not meet cer- nization and its donors, the ability to yet another sinkhole for the integrity tain other specific FECA requirements. engage in unlimited political activity of our elections. The bill aims at forc- Nevertheless, a number of groups en- without losing tax-exempt status, and ing section 527 organizations to emerge gaged in what they term issue advo- the exemption from the gift tax im- from the shadows and let the public cacy campaigns and other election-re- posed on very large donors—leave no know who they are, where they get lated activity recently began arguing doubt that these groups will proliferate their money and how they spend it. that the near identical language of as the November election approaches. The bill would require 527 organiza- FECA and section 527 actually mean None of us should doubt that the pro- tions to disclose their existence to the two different things. In their view, liferation of these groups—with their IRS, to file publicly available tax re- they can gain freedom from taxation potential to serve as secret slush funds turns and to file with the IRS and by claiming that they are seeking to for candidates and parties, their ability make public reports specifying annual influence the election of individuals to to run difficult-to-trace attack ads, expenditures of at least $500 and identi- Federal office, but may evade regula- and their promise of anonymity to fying those who contribute at least $200 tion under FECA, by asserting that those seeking to spend huge amounts annually to the organization. Although they are not seeking to influence an of money to influence our elections— this won’t solve the whole problem, at election for Federal office. As a re- poses a real and significant threat to least it will make sure that no group sult—because, unlike other tax-exempt the integrity and fairness of our elec- can hide in the shadows as it spends groups like 501(c)(3)s and (c)(4)s, sec- tions. We all know that the identity of millions to influence the way we vote tion 527 groups do not even have to the messenger has a lot of influence on and who we choose to run this country.

VerDate 11-MAY-2000 04:52 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.153 pfrm01 PsN: S28PT1 S5996 CONGRESSIONAL RECORD — SENATE June 28, 2000 Opponents of this legislation claim nizations, plain and simple. You can’t ing anything. Yet we know that unlim- that our proposal infringes on their say the same about the AFL–CIO or the ited contributions have been given by First Amendment rights to free speech Chamber of Commerce, or Handgun individuals, corporations, and unions, and association. Nothing in our bills Control or the NRA, whose primary but at least that soft money, if anyone infringes on those cherished freedoms purpose is to advocate a policy position can say anything for it, is fully dis- in the slightest bit. To begin with, the or to represent specific constituencies. closed. Supreme Court in Buckley versus So I say to anyone who claims these In this cycle, we have seen increasing Valeo made absolutely clear that Con- groups are just like other tax-exempts, use of the most egregious violation of gress may require organizations whose ‘‘Read the tax code.’’ the clear intention of our campaign fi- major purpose is to elect candidates to Just as importantly, there is a great- nance laws: So-called 527 organizations disclose information about their donors er need for improved disclosure by 527 that not only invite unlimited con- and expenditures. organizations than there is for disclo- tributions from corporations, unions, Even without that opinion, the con- sure by other tax exempts. When the and individuals, but keep them a se- stitutionality of this bill would be AFL or the Chamber of Commerce runs cret. clear for an entirely different reason. an ad, we know exactly who is behind Finally, we have come to a point in And that is that this bill does not pro- it and where their money came from: the abuse of our campaign finance laws hibit anyone from speaking, nor does it union member dues in the case of the that Members can no longer defend the force any group that does not currently AFL, and business member dues in the indefensible. This is a victory for com- have to comply with FECA or disclose case of the Chamber. These groups pro- mon sense, for our democracy, for the information about itself to do either of vide the basic information the public public’s right to know. It has value in those things. Instead, the bill speaks needs to evaluate the motivation of the itself. But I hope it will also be a turn- only to what a group must do if it messenger. The absolute opposite is the ing point that will lead us to further wants the public subsidy of tax exemp- case with 527s. The public can’t know reform of our campaign finance laws. tion—something the Supreme Court what hidden agenda may lie behind the I will say this: In the battle that has has made clear no one has a constitu- message because so many 527s have un- brought us to the eve of this victory— tional right to have. As the Court ex- identifiable names and are funded by that we will enjoy tomorrow, I am con- plained in Regan versus Taxation with sources no one knows anything about. fident—we have put together a broad Representation of Washington, 461 U.S. In the best of all possible worlds, all bipartisan, bicameral group committed 540, 544, 545, 549 (1983), ‘‘[b]oth tax ex- money supporting election-related ac- to cleaning up our election laws, our emptions and tax-deductibility are a tivity would be disclosed. But we campaign finance laws. form of subsidy that is administered should not allow our inability to I hope and believe the debate tonight through the tax system,’’ and ‘‘Con- achieve that goal now to stand in the and the vote tomorrow are the begin- gressional selection of particular enti- way of closing the most egregious ning of finally returning some limita- ties or persons for entitlement to this abuse of our hard-won campaign laws tion, some sanity, some disclosure, sort of largesse is obviously a matter of that we have seen during this election some public confidence to our cam- policy and discretion . . .’’ Under this cycle. We all agree the American peo- paign finance laws. bill, any group not wanting to disclose ple have an absolute right to know the I thank the Chair and thank the lead- information about itself or abide by identity of those trying to influence ers in this effort—Senator MCCAIN and the election laws would be able to con- their vote. So why let another day go Senator FEINGOLD—and am proud to tinue doing whatever it is doing now— by allowing these self-proclaimed elec- walk behind them in this. it would just have to do so without the tion groups to operate in the shadows. Mr. President, I yield the floor. public subsidy of tax exemption con- Let’s work together, across party lines, The PRESIDING OFFICER. The Sen- ferred by section 527. to close the 527 loophole. ator from Wisconsin. Let me address one final issue: that We have become so used to our cam- Mr. FEINGOLD. I am delighted to it is somehow wrong to apply this bill paign finance system’s long, slow de- yield 4 minutes to our fearless leader to 527s but not to other tax exempt scent into the muck that it sometimes on this issue, the Senator from Ari- groups. I believe deeply in the cleans- is hard to ignite the kind of outrage zona. ing tide of disclosure, whether the con- that should result when a new loophole The PRESIDING OFFICER. The Sen- tributing organization involved is a starts to shred the spirit of yet another ator from Arizona. labor union, a business association, a law aimed at protecting the integrity Mr. MCCAIN. I thank my friend from for-profit company or a tax-exempt or- of our system, but this new 527 loop- Wisconsin. ganization. For that reason, I worked hole should outrage us, and we must Mr. President, I am pleased that we hard with a bipartisan bicameral group act to stop it. On June 8, a bipartisan are about to pass and send to the Presi- of reformers to come up with a fair pro- majority of the Senate said that we dent the first piece of campaign fi- posal requiring across the board disclo- stand ready to do so when we adopted nance legislation in 21 long years. This sure from all organizations that engage nearly this precise language as an bill is simple, just, and the right thing in election activity. I thought we had a amendment to the Defense authoriza- to do in order to ensure that our elec- good proposal, but we were unable to tion bill. An overwhelming majority of toral system is not further debased. get enough support for it to see it pass the House of Representatives did the My friend from Wisconsin and my the House at this time. We should con- same when it passed this bill on June friend from Connecticut have described tinue to work to enact such disclosure, 28. We cannot retreat from what we the details of the bill. I just want to but we cannot let that goal stand in have already said we are ready to do. point out again that making these re- the way of passing this urgently needed We must pass this bill now. quirements a contingency for certain legislation now, because there are real I am thrilled to support this bill. I tax credit status ensures that these re- differences between 527 organizations pay appropriate tributes to Senators quirements are clearly constitutional. and other tax exempts, and these dif- MCCAIN and FEINGOLD for their prin- The Constitution guarantees freedom ferences justify closing the loophole, cipled and persistent leadership of this of speech and association, not an enti- even if we can’t enact broader reform. movement to bring some sanity, open- tlement to tax-exempt status. Further, First and foremost, section 527 orga- ness, limits, and control back to our because of the simplicity of this ap- nizations are different because they are campaign finance laws. I have been proach, no vagueness problems will the only tax-exempts that exist pri- honored to work with them in the front arise and compliance will be easy. marily to influence elections. That is lines of this effort. What could be more American? What not my characterization. That is the This is a turning point. The cam- could be more democratic? statutory definition. 527s are not lob- paign finance laws of America adopted Before I go further, I want to take a bying organizations. They are not pub- after Watergate say very clearly that moment to thank my colleagues in lic-interest issue organizations. They individuals cannot give more than arms who fought so hard to bring this are not labor organizations or business $2,000 to a campaign. Corporations and issue forward. I thank Senator SNOWE organizations. They are election orga- unions are prohibited by law from giv- and Senator LEVIN for their hard work.

VerDate 11-MAY-2000 05:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.062 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5997 I thank my colleagues from the House: It is an ongoing struggle. It can only court decisions striking down this type Congressmen CHRIS SHAYS, MARTY be said to be successful when the soft of regulation over the past quarter cen- MEEHAN, MIKE CASTLE, LINDSEY money loophole is closed, and when the tury. GRAHAM, AMO HOUGHTON, and others. 527 loophole is not just brought out Mr. President, I ask unanimous con- Without their courage to stand up and into the sunshine but, hopefully, when sent that the material be printed in the demand to do what is right, we would it shrivels away and is closed because RECORD. not be here tonight and on the verge of the public wants the restoration of lim- There being no objection, the mate- the vote tomorrow. its on campaign contributions. They rial was ordered to be printed in the I especially thank Senators FEINGOLD want them disclosed, but they want RECORD, as follows: and LIEBERMAN. Senator LIEBERMAN them limited. AMERICAN CIVIL LIBERTIES UNION, was the author of legislation man- We have taken the important step of Washington, DC, June 8, 2000. dating 527 disclosure. It was his bill disclosure relative to one of those loop- DEAR SENATOR: I am writing to commu- that served as the basis for this debate. holes, and for that we have to thank nicate the American Civil Liberties Union’s opposition to the McCain Amendment No. Senators MCCAIN, FEINGOLD, and And, of course, I must again thank 3214 concerning disclosure by organizations Senator FEINGOLD for all the courage LIEBERMAN. I very much express the covered by Section 527 of the Internal Rev- he has shown in fighting for reform at gratitude of a bipartisan coalition to enue Code. any cost. I sincerely appreciate his ef- all of them. The American Civil Liberties Union sup- forts. The PRESIDING OFFICER. The Sen- ports certain methods of disclosure for tax Just yesterday, the House of Rep- ator’s time has expired. exempt issue organizations and for organiza- resentatives overwhelmingly voted in The Senator from Kentucky. tions that engage in express advocacy. How- favor of this modest reform by a vote Mr. MCCONNELL. Mr. President, I ever, different methods of disclosure are ap- would like to make just a few com- propriate for express advocacy groups that of 385–39. I hope the Senate vote will be are not appropriate for groups that engage in equally overwhelming. ments about the legislation that is be- issue advocacy. It is appropriate to require a Would I have liked to accomplish fore the Senate. 527 group to provide the Internal Revenue more? Absolutely. Will I continue the First, everyone in the Senate sup- Service (IRS) with the name and address of fight, along with my good friend from ports disclosure by any group that: the organization, the purpose of the organi- Wisconsin, to enact more sweeping re- contributes to a federal candidate, or zation and other information that is now re- form? I absolutely promise to do so. expressly advocates the election or de- quired of other issue advocacy organizations Will we continue to do whatever is nec- feat of a federal candidate. And, I such as 501(c)(4)s, 501(c)(3)s and 501(c)(5)s. might add that currently every organi- However, it is certainly inappropriate and essary to restore the public’s con- unconstitutional to require issue organiza- fidence in an electoral system per- zation set up under section 527 of the tions to report donor lists and membership ceived by many, if not most, to be cor- Internal Revenue Code that contrib- lists to the IRS, as they would be required to rupt? You can be assured of it. utes to federal candidates, or expressly do under the McCain Amendment. This is But tomorrow—I say to all those advocates the election or defeat of a not about protecting secrecy, this is about across this great land who want re- federal candidate does, in fact, publicly preserving the rights of all people to express form—will be a great first step. It will, disclose their contributions and ex- their opinions on issues without requiring indeed, be a great day for democracy penditures. them to report to the government in order to do so. By participating in groups that ele- and a government accountable to the So, let’s be clear: nearly every 527 or- ganization in America publicly dis- vate a particular issue, citizens are exer- governed. cising their much cherished free speech I yield the floor. closes its donors and its expenditures. rights. It would greatly chill free expression The PRESIDING OFFICER. The Sen- Second, the narrow legislation before if the IRS or the Federal Election Commis- ator from Wisconsin. this body would target a handful of sion (FEC) required donor lists of groups Mr. FEINGOLD. Mr. President, I tax-exempt organizations established that represent unpopular viewpoints, minor- yield 2 minutes of our time to the under section 527 of the tax code that ity viewpoints or views that are highly crit- other co-initiator of this issue, Senator do not make contributions to can- ical of government policies. LEVIN. didates, or engage in express advocacy, THIS IS NOT A NEW ISSUE The PRESIDING OFFICER. The Sen- and thus, are not required to publicly Three years after it passed the Federal ator from Michigan. disclose contributors or expenditures. Election Campaign Act of 1971, Congress Mr. LEVIN. Mr. President, first, I Although these 527 groups are small amended the Act to require the disclosure to commend the real leaders in this ef- and few, the constitutional questions the Federal Election Commission of any are real. The caselaw demonstrates group or individual engaged in: any act di- fort, Senators MCCAIN and FEINGOLD. rected to the public for the purpose of influ- They have been extraordinary in their that there are serious questions as to encing the outcome of an election, or . . . tenacity. We look forward to their con- whether the government can require [who] publishes or broadcasts to the public tinuing tenacity to close two egregious public donor disclosure of groups that any material referring to a candidate (by loopholes—the one we are closing are not engaging in express advocacy. name, description, or other reference . . . through this bill, and the other one is In fact, the Supreme Court has rejected setting forth the candidate’s position on any the soft money loophole. public disclosure of membership lists public issue, [the candidate’s] voting record, or other official acts . . . or [is] otherwise I thank Senator LIEBERMAN for his and contributors to issue groups as a leadership in terms of the 527 loophole violation of the First Amendment in designed to influence individuals to cast their votes for or against such candidates or itself. We are about to take a step on a landmark cases like Buckley v. Valeo, to withhold their votes from such can- long journey. It is a journey to bring 424 U.S. 1, 80 (1976) and NAACP v. Ala- didates. back some limits on campaign con- bama, 357 U.S. 449, 462 (1958). And, less Such issue advocacy groups would have tributions. Those limits have been de- than two weeks ago, yet another fed- been required to disclose to the FEC in the stroyed by two loopholes: The soft eral court—the United States Court of same manner as a political committee or money loophole and the so-called 527 Appeals for the Second Circuit—struck PAC. They would have to make available loophole. down an attempt to regulate groups every source of funds that were used in ac- complishing such acts. This unconstitutional We are about to shed some light, that do not engage in express advo- regulatory scheme is the template for the pour some sunshine on the 527 loop- cacy. I would like to have two items McCain amendment now before you. hole. And the public will respond, I be- printed in the RECORD that explain in The ACLU challenged this provision of the lieve, when they see just how egregious detail the constitutional concerns with 1974 amendments as part of the Buckley v. this loophole is. When the disclosure this legislation. The first item is a let- Valeo case. When the challenge came before required by this bill becomes law—as it ter from the American Civil Liberties the US Court of Appeals for the DC Circuit, will—the public will respond to the un- Union, and the second item is testi- the law was unanimously struck down be- limited contributions which are also mony by election law expert, James cause it was vague and imposed an undue burden on groups engaged in activity that is, hidden. That disclosure, I believe, will Bopp, Jr., of the James Madison Center and should be, protected by the First Amend- lead to the closure of this loophole. for Free Speech. Mr. Bopp’s testimony ment. The DC Circuit Court ruling stated: to And for that, we commend the leaders from a Senate Rules Committee hear- be sure, any discussion of important public in this effort. ing this year cites a long string of questions can possibly expert some influence

VerDate 11-MAY-2000 04:52 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.155 pfrm01 PsN: S28PT1 S5998 CONGRESSIONAL RECORD — SENATE June 28, 2000 on the outcome of an election . . . But unlike letter rulings which provide an indication of However, H.R. 4168 would treat them as if contributions and expenditures made solely what constitutes evidence of political inter- they engaged in such activities and require with a view to influencing the nomination or vention for purposes of § 527. Activities that them to register as PACs under the FECA. election of a candidate, issue discussions are intended to influence, or attempt to in- However, the Supreme Court has made it unwedded to the cause of a particular can- fluence, the election of individuals to public clear that an organization cannot be treated didate hardly threaten the purity of the elec- office may include encouraging support as a PAC because it engages in issue advo- tions. Moreover, and very importantly, such among the general public for certain issues, cacy—which was one of the purposes of the discussions are vital and indispensable to a policies and programs being advocated by express advocacy test in the first place. The free society and an informed electorate. candidates and Members of Congress. Supreme Court, in one of its most oft-quoted Thus the interest group engaging in non- Thus, the IRS has found that expenditures footnotes, has provided an illustrative list of partisan discussions ascends to a high plane, for issue advocacy could qualify as interven- which terms could be ‘‘express words of advo- while the governmental interest in disclo- tion in a political campaign within the cacy:’’ ‘‘vote for,’ ‘elect,’ ‘support,’ ‘cast sure correspondingly diminishes. meaning of § 527(e)(2). Moreover, the distinc- your ballot for,’ ‘Smith for Congress,’ ‘vote Because of the Court’s unanimous and un- tion between issue advocacy activities that against,’ ‘defeat,’ ‘reject.’ ’’ Since the Court’s ambiguous ruling, the FEC did not even at- were educational within the meaning of § ruling in Buckley, district and federal courts tempt to appeal this aspect of the courts rul- 501(c)(3) and issue advocacy activities that of appeal have followed this strict interpre- ing concerning issue group regulation disclo- were not educational and therefore qualified tation of the express advocacy test and have sure, and that defective section of the Act as § 527(e)(2) expenditures intended to influ- struck down any state or federal regulation was allowed to die. ence the outcome of elections, was not based purporting to regulate based on intent or The ACLU urges members of the Senate to on major differences in the nature of conduct purpose to influence an election. These vote against Amendment No. 3214, the of the activities. The IRS instead pointed to courts have unanimously required express McCain Amendment on 527 group disclosure. the targeting of the activities to particular words of advocacy in the communication Sincerly, areas, the timing of them to coincide with itself before government may regulate such LAURA W. MURPHY, the election, and the selection of issues speech. Director. based on an agenda. As will be discussed in a Furthermore, the organizations ‘‘major TESTIMONY OF JAMES BOPP, JR., APRIL 26, moment, these factors have been rejected by purpose’’ must be making contributions and express advocacy communications to be 2000, SENATE RULES COMMITTEE the courts as irrelevant to any determina- tion of whether an organization’s speech, re- treated as a PAC. The FECA defines a ‘‘polit- THE REFORMERS’ ATTACK ON ISSUE ADVOCACY gardless of its tax status, is express advo- ical committee’’ as ‘‘any committee, club, HAS ANOTHER FRONT—SECTION 527 OF THE IN- cacy. association, or other group of persons which TERNAL REVENUE CODE In a recent private letter ruling to an orga- receives contributions aggregating in excess There is another bill that I want to discuss nization under § 527, made public on June 25, of $1,000 during a calendar year or which today that is also part of the unrelenting at- 1999, the IRS determined that a wide range of makes expenditures aggregating in excess of tack on citizens’ ability to participate in programs qualified as ‘‘exempt functions’’ $1,000 during a calendar year. In Buckley, the public discourse. Not content with a frontal for a § 527 political organization. The IRS U.S. Supreme Court narrowly construed this assault through the FECA, reformers have found a political nexus even though some of definition, holding that under the FECA’s turned their attention to the Internal Rev- the materials to be distributed, and tech- definition of political committee, an entity enue Code. HR 4168 proposes to amend the In- niques to be used, resembled issue advocacy is a political committee only if its major ternal Revenue Code of 1986 to require that and other materials and techniques often purpose is the nomination or election of a federal election rules apply to groups formed used in the past by charitable organizations candidate. under § 527 of the Internal Revenue Code. without violating section 501(c)(3) of the In- An organization’s ‘‘major purpose’’ may be Before I talk about the specific effects of ternal Revenue Code. However, because the evidenced by its public statements of its pur- House Resolution 4168, some clarifying back- materials and techniques were designed to pose or by other means, such as its expendi- ground information about § 527 and the FECA serve a primarily political purpose and tures in cash or in kind to or for the benefit is necessary. Section 527 was added to the In- would be inextricably linked to the political of a particular candidate or candidates. Even ternal Revenue Code in 1974 to resolve long- process, the political nexus was substan- if the organization’s major purpose is the standing issues relating to inclusion of polit- tiated. election of a federal candidate(s), the organi- ical contributions in the gross income of Of particular interest is the IRS’s conclu- zation does not become a political com- candidates. Drafters were concerned that sion that voter education, which may in- mittee unless or until it makes expenditures candidates would use their campaign com- clude dissemination of voter guides and vot- in cash or in kind to support a person who mittees to earn investment income free of ing records, grass roots lobbying messages, has decided to become a candidate for federal tax, and so a tax on investment earnings be- telephone banks, public meetings, rallies, office. came the major limitation on the exemption media events, and other forms of direct con- Recently, the Fourth Circuit found a defi- available under § 527. tact with the public, can be apolitical inter- nition of ‘‘political committee,’’ that in- Section 527 of the Internal Revenue Code vention when it links issues with candidates. cluded both entities that have as a primary provides an exemption from corporate in- Whether an organization is participating or or incidental purpose engaging in express ad- come taxes for political organizations that intervening, directly or indirectly, in a polit- vocacy, and those that merely wish to influ- are organized primarily to intervene in polit- ical campaign, however, depends, in the view ence an election (engage in issue advocacy), ical campaigns. Thus, to qualify for the tax of the IRS, upon all of the facts and cir- as being overbroad and unconstitutional. exemption, the organization must be a ‘‘po- cumstances. Thus, while voter education The court found that the definition of ‘‘polit- litical organization’’ that meets both the or- may be both factual and educational, the se- ical committee’’ could not encompass groups ganizational and operational tests under lective content of the material, and the man- that engage only in issue advocacy and § 527. ner in which it is presented, is intended to groups that only incidentally engage in ex- A ‘‘political organization’’ is a party, com- influence voters to consider particular issues press advocacy. mittee, association, fund, or other organiza- when casting their ballots. This intent was Thus, only an organization that engages tion organized primarily for the purpose of seen by the evident bias on the issues, the se- primarily in excess advocacy triggers FECA directly or indirectly accepting contribu- lection of issues, the language used in char- reporting and disclosure requirements. Issue tions or making expenditures for an exempt acterizing the issues, and in the format. The advocacy in the context of electoral politics function activity. Section 527(e)(1) of the targeting and timing of the distribution was does not cause an organization to be deemed Code defines the term ‘‘exempt function’’ to aimed at influencing the public’s judgment a political committee. Merely attempting to mean, in relevant part, the function of influ- about the positions of candidates on issues influence the result of an election is not encing or attempting to influence the selec- at the heart of the organization’s legislative enough. This classic form of issue advocacy, tion, nomination, election, or appointment agenda. These activities are partisan in the influencing an election without express of any individual to any Federal, State, or sense that they are intended to increase the words of advocacy, does not cause an entity local public office or office in a political or- election prospects of certain candidates and, to be subject to the reporting and disclosure ganization, or the election of Presidential or therefore, would appear to qualify under requirements of political committees under Vice-Presidential electors, whether or not § 527(e)(2). the FECA. Only those expenditures that ex- such individual or electors are selected, It is the perceived intersection between the pressly advocate the election or defeat of a nominated, elected or appointed. A ‘‘polit- Internal Revenue Code and the FECA that clearly identified candidate do so. ical organization’’ meets the organizational reformers want to regulate. Section 527 orga- Thus, it is perfectly consistent that an or- test if its articles of incorporation provide nizations must convince the IRS that they ganization may qualify for exemption under that the primary purpose of the organization are organized and operated for the exempt § 527 of the Internal Revenue Code yet not is to influence elections. Under the oper- function of influencing elections as required qualify as a PAC under the FECA. Tax law ational test, a ‘‘political organization’’ must under § 527(e)(2). However, because the orga- provides for exemption from corporate tax primarily engage in activities that influence nization is engaged in only issue advocacy and a shield against disclosure of contribu- elections but it need not do so exclusively. and does not make contributions to can- tors. Election law mandates PACs to report The IRS has issued no precedential guid- didates or engage in express advocacy, the all their contributors and expenses, subjects ance in this area, but it has issued private organization is not subject to the FECA. them to contribution limits, and prohibits

VerDate 11-MAY-2000 04:52 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.077 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S5999 them from receiving corporate or labor create parity between § 527 organizations and and address of the organization, includ- union contributions. These burdens on a PAC § 501(c)(3) and § 501(c)(4) organizations. How- ing an electronic mailing address; the cannot be constitutionally applied to an ever, any disclosure that goes beyond the purpose of the organization; the names issue advocacy organization. public disclosure of tax returns violates the and addresses of officers, highly-com- Therefore, as discussed above, § 527 casts a constitutional protection of issue advocacy. wider net than does the FECA. The FECA pensated employees, members of its Mr. MCCONNELL. The Senate has bases its requirements on narrowly defined Board of Directors, a contact person activities, not on tax status. Thus, activities precious few legislative days this year and a custodian of records; and the deemed political by the Internal Revenue to finish the important business of the name and address of any related enti- Service, for purposes of determining tax ex- American people, and there is no time ties. empt status, are not considered ‘‘political’’ for a meaningful debate on campaign I also would require the Secretary of under the FECA when there is no express ad- finance reform. I think that even my the Treasury to make this information vocacy of the election or defeat of a federal colleagues on the other side would con- publicly available on the Internet with- candidate. cede that there are not sixty votes on With this background of how the provi- in 5 business days after receiving the sions of § 527 and the FECA work, it is appar- substantive issues like the antiquated information. However, Mr. President, I ent that the reformers are yet again at- hard money limits and the soft money would not cross the constitutional line tempting to regulate citizen participation in question. In fact, after two weeks of of requiring that the organizations’ the form of protected issue advocacy. As a discussions, neither the House nor the confidential donor lists be made public. result of the IRS’s amorphous definitions of Senate could cobble together a major- Again, Mr. President, I think this is ‘‘social and welfare activities’’ and ‘‘political ity for broad and meaningful disclo- an important debate, but respectfully intervention,’’ many § 501(c)(4) organizations sure. disagree with my colleagues on the are now forced to organize under § 527 for tax But I do commend Senator GORDON constitutional propriety of requiring purposes. In fact, the Christian Coalition has filed suit against the IRS challenging its SMITH for his efforts to find a reason- public disclosure of confidential donor overbroad interpretation of what is political able middle ground. His bill, the Tax- lists for groups that do not contribute intervention which caused it to be denied its Exempt Political Disclosure Act, to federal candidates or engage in ex- § 501(c)(4) exemption. sought a compromise between the press advocacy. House Resolution 4168, however, would re- McCain-Lieberman 527-only bill and With that, I yield back the remaining quire issue advocacy organizations exempt the broad bill reported out of the House amount of time. under § 527 to be treated as PACs under the Ways and Means Committee that went The PRESIDING OFFICER. The Sen- FECA. However, it is unconstitutional to re- so far as to cover tax-exempt social ator from Wisconsin. quire issue advocacy groups to register as Mr. FEINGOLD. Mr. President, the PACs. What the government may not do di- welfare organizations like the AARP, the NAACP, and the Disabled Amer- Senator from Kentucky said that near- rectly, it may also not do indirectly by ly every 527 publicly discloses their bootstrapping onto the Internal Revenue ican Veterans. Code a requirement of ‘‘political committee’’ The Smith bill targeted the key tax- contributors and expenditures. I don’t registration and reporting requirements. In exempt groups in America: labor and know how the Senator from Kentucky other words, Congress may not condition a business organizations set up under can make that claim because he tax exempt status on reporting and disclo- sections 501(c)(5) and (c)(6) of the tax doesn’t know. No one knows how many sure requirements of issue advocacy when it code, like the Chamber of Commerce, 527 organizations there are. They cur- may not constitutionally require in the first rently don’t file any reports whatso- instance. the Teamsters and the National Edu- cation Association. Recent news sto- ever, so we can’t know that. They cur- The fact that issue advocacy groups may rently don’t even notify the IRS that engage in activities which influence an elec- ries underscored the need for meaning- tion, or even admit that their purpose is to ful disclosure of tax-exempt labor and they exist. That is exactly what this bill will change. influence an election, is totally irrelevant to business organizations. Documents re- I now yield 2 minutes to one of our the analysis. What is pertinent is whether viewed by the Associated Press dem- strongest allies on this issue and on these groups engage in any express advocacy. onstrate that the National Education The Buckley Court left intact, as constitu- the entire issue of campaign finance re- tionally protected, speech that influences an Association has spent millions of tax- form, the Senator from New York, Mr. exempt dollars to influence elections election. SCHUMER. To make it clear that speech that only in- while simultaneously reporting to the The PRESIDING OFFICER. The Sen- fluences an election, but does not contain ex- IRS that the organization has spent no ator from New York. press words of advocacy, is completely free money on political activities. This Mr. SCHUMER. I thank the Senator from regulation, the Supreme court explic- gross reporting disparity has prompted from Wisconsin for yielding. itly stated this both positively and nega- the filing of formal complaints with tively. First, the Court stated that ‘‘[s]o long Both to the Senator from Arizona as persons and groups eschew expenditures the IRS and the Federal Election Com- and the Senator from Wisconsin, kudos that in express terms advocate the election mission against the NEA. And, I think on their exemplary leadership on this or defeat of a clearly identified candidate, we all can agree to the obvious: neither issue and the general issue of campaign they are free to spend as much as they want the National Education Association finance reform, as well as my col- to promote the candidate and his views. Sec- nor any labor union will be covered or leagues from Connecticut, Michigan, ond, the Court explained that the FECA did affected in any way by this legislation. and Maine who have been such reform ‘‘not reach all partisan discussion for it only They can continue to spend millions of leaders. requires disclosure of those expenditures dollars on political activity with no A Chinese proverb says that a trip of that expressly advocate a particular election result. meaningful disclosure. 1,000 miles begins with the first step. Therefore, in order to protect speech, espe- Nevertheless, I have chosen to allow This is the first step, but we do have cially speech that may influence an election, this matter to move forward for a vote 1,000 miles to go. It is the first step, the Court drew a bright-line so that the without offering amendments or ex- and it is a significant one. Until this speaker would know exactly when he crossed tended debate. The Senate needs to proposal becomes law, organized crime, into regulable territory—the express advo- focus on the important business of the drug lords, and other various bottom cacy realm. Anything on the other side of American people and return to our first crawlers in society unknown to any of the line, speech that may influence an elec- tion, whether intentionally or not, was to be priority of ensuring that all of our ap- us could influence the political process protected from government regulation so as propriation bills are passed on time. by contributing money and running ads to promote the free discussion of issues and I plan to vote against this legislation that we all know are, for all practical candidates. Thus, speech free from explicit because I believe that the best and purposes, political ads. To have no dis- words of advocacy, whether made with the most constitutionally sound solution is closure, let alone no limits, on these intent to influence an election or not, is per- to require 527 issue advocacy organiza- kinds of activities puts a dagger in the fectly appropriate and legitimate. tions to file public returns with the heart of democracy. Sunlight is the This is not to say that Congress is com- IRS similar to those filed by issue ad- pletely without power to lawfully regulate disinfectant we need. Sunlight is the § 527 organizations. The Joint Committee on vocacy organizations organized under disinfectant provided by this provision. Taxation’s recommendation that § 527 orga- section 501(c)(4) of the Internal Rev- It does no less; it does no more. nizations should be required to disclose tax enue Code. Such public returns would We have many more miles to go. The returns (except for donor information) would include, among other things: the name distinction between hard money and

VerDate 11-MAY-2000 04:52 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.080 pfrm01 PsN: S28PT1 S6000 CONGRESSIONAL RECORD — SENATE June 28, 2000 soft money, the fact that these days advertisement by one of these groups. sponsible for keeping us in this fight. candidates don’t have to worry about a It is as plain as day. This group solicits Mark Buse, Ann Choinere, Lloyd Ator $1,000 limit because soft money is so contributions from extremely wealthy of Senator MCCAIN’s staff, Laurie prevalent and so available and because individuals and groups. Contributions, Rubenstein of Senator LIEBERMAN’s of, in my judgment, recent misguided it says, can be given in unlimited staff, Linda Gustitus with Senator Supreme Court decisions that allow po- amounts. They can be from any source. LEVIN, Jane Calderwood and John litical parties to do political ads—we They are not political contributions Richter from Senator SNOWE’s staff, all know they are political ads; simply and are not a matter of public record. Andrea LaRue with Senator DASCHLE, because they don’t say vote for can- They are not reported to the FEC, to and Bob Schiff of my own staff worked didate X, they are not classified as po- any State agency, or to the IRS. very long hours to make sure that we litical ads—makes our system a joke, Today, we are wiping out what might got to this point, and we appreciate all makes our system a mockery. be the most important part of this ad- of their efforts and look forward to fu- What we are doing here is simply re- vertisement, that the contributions are ture victories together. turning to the status quo of a year ago not a matter of public record. From I yield the floor. before these 527 accounts were founded. now on, these groups will disclose their The PRESIDING OFFICER. Does the We have a very long way to go. The contribution to the IRS. The public Senator yield back his remaining time? only confidence I have is that we do will be able to see where their money is Mr. FEINGOLD. Yes. have leaders such as the Senator from coming from and understand what is The PRESIDING OFFICER. The bill Arizona and the Senator from Wis- behind the message. is before the Senate and open to consin to help us move forward. I do want to mention a number of amendment. If there be no amendment If we were to rest on our laurels, if people who have been central to this ef- to be proposed, the question is on the we were to think we had now cleaned fort. Of course, my friend and col- third reading and passage of the bill. up the system because we passed this league, Senator MCCAIN, deserves a The bill (H.R. 4762) was ordered to a legislation, we would be sadly mis- huge amount of the credit for putting third reading and was read the third taken. It is very much need because forward our original amendment to the time. this is the part of campaign finance DOD bill and tenaciously continuing to f that remains under a rock with all the push until it became law. Senators worms and critters crawling undis- LIEBERMAN and LEVIN developed the THE DEPARTMENTS OF LABOR, covered. At the same time, we need to original bill on 527s, recognizing the HEALTH AND HUMAN SERVICES, go much, much further. I will be glad huge threat these stealth PACs posed. AND EDUCATION, AND RELATED to follow the banner of Senators Their work over the past few weeks to AGENCIES APPROPRIATIONS, MCCAIN and FEINGOLD to try to help make sure we finish the job has been 2001—Resumed make that a reality. extraordinary. Senator SNOWE, who has I thank the Chair and the Senator The PRESIDING OFFICER. The Sen- long been concerned about getting dis- ate will now resume consideration of from Wisconsin. closure of phony issue ads run in the The PRESIDING OFFICER. The Sen- H.R. 4577, which the clerk will report. last days before an election, was a key ator from Wisconsin. The legislative clerk read as follows: Mr. FEINGOLD. Mr. President, I supporter, as was Senator SCHUMER and A bill (H.R. 4577) making appropriations thank the Senator from New York for many others. On the House side, Rep- for the Department of Labor, Health and everything he has done on this matter. resentative SHAYS, who is in the Cham- Human Services, and Education, and related I ask the Chair how much time remains ber now, as well as Representatives agencies for the fiscal year ending Sep- tember 30, 2001, and for other purposes. on our side. MEEHAN, HOUGHTON, CASTLE, DOGGETT, The PRESIDING OFFICER. Three and MOORE were crucial to getting the The PRESIDING OFFICER. Under minutes. bill passed there, over the strong oppo- the previous order, the Senator from Mr. FEINGOLD. Mr. President, I ask sition of the House leadership. I am Tennessee is recognized to call up an unanimous consent for an additional 5 proud of how we worked in a bipartisan amendment. minutes. and bicameral fashion to get the bill AMENDMENT NO. 3654 The PRESIDING OFFICER. Without done and close this loophole. This ef- (Purpose: To increase the amount appro- objection, it is so ordered. fort bodes well for the future of cam- priated for the Inter-agency Education Re- Mr. FEINGOLD. Mr. President, let paign finance reform. search Initiative) me note that there is no constitutional This is my final point, Mr. President. Mr. FRIST. Mr. President, I send an argument against this bill because This is not the end of the fight, as we amendment to the desk and ask for its these organizations receive a tax ex- have said. It is just the beginning. Now immediate consideration. emption. The public is entitled to this that we have cracked the wall of resist- The PRESIDING OFFICER. The information in exchange for the sub- ance to any reform at all, I think we clerk will report. stantial tax benefit these groups re- are ready to move forward on truly The legislative clerk read as follows: ceive. I am so pleased this matter will cleaning up the corrupt campaign fi- The Senator from Tennessee [Mr. FRIST] be demonstrated in the courts because nance system. Now that we have dis- proposes an amendment numbered 3654. this bill is going to actually become closure of the unlimited amounts that Mr. FRIST. Mr. President, I ask law. are going to outside groups, I think we unanimous consent that reading of the I would like to use the remaining are ready to address the unlimited con- amendment be dispensed with. time to remind my colleagues and the tributions from corporations, unions, The PRESIDING OFFICER. Without public of the scope of the loophole we and wealthy individuals that the soft objection, it is so ordered. are about to get rid of. This has been money loophole permits to be given to The amendment is as follows: called the ‘‘mother of all loopholes.’’ If the political parties. left unchecked, literally millions upon Mr. President, I should have also On page 18, line 7, insert before ‘‘: Pro- vided,’’ the following: ‘‘(minus $10,000,000)’’. millions of dollars originating from mentioned Senator JEFFORDS, who is On page 68, line 23, strike ‘‘$496,519,000’’ and foreign governments, foreign compa- present in the Chamber, for his help on insert ‘‘$506,519,000’’. nies, and even, theoretically, organized this issue. On page 69, line 3, strike ‘‘$40,000,000’’ and crime could be spent in our elections I know that many of my colleagues insert ‘‘$50,000,000’’. without a single solitary bit of report- want to clean up this system and are On page 69, line 6, insert after ‘‘103–227’’ the ing and accountability—totally secret willing to work in good faith to find a following: ‘‘and $20,000,000 of that $50,000,000 money in unlimited amounts, and no way that we can do that. shall be made available for the Interagency one would know where the money was In the few seconds I have remaining, Education Research Initiative’’. coming from. It is hard to imagine any- I thank a number of staff for their in- Mr. FRIST. Mr. President, I have a thing that would be worse for the credibly hard work and dedication to modification to my amendment, which health of our democracy. the campaign finance issue and to this I send to the desk. We have a chart here containing, 527 disclosure will. We have not had The PRESIDING OFFICER. The Sen- word for word, what is essentially an many wins, and they are the ones re- ator has that right.

VerDate 11-MAY-2000 04:52 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.160 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6001 The amendment will be so modified. partment of Education in years past ising reforms, including an overhaul of The amendment (No. 3654), as modi- has been politically driven and not al- its peer review system in partnership fied, reads as follows: ways of the highest quality. IERI is a with NIH. However, it is clear we must On page 68, line 23, strike ‘‘$496,519,000’’ and first step on the road to changing that. do more. insert ‘‘$506,519,000’’. Teaming up with highly respected re- In response to the calls of practi- On page 69, line 3, strike ‘‘$40,000,000’’ and search institutions like NSF and tioners and experts, the Federal gov- insert ‘‘$50,000,000’’. NICHD, OERI is improving its research ernment launched the Interagency On page 69, line 6, insert after ‘‘103–227’’ the processes. In the 1997 PCAST ‘‘Report Education Research Initiative (IERI) in following: ‘‘and $20,000,000 of that $50,000,000 FY1999. The ultimate objective of the shall be made available for the Interagency to the President on the Use of Tech- Education Research Initiative’’. nology to Strengthen K–12 Education,’’ IERI is to accelerate the translation of Amounts made available under this Act for an advisory panel of technology, busi- robust research findings into concrete the administrative and related expense of ness, and education leaders strongly lessons for educators to improve stu- the Department of Health and Human Serv- urged that a significant Federal re- dent achievement in preK–12 reading, ices, the Department of Labor, and the De- search investment be undertaken in mathematics, and science. To achieve partment of Education shall be further re- education, with a focus on educational this goal, the National Science Foun- duced on a pro rata basis by $10,000,000. technology. The report pointed out dation, Department of Education, and Mr. FRIST. Mr. President, it is my that in 1997, we invested less than 0.1 National Institute of Child Health and understanding that a vote will be percent of the more than $300 billion Human Development are supporting a scheduled on my amendment tomorrow spent on K–12 public education each fundamentally new character of re- morning. Therefore, I now ask for the year to examine and improve edu- search in education that builds on the yeas and nays. cational practice; by contrast, the research portfolios of each agency The PRESIDING OFFICER. Is there a pharmaceutical industry invests nearly while filling a gap no one agency could sufficient second? a quarter of its expenditures on the de- address alone. This research features There is a sufficient second. velopment and testing of new drugs. In interdisciplinary collaborations across The yeas and nays were ordered. addition to the President’s 1997 Tech- learning-related disciplines, is sub- Mr. FRIST. Mr. President, I rise to- nology Advisory Report, the Budget stantively focused on key aspects of night to offer an amendment that I Committee Task Force on Education’s preK–12 education, and is conducted on think goes to the heart of so many of Interim Report, and this year’s Repub- a scale large enough to learn generaliz- our debates here on the Senate floor re- lican Main Street Partnership Paper on able lessons about what works and garding education. My amendment ‘‘Defining the Federal Role in Edu- why. Witnesses at hearings related to would fully fund the Department of cation, A Republican Perspective.’’ educational research in both the Sen- Education’s share of the Interagency both call for more spending on Edu- ate and the House over the past year Education Research Initiative (IERI)— cation R&D. At our Budget Committee (e.g., June 1999 in the Senate Health, a collaborative effort of the Depart- Task Force on Education hearing on Education, Labor and Pensions Com- ment of Education’s research arm—the education research, we learned that mittee, and October 1999 in the House Office of Educational Research and Im- one of our main Federally funded re- Basic Science Subcommittee) have provement (OERI)—the National search institutions was operating with urged the Congress to build upon and Science Foundation (NSF), and the Na- a budget that was smaller than what a support the IERI model. Calls for all levels of the educational tional Institute of Child Health and seed company expended in a facility de- system to be accountable for student Human Development (NICHD). The pri- voted solely to breeding petunias down learning are escalating at the same mary objective of the IERI is to sup- the road. time that technologies offer exciting port the development and wide dis- Dr. Robert Slavin, the Co-Director of new ways to help all students meet semination of research-proven, tech- the Center for Research on the Edu- high standards of excellence. Now more nology-enabled educational strategies cation of Students Placed At-Risk than ever is the time to elevate the that improve K–12 education. (CRESPAR), one of the Department of role of rigorous, peer-reviewed edu- We debate many new program ideas Education’s research centers, likened cational research—with a focus on here in the Senate that have little to our current expenditures in federal technology—in addressing the urgent no research to back up them up. Mem- education research to health research challenges of educational reform. With bers offer new program after new pro- that was limited to ‘‘basic research and $30 million in FY1999 funds, the IERI gram in a mad attempt to cure what descriptions of how sick people are, but team has already laid the groundwork ails American education. I ask my col- never produced any cures for any- for this innovative research program leagues, ‘‘wouldn’t it be better to know thing.’’ Additionally, another pro- with 14 new research awards averaging what works before we spend billions of ponent of education research warns $2 million per year. Another joint pro- dollars trying out things that may, in that ‘‘poor research often leaves us gram solicitation for $38 million in fact, not only not work, but harm stu- with inadequately tested and rep- FY2000 funds has recently been re- dent achievement?’’ Reading is a good licated fads, masquerading as innova- leased. My amendment will fully fund example of this. We tried many fads be- tions, penetrating the system, frus- the Department of Education’s share in fore the scientifically-based research trating the teachers, administrators, order to continue to grow the IERI to evidence came in that you’ve got to parents and, most importantly, the leverage potentially vast gains in stu- have phonics. children, and leaving us all worse off dent achievement with a relatively As we all know, advances in edu- than before.’’ Unfortunately, it is often modest investment in finding out cation, as in most other areas, depend difficult to discern good research from ‘‘what works.’’ in no small part on vigorous and sus- bad. Education R&D is a young discipline. tained research and development. In- The precursor to the Office of Edu- While the taxonomy for medicine has deed, state and local policymakers, as cational Research and Improvement been in development for millennia, en- well as school level administrators, are (OERI) was the National Institute of gineering for centuries, and biology for clamoring for information about ‘‘what Education (NIE). Modeled after the Na- a few hundred years, the widespread works’’ to guide their decisions. How- tional Institutes of Health, which is public education of children has oc- ever, historic investments in such edu- widely respected, the NIE never real- curred for barely more than a century. cational research have been woefully ized the same success as its role model. Consequently, education R&D is even inadequate, and the small federal in- A Budget Committee Education Task younger than that. vestments that have been made Force heard in 1998 that progress at The Interagency Education Research through the Department of Education OERI was stymied by inadequate peer- Initiative will help expand our knowl- have not always resulted in the high- review processes and a lack of good edge base and will be money well spent. quality, scientifically credible research quality control measures. Recognizing The amendment is fully offset, and I that we have come to expect from these problems, OERI—most recently urge my colleagues to support this many other research agencies. Much of under Dr. Kent McGuire’s leadership— very worthwhile investment in our research that has come out of the De- has embarked on a number of prom- children’s education.

