Wayne Allard

Mr. ALLARD

Mr. ALLARD. Mr. President, today I rise in strong support of S. 1059, the National Defense Authorization Act for Fiscal Year 2000. As the Personnel Subcommittee chairman, I take great pleasure in which Senator Cleland, the ranking member, and the other members of the subcommittee were able to provide for our men and women in uniform. Every leader in the military tells me the same thing, without the people the tools are useless. We must take care of our people and the personnel provisions in this bill were developed in a bipartisan manner. This bill is responsive to the manpower readiness needs of the military services; supports numerous quality of life improvements for our service men and women, their families, and the retiree community; and reflects the budget realities that we face today and will face in the future. First, military manpower strength levels. The bill adds 92 Marine personnel over the administration's request for an active duty end strength of 1,384,889. It also recommends a reserve end strength of 874,043--745 more than the administration requested. The bill also modifies but maintains the end-strength floors. While I do not believe that end-strength floors are a practical force management tool, I am personally concerned that the strength levels of the active and reserve forces are too low and that the Department of Defense is paying other bills by reducing personnel. Therefore, it is necessary to send a message to the administration that they cannot permit personnel levels to drop below the minimums established by the Congress. On military personnel policy, there are a number of provisions intended to support the recruiting and retention and personnel management of the services. Among the most noteworthy, are the several provisions that permit the services to offer 2-year enlistments with bonuses and other incentives. This is a pilot program in which students in college or vocational or technical schools could enlist and remain in school for 2 years before they actually go on active duty. Many Senators have expressed their concerns about the operational tempo of the military. That is why this bill attempts to address this problem by requiring the services to closely manage the Personnel and Deployment Tempo of military personnel. We would require a general or flag officer to approve deployments over 180 days in a year; a four-star general or admiral to approve deployments over 200 days and would authorize a $100 per diem pay for each day a service member is deployed over 220 days. The briefings and hearings in the personnel subcommittee have found that the single most cited reason for separation is time away from home and families. At the same time, the services have not been effective in managing the Personnel and Deployment Tempo for their personnel. I am confident that the provision will focus the necessary attention on the management of this problem. Another important provision is the expansion of Junior ROTC or JROTC programs. A number of members and the service Chiefs and personnel Chiefs told me that they believed Junior ROTC is an important program and that an expansion was not only warranted but needed. Thus we have added $39 million to expand the JROTC programs. These funds will permit the Army to add 114 new schools; the Navy to add 63 new schools; the Air Force to add 63 new schools; and the Marine Corps to exhaust their waiting list to 32 schools. This is a total of 272 new JROTC programs in our school districts across the country. I am proud to be able to support these important programs that teach responsibility, leadership, ethics, and assist in military recruiting. In military compensation, our major recommendations are extracted from S. 4, the Soldiers', Sailors', Airmen's and Marines' Bill of Rights Act of 1999. First, this bill authorizes a 4.8-percent pay raise effective January 1, 2000 and a restructuring of the pay tables effective July 1, 2000. Another provision includes a Thrift Savings Plan for active forces and the ready reserves and a plan to offer service members who entered the service on or after August 1, 1986, the option to receive a $30,000 bonus and remain under the ``Redux'' retirement or to change to the ``High-three'' retirement system. In order to assist the active and reserve military forces in recruiting, there are a series of bonuses and new authorities to support the ability of our recruiters to attract qualified young men and women to serve in the armed forces. There are also several new bonuses and special pays to incentivize aviators, surface warfare officers, special warfare officers, air crewmen among others to remain on active duty. Two additional provisions from S. 4 are in this bill. A special retention initiative would permit a service secretary to match the thrift savings contribution of service members in critical specialties in return for an extended service commitment. Also, thanks to the hard work of Senator McCain and Senator Roberts, another provision authorizes a special subsistence allowance for junior enlisted personnel who qualify for food stamps. In health care, there are several key recommendations. There is a provision that would require the Secretary of Defense to implement a number of initiatives to improve delivery of health care under TriCare. Another provision would require each Lead Agent to establish a patient advocate to assist beneficiaries in resolving problems they may encounter with TriCare. Finally there are a number of general provisions including one to enforce the reductions in management headquarters personnel Congress directed several years ago and several to assist the Department of Defense Dependents School System to provide quality education for the children of military personnel overseas. Before I close, as a first time Senator subcommittee chair, I express my appreciation to Senator Cleland for his leadership and assistance throughout this year as we worked in a bipartisan manner to develop programs which enhance personnel readiness and quality of life programs. I also thank the members of the subcommittee, Senator Thurmond, Senator McCain, Senator Snowe, Senator Kennedy, and Senator Reed, and their staffs. Their hard work made our work better and helped me focus on those issues which have the greatest impact on soldiers, sailors, airmen and marines. Mr. President, I finish by thanking Chairman Warner for the opportunity to point out some of the highlights in the bill which the Personnel Subcommittee has oversight and to congratulate him and Senator Levin on the bipartisan way this bill was accomplished and ask that all Senators strongly support S. 1059. I yield the floor.

