Member of Congress

Kay Hutchison

Role
Former Senator
State
TX
Party
Republican

Speeches

COMPREHENSIVE RETIREMENT SECURITY AND PENSION REFORM ACT OF 2001-- MOTION TO PROCEED2001-11-28

Mrs. HUTCHISON

Mrs. HUTCHISON. Yes.

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AVIATION AND TRANSPORTATION SECURITY ACT--CONFERENCE REPORT2001-11-16

Mrs. HUTCHISON

Mrs. HUTCHISON. Madam President, our side yields back all time.

Mrs. HUTCHISON. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mrs. HUTCHISON. Madam President, on September 11, the terrorists found loopholes in our homeland security. Four airplanes were used as weapons of mass destruction, something we had never seen in our country. Now, 2 months later, we are closing these loopholes in our homeland security. The bill we are passing today will close the loopholes in aviation security so the people of our country, when they get on an airplane, will know every conceivable means of securing that aircraft are being utilized. The bill before us today will create a comprehensive Federal system. There will be Federal screeners. There will be Federal supervisors who are armed law enforcement personnel. There will be a Federal person in charge of every airport in our country to look at the safety system, to make sure it works. After a 2-year period, we will then have the option for other types of security to be offered by an airport and approved by the Secretary. So there can be private screeners or local law enforcement people working in a security system with the approval of the Under Secretary. We will have a pilot program in each of the five major category airports: Category X, categories 1, 2, 3, and 4, that will be all privatized so we can test that system to see if it works. Then, after 2 years of the federalized system, perhaps there will be airports that would prefer to have some privatization. Another element of this bill that closes a loophole is that every checked bag will also be required to be screened. As soon as possible, but no later than 60 days, by some means, every checked bag will also be screened so that if you carry a bag onto the top of the airplane, it will be screened, if it goes on the bottom of the airplane it will be screened. I think that was an important loophole to close. It was my amendment to the bill. I felt very strongly about this. We are also asking the Department of Transportation to expedite the manufacturing of the highest tech equipment possible for the screening of these bags. EDS is the code name for this electronic detection of explosives. We are going to make that a priority as well. We are reinforcing the cockpit doors. We know the cockpits were invaded on September 11. We know that no American pilot would have flown an airplane into a building--not one. That is what they are trained not to do, and they would never do it, but for being overcome and murdered by these terrorists, who did indeed fly into the Pentagon and into the World Trade Center. So the key elements of this bill are going to greatly strengthen our aviation security system in our country. A lot of people have asked me: Are we going to see a difference immediately? We already see a difference immediately. We are seeing people deployed from other agencies, such as the National Guard, who are standing at every screening area at every major airport in our country. What will happen with the bill before us today is that those National Guard units that have been deployed will be substituted with permanent personnel, permanent Federal law enforcement personnel, armed Federal security supervisors. So we will see an immediate change, but we will also see these changes being made permanent. As we phase the National Guard out of their temporary locations, we will be putting permanent Federal law enforcement personnel in their places. We have now detailed air marshals from other agencies. We have FBI agents. We have Border Patrol agents. Other detailees from other Departments are now acting as sky marshals. We will start replacing them with permanent replacements so there will be more sky marshals on more flights throughout our country and on international flights into and out of our country. They will be permanent Federal law enforcement personnel that will be replacing the people who have been borrowed from other agencies. So we are going to see immediate changes. We are going to see changes made through the next few weeks, through the next few months, to make permanent these people who have come from other agencies to lend a hand, to add to the security on an immediate basis. We have also added to what is going to be screened. Another component of our bill is to require that everybody who has access to an aircraft will have a security clearance. There will be a criminal background check required for every person who has access to an airplane. Whether it is a mechanic, whether it is a person doing food service, regardless of their mission on that airplane, they will have to have a security clearance. That is another very important feature of this bill. So I think we have made great progress. I thank Senator Hollings, Senator McCain, Senator Rockefeller, and others who helped--Senator Burns, Senator Kerry--for coming together and working through this very difficult piece of legislation. I thank Chairman Young on the House side, and the chairman of the subcommittee, Chairman Mica; and Mr. Oberstar. These are people who contributed greatly to coming together and getting something that I believe is going to significantly improve the security of the flying passengers in our country. I think it is going to tighten many of the loopholes that we had in our system before September 11. No longer is the American flying public going to rely on the honesty of every person who gets on an airplane. I think we have had to become a little less optimistic in our outlook, and now we have to provide for concrete solutions. We cannot just rely on the good will of every person in the world. We are going to have to protect our people. That is what homeland security is, and that is the function of the U.S. Congress. In the Constitution of our country, we are required to provide for the security of our country. Security is not something you can contract out to the lowest bidder. Security is not something you can take a chance and hope that maybe we can devise a system that we can maybe make work. That is not an option for the Congress. We have one option. We have one responsibility. That is to provide the security to the people of this country who are flying in airplanes and believing that everything has been done to make them safe. The bill before us today, that we will pass very shortly, is a bill that is going to secure the people to every human extent possible against the kind of terrorist attack we saw on September 11 or other terrorist attacks that could be made in other ways. We are securing the top of the airplane. We are securing the bottom of the airplane. We are securing the cockpit of the airplane. We are securing the airports through which people go. We are going to beat the terrorists. We are going to secure the people of our country so we can travel in freedom. That is our responsibility. We are doing it today. I thank Chairman Hollings once again and Senator McCain, all those who came together, along with my staff, Joe Mondello, who contributed greatly, to the staff who stayed up all night last night who could barely even make it here this morning because they were taking a shower after trying to make sure that this bill was written. I thank everyone who contributed so much to doing this for the American people, something they deserve and something we are giving them today when we pass this bill to the President of the United States.