VerDate 11-MAY-2000 04:52 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.163 pfrm01 PsN: S28PT1 S6002 CONGRESSIONAL RECORD — SENATE June 28, 2000 Mr. ROBB. Mr. President, a majority mother while she worked a forty hour caregiver support services. American of this body—myself included—just work week. Even then, she could only families are counting on us to act. voted to table both the Landrieu and afford to pay for eight hours of help Mr. MACK. Mr, President, as many of Jeffords amendments, each of which when her mother needed 24-hour care. my colleagues are aware, cancer has have the laudable goals of increasing She and her mother ended up paying on played a prominent role in my family’s funding for disadvantaged and special average between $17,000 and $20,000 an- history. Some in our family—me, my education students. The problem with nually in out-of-pocket costs to care wife Priscilla, our daughter Debbie— both amendments is that they rob for her mother at home. have been lucky enough to have fought Peter to pay Paul. Both amendments Caregiving has taken its toll on Ms. cancer and won. Others in our family reduce the amount of funding in Title Johnson. Today, she has been diag- have not been so lucky. My father died VI, which has been substantially in- nosed with two incurable, stress-re- of esophageal cancer, my mother died creased this year. The distinguished lated illnesses, changed jobs, and seen of kidney cancer and my younger Chairman, the Senator from Pennsyl- her income drop to levels that mean brother Michael died of melanoma at vania, has indicated that the $2.7 bil- she can no longer afford to hire private the very young age of thirty-five. lion allocated for Title VI this year is aides. Ms. Johnson is helped by the 164 As a result, Priscilla and I have be- for the continuation of our class size hours of respite care she receives annu- come very active in the fight against reduction efforts and for funding, for ally from the Alzheimer’s Respite Care cancer and in spreading the message the first time since the 1950’s, a mas- Program. In the words of Ms. Johnson, that early detection saves lives. It’s a sive school modernization effort. The ‘‘Respite care programs are the key to part of who we are as a family. effect of these amendments is simply the survival and longevity of family And there are other families with to reduce the number of new teachers caregivers.’’ their own stories. Michael J. Fox and schools can hire or reduce the money Mr. President, currently about 12.8 his family are waging war against Par- they’ll have available to fix fire code million adults need assistance from kinson’s disease. Mary Tyler Moore violations or upgrade old schools with others to carry out activities of daily and her family are fighting diabetes. new technology. That’s not the answer. living, such as bathing and feeding. Christopher Reeve and his family are What we ought to be doing is making a One in four adults currently provides searching for a cure to paralysis. And greater overall investment in public care for an adult with a chronic health millions of other families across the education. condition. Many caregivers struggle United States are fighting their own I have co-sponsored a bill to increase with competing demands of paid em- battles against AIDS, sickle-cell ane- the amount of Title I funding from $8 ployment, raising a family, and caring mia, Lou Gehrig’s disease, Alzheimer’s billion to $12 billion in this year alone, for a parent or other relative. and the many, many other diseases and I have co-sponsored a bill that puts Caregiving can take an emotional, that take our loved ones away from us. us on track to fully fund our federal physical, mental, and financial toll. A What I’ve come to realize in my fight commitment to IDEA within ten years. recent study found that on average, against cancer is the crucial role the Our economically disadvantaged and workers who take care of older rel- federal government plays in funding special needs students deserve more of atives lose $659,139 in wages, pension basic medical research at the National Institutes of Health, and how impor- a commitment from the federal level, benefits, and Social Security over a tant basic research is to finding break- but they also deserve small class sizes lifetime. Further, the estimated na- throughs not just for cancer but for all and safe, modern schools. It’s simply tional economic value of informal of the diseases which affect our fami- wrong to pit these objectives against caregiving was $196 billion in 1997. The National Family Caregiver Sup- lies. each other, because in the end, our For several years now, doubling fund- port Program, originally proposed by children are the ones that suffer and ing at NIH has been a primary goal of the President, would provide respite that is why I voted to table two amend- mine in the Senate. The Federal Gov- care, information and assistance, care- ments that I would otherwise support. ernment, mainly through the NIH, Ms. MIKULSKI. Mr. President, I rise giver counseling, training and peer sup- funds about 36 percent of all biomedical today to express my disappointment port, and supplemental services to research in this country, and plays an that this bill does not provide $125 mil- caregivers and their families. Full especially large role in basic research. lion for supportive services for care- funding of $125 million would provide Recently, the Joint Economic Com- givers under the Older Americans Act services to about 250,000 families. Sen- mittee, released a first-of-its kind (OAA). As an appropriator, I under- ators DASCHLE, GRASSLEY and BREAUX, study: ‘‘The Benefits of Medical Re- stand the difficult funding constraints DEWINE, and I have all sponsored legis- search and the Role of the NIH,’’ which under which Senator SPECTER and Sen- lation in this Congress to establish this examines how funding for the NIH cuts ator HARKIN operate. However, I also program. Twenty four Senators joined the high economic costs of disease, re- know that providing and funding sup- me earlier this year in urging the duces suffering from illness, and helps portive services for caregivers has Labor/HHS Appropriations Sub- Americans live longer, healthier lives. strong bipartisan support and would committee to fully fund these sup- And I’d like to take a moment, Mr. meet a compelling human need. portive services for caregivers. I know President, to share with my colleagues Many of us have had personal experi- other colleagues of mine have also some of the findings in this extensive ences caring for parents or other loved voiced support for funding these worth- report. ones and understand firsthand the while services. This is truly a step we According to the JEC, the economic stresses and strains caregivers face. can take that will meet a compelling costs of illness in the U.S. are huge— Last year, the Subcommittee on Aging human need. It gets behind our Na- approximately $3 trillion annually, or heard the compelling testimony of tion’s families and helps those who 31 percent of the nation’s GDP. This in- Carolyn Erwin-Johnson, a family care- practice self-help. cludes the costs of public and private giver in Baltimore, Maryland. Ms. As this bill moves to conference, I health care spending, and productivity Johnson has been caring for her moth- strongly urge the conferees to re-evalu- losses from illness. Medical research er who has Multiple Sclerosis for six- ate the current decision not to fund can reduce these high costs. But, the teen years. She left Chicago and her caregiver support services. As the NIH is fighting this $3 trillion battle work on a second Masters degree to Ranking Member of the Subcommittee with a budget of $16 billion. That’s just come to Baltimore and care for her on Aging, I am working with my col- half of a percent of the total economic mother at home, rather than put her leagues on the Health, Education, cost of disease in the United States. mother in a nursing home. She found a Labor, and Pensions Committee to re- In addition to lowering the economic community-based care system that was authorize the OAA this year. I hope costs of illness, advances in medical re- fragmented, underfunded, and overbur- that we are able to reach agreement on search greatly help people live longer dened. After months of frustration and outstanding issues to reauthorize the and healthier lives. A recent study trying to find help, Ms. Johnson took OAA this year. While we are working found that longevity increases have to hiring nursing aides off the street on reauthorization, I believe that we created ‘‘value of life’’ gains to Ameri- and training them to care for her must also move forward on funding cans of about $2.4 trillion every year. A

VerDate 11-MAY-2000 04:52 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.142 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6003 significant portion of these longevity tant, we have the support of the Amer- great strides. ‘‘Got to stay in the trench gains stem from NIH-funded research ican people. from here on,’’ he said as he showed us along in areas such as heart disease, stroke I ask my colleagues to join me in the the front line. This sector of ridge was joint- ly held by us and the North Koreans, the and cancer. If just 10 percent of the effort to double funding for the Na- trenches less than a football field apart. value of longevity increases, $240 bil- tional Institutes of Health. It’s good Chafee questioned the Marines we passed— lion, resulted from NIH research, that economic policy, it’s good public pol- not idle chat but about enemy activity, ad- would mean a return of $15 for every $1 icy, and most importantly, it’s good for dressing each man by his last name, the invested in NIH. all Americans. troops calling him ‘‘Skipper.’’ No one was uptight in the captain’s presence, and the Also according to the JEC, NIH-fund- f ed research helped lead to the develop- men spoke right up in answering. When ment of one-third of the top 21 drugs MORNING BUSINESS enemy infantry are that close, both the ques- tions and answers are important. introduced over the last few decades. Mr. FRIST. Mr. President, I ask When I got there as a replacement rifle- These drugs treat patients with ovar- unanimous consent that the Senate platoon leader on Thanksgiving weekend of ian cancer, AIDS, hypertension, depres- proceed to a period of morning business 1951, the 1st Marine Division was hanging on sion, herpes, various cancers, and ane- with Senators permitted to speak for to a mountainous corner of North Korea mia. Future drug research holds great up to 10 minutes each. along the Musan Ridge, about 3000 feet high. It took us a couple of hours to hike uphill, promise for curing many diseases and The PRESIDING OFFICER. Without lowering the costs of illness by reduc- lugging rifles and packs along a narrow, icy objection, it is so ordered. footpath to where the rifle companies were ing hospital stays and invasive sur- f dug in. As fresh meat, not knowing the ter- geries. In fact, one study found that a rain and nervous about mines, we followed $1 increase in drug expenditures re- PROFILE OF SENATOR JOHN close on the heels of Marines returning to duces hospital costs by about $3.65. CHAFEE’S KOREAN WAR SERVICE duty after being hit in the hard fighting to We know that past medical advances take Hill 749 in September. In Korea they Mr. MOYNIHAN. Mr. President, I rise have dramatically reduced health care didn’t send you home with wounds. Not if today to honor my friend John Chafee. costs for such illnesses as tuberculosis, they could patch you up to fight again. On Sunday June 25, 2000, an article ap- These Marines, tough boys, understandably polio, peptic ulcers, and schizophrenia. peared in Parade Magazine entitled, weren’t thrilled to be going back. But they For example, the savings from the ‘‘Let Us Salute Those Who Served’’. went. Dog Company of the 7th Marine Regi- polio vaccine, which was introduced in The article chronicled John’s service in ment needed them. There was already a foot 1955, still produces a $30 billion savings the Korean War. I ask that the article of snow on the ground. When I think of per year, every year. Korea, it is always of the cold and the snow. Medical advances will help cut costs be printed in the RECORD. Yet the fighting began in summer on a by reducing lost economic output from There being no objection, the article Sunday morning—June 25, 1950—when the disability and premature death. For ex- was ordered to be printed in the Soviet-backed army of Communist North RECORD, as follows: Korea smashed across the 38th Parallel to at- ample, new treatments for AIDS—some tack the marginally democratic Republic of HE WAS THE MOST ADMIRABLE MAN I’VE EVER developed with NIH-funded research— Korea with its U.S. trained and equipped KNOWN caused the mortality rate from AIDS (and not very good) army. Early in the war, to drop over 60 percent in the mid- (By James Brady) Gen. Douglas MacArthur had bragged: ‘‘The 1990s, thus allowing tens of thousands (The author, a Marine who served in the boys could be home for Christmas,’’ But ‘‘the of Americans to continue contributing Korean War, remembers his comrades in boys’ would be in Korea three Christmases— arms—and one extraordinary young leader in courtesy of the Chinese Army. to our society and economy. Every soldier thinks his own war was And medical research spending isn’t particular.) Is Korea really America’s ‘‘forgotten war?’’ unique. But Korea did have its moments: just about reducing the enormous cur- Not if you ask the foot soldiers who fought proving a UN army could fight: ending Mac- rent burdens of illness. The costs of ill- there, Marines and Army both. How could Arthur’s career with a farewell address to ness may grow even higher if we fail to any infantryman ever forget the ridgelines Congress (‘‘Old soldiers never die. They just push ahead with further research. In- and the hills, the stunning cold, the wind out fade away. . . . ’’): helping elect Eisenhower, fectious diseases, in particular, are of Siberia, the blizzards off the Sea of Japan? who pledged in ’52, ‘‘I will go to Korea’’; dem- continually creating new health costs. How do you forget fighting—and stopping— onstrating that Red China’s huge army could the Chinese Army, 40 divisions of them be stopped; insulating Japan from attack; The recent emergence of Lyme disease, and enabling the South Korean economic E. coli, and hantavirus, for example, against a half-dozen U.S. divisions, plus the Brits and some gallant others? And how can miracle. But the war’s lack of a clear-cut show how nature continues to evolve anyone forget the thousands upon thousands winner and loser may have set the stage for new threats to health. In addition, dan- of Americans who died there in three years, Vietnam. gerous bacteria are evolving at an in that small but bloody war? As a junior officer, I had little grasp of alarming rate and grow resistant to Korea began 50 years ago today—a brutal, such strategic matters. I commanded 40 Ma- primitive war in what Genghis Khan called rines, combat veterans who had fought both every new round of antibiotics. the Chinese and the North Koreans. Captain This report extensively shows the ‘‘the land of the Mongols,’’ a war in which I served under the most admirable man I’ve Chafee led us: Red Philips was his No. 2; Bob benefits of medical research and reaf- Simonis, Mack Allen and I were his three firms the enormous benefits we achieve ever known, a 29-year-old Marine captain named John Chafee. rifle-platoon leaders. Guided by Chafee, I saw my first combat. from funding the National Institutes of Most of us who fought the Korean War Mostly it was small firefights, patrols and Health in our fight against disease. But were reservists: Some, like me, were green ambushes, usually by night. I learned about there is still a lot more work to be kids just out of college. Others were combat- done. I am hopeful my colleagues will staying cool and not doing stupid things. hardened, savvy veterans blooded by fighting When darkness fell, we sent patrols through take a few moments to look at this re- against the Japanese only five years before— the barbed wire and down the ridgeline port and recognize the important work men like Chafee, my rifle-company com- across a stream, the Soyang-Gang, trying to done by the scientists and researchers mander, who would become a role model for grab a prisoner or to kill North Koreans. at the NIH. It can be read in its en- life. I can see him still on that first Novem- Meanwhile, they came up Hill 749 and tried ber morning, squinting in the sun that tirety on the JEC website at: to kill us. bounced off the mountain snow as he wel- The second or third night I was there, the jec.senate.gov. comed a couple of replacement second lieu- Funding for NIH is really about— Koreans hit us with hundreds of mortar tenants. Mack Allen and me, to Dog Com- shells, then came swarming against the hope and opportunity. The challenge pany. He was tall, lean, ruddy-faced and barbed wire, where our machine guns caught before us is great, but America has al- physically tireless, a rather cool Rhode Is- them. At dawn there were six dead Koreans ways responded when our people are be- lander from a patrician background with a hanging on the wire. Except for Catholic hind the challenge. America landed a luxuriant dark-brown mustache. ‘‘We’re a wakes at home, I’d never seen a dead man. man on the moon. We pioneered com- trifle understrength at the moment,’’ he That morning we tracked wounded Koreans puter technology. America won the said, a half-smile playing on his face. ‘‘We’re from their blood in the snow. The following two officers short.’’ I was too awed to ask Cold War. Now it is time to win the day, a single incoming mortar hit some Ma- what happened to them. rines lazing in the sun. Two died; one lost his war against the diseases that plague Chafee didn’t seem to carry a weapon, just legs. I hadn’t been in Korea a week. our society. We have the knowledge. a long alpine stave that he used as he loped, Sergeants like Stoneking, Wooten, and We have the technology. Most impor- his long legs covering the rough ground in Fitzgerald, and a commanding officer like

VerDate 11-MAY-2000 05:33 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.102 pfrm01 PsN: S28PT1 S6004 CONGRESSIONAL RECORD — SENATE June 28, 2000 Chafee, got a scared boy through those early man with money and connections (his great- SPECTER regarding recommendations days. When I tripped a mine in deep snow the grandfather and great-uncle both had served to the Attorney General with respect morning of January 13, 1952, and blew up Ser- as governor), he never took the easy out. to a special prosecutor, Mr. Conrad geant Fitzgerald and myself, the first man I Chafee went on to become governor of stated, ‘‘That, I don’t feel comfortable saw as they hauled up out by rope was Cap- Rhode Island, Secretary of the Navy and a tain Chafee. We fought the North Koreans four-term Senator—a Republican elected in discussing in public. I would perceive into spring and then, when the snow melted one of our most Democratic states. He died whether I have done that or not as and the Chinese threatened to retake Seoul, last Oct. 14. something that pertains to an ongoing the Marines shifted west to fight the Chinese IN MEMORY investigation.’’ (Subcommittee on Ad- again. In the 37 months that the Korean War ministrative Oversight and the Courts, In July 1953, the fighting finally ended— raged, thousands of Americans died. (For ‘‘Oversight Hearing on 1996 Campaign not in peace but in an uneasy truce. So un- years, the number was thought to be 54,000 Finance Investigations’’). Senator easy that even today some 35,000 American but recently was revised to 36,900.) More SPECTER pressed him to discuss the troops are dug in, defending the same than 8000 are still missing. Yet only in 1995 ridgelines and hilltops that we did a half- matter in private, to which Mr. Conrad was a national memorial finally dedicated. It century ago. responded a firm, ‘‘no, I am not sug- If you’ve seen combat in any war, you have includes a black granite wall with murals gesting that. I am suggesting that my memories. Also a duty to remember absent and stainless-steel statues of infantrymen obligations as a prosecutor would pre- friends. And if, like me, you become a writer, slogging up a Korean hill. You can visit it at the National Mall in Washington, D.C. vent me from discussing that.’’ you have a duty to write about the dead, me- At the Judiciary Committee hearing morializing them: young men like Wild The Korean War began on June 25, 1950, when the Soviet-backed army of North Korea yesterday, the Attorney General also Horse Callan, off his daddy’s New Mexico declined to respond to any questions on ranch; Doug Brandlee, the big, red-haired smashed across the 38th Parallel to attack Harvard tackle who wanted to teach; hand- the marginally democratic Republic of recommendations that may or may not some Dick Brennan, who worked in a Madi- Korea. With UN approval, the U.S. inter- have been made regarding appointment son Avenue ad agency; Mack Allen, the engi- vened, halting the Communists at the of a special counsel. She said, ‘‘With re- neer from the Virginia Military Institute, Naktong River. Then came Gen. Douglas spect to the present matter, as I said at Bob Bjornsen, the giant forest ranger, and MacArthur’s brilliant end run at Inchon, the the outset, I am not going to comment recapture of Seoul and the sprint north. But Carly Rand of the Rand McNally clan. on pending investigations . . . I think As the survivors grow older, we stay in as winter approached, with temperatures at ¥20°F, about half a million Chinese came it imperative for justice to be done touch: Jack Rowe, who won a Navy Cross that an investigation be conducted and lost an eye, teaches school and has 10 south, prolonging the fighting. The war children; Taffy Sceva, still back-packing in ended with an armistice on July 27, 1953. It without public discussion so that it can the High Sierra; my pal Bob Simonis, retired was an uneasy truce: Today, 35,000 American be done the right way.’’ as a colonel; Joe Owens, who fought at the troops still are dug in, their weapons point- Other than the Attorney General and ‘‘frozen Chosin’’ Reservoir; John Fitzgerald, ing north. Mr. Conrad’s public refusals to confirm the Michigan cop, twice wounded on Hill 749. f or deny the existence of any rec- Each of us appreciates how fortunate we are ommendation, or to reveal the subject to have fought the good fight and returned. SEPARATING FACTS, FROM PARTISAN SMOKE matter of any such recommendation, No heroic posturing. Just another dirty job we have only Senator SPECTER’s rep- the country wanted done, and maybe a mil- Mr. LEAHY. Mr. President, the At- resentation of information purportedly lion of us went. If we got lucky, a John torney General of the United States obtained from unknown sources and Chafee was there to lead us. testified yesterday for almost 4 hours Chafee later carved out a brilliant political press accounts from unidentified ‘‘gov- career, including governor of Rhode Island, before the Senate Judiciary Committee ernment officials’’ that Mr. Conrad has Secretary of the Navy and four terms as a to answer yet more questions about made any recommendation to the At- U.S. Senator from Rhode Island. I had dinner campaign finance investigations and torney General about appointment of a with John and his wife, Ginnie, last fall: a independent counsel decisions. She did special counsel. We have no confirma- meal, a little wine, laughter and good talk, a so with her typical candor and integ- tion from the principals involved that few memories. I’m glad we did that. Because rity. John Chafee won’t be marking today’s anni- such a recommendation has actually Not willing to settle for the fact that been made nor of the subject matter of versary. Last Oct. 24, still serving as a Sen- this hearing revealed nothing new, cer- ator, Captain Chafee died, 57 years after he any such recommendation. Before first left Yale to fight for his country. tain Republican Members have today Members of Congress invite the Amer- The funeral was in Providence, and my sought to muddy the waters and twist ican public to think the worst about daughter Fiona, and I drove up. The Presi- the facts. I would like to cut through the Vice President and put him in the dent and First Lady were there and 51 Sen- this political haze and set the record position of trying to prove his inno- ators, as well as Pentagon chief Bill Cohen, straight. cence of allegations, which even the the Commandant of the Marine Corps, a ma- These are rumored recommendation rine honor guard, people from Yale and just anonymous sources have not detailed, to appoint a special counsel. we should heed the advise of the Attor- plain citizens, Chafee’s five children and 12 It is not the ‘‘established custom’’ grandkids, and a few guys like me who ney General to ‘‘be careful as you com- served under him in war. His son Zechariah and ‘‘practice’’ of the Judiciary Com- ment that you have the facts.’’ began the eulogy on a note not of grief but mittee or its subcommittees to an- Despite the fact that the Attorney of joyous pride: nounce publicly confidential Justice General has appointed seven inde- ‘‘What a man! What a life!’’ Department information relating to pendent counsels to investigate mat- So, when you think today of that small pending matters. Although Senator ters involving the President and var- war long ago in a distant country, remember SPECTER did so this past week when he ious Cabinet Officers, and appointed a the dead, those thousands of Americans. And held a press conference and spoke on the thousands of U.S. troops still there, special counsel to investigate the trag- ready to confront a new invasion. Think too national television about a reported ic events at the Branch Davidian com- of the Skipper—my friend. Capt. John recommendation of the Justice Depart- pound in Waco, Texas, Republican Chafee. ment’s Campaign Finance Task Force Members continue to press the charge THE HEROIC CAREER OF JOHN CHAFEE Chief Robert Conrad, that disclosure that Attorney General Reno refused to I didn’t know it at the time, but John was highly unusual. Although the Sen- appoint an independent counsel for Chafee already was a kind of legend when I ator has characterized this information campaign finance matters for some il- met him. A college wrestling star, he as obtained by way of ‘‘official inves- legitimate reason. This charge is un- dropped out of Yale at 19 to join the Marines tigation,’’ such information nor its founded and refuted even by those peo- after Pearl Harbor, fighting on Guadalcanal source has been shared with me or, to ple who disagreed with the Attorney as a private, then made officers candidate my knowledge, with any Democratic General’s decisions not to seek ap- school and fought on Okinawa as a lieuten- Member of the Committee or the Sen- pointment of independent counsels for ant. He went back to Yale (and the wrestling ate. team), was tapped by Skull and Bones, the campaign finance matters, including honor society, and took a law degree at Har- The only public statements of Mr. the following. vard. Then as a married man (to Virginia Conrad were made at a Judiciary Sub- I do not believe for one moment that any Coates) with a child on the way, he went committee hearing on June 21, 2000. In of her decisions, but particularly her deci- back to commanding riflemen in combat. A response to questions from Senator sions in this matter, have been motivated by

VerDate 11-MAY-2000 04:52 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.087 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6005 anything other than the facts and the law tion that the Attorney General should coercion of involuntary political dona- which she is obligated to follow. call for the appointment of an inde- tions. Indeed, the uncontroverted Quoting FBI Director Louis Freeh, pendent counsel. During the five days record of enforcement of the Pendleton August 4, 1998. of Senate debate, Senator BENNETT ob- Act demonstrates that both Republican At the end of the process, I was completely served that he viewed the coffees at the and Democratic Justice Departments comfortable with [the Attorney General’s] White House as inappropriate but not have applied this policy and declined to decision not to seek an independent counsel illegal: take action repeatedly over the past and with the process by which she reached [C]learly, it does not call for the appoint- decades. By way of example, in 1976, that decision. ment of an independent counsel. It is some- the Justice Department declined to Quoting Charles La Bella, Former thing we can talk about in the political prosecute officials responsible for send- Campaign Finance Task Force Super- arena. It is on the legal side of the line. ing letters signed by President Ford to visory Attorney, May 3, 1998. Nonetheless, when the time came to federal employees at their workplaces The integrity and the independence vote on the resolution the Republicans soliciting contributions on behalf of of the Attorney General are ‘‘beyond adopted it on a straight party-line Republican congressional candidates. reproach,’’ quoting Charles La Bella, vote. They then proceeded to table an In 1988, prosecution was declined when Former Campaign Finance Task Force alternative resolution, S.J. Res. 23, two Republican Senators sent solicita- Supervisory Attorney, August 4, 2000. that would have called upon the Attor- tion letters as part of a computerized The Attorney General ‘‘made no deci- ney General to exercise her best profes- direct-mailing to employees of the sions to protect anyone,’’ quoting sional judgment, without regard to po- Criminal Division of the Justice De- Charles La Bella, Former Campaign Fi- litical pressures and in accordance partment. In response to my question nance Task Force Supervisory Attor- with the standards of the law and the at the hearing yesterday, the Attorney ney, May 2, 2000. established policies of the Department General confirmed that this remained [A]ll of the Attorney General’s decisions of Justice to determine whether the the Justice Department’s policy. were made solely on the merits, after full— independent counsel process should be There is no evidence that fund-rais- indeed exhaustive—consideration of the fac- invoked. That more even-handed lan- ing telephone calls, which the Vice tual and legal issues involved and without guage that did not prejudge the out- President has acknowledged making any political influence at all. come or tell the Attorney General from the White House, implicated any Quoting Robert Litt, Former Prin- what to do was, likewise, opposed by ‘‘aggravating factors’’ warranting pros- cipal Associate Deputy Attorney Gen- every Republican Senator. ecutorial attention. Nevertheless, and eral, June 21, 2000. Thus, by their votes on March 14, in the absence of such evidence, some In response to whether he had any 1997, every Republican Senator had evi- have claimed that because a hard doubt about Attorney General Reno’s denced that his or her mind was made money component of the DNC media integrity: ‘‘No, I do not,’’ said Larry up on these issues and as a party they fund used to pay for television adver- Parkinson, FBI General Counsel, May marched lockstep to the conclusion tising in 1995 and 1996 may have been 24, 2000. that an independent counsel should be discussed at a meeting attended by the The only political pressure on the At- appointed. The House Republicans then Vice President and fourteen others on torney General has come from the Re- refused to consider the resolution and November 21, 1995, the Vice President’s publican majority. I believe that it was it died without final action. Even after statements two years later that he be- on March 4, 1997 that Senator LOTT the multimillion dollar investigation lieved the media fund to be entirely of first introduced a Senate resolution by the Governmental Affairs Com- soft money were false. Yet, as the At- proposing a sense of the Congress that mittee chaired by Senator THOMPSON torney General testified yesterday, the Attorney General should apply for into allegations of campaign finance, only two participants—not four as Sen- the appointment of another inde- and the investigations by the Burton ator SPECTER stated this morning— pendent counsel to investigate illegal committee and in spite of the 20 con- even recalled that the hard money fund-raising in the 1996 presidential victions achieved by the Campaign Fi- component of the media fund had been election campaign. nance Task Force within the Depart- mentioned at the 1995 meeting. Within 48 hours, on March 6, 1997, ment of Justice, the Specter investiga- The Attorney General testified that Senator HATCH had his own resolution tion is now revisiting certain events thirteen participants did not recall any to this effect added to the Judiciary from 1996. such discussion and: Committee agenda. Ironically, Chair- The American people know a par- [w]hile the Vice President was present at the man HATCH made clear that we would tisan endeavor when they see one. The meeting, there is no evidence that he heard not ask for an independent counsel to American people know that the upcom- the statements or understood their implica- investigate the Vice President and ing nomination and election of the tions so as to suggest the falsity of his state- telephone calls made from his White ments 2 years later that he believed the next President of the United States are media fund was entirely soft money, nor does House office. He characterized the crit- no justification for dragging these mat- anyone recall the Vice President asking any icism of the Vice President as ‘‘scur- ters back into the Senate for more pol- questions or making any comments at the rilous criticism.’’ He said that he did itics of personal destruction and innu- meeting about the media fund, much less ‘‘not think that the speculation sur- endo and leaks and partisan inves- questions or comments indicating an under- rounding the Vice President is as seri- tigating for short-term political gain. I standing of the issues of the blend of hard ous as some would make it’’ and indi- had hoped that we had our fill of these and soft money needed for DNC media ex- cated that he would not participate in efforts when the Senate rejected the ef- penditures. making a big deal out of it. Even as- forts by Kenneth Starr and the House The Attorney General explained that the suming that he had been engaged in a Republicans to force President Clinton Justice Department lawyers had: technical violation, the Chairman said out of the office to which he was twice concluded in this instance—that the range of impressions and vague misunderstandings that he would not call in an inde- elected by the American people. Re- among all the meeting attendees is striking pendent counsel to investigate those grettably, I was wrong and, apparently, and undercuts any reasonable inference that matters. some on this Committee are still en- a mere attendance at the meeting should Rather than act in a fair, balanced gaged in destructive partisanship. have served to communicate to the Vice and bipartisan way, on March 13, 1997, The Pendleton Act, 18 U.S.C. § 607, President an accurate understanding of the the ten Republican Senators on the Ju- prohibits the solicitation of campaign facts. diciary Committee served a letter on contributions, as defined by the Fed- The Attorney General did not ‘‘dis- the Attorney General requesting the eral Election Campaign Act, on federal count’’ the information provided by appointment of an independent counsel property. The Department of Justice David Strauss, who was present at the to investigate possible fund-raising has exercised a policy—through both time of the November 21, 1995 meeting violations. Democratic and Republican Adminis- in considering whether to appoint an The very next day, March 14, 1997, we trations—of declining to prosecute vio- independent counsel to investigate the were called upon to debate on the Sen- lations of section 607 that do not have Vice President and his knowledge of ate floor the Republican Senate resolu- some sort of aggravating factors like the hard money component of the

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.107 pfrm01 PsN: S28PT1 S6006 CONGRESSIONAL RECORD — SENATE June 28, 2000 media fund. Rather, as the Attorney rately reflected in the Attorney Gen- les, later cancelled, and the fundraiser General patiently explained yesterday, eral’s notifications to the court on this in San Jose. They do not refer to the she fully considered the notes and the issue, in which she found no such ‘‘rea- Hsi Lai temple visit. fact that Strauss himself believed the sonable grounds’’ as to the Vice Presi- Regarding oversight of the Peter Lee media campaign had been financed en- dent. case, Senator SPECTER has claimed tirely with soft money. Indeed, this Regarding the Hsi Lai Temple Mat- that the Peter Lee case is a closed mat- issue is discussed in full in the ‘‘Notifi- ter, Republican Members questioned ter and that it was somehow appro- cation to the Court Pursuant to 28 the Attorney General about the Vice priate to interview the district court U.S.C. 592(b) of Results of Preliminary President’s visit on April 29, 1996 to the judge in that case. The record should Investigation’’ publicly filed on No- Hsi Lai Temple in Los Angeles and be clear that the Lee case is in fact vember 24, 1998. speculated that he was not fully forth- pending in at least two respects. First, As the Attorney General explained, coming about his understanding of the Lee filed a motion to terminate his the fact that Strauss’s contempora- nature of the event. The Vice President probation on September 28, 1999. Oppo- neous notes reflect discussion of the has consistently insisted that he was sition to the motion was filed by the hard/soft money split, does not bear on not aware this event was a fundraiser. government on October 6, 1999. A deci- the Vice President’s recollection of the Senator SMITH observed yesterday: sion on that motion had not yet been matter. Any discussion about ‘‘re- I don’t understand for the life of me why rendered at the time of the Senator’s corded recollection’’ misses the boat. any individual would deny that he or she at- interview of the judge in February 1999 Federal Rule of Evidence 803(5) states tended a fundraiser. Attending a fundraiser and may remain pending today. In ad- that a: is not a bad thing. dition, until either this motion is memorandum or record concerning a matter Perhaps, the answer is as simple as granted or Lee’s term of probation ex- about which a witness once had knowledge this: that the Vice President did not pires, Lee will remain under the super- but now has insufficient recollection to en- know the temple event was a fund-rais- vision of the court and the Probation able the witness to testify fully and accu- er, just as he says. Department. Should he commit any rately, shown to have been made or adopted The record is clear that the Vice violations, his probation could be re- by this witness when the matter was fresh in President was initially scheduled to at- voked by the judge and he could be sen- the witness’ memory and to reflect that tend a fund-raising luncheon at a res- knowledge correctly tenced to a term of imprisonment. taurant in Los Angeles on April 29, Concerning the idea that Judiciary Will not be considered hearsay. How- 1996, and that after the lunch, he was Committee Senators should have ever, regardless of whether Strauss’s supposed to go to the temple, about 20 standing in independent counsel mat- notes could be admissible at a hypo- minutes away, for a community out- ters, I have heard the suggestion that thetical trial, the fact remains that reach event. No tickets were to be sold the Judiciary Committee should have they are irrelevant on the question of and no fund-raising was to take place standing to seek judicial review of the what the Vice President, not Strauss, at the temple. A few weeks before the Attorney General’s decisions on special knew or heard. events, the Vice President’s schedulers counsel matters. This proposal seeks Although it was insinuated that thir- determined there was not enough time yet again to politicize the integrity of teen memoranda from Harold Ickes are for two events. The guests previously the process. It also ignores the fact evidence as to the Vice President’s invited to the restaurant luncheon that the independent counsel law is no knowledge of the hard money compo- were told they could attend a luncheon longer in effect. The special counsel nent of the media fund, as the Attor- at the temple dining hall after the for- process is simply governed by Attorney ney General testified yesterday, only mal ceremonies. General regulations. Surely this Com- six or seven of those memoranda pre- Although the luncheon at the temple mittee should not have standing to in- dated the telephone calls. In addition, was a DNC-sponsored event, no tickets tervene in the application of internal as set forth in publicly filed court doc- were sold, no campaign materials were Justice Department regulations. uments, there was no evidence that the displayed, no table was set up to solicit I have expressed concern about the Vice President had read them and the or accept contributions, and the Vice damage that can be done to the integ- Attorney General testified that the President spoke about brotherhood and rity of the criminal justice system if Vice President’s staff ‘‘corroborated religious tolerance, not fund-raising. the majority in Congress politicizes his statement that he did not, as a Attendees included a Republican mem- prosecutorial decision-making, includ- matter of practice, read Ickes’ ber of the Los Angeles County Commis- ing by interfering in ongoing criminal memos.’’ sion. matters and pending investigations. As to the Standard of Proof to Move Notwithstanding these facts, Repub- Authorizing the majority of a standing from a Preliminary Investigation to lican Senators have insisted that an Congressional Committee to initiate a Independent Counsel, Republicans have email from an aide to the Vice Presi- criminal investigation is a bad idea. repeatedly suggested that an inde- dent on March 15, 1996, suggests that f pendent counsel should have been ap- the Vice President knew the Hsi Lai pointed for the Vice President and have Temple event was a fund-raiser. This VICTIMS OF GUN VIOLENCE focused on whether there was ‘‘specific conclusion is wrong and ignores rel- Mr. SCHUMER. Mr. President, it has and credible information’’ regarding evant facts. First, the original plan had been more than a year since the Col- wrongdoing. This is a been for the Vice President to partici- umbine tragedy, but still this Repub- mischaracterization of the applicable pate both in a fund-raiser at a res- lican Congress refuses to act on sen- standard under the now-lapsed Inde- taurant and a visit to the temple on sible gun legislation. pendent Counsel law. As the Attorney April 29, 1996. Later that day he was to Since Columbine, thousands of Amer- General clarified yesterday, that stand- attend another fund-raiser at a private icans have been killed by gunfire. Until ard is only relevant to whether a pre- home in San Jose. The email to which we act, Democrats in the Senate will liminary investigation within the Jus- the Republicans referred at the hear- read some of the names of those who tice Department should be commenced. ing, dated March 15, 1996, is from an lost their lives to gun violence in the Indeed, such an inquiry was conducted, aide and states in relevant part: ‘‘we’ve past year, and we will continue to do so and concluded, with regard to the Vice confirmed the fundraisers for Monday, every day that the Senate is session. President on two occasions. The Attor- April 29th. The question is whether you In the name of those who died, we ney General also testified accurately wish to seriously consider [another in- will continue this fight. Following are that in order to seek an independent vitation in New York.].’’ The Vice the names of some of the people who counsel following the conclusion of a President replied by email that ‘‘if we were killed by gunfire one year ago preliminary investigation, she needed have already booked the fundraisers today. ‘‘reasonable grounds to believe that then we have to decline.’’ Obviously, June 28, 1999: further investigation is warranted’’ of the fund-raisers to which these emails Shawn Anderson, 28, Baltimore, MD; the matters that had been under inves- refer are the one fundraiser originally James Bennett, 54, Houston, TX; Charles tigation. This standard was also accu- scheduled at a restaurant in Los Ange- Johnson, 43, Houston, TX; John J. Juska, 58,

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.109 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6007 Cape Coral, FL; Kris Kempski, 32, St. Louis, Five years ago, June 27, 1995, the Fed- It is my hope that the Lebanese gov- MO; Samuel L. Leonard, 43, Chicago, IL; eral debt stood at $4,948,217,000,000 ernment will institute a master plan, Keith McSwain, 21, Washington, DC; Alfredo (Four trillion, nine hundred forty-eight cultural resources assessment, and a Montano, 23, Chicago, IL; Ronald Posada, 22, Houston, TX; Latrell Thomas, 34, Chicago, billion, two hundred seventeen mil- management plan for Tyre which will IL; Robin Thompson, 21, Baltimore, MD; lion). clearly map out the best approach at Taha Wheeler, 21, Detroit, MI; Willie Wilson, Ten years ago, June 27, 1990, the Fed- uncovering, preserving, and displaying 44, Philadelphia, PA; Ronnie Woodall, 26, St. eral debt stood at $3,165,289,000,000 these vast treasures. I do hope that the Louis, MO; and an unidentified male, 27, (Three trillion, one hundred sixty-five government will cease it present activ- Portland, OR. billion, two hundred eighty-nine mil- ity in the area until it can develop a f lion) which reflects almost a doubling workable and enforceable plan. RUSSIA HUMAN RIGHTS of the debt—an increase of almost $2.5 It seems a particularly appropriate trillion—$2,485,430,953,982.79 (Two tril- time for the Lebanese Government to Mr. FEINGOLD. Mr. President, I wish lion, four hundred eighty-five billion, be planning their approach to the city to voice my concern about the deterio- four hundred thirty million, nine hun- of Tyre. With the Israeli withdrawal rating human rights situation in Rus- dred fifty-three thousand, nine hundred from the South of Lebanon, and peace sia. A decade after the break-up of the eighty-two dollars and seventy-nine close at hand, Lebanon can begin the Soviet Union, Russia still faces enor- cents) during the past 10 years. process of rebuilding through tourism. mous obstacles to becoming a stable It is my hope that part of the agenda and prosperous nation. Russia’s GDP is f to rebuild Southern Lebanon includes less than half of what it was before the ADDITIONAL STATEMENTS the preservation of the great city of break-up, with much of its population Tyre and its surroundings, and I offer impoverished and uncertain about its my assistance to do what I can in the future. Russia’s medical system is in PRESERVING TYRE, LEBANON United States to help the government near collapse, and both life expectancy ∑ Mr. ABRAHAM. Mr. President, I rise of Lebanon achieve this goal.∑ birthrates have declined sharply. today to recognize the American Na- f Crime is escalating, and corruption is tional Committee for Tyre and the widespread. International Association to Save Tyre TRIBUTE TO WAYNE This is a scenario that would chal- for all the good work they are doing to SHACKELFORD lenge any government. It will require raise awareness on the issue of pre- ∑ Mr. COVERDELL. Mr. President, I great leadership to turn things around serving this great historical site. As rise to pay tribute to a constituent, a in order to move Russia towards great- many may know, Tyre, Lebanon was distinguished public servant, and a er freedom and prosperity. But recent one of the most important cities in the friend—Wayne Shackelford, who re- events have made me fearful that, classical era. It served as an adminis- cently retired as Commissioner of the rather than leading Russia forward, trative center of life for the people of Georgia Department of Transportation. President Putin and his government the Mediterranean region, and was the During his tenure, Commissioner are leading their country back into the birthplace for the modern day alphabet Shackelford presided over the reshap- regrettable past. and democracy. If restored to its origi- The apparently baseless arrest of ing of Georgia’s transportation net- nal beauty, and its antiquities are Vladimir Gusinsky raises new concerns work, helping build up our state’s in- carefully unearthed and preserved, about President Putin’s commitment frastructure for the 21st century. As Tyre could become a world center for to an independent media, particularly one of the fastest growing states in the cultural education of past civilizations. in light of his government’s abuse of Union, with a population rapidly ap- I am pleased to serve as the Honorary Radio Liberty journalist Andrey proaching 8 million, Georgia will face Chairman of the American National Babitsky in retaliation for critical re- many challenges in the coming dec- Committee and I am honored to work porting from Chechnya. The Russian ades. We are well prepared to meet with my colleague and friend, Senator government has not heeded inter- those challenges in large part thanks Claiborne Pell, whose previous 20 years national calls for an independent inves- to the vision and leadership of Wayne tigation into reports of escalating of leadership on this issue remains in- Shackelford. human rights abuses allegedly com- valuable. Since taking office in 1991, he has mitted by Russian troops against There is no dispute that underneath overseen the construction of more than Chechen civilians. The reported harass- the present day soil of Tyre lies the 5,000 miles of new roads throughout the ment by the Putin government against great archeological treasures of eight state, while stewarding such innova- some religious minorities, including successive civilizations: the Phoeni- tions as Georgia’s first express lanes pressure placed on a prominent Jewish cian, Persian, Roman, Greek, Byzan- for buses and car pools and a computer group, is also extremely troubling. tine, Arab, and Ottoman, as well as system to monitor and manage traffic Mr. President, a Russia that is demo- that of the Crusaders. Many attempts movement. In fact, Georgia DOT’s Ad- cratic and free and follows the rule of have been made to unearth these treas- vanced Transportation Management law will be a strong and prosperity ures, but present day realities have System, NAVIGATOR, is the most country, a source of pride to its people, made it very difficult to implement a complete model of an urban transpor- and an ally respected by all nations. I full fledged plan to discover these an- tation management system in the call on Congress and the Administra- tiquities. United States and is being studied by tion to do all that is possible to ensure Tyre has been designated as a World transportation leaders worldwide. that President Putin moves his coun- Heritage site, and as such, should be Commissioner Shackelford is recog- try towards this goal. treated with great respect for the edu- nized for his interest in multimodal f cation of future generations. The Gov- and intermodal transportation issues. ernment of Lebanon is searching for He has refocused the efforts of Georgia THE VERY BAD DEBT BOXSCORE ways to protect the archeological sites DOT on the movement of people and Mr. HELMS. Mr. President, at the while planning realistically for eco- goods, not just vehicles, and has looked close of business yesterday, Tuesday, nomic expansion and tourism. However beyond roads by initiating the develop- June 27, 2000, the Federal debt stood at there are problems. ment of passenger rail service and ex- $5,650,719,953,982.79 (Five trillion, six The Lebanese Government recently panding rural airports to accommodate hundred fifty billion, seven hundred approved building the southern exten- commuter aircraft. nineteen million, nine hundred fifty- sion of the coastal highway near many His leadership extends to regional three thousand, nine hundred eighty- of the archeological treasures. The gov- and national transportation policy de- two dollars and seventy-nine cents). ernment has also permitted some of velopment. He served as President of One year ago, June 27, 1999, the Fed- the coastal sea area to be refilled for the Southeastern Association of State eral debt stood at $5,640,526,000,000 the construction of parking lots. In ad- Highway and Transportation Officials (Five trillion, six hundred forty billion, dition, there has been damaging activ- in 1993 and was President of the Amer- five hundred twenty-six million). ity surrounding Tell El-Mashouk. ican Association of State Highway and