Mr. ALLARD. Mr. President, I suggest the absence of a quorum.

Mr. ALLARD

Mr. ALLARD. I thank the Senator from Kansas for yielding. I ask unanimous consent that I be made a cosponsor of the Roberts amendment.

Mr. ALLARD

Mr. ALLARD. I will be talking about amendment No. 351, which is the Allard amendment.

Mr. ALLARD. Mr. President, I understand I have 5 minutes.

Mr. ALLARD. I yield to the Senator.

Mr. ALLARD. Mr. President, I have a question to ask of the chairman. Is he ready for the yeas and nays on this amendment?

Mr. ALLARD. I will wait for that.

Mr. ALLARD. I stand corrected. I thank the Senator from Utah. Basically, there are two parts to this amendment. There is a part which we refer to as the ``findings'' part, and another part which deals with the actual statutory change. The first part, in findings, just says the local school district, working with the school board and the administration and the parents and the students in a school, if they decide to hold a memorial service or to erect a memorial, if they reach a local consensus, there is a finding by the Senate and by the Congress that it is OK for them to go ahead and do that. It is just a finding. It is not a change in law. There is a second part that does deal with statutory changes where there is a change in law, and that says if there happens to be a lawsuit based on the first amendment or one of the other amendments, then on the first amendment it says the school district would pay for its own legal expenses and then the litigants would then pay for their own; whoever is suing would pay for their own legal expenses. The second part of it says the U.S. Attorney General may defend the school district in the lawsuit. It is a very straightforward amendment. The parents of Cassie Bernall recently contacted me about the difficulty they have encountered in establishing a memorial for their daughter. This is in relation to the Columbine High School tragedy. To quote Cassie's father: Our Cassie was the young woman who boldly answered to a gunman ``yes'' when he asked if she believed in God, prompting him to pull the trigger. Cassie's response did not surprise us. . . . It was from her strong faith in [Jesus Christ] and His promise of eternal life that she was empowered to make her stand. My wife . . . and I both believe any Columbine incident memorial should memorialize each individual in a personal way. Everyone knows . . . that Cassie was a very strong Christian. To leave this facet of her persona out would be to mis-memorialize her and others. Mr. and Mrs. Bernall strongly support the amendment that I am proposing today because they have experienced already a threat to their first amendment rights. I urge the Senate to vote yes for the Allard amendment. I yield back the remainder of my time. Mr. President, reclaiming my time, I have been informed that I have another 2\1/2\ minutes.

Mr. ALLARD. I misunderstood.

Mr. ALLARD. I will be glad to yield to the chairman.

Mr. ALLARD. Mr. President, I thank the chairman. I yield the floor.