Mrs. HUTCHISON. Madam President, I yield up to 5 minutes to the Senator from Georgia, who has an airplane to catch, after which I would like to claim my time as one of the cosponsors of the bill.

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AFGHAN WOMEN AND CHILDREN RELIEF ACT OF 20012001-11-16

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, we are all awaiting the bill that we have all worked so hard to produce this week, the Aviation Security Act. I will not speak about that act because, obviously, we have others who have worked very hard on the bill. We want to make sure that everyone is able to speak for or against it before we pass it. But the good news is, we are going to pass it. I did want to take this opportunity, though, during morning business to mention a bill that passed last night. It is a bill that was cosponsored by every woman in the Senate. There are 13 women in the Senate. All of us cosponsored this bill. It is to make sure that the Congress speaks on the priorities that we believe are imperative as we give aid to Afghanistan, that women be included in that aid. As so many of us know, the Taliban treated women especially cruelly, not allowing them access to health care. Not allowing a male doctor to see a woman effectively kept women out of the system because women are not allowed to work, and therefore female doctors are not allowed to practice under the Taliban. In addition, women have not been able to go outside their homes without a male escort, so many times a widow would not be able to get the food necessary to feed her children or the health care for her children. Women were not allowed to be educated under the Taliban, so we see 5- and 6-year-old girls who have had no education whatsoever because they have lived under the Taliban regime. The bill that passed unanimously in the Senate last night spoke to those issues to say we want United States aid to be especially there for the people of Afghanistan as we rebuild the country. We are seeing the Taliban flee. Thank goodness they are fleeing. But we want to make sure that we start playing catchup, that we give women and young girls the chance to be educated along with the young boys, that we bring women doctors in especially to give access to health care for the women of Afghanistan. The mortality rate of children in Afghanistan is stunning. It is 25 percent. The mortality rate for children in that country is 25 percent. The major cause of that mortality rate, in the 21st century, is contaminated food and water. That is the most stunning statistic of all. In the 21st century, when clean water and uncontaminated food is universally available throughout the world, that 25 percent of the children would be dying from dysentery and contaminated food and bad water is just the saddest of all statistics. So we do want to go in fast and try to stem the tide of the mortality of children and women, and make sure that young boys and young girls are treated equally in education, that women have a chance to participate in a new government that hopefully would be a government of the people of Afghanistan that includes all of the tribes of that country. I am very proud that the women of the Senate came together to speak especially forcefully on this issue. We did pass the bill last night. So I am very pleased that we were able to persuade Senator Wellstone to raise his hold on the bill, which I thought was an unfair hold. I did not appreciate that he would take a bill such as this hostage for another bill that he had, but, nevertheless, he did, and so it took us 2 weeks to pass a bill which should have been passed in minutes. Having said that, I do want to say, I am very proud of the women of the Senate for coming together to highlight this issue, to speak with one voice, and to say that U.S. aid will always be there for women as well as men on an equal basis, for girls as well as boys on an equal basis. So I am proud that we passed the bill. It now goes to the House Representative Deborah Pryce is working with Democratic and Republican women on the House side to try to see that this bill goes through on an expedited basis to support our President in putting forth more aid for Afghanistan that will be equally distributed among the population. Mr. President, I yield the floor and suggest the absence of a quorum.