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.104 pfrm01 PsN: S28PT1 S6008 CONGRESSIONAL RECORD — SENATE June 28, 2000 Transportation Officials in 1995. He was rine environments in the same manner NATIONAL DAY OF PRAYER also Chairman of the Board of Direc- as do the better known national parks ∑ Mr. ALLARD. Mr. President, on May tors of the Intelligent Transportation and wildlife refuges on land. Nancy 4, 2000 those attending the National Society of America from 1998 to 1999 went on to serve as the Director of Pro- Day of Prayer luncheon in Denver, Col- and continues to serve on the Board. In tected Resources at NOAA’s Fisheries orado got to hear an electrifying talk addition, he became Chairman of the Service, where she managed the Gov- by Dr. Condoleezza Rice. I found the Executive Committee of the Transpor- ernment’s programs to protect and speech so moving, so inspiring that I tation Research Board of the National conserve whales, dolphins, sea turtles wanted to share it with those who Research Council in January, 1999 and and other endangered and protected could not be in attendance that day to was a member of the President’s Coun- species. After that, Dr. Foster was her remarks. ‘‘Condi,’’ as she likes to cil on Year 2000 Conversion. named the Deputy Director of the Fish- be called, grew up in Denver, graduated He has earned many national and eries Service, where she forged alli- Magna Cum Laude from Denver Uni- state awards, including the Key Citizen ances between fishing and conservation versity and has served our country in of 1996 Award from the Georgia Munic- groups to ensure both the protection of many ways including service to former ipal Association. In September, 1997, our living marine resources and the President George Bush as a chief ex- the State Transportation Board dedi- pert on Russia. I ask that her speech be cated the Transportation Management sustainability of our human resources. printed in the RECORD. Center in Atlanta as the Wayne I particularly recall her special efforts NATIONAL DAY OF PRAYER, DENVER, Shackelford Building. in South Carolina, where she worked COLORADO, MAY 4, 2000 The Georgia DOT has also won many hand in hand with our shrimpers to top national awards under Commis- help them devise ways of keeping sea (By Dr. Condoleezza Rice) sioner Shackelford’s leadership, includ- turtles out of their nets. Thank you very much. It is indeed a de- ing the top national awards for asphalt light to be with you here in Denver for the In 1977, Commerce Secretary Bill Colorado Prayer Lunch. I do know quite a and concrete paving for 1996 and the Daley and NOAA Under Secretary Jim few people in the room, and there are good top quality construction awards from Baker tapped Nancy to take over the friends here from very far back in my his- the National Asphalt Paving Associa- National Ocean Service. Not only was tory. I’m not going to tell you who they are tion in 1997 and 1998. Georgia has been she the first woman to direct a NOAA because I don’t want you to go up to them rated for two consecutive years—and line office, but she was given one of the and ask them how I really was at fifteen or sixteen years old. But it’s awfully nice to for many of the past 15 years—as hav- most senior levels a career professional ing the best-maintained roads in the back here—home in Denver. can achieve; in other agencies or bu- I bring you greetings from my family. My nation. reaus, such a position would be re- For these and many other achieve- parents and I moved to Denver when I was served for at least an Assistant Sec- twelve years old, and this is just a great ments it is my great pleasure to com- retary-level official. NOS has the long- place to live. I think the reason that it is mend Commissioner Shackelford, to est running mission of all the NOAA such a great place to live is events like this. thank him for his many years of hard line offices—coastal mapping traces its You look around and you see the love in the work and dedication on behalf of the community, you see the strength in the com- lineage back to 1807—and she pioneered people of Georgia, and to wish him well munity. It’s nice to be back. in all his future endeavors.∑ a reinvention effort that has made the When I thought about what I’d like to talk Ocean Service one of the most modern with you about, I immediately reflected on f and effective of the line offices. A prov- the fact that this is of course our National TRIBUTE TO DR. NANCY FOSTER en innovator, she directed the total Day of Prayer as well as the day for the Col- orado Prayer Luncheon. And I thought about ∑ Mr. HOLLINGS. Mr. President, it is modernization of NOAA’s essential nautical mapping and charting pro- spending a few minutes with you talking with the most heartfelt sadness that I about the relationship of personal faith, to rise today to commemorate the life of grams. In addition, along with Dr. Syl- faith in a community, to strength and for- Dr. Nancy Foster, who passed away via Earle she created a ground-break- ward movement in a community. Because Tuesday at her home in Baltimore, ing partnership with the National Geo- very often we think about where we would Maryland. As I stand here today I re- graphic Society to launch a 5-year un- like the community to go, we think about call that only a year ago I spoke to you dersea exploration program called where we would like our leaders to take us. about Dr. Foster’s outstanding work as ‘Sustainable Seas Expedition.’ to re- We very often forget that strong commu- nities are built person by person, step by head of the National Ocean Service at kindle our nation’s interest in the step, by the responsibility of each and every the National Oceanic and Atmospheric oceans, and especially the national ma- one of us. That responsibility and that Administration. The news of her pass- rine sanctuaries. This effort has strength, I believe, can come from many dif- ing was bitter pill. Not only was Dr. sparked the kind of enthusiasm about ferent sources, and certainly it comes from Foster a dedicated and visionary public the oceans that Jacques Cousteau cre- different sources for different people. But for servant, but she was also universally ated when I first came to the Senate. many of us, and perhaps for most of the peo- admired and loved. I know that her cre- ple in this room, it certainly relates to deep While the Federal Government fre- ativity, boundless energy, and compas- and abiding faith in God, whatever one’s reli- quently recognized Dr. Foster’s con- gious background. For me it comes from a sion will be sorely missed both here tributions through numerous impor- deep and abiding faith in Jesus Christ. and at NOAA. Dr. Foster’s efforts in tant awards, she was also a person Now I have to tell you that I was born into my home state of South Carolina both whom the rank and file employees at the church. I didn’t have much choice. In as head of NOS and then at NOAA’s fact, on the day that I was born which was a Fisheries Service were testaments to NOAA—the marine biologists, re- Sunday, at 11:48 my father was preaching a her skill at bringing groups together to searchers, and managers—trusted and sermon. He had been told on Friday night solve incredibly complex coastal prob- admired. She was a strong and enthusi- that his child probably wasn’t going to be lems, from protecting our sea turtles astic mentor to young people and a born for a couple of days, so go ahead on staunch ally to her colleagues. She has, Sunday and preach the sermon. And my to conserving and understanding our goodness when he came out of the pulpit on precious coastal resources. The world and always will, serve as a role model for professional women everywhere, es- Sunday, he had a little girl. is a better place for her having served We lived in the back of the church until I here with us. pecially those who work in the was three and then moved into a parsonage. Dr. Foster came to NOAA in 1977 and sciences. Nancy Foster was that rare My grandparents were religious people. I spent her career promoting programs official whom we in the Congress studied piano from the age of three. I could to explore, map, protect and develop looked to for leadership, candor, and read music before I could read. But the first sustainably our Nation’s coastal and sensitivity, and we will all feel her loss song that I learned was ‘‘What a Friend We fishery resources. She helped create deeply for years to come. I would like Have in Jesus.’’ And then I learned to play ‘‘Amazing Grace,’’ etc. etc. the National Marine Sanctuary Pro- to offer my deepest appreciation for Dr. My grandfather was a deeply religious per- gram and Estuarine Research Reserve Foster’s outstanding contribution to son. Indeed I have a lot of heroes in my life, Program. These programs preserve the Nation and send my sincerest con- but Granddaddy Rice is perhaps the most re- America’s near shore and offshore ma- dolences to her family and friends.∑ markable because you see back in about 1920

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.060 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6009 he was a sharecropper’s son in Ewtah, Ala- right at me and he said, ‘‘Do you play the thereafter, but she understood that her faith bama. One day he decided he wanted to get piano?’’ And I said ‘‘Yes, I play the piano,’’ was telling her to go on, to pick up the book learning, heaven knows why. And so he And he said, ‘‘You know my church, Jeru- pieces, to do something for other people’s asked people how could a colored man go to salem Baptist Church down the road here children. And so Stanford University was college, and they said, ‘‘Well, you see if you just a little bit, needs somebody to play the from the Stanfords a living monument to could get to Stillman College (which is this piano. Would you come and play the piano other people’s children, born of the test of little Presbyterian college down the road) for us?’’ And so I did for several months go faith, the test that is struggle. And I began then you could go to college there.’’ So he and play the piano for Jerusalem Baptist to understand too the words of an old Negro saved up his cotton, went to Stillman Col- Church. And I thought, ‘‘If that’s not the spiritual that had always been somewhat lege, paid for his first year and then the sec- long reach of the Lord into the Lucky Super- confusing—‘‘Nobody knows the trouble I’ve ond year they said, ‘‘Now how do you plan to market on a Sunday morning, what is?’’ But seen. Glory Hallelujah’’? What does that pay for your second year?’’ And he said, as a result of going there and playing and mean? It means that out of struggle, faith is ‘‘Well, I’ve used all the money I have.’’ And getting involved again with the church com- honed. they said, ‘‘Well, you’ll have to go home,’’ munity, I began to see how much my faith, Now why is faith honed out of struggle? And he said, ‘‘Well, how to those boys go to which I’d taken for granted, was becoming First of all, because you are at that time college?’’ They said, ‘‘Well, you see they unpracticed, that it was no longer really be- forced to confront the relationship between have what’s called a scholarship, and if you coming a part of the way that I lived my faith and doubt. When my mother died, I wanted to be a Presbyterian minister, then daily life. didn’t have any good answers. Did I on the you could have a scholarship too.’’ My And so I started seeking out a church one hand pray to God for understanding and grandfather said, ‘‘You know, that’s exactly home, and I found Menlo Park Presbyterian on the other hand doubt why this had hap- what I had in mind,’’ and he became college in Menlo Park right next to Palo Alto. And pened? Of course when Columbine happened, educated, and my family has been Pres- one of the first sermons that I heard at did you on the one hand pray for under- byterian ever since. Menlo Park Presbyterian Church just standing and doubt why had it happened? So I was born into the church. My earliest reached out and grabbed me because it said But faith, and indeed the lessons of Christ memories are of Sunday school and choir where I was in my own faith. And it was the teach us that faith can be strengthened by practice and youth fellowship, and indeed if story of the prodigal son. But it was the doubt. It doesn’t have to be weakened by it. you’re a minister’s child, you have some story of the prodigal son told from the per- Some of my favorite stories in the Bible kind of strange memories because you see spective of the older son, not from the son actually come from the time when Christ is when I heard that story about Christ coming who had to come home, but the son who had preparing to die. And when the disciples— again, I figured when I was about six years always been there. And the minister talked men who had walked with Him for the entire old that if he was going to come again any- about how the older son was really appalled, time of His ministry, men who knew Him way, He might as well come to Westminster angry, and couldn’t quite understand why better than anyone else—found themselves Presbyterian Church because that would cer- while be had been there toiling in the fields doubting and fearful of what was to come. He tainly help the flagging attendance in the and had been a good son and had supported said, ‘‘I’ll go to prepare a place for you.’’ summer. And so I would pray, ‘‘If you’re his family, why there was all this excitement They said, ‘‘Take us with you because we going to come, Christ, come to my father’s when the prodigal son came home. don’t actually know where you’re going.’’ church. He could use the help,’’ You see you And I thought about it, and maybe what This isn’t very reassuring. And of course the had different ways of thinking about religion Christ was saying here, what God was say- story of Thomas which we had always been when you were a preacher’s child. ing, was that the prodigal son who had to be taught in a kind of pejorative sense ‘‘the But because I was born into the church, I born again to this faith was being brought doubting Thomas,’’ but in fact what did never really doubted the existence of God. I powerfully back to his faith. While the older Christ say? ‘‘Here, feel my side. Touch the can tell you that I accepted from the earliest son who had always been there doing what he wounds.’’ He didn’t say just ‘‘Leave.’’ Doubt years the whole mystery of the faith, the was supposed to do but maybe just doing it and faith have gone together from the begin- birth, the life, the death, and the resurrec- in the most routine fashion was losing ning of our religious experiences. And in tion as truth. Mine then is not a story of what’s most important about faith, and times of struggle, we are forced to work conversion to faith. The existence of God was that’s the deepening and the fire that comes through our doubts in order to re-energize a given for me. That Jesus Christ was His from having it tested, from having to worry our faith. son was a given for me. But while mine is about it, from having to think about it, from Times of struggle also challenge us on the not a story of conversion, it is a story of a having to bat it around in your mind from relationship between faith and reason be- journey to deepen my personal faith, and I time to time so that it doesn’t become stale. cause most of us live most of our lives in our would imagine that for many of you, a story And I suddenly saw myself as the elder son. heads. We try and understand why. And if that resonates, a story that has a familiar And I thought at that time, it’s time to you are like me and you live in an intellec- ring. You see, it’s easy when you are born to renew my faith and not to take it for grant- tual community, if you can’t prove it, if you religious faith to take that faith for granted, ed. And you know, it’s a good thing that I can’t see it, then you can’t possibly believe and not to deepen and to grow in it, not to did because I was soon to learn why faith is it. And yet there are those times when rea- question, and to become comfortable with it. so important in your daily life. son just will not do the job. I noticed the lit- When we moved here to Denver, I was at It was about a year and a half after coming tle quote by Abraham Lincoln in the bulletin Montview Boulevard Presbyterian Church. I back to my faith that I lost my mother, and this morning. ‘‘I’ve been driven many times was in the choir. I met some members of I can tell you that I could not have gotten to my knees by the overwhelming conviction Montview Boulevard here today with whom I through that without a strong and robust that I had nowhere else to go. My own wis- sang in the choir. It was a wonderful church, faith. You see the preparation for struggle dom and that of all about me seemed insuffi- a large church. And then I moved to Cali- that faith accords you is not something that cient for the day.’’ How many times has your fornia, and for awhile I continued to go to you can call on the day that it happens. You reason, your intellect failed you and you’ve church as I had done every Sunday since I have to have honed it, you have to have had to fall back on faith? In times of strug- could remember. But you know pretty soon worked at it, it has to have become a part of gle, we learn to trust, we learn to fall back things got busy. And so before you knew it, you. I began to understand during that pe- on faith, we learn to fall back on that which Sundays were for something else. Maybe I riod of time when I really was experiencing cannot be seen and cannot be understood, had to work. Maybe I had to do something the peace that passeth all understanding, and it makes us stronger. about that lecture that I had to give on Mon- that faith is honed in struggle, that Paul was Finally, in times of struggle, perhaps more day. I was always traveling because I’m a absolutely right when he wrote in Romans than at other times, we are reminded also of specialist in international politics, so maybe that we are justified in faith and that strug- the responsibilities of faith, particularly if I was in some other time zone, and when I gle brings patience, and patience hope, and we’ve been through struggles ourselves and got home I was just too tired to go to hope is not disappointed. Because it is in we are called on to participate in, to be a church. And slowly but surely my faith that time of struggle that we learn that we part of someone else’s struggle. And it is which I’d always taken for granted was are resilient human beings, that we have at that relationship between personal faith and there, but it was rather in the deeper re- our core the ability to rebound and to go on. taking one’s faith into the community to cesses of my mind, not front and center in Over the years, I have become more and make it better that I want to explore for a the way that I lived my life daily. more interested in the stories of struggle— moment now—to take the lessons and the A funny thing happened in that period to whether it is the death of a loved one, wheth- power of faith outside of our own personal me. One Sunday morning when I knew I er it is what Colorado went through in Col- experiences and into the community at should have been in church, I was in the umbine, whether it is the struggle that in- large. Lucky Supermarket instead. And I was terestingly built Stanford University. Do Now in order to do that, you have to draw walking among the spices buying food, and you know that Stanford University was built on other parts of your faith. You have to I’ll never forget running into a black man by Governor and Mrs. Stanford to honor draw on what has been honed and toughened there. And if you know Palo Alto, that’s a their only child who died of typhoid at six- inside you when you yourself have struggled. rare occurrence anyway. And he told me he teen years old? And Mrs. Stanford writes in But you also have to draw on the power that was buying some food for his church picnic, her letters that she wanted to die too when is there for you to first and foremost be opti- and we talked a little, and then he looked her son and then her husband died shortly mistic. When I am very often asked what has

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.148 pfrm01 PsN: S28PT1 S6010 CONGRESSIONAL RECORD — SENATE June 28, 2000 faith done for me that is most important, I eryday interactions. Because only then can troit Metropolitan Bar Association, the say that yes it’s been there for me in tough people of faith really make a difference in American Bar Association, and the times and struggle, but I think it’s also communities at home and communities State Bar of Michigan. He is a Director made me an optimistic person. It’s made me abroad. and/or Officer of Interface Systems, a person who believes that there can be a Thank you very much, and God bless you.∑ Inc., Sensys Technologies Inc., Tracy better tomorrow. f If you don’t believe that faith plays its role Industries, Inc., and Civix, Inc. in making you an optimistic person, think of MR. LLOYD A. SEMPLE RECEIVES In addition, Mr. Semple serves as the people who built this country and the op- 2000 JUDGE LEARNED HAND Chairman of the Board of Trustees of timism that must have come from their AWARD the Detroit Medical Center; Chairman faith. Have you ever wondered what it must of the Executive Committee of the De- have been like to come across the Conti- ∑ Mr. ABRAHAM. Mr. President, each troit Zoological Society; and is a nental Divide without roads? They must year, the American Jewish Commit- Trustee of Detroit Symphony Orches- have had faith that they were going to make tee’s Metropolitan Detroit Chapter pre- tra Hall. He is the Director and Cor- it. They must have had optimism about what sents one individual with its Judge was possible on the other side. They must porate Secretary, as well as a Trustee, have gone together and indeed from that Learned Hand Human Relations Award. of the Barbara Ann Karmanos Cancer they built a great country. Have you ever Recipients of this award are honored Center, an organization which raises wondered about the faith and optimism of for their outstanding leadership within funds for the awareness and prevention my ancestors, slaves who were three-fifths of the legal profession, and for exem- of breast cancer. He has served as a man who endured the most awful hardships plifying the high principles for which Chairman of the Board of Harper Hos- of day-to-day life and yet somehow looked Judge Learned Hand was renowned. I pital, Councilman and Mayor Pro Tem optimistically to a future? They must have rise today to recognize Mr. Lloyd A. of the City of Grosse Pointe Farms, done it out of the strength of their faith. Semple, who will receive the 2000 Judge They must have done it out of the optimism President of the Yale Alumni Associa- that only faith can give. Learned Hand Award on June 29, 2000, tion of Michigan and President of the But imparting that optimism to people in Detroit, Michigan. Country Club of Detroit. who are in need, imparting the mysteries Mr. Semple is the Chairman of one of I applaud Mr. Semple on his many and the lessons of faith to people who are in Detroit’s oldest and most prestigious achievements within the realm of the struggle is sometimes, oddly enough, easier law firms, Dykema Gossett, PLLC. law, and his many charitable endeavors than imparting and using the lessons of faith Founded in 1926, Dykema Gossett pro- outside of that realm. Not only the in everyday life. Sometimes we mobilize to vides legal services to a broad range of City of Detroit, but the entire State of use our faith when things are tough. This city mobilized around Columbine. People are clients, from international and For- Michigan, has benefitted from his able to bring themselves to love one an- tune 500 companies to individuals and many great works. On behalf of the other—Greeks and Turks after the earth- small ‘‘Mom and Pop’’ businesses. Its United States Senate, I congratulate quake in Turkey, because you’re mobilized mission has remained constant Mr. Lloyd A. Semple on receiving the in your faith to help. But what about day to throughout its almost seventy-five 2000 Judge Learned Hand Award, and day in your interactions with people in the years: to provide the best possible legal wish him continued success in the fu- community? Can you mobilize your faith in advice and service to its clients. The ture.∑ the same way? I think sometimes the biggest impediment firm has grown over 270 lawyers strong, f to mobilizing our faith in our day to day and now has locations in the following MESSAGES FROM THE PRESIDENT interactions in trying to make our commu- Michigan cities: Ann Arbor, Bloomfield nities better is really in our lack of humility Hills, Grand Rapids, and Lansing; as Messages from the President of the about what we as mere human beings can well as offices in Chicago and Wash- United States were communicated to bring to the table. You know sometimes peo- ington, D.C. In addition, Dykema the Senate by Mr. Williams, one of his ple of faith are wonderful at dealing with Gossett has recently gone global, form- secretaries. people in need. But in more normal times EXECUTIVE MESSAGES REFERRED we’re our own worst enemy because some- ing an affiliation with a firm in Bolo- gna, Italy. As in executive session the Presiding times the shouting, the desire to lecture, Officer laid before the Senate messages overwhelms the desire to lecture, over- In his time as Chairman, Mr. Semple whelms the desire to listen and to under- has overseen this growth and adapta- from the President of the United stand. I think sometimes that the greatest tion to the ‘‘new economy’’ while at States submitting sundry nominations impediment to people of faith in really mak- the same time stressing the impor- which were referred to the appropriate ing a difference in their communities to peo- tance of pro bono work to the members committees. (The nominations received today are ple on a daily basis—not just when we need and associates of Dykema Gossett. to be mobilized—is that we sometimes have printed at the end of the Senate pro- Twice in recent years the law firm has trouble, as people of faith, meeting people ceedings.) been recognized by the Detroit Metro- where they are, not where we would like f them to be. politan Bar Association for its efforts And hereto, I draw on a lesson from Christ. in this regard. In 1998, Dykema Gossett MESSAGES FROM THE HOUSE Have you ever noticed that when Christ was was selected by the Business Law Sec- At 11:47 a.m., a message from the interacting with people, He found a way to tion of the American Bar Association meet them where they were? With the rich House of Representatives, delivered by as the firm that made the most out- Ms. Niland, one of its reading clerks, young leader, it was confrontational—to give standing pro bono contribution in the up everything and to give it to the poor was announced that the House has passed pretty confrontational. With Lazarus and United States in transactional and the following bills, in which it requests the sisters, it was dramatic—a miracle. With business related areas. In addition, the concurrence of the Senate: the woman at the well, it was kind and un- members and associates donate their H.R. 809. An act to amend the Act of June derstanding and quiet. How many of us as time and resources to a host of chari- 1, 1948, to provide for reform of the Federal people of faith have that entire repertoire at table and civic organizations, recog- Protective Service. our disposal? When we deal with people, do nizing the importance of being not only H.R. 1959. An act to designate the Federal we ever stop shouting so loud that they can a community member, but a commu- building located at 743 East Durango Boule- hear through us the still, small voice of nity leader. Much of this is attrib- vard in San Antonio, Texas, as the ‘‘Adrian calm, remembering afterall that we will not A. Spears Judicial Training Center.’’ personally work miracles in people’s lives? utable, I think, to the strong leader- H.R. 3323. An act to designate the Federal That is the work of God. But if we are to be ship of Mr. Semple, and his belief that building located at 158–15 Liberty Avenue in a conduit, we have to be a conduit that is a good business should also strive to be Jamaica, Queens, New York, as the ‘‘Floyd willing to listen, a conduit that is willing to a good neighbor. H. Flake Federal Building.’’ help with humility, and a conduit that is Mr. Semple himself practices general H.R. 4608. An act to designate the United willing to meet people where they are. corporate law, including acquisitions, States courthouse located at 220 West Depot Those I think are the lessons of faith—to divestitures, mergers and financings. Street in Greeneville, Tennessee, as the hone our personal faith, to practice it every He received his Bachelor of Arts degree ‘‘James H. Quillen United States Court- day, to pray for our leaders and for those house.’’ who must carry the heavy burdens, and to from Yale University, and his Jurist H.R. 4762. An act to amend the Internal try to use our faith and its lessons, not just Doctorate from the University of Revenue Code of 1986 to require 527 organiza- when we need to be mobilized, but in our ev- Michigan. He is a member of the De- tions to disclose their political activities.

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.151 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6011 The message further announced that pawn transactions and outlaw the imposition port of a rule entitled ‘‘Policy Guidance Con- the House has agreed to the following of usurious interest rates on title loans to cerning Application of Title VI of the Civil concurrent resolutions, in which it re- consumers; to the Committee on Banking, Rights Act of 1964 to Metropolitan and quests the concurrence of the Senate: Housing, and Urban Affairs. Statewide Planning’’ received on May 25, f 2000; to the Committee on Commerce, H. Con. Res. 312. Concurrent resolution ex- Science, and Transportation. pressing the sense of the Congress that the MEASURES PLACED ON THE EC–9433. A communication from the Dep- States should more closely regulate title CALENDAR uty Assistant Administrator for Fisheries, pawn transactions and outlaw the imposition National Marine Fisheries, Department of of usurious interest rates on title loans to The following bill was read the sec- Commerce, transmitting, pursuant to law, consumers. ond time, and placed on the calendar: the report of a rule entitled ‘‘Atlantic Stur- H. Con. Res. 333. Concurrent resolution S. 2801. A bill to prohibit funding of the ne- geon Fishery’’ (RIN0648–AL38) received on providing for the acceptance of a statue of gotiation of the move of the Embassy of the June 5, 2000; to the Committee on Commerce, Chief Washakie, presented by the people of People’s Republic of China in the United Science, and Transportation. Wyoming, for placement in National Statu- States until the Secretary of State has re- EC–9434. A communication from the Dep- tory Hall, and for other purposes. quired the divestiture of property purchased uty Assistant Administrator for Fisheries, H. Con. Res. 344. Concurrent resolution per- by the Xinhua News Agency in violation of National Marine Fisheries, Department of mitting the use of the rotunda of the Capitol the Foreign Missions Act. Commerce, transmitting, pursuant to law, for a ceremony to present the Congressional The following bill was read the first the report of a rule entitled ‘‘Final Rule to Gold Medal to Father Theodore Hesburgh. Implement the Regulatory Amendment and second times by unanimous con- Under the Framework Provisions of the The message also announced that the sent, and ordered placed on the cal- House has agreed to the amendment of Fishery Management Plan for the Reef Fish endar: Resources of the Gulf of Mexico to Set Gag/ the Senate to the bill (H.R. 2614) to H.R. 4762. An act to amend the Internal Black Grouper Management’’ (RIN0648– amend the Small Business Investment Revenue Code of 1986 to require 527 organiza- AM70) received on May 22, 2000; to the Com- Act to make improvements to the cer- tions to disclose their political activities. mittee on Commerce, Science, and Transpor- tified development company program, f tation. and for other purposes, with an amend- EC–9435. A communication from the Spe- ment. EXECUTIVE AND OTHER cial Assistant to the Bureau Chief, Mass COMMUNICATIONS Media Bureau, Federal Communications ENROLLED BILLS SIGNED Commission, transmitting, pursuant to law, The message further announced that The following communications were the report of a rule entitled ‘‘Reexamination the Speaker has signed the following laid before the Senate, together with of the Comparative Standards for Non- enrolled bills: accompanying papers, reports, and doc- commercial Educational Applicants’’ (MM S. 1309. An act to amend title I of the Em- uments, which were referred as indi- Docket No. 95–31, FCC 00–120) received on ployee Retirement Income Security Act of cated: May 24, 2000; to the Committee on Com- 1974 to provide for the preemption of State merce, Science, and Transportation. EC–9427. A communication from the Asso- EC–9436. A communication from the Spe- law in certain cases relating to certain ciate Administrator for Procurement, Na- church plans. cial Assistant to the Chief, Mass Media Bu- tional Aeronautics and Space Administra- reau, Federal Communications Commission, H.R. 2614. An act to amend the Small Busi- tion, transmitting, pursuant to law, the re- ness Investment Act to make improvements transmitting, pursuant to law, the report of port of a rule entitled ‘‘Packaging, Handling, a rule entitled ‘‘Amendment of Section to the certified development company pro- and Transportation’’ received on June 14, gram, and for other purposes. 73.202(b), Table of Allotments, FM Broadcast 2000; to the Committee on Commerce, Stations (Cheyenne, Wyoming, and Gering, Science, and Transportation. At 3:45 p.m., a message from the Nebraska)’’ (MM Docket No. 97–106; RM– EC–9428. A communication from the Asso- 9044,9741) received on May 24, 2000; to the House of Representatives, delivered by ciate Administrator of Procurement, Na- Committee on Commerce, Science, and Ms. Niland, one of its reading clerks, tional Aeronautics and Space Administra- Transportation. announced that the House has passed tion, transmitting, pursuant to law, the re- EC–9437. A communication from the Spe- the following bill in which it requests port of a rule entitled ‘‘Risk Management’’ cial Assistant to the Bureau Chief, Mass the concurrence of the Senate: received on June 14, 2000; to the Committee Media Bureau, Federal Communications on Commerce, Science, and Transportation. Commission, transmitting, pursuant to law, H.R. 4733. An act making appropriations EC–9429. A communication from the Dep- for energy and water development for the fis- the report of a rule entitled ‘‘Amendment of uty Assistant Administrator for Fisheries, Section 73.202(b), Table of Allotments, FM cal year ending September 30, 2001, and for National Marine Fisheries Service, Depart- other purposes. Broadcast Stations (Anniston and Ashland, ment of Commerce, transmitting, pursuant Alabama, and College Park, Covington, ENROLLED BILLS SIGNED to law, the report of a rule entitled ‘‘Fish- Milledgeville and Social Circle, Georgia)’’ The enrolled bill (S. 1309) was signed eries of the Caribbean, Gulf of Mexico, and (MM Docket No. 98–112) received on May 24, subsequently by the President pro tem- South Atlantic; Fishery Management Plans 2000; to the Committee on Commerce, pore (Mr. THURMOND). of the Gulf of Mexico; Addition to FMP Science, and Transportation. Framework Provisions; Stone Crab Gear Re- f EC–9438. A communication from the Spe- quirements’’ (RIN0648–AL81) received on May cial Assistant to the Bureau Chief, Mass MEASURES REFERRED 24, 2000; to the Committee on Commerce, Media Bureau, Federal Communications Science, and Transportation. Commission, transmitting, pursuant to law, The following bills were read the first EC–9430. A communication from the Dep- the report of a rule entitled ‘‘Amendment of and second times by unanimous con- uty Assistant Administrator for Fisheries, Section 73.202(b), Table of Allotments, FM sent, and referred as indicated: National Marine Fisheries Service, Depart- Broadcast Stations (Bayfield, Colorado and H.R. 809. an act to amend the Act of June ment of Commerce, transmitting, pursuant Teec Nos Pos, Arizona)’’ (MM Docket No. 99– 1, 1948, to provide for reform of the Federal to law, the report of a rule entitled ‘‘Fish- 103; RM–9506; RM–9829) received on May 24, Protective Service; to the Committee on En- eries of the Northeastern United States; 2000; to the Committee on Commerce, vironment and Public Works. Fisheries of the Northeastern United States Science, and Transportation. H.R. 4608. An act to designate the United Final 2000 Fishing Quotas for Atlantic Surf EC–9439. A communication from the Spe- States courthouse located at 220 West Depot Clams, Ocean Quahogs, and Maine Mahogany cial Assistant to the Bureau Chief, Mass Street in Greeneville, Tennessee, as the Quahogs’’ (RIN0648–AM49) received on May Media Bureau, Federal Communications ‘‘James H. Quillen United States Court- 25, 2000; to the Committee on Commerce, Commission, transmitting, pursuant to law, house’’; to the Committee on Environment Science, and Transportation. the report of a rule entitled ‘‘Amendment of and Public Works. EC–9431. A communication from the Fed- Section 73.202(b), Table of Allotments, FM H.R. 4733. An act making appropriations eral Highway Administration Regulations Broadcast Stations Drummond and Victor, for energy and water development for the fis- Officer, Department of Transportation, Montana’’ (MM Docket No. 99–134) received cal year ending September 30, 2001, and for transmitting, pursuant to law, the report of on May 24, 2000; to the Committee on Com- other purposes; to the Committee on Appro- a rule entitled ‘‘Federal Motor Carrier Safe- merce, Science, and Transportation. priations. ty Regulations; General; Commercial Motor EC–9440. A communication from the Spe- Vehicle Marking’’ (RIN2126–AA14) received cial Assistant to the Bureau Chief, Mass The following concurrent resolutions on June 15, 2000; to the Committee on Com- Media Bureau, Federal Communications was read, and referred as indicated: merce, Science, and Transportation. Commission, transmitting, pursuant to law, H. Con. Res. 312. Concurrent resolution ex- EC–9432. A communication from the Regu- the report of a rule entitled ‘‘Amendment of pressing the sense of the Congress that the lations Officer, Department of Transpor- Section 73.202(b), Table of Allotments, FM States should more closely regulate title tation, transmitting, pursuant to law, the re- Broadcast Stations Madisonville, Texas’’

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.066 pfrm01 PsN: S28PT1 S6012 CONGRESSIONAL RECORD — SENATE June 28, 2000 (MM Docket No. 99–236) received on May 24, tive Law, United States Coast Guard, De- EC–9458. A communication from the Assist- 2000; to the Committee on Commerce, partment of Transportation, transmitting, ant Administrator for Fisheries, National Science, and Transportation. pursuant to law, the report of a rule entitled Marine Fisheries Service, Department of EC–9441. A communication from the Spe- ‘‘Drawbridge Regulations; China Basin, Mis- Commerce, transmitting, pursuant to law, cial Assistant to the Bureau Chief, Mass sion Creek, San Francisco, CA (CGD11–00– the report of a rule entitled ‘‘Fisheries of the Media Bureau, Federal Communications 003)’’ (RIN2115–AE47(2000–0029)) received on Exclusive Economic Zone Off Alaska—Final Commission, transmitting, pursuant to law, June 1, 2000; to the Committee on Commerce, rule to revise at-sea scales and observer sam- the report of a rule entitled ‘‘Amendment of Science, and Transportation. pling station and observer transmission of Section 73.202(b), Table of Allotments, FM EC–9450. A communication from the Chief data requirements’’ (RIN0648–AL88) received Broadcast Stations Seymour, Texas’’ (MM of the Office of Regulations and Administra- on June 1, 2000; to the Committee on Com- Docket No. 99–340) received on May 24, 2000; tive Law, United States Coast Guard, De- merce, Science, and Transportation. to the Committee on Commerce, Science, partment of Transportation, transmitting, EC–9459. A communication from the Assist- and Transportation. pursuant to law, the report of a rule entitled ant Administrator for Fisheries, National EC–9442. A communication from the Spe- ‘‘Safety/Security Zone Regulations; OPSAIL Marine Fisheries Service, Department of cial Assistant to the Bureau Chief, Mass 2000 Fireworks Displays and Search and Res- Commerce, transmitting, pursuant to law, Media Bureau, Federal Communications cue Demonstrations, Port of New York/New the report of a rule entitled ‘‘Tautog; Inter- Commission, transmitting, pursuant to law, Jersey (CGD01–00–009)’’ (RIN2115–AA97(2000– state Fishery Management Plans; Cancella- the report of a rule entitled ‘‘Amendment of 0028)) received on June 5, 2000; to the Com- tion of Moratorium’’ (RIN0648–AN48) re- Section 73.202(b), Table of Allotments, FM mittee on Commerce, Science, and Transpor- ceived on June 7, 2000; to the Committee on Broadcast Stations (Saranac Lake and West- tation. Commerce, Science, and Transportation. port, New York)’’ (MM Docket No. 99–83) re- EC–9451. A communication from the Chief EC–9460. A communication from the Assist- ceived on May 25, 2000; to the Committee on of the Office of Regulations and Administra- ant Administrator for Fisheries, National Commerce, Science, and Transportation. tive Law, United States Coast Guard, De- Marine Fisheries Service, Department of EC–9443. A communication from the Spe- partment of Transportation, transmitting, Commerce, transmitting, pursuant to law, cial Assistant to the Bureau Chief, Mass pursuant to law, the report of a rule entitled the report of a rule entitled ‘‘Designating Media Bureau, Federal Communications ‘‘Safety/Security Zone Regulations; Ocean the Cook Inlet, Alaska, Stock of Beluga Commission, transmitting, pursuant to law, View Beach Park, Chesapeake Bay, VA Whale as Depleted Under the Marine Mam- the report of a rule entitled ‘‘Amendment of (CGD05–00–118)’’ (RIN2115–AA97(2000–0029)) re- mal Protection Act’’ (RIN0648–AM84) re- Section 73.202(b), Table of Allotments, FM ceived on June 5, 2000; to the Committee on ceived on June 1, 2000; to the Committee on Broadcast Stations. (Moncks Corner, Kiawah Commerce, Science, and Transportation. Commerce, Science, and Transportation. Island, and Sampit, South Carolina)’’ (MM EC–9452. A communication from the Chief EC–9461. A communication from the Acting Docket No. 94–70) received on June 6, 2000; to of the Office of Regulations and Administra- Director of the Office of Sustainable Fish- the Committee on Commerce, Science, and tive Law, United States Coast Guard, De- eries, National Marine Fisheries Service, De- Transportation. partment of Transportation, transmitting, partment of Commerce, transmitting, pursu- EC–9444. A communication from the Spe- pursuant to law, the report of a rule entitled ant to law, the report of a rule entitled cial Assistant to the Bureau Chief, Mass ‘‘Safety/Security Zone Regulations; Coast ‘‘Fisheries of the Exclusive Economic Zone Media Bureau, Federal Communications Guard Activities New York Annual Fire- Off Alaska—Closure for Hook-and-Line Gear Commission, transmitting, pursuant to law, works Displays (CGD01–00–005)’’ (RIN2115– Groundfish in the Gulf of Alaska, Except for AA97(2000–0030)) received on June 5, 2000; to the report of a rule entitled ‘‘Amendment of Sablefish or Demersal Shelf Rockfish’’ re- the Committee on Commerce, Science, and Section 73.202(b), Table of Allotments, FM ceived on May 22, 2000; to the Committee on Broadcast Stations (Cheyenne, Wyoming and Transportation. EC–9453. A communication from the Chief Commerce, Science, and Transportation. Grover, Colorado)’’ (MM Docket No. 96–242; EC–9462. A communication from the Acting of the Office of Regulations and Administra- RM–8940, RM–9243) received on June 6, 2000; Director of the Office of Sustainable Fish- tive Law, United States Coast Guard, De- to the Committee on Commerce, Science, eries, National Marine Fisheries Service, De- partment of Transportation, transmitting, and Transportation. partment of Commerce, transmitting, pursu- pursuant to law, the report of a rule entitled EC–9445. A communication from the Spe- ant to law, the report of a rule entitled ‘‘Safety/Security Zone Regulations; Fire- cial Assistant to the Bureau Chief, Mass ‘‘Fisheries of the Exclusive Economic Zone works Display, New York Harbor Ellis Island Media Bureau, Federal Communications Off Alaska—Closes Bering Sea Subarea of the (CGD01–00–137)’’ (RIN2115–AA97(2000–0031)) re- Commission, transmitting, pursuant to law, ceived on June 5, 2000; to the Committee on Bering Sea and Aleutian Islands to Directed the report of a rule entitled ‘‘Amendment of Commerce, Science, and Transportation. Fishing for Greenland Turbot’’ received on Section 73.202(b), Table of Allotments, FM EC–9454. A communication from the Chief June 21, 2000; to the Committee on Com- Broadcast Stations Monahans and of the Office of Regulations and Administra- merce, Science, and Transportation. Gardendale, Texas’’ (MM Docket No. 99–302) tive Law, United States Coast Guard, De- EC–9463. A communication from the Acting received on June 9, 2000; to the Committee partment of Transportation, transmitting, Director of the Office of Sustainable Fish- on Commerce, Science, and Transportation. pursuant to law, the report of a rule entitled eries, National Marine Fisheries Service, De- EC–9446. A communication from the Chief ‘‘Drawbridge Regulations; Pine River partment of Commerce, transmitting, pursu- of the Office of Regulations and Administra- (Charlevoix), Michigan (CGD09–00–001)’’ ant to law, the report of a rule entitled tive Law, United States Coast Guard, De- (RIN2115–AE47(2000–0030)) received on June 5, ‘‘Fisheries of the Exclusive Economic Zone partment of Transportation, transmitting, 2000; to the Committee on Commerce, Off Alaska—Closes Gulf of Alaska for Shal- pursuant to law, the report of a rule entitled Science, and Transportation. low-Water Species Using Trawl Gear’’ re- ‘‘Safety/Security Zone Regulations; Fire- EC–9455. A communication from the Chief ceived on June 5, 2000; to the Committee on works Display, East River, Wards Island of the Office of Regulations and Administra- Commerce, Science, and Transportation. (CGD01–00–113)’’ (RIN2115–AA97(2000–0025)) re- tive Law, United States Coast Guard, De- EC–9464. A communication from the Acting ceived on June 1, 2000; to the Committee on partment of Transportation, transmitting, Assistant Administrator for Fisheries, Na- Commerce, Science, and Transportation. pursuant to law, the report of a rule entitled tional Marine Fisheries Service, Department EC–9447. A communication from the Chief ‘‘Drawbridge Regulations; Atlantic Intra- of Commerce, transmitting, pursuant to law, of the Office of Regulations and Administra- coastal Waterway, mile 1084.6, Miami, FL the report of a rule entitled ‘‘Fisheries of the tive Law, United States Coast Guard, De- (CGD07–00–053)’’ (RIN2115–AE47(2000–0031)) re- Northeastern United States; Summer Floun- partment of Transportation, transmitting, ceived on June 5, 2000; to the Committee on der, Scup, and Black Sea Bass Fisheries; 2000 pursuant to law, the report of a rule entitled Commerce, Science, and Transportation. Specifications’’ (RIN0648–AM49) received on ‘‘Safety/Security Zone Regulations; Fire- EC–9456. A communication from the Chief June 1, 2000; to the Committee on Commerce, works Display, Naval Station Newport, New- of the Office of Regulations and Administra- Science, and Transportation. port, RI (CGD01–99–197)’’ (RIN2115–AA97(2000– tive Law, United States Coast Guard, De- EC–9465. A communication from the Acting 0026)) received on June 1, 2000; to the Com- partment of Transportation, transmitting, Assistant Administrator for Fisheries, Na- mittee on Commerce, Science, and Transpor- pursuant to law, the report of a rule entitled tional Marine Fisheries Service, Department tation. ‘‘Regulated Navigation Areas; Navigable Wa- of Commerce, transmitting, pursuant to law, EC–9448. A communication from the Chief ters Within the First Coast Guard District the report of a rule entitled ‘‘Extension of of the Office of Regulations and Administra- (CGD01–98–151)’’ (RIN2115–AE48(2000–0002)) re- Expiration Date of an Emergency Interim tive Law, United States Coast Guard, De- ceived on June 5, 2000; to the Committee on Rule Implementing Stellar Sea Lion Protec- partment of Transportation, transmitting, Commerce, Science, and Transportation. tion Measures for the Pollock Fisheries Off pursuant to law, the report of a rule entitled EC–9457. A communication from the Assist- Alaska’’ (RIN0648–AM32) received on June 14, ‘‘Safety/Security Zone Regulations; Parade ant Administrator for Fisheries, National 2000; to the Committee on Commerce, of Tall Ships Newport 2000, Newport, RI Marine Fisheries Service, Department of Science, and Transportation. (CGD01–99–198)’’ (RIN2115–AA97(2000–0027)) re- Commerce, transmitting, pursuant to law, EC–9466. A communication from the Acting ceived on June 1, 2000; to the Committee on the report of a rule entitled ‘‘Fishing Capac- Assistant Administrator for Fisheries, Na- Commerce, Science, and Transportation. ity Reduction Program’’ (RIN0648–AK76) re- tional Marine Fisheries Service, Department EC–9449. A communication from the Chief ceived on May 24, 2000; to the Committee on of Commerce, transmitting, pursuant to law, of the Office of Regulations and Administra- Commerce, Science, and Transportation. the report of a rule entitled ‘‘Final Rule to