Mr. ALLARD

Mr. ALLARD. Mr. President, first of all, I thank the majority leader for giving me an opportunity to participate more fully in this legislative process and for his profound concern for the people of Colorado. The majority leader has been especially sensitive to this tragedy as it affected the students, parents, teachers, administrators and the support staff at Columbine High School in Littleton, CO. I appreciate his willingness, along with the chairman of the Judiciary Committee, to work with me on possible solutions in the youth violence bill. There will be proposals to try and prevent future tragedies of this nature in our Nation's schools. There will be those who will try and take advantage of this tragedy for their own personal gain. Sadly, in some cases, some people have already sought to gain from this horror. There will be those who will want to completely ignore the problem believing that it will go away on its own. There will be those who share the views of many editorial writers in Colorado that this is a very complicated issue and that no simple solutions are going to be forth coming. These writers echo my views that only a comprehensive examination of all the contributing factors will yield smart, effective policy. The natural reaction is to seek simple solutions by laying blame. Was it inadequate laws? Inadequate enforcement? Do we blame parents, teachers, students themselves, administrators, politicians, organizations, the entertainment industry, churches, or the whole of society? Do we blame the Constitution of the United States? We need to put all this finger pointing aside and realize that we didn't come to this point overnight, that no one-thing is culpable, and that finding sensible solutions will take some time. Now is the time to concentrate and focus on what can be done about the emerging violence we are seeing in our schools. This is the time for us to look for responsible solutions. Now is the time to try and come up with common sense solutions that will make schools more safe. The Constitution of the United States is one of civilization's greatest documents. It has served magnificently as the basic governor of this nation, the world's greatest nation, as it has developed and thrived for over 200 years. The Constitution continues to serve us well and will serve us well as we go through dramatic change in the future. It is the bedrock and the foundation that moves us through national crises while preserving individual freedom. It empowers and checks the government in thoughtful, humble, and timeless language. I would like to take this opportunity to briefly examine the Bill of Rights in the context of today's world and in light of the recent shootings in our schools. During the most recent violent school crisis in Colorado and previously in Oregon, Arkansas, Kentucky, and Mississippi, we are suffered the sense of loss, pain, anger, and frustration from each event. We collectively witnessed the anguish of students, teachers, parents, administrators, and law enforcement through an intense and at time intrusive news media invasion. The wide and dramatic coverage of these events often inspires copycat crimes. But we do not throw out the first amendment. We have seen what happens in societies where there is no freedom of the press. We have witnessed the danger of censorship and government control of the media most recently in Iraq and Yugoslavia; ruthless dictators shut off the free flow of information to strengthen their grip on people who don't enjoy the benefits of a free press! Yes, some who report the news can be insensitive, irritating and down-right rude, but the alternative is far worse. Most news reporting is responsible. It seems as though we re flooded in today's world with acts of violence from guns, knives, and bombs. Anger wells-up inside us as we read and witness such senseless acts of violence, especially in our schools which are supposed to be safe havens for learning. There are many responsible, law-abiding Americans who own and use firearms today. We have witnessed many cases where ruthless dictators have moved early in their reign to disarm their soon-to-be victims. Yes, of the 270 million people in this country there are a few who are a menace to society with the guns that they own, but we cannot forget the many responsible gun owners in the United States. Guns have sporting uses, but they also save lives. Let us not forget that guns have been used to protect people, and they will continue to do so in the future. The third amendment to the Constitution talks about the excesses of the military in terms of the home. It recognizes the right of the citizen to have his own home and to have it as his sanctuary free from any soldier claiming a greater right than the citizen. In times of civil crisis we occasionally see the military used to ensure safety. Most soldiers are dedicated and trustworthy servants of this country and it is only on the rare occasion that one is not. Throughout these crises in our schools we have seen a highly charged and emotional police force move to secure the area and conduct an investigation. People are calling for quick action, looking for people to blame, and being critical of every move. The fourth amendment protects students, teachers, administrators, and parents from unfounded accusations and unwarranted seizures. It protects them from the crafty criminal who may want to shift the focus and action to an innocent party. One does not have to look far to see that people in parts of Central America, Iraq, and Yugoslavia do not have this right. During these times of crisis in our schools, people in and around these institutions are protected by due process of law. They cannot be deprived of their life, liberty, and property without due process of law; nor shall private property be taken for public use without just compensation. Some Americans want to disregard these provisions in a time of crisis. There are those who demand immediate resolution regardless of cost, but here we see the grandeur of the fifth amendment as it protects people from whims and the heat of a crisis. In any time of urgent need or catastrophe, the innocent may fall victim to false accusations. This is particularly obvious when elected officials are trying to show the electorate that they can produce results. We have seen the innocent accused and then exonerated by the justice system in cases of violence in our schools, and for this we owe the sixth amendment to our Constitution. During these troubling times in our schools there are claims of injury placed against