Mrs. HUTCHISON. It is important when the bill is ready that we proceed to it so we can pass it back to the House to stay on time. I thank the Chair. I yield the floor.

Mrs. HUTCHISON. Mr. President, I believe the Senator from Montana will agree to speak for no more than 10 minutes, as will the Senator from North Dakota. Do they agree to speak no more than 10 minutes so we can get to the bill?

Mrs. HUTCHISON. Reserving the right to object, it is not my intention to object except that I understand Senator Dorgan sought, by unanimous consent, to be recognized. The bill is now here. I ask unanimous consent that there be no more than 10 minutes for each of the speakers so that we can get to the bill in due course.

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MORNING BUSINESS2001-11-16

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

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TRIBUTE TO COLONEL DONALD E. FLEMING2001-11-16

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I rise today to recognize an American who has honorably served our Nation for 28 years: Colonel Donald E. Fleming, U.S. Marine Corps. Colonel Fleming has served with distinction, throughout wartime and in times of peace. In 1990 and 1991, during the Gulf War, Colonel Fleming served as the executive officer to a Harrier Attack Squadron in support of Marine ground troops in Operation Desert Storm. He was involved in numerous sorties against Iraqi forces, which enabled ground combat troops to successfully attack and take Iraqi forces. This was a highly dangerous task as Marine aircraft were constantly exposed to enemy fire. Colonel Fleming was prepared to give his life for those Marines on the ground to be successful in completing their missions. Colonel Fleming's last assignment was as the deputy legislative assistant to the Commandant of the Marine Corps. This was a highly responsible assignment in that the Colonel served not only the Commandant of the Marine Corps, a member of the Joint Chiefs of Staff, but the U.S. House of Representatives and the U.S. Senate as well. Colonel Fleming was thoroughly involved with ensuring that the numerous congressional inquiries were completed in a timely and correct manner. This is a large task, especially during the hearing season, when Members of Congress and their staffs address many questions and concerns to the military departments. Additionally, Colonel Fleming was responsible for the final coordination of significant congressional and staff delegations that took place literally all over the world. I thank Don for his unswerving dedication to serving the U.S. Congress. He has served our Nation and the U.S. Congress in the finest traditions of the U.S. Marine Corps. I wish Don well in his future endeavors as he enters a new phase of his life. Colonel Fleming's service to his country and his Corps has been laudatory. I am deeply appreciative that we have Marines like Colonel Fleming, who are of such high caliber and sincere conviction. May God bless Colonel Don Fleming and his family, and may fair winds and following seas follow Colonel Fleming throughout his new career.