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.070 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6013 Implement Amendment 4 to the Fishery May 25, 2000; to the Committee on Com- S. Res. 309: A resolution expressing the Management Plan for the Coral, Coral Reefs, merce, Science, and Transportation. sense of the Senate regarding conditions in and Live/Hard Bottom Habitat of the South EC–9476. A communication from the Acting Laos. Atlantic Region’’ (RIN0648–AL43) received on Chief of the Office of Regulations and Ad- S. Res. 329: A resolution urging the Gov- June 14, 2000; to the Committee on Com- ministrative Law, United States Coast ernment of Argentina to pursue and punish merce, Science, and Transportation. Guard, Department of Transportation, trans- those responsible for the 1994 attack on the EC–9467. A communication from the Acting mitting, pursuant to law, the report of a rule AMIA Jewish Community Center in Buenos Assistant Administrator for Fisheries, Na- entitled ‘‘Safety/Security Zone Regulations; Aires, Argentina. tional Marine Fisheries Service, Department OpSail Miami 2000, Port of Miami (COTP By Mr. HELMS, from the Committee on of Commerce, transmitting, pursuant to law, Miami 00–015)’’ (RIN2115–AA97 (2000–0022)) re- Foreign Relations, without amendment and the report of a rule entitled ‘‘Interim rule; ceived on May 25, 2000; to the Committee on with an amended preamble: extension of effective date’’ (RIN0648–AN41) Commerce, Science, and Transportation. S. Con. Res. 57: A concurrent resolution received on June 14, 2000; to the Committee EC–9477. A communication from the Acting concerning the emancipation of the Iranian on Commerce, Science, and Transportation. Chief of the Office of Regulations and Ad- Baha’i community. EC–9468. A communication from the Acting ministrative Law, United States Coast By Mr. HELMS, from the Committee on Director of the Office of Sustainable Fish- Guard, Department of Transportation, trans- Foreign Relations, without amendment and eries, National Marine Fisheries Service, De- mitting, pursuant to law, the report of a rule with a preamble: partment of Commerce, transmitting, pursu- entitled ‘‘Safety/Security Zone Regulations; S. Con. Res. 122: Concurrent resolution rec- ant to law, the report of a rule entitled ‘‘At- Transit of S/V Amerigo, Vespucci, Chesa- ognizing the 60th anniversary of the United lantic Highly Migratory Species Fisheries; peake Bay, Baltimore, MD (CGD05–00–004)’’ States nonrecognition policy of the Soviet Shark Fishing Season Notification’’ (RIN: (RIN2115–AA97 (2000–0023)) received on May takeover of Estonia, Latvia, and Lithuania, I.D.052500B) received on June 16, 2000; to the 25, 2000; to the Committee on Commerce, and calling for positive steps to promote a Committee on Commerce, Science, and Science, and Transportation. peaceful and democratic future for the Baltic Transportation. EC–9478. A communication from the Acting region. EC–9469. A communication from the Attor- Chief of the Office of Regulations and Ad- f ney Advisor, National Highway Traffic Safe- ministrative Law, United States Coast ty Administration, Department of Transpor- Guard, Department of Transportation, trans- EXECUTIVE REPORTS OF tation, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule COMMITTEE port of a rule entitled ‘‘Uniform Tire Quality entitled ‘‘Safety/Security Zone Regulations; Grading Test Procedures’’ (RIN2127–AG96) re- (Including 69 regulations)’’ (RIN2115–AA97 The following executive reports of ceived by May 22, 2000; to the Committee on (2000–0024)) received on May 25, 2000; to the committee were submitted: Commerce, Science, and Transportation. Committee on Commerce, Science, and By Mr. HELMS for the Committee on For- EC–9470. A communication from the Dep- Transportation. eign Relations. uty Assistant Administrator, Office of Oce- EC–9479. A communication from the Acting Ross L. Wilson, of Maryland, a Career anic and Atmospheric Research, Department Chief of the Office of Regulations and Ad- Member of the Senior Foreign Service Class of Commerce, transmitting, pursuant to law, ministrative Law, United States Coast of Counselor, to be Ambassador Extraor- the report of a rule entitled ‘‘Improved Guard, Department of Transportation, trans- dinary and Plenipotentiary of the United Methods for Ballast Water Treatment and mitting, pursuant to law, the report of a rule States of America to the Republic of Azer- Management and Prevention of Small Boat entitled ‘‘Regatta Regulations; (Including 13 baijan. Transport of Invasive Species: Request for regulations)’’ (RIN2115–AE46 (2000–0004)) re- Nominee: Ross L. Wilson. Proposals for Fiscal Year 2000’’ received by ceived on May 25, 2000; to the Committee on Post: Ambassador to Azerbaijan. May 24, 2000; to the Committee on Com- Commerce, Science, and Transportation. Nominated: February 1, 2000. merce, Science, and Transportation. EC–9480. A communication from the Acting EC–9471. A communication from the Chair- The following is a list of all members of Chief of the Office of Regulations and Ad- my immediate family and their spouses. I man of the Office of General Counsel, Fed- ministrative Law, United States Coast eral Maritime Commission, transmitting, have asked each of these persons to inform Guard, Department of Transportation, trans- me of the pertinent contributions made by pursuant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule ‘‘Interpretations and Statements of Policy them. To the best of my knowledge, the in- entitled ‘‘Regulated Navigation Areas; Ter- formation contained in this report is com- Regarding Ocean Transportation Inter- mination of Regulated Navigation Area: mediaries’’ received by June 1, 2000; to the plete and accurate. Monongahela River, Mile 81.0 to 83.0 (CGD08– Contributions, Amount, Date, Donee: Committee on Commerce, Science, and 00–010))’’ (RIN2115–AE84 (2000–0001)) received Transportation. 1. Self: none. on May 25, 2000; to the Committee on Com- 2. Spouse: Marguerite H. Squire, none. EC–9472. A communication from the Dep- merce, Science, and Transportation. uty Division Chief, Competitive Pricing Di- 3. Children and Spouses: C. Blake Wilson, EC–9481. A communication from the Acting none; Grady S. Wilson, none. vision, Common Carrier Bureau, Federal Chief of the Office of Regulations and Ad- Communications Commission, transmitting, 4. Parents: John A. Wilson, none; Winnidell ministrative Law, United States Coast G. Wilson, approximately $50.00 (total), var- pursuant to law, the report of a rule entitled Guard, Department of Transportation, trans- ‘‘In the Matter of Access Charge Reform, ious 1995–2000, women candidates of Demo- mitting, pursuant to law, the report of a rule cratic Farmer Labor Party of Minnesota. Price Cap Performance Review for Local Ex- entitled ‘‘Safety Zone; Outer Continental change Carriers, Low-Volume Long Distance 5. Grandparents: Osmyn B. Wilson, de- Shelf Platforms in the Gulf of Mexico ceased; Edna B. Wilson, deceased; Andrew J. Users, Federal-State Joint Board On Uni- (CGD08–99–023)’’ (RIN2115–AF93) received on versal Service. CC Docket Nos. 96–262, 94–1, Gravitt, deceased; Winnidell Gravitt, de- May 25, 2000; to the Committee on Com- ceased. 99–249, and 96–45.’’ (FCC00–193) received by merce, Science, and Transportation. June 1, 2000; to the Committee on Commerce, 6. Brothers and Spouses: Murray D. Wilson, f Science , and Transportation. approximately $100.00 (total), various 1995– EC–9473. A communication from the Senior REPORTS OF COMMITTEES 2000, Democratic Farmer-Labor Party of Attorney, Department of Transportation, Minnesota; Becky Wilson, none. transmitting, pursuant to law, the report of The following reports of committees 7. Sisters and Spouses: Joanne Lindahl, ap- a rule entitled ‘‘Smoking Aboard Aircraft’’ were submitted: proximately $200.00 annually, 1995–2000, (RIN2105–AC85) received by June 5, 2000; to By Mr. MURKOWSKI, from the Committee American Express Political Action Com- the Committee on Commerce, Science, and on Energy and Natural Resources: mittee; Duane Lindahl, none. Transportation. Report to accompany S. 2071, a bill to ben- EC–9474. A communication from the Sec- efit electricity consumers by promoting the Karl William Hofmann, of Maryland, a Ca- retary of the Federal Trade Commission, reliability of the bulk-power system (Rept. reer Member of the Senior Foreign Service, transmitting, pursuant to law, the report of No. 106–324). Class of Counselor, to be Ambassador Ex- a rule entitled ‘‘Privacy of Consumer Finan- By Mr. HELMS, from the Committee on traordinary and Plenipotentiary of the cial Information’’ (RIN3084–AA85) received Foreign Relations, without amendment: United States of America to the Togolese on June 16, 2000; to the Committee on Com- H.R. 4249: An act to foster cross-border co- Republic. merce, Science, and Transportation. operation and environmental cleanup in Nominee: Karl Hofmann. EC–9475. A communication from the Acting Northern Europe. Post: Togo. Chief of the Office of Regulations and Ad- By Mr. HELMS, from the Committee on The following is a list of all members of ministrative Law, United States Coast Foreign Relations, without amendment and my immediate family and their spouses. I Guard, Department of Transportation, trans- with a preamble: have asked each of these persons to inform mitting, pursuant to law, the report of a rule S. Res. 239: A resolution expressing the me of the pertinent contributions made by entitled ‘‘Safety/Security Zone Regulations; sense of the Senate that Nadia Dabbagh, who them. To the best of my knowledge, the in- Maine Yankee Steam Generator and Pres- was abducted from the United States, should formation contained in this report is com- surizer Removal Wiscasset, ME (CGD1–00– be returned home to her mother, Ms. plete and accurate. 129)’’ (RIN2115–AA97 (2000–0021)) received on Maureen Dabbagh. Contributions, amount, date, donee:

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.073 pfrm01 PsN: S28PT1 S6014 CONGRESSIONAL RECORD — SENATE June 28, 2000 1. Self: none. me of the pertinent contributions made by dinary and Plenipotentiary of the United 2. Barrie F. Hofmann, spouse, none. them. To the best of my knowledge, the in- States of America to the Republic of 3. Elisabeth B. Hofmann, daughter, none; formation contained in this report is com- Uzbekistan. William K. Hofmann, son, none; Zoe R. plete and accurate. Nominee: John E. Hebst. Hofmann, daughter, none. Contributions, amount, date, donee: Post: Uzbekistan. 4. Janet R. Hofmann, mother, $100—1994, 1. Self, none. The following is a list of all members of $200—1995, $175—1996, $200—1998, Representa- 2. Spouse, none. my immediate family and their spouses. I tive Anna Eshoo; $60—1994, $35—1995, Senator 3. Children and Spouses names: Mandana have asked each of these persons to inform Diane Feinstein; $125—1998, Senator Barbara Limbert, Shervin Limbert, none. me of the pertinent contributions made by Boxer; William W. Hofmann, father, none. 4. Parents: deceased. them. To the best of my knowledge, the in- 5. George J. Reese, grandfather, deceased; 5. Grandparents: deceased. formation contained in this report is com- Florence R. Reese, grandmother, deceased; 6. Brothers and Spouses, none. plete and accurate. William Hofmann, grandfather, deceased; 7. Sisters and Spouses names: Ms. Lois Contributions, amount, date, donee: Madeleine W. Hofmann, grandmother, de- Witt, none; Mr. Hal Witt, none; Ms. Valerie 1. Self: none. ceased. Olson, none; Spouse deceased. 2. Spouse: None. 6. Mark R. Hofmann, brother, none; Janice 3. Children and Spouses Names: Maria Hofmann, sister-in-law, none. Roger A. Meece, of Washington, a Career Herbst, Ksenia Herbst, Alexsandra Herbst, 7. Marilyn Hofmann Jones, sister, none; Member of the Senior Foreign Service, Class Nicholas Herbst, John Herbst, none. Steven Jones, brother-in-law, none; of Counselor, to be Ambassador Extraor- 4. Parents: Christopher Herbst, deceased; dinary and Plenipotentiary of the United Mary Herbst, deceased. Janet A. Sanderson, of Arizona, a Career States of America, to the Republic of Ma- 5. Grandparents Names: John Herbst and Member of the Senior Foreign Service, Class lawi. Sadia Herbst, deceased; Egidio Vaccheli and of Counselor, to be Ambassador Extraor- Nominee: Roger A. Meece. Ierene Vaccheli, deceased. dinary and Plenipotentiary of the United Post: Ambassador to Malawi. 6. Brothers and Spouses Names: none. States of America to the Democratic and The following is a list of all members of 7. Sisters and Spouses. Names: Christine Popular Republic of Algeria. my immediate family and their spouses. I Herbst: none; Mitchelle Stern: none. Nominee: Janet A. Sanderson. have asked each of these persons to inform Post: Ambassador to Algeria. me of the pertinent contributions made by E. Ashley Wills, of Georgia, a Career Mem- The following is a list of all members of them. To the best of my knowledge, the in- ber of the Senior Foreign Service, Class of my immediate family and their spouses. I formation contained in this report is com- Career Minister, to be Ambassador Extraor- have asked each of these persons to inform plete and accurate. dinary and Plenipotentiary of the United me of the pertinent contributions made by Contributions, amount, date, donee States of America to the Democratic Social- them. To the best of my knowledge, the in- 1. Self: none. ist Republic of Sri Lanka, and to serve con- formation contained in this report is com- 2. Spouse: N/A. currently and without additional compensa- plete and accurate. 3. Children and Spouses: N/A. tion as Ambassador Extraordinary and Plen- Contributions, amount, date, donee: 4. Parents names: Mary Jane Meece, none. ipotentiary of the United States of America 1. Self: none. 5. Grandparents names: N/A. to the Republic of Maldives. 2. Spouse: 6. Brothers and Spouses, names: Stephen Nominee: E. Ashley Wills. 3. Children and Spouses names, none. and Victoria Meece, none; Lawrence and Bar- Post: Sri Lanka and the Maldives. 4. Parents names: John M. Sanderson, bara Meece, $35.00 2/1/99, Sen. Slade Gorton, The following is a list of all members of none; Patricia M. Sanderson, none. $25.00 10/2/98, Wash. State Repub. Committee, my immediate family and their spouses. I 5. Grandparents names: Emil and Mar- $25.00 1/15/95 Sen. Slade Gorton. have asked each of these persons to inform jorie Budde, deceased; John and Gail 7. Sisters and Spouses names: N/A. me of the pertinent contributions made by Sanderson, deceased. them. To the best of my knowledge, the in- 6. Brothers and Spouses names: Michael Mary Ann Peters, of California, a Career formation contained in this report is com- J. Sanderson, none. Member of the Senior Foreign Service, Class plete and accurate. 7. Sisters and Spouses names, none. of Minister-Counselor, to be Ambassador Ex- Contributions, amount, date, donee: traordinary and Plenipotentiary of the 1. Self: 0. Donald Y. Yamamoto, of New York, a Ca- United States of America to the People’s Re- 2. Spouse: 0. reer Member of the Senior Foreign Service, public of Bangladesh. 3. Children and Spouses Names: Zachary, 0, Class of Counselor, to be Ambassador Ex- Nominee Mary Ann Peters. Olivia, 0. traordinary and Plenipotentiary of the Post Ambassador to Bangladesh. 4. Parents Names: James A. Wills, 0, United States of America to the Republic of The following is a list of all members of Frankie B. Wills, 0. Djibouti. my immediate family and their spouses. I 5. Grandparents Names: All deceased years Nominee: Donald Y. Yamamoto. have asked each of these persons to inform ago. Post: Ambassador to Djibouti. me of the pertinent contributions made by 6. Brothers and Spouses Names: James A. The following is a list of all members of them. To the best of my knowledge, the in- Wills III, 0, Kadi Wills, 0. my immediate family and their spouses. I formation contained in this report is com- 7. Sisters and Spouses Names: Joan L. have asked each of these persons to inform plete and accurate. Wills, 0. me of the pertinent contributions made by Contributions, amount, date, donee: them. To the best of my knowledge, the in- 1. Self: none. Carlos Pascual, of the District of Colum- formation contained in this report is com- 2. Spouse: Timothy M. McMahon, none. bia, a Career Member of the Senior Foreign plete and accurate. 3. Children and Spouses Names: Margaret Service, Class of Minister-Counselor, to be Contributions, amount, date, donee: McMahon, none; Anthony McMahon, none. Ambassador Extraordinary and Pleni- 1. Self: Donald Yamamoto, none. 4. Parents Names: Margaret C. Peters, potentiary of the United States of America 2. Spouse: Margaret Yamamoto, none. none; Robert M. Peters none. to Ukraine. 3. Children and Spouses, names: Michael 5. Grandparents Names: Anthony Camarata Nominee: Carlos Pascual. Yamamoto, none; Laura Yamamoto, none. deceased; Mark W. Peters, deceased, Cornelia Post: Ambassador to Ukraine. 4. Parents names: Mr. & Mrs. Hideo & Lil- Camarata deceased; Margaret D. Peters de- The following is a list of all members of lian Yamamoto, none. ceased. my immediate family and their spouses. I 5. Grandparents names: Mr. and Mrs. 6. Brothers and Spouses, Names: Mark W. have asked each of these persons to inform Yamamoto, deceased; Mr. and Mrs. Peters, none. me of the pertinent contributions made by Matsuura, deceased. 7. Sisters and Spouses Names: Margaret them. To the best of my knowledge, the in- 6. Brothers and Spouses, names: Mr. Ron- Peters Fox, none, Theodore P. Fox none; formation contained in this report is com- ald Yamamoto, none. Susan P. Peters, $250, May 19/99, Rep. Anne plete and accurate. 7. Sisters and Spouses names: No Sister. Northrup (R-Ky), $500, July 2/98, GEPAC Contributions, amount, date, donee: (Rep. Anne Northrup), $200, Sept. 5/97, 1. Self: $100. John W. Limbert, of Vermont, a Career GEPAC (Rep. Anne Northrup), $50, Aug. 7/96, 2. Spouse: $100. Member of the Senior Foreign Service, Class GEPAC, $30, Sept. 5/95, GEPAC, $25, Sept. 13/ 3. Children and Spouses names: no chil- of Counselor, to be Ambassador Extraor- 94, GEPAC; Constance Peters Murphy none; dren. dinary and Plenipotentiary of the United Brian P. Murphy, $100, 1997, Tom Davis (R- 4. Parents names: none. States of America to the Islamic Republic of Va), $100, 1997, Jim Moran (D-Va); Virginia 5. Grandparents names: deceased. Mauritania. M. Peters, none; Robert A Peters Bigley, 6. Brothers and Spouses names: no broth- Nominee: John W. Limbert. none, Mark Bidley none. ers. Post: Ambassador to Mauritania. 7. Sisters and Spouses names: no sisters. The following is a list of all members of John Edward Herbst, of Virginia, a Career my immediate family and their spouses. I Member of the Senior Foreign Service, Class Sharon P. Wilkinson, of New York, a Ca- have asked each of these persons to inform of Counselor, to be Ambassador Extraor- reer Member of the Senior Foreign Service,

VerDate 11-MAY-2000 06:39 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.126 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6015 Class of Minister-Counselor, to be Ambas- S. 2804. A bill to designate the facility of the Committee on Commerce, Science, sador Extraordinary and Plenipotentiary of the United States Postal Service located at and Transportation. the United States of America to the Republic 424 South Michigan Street in South Bend, In- of Mozambique. diana, as the ‘‘John Brademas Post Office’’; THE INFANT CRIB SAFETY ACT Nominee: Sharon P. Wilkinson. to the Committee on Governmental Affairs. Mrs. FEINSTEIN. Mr. President, Post: Ambassador to Mozambique. By Mr. THOMPSON (for himself and today, I am introducing legislation de- The following is a list of all members of Mr. LIEBERMAN) (by request): signed to eliminate injuries and deaths my immediate family and their spouses. I S. 2805. To amend the Federal Property and that result from crib accidents. have asked each of these persons to inform Administrative Services Act of 1949, as While there are strict guidelines on me of the pertinent contributions made by amended, to enhance Federal asset manage- the manufacture and sale of new cribs, them. To the best of my knowledge, the in- ment, and for other purposes; to the Com- formation contained in this report is com- mittee on Governmental Affairs. there are still 25 to 30 million unsafe plete and accurate. By Mr. SARBANES (for himself and cribs sold throughout the U.S. in ‘‘sec- Contributions, amount, date, donee: Ms. MIKULSKI): ondary markets,’’ such as thrift stores 1. Self: none. S. 2806. A bill to amend the National Hous- and resale furniture stores. These cribs 2. Spouse: NA. ing Act to clarify the authority of the Sec- should be taken off the market, and ei- 3. Children and Spouses Names: NA. retary of Housing and Urban Development to ther made safe, or destroyed. 4. Parents Names: Fred Wilkinson (de- terminate mortgagee origination approval There are a number of reasons why ceased), Jeane Ann Wilkinson, none. for poorly performing mortgagees; to the 5. Grandparents Names: Deceased. Committee on Banking, Housing, and Urban unsafe cribs should be taken off the 6. Brothers and Spouses Names: Frederick Affairs. market: D. Wilkinson III, none. By Mr. BREAUX (for himself Mr. Each year, at least 45 children die 7. Sisters and Spouses Names: Dayna J. FRIST, Mr. KERREY, Mr. BOND, Mr. from injuries sustained in cribs. That Wilkinson, none. SANTORUM, Ms. LANDRIEU, Mr. is almost one child a week. ASHCROFT, and Ms. COLLINS): Owen James Sheaks, of Virginia, a Career The number of deaths from crib inci- S. 2807. A bill to amend the Social Security dents exceeds deaths from all other Member of the Senior Executive Service, to Act to establish a Medicare Prescription be an Assistant Secretary of State Drug and Supplemental Benefit Program and nursery products combined. (Verification and Compliance). (New Posi- to stabilize and improve the Over 9,000 children are hospitalized tion) Medicare+Choice program, and for other pur- each year as a result of injuries sus- Pamela E. Bridgewater, of Virginia, a Ca- poses; to the Committee on Finance. tained in cribs. reer Member of the Senior Foreign Service, By Mr. ABRAHAM (for himself, Mr. To illustrate the need for this legisla- Class of Counselor, to be Ambassador Ex- FITZGERALD, Mrs. HUTCHISON, and Mr. traordinary and Plenipotentiary of the tion, I want to share with you the GRAMS): story of Danny Lineweaver. United States of America to the Republic of S. 2808. A bill to amend the Internal Rev- Benin. enue Code of 1986 to temporarily suspend the At the age of 23 months, Danny was Nominee: Pamela E. Bridgewater. Federal fuels tax; read the first time. injured during an attempt to climb out Post: Ambassador to the Republic of By Mr. DODD (for himself and Mr. of his crib. Danny caught his shirt on a Benin. DEWINE): decorative knob on the cornerpost of The following is a list of all members of S. 2809. A bill to protect the health and his crib and hanged himself. my immediate family and their spouses. I welfare of children involved in research; to have asked each of these persons to inform Though his mother was able to per- the Committee on Health, Education, Labor, form CPR the moment she found him, me of the pertinent contributions made by and Pensions. them. To the best of my knowledge, the in- By Mr. KERRY (for himself and Mr. Danny lived in a semi-comatose state formation contained in this report is com- DEWINE): for nine years and died in 1993. This in- plete and accurate. S. 2810. A bill to amend the Consumer jury and subsequent death could have Contributions, amount, date, donee: Product Safety Act to confirm the Consumer been prevented. 1. Self: none. Product Safety Commission’s jurisdiction Since Danny’s accident, we have 2. Spouse: no spouse. over child safety devices for handguns, and 3. Children and Spouses Names: no chil- passed laws mandating safety stand- for other purposes; to the Committee on dren. ards for the manufacture of new cribs. Commerce, Science, and Transportation. 4. Parents Names: Mary E. Bridgewater, By Mr. DASCHLE (for himself and Mr. But this is not enough. $200.00, April 2000, Lawrence Davies for Con- CONRAD): There are nearly four million infants gress campaign; Joseph N. Bridgewater (de- S. 2811. A bill to amend the Consolidated born in this country each year, but ceased). Farm and Rural Development Act to make only one million new cribs sold. As 5. Grandparents Names: Rev. B.H. and communities with high levels of out-migra- Blance A. Hester (deceased); Mrs. Ethel many as half of all infants are placed tion or population loss eligible for commu- Bridgewater (deceased). in secondhand, hand-me-down, or heir- nity facilities grants; to the Committee on 6. Brothers and Spouses Names: Joseph loom cribs—cribs that are sold in thrift Agriculture, Nutrition, and Forestry. Bridgewater III (stepbrother), none; no stores or resale furniture stores. These spouse. f cribs may be unsafe, and may in fact 7. Sisters and Spouses Names: Claudia Wal- SUBMISSION OF CONCURRENT AND threaten the life of the infants placed ton (stepsister) none; Michael Walton in them. (spouse), none. SENATE RESOLUTIONS The following concurrent resolutions This legislation requires thrift stores (The above nominations were re- and retail furniture stores to remove ported with the recommendations that and Senate resolutions were read, and referred (or acted upon), as indicated: decorative knobs on the cornerposts of they be confirmed subject to the nomi- cribs before selling those cribs. nees’ commitment to respond to re- By Mr. L. CHAFEE (for himself and Mr. HELMS): Additionally, the bill prohibits hotels quests to appear and testify before any and motels from providing unsafe cribs duly constituted committee of the Sen- S. Res. 329. A resolution urging the Gov- ernment of Argentina to pursue and punish to guests, or risk being fined up to ate.) those responsible for the 1994 attack on the $1,000. f AMIA Jewish Community Center in Buenos The Infant Crib Safety Act makes INTRODUCTION OF BILLS AND Aires, Argentina; placed on the calendar. the sale of used, unsafe cribs illegal. I By Mr. LOTT: hope my colleagues will join me in put- JOINT RESOLUTIONS S. Con. Res. 125. A concurrent resolution ting a stop to preventable injuries and The following bills and joint resolu- providing for a conditional adjournment or tions were introduced, read the first recess of the Senate and a conditional ad- deaths resulting from unsafe cribs. journment of the House of Representatives; and second times by unanimous con- By Mr. BAYH (for himself and sent, and referred as indicated: considered and agreed to. f Mr. LUGAR): By Mrs. FEINSTEIN: S. 2804. A bill to designate the facil- S. 2803. A bill to provide for infant crib STATEMENTS ON INTRODUCED ity of the United States Postal Service safety, and for other purposes; to the Com- BILLS AND JOINT RESOLUTIONS mittee on Commerce, Science, and Transpor- located at 424 South Michigan Street in tation. Mrs. FEINSTEIN: South Bend, Indiana, as the ‘‘John By Mr. BAYH (for himself and Mr. S. 2803. A bill to provide for infant Brademas Post Office’’; to the Com- LUGAR): crib safety, and for other purposes; to mittee on Governmental Affairs.

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.135 pfrm01 PsN: S28PT1 S6016 CONGRESSIONAL RECORD — SENATE June 28, 2000 DESIGNATION OF THE ‘‘JOHN BRADEMAS POST ican Association for the Advancement There being no objection, the bill was OFFICE’’ of Science. He also serves on the Con- ordered to be printed in the RECORD, as ∑ Mr. BAYH. Mr. President. It is with sultants’ Panel to the Comptroller follows: great pride that I rise today to pay General of the United States. S. 2805 tribute to a good friend and a great During his long and distinguished Be it enacted by the Senate and House of Rep- man, former United States Congress- service, both as a leader in government resentatives of the United States of America in man John Brademas. I am honored to and a leader in higher education, John Congress assembled, introduce legislation designating the Brademas has provided inspiration and TITLE 1. SHORT TITLE. United States Post Office located at 424 guidance to two generations of men This Act may be cited as the ‘‘Federal South Michigan Street in South Bend, and women committed to public serv- Property Asset Management Reform Act of Indiana, as the ‘‘John Brademas Post ice and to education. I want to thank 2000’’. Office.’’ Congressman Brademas for his endur- TITLE 2. DEFINITIONS. John Brademas was born on March 2, ing contributions to the State of Indi- Section 3 of the Federal Property and Ad- 1927, in Mishawaka, Indiana, a small ministrative Services Act of 1949, as amend- ana and the nation. ed (40 U.S.C. §472), is amended by adding at town in Indiana’s third congressional Mr. President, it is my hope that the the end the following: district, which he would later represent Postal facility located at 424 South ‘‘(m) The term ‘‘landholding agency’’ for more than two decades (1959–1981). Michigan Street will soon bear the means any Federal agency that, by specific John’s father was a Greek immigrant name of my good friend and fellow Hoo- or general statutory authority, has jurisdic- restauranteur and his mother was a sier, former Congressman John tion, custody, and control over real property, Hoosier school teacher. Upon gradua- ∑ or interests therein. The ten-n does not in- Brademas. clude agencies, when they are acting as the tion from high school, John joined the sponsors of real property conveyances for Navy and soon thereafter became a By Mr. THOMPSON (for himself public benefit purposes pursuant to section Veterans National Scholar at Harvard and Mr. LIEBERMAN) (by re- 203 of the Act (40 U.S.C. 33 § 484). University, from which he graduated quest): TITLE 3. LIFE CYCLE PLANNING AND with a B.A., Magna Cum Laude, in 1949. S. 2805. To amend the Federal Prop- MANAGEMENT From 1950 to 1953, he studied as a erty and Administrative Services Act Title 11 of the Federal Property and Ad- Rhodes Scholar at Oxford University, of 1949, as amended, to enhance Federal ministrative Services Act of 1949, as amend- England, receiving the degree of Doctor asset management, and for other pur- ed, is amended by adding at the end thereof of Philosophy in Social Studies. poses; to the Committee on Govern- the following new sections: mental Affairs. ‘‘SEC. 213. (a) In accordance with the au- From 1955 to 1956, John Brademas thorities vested in the Administrator under served as Executive Assistant to the THE FEDERAL PROPERTY ASSET MANAGEMENT section 205(c) of this Act, the Administrator, late Adlai E. Stevenson, where he as- REFORM ACT OF 2000 in collaboration with the heads of affected sumed research responsibilities during ∑ Mr. THOMPSON. Mr. President, Federal agencies, shall establish and main- the 1956 Presidential campaign. Three today Senator Lieberman and I are in- tain current asset management principles to years later, John Brademas became the troducing, by request, the Federal be used as guidance by such agencies in mak- first native-born American of Greek or- Asset Management Reform Act of 2000. ing major decisions concerning the planning, acquisition, use, maintenance, and disposal igin to be elected to Congress. In the This legislation is the result of the of real and personal property assets subject House, he quickly became a leader in work of the General Services Adminis- to this Act and under the jurisdiction, cus- the areas of education, the arts and hu- tration, under the leadership of its Ad- tody and control of such agencies. manities, as well as a staunch defender ministrator David Barram, to mod- ‘‘(b) In order to accumulate and maintain a of the rights of the disabled and the el- ernize and reform the management, use single, comprehensive descriptive listing of derly. During his service on the House and disposal of the Federal govern- all Federal real property interests under the custody and control of each Federal agency, Committee on Education and Labor, ment’s real property and surplus per- the Administrator, in coordination with the Congressman Brademas was largely re- sonal property. heads of affected Federal agencies, shall col- sponsible for writing major federal leg- The Federal government owns or con- lect such descriptive information, except for islation concerning elementary and trols over 24 million acres of land and classified information, as the Administrator secondary education, higher education, facilities which have been acquired for deems will best describe the nature, use, and vocational education, as well as sup- use and operation by Federal agencies extent of the real property holdings of the in support of their missions. Since 1949, United States. For purposes of this section, port for libraries, museums, and the real property holdings include all public arts and humanities. the Federal Property and Administra- lands of the United States and all real prop- Congressman Brademas was also the tive Services Act has provided the erty of the United States located outside the chief House sponsor of the Education foundation for the management and States of the Union, to include, but not be for all Handicapped Children Act; the disposal of these properties as well as limited to the District of Columbia, Puerto Arts, Humanities, and Cultural Affairs for surplus personal property. This leg- Rico, American Samoa, Guam, the Trust Act; and the Older Americans Com- islative proposal is intended to im- Territory of the Pacific Islands and the Vir- gin Islands. To facilitate the reporting on a prehensive Services Act. In 1977, Con- prove life cycle planning and manage- uniform basis, the Administrator is author- gressman Brademas was chosen by his ment of Federal assets. ized to establish data and other information colleagues for the influential position We are introducing this proposal technology standards for use by Federal of House Majority Whip, in which he today for the purpose of encouraging agencies in developing or upgrading agency served for his last four years in office. study and comment by all interested real property infon-nation systems. Among his numerous accomplishments, parties. Key participants in the current ‘‘(c) The listing compiled pursuant to this property disposal process are state and section shall be public record; however, the Congressman Brademas was respon- Administrator is authorized to withhold sible for attaining the necessary fund- local governments, non-profit organi- infon-nation, including the location of clas- ing for the very same Post Office that zations and federal agencies. The Gov- sified facilities, when it is determined that I seek to name in his honor. ernmental Affairs Committee intends withholding such information would be in Today, Congressman Brademas is to review this legislative measure and the public interest. Nothing herein shall re- President Emeritus of New York Uni- all comments received about it to bet- quire the public release of information which versity, where he served as President ter understand what changes are desir- is exempt from disclosure pursuant to the Freedom of Information Act (5 U.S.C. §552). from 1981–1992. During that time, he led able in the management of the Federal ‘‘(d) Nothing in this section shall authorize the transition of New York University government’s billions of dollars worth the Administrator to assume jurisdiction from a regional commuter school to a of real and surplus property. The Com- over the acquisition, management, or dis- national and international research mittee expects to follow through with posal of real property not subject to this university. In addition to his respon- further legislative action in the next Act. sibilities at New York University, he is Congress. ‘‘SEC. 214. (a) Within ISO days of the effec- tive date of this section, the head of each the Chairman of the National Endow- Mr. President, I ask unanimous con- landholding agency shall appoint, or des- ment for Democracy and serves as co- sent that the full text of the Federal ignate from among persons who are employ- chairman for the Center on Science, Asset Management Reform Act of 2000 ees within such agency, a Senior Real Prop- Technology and Congress at the Amer- be printed at this point in the RECORD. erty Officer. The head of any landholding

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.083 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6017 agency who so desires may also appoint a ‘‘(b) Before applying an enhanced asset ‘‘(C) urban Indian organizations (defined as Real Property Officer for any major compo- management tool defined in section 216 to a in subparagraph (B)) when the property is to nent part of an agency, and such Real Prop- real property interest identified under sub- be used in connection with a contract or erty Officers, for the purposes of complying section (a) of this section, the head of the grant pursuant to title V of the Indian with this Act, shall report to the Senior Real agency shall determine that such application Health Care Improvement Act (25 U.S.C. 1651 Property Officer. meets all of the following criteria: et seq.). ‘‘(b) The Senior Real Property Officer for ‘‘(1) supports the goals and objectives set ‘‘(2) SECOND PRIORITY.—The needs of each each agency shall be responsible for continu- forth in the agency’s Strategic Plan required of the following entities, equally, shall be ously monitoring agency real property assets under section 3 of the Government Perform- given second priority by the agency: to: ance and Results Act of 1993, Public Law 103– ‘‘(A) State and local governments; and ‘‘(1) ensure that the management of each 62 (5 U.S.C. § 306) and the agency’s real prop- ‘‘(B) Indian tribes, tribal organizations, asset, including but not limited to its func- erty asset management plan as required in and urban Indian organizations (defined as in tional use, occupancy, reinvestment require- section 214; paragraph (1)(B)) when the property is to be ments and future utility, is fully consistent ‘‘(2) is the most economical and cost effec- used other than as described in paragraph with and supportive of the goals and objec- tive option available for the use of the real (1). tives set forth in the agency’s Strategic Plan property; and ‘‘(d) OUTLEASES.—The head of any land- required under section 3 of the Government ‘‘(3) is documented in a business plan holding agency may make available by Performance and Results Act of 1993, Public which, commensurate with the nature of the outlease agreements with other Federal Law 103–62 (5 U.S.C. §306), consistent with the selected tool, analyzes all reasonable options agencies and non-Federal entities any un- framework provided by the real property for using the property; takes into account used or underused portion of or interest in asset management principles published by applicable provisions of law including but any agency real and related personal prop- the Administrator pursuant to section 213(a) not limited to the National Environmental erty after finding that (i) there is no long- of this Act, and reflected in an agency asset Policy Act; and evidences compliance with term mission requirement for the property, management plan. The asset management the requirements of the Stewart B. McKin- but the Federal government is not permitted plan shall be prepared according to guide- ney Homeless Assistance Act, including (i) to dispose of it; or (11) there is a continuing lines issued by the Administrator, shall be describing the result of the determination by long-term mission requirement for the prop- maintained to reflect current agency pro- the Department of Housing and Urban Devel- erty to remain in Government ownership but gram and budget priorities, and be con- opment of the suitability of the property for no known agency need for the property over sistent with capital planning and program- use to assist the homeless; and (ii) explain- the term of the outlease and (iii) the use of ming guidance issued by the Office of Man- ing the rationale for the landholding agen- the real property by the lessee will not be in- agement and Budget; cy’s decision not to make the property avail- consistent with the statutory mission of the ‘‘(2) identify real property assets that can able for use to assist the homeless. landholding agency; provided that such an benefit from the application of the enhanced ‘‘SEC. 216. ENHANCED ASSET MANAGEMENT outlease transaction is conducted competi- asset management tools described in section TOOLS.— tively. ‘‘(a) INTERAGENCY TRANSFERS OR EX- 216 of this Act; ‘‘(1) OUTLEASE AGREEMENTS.—Any outlease CHANGES.—Any landholding agency may ac- ‘‘(3) ensure, in those cases where a real agreements authorized under this sub- quire replacement real property by transfer property asset can benefit from application section: or exchange of real property subject to this of an enhanced asset management tool, that ‘‘(A) shall be for a term no longer than 20 Act with other Federal agencies under terms any resulting transaction will result in a fair years; with the exception that property that mutually agreeable to the agencies involved. return on the Federal government invest- cannot be sold may be outleased for up to 35 ‘‘(b) SALES TOOREXCHANGES WITH NON- ment and protect the Federal government years provided any such agency head deter- FEDERAL SOURCES.—Any landholding agency from unreasonable financial or other risks; mination of whether property cannot be sold and may acquire replacement real property by selling or exchanging a real property asset or shall be based on criteria established by the ‘‘(4) ensure that a listing and description of Administrator; the real property assets, under the jurisdic- interests therein with any non Federal source; provided that: (1) this transaction ‘‘(B) shall result in the agency receiving tion, custody and control of that agency, in- fair market value consideration, as defined cluding public lands of the United States and does not conflict with other applicable laws governing the acquisition of interests in real by the agency head, for the asset, including property located in foreign lands, is provided cash, services, and/or in-kind consideration; to the Administrator, along with any other property by Federal agencies; (2) the agency first made the property available for transfer ‘‘(C) shall not provide a leaseback option relevant information the Administrator may to the Federal government to occupy space request, for inclusion in a govemment-wide or exchange to other Federal agencies; and (3) the transaction results in the agency re- in any facilities acquired, constructed, re- listing of all Federal real property interests paired, renovated or rehabilitated by the established and maintained in accordance ceiving fair market value consideration, as determined by the agency head, for the asset non-govemmental entity, unless the net with section 213(b) of this Act. present value, including the market value of ‘‘(c) Except as otherwise provided by Fed- sold or exchanged. ‘‘(c) SUBLEASES.—The head of any land- the land provided through the outlease, of eral law, prior to a Federal agency acquiring such an outlease and leaseback arrangement any interests in real property from any non- holding agency, by lease, permit, license or similar instrument, may make available to is less expensive for the Federal government Federal source, the Senior Real Property Of- than a simple Government-financed renova- ficer of the acquiring agency shall give first other Federal agencies and to non-Federal entities the unexpired portion of any govern- tion or construction project; provided fur- consideration to available Federal real prop- ther that any subsequent agreements to erty holdings.’’. ment lease for real property; provided that the term of any sublease shall not exceed the leaseback space in such facilities must be in TITLE 4. ENHANCED AUTHORITIES FOR unexpired portion of the term of the original accordance with the competition require- REAL PROPERTY ASSET MANAGEMENT government lease of the property and the ments of Title III of this Act (41 U.S.C. §253 SEC. 401. Title 11 of the Federal Property sublease results in the agency receiving fair et seq.) and meet the guidelines for operating and Administrative Services Act of 1949, as market rental value for the asset. Prior to leases set forth in Conference Report No. 105– amended, is amended by adding at the end subleasing to any private person or private 217, to accompany the Balanced Budget Act thereof the following new sections: sector entity, the Federal landholding agen- of 1997. ‘‘SEC. 215. CRITERIA FOR USING ENHANCED cy shall give consideration to the needs of ‘‘(D) shall provide (i) that neither the ASSET MANAGEMENT TOOLS.— the following entities with the needs of enti- United States, nor its agencies or employees, ‘‘(a) Subject to the requirements of sub- ties listed in paragraph (1) being considered shall be liable for any actions, debts or li- section (b) of this section, the head of a land- before the needs of entities listed in para- ability of the lessee, and (ii) that the lessee holding agency may apply an enhanced asset graph (2): shall not be authorized to execute and shall management tool described in section 216 of ‘‘(1) FIRST PRIORITY.—The needs of each of not execute any instrument or document this Title to a real property interest under the following entities, equally, shall be given creating or evidencing any indebtedness un- the agency’s jurisdiction, custody and con- first priority by the agency: less such instrument or document specifi- trol when the head of the agency has deter- ‘‘(A) Federal agencies; and cally disclaims any liability of the United mined that such real property interest— ‘‘(B) Indian tribes (as defined by section 4 States, and of any Federal agency or em- ‘‘(1) when used to acquire replacement real of the Indian Health Care Improvement Act ployee, thereunder; and property, is not excess property within the (25 U.S.C. 1603)), urban Indian organizations (E) may contain such other terms and con- meaning given in subsection 3(e) of this Act (as defined by that section), and tribal orga- ditions as the head of the agency making the (40 U.S.C. § 472(e)); nizations (as defined by section 4 of the In- property available deems necessary to pro- ‘‘(2) is used to fulfill or support a con- dian Self-Determination and Education As- tect the interests of the Federal government. tinuing mission requirement of the agency; sistance Act (25 U.S.C. 450b)) when the prop- ‘‘(2) ORDER OF CONSIDERATION.—In making and erty is to be used in connection with an In- property available for outlease, the land- ‘‘(3) can, by applying an enhanced asset dian self-determination contract or grant holding agency shall follow the order of con- management tool, improve the support of pursuant to the Indian Self-Determination sideration listed in subsection (c) of this sec- such mission. Act (25 U.S.C. 450f et seq.); and tion.