those who have had a public responsibility. The vast majority of our public servants are good decent Americans who work to serve other people. There are a few, for one reason or another, who fail to carry out their responsibilities. The method for redress in these sad circumstances is provided in the seventh amendment. In responding to the horrific events in our schools the justice system is required to balance bail and punishment with the crime committed. The eighth amendment provides for this process to be fair and judicious. And what of rights not clearly enumerated in the Constitution? The ninth amendment expressly states that as sweeping and dedicated to liberty as the document is, it cannot provide for all freedoms. The ninth amendment allows for the protection of rights not clearly defined by the Constitution indicating a wisdom that we embrace as we approach any crisis. The 10th amendment prevents the Federal Government in times of crisis from ignoring the role of the States. Our forefathers feared most of all not the military but a national police force. The individual states were given the basic responsibilities of law enforcement, and in times of school crisis we have witnessed the effectiveness of this provision. We have also witnessed through our history many nations terrorized by a national police force. In these cases isn't an armed citizenry capable of defending itself the preferred but not perfect solution? My purpose for reviewing these vital amendments to our Constitution, this grand Bill of Rights, is to illustrate that in times of crisis, these rights are the layers of a foundation of liberty on which we live. This bedrock is the sacred strength of our nation. It is the bedrock that supports our churches, our homes, our businesses, and our schools. A natural tendency in times of crisis is to drive wedges into this bedrock in search of a solution. It is my hope that we conduct this debate upon the bedrock, and not within it. I hope during this debate we keep in mind that we do not have the power to eliminate all violence in all schools. We must strive to restore a safe environment for learning within the bounds of individual freedom. A few must not be allowed to destroy that which the American people have prospered and come to appreciate over several centuries. Common sense and sensitivity must prevail. In that light I believe there are things we can do to address school violence. There are no simple solutions and it will not happen overnight but I believe we can begin to move down that road by improving the safety in our schools. Even though schools will be our focus, the problems we face go far beyond the walls of any school, any community, any state, or for that matter any country. The laws we pass will have far reaching effects on numerous aspects of our society. I look forward to proceeding through this legislative agenda in a thoughtful manner, mindful of our sacred responsibility to the bedrock of our nation--the Constitution and the Bill of Rights. I was recently given the honor and privilege of chairing a task force on Youth Violence. This task force, composed of twelve Senators, has thoughtfully deliberated over the problem of youth violence for the past two weeks. Our efforts are, in part, a response to the recent tragedies seen in our nation's schools. We support S. 254, the Juvenile Justice bill, and the efforts of Chairman Hatch and his committee who have labored for the past several years to draft careful reforms that will positively impact our juvenile justice system. In addition, we have come to a consensus on several themes which affect juvenile crime, education and our culture. This package of legislative proposals applies reasonable reforms which we hope will enhance the work of Senator Hatch and his committee. The consensus of themes our task force will be working toward this week are: Stengthening prevention and enforcement assistance to State and local government. This is the first step in a plan which infuses funds to State and local authorities to combat juvenile crime. The Federal government will assist states best by providing flexible block grants. Our plan includes juvenile crime grants; improving our management of juvenile crime records; targeted prevention funding; a plan for graduated sanctions which begin early--when the first signs of delinquent or antisocial behavior appear, and alternative education opportunities for at-risk or problem juveniles. Another point is pushing back the influence of cultural violence by empowering parents and encouraging the public to be socially responsible. Our second step is to help our culture do more to limit the exposure of America's children to harmful and violent entertainment. Following the recent tragedy in my state, it seems clear that our culture's fascination with violence played some role in the thoughts and motivations of the cruel perpetrators of the crimes in Littleton. This includes enacting an entertainment industry code of conduct that allows for further development and enforcement of rating systems to limit exposure to children of material that the industry itself has deemed inappropriate for children. We include a plan to investigate the marketing practices of the entertainment industry where children are concerned. This plan also includes empowering Internet service providers to offer screening and filtering software that is designed to empower parents to limit access to material unsuitable for children. Our package also includes a plan to prohibit the posting of bomb making instructions on the Internet. Last, I am offering two amendments which liberate students and faculty to hold memorial services or to construct a memorial on school property in the aftermath of a tragedy. I will conclude my statement today with remarks on these amendments. The final theme of our package reinforces the theme that it is time to get tough on violent juveniles and firearms used by criminals. The Republican plan makes it more difficult for a juvenile to gain access to a firearm and insures that violent juveniles--teenagers who commit violent crimes--will be held accountable for their actions. We do this by ensuring the prosecution of those who abuse existing firearms laws. This means directing the Department of Justice to make firearms prosecutions a priority--something they have not been so far. We address gun show safety and firearms background checks, juvenile firearms possession, and penalties for firearms offenses across the board. We increase the penalty for theft of a firearm and we increase the mandatory