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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS2001-11-15

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, along with Senators Frist, Roberts, Collins, Bond, Hagel, Snowe, DeWine, and other colleagues, I rise today in support of the Bioterrorism Preparedness Act of 2001. As the fight against terrorism heats up, it is critical that we dedicate sufficient resources to the growing threat of bioterrorism. This legislation will enhance the capabilities of Federal, State, and local governments to coordinate emergency preparedness efforts, stockpile vaccines and medical supplies, link channels of communication, modernize biosecurity facilities, and ensure the safety of America's health and food supply. In other words, it will help the U.S. protect its citizens. I am proud to have worked with my colleague, Senator Roberts, to address the concerns about our food supply and vital agricultural economies. The agricultural bioterrorism provisions in this legislation will authorize the U.S. Department of Agriculture, USDA, to strengthen its capacities to identify, prepare for, and respond to such bioterrorism threats to our farms, ranches, livestock, poultry, crops, and food processing, packaging, and distribution facilities and systems. We have a clear priority to ensure the safety of our food, and to maintain the public's confidence regarding this. To do so, we must identify and quickly control the threats to our food supply, currently the world's safest and most abundant and affordable. Bioterrorism has always been a question of when it would strike, not could it occur, especially since the cold war. During the cold war, it was known that the former Soviet Union had a bio-weapons program that included bio-agents aimed at agriculture, while during the gulf war our own soldiers have shown evidence of possible use of biological weapons. From the terrorist attacks on Japan's subway system to the foot-and- mouth and ``mad-cow'' disease outbreaks in Europe to the recent anthrax attacks here, even the public is now acutely aware of this threat. For this reason, this bill is critical, both for the results it will achieve and the reassurance it will provide. USDA will be expanded to enhance inspection capability, implement new information technology, and develop methods for rapid detection and identification of plant and animal disease. USDA's Veterinary Services will be authorized to establish cooperative agreements with state animal health commissions and regulatory agencies for livestock and poultry health, and private veterinary practitioners to enhance its ability to respond to outbreaks of animal disease. We must emphasize and promote collaboration to strengthen America's research and development capacity. Therefore, USDA is instructed to establish a Consortium for Countermeasures Against Agricultural Bioterrorism to form long-term programs of research and development to enhance the biosecurity of U.S. Agriculture. America's institutes of higher education that have a demonstrated expertise in animal and plant disease research, strong linkages with diagnostic laboratories, and strong coordination with state cooperative extension programs will provide the resources and expertise that will prove invaluable in the war on agricultural bioterrorism. This is the first modern war where the front lines lie on our own shores, farms and fields, but I know we are up to the challenge, especially as Texas will proudly serve as one of the States on the first lines of defense for our entire country. States where agriculture is critical are vulnerable to a bioterrorism attack, but they will also prove invaluable in the war on bioterrorism when they provide the first evidence of an attack. To protect our citizens, our economy and our food supply, I urge my colleagues to support the Bioterrorism Preparedness Act of 2001.

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DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2002--CONFERENCE REPORT2001-11-15

Mrs. HUTCHISON

Mrs. HUTCHISON. Madam President, I thank Chairman Hollings and Senator Gregg for their leadership and efforts on the Commerce, Justice, State appropriations bill for fiscal year 2002. This bill contains funding for many of the important law enforcement activities and counterterrorism training that is vital in the wake of the September 11 attacks. I want to comment on one aspect of this bill and that is the funding for the National Domestic Preparedness Consortium. The consortium has been fulfilling the important role of training the Nation's first responders and training cities and communities on how to assess their own vulnerabilities to an attack for over 3 years. I believe the bill funds the consortium at a level of $13.969 million, divided evenly. This is a significant reduction in funding from last year, and it is my understanding that additional funding is expected to be provided in the supplemental appropriations bill. The components of the consortium each have an important role to play, however, the National Emergency Response and Rescue Training Center, NERRTC, at Texas A&M has been the leader in the number of first responders trained. It would be my hope and willingness to assure increased funding for the NERRTC and the consortium as a whole.

Mrs. HUTCHISON. I thank Chairman Hollings and Senator Gregg for their consideration. detention facility on choctaw reservation

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Introductory Statement on S. 17152001-11-15