VerDate 11-MAY-2000 06:29 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.094 pfrm01 PsN: S28PT1 S6018 CONGRESSIONAL RECORD — SENATE June 28, 2000

‘‘(3) PREREQUISITES TO AGREEMENTS.—Prior any disposal expenses incurred, shall deposit ‘‘(b) MONETARY PROCEEDS TO AGENCY CAP- to the head of any landholding agency exe- any net proceeds in the Treasury. The Ad- ITAL ASSET ACCOUNTS.—Monetary proceeds cuting any agreement authorized under sub- ministrator of General Services retains the received by agencies from the transfer or dis- section (d) of this section which would result authority to promulgate general policies and position of real and related personal prop- in the development or major rehabilitation/ procedures for disposing of such property. erty shall be credited to an existing account renovation of Federal assets in partnership These policies and procedures shall require or an account to be established in the Treas- with a non-Federal entity, the head of such that the General Services Administration: ury to pay for the capital expenditures of the agency shall undertake an analysis of the (A) notify the agencies responsible else- particular agency making the property proposed arrangement or transaction, which where in this Act for sponsoring public ben- available, which account shall be known as provides that any Federal real property, fi- efit conveyances of the availability of excess the agency’s capital asset account. Subject nancial capital or other resources committed property as soon as it has been declared ex- to subsection (c), any amounts credited or to the transaction are not placed at unrea- cess and solicit their input on whether their deposited to such account under this section, sonable financial risk or legal jeopardy. public benefit represents the highest and along with such other amounts as may be ap- ‘‘(4) OTHER AUTHORITIES.—The authority best use of such property; propriated or credited from time to time in under this subsection shall not be construed (B) serve as the central point of contact for annual appropriations acts, shall be devoted to affect any other authority of any agency agencies, prospective donees, and the public to the sole purpose of funding that agency’s to outlease property or to otherwise make on the availability of surplus property as capital asset expenditures, including any ex- property available for any reason. soon as it has been declared surplus; penses necessary and incident to the agen- ‘‘SEC. 217. FORMS OF CONSIDERATION.—Not- (C) assure that the agencies with the au- cy’s real property capital acquisitions, im- withstanding any other provision of law, the thority to make disposal decisions give full provements, and dispositions, and such funds forms of consideration received from an en- consideration to the public benefit uses of shall remain available until expended, in ac- hanced asset management tool as described surplus Federal property in making their cordance with the agency’s asset manage- in section 216 may include cash or cash disposal decisions; and ment plan as required in Section 214, without equivalents, in-kind assets, services, or any (D) serve as a clearinghouse for informa- further authorization: Provided, That monies combination thereof. tion on all phases of the surplus property from an exchange or sale of real property, or ‘‘SEC. 218. TRANSACTIONAL REPORTS.—For disposal process, including appeals from a portion of a real property holding, under those transactions authorized under section sponsoring agencies and prospective donees subsection 216(b) of this Act shall be applied 216 involving the sale, exchange or outlease that insufficient consideration was given to only to the replacement of that property or to a non-Federal source of any asset valued public benefit donations. to the rehabilitation of the portion of that in excess of $2 million at the time of the TITLE 5. INCENTIVES FOR REAL AND real property holding that remains in Fed- transaction, the head of the landholding PERSONAL PROPERTY MANAGEMENT eral ownership.’’. agency sponsoring the transaction shall sub- IMPROVEMENT ‘‘(c) TRANSACTIONAL AND OTHER COSTS.— mit the business plan required by subsection SEC. 501. Section 204 of the Federal Prop- Agencies may be reimbursed, from the mone- 215(b)(3) to the Office of Management and erty and Administrative Services Act of 1949, tary proceeds of real property dispositions or Budget and to the appropriate Committees of as amended (40 U.S.C. § 485), is amended as from other available resources including the United States Senate and the House of follows: from the agency’s capital asset account, the Representatives at least 30 calendar days (a) in paragraph (2) of subsection (h) by full costs, direct and indirect, to the agency prior to final execution of such transaction. striking ‘‘(b)’’ and inserting in lieu thereof of disposing of such property, including but The $2 million reporting threshold in this ‘‘(c)’’, and by striking the phrase ‘‘, to the not limited to the costs of site remediation subsection may be adjusted upward or down- extent provided in appropriations Acts,’’; or other environmental services, relocating ward by the Administrator to reflect the an- (b) by revising subsection (i) to read as fol- affected tenants and occupants, advertising, nual inflation/deflation factor as determined lows: surveying, appraisal, brokerage, historic by the Department of Commerce Consumer ‘‘Federal agencies may retain from the preservation services, title insurance, docu- Price Index. proceeds of the sale of personal property ment notarization and recording services and ‘‘SEC. 219. ANNUAL REPORTS.—The head of amounts necessary to recover, to the extent the costs of managing leases and providing each landholding agency shall include a list practicable, the full costs, direct and indi- necessary services to the lessees.’’. of all transactions using enhanced asset rect, incurred by the agencies in disposing of SEC. 502. Nothing in Act shall be construed management tools under section 216 during such property including but not limited to to repeal or supersede any other provision of the previous fiscal year with the materials the costs for warehousing, storage, environ- Federal law directing the use of proceeds the agency annually submits under section mental services, advertising, appraisal, and from specific real property transactions or 3515 of Title 3 1, United States Code.’’ transportation. Such amounts shall be de- directing how or where a particular Federal SEC. 402. Section 321 of the Act of June 30, posited into an account available for such agency is to deposit, credit or use the pro- 1932, 47 Stat. 412 (40 U.S.C. § 303b), is repealed. expenses without regard to fiscal year limi- ceeds from the sale, exchange or other dis- SEC. 403. Subsection 203(b) of the Federal tations. Amounts that are not needed to pay position of Federal property except as ex- Property and Administrative Services Act of such costs shall be transferred at least annu- pressly provided for herein. 1949, as amended (40 U.S.C. § 484(b)), is ally to the general fund or to a specific ac- SEC. 503. (a) Section 2(a) of the Land and amended to read as follows: count in the Treasury as required by stat- Water Conservation Act of 1965 as amended ‘‘(b)(1) The care and handling of surplus ute.’’; (16 U.S.C. §4601–5(a)), is superseded only to personal property, pending its disposition, (c) by redesignating subsections (c), (d), the extent that the Federal Property and Ad- and the disposal of such property, may be (e), (f), (g), (h) and (i), as subsections (d), (e), ministrative Services Act of 1949, as amend- performed by the General Services Adminis- (f), (g), (h), (i) and (j), respectively; and ed, or a provision of this Act, provide for an tration or, when so determined by the Ad- (d) by striking subsections (a) and (b) and alternative disposition of the proceeds from ministrator, by the executive agency in pos- by inserting in lieu thereof the following the disposal of any surplus real property and session thereof or by any other executive subsections (a), (b), and (c): related personal property subject to this Act, agency consenting thereto. ‘‘SEC. 204. PROCEEDS FROM TRANSFER OR or the disposal of any interest therein. ‘‘(2) The responsibilities and authorities DISPOSITION OF PROPERTY— (b) Subsection 3302(b) of Title 31, United for the care and handling of surplus real and ‘‘(a)(1) AGENCY RETENTION OF PROCEEDS States Code, is superseded only to the extent related personal property, pending its dis- FROM REAL PROPERTY.—Proceeds resulting that this Act or any other Act provides for position, and for the disposal of such prop- from the transfer or disposition of real and the disposition of money received by the erty, provided to the Administrator else- related property under this Title shall be Government. where in this Act, are hereby transferred to credited to the fund, account or appropria- SEC. 504. For purposes of implementing the head of the landholding agency. The head tion of the agency which made the property Title V of this Act, the following shall apply: of the landholding agency may request the available and shall be treated as provided in (a) For fiscal years 2001 through 2005, OMB General Services Administration or any subsections (b) and (c) of this section. shall allocate by agency a prorata share of other entity to provide disposal services, as ‘‘(2) PROCEEDS FROM PERSONAL PROPERTY.— the baseline estimate of total surplus real long as the landholding agency retains the Proceeds from any transfer of excess per- property sales receipts transferred to the authority to make disposal decisions and sonal property to a Federal agency or from Land and Water Conservation Fund that agrees to reimburse the related disposal any sale, lease, or other disposition of sur- were contained in the President’s Budget for costs. The head of the affected landholding plus personal property shall be treated as Fiscal year 2001, made pursuant to section agency may also delegate the authority to prescribed in subsection (j) or permitted by 1109 of title 31 U.S. Code. OMB shall notify manage the disposal process (including re- law or otherwise. the affected agencies and Appropriation sponsibility for the related disposal costs) ‘‘(3) OTHER PROCEEDS.—All proceeds under Committees of the U.S. House of Representa- and to make disposal decisions to the Gen- this title not deposited or credited to a spe- tives and Senate in writing of this allocation eral Services Administration. In the latter cific agency account, shall be covered into within 30 days of enactment of this Act and event, the landholding agency foregoes any the Treasury as miscellaneous receipts ex- shall not subsequently revise the allocation. claim to any related disposal proceeds pursu- cept as provided in subsections (d), (e), (f), (b) On September 30 of each fiscal year, ant to section 204 of this Act and the General (g), (h), (i) and (j) of this section or per- each agency shall transfer to the Treasury Services Administration, after deducting mitted by law or otherwise. an amount equal to its allocation for that

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.096 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6019 fiscal year, out of the proceeds realized from purposes under Subchapter II of Title 49, (3) by adding a new subparagraph (C) to any sales of the agency’s surplus real prop- United States Code, shall be subject to the read as follows: erty assets during that fiscal year. requirements of this Act, and any surplus ‘‘(C) to nonprofit institutions or organiza- (c) If an agency’s actual sale proceeds in real property available for conveyance under tions which are exempt from taxation under any fiscal year are less than the amount al- that subchapter shall first be made available section 501 of Title 26, and which have for located to it by OMB for that fiscal year, the to the Administrator for disposal under this their primary function the provision of food, agency shall transfer all of its sale proceeds section, including conveyance for any public shelter, or other necessities to homeless in- to the Treasury, and its allocation for the benefit purposes, including public airport dividuals or families or individuals whose subsequent fiscal year shall be increased by use, as the Administrator, after consultation annual income is below the poverty line (as the difference. with the affected agencies, deems advis- that term is defined in section 673 of the (d) On September 30, 2005, if an agency has able.’’. Community Services Block Grant Act) for transferred less sale proceeds to the Treas- SEC. 603. Subsection 201(c) of the Federal use in assisting the poor and homeless.’’. ury than its total allocation for the five Property and Administrative Services Act of (d) Paragraph (j)(4) is renumbered (j)(3) and years, the agency shall transfer the dif- 1949, as amended (40 U.S.C. §481(c)), is revised amended as follows: ference out of any other funds available to to read as follows: (1) in subparagraph (C)(ii) by inserting be- the agency. ‘‘(c) In acquiring personal property or re- fore the period at the end thereof the fol- lated services, or a combination thereof, any lowing: ‘‘: Provided, That such requirement TITLE 6. STREAMLINED AND ENHANCED executive agency, under regulations to be shall not apply to property identified by the DISPOSAL AUTHORITIES prescribed by the Administrator, subject to Administrator in subparagraph (E) of this SEC. 601. (a) Section 203 of the Federal regulations prescribed by the Administrator paragraph as property for which no terms, Property and Administrative Services Act of for Federal Procurement Policy pursuant to conditions, reservations, or restrictions shall 1949, as amended (40 U.S.C. §484), is amended the Office of Federal Procurement Policy be imposed.’’; in paragraph (k)(3) as follows— Act (41 U.S.C. §401 et seq.), may exchange or (2) by deleting subparagraph (E) and insert- (1) by striking ‘‘or municipality’’ and in- sell personal property and may apply the ex- ing the following new paragraph: serting in lieu thereof ‘‘municipality, or change allowance or proceeds of sale in such ‘‘(E) The State plan of operation shall pro- qualified nonprofit organization established cases in whole or in part payment for similar vide that the State agency may impose rea- for the primary purpose of preserving his- property or related services, or a combina- sonable terms, conditions, reservations, and toric monuments’’; and tion thereof, acquired: Provided, That any restrictions on the use of property to be do- (2) by inserting after the first sentence transaction carried out under the authority nated under paragraph (2) of this subsection ‘‘Such property may be conveyed to a non- of this subsection shall be evidenced in writ- and shall impose such terms, conditions, res- profit organization only if the State, polit- ing. Sales of property pursuant to this sub- ervations, and restrictions as required by the ical subdivision, instrumentalities thereof, section shall be governed by subsection 203(e) Administrator. The Administrator shall de- and municipality in which the property is lo- of this title, and shall be exempted from the termine the condition, age, value, or cost of cated do not request conveyance under this provisions of section 5 of Title 41.’’. property for which no terms, conditions, res- section within thirty days after notice to SEC. 604. Subsection 202(h) of the Federal ervations or restrictions shall be imposed them of the proposed conveyance by the Ad- Property and Administrative Services Act of and for property so identified, title shall pass ministrator to that nonprofit organization.’’. 1949, as amended (40 U.S.C. §483(h)), is amend- to the recipient immediately upon transfer (b) Section 203 of the Federal Property and ed to read as follows: by the State agency. If the Administrator Administrative Services Act of 1949, as ‘‘(h) The Administrator may authorize the finds that an item or items have characteris- amended (40 U.S.C.§484), is amended by revis- abandonment, destruction, or other disposal tics that require special handling or use lim- ing paragraph (k)(4)(C) to read as follows— of property which has no commercial value itations, the Administrator may impose ap- ‘‘(C) the Secretary of the Interior, in the or of which the estimated cost of continued propriate conditions on the donation of such case of property transferred pursuant to the care and handling would exceed the esti- property.’’. surplus Property Act of 1944, as amended, mated fair market value.’’. (e) Paragraph (j)(5) is renumbered (j)(4). and pursuant to this Act, to States, political SEC. 605. Subsection 203(j) of the Federal SEC. 606. (a) Section 501 of the Stewart B. subdivisions, and instrumentalities thereof, Property and Administrative Services Act of McKinney Homeless Assistance Act, as and municipalities for use as a public park or 1949, as amended (40 U.S.C. §484(j)), is further amended, and as codified at section 11411 of public recreation area, and to State, polit- amended as follows: title 42, United States Code, is amended as ical subdivisions, and instrumentalities (a) Paragraph (j)(1) is amended— follows: thereof, municipalities, and nonprofit orga- (1) by striking the phrase ‘‘the fair and eq- (1) in the first sentence of subsection (a), nizations for use as an historic monument uitable distribution, through donation,’’ and by inserting before the period the following: for the benefit of the public; or’’. inserting in lieu thereof ‘‘donation on a fair ‘‘, and that have not been previously re- SEC. 602. (a) Section 203 of the Federal and equitable basis’’; and ported on by an agency under this sub- Property and Administrative Services Act of (2) by striking ‘‘paragraphs (2) and (3)’’ and section’’; 1949, as amended (40 U.S.C. §484), is amended inserting in lieu thereof ‘‘paragraph (2)’’. (2) in the second sentence of subsection (a), in subsection (e) as follows— (b) Paragraph (j)(2) is deleted. by inserting after ‘‘to the Secretary’’ the fol- (1) by striking subparagraphs (3)(A), (3)(B), (c) Paragraph (j)(3) is renumbered (j)(2) and lowing: ‘‘, which shall not include informa- (3)(C) and (3)(E); amended as follows: tion previously reported on by an agency (1) by deleting the introductory paragraph (2) by redesignating subparagraph (3)(D) under this subsection’’; and inserting in lieu thereof the following: (3) in subsection (b)(1), (c)(1)(A), and and subparagraphs (3)(F) through (3)(I), as ‘‘(2) The Administrator shall, pursuant to subparagraphs (3)(A) through (3)(E), respec- (c)(2)(A), by striking ‘‘45’’ and inserting ‘‘30’’; criteria which are based on need and utiliza- (4) in subsection (c)(1)(A)(i), by inserting tively; tion and established after such consultation after ‘‘(a)’’ the following: ‘‘that have not (3) by amending redesignated subparagraph with State agencies as is feasible, allocate been previously published’’; (3)(E) to read as follows: surplus personal property among the States (5) in subsection (c)(1)(A)(ii), by inserting ‘‘(E) otherwise authorized by this Act or on a fair and equitable basis, taking into ac- after ‘‘properties’’ the following: ‘‘which other law or with respect to personal prop- count the condition of the property as well have not been previously published’’; erty deemed advantageous to the Govern- as the original acquisition cost thereof, and (6) by striking subsections (c)(1)(D) and ment.’’; and transfer to the State agency property se- (c)(4); (4) by amending subparagraph (6)(A) to lected by it for purposes of donation within (7) in subsections (d)(1) and (d)(2), by strik- read as follows: the State—’’; ing ‘‘60 and inserting ‘‘90’’; ‘‘(6)(A) An explanatory statement shall be (2) in subparagraph (B) by— (8) in subsection (d)(4)(A), by striking prepared of the circumstances of each dis- (A) deleting ‘‘providers of assistance to ‘‘after the 60–day period described in para- posal by negotiation of any real property homeless individuals, providers of assistance graph (1) has expired.’’ and inserting ‘‘during that has an estimated fair market value in to families or individuals whose annual in- the 90–day period described in paragraph excess of the threshold value for which comes are below the poverty line (as that (1).’’ and by striking the remainder of the transactional reports are required under Sec- term is defined in section 673 of the Commu- paragraph; tion 218.’’; and nity Services Block Grant Act),’’; (9) in subsection (e)(3), by inserting the fol- (5) by deleting subparagraphs (6)(C) and (B) striking out ‘‘schools for the mentally lowing sentence immediately after the first (6)(D). retarded, schools for the physically handi- sentence: ‘‘The Secretary of Health and (b) Section 203 of the Federal Property and capped’’ and by inserting in lieu thereof Human Services shall give a preference to Administrative Services Act of 1949, as ‘‘schools for persons with mental or physical applications that contain a certification that amended, is further amended by adding to disabilities’’; their proposal is consistent with the local the end thereof the following new subsection: (C) striking the word ‘‘and’’ before ‘‘librar- Continuum of Care strategy for homeless as- ‘‘(s) The authority of any department, ies’’; and sistance.’’; agency, or instrumentality of the executive (D) inserting ‘‘and educational activities (10) in subsection (h) heading, by striking branch or wholly owned Government cor- identified by the Secretary of Defense as ‘‘APPLICABILITY TO PROPERTY UNDER poration to convey or give surplus real and being of special interest to the Armed Serv- BASE CLOSURE PROCESS’’ and inserting related personal property for public airport ices,’’ following the word ‘‘region,’’; and ‘‘EXEMPTIONS’’; and

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.098 pfrm01 PsN: S28PT1 S6020 CONGRESSIONAL RECORD — SENATE June 28, 2000 (11) in subsection (h), by adding the fol- By Mr. SARBANES (for himself origination privileges of three major lowing new paragraph at the end: and Ms. MIKULSKI): lenders that account for 40% of early ‘‘(3) The provisions of this section shall not S. 2806. A bill to amend the National defaults and claims. apply to buildings and property that are— Housing Act to clarify the authority of The legislation accounts for differing (A) in a secured area for national defense purposes; or the Secretary of Housing and Urban regional economies by ensuring that (B) inaccessible by road and can be reached Development to terminate mortgagee lenders are only compared to others only by crossing private property.’’. origination approval for poorly per- making loans in the same community. (b) Within 30 days of the date of enactment forming mortgagees; to the Committee It also provides a manner by which ter- of this section, the Secretary of Housing and on Banking, Housing, and Urban Af- minated lenders may appeal the deci- Urban Development shall survey landholding fairs. sion of the FHA, if they believe there agencies to determine whether the properties CREDIT WATCH ACT OF 2000 are mitigating factors that may justify included in the last comprehensive list of ∑ Mr. SARBANES. Mr. President, higher rates. properties published pursuant to section When lenders make loans with no re- 501(c)(1)(A) of the Stewart B. McKinney today I am introducing, ‘‘Credit Homeless Assistance Act remain available Watch,’’ a bill that will authorize the gard for the consumer or the health of for application for use to assist homeless. Federal Housing Administration (FHA) the community, the FHA must be able The Secretary shall publish in the Federal to identify lenders who have exces- to take action in a timely manner. Register a list of all such properties. Such sively high early default and claim This practice is a costly abuse of the properties shall remain available for applica- rates and terminate their origination FHA insurance fund. Quick action not tion for use to assist the homeless in accord- approval. This legislation is necessary only protects the health of the Mutual ance with sections 501(d) and 501(e) of such Mortgage Insurance (MMI) fund, but it Act (as amended by subsection (a) of this to protect the FHA fund and take ac- tion against lenders who are contrib- protects neighborhoods from the detri- section) as if such properties had been pub- mental effects of high vacancy rates lished under section 501(c)(1)(A)(ii) of such uting to the deterioration of our neigh- Act. borhoods. and consumers from the pain of fore- closure and serious damage to their TITLE 7. MISCELLANEOUS A recent rash of FHA loan defaults credit. SEC. 701. SCOPE AND CONSTRUCTION.—The have led to foreclosures and vacant properties in a number of cities around Lenders that offer loans to individ- authorities granted by this Act to the heads uals who cannot afford them should of Federal agencies for the management of the country. In Baltimore, the effects not be able to continue making those real and personal property and the conduct of high foreclosure rates are acute. In loans. It is a bad deal for taxpayers. It of transactions involving such property, in- some neighborhoods, there are numer- is a bad deal for neighborhoods. It is a cluding the disposition of the proceeds there- ous foreclosed homes, now abandoned, bad deal for the families who take out from, shall be in addition to, and not in lieu within just a few blocks of each other. of, any authorities provided in any law exist- the loan. ing on the date of enactment hereof. Except This can often be the beginning of a Credit Watch is an effective and effi- as expressly provided herein, nothing in this neighborhood’s decline. It creates a cient way that the FHA can prevent Act shall be construed to repeal or supersede perception that the property and the these unfortunate foreclosures from any such authorities. neighborhood is not highly valued. In happening. While we need to address SEC. 702. SEVERABILITY.—Although this Act turn, these neighborhoods become the larger issue of predatory lending in is intended to be integrated legislation, physically deteriorated and often at- should any portion or provision of this Act our communities, ‘‘Credit Watch’’ is an tract criminal activity. obvious and immediate solution to one be found to be invalid or otherwise unen- It’s like a rotten apple in a barrel. forceable by a court of competent jurisdic- part of the problem.∑ tion, such portion or portions of this Act The rundown appearance of one home shall be considered independent and sever- spreads to the surrounding neighbor- By Mr. BREAUX (for himself, Mr. able for all other provisions of this Act and hood. Neighborhoods that are strug- FRIST, Mr. KERREY, Mr. BOND, such invalidity shall not, by itself, invali- gling to stabilize and revitalize find Mr. SANTORUM, Ms. LANDRIEU, date any other provisions of this Act, which their efforts undermined by the pres- Mr. ASHCROFT, and Ms. COL- remaining provisions shall have the full ence of abandoned homes. LINS): force and effect of law. The Department of Housing and S. 2807. A bill to amend the Social Se- SEC. 703. JUDICIAL REVIEW.—Any deter- Urban Development (HUD), community curity Act to establish a Medicare Pre- mination or any asset management decision activists, and local law makers have by an authorized agency official to transfer, scription Drug and Supplemental Ben- outlease, sell, exchange or dispose of Federal come together to examine the loans efit Program and to stabilize and im- real property or an interest therein in ac- being made in neighborhoods with high prove the Medicare+Choice program, cordance with applicable law shall be at the foreclosure rates. and for other purposes; to the Com- sole discretion of the authorized agency offi- In Baltimore and other cities, these mittee on Finance. cial and shall not be the basis of any suit, groups found that careless lenders are MEDICARE PRESCRIPTION DRUG AND claim or action. offering FHA insured loans to families MODERNIZATION ACT OF 2000 SEC. 704. NO WAIVER.—Nothing in this Act who cannot afford to pay them back. ∑ Mr. FRIST. Mr. President, I am should be construed to limit or waive any Early default or claim of these loans right, remedy, immunity, or jurisdiction of pleased to be here today to join Sen- any Federal agency or any claim, judgement, frequently leads to foreclosure of the ators BREAUX, KERREY, BOND, lien or benefit due the United States of home. A foreclosed property can easily SANTORUM, LANDRIEU, ASHCROFT, and America. turn into an uninhabited home, which COLLINS in introducing the ‘‘Medicare SEC. 705. EFFECTIVE DATE.—This Act and can either begin or continue a cycle of Prescription Drug and Modernization the amendments made by its provisions shall decline. Act of 2000’’—a truly bipartisan effort be effective upon enactment except as other- In an effort to reduce the number of to address the real need to provide sen- wise specifically provided for herein.∑ loans that end in foreclosure, the FHA iors the prescription drugs they de- ∑ Mr. LIEBERMAN. Mr. President, developed several new oversight meth- serve and strengthen and improve the today, along with Senator THOMPSON, I ods. One of which is ‘‘Credit Watch.’’ Medicare program overall. am introducing a bill at the request of ‘‘Credit Watch’’ is an automated sys- Last fall, I introduced the ‘‘Medicare the administration to amend the Fed- tem that compares the number of early Preservation and Improvement Act of eral Property and Administrative Serv- foreclosures and claims of lenders in 1999’’, with Senators BREAUX, KERREY, ices Act of 1949. The bill is designed to the same area. This legislation author- and HAGEL. This was the first bipar- improve the federal government’s role izes FHA to revoke the origination ap- tisan attempt to comprehensively re- in managing both its personal and real proval of lenders who have signifi- form Medicare in the program’s 35 year property. By granting agencies en- cantly higher rates of early defaults history. When Medicare was first en- hanced tools to handle their assets, the and claims than the other lenders in acted in 1965, it had the goal of pro- bill’s goal is to bring federal asset man- the same area. FHA is currently tar- viding seniors necessary acute health agement into the 21st century. I invite geting lenders with default rates over care that would otherwise have been comments on the administration’s pro- 300% of the area average. They esti- unaffordable. However today’s health posal and look forward to reviewing mate that in Baltimore this threshold care delivery systems are far more ad- them.∑ would allow them to terminate the vanced than the program’s creators

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.101 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6021 ever imagined. Our goal over the past prostate screening and only because a than 25 percent, and all beneficiaries, year was to create an atmosphere for new law was passed to allow it. regardless of income, will receive a 25% further discussion on ways to strength- The very fact that Congress must premium subsidy. Since 39 percent of en and improve the Medicare program, past such laws illustrates perfectly the beneficiaries below 150 percent of pov- including proposals for an outpatient problem with a heavily micro-managed erty have no drug coverage, this provi- prescription drug benefit. Today, we system. No government program can sion alone will provide comprehensive take the first step in the right direc- possibly keep up with the increasingly drug coverage for over 5 million seniors tion—a direction to bring Medicare in rapid rate at which new drugs and and individuals with disabilities. line with the benefits and delivery sys- technologies are brought to the mar- We also address the high costs of tems commonplace in the 21st century ket. As a physician, I know that today, drugs by ensuring that no beneficiary today. more than ever, access to lifesaving will ever pay retail prices for prescrip- Building on last year’s bill and the drugs and technology as they become tion drugs again. We do this through a findings of the Bipartisan Commission available is the key to providing qual- prescription drug discount card pro- on the Future of Medicare, the ‘‘Medi- ity health care, and we must modernize gram that passes on price discounts ne- care Prescription Drug and Moderniza- Medicare to meet these demands. gotiated between pharmaceutical com- tion Act of 2000’’ takes the first steps The need to modernize Medicare has panies and insurers to beneficiaries. towards long-term Medicare reform never been more apparent. The meas- For example, today a senior may pay while adding a much needed outpatient ures included in the ‘‘Medicare Pre- $100 for a particular drug. Under the prescription drug benefit to the pro- scription Drug and Modernization Act ‘‘Medicare Prescription Drug and Mod- gram. Unlike in 1965, prescription of 2000’’ will provide seniors the option ernization Act of 2000’’, this senior drugs are integral to the delivery of to choose the kind of health care cov- would have access to the insurers nego- health care and treating diseases prev- erage that best suit their individual tiated rate of $70, but then would also alent among the elderly population. We needs, including enhanced benefits, receive an even further discount must include a prescription drug ben- outpatient prescription drug coverage, through coinsurance, reducing the efit in the Medicare system. However, and protections against high out-of- total price of the drug by over 60 per- we must also address some of the other pocket drug costs. cent down to just $35. problems facing Medicare. The ‘‘Medicare Prescription Drug and The ‘‘Medicare Prescription Drug and For instance, we must recognize the Modernization Act of 2000’’ establishes Modernization Act of 2000’’ modernizes need to update the total benefit pack- that Competitive Medicare Agency Medicare by establishing a new com- age and increase the flexibility of the (CMA), an independent, executive- petitive system under Medicare+Choice program. Today’s Medicare coverage is branch agency to spearhead an ad- where plans bid for the costs of deliv- inadequate, covering only 53 percent of vanced level of Medicare management ering care and compete with tradi- beneficiary’s average health costs, and and oversight—leaving behind the in- tional Medicare based on benefits, still does not include coverage for transigent bureaucracy and outdated price, and quality so that beneficiaries many preventive services, eyeglasses, mindset infecting the program and in- receive the highest-quality, affordable or dental care, much less prescription stead guaranteeing seniors choice, health care possible. Under this new drugs. health care security, and improved system, plans are allowed maximum Medicare is also facing a doubling of benefits and delivery of care. Modeled flexibility to reduce current bene- beneficiaries over the coming decades. after the Social Security Administra- ficiary Part B premiums and cost-shar- Today, there are 39 million Medicare tion, the CMA functions in a manner ing as well as offer new and additional beneficiaries, but within the next 10 similar to the Office of Personnel Man- benefits to beneficiaries, including out- years, 77 million baby boomers will agement, which has a 40-year track patient prescription drug coverage. Finally, the ‘‘Medicare Prescription begin entering the program. Our abil- record of success in providing quality Drug and Modernization Act of 2000’’, ity to effectively respond to this in- comprehensive health coverage for the for the first time in Medicare’s history creased demand is further limited by millions of federal employees and their provides lawmakers and the public a the declining number of workers pay- families through the Federal Employ- better measure for evaluating Medi- ing payroll taxes, which fund Medicare ees Health Benefits Program. care’s financial health and establishes obligations each year, as the number of Vital to this bill is the Prescription strong reporting requirements for the workers per retiree has continued to Drug and Supplemental Benefit Pro- Medicare program as a whole. gram that provides beneficiaries out- decline, from 4.5 in 1960 to 3.9 today. Medicare must be modernized to pro- patient prescription drugs and other This figure is expected to further de- vide seniors integrated health care cline to 2.8 in 2020. additional benefits through new Medi- choices, including outpatient prescrip- We all know that Medicare spending care Prescription Plus plans offered by tion drug coverage. This afternoon my consumes much of the federal budget. private entities or through colleagues and I have moved beyond But this will only get worse. Currently Medicare+Choice plans. The drug ben- the demagoguery and disinformation absorbing nearly 12 percent of the fed- efit will provide, at a minimum, a campaigns and have come together to eral outlays, Medicare will balloon to standard prescription drug package propose bipartisan legislation that bal- 25 percent of the federal budget by 2030. consisting of a $250 deductible, 50 per- ances the very real need for outpatient The program, which relies on general cent cost-sharing up to $2,100, and stop- prescription drug coverage with the revenues to pay for close to 40 percent loss protection at $6,000. Seniors are need for meaningful modernizations. of total program expenditures today, guaranteed this minimum benefits, but By moving forward on this legislation, will continue to use an increasing also have the choice of other drug ben- I believe we can truly provide choice share of general revenues, leaving efit packages. I recognize more than and security for our Medicare bene- fewer and fewer federal dollars avail- anyone that a one-size-fits-all approach ficiaries to ensure their individual able to support other federal programs. to health care does not work. It is im- health care needs are met, today and Finally, with over hundred thousand portant to pass along the same choices well into the future.∑ pages of HCFA regulations governing we, as members of Congress, have, Sen- Medicare, the program has become so iors deserve no less. By Mr. DODD (for himself and bloated and heavily micro-managed We ensure that low-income bene- Mr. DEWINE): that it cannot adopt to the daily ad- ficiaries receive necessary drug cov- S. 2809. A bill to protect the health vances in medicine and health care de- erage by providing premium subsidies. and welfare of children involved in re- livery. Even when life-saving diag- Beneficiaries below 135 percent of pov- search; to the Committee on Health, nostic tests become available, such as a erty, beneficiaries receive a 100 percent Education, Labor, and Pensions. breakthrough prostate cancer-screen- premium subsidy and 95 percent of all CHILDREN’S RESEARCH PROTECTION ACT ing test that came on the market in cost-sharing. Beneficiaries between Mr. DODD. Mr. President, I rise the early 1990s, it takes years before 135% and 150 percent of poverty receive today with my colleague from Ohio, they can be approved. Medicare has premium subsidiaries on a sliding scale Senator DEWINE, to introduce impor- only recently begun reimbursing for from a much as 100 percent to no less tant legislation to enhance the safety

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.090 pfrm01 PsN: S28PT1 S6022 CONGRESSIONAL RECORD — SENATE June 28, 2000 of our children. The Children’s Re- and Drug Administration, but funded (4) Children are a vulnerable population search Protection Act will strengthen by private pharmaceutical companies, and thus need additional protections for protections for children participating is not required to comply with the ad- their involvement in research relative to in research and also increase the num- ditional children’s protections, al- adults. Yet, current Federal guidelines for the protection of children involved in re- ber researchers expert in pediatric though many pharmaceutical compa- search have not been updated since 1981, do pharmacology. nies do so voluntarily.) not currently apply to Food and Drug Ad- Three years ago, Senator DEWINE and (3) Requiring the 15 federal agencies ministration-regulated research that is not I were successful in enacting legisla- that don’t currently have special Federally funded, and have not been adopted tion to reverse a troubling statistic— guidelines for children’s research to de- by all Federal agencies that conduct re- the fact that only 20 percent of drugs velop them within 12 months. search involving children. on the market have been tested specifi- (4) Asking the Secretary of HHS to (5) Currently, in the United States, there is cally for their safety and efficacy in review the adequacy of the IRB (Insti- a shortage of pharmacologists trained to ad- children. Our legislation, The Better tutional Review Board) process for pro- dress the unique aspects of developing thera- pies for children. There are fewer than 200 Pharmaceuticals for Children Act, for tecting children in clinical trials and to report to Congress within 6 months academic-based clinical pharmacologists in the first time provided a incentive for the United States, of which 20 percent or drug companies to test their products on the question of whether we should fewer are pediatricians. Currently, only 20 for use with children. The results of have a national board(s) to review ad- physicians complete clinical pharmacology that legislation have been over- verse events arising out of research on specialty training programs each year, and whelming. In the 2 years since this ini- children. of these, only 2 or fewer specialize in pedi- tiative was started, drug manufactur- (5) Increasing the number of re- atric pharmacology. ers have launched more than 300 new searchers that are experts in con- (b) PURPOSES.—It is the purpose of this Act ducting drug research with children by to— pediatric studies of 127 drugs. In con- (1) ensure the adequate and appropriate trast, in the 5 years prior to enactment providing grants for fellowship training and creating a loan repayment pro- protection of children involved in research of our legislation, the industry con- by— gram for pediatric drug researchers. ducted only 11 pediatric safety studies (A) reviewing and updating as needed the for drugs already on the market—11 Only 20 physicians complete clinical Federal regulations that provide additional studies in five years versus over 300 in pharmacology speciality training pro- protections for children participating in re- grams each year—of these, only 2 or just 2 years. The most immediate con- search as contained in subpart D of part 45 of fewer specialize in pediatric pharma- title 46, Code of Federal Regulations; sequence of this surge in the industry’s cology. (B) extending such subpart D to all re- interest in testing their products in We still have a long way to go to search regulated by the Secretary of Health children is the rapid increase in the make sure that children are not an and Human Services; and number of children being signed up to afterthought when it comes to drug re- (C) requiring that all Federal agencies participate in research studies—more search, but we can start by making adopt regulations for additional protections for children involved in research that is con- than 18,000 children will eventually be sure that when they volunteer to help needed just for the 300 trials that have ducted, supported, or regulated by the Fed- other children by participating in re- eral Government; and been proposed so far. search, their safety is paramount. This While we’re thrilled with the success (2) ensure that an adequate number of pedi- measure prescribes a strong dose of atric clinical pharmacologists are trained of our legislation, it has forced us to safety for our children. It provides and retained, in order to meet the increased take a hard look at the adequacy of the critically important safeguards and demand for expertise in this area created by safety protections for children partici- protections when it comes to pediatric the pediatric studies provisions of the Food pating in research. All experimental medicine testing, allowing us to in- and Drug Administration Modernization Act treatments, by their very nature, con- (Public law 105-115), so that all children have crease our knowledge of children’s tain some risk. Research involving access to medications that have been ade- medication without increasing the dan- children is no exception. Yet, despite quately and properly tested on children. ger to children. the risks, each year thousands of par- (c) DEFINITION.—In this Act, the term ‘‘pe- I am pleased to join Senator DEWINE diatric clinical pharmacologist’’ means an ents agree to allow their children to in this effort and I look forward to individual— participate in a clinical trial, either in working with my colleague to pass this (1) who is board certified in pediatrics; and hopes of improving their own health or legislation. (2) who has additional formal training and the health of other children. In doing I ask unanimous consent that the at- expertise in human pharmacology. so, they place their trust in the exper- tached letters and a copy of the bill be SEC. 3. REVIEW OF REGULATIONS. tise and ethics of the researchers and printed in the RECORD. (a) REVIEW.—By not later than 6 months in strong oversight by the federal gov- There being no objection, the mate- after the date of enactment of this Act, the ernment. The vast majority of the time rials were ordered to be printed in the Secretary of Health and Human Services shall have conducted a review of the regula- that trust is well-founded. But recent RECORD, as follows: isolated incidents involving children tions under subpart D of part 45 of title 46, S. 2809 Code of Federal Regulations, considered any harmed during clinical trials, as well Be it enacted by the Senate and House of Rep- modifications necessary to ensure the ade- as increasing concerns about the ade- resentatives of the United States of America in quate and appropriate protection of children quacy of federal oversight for clinical Congress assembled, participating in research, and report the trials, generally point to the need to SECTION 1. SHORT TITLE. findings of the Secretary back to Congress. proactively address the issue of the This Act may be cited as the ‘‘Children’s (b) AREAS OF REVIEW.—In conducting the safety of children in research. Research Protection Act’’. review under subsection (a), the Secretary of It is that need to be proactive that SEC. 2. FINDINGS, PURPOSES, AND DEFINITION. Health and Human Services shall consider— has led Senator DEWINE and I to intro- (a) FINDINGS.—Congress makes the fol- (1) the appropriateness of the regulations duce the Children’s Research Protec- lowing findings: for children of differing ages and maturity (1) Children are the future of the Nation levels, including legal status; tion Act. This legislation will address and the preservation and improvement of (2) the definition of ‘‘minimal risk’’ and critical safety issues in children’s re- child health is in the national interest. the manner in which such definition varies search by: (2) The preservation and improvement of for a healthy child as compared to a child (1) Requiring the Secretary of Health child health may require the use of pharma- with an illness; and Human Services (HHS) to review ceutical products. (3) the definitions of ‘‘assent’’ and ‘‘permis- the current regulations for the protec- (3) Currently only 1 out of 5 drugs on the sion’’ for child clinical research participants tion of children participating in re- market in the United States have been ap- and their parents or guardians and of ‘‘ade- search and to clarify and update them proved for use by children. The enactment of quate provisions’’ for soliciting assent or to ensure the highest standards of safe- the provisions of the Food and Drug Admin- permission in research as such definitions re- istration Modernization Act (Public Law 105- late to the process of obtaining the informed ty. 115) relating to pediatric studies of drugs, consent of children participating in research Requiring that all HHS funded and however, is expected to increase the pedi- and the parents or guardians of such chil- regulated research comply with these atric testing of pharmaceuticals and thus to dren; strengthened federal protections. (Cur- increase the numbers of children involved in (4) the definitions of ‘‘direct benefit to the rently research overseen by the Food research. individual subjects’’ and ‘‘generalizable

VerDate 11-MAY-2000 06:48 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.093 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6023 knowledge about the subject’s disorder or grant to enable the grantee to fund at least fine protections so that our children will be condition’’; 1 fellow each year for a 3-year period, at a offered the safest environment possible dur- (5) whether or not payment (financial or total of $100,000 per fellowship per year. ing research efforts. Furthermore, the par- otherwise) may be provided to a child or his (c) AUTHORIZATION OF APPROPRIATIONS.— ents and guardians of our children need to or her parent or guardian for the participa- For the purpose of carrying out this section, have every advantage and possible oppor- tion of the child in research, and if so, the there are authorized to be appropriated such tunity afforded them so they can more fully amount and type given; sums as may be necessary for each fiscal understand the experimental nature of any (6) the expectations of child research par- year. research before giving consent. I am particularly excited that there are ticipants and their parent or guardian for SEC. 6. LOAN REPAYMENT PROGRAM REGARDING the direct benefits of the child’s research in- CLINICAL RESEARCHERS. provisions in this bill to help increase the volvement; Part G of title IV of the Public Health number of pediatric clinical pharmacologists (7) safeguards for research involving chil- Service Act is amended by inserting after and clinical investigators. This action will dren conducted in emergency situations with section 487E (42 U.S.C. 288–5) the following: strengthen the quality of research and treat- a waiver of informed assent; ment prescribed for children. ‘‘SEC. 487F. LOAN REPAYMENT PROGRAM RE- In closing, this bill helps reach a goal of (8) parent and child notification in in- GARDING PEDIATRIC PHARMA- optimal health therapy for our children. As stances in which the regulations have not COLOGY. always, I appreciate the hard work and time been complied with; ‘‘(a) IN GENERAL.—The Secretary, acting that has been expended to bring this issue (9) compliance with the regulations in ef- through the Director of the National Insti- forward for legislative action. Thank you. fect on the date of enactment of this Act, the tutes of Health, shall establish a program to Sincerely, monitoring of such compliance, and enforce- enter into contracts with qualified individ- SHEILA S. MULVEY. ment actions for violations of such regula- uals who hold an M.D. under which such indi- tions; and viduals agree to undergo training in, and May 1, 2000. (10) the appropriateness of current prac- practice, pediatric pharmacology, in consid- TO WHOM IT MAY CONCERN: My name is tices for recruiting children for participation eration of the Federal Government agreeing David Krol and I am a pediatrician in New in research. to repay, for each year of service as a pedi- Haven, Connecticut and a recent graduate of (c) CONSULTATION.—In conducting the re- atric pharmacologist, not more than $35,000 pediatric residency training. I am writing in view under subsection (a), the Secretary of of the principal and interest of the edu- support of the Children’s Research Protec- Health and Human Services shall consult cational loans of such individuals. tion Act. As both a practicing pediatrican broadly with experts in the field, including ‘‘(b) APPLICATION OF PROVISIONS.—The pro- and a child health researcher I am very in- pediatric pharmacologists, pediatricians, visions of sections 338B, 338C, and 338E shall, terested in studies that can improve the bioethics experts, clinical investigators, in- except as inconsistent with subsection (a) of lives of children. These studies, however, stitutional review boards, industry experts, this section, apply to the program estab- need to keep in mind the unique biology of and children who have participated in re- lished under subsection (a) to the same ex- children as well as the developmental needs search studies and the parents or guardians tent and in the same manner as such provi- of those who would participate in these stud- of such children. sions apply to the National Health Service ies. Children are most definitely a unique (d) CONSIDERATION OF ADDITIONAL PROVI- Corps Loan Repayment Program established population and require protections in the re- SIONS.—In conducting the review under sub- in subpart III of part D of title III. search environment that are adequate, ap- section (a), the Secretary of Health and ‘‘(c) FUNDING.— propriate, and different from adults. I am Human Services shall consider and, not later ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— pleased to see that the Children’s Research than 6 months after the date of enactment of For the purpose of carrying out this section, and Protection Act addresses these issues. this Act, report back to Congress there are authorized to be appropriated such In addition, as a recent graduate from concerning— sums as may be necessary for each fiscal medical school with a debt burden hovering (1) whether the Secretary should establish year. near $90,000, I am very aware of the difficult national data and safety monitoring boards ‘‘(2) AVAILABILITY.—Amounts appropriated decision that many medical school graduates to review adverse events associated with re- for carrying out this section shall remain face in choosing a specialty. It can be a very search involving children; and available until the expiration of the second difficult decision to pursue further training (2) whether the institutional review board fiscal year beginning after the fiscal year for and postpone the reduction of the significant oversight of clinical trials involving children which the amounts were made available.’’. debt many of us face. Those who pursue pedi- is adequate to protect the children. SEC. 7. EFFECTIVE DATE. atric subspecialty training, including pedi- SEC. 4. REQUIREMENT FOR ADDITIONAL PRO- The provisions of sections 5 and 6 shall atric pharmacologists, are no exception to TECTIONS FOR CHILDREN IN- this fact. I am very happy to see that the VOLVED IN RESEARCH. take effect on the date that is 6 months after the date of enactment of this Act. Children’s Research Protection Act provides (a) IN GENERAL.—Notwithstanding any both funding for pediatric pharmacology po- other provision of law, not later than 6 sitions and loan repayment for those who May 1, 2000. months after the date of enactment of this would choose to further their education in DEAR SENATOR DODD, I am addressing you Act, the Secretary of Health and Human such an important and rewarding specialty. I today in support of proposed senate bill, Services shall require that all research in- hope we can extend this opportunity to all AAC: ‘‘Children’s Research Protection Act’’ volving children that is conducted, sup- who pursue pediatric subspecialty training. ‘‘. . . that will protect the health and wel- ported, or regulated by the Department of Pediatric research requires not only experts fare of children involved in research.’’ Addi- Health and Human Services be in compliance in pediatric pharmacology but also in the tionally, this bill will serve to ascertain with subpart D of part 45 of title 46, Code of specific diseases that need to be researched. Federal Regulations. whether specific guidelines should be in- It is with great pleasure that I write this ‘‘(b) OTHER FEDERAL AGENCIES.—Not later cluded in the Code of Federal Regulations for letter in support of the Children’s Research than 12 months after the date of enactment conducting research with other vulnerable Protection Act. I ask for your support con- of this Act, all Federal agencies shall have members of our society. cerning this important issue in child health. promulgated regulations to provide addi- As a long time advocate and provider of Sincerely, tional protections for children involved in services for persons with disabilities, fami- DAVID M. KROL, MD. research. lies and children, my ongoing research of the SEC. 5. GRANTS FOR PEDIATRIC PHARMA- informed consent process as it relates to AMERICAN ACADEMY OF PEDIATRICS, COLOGY. clinical trials dates back to 1979. At that May 1, 2000. (a) IN GENERAL.—The Secretary of Health time, I focused on some very complex issues Hon. CHRISTOPHER DODD, and Human Services shall award grants to of conducting medical research with children U.S. Senate, qualified academic research institutions and who had mental retardation and were being Washington, DC. research networks with the appropriate ex- placed under state care. Hon. MIKE DEWINE, pertise to provide training in pediatric clin- We are a wealthy and powerful nation and U.S. Senate, ical pharmacology, such as the Pediatric I believe that our children are our greatest Washington, DC. Pharmacology Research Units of the Na- treasure. They deserve the highest ethical DEAR SENATORS DODD AND DEWINE: The tional Institute of Child Health and Human standards that we can provide in all areas of American Academy of Pediatrics, rep- Development, and the Research Units of the their lives including medical research and resenting 55,000 pediatricians throughout the National Institute of Mental Health, to en- health. With the passage of the Food and United States, is pleased to support the Chil- able such entities to provide fellowship Drug Administration Modernization Act, we dren’s Research Protection Act. This legisla- training to individuals who hold an M.D. in have widened the field of pediatric clinical tion provides appropriate and needed re- order to ensure the specialized training of research, as should be the case since until quirements for the inclusion of children in pediatric clinical pharmacologists. this time it has been seriously lacking atten- any research conducted, supported, or regu- (b) AMOUNT OF GRANT.—In awarding grants tion. Due to this surge in new research, it is lated by the U.S. Department of Health and under subsection (a), the Secretary of Health the opportune time to review federal regula- Human Services. and Human Services shall ensure that each tions that provide guidelines for clinical Protection of children in all research set- grantee receive adequate amounts under the trials. We need to close gaps and better de- tings is an imperative. Under your strong