minimum sentences for those who corrupt youth by selling them or encouraging them to sell drugs. We also address safe and secure schools. Republicans want all children to receive a quality education. This experience should be a safe one. We propose numerous options for schools to use federal funds for better teacher training regarding violent students and school security. We provide for mandatory school discipline records disclosure for transferring students; we allow for all schools the opportunity to institute address code or school uniform policy; and we free up teachers and school administrators to adequately discipline students while at the same time giving them limited liability protection. Our bill establishes a national center to boost school security efforts and creates a national award for children with character. In proposing this package, we do not pretend to believe our legislative actions will erase the harm already inflicted on too many Americans. Nor do we believe these laws will guard against all future threats of youth violence. But I do believe that the Congress has an opportunity today to strengthen and enhance our existing laws to empower families and communities to take action against this cultural virus seen in our youth. Our responsibility is to apply reason and temperance to the decisions we make this week, holding close the dearly held principles of life and liberty which are expressed in our Bill of Rights. I am hopeful that the Senate will work together to accomplish this objective. I would like to say a few words regarding my proposed amendments that will be before the Senate the first part of this next week. In the aftermath of the Littleton tragedy, I propose these amendments which will allow Congress to go on record with respect to the constitutionality of a permanent memorial or a memorial service that contains religious speech. Of course, the Allard amendments do not put Congress on record with respect to the kind of memorial that would be appropriate--that decision is for local schools and communities. The Allard amendments do, however, declare that a fitting memorial may contain religious speech without violating the Constitution. As you approach Arlington National Cemetery, signs are posted which say: Welcome to Arlington National Cemetery, Our Nation's Most Sacred Shrine. Please Conduct Yourselves with Dignity and Respect at All Times. Please Remember these are Hallowed Grounds. Similarly, Congress appropriates the funds to pay for chaplains who conduct memorial services not only at Arlington Cemetery but wherever they are needed to serve our departed men and women of the Armed Forces and their families. We recognize that paying for chaplains to conduct memorial services is not an establishment of religion by the Government, but a dignified and proper Government function. The Supreme Court has noted that the chaplaincies of the various branches of the service are constitutional. Likewise, no one could seriously contend that the signs identifying Arlington Cemetery as a sacred shrine and hallowed ground are establishments of religion. So today I am offering an amendment which states that it is fitting and proper for a school to hold a memorial service when a student or teacher is killed on school grounds. And it is fitting and proper to include religious references, songs, and readings in such a service. Memorial services help the grieving process of students and faculty, bring a school together in the face of tragedy, and meet a need deeply felt by so many to see their friend given recognition in a dignified and solemn manner. My amendment allows students and faculty of a public school to hold a memorial service that includes prayer, reading of scripture, or the performance of religious music at a memorial service that is held on the campus of a public school in order to honor the memory of any person slain on that campus. As a part of my proposed amendment there is a section that allows for the construction of a memorial that includes religious symbols or reference to God on school property. In either case, if a lawsuit is brought forth, parties are required to pay their own fees and costs and the Attorney General is authorized to provide legal assistance to defenders. This is not the equivalent of a daily school prayer. A memorial service is a very specific response to an unusual circumstance, a circumstance I hope we will not have to revisit again. The amendments specifically mention that religious songs may be sung at such memorials without violating the Constitution. The two federal appeals courts that have taken up this issue both have ruled that school choirs may sing religious music. And the Fifth Circuit Court of Appeals held that it was constitutional for a public high school choir to have ``The Lord Bless You and Keep You'' as its signature song. In the same way, erecting a memorial that contained religious references, such as a quote from scripture, or a religious symbol from the deceased's religious tradition, would not violate the establishment clause of the Constitution. In any community visited by such a tragedy, a person who views such a memorial with religious symbols or references that were important to the deceased would certainly not see some sort of covert attempt to establish an official religion. Rather, they would see a fitting and proper memorial to a departed friend. I urge my colleagues to support my modest proposal. This legislation does two things. It requires that if a school holds memorial services or puts up a memorial in response to a killing on school grounds, and the school is sued, then all parties will bear their own costs and attorneys fees. A school that has experienced a tragedy of this kind should not have to worry about someone bringing a suit and winning thousands and thousands of dollars in attorney fee awards just because the school decides to hold a memorial service or put up a memorial. Second, this legislation permits--but does not require--the Attorney General to aid a school in defending against these suits. This is one small thing we can do to help our schools respond in a humane, compassionate, and constitutional way to the violence that has become far too common in our schools. If the people of Colorado believe that religious speech is necessary to memorialize the heroism and tragedy at Columbine High School, then let them express themselves with the most profound and durable expressions of the human heart. Let us adopt this amendment today, hoping an occasion for its use may never happen again. I yield the floor.