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, along with Senators Frist, Roberts, Collins, Bond, Hagel, Snowe, DeWine, and other colleagues, I rise today in support of the Bioterrorism Preparedness Act of 2001. As the fight against terrorism heats up, it is critical that we dedicate sufficient resources to the growing threat of bioterrorism. This legislation will enhance the capabilities of Federal, State, and local governments to coordinate emergency preparedness efforts, stockpile vaccines and medical supplies, link channels of communication, modernize biosecurity facilities, and ensure the safety of America's health and food supply. In other words, it will help the U.S. protect its citizens. I am proud to have worked with my colleague, Senator Roberts, to address the concerns about our food supply and vital agricultural economies. The agricultural bioterrorism provisions in this legislation will authorize the U.S. Department of Agriculture, USDA, to strengthen its capacities to identify, prepare for, and respond to such bioterrorism threats to our farms, ranches, livestock, poultry, crops, and food processing, packaging, and distribution facilities and systems. We have a clear priority to ensure the safety of our food, and to maintain the public's confidence regarding this. To do so, we must identify and quickly control the threats to our food supply, currently the world's safest and most abundant and affordable. Bioterrorism has always been a question of when it would strike, not could it occur, especially since the cold war. During the cold war, it was known that the former Soviet Union had a bio-weapons program that included bio-agents aimed at agriculture, while during the gulf war our own soldiers have shown evidence of possible use of biological weapons. From the terrorist attacks on Japan's subway system to the foot-and- mouth and ``mad-cow'' disease outbreaks in Europe to the recent anthrax attacks here, even the public is now acutely aware of this threat. For this reason, this bill is critical, both for the results it will achieve and the reassurance it will provide. USDA will be expanded to enhance inspection capability, implement new information technology, and develop methods for rapid detection and identification of plant and animal disease. USDA's Veterinary Services will be authorized to establish cooperative agreements with state animal health commissions and regulatory agencies for livestock and poultry health, and private veterinary practitioners to enhance its ability to respond to outbreaks of animal disease. We must emphasize and promote collaboration to strengthen America's research and development capacity. Therefore, USDA is instructed to establish a Consortium for Countermeasures Against Agricultural Bioterrorism to form long-term programs of research and development to enhance the biosecurity of U.S. Agriculture. America's institutes of higher education that have a demonstrated expertise in animal and plant disease research, strong linkages with diagnostic laboratories, and strong coordination with state cooperative extension programs will provide the resources and expertise that will prove invaluable in the war on agricultural bioterrorism. This is the first modern war where the front lines lie on our own shores, farms and fields, but I know we are up to the challenge, especially as Texas will proudly serve as one of the States on the first lines of defense for our entire country. States where agriculture is critical are vulnerable to a bioterrorism attack, but they will also prove invaluable in the war on bioterrorism when they provide the first evidence of an attack. To protect our citizens, our economy and our food supply, I urge my colleagues to support the Bioterrorism Preparedness Act of 2001.

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DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2002--CONFERENCE REPORT2001-11-08

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I rise to talk about the VA/HUD bill which has a number of good parts to it. I know the managers have worked very hard to divide up the dollars. It is always hard when there are not as many dollars as projects. I specifically want to talk about the issue of NASA. I know of the great concerns, because it is very obvious from the bill, and, frankly, they are valid concerns, about the management of the space station and the cost overruns. I also understand there are concerns about the overruns hurting other programs within NASA. When you are doing something new, when you are pushing the envelope of technology, you cannot always be precise. This is not to say some of the overruns have been invalid, incomprehensible in some ways, and I don't understand some of them myself. I do not think you can set an exact budget when you are experimenting. We all know you have to have some freedom in science in order to be able to make a mistake, learn from the mistake, and do something else. I appreciate the $150 million cut in the original Senate bill was halved to $75 million in the conference. I hope NASA can work within that $75 million and the rest of the budget for the space station to continue to move ahead. I am told by the people at NASA it will delay the space station, but it will certainly not kill it. But I think the overriding issue is the one that was mentioned by the Senator from Missouri, and that is we need to have a new administrator appointed for NASA right away. Dan Goldin has done a terrific job, but he is leaving at the middle of this month. So we need to have that leadership. I urge that the new leader of NASA look at what NASA can do. Let's decide, what is the science that we want to create? What is the goal of NASA? NASA has given us so much in the past, in new technologies that create new industries and new jobs. It has been part of the revitalization of our economy. We want to continue to push ahead. We want to continue to be the leader of the world in technology. To do that, we are going to have to have a clear vision for NASA and new leadership. I thank the Senator from Maryland and the Senator from Missouri for working with me to make sure we do have the expenses that must be paid for NASA to stay in place. I think their concerns are valid, but let's not throw out the baby with the bath water. We cannot starve NASA if we are going to stay in the forefront of technology. I look forward to working with the Senators from Maryland and Missouri during the next year, hopefully with a new Administrator from NASA, so we can have a clear vision and we can continue America's lead in technology that will have a major impact, not only on our future defense and our future programs, but also for our economy for the future.