VerDate 11-MAY-2000 06:48 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.085 pfrm01 PsN: S28PT1 S6024 CONGRESSIONAL RECORD — SENATE June 28, 2000 leadership, important advances are being in doing excellent studies in this area, and is needs, and we believe that your bill includes made in therapeutic research for children an exemplary training ground for young pe- the means to these ends: a program to in- through the Food and Drug Administration diatric investigators. It is vital that pedi- crease the number of funded pediatric clin- Modernization Act (FDAMA). As a result of atric clinical investigation be performed by ical pharmacology fellowships and a loan re- FDAMA, the increase in the number of new our best physician/scientists, in centers fully payment program to attract physicians to clinical trials involving pediatric patients is equipped to ensure a positive environment careers in clinical pharmacology will im- unprecedented. The Children’s Research Pro- for children who participate in studies, and prove the health of children through the safe tection Act balances the need to continue to ensure that all studies are done with the use of available medications. and encourage more and better clinical trials very highest standards of clinical investiga- Thank you for your leadership on chil- involving children while at the same time tion and clinical care. dren’s health care, and please add the Amer- ensuring that children are protected by re- It is also crucial, as the number of patients ican Society for Clinical Pharmacology and quiring that all research be in compliance studied is expanding, to re-emphasize the Therapeutics to the list of organizations en- with subpart D of part 45 of title 46, Code of ethical standards for conducting studies in dorsing the Children’s Research Protection Federal Regulations. children. The FDA has held meetings of its Act. This legislation also recognizes the impor- Pediatric Pharmacology Subcommittee, and Yours sincerely, tance of increasing the number of pediatric one issue of concern was that the DHHS RAYMOND L. WOOSLEY, M.D., clinical researchers through the grant and Guidelines in investigation of vulnerable President. loan repayment provisions. We strongly be- subjects, 45 CRF 46, Subpart D does not cover lieve that this kind of greater support is all of the studies or investigative centers NATIONAL ASSOCIATION OF needed for all pediatric research scientists. where studies of medicines under FDAMA CHILDREN’S HOSPITALS, Still, we recognize that this legislation spe- might be done. It is clear that it is in the in- Alexandria, VA, May 9, 2000. cifically addresses FDAMA’s significant in- terest of children, and of the clinical inves- Hon. CHRISTOPHER DODD, crease on the need for additional pediatric tigative process, that the provision be re- U.S. Senate, clinical pharmacologists to conduct pedi- viewed and that all studies of medicines in Washington, DC. atric drug studies. The grant program and children be covered under this provision. Hon. MIKE DEWINE, loan repayment provisions of this bill are To assure career paths for the new trainees U.S. Senate, Washington, DC. important incentives to securing greater in pediatric clinical pharmacology, renewal DEAR SENATORS DODD AND DEWINE. On be- numbers of well-trained experts of pediatric of Section 111 of FDAMA is particularly im- half of the National Association of Children’s clinical pharmacology, and can hopefully be portant since it assures continued pediatric Hospitals (N.A.C.H.), an organization rep- used as models for promoting a broader scope clinical investigation of new medicines. resenting more than 100 freestanding chil- of pediatric research. These two legislative initiatives will have a dren’s hospitals and pediatric departments of Throughout the years, you have been a major impact on the future of the health of major medical centers, I am writing to sup- strong and successful advocate for children our children. port the ‘‘Children’s Research Protection and their needs and the American Academy Sincerely, Act.’’ This legislation represents an impor- of Pediatrics is grateful to you. The Chil- STEPHEN P. SPIELBERG, tant step in assuring that children enrolled dren’s Research Protection Act will be an ad- MD, Ph.D., in federally supported and/or regulated re- vance for children. We offer our assistance as Vice President, Pediatric search receive important protections for this bill moves through the Congress. Drug Development, their safety and well-being when partici- Sincerely, Janssen Research pating as research subjects. DONALD E. COOK, MD, FAAP, Foundation, Chair, Children’s hospitals are major centers for President. Pediatric Task Force, pediatric clinical research—research sup- PhRMA. ported by the federal government, as well as PHARMACEUTICAL RESEARCH AND ALAN GOLDHAMMER, Ph.D., private industry. The biomedical research ef- MANUFACTURERS OF AMERICA, Associate Vice Presi- forts undertaken by children’s hospitals rec- Washington, DC, June 26, 2000. dent, US Regulatory ognize that ‘‘children are not little adults’’ Hon. MIKE DEWINE, Affairs PhRMA. and that their unique needs must be taken U.S. Senate, into account when developing and moni- Washington, DC. AMERICAN SOCIETY FOR CLINICAL toring research protocols to address pedi- Hon. CHRISTOPHER J. DODD, PHARMACOLOGY AND THERAPEUTICS, atric diseases and conditions. With the rel- U.S. Senate, Alexandria, VA, May 16, 2000. atively recent adoption of the Food and Drug Administration Modernization Act Washington, DC. Hon. CHRISTOPHER DODD, DEAR SENATORS DEWINE AND DODD: The U.S. Senate, (FDAMA), the number of children enrolled in Pharmaceutical Research and Manufacturers Washington, DC. pediatric clinical trials is rising. Therefore, of America (PhRMA) is pleased to offer its DEAR SENATOR DODD: The American Soci- it is especially important that a consistent support for The Children’s Research Protec- ety for Clinical Pharmacology and Thera- set of additional protections for children par- tion Act. This piece of legislation addresses peutics is pleased to express support of the ticipating in research, such as those included several key gaps towards the successful im- Children’s Research Protection Act. Our so- within subpart D of part 45 of title 46, Code plementation of Section 111 of the Food and ciety is the largest academic society of clin- of Federal Regulations (i.e. the ‘‘common Drug Modernization Act of 1997 (FDAMA). ical pharmacologists in the United States rule’’), be reviewed and extended to all feder- This particular section of FDAMA has had and consists of member scientists, clinicians ally conducted, supported, or regulated clin- an enormous impact on the investigation of and researchers from the academic, regu- ical research. The ‘‘Children’s Research Protection Act’’ important medicines in children. There has latory and industry sectors including physi- also establishes a grant program and loan re- been a remarkable increase in the number of cians, PhDs and PharmDs. We endorse the payment provision to help address the ex- medicines being studied by pharmaceutical great need for this legislation as a means of pected shortage of pediatric clinical pharma- companies. The pharmaceutical industry has improving the care of children by improving cologists and clinical investigators trained proposed pediatric studies on 177 medicines medications available to them and by in- to develop therapies for children. This is es- and the FDA has issued 145 written requests creasing the effective use of medicines that pecially important given the increased de- for studies as of May 1, 2000. In the short are already on the market for children. In mand for expertise in this area created by time since its inception, the legislation has addition, we believe that the provisions of the pediatric studies provisions of FDAMA. fundamentally changed our approach to the this legislation will ultimately lead to a re- In addition, we are hopeful that such a model study of medicines in children and holds duced incidence of side effects and the rate of grant and loan repayment can eventually enormous promise for improved treatment of of medication errors in children. be replicated to provide added incentives to There are only two pediatric clinical phar- sick children. increase the overall pediatric research work- Several issues have become apparent as we macology training programs in this country, force, such as is proposed in Sen. Bond’s have embarked on this new era of clinical in- and it is estimated that the number of prac- ‘‘Healthy Kids 2000 Act.’’ vestigation. There is clearly a shortage of ticing pediatric clinical pharmacologists N.A.C.H. applauds your efforts for intro- experienced pediatric clinical pharma- may be as few as 20. Consequently, it is little ducing this important piece of legislation. cologists, and those active in the field are wonder that 80% of the drugs already on the Please feel free to contact me if I can be of generally quite senior. There is thus a need market have yet to be approved for use in further assistance as this bill moves through for training the next generation of investiga- children. We must expand the cadre of well- Congress. tors. If children are to receive the benefits of trained pediatric clinical pharmacologists Sincerely, the new medicines now under development, who can focus their scientific and clinical LAWRENCE A. MCANDREWS. and of the exciting therapies of the future, skills on assuring that children have access we will need highly qualified pediatric inves- to the same therapies readily available to Mr. DEWINE. Mr. President, I rise tigators, knowledgeable in the safe, ethical, adult patients. Further, special studies are today to join my friend and colleague and efficient study of medicines in children. required regarding the proper dosage and from Connecticut, Senator DODD, in in- The NICHD Pediatric Pharmacology Re- safe use of medications in children. The troducing the Children’s Research Pro- search Unit network has been instrumental ASCPT applauds your recognition of these tection Act. This bill is a logical and

VerDate 11-MAY-2000 06:48 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.139 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6025 necessary follow-up to the Better Phar- research and update them to ensure 1999 alone, this was an almost daily oc- maceuticals for Children Act, which that the strongest federal protections currence. Last year, more than 300 Senator DODD and I got passed and en- exist for such children. children died in gun accidents. Most of acted into law in 1997 as part of the Now, only HHS federally funded and these accidents occurred in a child’s FDA Modernization Act. This law cre- federally regulated research has to own home, or in the home of a close ated incentives for drug manufacturers comply with certain protections for friend or relative—the very places for use by children. Since the law has children. where these children should feel the been in place, more children than ever Our bill also would extend research safest. before are participating in clinical protections for children to all research Mr. President, the mixture of chil- trials for drug testing. regulated by the Secretary of HHS, dren and loaded firearms is deadly. An Mr. President, it is imperative that even if it is not federally funded. estimated 3.3 million children in the we test drugs for children—on children. Furthermore, our bill would require United States live in homes with fire- There are several reasons that such that all other federal agencies that arms—firearms that are always or testing is necessary. Children have dif- conduct, support, or regulate research sometimes loaded and unlocked. I be- ferent physical make-ups from adults, involving children must adopt regula- lieve that the majority of parents with which means they metabolize drugs dif- tions to provide greater protections for firearms believe they are being respon- ferently. They likely need different those children. sible about gun storage and other safe- doses and different amounts of time be- Finally, our bill would address the ty measures dealing with firearms. tween doses for medications to be safe shortage of pediatric clinical pharma- But, the sad fact is that some parents and effective. Also, because the same cologists whose specialized expertise is simply have a fundamental misunder- disease can manifest itself very dif- essential in performing pediatric stud- standing of a child’s ability to access ferently in children and adults, we need ies, because the bill would authorize and fire a gun, to distinguish between to thoroughly test the drugs that we grants to ensure that an adequate num- real and toy guns, to make good judg- are using for children to treat the same ber of pediatric clinical pharma- ments about handling a gun, and to illness. cologists and clinical investigators are consistently follow rules about gun As I noted already, since our Better trained and retained to meet the in- safety. These are children, after all, Pharmaceuticals Act was enacted, we creased demand for expertise created and we can’t expect them to under- have seen a rapid increase in the num- by the Better Pharmaceuticals law. stand completely what is involved with ber of children being enrolled in clin- There are fewer than 200 academic- handling a gun safely. ical trials. More than 18,000 children based clinical pharmacologists in the Here’s a startling fact: Nearly two- will be needed just for the 300 studies United States, of whom 20 percent are thirds of parents with school-age chil- that have been proposed so far. Re- pediatricians. Moreover, the bill would dren who keep a gun in the home be- search has been completed and exclu- authorize the Secretary of HHS to lieve that the firearm is safe from their sivity granted on 22 drugs that were enter into loan repayment contracts children. However, another study found previously used for children without with doctors who agree to train and that when a gun was in the home, 75 to safety information, and more than 300 practice in pediatric pharmacology. 80 percent of first and second graders pediatric studies of 127 products are Mr. President, it is very important knew where the gun was kept. currently underway. Of those 22 drugs that we pass our legislation this year. Many gun owners, state and local for which studies have been completed, While we have successfully encouraged governments, as well as this Senate, eight drugs have already been re-la- better drug testing for children have started to recognize the combus- beled to reflect, the new pediatric safe- through the incentives in the ‘‘Better tible relationship between children and ty information. Pharmaceuticals for Children Act,’’ we loaded, accessible firearms. This rec- In contrast, in the five years prior to must take the next step and ensure ognition has led many gun owners to enactment of our Better Pharma- that strong federal protections are in purchase gun safety locks to ensure the ceuticals Act, only 11 studies to gather place to protect the children who par- safe storage of their handguns. In some additional pediatric safety information ticipate in such research. states, gun locks are required at the about drugs already on the market The children who are participating in time handguns are purchased. Seven- were conducted—that’s 11 studies in clinical trials are medical pioneers. teen states have Child Firearm Access five years versus over 125 in just two They will help to ensure that drugs Prevention laws that permit prosecu- years since this legislation was en- used for children will be proven to be tion of adults if their firearm is left un- acted. The increase in pediatric studies safe and appropriate for use in chil- secured and a child uses that firearm is good news for children and parents dren. At the very least, we should to harm themselves or others. And, and is certainly a welcome improve- make certain that strong federal safe- also, the Senate passed an amendment ment at a time when only one in five guards exist to ensure their safety as to the juvenile justice bill last year drugs currently on the market in the they participate in these trials. that would require the use of gun safe- United States has been approved for ty locks. use by children. By Mr. KERRY (for himself and Despite the fact that gun owners are While we want to encourage better Mr. DEWINE): buying more firearm safety devices and drug testing for children, we also need S. 2810. A bill to amend the Consumer governments are rushing to mandate to ensure that strong federal protec- Product Safety Act to confirm the Con- their use, surprisingly there are no tions are in place to protect children sumer Product Safety Commission’s ju- minimum safety standards for these who participate in such research. Trag- risdiction over child safety devices for devices. Currently, there are many dif- ically, there are parts of the current handguns, and for other purposes; to ferent types of trigger locks, safety law that do not protect children who the Committee on Commerce, Science, locks, lock boxes, and other devices participate in HHS federally-regulated and Transportation. available. And, there is a wide range in research, unless it is also federally THE CHILD HANDGUN INJURY PREVENTION ACT the quality and effectiveness of these funded research. These federal protec- Mr. DEWINE. Mr. President, I rise devices. Some are inadequate to pre- tions for children also have not been today as an original cosponsor of the vent the accidental discharge of the updated since 1981, and have not been Child Handgun Injury Prevention Act firearm or to prevent a child access to adopted by all of the federal agents being introduced by my friend and col- the firearm. that conduct research involving chil- league from Massachusetts, Senator As governments move toward man- dren. KERRY. I support this bill because I be- dated safety devices, it is crucial that That’s why the Children’s Research lieve it will save lives. consumers know whether or not the de- Protection Act we are introducing Recently, we have all witnessed a dis- vices they are buying will actually would require the Secretary of Health turbing trend. Day after day after day, keep children from harming them- and Human Services (HHS) to review we see shocking news reports about selves. If states are going to prosecute the current regulations governing the children dying because they got their adults when a child uses a firearm, protection of children participating in hands on a loaded, unlocked firearm. In these gun owners should—at the very

VerDate 11-MAY-2000 06:48 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.143 pfrm01 PsN: S28PT1 S6026 CONGRESSIONAL RECORD — SENATE June 28, 2000 least—have some peace of mind that SECTION 1. COMMUNITY FACILITIES GRANT PRO- cat fur, to prohibit the sale, manufac- their gun storage or safety lock device GRAM FOR RURAL COMMUNITIES ture, offer for sale, transportation, and WITH HIGH LEVELS OF OUT-MIGRA- is adequate. TION OR LOSS OF POPULATION. distribution of products made with dog The legislation I am introducing (a) IN GENERAL.—Section 306(a) of the Con- or cat fur in the United States, and for today with Senator KERRY would help solidated Farm and Rural Development Act other purposes. responsible gun owners and parents (7 U.S.C. 1926(a)) is amended by adding at the S. 1858 know that the safety devices they buy end the following: At the request of Mr. BREAUX, the are at least minimally adequate. This ‘‘(20) COMMUNITY FACILITIES GRANT PRO- name of the Senator from Maryland GRAM FOR RURAL COMMUNITIES WITH HIGH LEV- legislation just makes sense. It re- (Ms. MIKULSKI) was added as a cospon- ELS OF OUT-MIGRATION OR LOSS OF POPU- quires the Consumer Product Safety sor of S. 1858, a bill to revitalize the Commission (CPSC) to formulate min- LATION.— ‘‘(A) GRANT AUTHORITY.—The Secretary international competitiveness of the imum safety standards for gun safety may make grants to associations, units of United States-flag maritime industry locks and to ensure that only adequate general local government, nonprofit corpora- through tax relief. locks meeting those standards are tions, and Indian tribes (as defined in section S. 1874 available for purchase by consumers. 4 of the Indian Self-Determination and Edu- At the request of Mr. GRAHAM, the The standards to be used by the Com- cation Assistance Act (25 U.S.C. 450b)) in a name of the Senator from Rhode Island State to provide the Federal share of the mission require that gun safety locks (Mr. L. CHAFEE) was added as a cospon- cost of developing specific essential commu- are sufficiently difficult for children to sor of S. 1874, a bill to improve aca- deactivate or remove and that the safe- nity facilities in any geographic area— ‘‘(i) that is represented by— demic and social outcomes for youth ty locks prevent the discharge of the and reduce both juvenile crime and the handgun unless the lock has been de- ‘‘(I) any political subdivision of a State; ‘‘(II) an Indian tribe on a Federal or State risk that youth will become victims of activated or removed. reservation; or crime by providing productive activi- Mr. President, I would also like to ‘‘(III) other federally recognized Indian ties conducted by law enforcement per- note what this bill does not do. First of tribal group; sonnel during non-school hours. all, it does not give CPSC any say in ‘‘(ii) that is located in a rural area (as de- S. 1997 standards of firearms or ammunition. fined in section 381A); At the request of Mr. BINGAMAN, the In other words, it is not intended to ‘‘(iii) with respect to which, during the regulate firearms, themselves, in any most recent 5-year period, the net out-migra- name of the Senator from Utah (Mr. way whatsoever. Second, it would not tion of inhabitants, or other population loss, HATCH) was added as a cosponsor of S. mandate which type of gun lock device from the area equals or exceeds 5 percent of 1997, a bill to simplify Federal oil and consumers use. the population of the area; and gas revenue distributions, and for other As I said earlier, there are many dif- ‘‘(iv) that has a median household income purposes. ferent types of gun locks currently that is less than the nonmetropolitan me- S. 2274 dian household income of the United States. available. Some of these allow for easy At the request of Mr. GRASSLEY, the ‘‘(B) FEDERAL SHARE.—Paragraph (19)(B) name of the Senator from Arkansas access and use of firearms for adults shall apply to a grant made under this para- should they decide that is important to graph. (Mr. HUTCHINSON) was added as a co- them. Other devices are more cum- ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— sponsor of S. 2274, a bill to amend title bersome and do not provide quick and There are authorized to be appropriated to XIX of the Social Security Act to pro- easy access. Gun owners would be free carry out this paragraph $50,000,000 for fiscal vide families and disabled children to decide what device is best for them. year 2001 and such sums as are necessary for with the opportunity to purchase cov- This legislation would have no effect each subsequent fiscal year, of which not erage under the medicaid program for on that issue. Finally, this legislation more than 5 percent of the amount made such children. available for a fiscal year shall be available does not require the use of gun safety S. 2330 for community planning and implementa- locks. While the Senate has already tion.’’. At the request of Mr. ROTH, the name passed legislation to do this, if that (b) CONFORMING AMENDMENT.—Section of the Senator from Maine (Ms . language is removed in conference, this 381E(d)(1)(B) of the Consolidated Farm and SNOWE) was added as a cosponsor of S. legislation will not affect that. Rural Development Act (7 U.S.C. 2330, a bill to amend the Internal Rev- As I have stated already, Mr. Presi- 2009d(d)(1)(B)) is amended by striking ‘‘sec- enue Code of 1986 to repeal the excise dent, I believe that this legislation will tion 306(a)(19)’’ and inserting ‘‘paragraph (19) tax on telephone and other commu- save lives. But, more than that, this or (20) of section 306(a)’’. nication services. legislation will empower parents—par- f S. 2413 ents who decide that they want to have ADDITIONAL COSPONSORS At the request of Mr. CAMPBELL, the a gun safety lock but are awash in a name of the Senator from Michigan S. 345 sea of different devices—to purchase (Mr. ABRAHAM) was added as a cospon- At the request of Mr. ALLARD, the only gun safety locks that provide ade- sor of S. 2413, a bill to amend the Omni- quate protection for their children. I name of the Senator from Montana bus Crime Control and Safe Streets Act urge my colleagues to join Senator (Mr. BAUCUS) was added as a cosponsor of 1968 to clarify the procedures and KERRY and me in support of this bill. of S. 345, a bill to amend the Animal conditions for the award of matching Welfare Act to remove the limitation grants for the purchase of armor vests. By Mr. DASCHLE (for himself that permits interstate movement of S. 2417 and Mr. CONRAD): live birds, for the purpose of fighting, S. 2811. A bill to amend the Consoli- At the request of Mr. CRAPO, the to States in which animal fighting is name of the Senator from Georgia (Mr. dated Farm and Rural Development lawful. CLELAND) was added as a cosponsor of Act to make communities with high S. 635 levels of out-migration or population S. 2417, a bill to amend the Federal At the request of Mr. MACK, the name Water Pollution Control Act to in- loss eligible for community facilities of the Senator from California (Mrs. grants; to the Committee on Agri- crease funding for State nonpoint BOXER) was added as a cosponsor of S. culture, Nutrition, and Forestry. source pollution control programs, and 635, a bill to amend the Internal Rev- for other purposes. AMENDING THE CONSOLIDATED FARM AND enue Code of 1986 to more accurately RURAL DEVELOPMENT ACT S. 2459 codify the depreciable life of printed Mr. DASCHLE. Mr. President, I ask At the request of Mr. DODD, his name wiring board and printed wiring assem- unanimous consent that the text of the was added as a cosponsor of S . 2459, a bly equipment. bill be printed in the RECORD. bill to provide for the award of a gold There being no objection, the bill was S. 1197 medal on behalf of the Congress to ordered to be printed in the RECORD, as At the request of Mr. ROTH, the former President Ronald Reagan and follows: names of the Senator from Colorado his wife Nancy Reagan in recognition S. 2811 (Mr. ALLARD) and the Senator from Ne- of their service to the Nation. Be it enacted by the Senate and House of Rep- vada (Mr. REID) were added as cospon- At the request of Mr. GRAHAM, his resentatives of the United States of America in sors of S. 1197, a bill to prohibit the im- name was added as a cosponsor of S. Congress assembled, portation of products made with dog or 2459, supra.

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.106 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6027 At the request of Mr. CONRAD, his Senator from Hawaii (Mr. AKAKA), the taxpayers investing in entities seeking name was added as a cosponsor of S. Senator from Florida (Mr. MACK), the to provide capital to create new mar- 2459, supra. Senator from Michigan (Mr. LEVIN), kets in low-income communities, and At the request of Mr. KERREY, his the Senator from Minnesota (Mr. to provide for the establishment of In- name was added as a cosponsor of S. GRAMS), the Senator from Nevada (Mr. dividual Development Accounts (IDAs), 2459, supra. BRYAN), the Senator from Ohio (Mr. and for other purposes. At the request of Mr. LIEBERMAN, his DEWINE), the Senator from Massachu- S. 2787 name was added as a cosponsor of S. setts (Mr. KENNEDY), the Senator from At the request of Mr. BIDEN, the 2459, supra. Oregon (Mr. SMITH), the Senator from name of the Senator from California At the request of Mr. DORGAN, his Maryland (Mr. SARBANES), the Senator (Mrs. BOXER) was added as a cosponsor name was added as a cosponsor of S. from Maine (Ms. COLLINS), the Senator of S. 2787, a bill to reauthorize the Fed- 2459, supra. from Connecticut (Mr. DODD), the Sen- eral programs to prevent violence At the request of Mr. DURBIN, his ator from Arkansas (Mr. HUTCHINSON), against women, and for other purposes. name was added as a cosponsor of S. the Senator from Louisiana (Mr. S. 2793 2459, supra. BREAUX), the Senator from Kansas (Mr. At the request of Mrs. LINCOLN, her At the request of Mr. HOLLINGS, the BROWNBACK), the Senator from Ne- names of the Senator from Alaska (Mr. name was added as a cosponsor of S. braska (Mr. KERREY), the Senator from STEVENS) and the Senator from Mon- 2459, supra. Iowa (Mr. HARKIN), the Senator from tana (Mr. BURNS) were added as cospon- S. 2557 Nevada (Mr. REID), the Senator from sors of S. 2793, a bill to amend the Com- At the request of Mr. LOTT, the name Georgia (Mr. CLELAND), the Senator munications Act of 1934 to strengthen of the Senator from Michigan (Mr. from Virginia (Mr. ROBB), the Senator the limitation on holding and transfer ABRAHAM) was added as a cosponsor of from Florida (Mr. GRAHAM), the Sen- of broadcast licenses to foreign per- S. 2557, a bill to protect the energy se- ator from North Carolina (Mr. ED- sons, and to apply a similar limitation curity of the United States and de- WARDS), the Senator from California to holding and transfer of other tele- crease America’s dependency on for- (Mrs. FEINSTEIN), and the Senator from communications media by or to foreign eign oil sources to 50 percent by the Oregon (Mr. WYDEN) were added as co- governments. Year 2010 by enhancing the use of re- sponsors of S. 2700, a bill to amend the newable energy resources, conserving Comprehensive Environmental Re- S. RES. 268 energy resources, improving energy ef- sponse, Compensation, and Liability At the request of Mr. EDWARDS, the ficiencies, and increasing domestic en- Act of 1980 to promote the cleanup and names of the Senator from Pennsyl- ergy supplies, mitigating the effect of reuse of brownfields, to provide finan- vania (Mr. SPECTER) and the Senator increases in energy prices on the Amer- cial assistance for brownfields revital- from Oklahoma (Mr. NICKLES) were ican consumer, including the poor and ization, to enhance State response pro- added as cosponsors of S. Res. 268, a the elderly, and for other purposes. grams, and for other purposes. resolution designating July 17 through July 23 as ‘‘National Fragile X Aware- S. 2608 S. 2718 ness Week.’’ At the request of Mr. GRASSLEY, the At the request of Mr. SMITH of New name of the Senator from Vermont Hampshire, the name of the Senator S. RES. 294 (Mr. JEFFORDS) was added as a cospon- from North Carolina (Mr. HELMS) was At the request of Mr. ABRAHAM, the sor of S. 2608, a bill to amend the Inter- added as a cosponsor of S. 2718, a bill to names of the Senator from Alaska (Mr. nal Revenue Code of 1986 to provide for amend the Internal Revenue Code of MURKOWSKI), the Senator from Wash- the treatment of certain expenses of 1986 to provide incentives to introduce ington (Mr. GORTON), and the Senator rural letter carriers. new technologies to reduce energy con- from Oklahoma (Mr. INHOFE) were S. 2641 sumption in buildings. added as cosponsors of S. Res. 294, a At the request of Mr. CLELAND, the S. 2739 resolution designating the month of October 2000 as ‘‘Children’s Internet names of the Senator from Hawaii (Mr. At the request of Mr. LAUTENBERG, INOUYE), the Senator from New Mexico the names of the Senator from Lou- Safety Month.’’ (Mr. BINGAMAN) and the Senator from isiana (Ms. LANDRIEU), the Senator S. RES. 304 Arkansas (Mrs. LINCOLN) were added as from Michigan (Mr. ABRAHAM), the At the request of Mr. BIDEN, the cosponsors of S. 2641, a bill to authorize Senator from North Carolina (Mr. ED- names of the Senator from South Caro- the President to present a gold medal WARDS), the Senator from North Da- lina (Mr. THURMOND) and the Senator on behalf of Congress to former Presi- kota (Mr. CONRAD), and the Senator from Indiana (Mr. LUGAR) were added dent Jimmy Carter and his wife from Nebraska (Mr. KERREY) were as cosponsors of S. Res. 304, a resolu- Rosalynn Carter in recognition of their added as cosponsors of S. 2739, a bill to tion expressing the sense of the Senate service to the Nation. amend title 39, United States Code, to regarding the development of edu- S. 2644 provide for the issuance of a semipostal cational programs on veterans’ con- At the request of Mr. GORTON, the stamp in order to afford the public a tributions to the country and the des- name of the Senator from California convenient way to contribute to fund- ignation of the week that includes Vet- (Mrs. BOXER) was added as a cosponsor ing for the establishment of the World erans Day as ‘‘National Veterans of S. 2644, a bill to amend title XVIII of War II Memorial. Awareness Week’’ for the presentation the Social Security Act to expand S. 2775 of such educational programs. medicare coverage of certain self-in- At the request of Mr. DORGAN, the AMENDMENT NO. 3602 jected biologicals. name of the Senator from Nebraska At the request of Mr. BOND, the name S. 2700 (Mr. KERREY) was added as a cosponsor of the Senator from Connecticut (Mr. At the request of Mr. L. CHAFEE, the of S. 2775, to foster innovation and LIEBERMAN) was added as a cosponsor names of the Senator from Vermont technological advancement in the de- of amendment No. 3602 proposed to (Mr. JEFFORDS), the Senator from New velopment of the Internet and elec- H.R. 4577, a bill making appropriations York (Mr. SCHUMER), the Senator from tronic commerce, and to assist the for the Departments of Labor, Health Maine (Ms. SNOWE), the Senator from States in simplifying their sales and and Human Services, and Education, New York (Mr. MOYNIHAN), the Senator use taxes. and related agencies for the fiscal year from Iowa (Mr. GRASSLEY), the Senator S. 2779 ending September 30, 2001, and for from Maryland (Ms. MIKULSKI), the At the request of Mr. SANTORUM, the other purposes. Senator from Washington (Mr. GOR- name of the Senator from Ohio (Mr. AMENDMENT NO. 3641 TON), the Senator from Connecticut DEWINE) was added as a cosponsor of S. At the request of Ms. LANDRIEU, her (Mr. LIEBERMAN), the Senator from Vir- 2779, a bill to provide for the designa- name was added as a cosponsor of ginia (Mr. WARNER), the Senator from tion of renewal communities and to amendment No. 3641 proposed to H.R. Vermont (Mr. LEAHY), the Senator provide tax incentives relating to such 4577, a bill making appropriations for from North Carolina (Mr. HELMS), the communities, to provide a tax credit to the Departments of Labor, Health and

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.106 pfrm01 PsN: S28PT1 S6028 CONGRESSIONAL RECORD — SENATE June 28, 2000 Human Services, and Education, and on the second day after Members are notified Resolved, related agencies for the fiscal year end- to reassemble pursuant to section 2 of this SECTION 1. COMMENDING AND CONGRATU- ing September 30, 2001, and for other concurrent resolution, whichever occurs LATING LOUISIANA STATE UNIVER- purposes. first. SITY ON WINNING THE 2000 COL- SEC. 2. The Majority Leader of the Senate LEGE WORLD SERIES CHAMPION- AMENDMENT NO. 3644 and the Speaker of the House, acting jointly SHIP. At the request of Mr. WELLSTONE, the after consultation with the Minority Leader The Senate commends and congratulates name of the Senator from Ohio (Mr. of the Senate and the Minority Leader of the the Tigers of Louisiana State University on winning the 2000 College World Series cham- DEWINE) was added as a cosponsor of House, shall notify the Members of the Sen- pionship. amendment No. 3644 proposed to H.R. ate and House, respectively, to reassemble 4577, a bill making appropriations for whenever, in their opinion, the public inter- SEC. 2. TRANSMITTAL OF RESOLUTION. est shall warrant it. The Secretary of the Senate shall transmit the Departments of Labor, Health and f an enrolled copy of this resolution to the Human Services, and Education, and chancellor of the Louisiana State University related agencies for the fiscal year end- SENATE RESOLUTION SUBMITTED and Agriculture and Mechanical College in ing September 30, 2001, and for other ON JUNE 27, 2000 Baton Rouge, Louisiana. purposes. f AMENDMENT NO. 3655 SENATE RESOLUTION 328—TO COM- SENATE RESOLUTION SUBMITTED At the request of Mr. JEFFORDS, the ON JUNE 28, 2000 names of the Senator from Georgia MEND AND CONGRATULATE THE (Mr. COVERDELL) and the Senator from LOUISIANA STATE UNIVERSITY Rhode Island (Mr. L. CHAFEE) were TIGERS ON WINNING THE 2000 SENATE RESOLUTION 329—URGING added as cosponsors of amendment No. COLLEGE WORLD SERIES THE GOVERNMENT OF ARGEN- 3655 proposed to H.R. 4577, a bill mak- Ms. LANDRIEU (for herself and Mr. TINA TO PURSUE AND PUNISH ing appropriations for the Departments BREAUX) submitted the following reso- THOSE RESPONSIBLE FOR THE of Labor, Health and Human Services, lution; which was considered and 1994 ATTACK ON THE AMIA JEW- and Education, and related agencies for agreed to: ISH COMMUNITY CENTER IN the fiscal year ending September 30, S. RES. 328 BUENOS AIRES, ARGENTIA 2001, and for other purposes. Whereas the Louisiana State University Mr. L. CHAFEE (for himself and Mr. At the request of Mr. CAMPBELL, his baseball team completed the year with 13 HELMS) submitted the following resolu- name was added as a cosponsor of consecutive wins, with a record of 4–0 in the tion; which was referred to the Com- amendment No. 3655 proposed to H.R. Southeastern Conference tournament, 3–0 in mittee on Foreign Relations: 4577, supra. Subregional action, 2–0 in Super Regional contests and 4–0 in the College World Series, S. RES. 329 AMENDMENT NO. 3658 ending its exciting season by defeating the Whereas on July 18, 1994, 86 innocent per- At the request of Mr. DASCHLE, the previously undefeated Stanford Cardinal 6–5 sons were killed and 300 were wounded when names of the Senator from North Da- on June 17, 2000, in Omaha, Nebraska, to win the AMIA Jewish Community Center was kota (Mr. DORGAN), and the Senator its fifth national championship in 10 years; bombed in Buenos Aires, Argentina; from Washington (Mr. GORTON) were Whereas Louisiana State University firmly Whereas the United States welcomes Ar- added as cosponsors of amendment No. established itself as the dominant college gentine President Fernando de la Rua’s po- 3658 proposed to H.R. 4577, a bill mak- baseball team of the decade, winning the litical will to pursue the investigation of the ing appropriations for the Departments College World Series title in 1991, 1993, 1996, bombing of the AMIA Jewish Community of Labor, Health and Human Services, and 1997; Center to its ultimate conclusion; Whereas Louisiana State University fin- Whereas circumstantial evidence at- and Education, and related agencies for ished with a regular season record of 46-12 tributes the attack to the terrorist group the fiscal year ending September 30, and a team batting average of .341; Hezbollah, based in Lebanon and sponsored 2001, and for other purposes. Whereas Louisiana State University’s sen- by Iran; f ior catcher, Brad Cresse, distinguished him- Whereas the investigation indicates that self in the championship game and through- this bombing could not have been carried out SENATE CONCURRENT RESOLU- out the season as one of the premier players without assistance from former elements of TION 125—PROVIDING FOR A CON- in all of college baseball, leading the nation local security forces; DITIONAL ADJOURNMENT OR RE- by hitting a total of 30 home runs in 2000; Whereas additional evidence indicates that CESS OF THE SENATE AND A Whereas Louisiana State University’s sen- the tri-border area where Argentina, Para- CONDITIONAL ADJOURNMENT OF ior right-handed pitcher, Trey Hodges, who guay, and Brazil meet was used to channel THE HOUSE OF REPRESENTA- earned the Most Outstanding Player Award resources for the purpose of carrying out the of the College World Series, gave up just 2 bombing attack; TIVES hits and 1 walk in 4 innings while striking Whereas Argentine officials have acknowl- Mr. SPECTER (for Mr. LOTT) sub- out 4 batters in his second victory of the Col- edged that there was negligence in the ini- mitted the following concurrent resolu- lege World Series, personifying the persist- tial phases of the investigation and that the tion; which was considered and agreed ence and competitiveness that carried Lou- institutional and political conditions must to. isiana State University throughout the year; be created to advance the investigation of Whereas Louisiana State University’s this terrorist attack; S. CON. RES. 125 coach, Skip Bertman, named The Collegiate Whereas on March 17, 1992, terrorists Resolved by the Senate (the House of Rep- Baseball Newspaper’s National Coach of The bombed the Embassy of Israel in Buenos resentatives concurring), That when the Sen- Year, has never allowed the Tigers to lose a Aires, killing 29 persons and injuring more ate recesses or adjourns at the close of busi- College World Series championship game; than 200 others, and the Government of Ar- ness on Thursday, June 29, 2000, Friday, June Whereas Coach Skip Bertman has instilled gentina has not yet brought anyone to jus- 30, 2000, or on Saturday, July 1, 2000, on a in his players unceasing dedication and tice for that act of terrorism; motion offered pursuant to this concurrent teamwork, and has inspired in the rest of us Whereas failure to duly punish the culprits resolution by its Majority Leader or his des- an appreciation for what it means to win of these acts serves to reward these terror- ignee, it stand recessed or adjourned until with dignity, integrity, and true sportsman- ists and help spread terrorism throughout noon on Monday, July 10, 2000, or until such ship; the Western Hemisphere; time on that day as may be specified by its Whereas Louisiana State University’s Whereas the democratic leaders of the Majority Leader or his designee in the mo- thrilling victory in the College World Series Western Hemisphere issued mandates at the tion to recess or adjourn, or until noon on championship game enraptured their loyal 1994 and 1998 Summits of the Americas that the second day after Members are notified to and loving fans from Baton Rouge to Shreve- condemned terrorism in all its forms and reassemble pursuant to section 2 of this con- port, taking ‘‘Tigermania’’ to new heights that committed governments to combat ter- current resolution, whichever occurs first; and filling the people of Louisiana with an rorist acts anywhere in the Americas with and that when the House adjourns on the leg- overwhelming sense of pride, honor, and unity and vigor; and islative day of Thursday, June 29, 2000, or community; and Whereas it is the long-standing policy of Friday, June 30, 2000, on a motion offered Whereas Louisiana State University’s na- the United States to stand firm against ter- pursuant to this concurrent resolution by its tional championship spotlights one of the rorist attacks wherever and whenever they Majority Leader or his designee, it stand ad- nation’s premier State universities, which is occur and to work with its allies to ensure journed until 12:30 p.m. on Monday, July 10, committed to academic and athletic excel- that justice is done: Now, therefore, be it 2000, for morning-hour debate, or until noon lence: Now, therefore, be it Resolved, That the Senate—

VerDate 11-MAY-2000 05:45 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.108 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6029 (1) reiterates its condemnation of the at- amount appropriated under this heading that On page 70, line 7, strike ‘‘$396,672,000’’ and tack on the AMIA Jewish Community Center is in excess of the amount appropriated for insert ‘‘$396,662,000’’. in Buenos Aires, Argentina, in July 1994, and such purposes for fiscal year 2000, at least remembers the victims of this heinous act; $22,200,000 shall be used to carry out edu- AMENDMENT NO. 3664 (2) strongly urges the Government of Ar- cation, training, and consultation activities In lieu of the matter proposed to be in- gentina to fulfill its international obliga- as described in subsections (c) and (d) of sec- serted, insert the following: ‘‘Higher Edu- tions and commitments and its promise to tion 21 of the Occupational Safety and cation Act of 1965, $8,986,800,000, of which the Argentine people by pursuing the local Health Act of 1970 (29 U.S.C. 670(c) and (d)): $2,729,958,000 shall become available on July and international connections to this act of Provided further,’’. 1, 2001, and shall remain available through terrorism, wherever they may lead, and to September 30, 2002, and of which $6,223,342,000 duly punish all those who were involved; KENNEDY (AND OTHERS) shall become available on October 1, 2001 and shall remain available through September (3) urges the Government of Argentina to AMENDMENT NO. 3661 pursue and prosecute any person with ties to 30, 2002, for academic year 2000–2001: Provided, Hezbollah or any other terrorist organiza- Mr. KENNEDY (for himself, Mr. That $7,113,403,000 shall be available for basic tion; REED, Mr. BINGAMAN, Mr. WELLSTONE, grants under section 1124 of the Elementary and Secondary Education Act of 1965: Pro- (4) calls on the President to raise this issue Mr. DODD, Mrs. MURRAY, Mr. LEVIN, in bilateral discussions with Argentine offi- vided further, That up to $3,500,000 of those Mr. SCHUMER, and Mr. DURBIN) pro- funds shall be available to the Secretary on cials and to underscore the United States posed an amendment to the bill, H.R. concern regarding the 6-year delay in the October 1, 2000, to obtain updated local edu- resolution of this case; 4577, supra; as follows: cational agency level census poverty data (5) recommends that the United States At the end of title III, insert the following: from the Bureau of the Census: Provided fur- Permanent Representative to the Organiza- SEC. . TEACHER QUALITY ENHANCEMENT. ther, That $1,222,397,000 shall be available for tion of American States should seek support In addition to any other funds appro- concentration grants under section 1124A of from the countries comprising the Inter- priated under this Act to carry out title II of that Act: Provided further, That, in addition American Committee Against Terrorism to the Higher Education Act of 1965, there are to the amounts otherwise made available assist, if requested by the Government of Ar- appropriated $202,000,000 to carry out such under this heading, an amount of $1,000 gentina, in the investigation of this terrorist title. (which shall become available on October 1, 2000) shall be transferred to the account attack; under this heading from the amount appro- (6) encourages the President to direct (Ordered to lie on the table.) priated under the heading ‘‘PROGRAM ADMIN- United States law enforcement agencies to DOMENICI AMENDMENT NO. 3662 ISTRATION’’ under the heading ‘‘DEPART- provide support and cooperation to the Gov- MENTAL MANAGEMENT’’ in title III, for car- ernment of Argentina, if requested, for pur- Mr. DOMENICI submitted an amend- rying out a study by the Comptroller Gen- poses of the investigation into this and other ment intended to be proposed by him eral of the United States, evaluating the ex- terrorist activities in the tri-border area; to the bill, H.R. 4577, supra; as follows: tent to which funds made available under and On page 4, between lines 6 and 7, insert the part A of title I of the Elementary and Sec- (7) desires a lasting and positive relation- following: ondary Education Act of 1965 are allocated to ship between the United States and Argen- Of the funds made available under this schools and local educational agencies with tina based on a mutual commitment to the heading for dislocated worker employment the greatest concentrations of school-age rule of law and democracy in the Western and training activities, $5,000,000 shall be children from low-income families, the ex- Hemisphere and mutual abhorrence of ter- made available to the New Mexico Tele- tent to which allocations of such funds ad- rorism. communications Call Center Training Con- just to shifts in concentrations of pupils SEC. 2. The Secretary of the Senate shall sortium for such activities. from low-income families in different re- transmit a copy of this resolution to the gions, States, and substate areas, the extent President and the United States Permanent LIEBERMAN (AND OTHERS) to which the allocation of such funds encour- Representative to the Organization of Amer- age the targeting of state funds to areas with ican States. AMENDMENTS NOS. 3663–3664 higher concentrations of children from low- f (Ordered to lie on the table.) income families, the implications of current Mr. LIEBERMAN (for himself, Mr. distribution methods for such funds, and for- AMENDMENTS SUBMITTED GORTON, Mr. BAYH, Mr. BRYAN, Ms. mula and other policy recommendations to improve the targeting of such funds to more LANDRIEU, Mrs. LINCOLN, Mr. KOHL, Mr. effectively serve low-income children in both DEPARTMENT OF LABOR ROBB, and Mr. BREAUX) submitted two rural and urban areas, and for preparing in- APPROPRIATIONS ACT, 2001 amendments intended to be proposed terim and final reports based on the results by them to the bill, H.R. 4577, supra; as of the study, to be submitted to Congress not follows: later than February 1, 2001, and April 1, 2001, respectively: Provided further, That grant KERRY (AND OTHERS) AMENDMENT NO. 3663 awards under sec-’’. AMENDMENT NO. 3659 On page 57, between lines 19 and 20, insert the following: (Ordered to lie on the table.) FEINSTEIN AMENDMENT NO. 3665 TITLE I TARGETING STUDY Mr. KERRY (for himself, Mr. BINGA- (Ordered to lie on the table.) MAN, and Ms. MIKULSKI) submitted an For carrying out a study by the Comp- troller General of the United States, evalu- Mrs. FEINSTEIN submitted an amendment intended to be proposed by amendment intended to be proposed by them to the bill (H.R. 4577) making ap- ating the extent to which funds made avail- able under part A of title I of the Elemen- her to the bill, H.R. 4577, supra; as fol- propriations for the Departments of tary and Secondary Education Act of 1965 are lows: Labor, Health and Human Services, allocated to schools and local educational On page 71, after line 25, add the following: and Education, and related agencies for agencies with the greatest concentrations of SEC. 305. (a) DEFINITIONS.—In this section: the fiscal year ending September 30, school-age children from low-income fami- (1) LOCAL EDUCATIONAL AGENCY.—The term 2001, and for other purposes; as follows: lies, the extent to which allocations of such ‘‘local educational agency’’ has the meaning At the end of title III, insert the following: funds adjust to shifts in concentrations of given the term in section 14101 of the Ele- pupils from low-income families in different mentary and Secondary Education Act of SEC. . Notwithstanding any other provi- sion of this Act, the total amount made regions, States, and substate areas, the ex- 1965 (20 U.S.C. 8801). available under this title to carry out the tent to which the allocation of such funds (2) MASTER TEACHER.—The term ‘‘master technology literacy challenge fund under encourage the targeting of state funds to teacher’’ means a teacher who— section 3132 of the Elementary and Sec- areas with higher concentrations of children (A) is licensed or credentialed under State ondary Education Act of 1965 shall be from low-income families, the implications law; $517,000,000. of current distribution methods for such (B) has been teaching for at least 5 years in funds, and formula and other policy rec- a public or private school or institution of ommendations to improve the targeting of higher education; ENZI AMENDMENT NO. 3660 such funds to more effectively serve low-in- (C) is selected upon application, is judged (Ordered to lie on the table.) come children in both rural and urban areas, to be an excellent teacher, and is rec- Mr. ENZI submitted an amendment and for preparing interim and final reports ommended by administrators and other based on the results of the study, to be sub- teachers who are knowledgeable of the indi- intended to be proposed by him to the mitted to Congress not later than February vidual’s performance; bill, H.R. 4577, supra; as follows: 1, 2001, and April 1, 2001, respectively, $10,000, (D) at the time of submission of such appli- On page 13, line 20, strike ‘‘Provided’’ and which shall become available on October 1, cation, is teaching and based in a public insert the following: ‘‘: Provided, That of the 2000. school;