Mr. ALLARD

Mr. ALLARD. Mr. President, I object.

Mr. ALLARD

Mr. ALLARD. Mr. President, I would like to take a moment to draw attention to an anniversary. Forty years ago yesterday, the Colorado Boys Ranch Foundation was incorporated. Yesterday they celebrated forty years as a leader in the field of youth work. The Colorado Boys Ranch places emphasis upon youth, especially those who are vulnerable to or troubled by the negative influences and pressures of our society. Their motto is ``It's easier to build a boy than mend a man.'' Thirty eight years ago, my predecessor, Senator John Carroll of Colorado, spoke on this floor on the merits of the then still new Ranch, and I am here to echo the spirit of his comments. Colorado Boys Ranch was created through volunteer labor and public and private contributions. This ranch is located just north of La Junta, Colorado. In 1959 the La Junta Chamber of Commerce and the Colorado County Judge's Association had a vision to build a treatment center for wayward youth coming from broken and unloving homes. The City of La Junta had received from the United States Government an abandoned WWII air field, and they gave the Foundation the civilian housing area from that field. Businesses and volunteers immediately came forth with offers to help remodel this facility to accommodate plans for the Ranch. Of the committee of ten that started the ball rolling, two are still alive. Of the four judges that were involved personally, only one remains. Their volunteerism inspired others over the past forty years, and the overall efforts have been great and still continue strong to help the Ranch in its great efforts. Over the past forty years, 4,000 plus youth have been treated at Colorado Boys Ranch and over 85% have continued on to be productive citizens. The Ranch is accredited with commendation by the Joint Commission on Accreditation of Healthcare Organizations, and is certified and licensed by the Colorado Department of Human Services, Mental Health and Education. The Colorado Boys Ranch program is based upon the following beliefs: That preserving families and family ties takes continual effort and a spirit of renewal. That youth require essential life experiences and skills to maximize their growth and development. That something special happens when the lives of youth and animals connect. And, that CARING BRINGS RESULTS. Recently, the Ranch received the Samaritan Institute Award for Ethics. This prestigious award is presented annually to a non-profit organization that best illustrates the importance of ethical values through its chartered work and its partnership with the business community. I commend the goals of the ranch, and its purpose as a leader in the field of working with vulnerable youth and helping them find their role in modern society. I invite you to visit the Colroado Boys Ranch should you ever be in the state--over its forty year history, it has served youth from over twenty states across our nation. Mr. President, the fortieth anniversary of the Colorado Boys Ranch Foundation would be special any day that it happened to fall upon, but today it is especially notable. We debate today on youth violence and youth crime, and ways to curb that horrible scourge. The Ranch has found a solution, a solution that will not perhaps work across the whole nation, but is certainly working for those it serves. Following also in the path of Senator Carroll, I ask that an article from the Denver Post on the Ranch and its good works be printed in the Record. The article follows. [From the Denver Post, Jan. 23, 1999] Boys Ranch Helps Troubled Youth (By Keith Coffman) Those seeking testimonials about how the horsemanship program helps troubled youth at the Colorado Boys Ranch don't need to look far. Current ranch residents will gladly oblige, thank you very much. ``Before I came here, I was living on the street, taking drugs and didn't care about anything, even myself,'' said George, a 17-year-old who's been at the ranch for six months. ``Now I've learned responsibility by taking care of my horse and focusing on one objective at a time.'' George is one of 60 youth at the ranch, a residential treatment center for troubled boys ages 12 to 18. He was facing jail time for a variety of petty crimes in Nevada. But after six months in Colorado, he now thanks his probation officer for giving him a second chance by suggesting the ranch. ``I still show a little stubbornness, but I've gotten better at listening to people,'' he said. Located on 320 acres near La Junta in southeastern Colorado, the private, nonprofit Colorado Boys Ranch offers therapy, education and pre-vocational training to its residents, many of whom are referred by courts and social service agencies nationwide. A handful of residents and staff participated in several activities at this year's National Western Stock Show and Rodeo as part of the ranch's animal-assisted therapy program. Boys in the program trained three roping, or heading, horses for entries by Colorado Boys Ranch ranch hands in the pre-circuit team roping event earlier in the show. They also showed a 4-year-old donated quarter horse in the halter competition. Although insurance regulations prohibit residents from competing in rodeo and other events, the boys took pride in seeing their contributions to a major event like the National Western, said Jim Kerr, director of the horsemanship program for the Boys Ranch. ``They also get a chance to see our staff and other professionals as positive role models, which I think is very important,'' Kerr said. But the horsemanship program isn't just about playing cowboy, Kerr said. The ranch teaches its charges all facets of horsemanship, from riding to the less-glamorous task of cleaning corrals,. Classroom instruction also is incorporated into real world experience on the ranch. For instance, Kerr said, students apply their math skills to calculate correct feed amounts for the animals they tend, or watch a mare give birth to a foal to get a valuable biology lesson. He said therapists also have found that many boys are more forthcoming in counseling sessions done during a leisurely horseback ride at the ranch, than those held in more formal office settings. For many of the youth, relating to animals often helps them relate to people and prepare them for mainstream society, Kerr said. That's the case for Thurman, 17, who was skipping school and getting into fights in his native Detroit before coming to the ranch 18 months ago. Raising and halter breaking an orphaned filly named Sweet Pea, he said, has taught him to become disciplined enough to get on track for his high school equivalency diploma, with a goal of one day becoming an animal trainer. ``When my mom comes to visit me, she sees how I've changed,'' he said. ``I used to be very angry and aggressive, and couldn't sit still.'' But none of the ranch's success stories surprise Kerr, a former public school teacher. ``I witness a miracle a day here,'' he said.

Mr. ALLARD

Mr. ALLARD. I would like to reiterate Senator Gramm's remarks and thank Senator Jeffords for his interest and insights. As chairman of the Subcommittee on Housing and Transportation, I plan to hold a hearing to examine the need for preservation of affordable rental housing. Specifically, I will focus on the Department of Housing and Urban Development (HUD) Section 8 program with particular attention to prepayment and opt-out issues. I also plan oversight of HUD's implementation of the Multifamily Assisted Housing Reform and Affordability Act. I would like to invite Senator Jeffords to testify at this hearing. I share many of his concerns and appreciate his willingness to work with me on these important issues.

Mr. ALLARD

Mr. ALLARD. Mr. President, this morning the Senate will immediately begin a rollcall vote on the Byrd resolution, S. Res. 94, commending Rev. Jesse Jackson for his role in the return of our POWs. Following the vote, the Senate will be in a period of morning business until 11 a.m., with Senators Coverdell and Dorgan in control of that time. At 11 a.m. the Senate will resume consideration of the Sarbanes substitute amendment to S. 900, the financial modernization bill, with a vote on the Gramm motion to table occurring at approximately 12 noon. Additional amendments are expected and therefore Senators can expect votes throughout today's session of the Senate. I thank my colleagues for their attention. I yield the floor. Mr. BYRD addressed the Chair.

Mr. ALLARD

Mr. ALLARD. I thank both my Republican colleagues for great statements. I think the Senator from New Mexico reminded us of the successes of our banking system and how we should appreciate it. I think he made a very good statement. My colleague from Nebraska, who is working real hard on the Banking Committee with the chairman and all members on the Banking Committee, I appreciate his effort and help on these very important issues. He has contributed considerably to this legislation. I yield the floor.