VerDate 11-MAY-2000 05:56 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.109 pfrm01 PsN: S28PT1 S6030 CONGRESSIONAL RECORD — SENATE June 28, 2000 (E) assists other teachers in improving in- 1965, $50,000,000 shall become available on Oc- the care of the 288 chimpanzees acquired by structional strategies, improves the skills of tober 1, 2000, and shall remain available the National Institutes of Health from the other teachers, performs mentoring, devel- through September 30, 2005, for making Coulston Foundation, unless the contractor ops curriculum, and offers other professional grants under this section. is accredited by the Association for the As- development; and sessment and Accreditation of Laboratory (F) enters into a contract with the local HARKIN (AND OTHERS) Animal Care International or has a Public educational agency to continue to teach and Health Services assurance, and has not been serve as a master teacher for at least 5 addi- AMENDMENT NO. 3666 charged multiple times with egregious viola- tional years. (Ordered to lie on the table.) tions of the Animal Welfare Act.’’. (3) SECRETARY.—The term ‘‘Secretary’’ Mr. HARKIN (for himself, Mr. ROBB, means the Secretary of Education. Mr. BINGAMAN, Mr. KENNEDY, Mr. WELLSTONE AMENDMENT NO. 3671 (b) ESTABLISHMENT OF DEMONSTRATION WELLSTONE, Mr. CONRAD, Mr. REED, Mr. PROJECT.— (Ordered to lie on the table.) (1) IN GENERAL.—Not later than July 1, DODD, and Mr. DURBIN) submitted an Mr. WELLSTONE submitted an 2001, the Secretary shall conduct a dem- amendment intended to be proposed by amendment intended to be proposed by onstration project under which the Sec- them to the bill, H.R. 4577, supra; as him to the bill, H.R. 4577, supra; as fol- retary shall award competitive grants to follows: lows: local educational agencies to increase teach- At the end of title III, insert the following: On page 71, after line 25, add the following: er salaries and employee benefits for teach- SEC. ll. EDUCATION INFRASTRUCTURE. SEC. ll. (a) In addition to any amounts ers who enter into contracts with the local Notwithstanding any other provision of appropriated under this title for the Perkin’s educational agencies to serve as master loan cancellation program under section 465 teachers. this Act— (1) from the amount appropriated under of the Higher Education Act of 1965 (20 U.S.C. (2) REQUIREMENTS.—In awarding grants 1087ee), an additional $30,000,000 is appro- under the demonstration project, the Sec- this title under the heading ‘‘SCHOOL IM- PROVEMENT PROGRAMS’’ the Secretary of Edu- priated to carry out such program. retary shall— (b) Notwithstanding any other provision of (A) ensure that grants are awarded under cation shall make available $1,300,000,000 to carry out the Education Infrastructure Act this Act, amounts made available under ti- the demonstration project to a diversity of tles I and II, and this title, for salaries and local educational agencies in terms of size of of 1994; (2) the total amount made available under expenses at the Departments of Labor, school district, location of school district, Health and Human Services, and Education, ethnic and economic composition of stu- this title to carry out title VI of the Elemen- tary and Secondary Education Act of 1965 respectively, shall be reduced on a pro rata dents, and experience of teachers; and basis by $30,000,000. (B) give priority to local educational agen- shall be $1,800,000,000; and (3) $1,400,000,000 of such $1,800,000,000— cies in school districts that have schools DODD (AND OTHERS) AMENDMENT with a high proportion of economically dis- (A) shall be available for purposes de- advantaged students. scribed in the second proviso under such NO. 3672 heading; and (c) APPLICATIONS.—In order to receive a Mr. DODD (for himself, Mr. KENNEDY, grant under the demonstration project, a (B) may be used for purposes described in the third proviso under such heading. and Mr. WELLSTONE) proposed an local educational agency shall submit an ap- amendment to the bill, H.R. 4577, plication to the Secretary that contains— supra; as follows: (1) an assurance that funds received under GRAMM AMENDMENT NO. 3667 the grant will be used in accordance with At the end of title III, insert the following: this section; and (Ordered to lie on the table.) SEC. . 21ST CENTURY COMMUNITY LEARNING (2) a detailed description of how the local Mr. GRAMM submitted an amend- CENTERS. educational agency will use the grant funds ment intended to be proposed by him Notwithstanding any other provision of to pay the salaries and employee benefits for to the bill, H.R. 4577, supra; as follows: this Act, the total amount appropriated under this Act to carry out part I of title X positions designated by the local educational On page 91, strike section 515. agency as master teacher positions. of the Elementary and Secondary Education (d) MATCHING REQUIREMENT.—The Sec- Act of 1965 shall be $1,000,000,000. retary may not award a grant to a local edu- LANDRIEU AMENDMENT NO. 3668 cational agency under the demonstration (Ordered to lie on the table.) WELLSTONE (AND OTHERS) project unless the local educational agency AMENDMENT NO. 3673 agrees that, with respect to costs to be in- Ms. LANDRIEU submitted an amend- curred by the agency in carrying out activi- ment intended to be proposed by her to (Ordered to lie on the table.) ties for which the grant was awarded, the the bill, H.R. 4577, supra; as follows: Mr. WELLSTONE (for himself, Mr. agency shall provide (directly, through the On page 41, lines 11 and 12, strike REID, and Mr. KENNEDY) submitted an State, or through a combination thereof) in ‘‘$7,881,586,000, of which $41,791,000’’ and in- amendment intended to be proposed by non-Federal contributions an amount equal sert ‘‘$7,895,723,000, of which $55,928,000’’. them to the bill, H.R. 4577, supra; as to the amount of the grant awarded to the follows: agency. On page 34, line 17, insert before the period (e) STUDY AND REPORT.— LEAHY AMENDMENT NO. 3669 the following: ‘‘: Provided further, That in ad- (1) IN GENERAL.—Not later than July 1, (Ordered to lie on the table.) 2005, the Secretary shall conduct a study and dition to amounts provided herein, $3,000,000 Mr. LEAHY submitted an amend- shall be available for the Center for Mental transmit a report to Congress analyzing the ment intended to be proposed by him results of the demonstration project con- Health Services: Provided further, That ducted under this section. to the bill, H.R. 4577, supra; as follows: amounts made available under this title for the administrative and related expenses of (2) CONTENTS OF REPORT.—The report shall On page 45, line 4, insert before the period include— the following: ‘‘: Provided, That an additional the Department of Health and Human Serv- (A) an analysis of the results of the project $2,500,000 shall be made available for the Of- ices shall be reduced on a pro rata basis by on— fice for Civil Rights: Provided further, That $3,000,000’’. (i) the recruitment and retention of experi- amounts made available under this title for enced teachers; the administrative and related expenses of WELLSTONE AMENDMENT NO. 3674 (ii) the effect of master teachers on teach- the Department of Health and Human Serv- (Ordered to lie on the table.) ing by less experienced teachers; ices shall be reduced by $2,500,000’’. Mr. WELLSTONE submitted an (iii) the impact of mentoring new teachers amendment intended to be proposed by by master teachers; and SMITH OF NEW HAMPSHIRE (AND him to the bill, H.R. 4577, supra; as fol- (iv) the impact of master teachers on stu- OTHERS) AMENDMENT NO. 3670 dent achievement; and lows: (B) recommendations regarding— (Ordered to lie on the table.) On page 92, between lines 4 and 5, insert (i) continuing or terminating the dem- Mr. SMITH of New Hampshire (for the following: ll onstration project; and himself, Ms. LANDRIEU, and Mr. DUR- SEC. . (a) LIMITATION ON USE OF FUNDS FOR CERTAIN AGREEMENTS.—Except as pro- (ii) establishing a grant program to expand BIN) submitted an amendment intended vided in subsection (b), none of the funds the project to additional local educational to be proposed by them to the bill, H.R. agencies and school districts. made available under this Act may be used (f) FUNDING.—Of the amount made avail- 4577, supra; as follows: by the Secretary of Health and Human Serv- able under this title under the heading relat- At the appropriate place, add the fol- ices to enter into— ing to school improvement programs for car- lowing: ‘‘None of the funds appropriated (1) an agreement on the conveyance or li- rying out activities under title VI of the Ele- under this Act shall be expended by the Na- censing of a patent for a drug, or on another mentary and Secondary Education Act of tional Institutes of Health on a contract for exclusive right to a drug;

VerDate 11-MAY-2000 05:56 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.114 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6031 (2) an agreement on the use of information Mr. ROCKEFELLER, Mr. REED, Mr. DODD, grant under that section to carry out activi- derived from animal tests or human clinical Mr. AKAKA, Mr. DURBIN, Mr. KERRY, ties relating to childhood lead poisoning pre- trials that are conducted by the Department and Mr. BAYH) proposed an amendment vention shall use 10 percent of the grant of Health and Human Services with respect to the bill, H.R. 4577, supra; as follows: funds awarded for the purpose of funding to a drug, including an agreement under screening assessments and referrals at sites which such information is provided by the On page 2, line 12, strike ‘‘$2,990,141,000’’ of operation of the Early Head Start pro- Department to another Federal agency on an and insert ‘‘$3,889,387,000’’. grams under the Head Start Act.’’. exclusive basis; or On page 2, line 13, strike ‘‘$1,718,801,000’’ (3) a cooperative research and development and insert ‘‘$2,239,547,000’’. AMENDMENT NO. 3682 agreement under section 12 of the Stevenson- On page 2, line 15, strike ‘‘$1,250,965,000’’ On page 42, line 12, strike the period and Wydler Technology Innovation Act of 1980 (15 and insert ‘‘$1,629,465,000’’. insert the following: ‘‘: Provided further, That U.S.C. 3710a) pertaining to a drug. On page 2, line 17, strike ‘‘$1,000,965,000’’ the funds made available under this heading (b) EXCEPTIONS.—Subsection (a) shall not and insert ‘‘$1,254,465,000’’. for section 645A of the Head Start Act shall apply to an agreement where— On page 2, line 18, strike ‘‘$250,000,000’’ and be made available for Early Head Start pro- (1) the sale of the drug involved is subject insert ‘‘$375,000,000’’. grams in which the entity carrying out such to a price agreement that is reasonable (as On page 5, line 6, strike ‘‘$153,452,000’’ and a program may— defined by the Secretary of Health and insert ‘‘$197,452,000’’. ‘‘(1) determine whether a child eligible to Human Services); or On page 5, line 7, strike ‘‘$3,095,978,000’’ and participate in the program has received a (2) a reasonable price agreement with re- insert ‘‘$3,196,746,000’’. blood lead screening test, using a test that is spect to the sale of the drug involved is not On page 5, line 26, strike ‘‘$153,452,000’’ and appropriate for age and risk factors, upon required by the public interest (as defined by insert ‘‘$197,452,000’’. the enrollment of the child in the program; such Secretary). On page 6, line 1, strike ‘‘$763,283,000’’ and and insert ‘‘$788,283,000’’. ‘‘(2) in the case of a child who has not re- BINGAMAN (AND OTHERS) On page 20, line 1, strike ‘‘$19,800,000’’ and ceived such a blood lead screening test, en- AMENDMENT NO. 3675 insert ‘‘$22,300,000’’. sure that each enrolled child receives such a test either by referral or by performing the (Ordered to lie on the table.) test (under contract or otherwise).’’. Mr. BINGAMAN (for himself, Mr. BREAUX AMENDMENT NO. 3679 REID, Ms. COLLINS, and Mr. DEWINE) (Ordered to lie on the table.) TORRICELLI AMENDMENT NO. 3683 submitted an amendment intended to Mr. BREAUX submitted an amend- be proposed by them to the bill, H.R. ment intended to be proposed by him (Ordered to lie on the table.) 4577, supra; as follows: to the bill, H.R. 4577, supra; as follows: Mr. TORRICELLI submitted an amendment intended to be proposed by On page 59, line 12, strike the period and At the appropriate place, insert the fol- insert the following: ‘‘Provided further, That lowing: him to the bill, H.R. 4577, supra; as fol- of the amount made available under this lows: SEC. ll. POINT OF ORDER AGAINST CONSIDER- heading for activities carried out through ATION OF OMNIBUS APPROPRIA- On page 92, between lines 4 and 5, insert the Fund for the Improvement of Education TIONS CONFERENCE REPORTS IF the following: under part A of title X, $20,000,000 shall be NOT AVAILABLE FOR 2 DAYS. PART ll—MISCELLANEOUS PROVISIONS made available to enable the Secretary of It shall not be in order in the Senate to ll Education to award grants to develop and SEC. 01. DISCLOSURE OF FIRE SAFETY consider a conference report on an Omnibus STANDARDS AND MEASURES WITH implement school dropout prevention pro- Appropriations bill (an appropriations bill RESPECT TO CAMPUS BUILDINGS. grams.’’. containing 2 or more of the 13 regular appro- (a) SHORT TITLE.—This section may be priations Acts) unless that conference report cited as the ‘‘Campus Fire Safety Right to JEFFORDS AMENDMENTS NOS. has been available at least 2 days prior to Know Act’’. 3676–3677 consideration. (b) AMENDMENT.—Section 485 of the Higher (Ordered to lie on the table.) Education Act of 1965 (20 U.S.C. 1092) is Mr. JEFFORDS submitted two WELLSTONE (AND OTHERS) amended— (1) in subsection (a)(1)— amendments intended to be proposed AMENDMENT NO. 3680 (A) by striking ‘‘and’’ at the end of sub- by him to the bill, H.R. 4577, supra; as Mr. REID (for Mr. WELLSTONE (for paragraph (N); follows: himself, Mr. KENNEDY, and Mr. REID)) (B) by striking the period at the end of AMENDMENT NO. 3676 proosed an amendment to the bill, H.R. subparagraph (O) and inserting ‘‘; and’’; and (a) On page 59, between lines 12 and 13, in- 4577, supra; as follows: (C) by adding at the end the following new sert the following: subparagraph: On page 34, line 17, insert before the period ‘‘HIGH SCHOOL ACADEMIC ACHIEVEMENT ‘‘(P) the fire safety report prepared by the the following: ‘‘:Provided further, That within PROGRAM institution pursuant to subsection (h).’’; and the amounts provided herein $3,000,000 shall (2) by adding at the end the following new For necessary expenses to help school stu- be available for the Center for Mental Health dents reach their full academic and technical subsection: Services to support through grants a certifi- ‘‘(h) DISCLOSURE OF FIRE SAFETY STAND- skills potential through enriched learning cation program to improve and evaluate the ARDS AND MEASURES.— experiences, $20,000,000.’’ effectiveness and responsiveness of suicide IRE SAFETY REPORTS REQUIRED (b) OFFSET.—Amounts made available ‘‘(1) F .—Each hotlines and crisis centers in the United under this Act for the administrative and re- eligible institution participating in any pro- States and to help support and evaluate’’. a lated expenses for departmental manage- gram under this title shall, beginning in aca- national hotline and crisis center network. ment for the Department of Labor, the De- demic year 2001-2002, and each year there- partment of Health and Human Services, and after, prepare, publish, and distribute, the Department of Education shall be re- TORRICELLI AMENDMENTS NOS. through appropriate publications or mail- duced on a pro rata basis by $20,000,000. 3681–3682 ings, to all current students and employees, and to any applicant for enrollment or em- AMENDMENT NO. 3677 (Ordered to lie on the table.) ployment upon request, an annual fire safety On page 92, between lines 4 and 5, insert Mr. TORRICELLI submitted two report containing at least the following in- the following: amendments intended to be proposed to formation with respect to the campus fire SEC. ll. AMENDMENT TO THE PUBLIC HEALTH him to the bill, H.R. 4577, supra; as fol- safety practices and standards of that insti- SERVICE ACT. lows: tution: Section 2111(c)(1)(D) of the Public Health ‘‘(A) A statement that identifies each stu- AMENDMENT NO. 3681 Service Act (42 U.S.C. 300aa–11(c)(1)(D)) is dent housing facility of the institution, and amended by striking ‘‘and’’ at the end and On page 27, line 24, strike the period and whether or not each such facility is equipped inserting ‘‘or (iii) suffered such illness, dis- insert the following: ‘‘: Provided further, That with a fire sprinkler system or another ability, injury or condition from the vaccine the funds made available under this heading equally protective fire safety system. which resulted in inpatient hospitalization for section 317A of the Public Health Service ‘‘(B) Statistics concerning the occurrence and surgical intervention to correct such ill- Act may be made available for programs op- on campus, during the 2 preceding calendar ness, disability, injury or condition, and’’. erated in accordance with a strategy (devel- years for which data are available, of fires oped and implemented by the Director for and false fire alarms. KENNEDY (AND OTHERS) the Centers for Disease Control and Preven- ‘‘(C) For each such occurrence, a statement AMENDMENT NO. 3678 tion) to identify and target resources for of the human injuries or deaths and the childhood lead poisoning prevention to high- structural damage caused by the occurrence. Mr. KENNEDY (for himself, Mr. risk populations, including ensuring that ‘‘(D) Information regarding fire alarms, WELLSTONE, Mr. ROBB, Mr. BINGAMAN, any individual or entity that receives a smoke alarms, the presence of adequate fire

VerDate 11-MAY-2000 06:48 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.119 pfrm01 PsN: S28PT1 S6032 CONGRESSIONAL RECORD — SENATE June 28, 2000 escape planning or protocols (as defined in from the medicare program over 5 years, re- Department of Education shall be reduced on local fire codes), rules on portable electrical cent estimates put the actual cut at over a pro rata basis by $25,000,000. appliances, smoking and open flames (such $200,000,000,000. as candles), regular mandatory supervised (2) A recent study on home health care f fire drills, and planned and future improve- found that nearly 70 percent of hospital dis- ment in fire safety. charge planners surveyed reported a greater NOTICE OF HEARING ULE OF CONSTRUCTION ‘‘(2) R .—Nothing in difficulty obtaining home health services for COMMITTEE ON ENERGY AND NATURAL this subsection shall be construed to author- medicare beneficiaries as a result of the Bal- RESOURCES ize the Secretary to require particular poli- anced Budget Act of 1997. cies, procedures, or practices by institutions (3) According to the Medicare Payment Ad- SUBCOMMITTEE ON WATER AND POWER of higher education with respect to fire safe- visory Commission, rural hospitals were dis- Mr. SMITH of Oregon. Mr. President, ty. proportionately affected by the Balanced I would like to announce for the infor- ‘‘(3) REPORTS.—Each institution partici- Budget Act of 1997, dropping the inpatient mation of the Senate and the public pating in any program under this title shall margins of such hospitals over 4 percentage that a legislative hearing has been make periodic reports to the campus com- points in 1998. scheduled before the Subcommittee on munity on fires and false fire alarms that are (b) SENSE OF SENATE.—It is the sense of the Water and Power. reported to local fire departments in a man- Senate that Congress and the President ner that will aid in the prevention of similar should act expeditiously to alleviate the ad- The hearing will take place on Tues- occurrences. verse impacts of the Balanced Budget Act of day, July 11, 2000, at 2:30 p.m., in room ‘‘(4) REPORTS TO SECRETARY.—On an annual 1997 on beneficiaries under the medicare pro- SD–366 of the Dirksen Senate Office basis, each institution participating in any gram under title XVIII of the Social Secu- Building in Washington, DC. program under this title shall submit to the rity Act and health care providers partici- The purpose of this hearing is to re- Secretary a copy of the statistics required to pating in such program. ceive testimony on S. 2195, a bill to be made available under paragraph (1)(B). amend the Reclamation Wastewater The Secretary shall— BAUCUS (AND OTHERS) and Groundwater Study and Facilities ‘‘(A) review such statistics; AMENDMENT NO. 3685 ‘‘(B) make copies of the statistics sub- Act to authorize the Secretary of the mitted to the Secretary available to the pub- (Ordered to lie on the table.) Interior to participate in the design, lic; and Mr. BAUCUS (for himself, Mr. BINGA- planning, and construction of the ‘‘(C) in coordination with representatives MAN, Mr. DOMENICI, and Mrs. Truckee watershed reclamation project of institutions of higher education, identify HUTCHISON) submitted an amendment for the reclamation and reuse of water; exemplary fire safety policies, procedures, intended to be proposed by him to the S. 2350, a bill to direct the Secretary of and practices and disseminate information bill, H.R. 4577, supra; as follows: the Interior to convey certain water concerning those policies, procedures, and rights to Duchesne City, Utah; and S. practices that have proven effective in the At the end of title III, insert the following: reduction of campus fires. SEC. ll. Notwithstanding any other pro- 2672, a bill to provide for the convey- ‘‘(5) DEFINITION OF CAMPUS.—In this sub- vision of this Act— ance of various reclamation projects to section the term ‘campus’ has the meaning (1) the total amount made available under local water authorities. provided in subsection (f)(6).’’. this title to carry out section 8007 of the Ele- Because of the limited time available (c) REPORT TO CONGRESS BY SECRETARY OF mentary and Secondary Education Act of for the hearing, witnesses may testify EDUCATION.—Not later than 1 year after the 1965 shall be $50,000,000; and (2) the amount of funds provided to each by invitation only. However, those date of enactment of this Act, the Secretary wishing to submit written testimony of Education shall prepare and submit to the Federal agency that receives appropriations Congress a report containing— under this Act in an amount greater than for the hearing record should send two (1) an analysis of the current status of fire $20,000,000 shall be reduced by a uniform per- copies of their testimony to the Sub- safety systems in college and university fa- centage necessary to achieve an aggregate committee on Water and Power, Com- cilities, including sprinkler systems; reduction of $25,000,000 in funds provided to mittee on Energy and Natural Re- (2) an analysis of the appropriate fire safe- all such agencies under this Act. sources, U.S. Senate, 364 Dirksen Sen- ty standards to apply to these facilities, ate Office Building, Washington, DC which the Secretary shall prepare after con- WELLSTONE (AND OTHERS) 20510–6150. sultation with such fire safety experts, rep- AMENDMENT NO. 3686 For further information, please call resentatives of institutions of higher edu- cation, and other Federal agencies as the (Ordered to lie on the table.) Trici Heninger, Staff Assistant, or Col- Secretary, in the Secretary’s discretion, con- Mr. WELLSTONE (for himself, Mr. leen Deegan, Counsel, at (202) 224–8115. siders appropriate; JEFFORDS, Mr. KOHL, Mr. LIEBERMAN, f (3) an estimate of the cost of bringing all Mr. LEVIN, Mr. SCHUMER, and Mr. nonconforming dormitories and other cam- REED) submitted an amendment in- pus buildings up to current new building AUTHORITY FOR COMMITTEES TO tended to be proposed by them to the MEET codes; and bill, H.R. 4577, supra; as follows: (4) recommendations from the Secretary COMMITTEE ON COMMERCE, SCIENCE, AND concerning the best means of meeting fire On page 37, between lines 21 and 22, insert the following: TRANSPORTATION safety standards in all college and university Mr. SPECTER. Mr. President, I ask facilities, including recommendations for For making payments under title XXVI of methods to fund such cost. the Omnibus Budget Reconciliation Act of unanimous consent that the Com- 1981, $1,100,000,000, to be available for obliga- mittee on Commerce, Science, and tion in the period October 1, 2001 through Transportation be authorized to meet BAUCUS (AND JEFFORDS) September 30, 2002. AMENDMENT NO. 3684 on Wednesday, June 28, 2000, at 9:30 a.m., on airline customer service. (Ordered to lie on the table.) BAUCUS (AND OTHERS) The PRESIDING OFFICER. Without Mr. BAUCUS (for himself and Mr. AMENDMENT NO. 3687 objection, it is so ordered. JEFFORDS) submitted an amendment Mr. BAUCUS (for himself, Mr. BINGA- COMMITTEE ON ENERGY AND NATURAL intended to be proposed by them to the MAN, Mr. DOMENICI, and Mrs. RESOURCES bill, H.R. 4577, supra; as follows: HUTCHISON) submitted an amendment Mr. SPECTER. Mr. President, I ask On page 54, between lines 10 and 11, insert unanimous consent that the Com- the following: intended to be proposed by them to the bill, H.R. 4577, supra; as follows: mittee on Energy and Natural Re- SEC. ll. SENSE OF THE SENATE REGARDING IM- PACTS OF THE BALANCED BUDGET At the end of title III, insert the following: sources be authorized to meet during ACT OF 1997. SEC. . Notwithstanding any other provi- the session of the session of the Senate (a) FINDINGS.—The Senate makes the fol- sion of this Act— on Wednesday, June 28, for purposes of lowing findings: (1) the total amount made available under conducting a full committee business (1) Since its passage in 1997, the Balanced this title to carry out section 8007 of the Ele- meeting which is scheduled to begin at Budget Act of 1997 has drastically cut pay- mentary and Secondary Education Act of 9:30 a.m. The purpose of this business ments under the medicare program under 1965 shall be $50,000,000; and title XVIII of the Social Security Act in the (2) Amounts made available under this Act meeting is to consider pending cal- areas of hospital, home health, and skilled for the administrative and related expenses endar business nursing care, among others. While Congress of the Department of Health and Human The PRESIDING OFFICER. Without intended to cut approximately $100,000,000,000 Services, the Department of Labor, and the objection, it is so ordered.

VerDate 11-MAY-2000 05:56 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.145 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6033 COMMITTEE ON ENVIRONMENT AND PUBLIC The PRESIDING OFFICER. Without problem as compared with other WORKS objection, it is so ordered. adults. It shows that the leading gate- Mr. SPECTER. Mr. President, I ask SUBCOMMITTEE ON TECHNOLOGY, TERRORISM way for college students becoming ad- unanimous consent that the Com- AND GOVERNMENT INFORMATION dicted is through sports betting. mittee on Environment and Public Mr. SPECTER. Mr. President, I ask There is only one place in the coun- Works be authorized to meet during unanimous consent that the Sub- try where it is legal. That is in Nevada. the session of the Senate on Wednes- committee on Technology, Terrorism It is the ‘‘Vegas Exception.’’ That pro- day, June 28, 9:30 a.m., Hearing Room and Government Information be au- vides this atmosphere where it is legal (SD–406), to conduct a business meeting thorized to meet to conduct a hearing or thought to be legal in many places, to consider the following items: Ever- on Wednesday, June 28 at 2 p.m., in and we are seeing this problem grow. glades Restoration, Water Resources SD226. The NCAA is strongly supportive of development, and GSA Authoriza- The PRESIDING OFFICER. Without this amendment. They want to get at tions—(a) Multiple FY01 Prospectuses objection, it is so ordered. this issue of gambling that is expand- and (b) One FY02 Design Project. f ing exponentially across the country, The PRESIDING OFFICER. Without and the problems they are having they objection,s it is so ordered. PRIVILEGE OF THE FLOOR—H.R. want to be able to deal with so people COMMITTEE ON FINANCE 4577 will know there is a fair game that is Mr. SPECTER. Mr. President, I ask Mr. DODD. I ask unanimous consent going on. They want to deal with it unanimous consent that the Com- that Meredith Miller and Kathy now. mittee on Finance be authorized to HoganBruen, of my staff, be granted Some Members are opposed to this meet during the session of the Senate the privilege of the floor for the re- amendment. I simply stand here to say on Wednesday, June 28, 2000, for an mainder of the debate on this bill. I am prepared to bring this amendment Open Executive Session to consider the The PRESIDING OFFICER. Without up at any time with limited debate—1 chairman’s Mark of the Marriage Tax objection, it is so ordered. hour of debate equally divided between Relief Reconciliation Act of 2000. Mr. KENNEDY. Mr. President, I ask each side—and I am willing to go late The PRESIDING OFFICER. Without unanimous consent that Laura Chow, a into the night, as it is obvious now at objection, it is so ordered. legislative fellow in my office, be this hour—to talk about this issue, get COMMITTEE ON FOREIGN RELATIONS granted floor privileges during the de- an up-or-down vote on it, and simply Mr. SPECTER. Mr. President, I ask bate on the Labor-HHS bill. move forward. If the body agrees, let unanimous consent that the Com- Mr. JEFFORDS. Mr. President, I fur- the body work its will. If the body dis- mittee on Foreign Relations be author- ther ask consent that Diane Lenz be agrees, so be it. Let’s move on. ized to meet during the session of the granted access to the floor during con- This is an important issue to our Senate on Wednesday, June 28, 2000, at sideration of my amendment. young people, to our colleges, and to 11 a.m., to hold a business meeting. The PRESIDING OFFICER. Without college athletics. These games should The PRESIDING OFFICER. Without objection, it is so ordered. remain honest and not be influenced by objection, it is so ordered. Mr. WELLSTONE. Mr. President, I gambling. We are even hearing of some COMMITTEE ON INDIAN AFFAIRS ask unanimous consent that Vinu referees now who are betting on games. Mr. SPECTER. Mr. President, I ask Pillai, an intern, Nina Rossomando, a It is causing people to question wheth- unanimous consent that the Com- fellow, and Ellen Gerrity be allowed er these are legitimate sporting events mittee on Indian Affairs be authorized the privilege of the floor this after- or fixed events on the point spread. to meet on Wednesday, June 28, 2000, at noon. I simply continue to state to my col- 2:30 p.m., in room 485 of the Russell The PRESIDING OFFICER. Without leagues that this is an important Senate Building to mark up pending objection, it is so ordered. amendment on which I want to get a vote in this session of Congress. I am committee business to be followed by a f hearing on S. 2283, to amend the Trans- prepared to have limited debate at any portation Equity Act (TEA–21) to make GAMBLING ON COLLEGE point in time or bring the matter up as certain amendments with respect to In- ATHLETICS a freestanding bill so we are able to ad- dian tribes. dress it. I don’t want to hold up other Mr. BROWNBACK. Mr. President, I bills. I want to be able to get a vote on The PRESIDING OFFICER. Without draw quick attention of the body to the objection, it is so ordered. this particular item. We can do so in a amendment I hope to bring up some- limited time fashion. It is important COMMITTEE ON THE JUDICIARY time during the session—or on a free- that we get this addressed now. Mr. SPECTER. Mr. President, I ask standing bill—banning gambling on f unanimous consent that the Com- college athletics. There is currently mittee on the Judiciary be authorized only one State in the Union where you FEASIBILITY STUDY ON THE to meet to conduct a hearing on can bet on college sports. That is in JICARILLA APACHE RESERVATION Wednesday, June 28, 2000, at 10 a.m., in Nevada. It is called the ‘‘Vegas Excep- Mr. BROWNBACK. Mr. President, I SD226. tion.’’ That has led to a lot of problems ask unanimous consent that the Sen- The PRESIDING OFFICER. Without of gambling on college athletics and on ate now proceed to the consideration of objection, it is so ordered. college campuses. Calendar No. 625, H.R. 3051. SUBCOMMITTEE ON EUROPEAN AFFAIRS Also, one of the aspects I want to The PRESIDING OFFICER. The Mr. SPECTER. Mr. President, I ask point out briefly—and why I want to clerk will report the bill by title. unanimous consent that the Sub- bring this up yet this session of Con- The legislative clerk read as follows: committee on European Affairs be au- gress because of the impact it is having A bill (H.R. 3051) to direct the Secretary of thorized to meet during the session of on our young people—is the expansion the Interior, the Bureau of Reclamation, to the Senate on Wednesday, June 28, 2000, into gambling and getting addicted. conduct a feasibility study on the Jicarilla at 2 p.m., to hold a hearing. We are finding that one of the lead- Apache Reservation in the State of New The PRESIDING OFFICER. Without ing gateways for young people to get Mexico, and for other purposes. objection, it is so ordered. into gambling is through sports gam- There being no objection, the Senate SUBCOMMITTEE ON NEAR EASTERN AND SOUTH bling—betting on sporting events. That proceeded to consider the bill. ASIAN AFFAIRS is one of the top two ways of getting Mr. BROWNBACK. Mr. President, I Mr. SPECTER. Mr. President, I ask young people involved. They are among ask unanimous consent that the bill be unanimous consent that the Sub- the most susceptible to becoming ad- read a third time and passed, the mo- committee on Near Eastern and South dicted to gambling. tion to reconsider be laid upon the Asian Affairs be authorized to meet There is a study by the Harvard Med- table, and any statements relating to during the session of the Senate on ical School on addiction. It reported the bill be printed in the RECORD. Wednesday, June 28, 2000, at 9 a.m. to that college students are three times The PRESIDING OFFICER. Without hold a hearing. as likely to develop a severe gambling objection, it is so ordered.

VerDate 11-MAY-2000 05:56 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.154 pfrm01 PsN: S28PT1 S6034 CONGRESSIONAL RECORD — SENATE June 28, 2000 The bill (H.R. 3051) was read the third cultural legacy that accords great value to (A) Indian goods, within the meaning of time and passed. self-determination, self-reliance, and inde- section 2 of the Act of August 27, 1935 (com- f pendence, native Americans suffer high rates monly known as the ‘‘Indian Arts and Crafts of unemployment, poverty, poor health, sub- Act’’) (49 Stat. 891, chapter 748; 25 U.S.C. NATIVE AMERICAN BUSINESS DE- standard housing, and associated social ills 305a); VELOPMENT, TRADE PRO- than those of any other group in the United (B) goods produced or originated by an eli- MOTION, AND TOURISM ACT OF States; gible entity; and (C) services provided by eligible entities. 2000 (9) the United States has an obligation to assist Indian tribes with the creation of ap- (4) INDIAN LANDS.— Mr. BROWNBACK. Mr. President, I propriate economic and political conditions (A) IN GENERAL.—The term ‘‘Indian lands’’ ask unanimous consent that the Sen- with respect to Indian lands to— includes lands under the definition of— ate proceed to the consideration of Cal- (A) encourage investment from outside (i) the term ‘‘Indian country’’ under sec- endar No. 630, S. 2719. sources that do not originate with the tribes; tion 1151 of title 18, United States Code; or (ii) the term ‘‘reservation’’ under— The PRESIDING OFFICER. The and (B) facilitate economic ventures with out- (I) section 3(d) of the Indian Financing Act clerk will report the bill by title. side entities that are not tribal entities; of 1974 (25 U.S.C. 1452(d)); or The legislative clerk read as follows: (10) the economic success and material (II) section 4(10) of the Indian Child Wel- A bill (S. 2719) to provide for business de- well-being of Native American communities fare Act of 1978 (25 U.S.C. 1903(10)). velopment and trade promotion for Native depends on the combined efforts of the Fed- (B) FORMER INDIAN RESERVATIONS IN OKLA- Americans, and for other purposes. eral Government, tribal governments, the HOMA.—For purposes of applying section 3(d) There being no objection, the Senate private sector, and individuals; of the Indian Financing Act of 1974 (25 U.S.C. proceeded to consider the bill. (11) the lack of employment and entrepre- 1452(d)) under subparagraph (A)(ii), the term Mr. BROWNBACK. Mr. President, I neurial opportunities in the communities re- ‘‘former Indian reservations in Oklahoma’’ shall be construed to include lands that are— ask unanimous consent that the bill be ferred to in paragraph (7) has resulted in a multigenerational dependence on Federal as- (i) within the jurisdictional areas of an read a third time and passed, the mo- sistance that is— Oklahoma Indian tribe (as determined by the tion to reconsider be laid upon the (A) insufficient to address the magnitude Secretary of the Interior); and table, and any statements relating to of needs; and (ii) recognized by the Secretary of the Inte- the bill be printed in the RECORD. (B) unreliable in availability; and rior as eligible for trust land status under The PRESIDING OFFICER. Without (12) the twin goals of economic self-suffi- part 151 of title 25, Code of Federal Regula- objection, it is so ordered. ciency and political self-determination for tions (as in effect on the date of enactment The bill (S. 2719) was read the third Native Americans can best be served by of this Act). (5) INDIAN-OWNED BUSINESS.—The term ‘‘In- time and passed, as follows: marking available to address the challenges faced by those groups— dian-owned business’’ means an entity orga- S. 2719 (A) the resources of the private market; nized for the conduct of trade or commerce Be it enacted by the Senate and House of Rep- (B) adequate capital; and with respect to which at least 50 percent of resentatives of the United States of America in (C) technical expertise. the property interests of the entity are Congress assembled, (b) PURPOSES.—The purposes of this Act owned by Indians or Indian tribes (or a com- SECTION 1. SHORT TITLE. are as follows: bination thereof). This Act may be cited as the ‘‘Native (1) To revitalize economically and phys- (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ American Business Development, Trade Pro- ically distressed Native American economies has the meaning given that term in section motion, and Tourism Act of 2000’’. by— 4(e) of the Indian Self-Determination and SEC. 2. FINDINGS; PURPOSES. (A) encouraging the formation of new busi- Education Assistance Act (25 U.S.C. 450b(e)). (a) FINDINGS.—Congress finds that— nesses by eligible entities, and the expansion (7) SECRETARY.—The term ‘‘Secretary’’ (1) clause 3 of section 8 of article I of the of existing businesses; and means the Secretary of Commerce. United States Constitution recognizes the (B) facilitating the movement of goods to (8) TRIBAL ENTERPRISE.—The term ‘‘tribal special relationship between the United and from Indian lands and the provision of enterprise’’ means a commercial activity or States and Indian tribes; services by Indians. business managed or controlled by an Indian (2) beginning in 1970, with the inauguration (2) To promote private investment in the tribe. by the Nixon Administration of the Indian economies of Indian tribes and to encourage (9) TRIBAL ORGANIZATION.—The term ‘‘trib- self-determination era, each President has the sustainable development of resources of al organization’’ has the meaning given that reaffirmed the special government-to-gov- Indian tribes and Indian-owned businesses. term in section 4(l) of the Indian Self-Deter- ernment relationship between Indian tribes (3) To promote the long-range sustained mination and Education Assistance Act (25 and the United States. growth of the economies of Indian tribes. U.S.C. 450b(l)). (3) in 1994, President Clinton issued an Ex- (4) To raise incomes of Indians in order to SEC. 4. OFFICE OF NATIVE AMERICAN BUSINESS ecutive memorandum to the heads of depart- reduce the number of Indians at poverty lev- DEVELOPMENT. ments and agencies that obligated all Fed- els and provide the means for achieving a (a) IN GENERAL.— eral departments and agencies, particularly higher standard of living on Indian reserva- (1) ESTABLISHMENT.—There is established those that have an impact on economic de- tions. within the Department of Commerce an of- velopment, to evaluate the potential impacts (5) To encourage intertribal, regional, and fice known as the Office of Native American of their actions on Indian tribes; international trade and business develop- Business Development (referred to in this (4) consistent with the principles of inher- ment in order to assist in increasing produc- Act as the ‘‘Office’’). ent tribal sovereignty and the special rela- tivity and the standard of living of members (2) DIRECTOR.—The Office shall be headed tionship between Indian tribes and the of Indian tribes and improving the economic by a Director, appointed by the Secretary, United States, Indian tribes retain the right self-sufficiency of the governing bodies of In- whose title shall be the Director of Native to enter into contracts and agreements to dian tribes. American Business Development (referred to trade freely, and seek enforcement of treaty (6) To promote economic self-sufficiency in this Act as the ‘‘Director’’). The Director and trade rights; and political self-determination for Indian shall be compensated at a rate not to exceed (5) Congress has carried out the responsi- tribes and members of Indian tribes. level V of the Executive Schedule under sec- bility of the United States for the protection SEC. 3. DEFINITIONS. tion 5316 of title 5, United States Code. and preservation of Indian tribes and the re- In this Act: (b) DUTIES OF THE SECRETARY.— sources of Indian tribes through the endorse- (1) ELIGIBILITY ENTITY.—The term ‘‘eligible (1) IN GENERAL.—The Secretary, acting ment of treaties, and the enactment of other entity’’ means an Indian tribe or tribal orga- through the Director, shall ensure the co- laws, including laws that provide for the ex- nization, an Indian arts and crafts organiza- ordination of Federal programs that provide ercise of administrative authorizes. tion, as that term is defined in section 2 of assistance, including financial and technical (6) the United States has an obligation to the Act of August 27, 1935 (commonly known assistance, to eligible entities for increased guard and preserve the sovereignty of Indian as the ‘‘Indian Arts and Crafts Act’’) (49 business, the expansion of trade by eligible tribes in order to foster strong tribal govern- Stat. 891, chapter 748; 25 U.S.C. 305a), a tribal entities, and economic development on In- ments, Indian self-determination, and eco- enterprise, a tribal marketing cooperative dian lands. nomic self-sufficiency among Indian tribes; (as that term is defined by the Secretary, in (2) INTERAGENCY COORDINATION.—The Sec- (7) the capacity of Indian tribes to build consultation with the Secretary of the Inte- retary, acting through the Director, shall co- strong tribal governments and vigorous rior), or any other Indian-owned business. ordinate Federal programs relating to Indian economies is hindered by the inability of In- (2) INDIAN.—The term ‘‘Indian’’ has the economic development, including any such dian tribes to engage communities that sur- meaning given that term in section 4(d) of program of the Department of the Interior, round Indian lands and outside investors in the Indian Self-Determination and Edu- the Small Business Administration, the De- economic activities on Indian lands; cation Assistance Act (25 U.S.C. 450b(d)). partment of Labor, or any other Federal (8) despite the availability of abundant (3) INDIAN GOODS AND SERVICES.—The term agency charged with Indian economic devel- natural resources on Indian lands and a rich ‘‘Indian goods and services’’ means— opment responsibilities.

VerDate 11-MAY-2000 05:56 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.169 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6035

(3) ACTIVITIES.—In carrying out the duties (5) the participation of appropriate Federal provide for a demonstration project to be described in paragraph (1), the Secretary, agencies or eligible entities in international conducted— acting through the Director, shall ensure the trade fairs; and (A) for Indians of the Four Corners area lo- coordination of, or, as appropriate, carry (6) any other activity related to the devel- cated in the area adjacent to the border be- out— opment of markets for Indian goods and tween Arizona, Utah, Colorado, and New (A) Federal programs designed to provide services. Mexico; legal, accounting, or financial assistance to (d) TECHNICAL ASSISTANCE.—In conjunction (B) for Indians of the northwestern area eligible entities; with the activities described in subsection that is commonly known as the Great North- (B) market surveys; (c), the Secretary, acting through the Direc- west (as determined by the Secretary); (C) the development of promotional mate- tor, shall provide technical assistance and (C) for the Oklahoma Indians in Oklahoma; rials; administrative services to eligible entities to (D) for the Indians of the Great Plains area (D) the financing of business development assist those entities with— (as determined by the Secretary); and seminars; (1) the identification of appropriate mar- (E) for Alaska Natives in Alaska. (E) the facilitation of marketing; kets for Indian goods and services; (b) ASSISTANCE.—The Secretary, acting (F) the participation of appropriate Fed- (2) entering the markets referred to in through the Director, shall provide financial eral agencies or eligible entities in trade paragraph (1); assistance, technical assistance, and admin- fairs; (3) compliance with foreign or domestic istrative services to participants that the (G) any activity that is not described in laws and practices with respect to financial Secretary, acting through the Director, se- subparagraphs (A) through (F) that is related institutions with respect to the export and lects to carry out a tourism development to the development of appropriate markets; import of Indian goods and services; and project under this section, with respect to— and (4) entering into financial arrangements to (1) feasibility studies conducted as part of (H) any other activity that the Secretary, provide for the export and import of Indian that project; in consultation with the Director, deter- goods and services. (2) market analyses; mines to be appropriate to carry out this (e) PRIORITIES.—In carrying out the duties (3) participation in tourism and trade mis- section. and activities described in subsections (b) sions; and (4) ASSISTANCE.—In conjunction with the and (c), the Secretary, acting through the (4) any other activity that the Secretary, activities described in paragraph (3), the Sec- Director, shall give priority to activities in consultation with the Director, deter- retary, acting through the Director, shall that— mines to be appropriate to carry out this provide— (1) provide the greatest degree of economic section. (A) financial assistance, technical assist- benefits to Indians; and (c) INFRASTRUCTURE DEVELOPMENT.—The ance, and administrative services to eligible (2) foster long-term stable international demonstration projects conducted under this entities to assist those entities with— markets for Indian goods and services. section shall include provisions to facilitate (i) identifying and taking advantage of SEC. 6. INTERTRIBAL TOURISM DEMONSTRATION the development and financing of infrastruc- business development opportunities; and PROJECTS. ture, including the development of Indian (ii) compliance with appropriate laws and (a) PROGRAM TO CONDUCT TOURISM reservation roads in a manner consistent regulatory practices; and PROJECTS.— with title 23, United States Code. (B) such other assistance as the Secretary, (1) IN GENERAL.—The Secretary, acting SEC. 7. REPORT TO CONGRESS. in consultation with the Director, deter- through the Director, shall conduct a Native (a) IN GENERAL.—Not later than 1 year mines to be necessary for the development of American tourism program to facilitate the after the date of enactment of this Act, and business opportunities for eligible entities to development and conduct of tourism dem- annually thereafter, the Secretary, in con- enhance the economies of Indian tribes. onstration projects by Indian tribes, on a sultation with the Director, shall prepare (5) PRIORITIES.—In carrying out the duties tribal, intertribal, or regional basis. and submit to the Committee on Indian Af- and activities described in paragraphs (3) and (2) DEMONSTRATION PROJECTS.— fairs of the Senate and the Committee on Re- (4), the Secretary, acting through the Direc- (A) IN GENERAL.—Under the program estab- sources of the House of Representatives a re- tor, shall give priority to activities that— lished under this section, in order to assist port on the operation of the Office. (A) provide the greatest degree of eco- in the development and promotion of tour- (b) CONTENTS OF REPORT.—Each report pre- nomic benefits to Indians; and ism on and in the vicinity of Indian lands, pared under subsection (a) shall include— (B) foster long-term stable economies of the Secretary, acting through the Director, (1) for the period covered by the report, a Indian tribes. shall, in coordination with the Under Sec- summary of the activities conducted by the (6) PROHIBITION.—The Secretary may not retary of Agriculture for Rural Development, Secretary, acting through the Director, in provide under this section assistance for any assist eligible entities in the planning, devel- carrying out sections 4 through 6; and activity related to the operation of a gaming opment, and implementation of tourism de- (2) any recommendations for legislation activity on Indian lands pursuant to the In- velopment demonstration projects that meet that the Secretary, in consultation with the dian Gaming Regulatory Act (25 U.S.C. 2710 the criteria described in subparagraph (B). Director, determines to be necessary to et seq.). (B) PROJECTS DESCRIBED.—In selecting carry out sections 4 through 6. SEC. 5. NATIVE AMERICAN TRADE AND EXPORT tourism development demonstration projects SEC. 8. AUTHORIZATION OF APPROPRIATIONS. PROMOTION. under this section, the Secretary, acting There are authorized to be appropriated (a) IN GENERAL.—The Secretary, acting through the Director, shall select projects such sums as are necessary to carry out this through the Director, shall carry out a Na- that have the potential to increase travel Act, to remain available until expended. tive American export and trade promotion and tourism revenues by attracting visitors f program (referred to in this section as the to Indian lands and lands in the vicinity of ‘‘program’’). Indian lands, including projects that provide ACCEPTANCE OF STATUE OF (b) COORDINATION OF FEDERAL PROGRAMS for— CHIEF WASHAKIE AND SERVICES.—In carrying out the program, (i) the development and distribution of the Secretary, acting through the Director, educational and promotional materials per- Mr. BROWNBACK. Mr. President, I and in cooperation with the heads of appro- taining to attractions located on and near ask unanimous consent that the Sen- priate Federal agencies, shall ensure the co- Indian lands; ate now proceed to the consideration of ordination of Federal programs and services (ii) the development of educational re- H. Con. Res. 333, which is at the desk. designed to— sources to assist in private and public tour- The PRESIDING OFFICER. The (1) develop the economies of Indian tribes; ism development on and in the vicinity of In- clerk will report the resolution by and dian lands; and title. (2) stimulate the demand for Indian goods (iii) the coordination of tourism-related The legislative clerk read as follows: and services that are available for eligible joint revenues and cooperative efforts be- entities. tween eligible entities and appropriate State A concurrent resolution (H. Con. Res. 333) providing for the acceptance of a statue of (c) ACTIVITIES.—In carrying out the duties and local governments that have jurisdiction described in subsection (b), the Secretary, over areas in the vicinity of Indian lands. Chief Washakie, presented by the people of acting through the Director, shall ensure the (3) GRANTS.—To carry out the program Wyoming, for placement in National Stat- coordination of, or, as appropriate carry under this section, the Secretary, acting uary Hall, and for other purposes. out— through the Director, may award grants or There being no objection, the Senate (1) Federal programs designed to provide enter into other appropriate arrangements proceeded to consider the concurrent technical or financial assistance to eligible with Indian tribes, tribal organizations, resolution. entities; intertribal consortia, or other tribal entities Mr. BROWNBACK. Mr. President, I (2) the development of promotional mate- that the Secretary, in consultation with the ask unanimous consent that the reso- rials; Director, determines to be appropriate. (3) the financing of appropriate trade mis- (4) LOCATIONS.—In providing for tourism lution be agreed to, the preamble be sions; development demonstration projects under agreed to, the motion to reconsider be (4) the marketing of Indian goods and serv- the program under this section, the Sec- laid upon the table, and any state- ices; retary, acting through the Director, shall ments be printed in the RECORD.