Mr. ALLARD. Mr. President, I rise in support of S. 900, the financial modernization bill. I supported this legislation as a member of the Banking Committee, and I commend Chairman Gramm for the excellent work he has done in bringing this bill to the floor. The chairman has worked very hard to craft a bill that makes sense. It is balanced and will benefit our economy. This legislation is designed to modernize America's financial services industry by providing a sensible framework for the affiliation of banks, securities firms, insurance companies, and other financial institutions. It is, of course, very difficult to craft a compromise that is acceptable to many diverse interests, but it is necessary that we do so. Much of our financial services industry is governed by laws written in the 1930s. Congress has struggled with this issue for many years. I am hopeful that this is finally the year we enact this legislation. I will focus my comments on several issues concerning community banks. In Colorado, the community bank is an important institution. It is the center of many of our towns and rural areas. I have worked hard to represent their interests in the Banking Committee. I am a supporter of the provisions in this bill to exempt small rural banks from the Community Reinvestment Act. For small banks, the CRA, or Community Reinvestment Act, is a regulatory burden. While a large bank can often devote an entire department to CRA compliance, a small bank has to divert scarce resources toward compliance. Each of these small banks is required to undergo regular exams and actually designate a CRA compliance officer. This makes little sense when one recognizes that small rural banks could not survive if they did not invest in the community. Frankly, where else could they put their money? I will read a few excerpts from Colorado banks on this very important point. From the First National Bank of Stratton: Your amendment removing the CRA requirement will have a positive benefit for small community banks located in nonmetropolitan areas. As a small community bank in a town of 700, the employees and the bank's officers are already involved in literally everything going on in the town. The CRA requirement provides a burdensome paper and personnel requirement for small community banks. Remember, this is coming from a bank in a town of only 700 people. Then from the First National Bank of Cortez: In our bank, our compliance officer spends a great deal of time preparing documents for the CRA file and Bank Examiners. We estimate that it takes 80 to 100 hours each year to update the CRA file, and to date, we have never had a customer ask to see the file. Then from the First National Bank in Las Animas and La Junta: I strongly support the provision to remove the onerous requirements of the CRA from small rural banks. We serve our communities well and if we do not serve the needs of our community we will not exist. From the Kirk State Bank: As a small rural bank, the CRA is a burdensome regulation. In reality, small banks and small communities have to be good community citizens to be successful and a bureaucratic regulation does nothing to improve the situation. Mr. President, I ask unanimous consent to have the text of these letters and others from Colorado bankers printed in the Record.

Mr. ALLARD. Mr. President, on this side I think we have at least two Members right now who want to be recognized to make opening statements. I request we go ahead and give them an opportunity to do that. Mr. HAGEL addressed the Chair.

Mr. ALLARD. Mr. President, I yield back my time. Mr. SCHUMER addressed the Chair.

Mr. ALLARD. Mr. President, these letters contain a number of views on the CRA and other provisions of the bill. Now I want to talk about taxes. For over a year now, I have been working on legislation to reduce the tax burden on small banks. Last week, I introduced S. 875 along with Chairman Gramm and Senators Bennett, Abraham, Hagel, Enzi, Mack, Grams and Shelby. This legislation expands the subchapter S option for small banks. Subchapter S is a portion of the Tax Code designed for small businesses with a modest number of shareholders. The most important feature of subchapter S is that it eliminates the double taxation faced by corporations. Subchapter S businesses are taxed only at the shareholder level. Congress made this provision available to banks 3 years ago. Since then, nearly 1,000 small banks have converted from C corporations to S corporations. Unfortunately, many more would like to convert. They are prevented from doing so by a number of remaining obstacles in the tax law. My legislation would change this by making subchapter S available to many more banks. I will be working closely with Senator Gramm and the Finance Committee in the months to come in an attempt to include this legislation in a tax bill. Mr. President, I will include a full description of the provisions of my bill at the end of these comments. I also want to talk briefly about one additional matter that has come to my attention. This is a proposal to permit banks to be organized as limited liability companies, or LLCs. LLCs were first created in the mid-1980s and have spread throughout the Nation. Virtually every State now permits businesses to be organized as LLCs, as well as corporations and partnerships. The tax benefit of an LLC is similar to that of a subchapter S corporation. Double taxes are eliminated and taxes are paid at the level of the owners. Up to this point, Federal law had limited banks to the corporate form. In recent years, a number of experts have questioned this restriction, and there appear to be good reasons why we may wish to examine permitting small banks to be organized as LLCs. I will provide the chairman with language on this point and ask that he take a good look at it. I want to thank Chairman Gramm, once again, for his hard work on this bill. I have been pleased to be a member of the Banking Committee, and I am pleased to support the legislation. Mr. President, I ask unanimous consent that an explanation of my legislation be printed in the Record.

Mr. ALLARD

Mr. ALLARD. Mr. President, on May 2, 1999, John Elway retired concluding one of the most remarkable sports careers ever. After sixteen National Football League seasons, exactly sixteen years to the day after he was traded to the Denver Broncos by the Baltimore Colts, the Magnificent Number 7 bid farewell to the team he has led to five Super Bowls and two consecutive world championships. John Elway has been among the most prolific quarterbacks ever. He is the all-time winningest quarterback with 148 wins as a starter. In 46 of those wins Elway engineered game winning fourth quarter drives. He stands second in all-time passing yards and third all-time in touchdown passes. He has been elected to nine Pro Bowls, starting in eight of them. He is the only quarterback to ever throw for 3,000 yards and rush for 200 in 7 consecutive seasons. Elway started in a record 5 Super Bowls, and last year was elected MVP of the game. In addition to his peerless offensive production John Elway has been the model of leadership and consistency both on and off the field. On the field Elway missed only 15 games in 16 years due to illness or injury. This toughness is amazing considering that in 256 career games he was sacked an NFL record 559 times. Former Broncos coach Dan Reeves says that it is Elway's mental toughness that has allowed this consistency. Current coach Mike Shanahan cites Elway's competitive hunger and his confidence. What is clear at the end of sixteen years is that Elway's combined physical gifts and the mettle of his character have made him an American icon. Off the field Elway has worked tirelessly for numerous Colorado charities, and his John Elway Foundation has generated more than a million dollars in contributions since its inception. The stability and commitment of the Elway Foundation insures that it will continue to make Colorado a better place for years to come. In an age when so many celebrities shrink under the intensity of the spotlight John Elway has carried himself with class and dignity. It is hard to define what John Elway means to Colorado, but it is clear to me that he is more than just a football player. He is more than just a superstar. He is a figure that stands for something good, something strong and dedicated. John Elway is the athlete you don't mind being a role model. It makes you feel good to see his jersey on a kid playing in the park. I believe that says far more than any statistic. I know that the people of Colorado join me in wishing John Elway and his family the very best.

Mr. ALLARD

Mr. ALLARD. Mr. President, I compliment my colleague, the senior Senator from Colorado, Mr. Campbell, for his fine floor statement. I was especially touched when he brought in the meaning of what was happening in Colorado in relation to his forefathers, the Cheyenne people. It means a lot to me personally to hear those words, because I consider us part of one big family. I do have a perspective that I would like to share with the Members of the Senate. Mr. President, House Concurrent Resolution No. 92 is sponsored by Tom Tancredo. The House of Representatives approved this resolution earlier today, exactly 1 week after Columbine High School was tragically ravaged by two of its students. The school and a large majority of its students live in the Sixth Congressional District. Congressman Tancredo represents this district and lives a short distance from Columbine High School. This resolution is intended to express our feelings of sorrow about the tragedy in Littleton, CO. This resolution is also intended to express our appreciation for those in the community who responded with courage and compassion, including the students themselves. Today, the State of Colorado observed a moment of silence at 11:21 a.m. mountain daylight time. This was approximately when the terrorism began 1 week ago at Columbine High School. Earlier today, the Senate joined Senator Campbell and me in a moment of silence and prayer led by the Senate Chaplain. On behalf of Colorado, and especially the citizens of Jefferson County, I thank you for sharing in this gesture of respect and mourning. My wife Joan and I attended the memorial service this Sunday, April 25, for those who were killed: Cassie Bernall, Steven Curnow, Corey DePooter, Kelly Fleming, Matthew Kechter, Daniel Mauser, Daniel Rohrbough, Rachel Scott, Isaiah Shoels, John Tomlin, Lauren Townsend, Kyle Velasquez, and their teacher, William ``Dave'' Sanders. At the memorial service, we shared our profound sense of loss with Vice President Gore, Colorado Governor Owens, Congressman Tancredo, the students, teachers, and parents of Columbine High, and the people of Jefferson County and Colorado. I have never experienced anything that compares to the collective feeling of loss, sadness, and disbelief in Colorado. I would estimate that approximately 75,000 people attended the memorial service. Among those gathered in sorrow, Joan and I witnessed a strong belief in God. We prayed together and searched for answers. During the past week, many of my colleagues have come to the floor to share their condolences and concern for the students and teachers who have lost their lives or who have been injured in this senseless tragedy. I do hope that our thoughts and prayers have helped to comfort the students, parents, and teachers of the Columbine High School community. Again, I offer my deepest sympathy to those who are suffering. Our Nation continues to grieve with the families and friends of the killed and injured students and teachers. We are still attempting to understand what happened and why. People are trying to cope with the terror that has crept into our lives. It has become obvious at this point that there are no easy answers. We need to examine the problems facing our youth, but it is critical that we take time to carefully consider the solutions being offered. There are things that society can do, but those who are looking for easy solutions should take a step back. The families, teachers, and students of Columbine, and the people of Colorado, need time to mourn their losses. We need to wait for law enforcement to finish their investigation. We should study other instances of school violence throughout America and look for a common thread. We need to carefully evaluate all of the evidence and consider the possible solutions. In addition, it has been estimated that 17 laws were broken by the two students, and we need to evaluate what the current law should have done. Mr. President, I ask unanimous consent to have a list of those 17 laws printed in the Record.

Mr. ALLARD. Mr. President, I suggest the absence of a quorum.