VerDate 11-MAY-2000 07:02 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.163 pfrm01 PsN: S28PT1 S6036 CONGRESSIONAL RECORD — SENATE June 28, 2000 The PRESIDING OFFICER. Without (4) scientific data resulting from the enact- (A) by striking ‘‘the onset of the disease was objection, it is so ordered. ment of the Radiation Exposed Veterans Com- between 2 and 30 years of first exposure,’’ and The concurrent resolution (H. Con. pensation Act of 1988 (38 U.S.C. 101 note), and inserting ‘‘the onset of the disease was at least Res. 333) was agreed to. obtained from the Committee on the Biological 2 years after first exposure, lung cancer (other Effects of Ionizing Radiations, and the Presi- than in situ lung cancer that is discovered dur- The preamble was agreed to. dent’s Advisory Committee on Human Radiation ing or after a post-mortem exam),’’; f Experiments provide medical validation for the (B) by striking ‘‘(provided initial exposure oc- AUTHORIZING USE OF ROTUNDA extension of compensable radiogenic curred by the age of 20)’’ after ‘‘thyroid’’; pathologies; (C) by inserting ‘‘male or’’ before ‘‘female OF THE CAPITOL (5) above-ground uranium miners, millers and breast’’; Mr. BROWNBACK. Mr. President, I individuals who transported ore should be fairly (D) by striking ‘‘(provided initial exposure oc- ask unanimous consent that the Sen- compensated, in a manner similar to that pro- curred prior to age 40)’’ after ‘‘female breast’’; ate now proceed to consideration of H. vided for underground uranium miners, in cases (E) by striking ‘‘(provided low alcohol con- sumption and not a heavy smoker)’’ after Con. Res. 344, which is at the desk. in which those individuals suffered disease or resultant death, associated with radiation expo- ‘‘esophagus’’; The PRESIDING OFFICER. The sure, due to the failure of the Federal Govern- (F) by striking ‘‘(provided initial exposure oc- clerk will report the concurrent resolu- ment to warn and otherwise help protect citizens curred before age 30)’’ after ‘‘stomach’’; tion by title. from the health hazards addressed by the Radi- (G) by striking ‘‘(provided not a heavy smok- The legislative clerk read as follows: ation Exposure Compensation Act of 1990 (42 er)’’ after ‘‘pharynx’’; A concurrent resolution (H. Con. Res. 344) U.S.C. 2210 note); and (H) by striking ‘‘(provided not a heavy smoker permitting the use of the Rotunda of the (6) it should be the responsibility of the Fed- and low coffee consumption)’’ after ‘‘pancreas’’; Capitol for a ceremony to present the Con- eral Government in partnership with State and and gressional Gold Medal to Father Theodore local governments and appropriate healthcare (I) by inserting ‘‘salivary gland, urinary blad- Hesburgh. organizations, to initiate and support programs der, brain, colon, ovary,’’ after ‘‘gall bladder,’’. designed for the early detection, prevention and (c) CLAIMS RELATING TO URANIUM MINING.— There being no objection, the Senate education on radiogenic diseases in approved (1) IN GENERAL.—Section 5(a) of the Radiation proceeded to consider the concurrent States to aid the thousands of individuals ad- Exposure Compensation Act (42 U.S.C. 2210 resolution. versely affected by the mining of uranium and note) is amended to read as follows: Mr. BROWNBACK. I ask unanimous the testing of nuclear weapons for the Nation’s ‘‘(a) ELIGIBILITY OF INDIVIDUALS.— consent that the concurrent resolution weapons arsenal. ‘‘(1) IN GENERAL.—An individual shall receive $100,000 for a claim made under this Act if— be agreed to, the motion to reconsider SEC. 3. AMENDMENTS TO THE RADIATION EXPO- ‘‘(A) that individual— be laid upon the table, and any state- SURE COMPENSATION ACT. (a) CLAIMS RELATING TO ATMOSPHERIC NU- ‘‘(i) was employed in a uranium mine or ura- ments be printed in the RECORD. nium mill (including any individual who was The PRESIDING OFFICER. Without CLEAR TESTING.—Section 4(a)(1) of the Radi- ation Exposure Compensation Act (42 U.S.C. employed in the transport of uranium ore or va- objection, it is so ordered. 2210 note) is amended to read as follows: nadium-uranium ore from such mine or mill) lo- The concurrent resolution (H. Con. ‘‘(1) CLAIMS RELATING TO LEUKEMIA.— cated in Colorado, New Mexico, Arizona, Wyo- Res. 344) was agreed to. ‘‘(A) IN GENERAL.—An individual described in ming, South Dakota, Washington, Utah, Idaho, f this subparagraph shall receive an amount spec- North Dakota, Oregon, and Texas at any time ified in subparagraph (B) if the conditions de- during the period beginning on January 1, 1942, RADIATION EXPOSURE COMPENSA- scribed in subparagraph (C) are met. An indi- and ending on December 31, 1971; and TION ACT AMENDMENTS OF 2000 vidual referred to in the preceding sentence is ‘‘(ii)(I) was a miner exposed to 40 or more working level months of radiation and submits Mr. BROWNBACK. I ask unanimous an individual who— ‘‘(i)(I) was physically present in an affected written medical documentation that the indi- consent the Chair lay before the Senate area for a period of at least 1 year during the vidual, after that exposure, developed lung can- a message from the House of Rep- period beginning on January 21, 1951, and end- cer or a nonmalignant respiratory disease; or resentatives to accompany S. 1515, an ing on October 31, 1958; ‘‘(II) was a miller or ore transporter who Act to amend the Radiation Exposure ‘‘(II) was physically present in the affected worked for at least 1 year during the period de- Compensation Act, and for other pur- area for the period beginning on June 30, 1962, scribed under clause (i) and submits written poses. and ending on July 31, 1962; or medical documentation that the individual, ‘‘(III) participated onsite in a test involving after that exposure, developed lung cancer or a There being no objection, the Pre- nonmalignant respiratory disease or renal can- siding Officer laid before the Senate the atmospheric detonation of a nuclear device; and cers and other chronic renal disease including the following message from the House ‘‘(ii) submits written documentation that such nephritis and kidney tubal tissue injury; of Representatives: individual developed leukemia— ‘‘(B) the claim for that payment is filed with Resolved, That the bill from the Senate (S. ‘‘(I) after the applicable period of physical the Attorney General by or on behalf of that in- 1515) entitled ‘‘An Act to amend the Radi- presence described in subclause (I) or (II) of dividual; and ation Exposure Compensation Act, and for clause (i) or onsite participation described in ‘‘(C) the Attorney General determines, in ac- other purposes’’, do pass with the following clause (i)(III) (as the case may be); and cordance with section 6, that the claim meets the amendment: ‘‘(II) more that 2 years after first exposure to requirements of this Act. Strike out all after the enacting clause and fallout. ‘‘(2) INCLUSION OF ADDITIONAL STATES.—Para- insert: ‘‘(B) AMOUNTS.—If the conditions described in graph (1)(A)(i) shall apply to a State, in addi- tion to the States named under such clause, if— SECTION 1. SHORT TITLE. subparagraph (C) are met, an individual— ‘‘(A) an Atomic Energy Commission uranium This Act may be cited as the ‘‘Radiation Ex- ‘‘(i) who is described in subclause (I) or (II) of mine was operated in such State at any time posure Compensation Act Amendments of 2000’’. subparagraph (A)(i) shall receive $50,000; or ‘‘(ii) who is described in subclause (III) of during the period beginning on January 1, 1942, SEC. 2. FINDINGS. subparagraph (A)(i) shall receive $75,000. and ending on December 31, 1971; Congress finds that— ‘‘(C) CONDITIONS.—The conditions described ‘‘(B) the State submits an application to the (1) the Radiation Exposure Compensation Act in this subparagraph are as follows: Department of Justice to include such State; (42 U.S.C. 2210 note) recognized the responsi- ‘‘(i) Initial exposure occurred prior to age 21. and bility of the Federal Government to compensate ‘‘(ii) The claim for a payment under subpara- ‘‘(C) the Attorney General makes a determina- individuals who were harmed by the mining of graph (B) is filed with the Attorney General by tion to include such State. radioactive materials or fallout from nuclear or on behalf of the individual. ‘‘(3) PAYMENT REQUIREMENT.—Each payment arms testing; ‘‘(iii) The Attorney General determines, in ac- under this section may be made only in accord- (2) a congressional oversight hearing con- cordance with section 6, that the claim meets the ance with section 6.’’. ducted by the Committee on Labor and Human requirements of this Act.’’. (2) DEFINITIONS.—Section 5(b) of the Radi- Resources of the Senate demonstrated that since (b) DEFINITIONS.—Section 4(b) of the Radi- ation Exposure Compensation Act (42 U.S.C. enactment of the Radiation Exposure Com- ation Exposure Compensation Act (42 U.S.C. 2210 note) is amended— pensation Act (42 U.S.C. 2210 note), regulatory 2210 note) is amended— (A) in paragraph (3)— burdens have made it too difficult for some de- (1) in paragraph (1)— (i) by striking ‘‘and’’ before ‘‘corpulmonale’’; serving individuals to be fairly and efficiently (A) in subparagraph (A) by inserting ‘‘Wayne, and compensated; San Juan,’’ after ‘‘Millard,’’; and (ii) by striking ‘‘; and if the claimant,’’ and (3) reports of the Atomic Energy Commission (B) by amending subparagraph (C) to read as all that follows through the end of the para- and the National Institute for Occupational follows: graph and inserting ‘‘, silicosis, and pneumo- Safety and Health testify to the need to extend ‘‘(C) in the State of Arizona, the counties of coniosis;’’; eligibility to States in which the Federal Gov- Coconino, Yavapai, Navajo, Apache, and Gila; (B) by striking the period at the end of para- ernment sponsored uranium mining and milling and’’; and graph (4) and inserting a semicolon; and from 1941 through 1971; (2) in paragraph (2)— (C) by adding at the end the following:

VerDate 11-MAY-2000 05:56 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00096 Fmt 4624 Sfmt 6333 E:\CR\FM\G28JN6.171 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6037 ‘‘(5) the term ‘written medical documentation’ shall be considered to be conclusive evidence of formation or documentation under paragraph for purposes of proving a nonmalignant res- that disease. (2); and piratory disease or lung cancer means, in any ‘‘(ii) DESCRIPTION OF PHYSICIANS.—A physi- ‘‘(ii) ending on the date on which the claim- case in which the claimant is living— cian referred to under clause (i) is a physician ant or individual or entity acting on behalf of ‘‘(A)(i) an arterial blood gas study; or who— that claimant submits that information or docu- ‘‘(ii) a written diagnosis by a physician meet- ‘‘(I) is employed by— mentation or informs the Attorney General that ing the requirements of subsection (c)(1); and ‘‘(aa) the Indian Health Service; or it is not possible to provide that information or ‘‘(B)(i) a chest x-ray administered in accord- ‘‘(bb) the Department of Veterans Affairs; and that the claimant or individual or entity will ance with standard techniques and the interpre- ‘‘(II) has a documented ongoing physician pa- not provide that information. tive reports of a maximum of two National Insti- tient relationship with the claimant.’’. ‘‘(4) PAYMENT WITHIN 6 WEEKS.—The Attorney tute of Occupational Health and Safety certified (d) DETERMINATION AND PAYMENT OF General shall ensure that an approved claim is ‘B’ readers classifying the existence of the non- CLAIMS.— paid not later than 6 weeks after the date on (1) FILING PROCEDURES.—Section 6(a) of the malignant respiratory disease of category 1/0 or which such claim is approved. Radiation Exposure Compensation Act (42 higher according to a 1989 report of the Inter- ‘‘(5) NATIVE AMERICAN CONSIDERATIONS.—Any U.S.C. 2210 note) is amended by adding at the national Labor Office (known as the ‘ILO’), or procedures under this subsection shall take into end the following: ‘‘In establishing procedures subsequent revisions; consideration and incorporate, to the fullest ex- under this subsection, the Attorney General ‘‘(ii) high resolution computed tomography tent feasible, Native American law, tradition, shall take into account and make allowances for scans (commonly known as ‘HRCT scans’) (in- and custom with respect to the submission and the law, tradition, and customs of Indian tribes cluding computer assisted tomography scans processing of claims by Native Americans.’’. (as that term is defined in section 5(b)) and (commonly known as ‘CAT scans’), magnetic (e) REGULATIONS.— members of Indian tribes, to the maximum extent resonance imaging scans (commonly known as (1) IN GENERAL.—Section 6(i) of the Radiation practicable.’’. ‘MRI scans’), and positron emission tomography Exposure Compensation Act (42 U.S.C. 2210 (2) DETERMINATION AND PAYMENT OF CLAIMS, scans (commonly known as ‘PET scans’)) and note) is amended by adding at the end the fol- GENERALLY.—Section 6(b)(1) of the Radiation lowing: ‘‘Not later than 180 days after the date interpretive reports of such scans; Exposure Compensation Act (42 U.S.C. 2210 ‘‘(iii) pathology reports of tissue biopsies; or of the enactment of the Radiation Exposure note) is amended by adding at the end the fol- ‘‘(iv) pulmonary function tests indicating re- Compensation Act Amendments of 2000, the At- lowing: ‘‘All reasonable doubt with regard to strictive lung function, as defined by the Amer- torney General shall issue revised regulations to whether a claim meets the requirements of this ican Thoracic Society; carry out this Act.’’. Act shall be resolved in favor of the claimant.’’. ‘‘(6) the term ‘lung cancer’— (2) AFFIDAVITS.— (3) OFFSET FOR CERTAIN PAYMENTS.—Section ‘‘(A) means any physiological condition of the (A) IN GENERAL.—The Attorney General shall 6(c)(2)(B) of the Radiation Exposure Compensa- lung, trachea, or bronchus that is recognized as take such action as may be necessary to ensure tion Act (42 U.S.C. 2210 note) is amended— that the procedures established by the Attorney lung cancer by the National Cancer Institute; (A) in clause (i), by inserting ‘‘(other than a General under section 6 of the Radiation Expo- and claim for workers’ compensation)’’ after sure Compensation Act (42 U.S.C. 2210 note) ‘‘(B) includes in situ lung cancers; ‘‘claim’’; and ‘‘(7) the term ‘uranium mine’ means any un- (B) in clause (ii), by striking ‘‘Federal Gov- provide that, in addition to any other material derground excavation, including ‘dog holes’, as ernment’’ and inserting ‘‘Department of Vet- that may be used to substantiate employment well as open pit, strip, rim, surface, or other erans Affairs’’. history for purposes of determining working aboveground mines, where uranium ore or vana- (4) APPLICATION OF NATIVE AMERICAN LAW TO level months, an individual filing a claim under dium-uranium ore was mined or otherwise ex- CLAIMS.—Section 6(c)(4) of the Radiation Expo- those procedures may make such a substan- tracted; and sure Compensation Act (42 U.S.C. 2210 note) is tiation by means of an affidavit described in ‘‘(8) the term ‘uranium mill’ includes milling amended by adding at the end the following: subparagraph (B). operations involving the processing of uranium ‘‘(D) APPLICATION OF NATIVE AMERICAN (B) AFFIDAVITS.—An affidavit referred to ore or vanadium-uranium ore, including both LAW.—In determining those individuals eligible under subparagraph (A) is an affidavit— carbonate and acid leach plants.’’. to receive compensation by virtue of marriage, (i) that meets such requirements as the Attor- (3) WRITTEN DOCUMENTATION.—Section 5 of relationship, or survivorship, such determina- ney General may establish; and the Radiation Exposure Compensation Act (42 tion shall take into consideration and give effect (ii) is made by a person other than the indi- U.S.C. 2210 note) is amended by adding at the to established law, tradition, and custom of the vidual filing the claim that attests to the em- end the following: particular affected Indian tribe.’’. ployment history of the claimant. (f) LIMITATIONS ON CLAIMS.—Section 8 of the ‘‘(c) WRITTEN DOCUMENTATION.— (5) ACTION ON CLAIMS.—Section 6(d) of the ‘‘(1) DIAGNOSIS ALTERNATIVE TO ARTERIAL Radiation Exposure Compensation Act (42 Radiation Exposure Compensation Act (42 BLOOD GAS STUDY.— U.S.C. 2210 note) is amended— U.S.C. 2210 note) is amended— N ENERAL ‘‘(A) IN GENERAL.—For purposes of this Act, (A) by inserting ‘‘(1) IN GENERAL.—’’ before (1) by inserting ‘‘(a) I G .—’’ before the written diagnosis and the accompanying in- ‘‘The Attorney General’’; ‘‘A claim’’; and terpretive reports described in subsection (B) by inserting at the end the following: ‘‘For (2) by adding at the end the following: (b)(5)(A) shall— purposes of determining when the 12-month pe- ‘‘(b) RESUBMITTAL OF CLAIMS.—After the date ‘‘(i) be considered to be conclusive; and riod ends, a claim under this Act shall be of the enactment of the Radiation Exposure ‘‘(ii) be subject to a fair and random audit deemed filed as of the date of its receipt by the Compensation Act Amendments of 2000, any procedure established by the Attorney General. Attorney General. In the event of the denial of claimant who has been denied compensation ‘‘(B) CERTAIN WRITTEN DIAGNOSES.— a claim, the claimant shall be permitted a rea- under this Act may resubmit a claim for consid- ‘‘(i) IN GENERAL.—For purposes of this Act, a sonable period in which to seek administrative eration by the Attorney General in accordance written diagnosis made by a physician described review of the denial by the Attorney General. with this Act not more than three times. Any re- under clause (ii) of a nonmalignant pulmonary The Attorney General shall make a final deter- submittal made before the date of the enactment disease or lung cancer of a claimant that is ac- mination with respect to any administrative re- of the Radiation Exposure Compensation Act companied by written documentation shall be view within 90 days after the receipt of the Amendments of 2000 shall not be applied to the considered to be conclusive evidence of that dis- claimant’s request for such review. In the event limitation under the preceding sentence.’’. (g) EXTENSION OF CLAIMS AND FUND.— ease. the Attorney General fails to render a deter- (1) EXTENSION OF CLAIMS.—Section 8 of the ‘‘(ii) DESCRIPTION OF PHYSICIANS.—A physi- mination within 12 months after the date of the Radiation Exposure Compensation Act (42 cian referred to under clause (i) is a physician receipt of such request, the claim shall be U.S.C. 2210 note) is amended by striking ‘‘20 who— deemed awarded as a matter of law and paid.’’; years after the date of the enactment of this ‘‘(I) is employed by the Indian Health Service and or the Department of Veterans Affairs; or (C) by adding at the end the following: Act’’ and inserting ‘‘22 years after the date of ‘‘(II) is a board certified physician; and ‘‘(2) ADDITIONAL INFORMATION.—The Attorney the enactment of the Radiation Exposure Com- ‘‘(III) has a documented ongoing physician General may request from any claimant under pensation Act Amendments of 2000’’. patient relationship with the claimant. this Act, or from any individual or entity on be- (2) EXTENSION OF FUND.—Section 3(d) of the ‘‘(2) CHEST X-RAYS.— half of any such claimant, any reasonable addi- Radiation Exposure Compensation Act (42 ‘‘(A) IN GENERAL.—For purposes of this Act, a tional information or documentation necessary U.S.C. 2210 note) is amended in the first sen- chest x-ray and the accompanying interpretive to complete the determination on the claim in tence by striking ‘‘date of the enactment of this reports described in subsection (b)(5)(B) shall— accordance with the procedures established Act’’ and inserting ‘‘date of the enactment of ‘‘(i) be considered to be conclusive; and under subsection (a). the Radiation Exposure Compensation Act ‘‘(ii) be subject to a fair and random audit ‘‘(3) TREATMENT OF PERIOD ASSOCIATED WITH Amendments of 2000’’. TTORNEY EES IMITATION procedure established by the Attorney General. REQUEST.— (h) A F L .—Section 9 of ‘‘(B) CERTAIN WRITTEN DIAGNOSES.— ‘‘(A) IN GENERAL.—The period described in the Radiation Exposure Compensation Act (42 ‘‘(i) IN GENERAL.—For purposes of this Act, a subparagraph (B) shall not apply to the 12- U.S.C. 2210 note) is amended to read as follows: written diagnosis made by a physician described month limitation under paragraph (1). ‘‘SEC. 9. ATTORNEY FEES. in clause (ii) of a nonmalignant pulmonary dis- ‘‘(B) PERIOD.—The period described in this ‘‘(a) GENERAL RULE.—Notwithstanding any ease or lung cancer of a claimant that is accom- subparagraph is the period— contract, the representative of an individual panied by written documentation that meets the ‘‘(i) beginning on the date on which the Attor- may not receive, for services rendered in connec- definition of that term under subsection (b)(5) ney General makes a request for additional in- tion with the claim of an individual under this

VerDate 11-MAY-2000 05:56 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00097 Fmt 4624 Sfmt 6333 E:\CR\FM\A28JN6.146 pfrm01 PsN: S28PT1 S6038 CONGRESSIONAL RECORD — SENATE June 28, 2000 Act, more than that percentage specified in sub- ‘‘(d) GRANT AND CONTRACT AUTHORITY.—Enti- much more today than we did in 1990 section (b) of a payment made under this Act on ties receiving a grant under subsection (b) may when Congress passed the original com- such claim. expend the grant to carry out the purpose de- pensation program, the Radiation Ex- ‘‘(b) APPLICABLE PERCENTAGE LIMITATIONS.— scribed in such subsection. posure Compensation Act. Our current The percentage referred to in subsection (a) is— ‘‘(e) HEALTH COVERAGE UNAFFECTED.—Noth- ‘‘(1) 2 percent for the filing of an initial claim; ing in this section shall be construed to affect state of scientific knowledge allows us and any coverage obligation of a governmental or to pinpoint with more accuracy which ‘‘(2) 10 percent with respect to— private health plan or program relating to an diseases are reasonably believed to be ‘‘(A) any claim with respect to which a rep- individual referred to under subsection (b)(1). related to radiation exposure, and that resentative has made a contract for services be- ‘‘(f) REPORT TO CONGRESS.—Beginning on Oc- is what necessitated the legislation we fore the date of the enactment of the Radiation tober 1 of the year following the date on which are considering today. Exposure Compensation Act Amendments of amounts are first appropriated to carry out this 2000; or section and annually on each October 1 there- The RECA amendments of 2000 up- ‘‘(B) a resubmission of a denied claim. after, the Secretary shall submit a report to the dates that 1990 law in a number of im- ‘‘(c) PENALTY.—Any such representative who Committee on the Judiciary and the Committee portant areas. Let me briefly take this violates this section shall be fined not more than on Health, Education, Labor, and Pensions of opportunity to summarize the improve- $5,000.’’. the Senate and to the Committee on the Judici- ments to RECA that S. 1515 makes: (i) GAO REPORTS.— ary and the Committee on Commerce of the (1) IN GENERAL.—Not later than 18 months 1. It expands the list eligible diseases House of Representatives. Each report shall (leukemia) and other cancers eligible after the date of the enactment of this Act, and summarize the expenditures and programs fund- every 18 months thereafter, the General Ac- ed under this section as the Secretary deter- for compensation to include: lung; thy- counting Office shall submit a report to Con- mines to be appropriate. roid; breast (male and female); esoph- gress containing a detailed accounting of the ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— agus; stomach; pharynx, small intes- administration of the Radiation Exposure Com- There are authorized to be appropriated for the tine; pancreas; bile ducts; salivary pensation Act (42 U.S.C. 2210 note) by the De- purpose of carrying out this section $20,000,000 gland; urinary bladder; brain, colon; partment of Justice. for fiscal year 1999 and such sums as may be ovary; gall bladder, or liver in those (2) CONTENTS.—Each report submitted under necessary for each of the fiscal years 2000 claimants referred to as ‘‘down- this subsection shall include an analysis of— through 2009.’’. (A) claims, awards, and administrative costs winders’’ and onsite test participants. under the Radiation Exposure Compensation Mr. HATCH. Mr. President, I am 2. It extends eligibility to other dis- Act (42 U.S.C. 2210 note); and pleased that the Congress is approving eases (non-cancers) including pul- (B) the budget of the Department of Justice one of my top legislative priorities, the monary fibrosis, silicosis and pneumo- relating to such Act. ‘‘Radiation Exposure Compensation coniosis to millers and miners. SEC. 4. ESTABLISHMENT OF PROGRAM OF Act Amendments of 2000,’’ (S. 1515) 3. It includes two new counties, GRANTS TO STATES FOR EDU- which will update the compensation Wayne and San Juan, as well as several CATION, PREVENTION, AND EARLY program Congress enacted a decade DETECTION OF RADIOGENIC CAN- other counties from other states. ago. The amendments we pass tonight CERS AND DISEASES. 4. It extends eligibility for compensa- Subpart I of part C of title IV of the Public will make certain that more Utahns tion to include above-ground and open- Health Service Act (42 U.S.C. 285 et seq.) is who were exposed to radiation during pit uranium mine workers, uranium amended by adding at the end the following: the Cold War can now be granted de- mill workers, and individuals who ‘‘SEC. 417C. GRANTS FOR EDUCATION, PREVEN- served compensation to recognize the TION, AND EARLY DETECTION OF transported uranium ore. Under the injuries and hardship they and their RADIOGENIC CANCERS AND DIS- 1990 law, only underground miners of families have suffered. It will also EASES. uranium were included. ‘‘(a) DEFINITION.—In this section the term ‘en- streamline the application process, tity’ means any— making it easier for eligible claimants 5. In an important change, it elimi- ‘‘(1) National Cancer Institute-designated to qualify. nates a distinction between smokers cancer center; Mr. President, we our government and nonsmokers. While I appreciate the ‘‘(2) Department of Veterans Affairs hospital can never truly make right the unan- concern of government officials that or medical center; ticipated illness and injury caused by smokers who became ill could not rea- ‘‘(3) Federally Qualified Health Center, com- sonably attribute that illness to radi- munity health center, or hospital; our Nation’s nuclear testing program. ‘‘(4) agency of any State or local government, But we should do all we can, and it is ation exposure, many constituents including any State department of health; or my fervent hope these amendments have explained to me that it was vir- ‘‘(5) nonprofit organization. show Congress’ commitment to right- tually impossible to provide reliable ‘‘(b) IN GENERAL.—The Secretary, acting ing a wrong in which the government documentation about as to whether through the Administrator of the Health Re- they had smoked or not. Thus, I in- sources and Services Administration in con- played such a substantial role. S. 1515 is aimed at improving a pro- sisted in this change so that claimants sultation with the Director of the National In- no longer need to prove they were non- stitutes of Health and the Director of the Indian gram which provides a measure of com- Health Service, may make competitive grants to pensation to individuals who have sus- smokers. For many individuals, this any entity for the purpose of carrying out pro- tained illness due to radiation expo- will ease the application process im- grams to— sure. These are fellow Americans who measurably. ‘‘(1) screen individuals described under sec- have suffered terribly from cancer and 6. It allows for certified physician/pa- tion 4(a)(1)(A)(i) or 5(a)(1)(A) of the Radiation other debilitating diseases resulting tient written documentation and ap- Exposure Compensation Act (42 U.S.C. 2210 from exposure to fallout and uranium propriate tests (e.g. CAT scans and note) for cancer as a preventative health meas- MRIs) to be used in the verification of ure; mining during this narrow period of ‘‘(2) provide appropriate referrals for medical our history. a claim. This will also ease the claim- treatment of individuals screened under para- In meetings with constituents over ant’s application process tremen- graph (1) and to ensure, to the extent prac- the past several years, I have heard dously. Before, claimants had to search ticable, the provision of appropriate follow-up countless heart-rending stories about for specific documentation that may services; the devastating effects families have have never existed or was disposed of ‘‘(3) develop and disseminate public informa- felt due to their exposure to radiation. years earlier. tion and education programs for the detection, 7. In another important provision, prevention, and treatment of radiogenic cancers I recall so vividly one young woman in and diseases; and St. George, Utah talking about the these amendments respect Native ‘‘(4) facilitate putative applicants in the docu- ‘‘beautiful sky’’ that her mother called American law in claims processing as mentation of claims as described in section 5(a) all the children outside to view, thus it applies to survivor eligibility based of the Radiation Exposure Compensation Act (42 exposing every family member to radi- on law, tradition, and custom of a par- U.S.C. 2210 note). ation. Tragically, many of those family ticular Indian tribe (i.e. martial sta- ‘‘(c) INDIAN HEALTH SERVICE.—The programs members were eventually diagnosed tus). under subsection (a) shall include programs pro- 8. While the bill retains the RECA’90 vided through the Indian Health Service or with cancer. through tribal contracts, compacts, grants, or Through advances in science, we now levels of compensation and does not cooperative agreements with the Indian Health know so much more about the effects alter the documentation requirements Service and which are determined appropriate of that radiation than we did in the showing that a person was present dur- to raising the health status of Indians. late 1950s and 1960s. In fact, we know so ing the atomic testings, at the request

VerDate 11-MAY-2000 07:02 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.146 pfrm01 PsN: S28PT1 June 28, 2000 CONGRESSIONAL RECORD — SENATE S6039 of Senator DASCHLE, the bill does ex- porters who have worked several years Utahns and other deserving Americans tend compensation to a new group of to see these program modernizations who were injured by our nation’s nu- individuals: millers (and ore trans- through. In particular, I want to thank clear development and testing pro- porters) who are also eligible for my colleagues from the Beehive State, grams. I am hopeful that President $100,000. Representative CHRIS CANNON, a Judici- Clinton will sign this bipartisan bill 9. In the case of millers, miners, and ary Committee member who worked so into law on a priority basis. ore transporters, the bill lowers the hard to get this bill through, and Sen- Mr. DASCHLE. Mr. President, I am amount of documented radiation from ator BOB BENNETT, for his support on delighted that the Senate is passing S. 200 Working Level Months (WLM) to 40 this measure. 1515, the Radiation Exposure Com- Working Level Months. If a miller or Likewise, I want to thank a number pensation Improvement Act Amend- ore transporter applies for compensa- of other Senators for their help in pass- ments of 2000. I deeply appreciate the tion, their exposure documentation can ing this legislation—Senators BEN hard work of my colleague, Senator be either proof of 40 WLM or one year NIGHTHORSE CAMPBELL, JON KYL, and HATCH, in developing this legislation documented employment. This is a big PETE DOMENICI, and Minority Leader and bringing it to this point. change, for with RECA 90, millers and TOM DASCHLE and Senator JEFF BINGA- Hundreds of former uranium workers ore transporters were not even eligible MAN. All of these Senators assisted sub- in South Dakota and thousands across for compensation and miners were re- stantially in developing this legisla- the nation have developed cancer and quired to show proof of 200 WLMs. tion. other life-threatening diseases as a re- 10. Miners and millers are eligible for I would be remiss if I did not thank sult of their work producing uranium compensation if they meet the eligi- members of the Senate Judiciary Com- on behalf of the United States govern- bility criteria for lung cancer and mittee, and especially Senator PAT ment. Although the federal govern- chronic lung diseases mentioned above LEAHY, for their help and cooperation ment knew that this work put the in #2. Millers are eligible for compensa- on this issue. And, I want to pay spe- health of these men and women at risk, tion if they develop renal cancers, cial tribute to my counterpart in the it failed to take appropriate steps to chronic renal disease including nephri- House, Chairman HENRY HYDE, as well warn or protect them. tis and kidney tubal tissue injury. The as to Representative LAMAR SMITH, In 1990, Congress passed landmark compensation would be $100,000. Chairman of the Subcommittee on Im- legislation to compensate these indi- 11. Finally, at the suggestion of sev- migration and Claims. viduals. The legislation before us today eral Washington County, Utah con- Finally, I would also like to thank takes critically-needed steps to amend stituents, the bill includes a new grant the ranking member of the House Judi- this act to make it easier for victims program that will help with early de- ciary Committee, Representative JOHN to apply for and receive compensation. tection, prevention and screening of CONYERS, Representative BARNEY It also broadens the availability of radiogenic diseases. These programs FRANK, and Representative JOE SKEEN compensation by updating the list of will screen for the early warning signs for their generous support and con- compensable diseases to take into ac- of cancer, provide medical referrals and tributions toward the passage of this count the latest science and by extend- educate individuals on prevention and bill. I would also be remiss if I did not ing compensation to groups of workers treatment of radiogenic diseases. The mention the contributions made to this excluded from the original law. Most grant program is designed to be avail- bill by Stewart Udall, whose substan- importantly, it makes compensation able to a wide range of community- tial work on RECA and these amend- available to workers in all states, in- based groups, including cancer centers, ments should not go unnoticed. cluding my home state of South Da- hospitals, Veterans Affairs medical I want to offer sincere appreciation kota. The original law limited com- centers, community health centers and for the assistance and cooperation of pensation to workers in five states state departments of health. key staff, including Cindy Blackston of only, despite the fact that workers in I am extremely grateful to the inter- the House Judiciary Committee, Trudy other states faced identical cir- ested and concerned constituents who Vincent of Senator BINGAMAN’s staff, cumstances. helped in the drafting of the RECA Peter Hansen and Mark Childress of It is critical that we pass this legisla- amendments. Many times, their heart- Senator DASCHLE’s staff, and Ed tion as quickly as possible in order to felt stories helped lead to provisions in Pagano of Senator LEAHY’s staff. provide these individuals with com- the legislation which can only help im- Also, I want to recognize the hard pensation. Many are sick, and unable prove the program. For example, in one work by my own staff on this legisla- to afford adequate health insurance. meeting on the bill held in St. George, tion. I have often thought that the This compensation will provide them Utah, a woman explained to my office probability of any bill passing by unan- with vital assistance. that the compensation program, while imous consent is an inverse relation- While I believe we need to send this well-intended, could never make fami- ship to the number of hours spent de- legislation to the President imme- lies who had experienced radiation- veloping it. This bill has been a long diately, there is one issue I hope to ad- caused illness whole again. She ex- time in development. Dr. Marlon Priest dress as quickly as possible. The cur- pressed her feeling that the greater began the research phase for this bill rent version of this legislation sets dif- good could come not from compen- over two years ago. Dr. David Russell ferent standards of eligibility for com- sating individuals, but from instituting has brought the legislation to its com- pensation for uranium millers and ura- programs which will help families de- pletion. Pattie DeLoatche, Rob Fore- nium miners. Uranium millers must tect potential illness earlier, allowing man, Shawn Bently, Troy Dow, Jean- demonstrate that they worked in a them to be treated more successfully nine Holt, and Patricia Knight have mill for a year. However, miners must and cost-effectively. From that con- worked tirelessly together on behalf of demonstrate that they were exposed to versation was born the new prevention this legislation. 40 or more working level months of ra- grant program, which I believe will And last, but not least, I want to diation. Given that miners’ records prove to be extremely successful. thank the many constituents who of- about their level of exposure have now Our nation has a commitment to the fered helpful suggestions to me as we been lost, or were kept inaccurately, I thousands who suffered ill-effects from worked to enact S. 1515. I have a tre- believe we should set the one year radiation exposure during a period of mendous appreciation for their deter- standard for both categories of work- nuclear testing critical to our Nation’s mination, dedication and hard work ers. Would the Senator from Utah defense capabilities. I believe we have which was such a necessary part of agree at the first available opportunity an obligation to those who were in- crafting this legislation. to seek to amend this legislation to jured, especially since they were not The Radiation Exposure Compensa- state that miners must simply dem- adequately warned about the potential tion Act Amendment of 2000 is an im- onstrate that they worked in a mine health hazards involved in their expo- portant piece of legislation which will for one year to be eligible to receive sure. speed up the application process as well compensation? This legislation was made possible by as modernize the criteria for com- Mr. HATCH. I agree to work with the a staunch group of bipartisan sup- pensation, helping thousands of fellow Democratic Leader. While we cannot

VerDate 11-MAY-2000 05:56 Jun 29, 2000 Jkt 079060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.157 pfrm01 PsN: S28PT1 S6040 CONGRESSIONAL RECORD — SENATE June 28, 2000 afford a delay in sending the current uranium in New Mexico, Colorado, Ari- The bill clerk read as follows: bill to the resident, a strong argument zona, Wyoming and Utah. Even though A bill (S. 2808) to amend the Internal Rev- can be made that both miners and mill the Federal Government had adequate enue Code of 1986 to temporarily suspend the workers should have the same standard knowledge of the hazards involved in Federal fuels tax. of eligibility for compensation. I will uranium mining, these miners, many of Mr. BROWNBACK. Mr. President, I work with the Senator in an expedi- whom were Native Americans, were now ask for its second reading, and I tious manner to address this issue and sent into inadequately ventilated object to my own request. make any necessary amendment. mines with virtually no instruction re- The PRESIDING OFFICER. The ob- Mr. DASCHLE. I thank my colleague garding the dangers of ionizing radi- jection is heard. and once again commend him for his ation. These miners had no idea of The bill will be read the second time outstanding work on this issue. those dangers. Consequently, they in- on the next legislative day. Mr. LEAHY. Mr. President, I am haled radon particles that eventually f pleased that the Senate is passing S. yielded substantial doses of ionizing ra- 1515, the Radiation Exposure Com- diation. As a result, these miners have ORDERS FOR THURSDAY, JUNE 29, pensation Act Amendments of 2000, and a substantially elevated cancer rate 2000 sending it to President Clinton for his and incidence of incapacitating res- Mr. BROWNBACK. I ask unanimous signature into law. I want to congratu- piratory disease. The health effects of consent that when the Senate com- late the Chairman of the Judiciary uranium mining in the fifties and six- pletes its business today, it stand in Committee, Senator HATCH, and the ties remain the single greatest concern adjournment until 9:30 a.m. on Thurs- Senator from New Mexico, Senator of many former uranium miners and day, June 29. I further ask that on BINGAMAN, for their leadership on this millers and their families and friends. Thursday, immediately following the bill. In 1990, I was pleased to co-sponsor prayer, the Journal of proceedings be During the Senate Judiciary Com- the original RECA legislation to pro- approved to date, the morning hour be mittee consideration of this legislation vide compassionate compensation to deemed expired, the time for the two last year, I offered an amendment on uranium miners. I believe that our ef- leaders be reserved for their use later behalf of Senator BINGAMAN to add the forts in 1990 were well intentioned but in the day, and the Senate then resume category of renal disease affecting ura- have not proven to be as effective as we consideration of H.R. 4762, the disclo- nium miners to the coverage of the Ra- had hoped in providing redress to those sure bill under the previous order. diation Exposure Compensation Act. I individuals who suffered the effects of The PRESIDING OFFICER. Without am pleased to report that our amend- working in uranium mines or mills or objection, it is so ordered. ment has been retained in the final transporting the ore. The government version of this legislation. I know that has the responsibility to compensate f Senator BINGAMAN sought higher com- all those adversely affected and who PROGRAM pensation levels for radiation exposure have suffered health problems because victims in his original legislation, but they were not adequately informed of Mr. BROWNBACK. For the informa- has agreed to this bipartisan com- the risks they faced while mining, tion of all Senators, on Thursday the promise to ensure the bill’s final pas- milling, and transporting uranium ore. Senate will resume consideration of sage into law this year and to expedite Now we are getting ready to pass this the disclosure bill at 9:30 a.m. Under compensation to radiation exposure comprehensive amendment to RECA to the previous order, there will be clos- victims in New Mexico. correct omissions, make RECA con- ing remarks on the bill with a vote on I want to commend Senator HATCH sistent with current medical knowl- final passage to occur at approximately and Senator BINGAMAN for a job well edge, and to address what have become 9:40 a.m. Under the order, a vote in re- done. administrative horror stories for the lation to the Frist amendment to the Mr. BINGAMAN. Mr. President, I rise claimants. With passage of this bill, Labor-HHS appropriations bill will im- today with my colleague from Utah, we’re now a Presidential signature mediately follow the disposition of the Senator HATCH, and others, to recog- away from offering compensation to disclosure bill. nize we are passing S. 1515, which thousands more uranium workers than As a reminder, there is a finite list of makes long overdue improvements to ever. amendments to the Labor appropria- the Radiation Exposure Compensation Mr. President, the success of this bill tions bill. Those Senators who have Act of 1990. is due in large part to Paul Hicks, who amendments on the list should work Mr. President, RECA was originally stood up for uranium workers, and with the bill managers on a time to enacted in 1990 as a means of compen- strongly encouraged Congress to do the offer their amendments during tomor- sating the individuals who suffered right thing by passing this bill. Paul row’s session. Final passage on the bill from exposure to radiation as a result was President of the Uranium Workers is expected to occur by midafternoon. of the U.S. government’s nuclear test- of New Mexico, and his passing just f ing program and federal uranium min- two months ago makes today’s action ing activities. While the government bittersweet. But I hope his family can ADJOURNMENT UNTIL 9:30 A.M. can never fully compensate for the loss take comfort in the fact that he made TOMORROW of a life or the reduction in the quality a tremendously positive impact on the Mr. BROWNBACK. Mr. President, if of life, RECA serves as a cornerstone lives of thousands of uranium workers. there is no further business to come be- for the national apology Congress ex- Mr. President, I am appreciative of fore the Senate, I now ask that the tended to those adversely affected by all the hard work done on this bill by Senate stand in adjournment under the the various radiation tragedies. In Senator HATCH and others, and I hope previous order. keeping with the spirit of that apology, the President will sign this bill as soon There being no objection, the Senate, the legislation the Senate is passing as possible so that justice will be de- at 9:32 p.m., adjourned until Thursday, today will further correct existing in- layed no longer. June 29, 2000, at 9:30 a.m. justices and provide compassionate Mr. BROWNBACK. I ask unanimous f compensation for those whose lives and consent that the Senate agree to the amendment of the House. health were sacrificed as part of our NOMINATIONS nation’s effort to win the Cold War. The PRESIDING OFFICER. Without Executive nominations received by While this bill does not go as far as the objection, it is so ordered. f the Senate June 28, 2000: bill I originally introduced in the Sen- ate this Congress, I am pleased that we MEASURE READ FOR THE FIRST DEPARTMENT OF DEFENSE have been able to take these important TIME—S. 2808 DONALD MANCUSO, OF VIRGINIA, TO BE INSPECTOR GENERAL, DEPARTMENT OF DEFENSE, VICE ELEANOR steps to begin to compensate our citi- Mr. BROWNBACK. Mr. President, I HILL. zens for the sacrifices they made. understand that S. 2808 is at the desk, CORPORATION FOR PUBLIC BROADCASTING During the period of 1947 to 1961, the and I ask for its first reading. KENNETH Y. TOMLINSON, OF VIRGINIA, TO BE A MEM- Federal Government controlled all as- The PRESIDING OFFICER. The BER OF THE BOARD OF DIRECTORS OF THE CORPORA- TION FOR PUBLIC BROADCASTING FOR A TERM EXPIRING pects of the production of nuclear fuel. clerk will read the bill for the first JANUARY 31, 2006, VICE HENRY J. CAUTHEN, TERM EX- One of these aspects was the mining of time. PIRED.

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