Mrs. HUTCHISON. I thank the Senator from Maryland.

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DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2002--Continued2001-11-07

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, didn't the unanimous consent agreement say there would be a vote on my amendment? I ask there be a direct vote.

Mrs. HUTCHISON. Mr. President, how much time remains on both sides?

Mrs. HUTCHISON. Mr. President, I move to reconsider the vote.

Mrs. HUTCHISON. I ask the Senator from Illinois if he has any further use for his time or has he yielded back? I want to address a couple of points made by the Senator from Illinois. He says it is no surprise that since the caps were put in place there were fewer lawsuits filed. No, that is not the issue. The issue is that more students are actually being served and there is no charge by anyone that there is a denial of due process. In fact, before the caps went into place there were 8,120 special need students in the DC schools. Now there are 11,191. There are only fewer than 50 cases even left pending. I think the District is now getting a handle on the situation. They are putting more students in the classrooms. That is because they have the money not going to lawyers but going into education. That is why the elected representatives of the school district have asked that the caps be left in place. We are raising the caps to keep in step with the times. One hundred and fifty dollars an hour certainly will get a quality lawyer. I think that has been proven. The fact is, before the caps, these were the kinds of abuses that the attorneys made of the system. One attorney, before the caps, earned $1.4 million in fees alone on suing the District schools. One law firm billed over $5 million in fees in a single year, suing the District schools. There were submissions of incredible expenses, asking the District to pay for flowers, for a trip to New Orleans to supposedly scout out another school where they would argue a child should be sent, a ski trip--my goodness. We need some limitations on these kinds of abuses. That is what the amendment would do. The District is asking us to do this. It has worked well. It has allowed the District to increase its ability to serve the special needs students and the amendment also allows the mayor and the school superintendent to increase the caps if they think it is necessary. I urge my colleagues to vote for this amendment for the DC children, the schoolchildren of the District.

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THE DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2002--Continued2001-11-07

Mrs. HUTCHISON

Mrs. HUTCHISON. I would like to read briefly from that letter: It is our determination that the exclusion of [the cap] could result in an additional cost of at least $44 million to the District of Columbia Public Schools in FY 2002. . . . It is our collective opinion that the result of such an expenditure will seriously and adversely affect our ability to provide education materials, textbooks, and operational support to the students, teachers, and staff of the DC schools. This will, as a consequence, further jeopardize the opportunity of our children to receive a quality education. I urge my colleagues to vote for this amendment. It is a reasonable cap. We are not trying to starve lawyers. We want legitimate lawyers to be able to earn a living. But $150 an hour is quite a legitimate amount to spend. I think if anyone has the legitimate interests of the school district at heart, they will listen to the superintendent of schools and the president of the school board to let them do what they believe they need to do to improve the education in the schools. And they do not want to spend this money on lawyer's fees. They are doing the best they can. There are no complaints--or maybe there are complaints; I guess there are complaints against every school district, but there are no complaints that they are not making every effort to increase the quality of and the number of children they can serve in these special needs classes. Madam President, I now would like to reserve the remainder of my time. I ask that either Senator Durbin or Senator Sessions be allowed to speak. Senator Sessions is my cosponsor. I do not know if Senator Durbin wishes to speak first.

Mrs. HUTCHISON. Mr. President, Senator Sessions and I are offering this amendment for one simple reason: We want to improve the quality of education for the District of Columbia. Our amendment will preserve an estimated $44 million for special education funding in the District. The amendment will continue a provision contained in the last three DC appropriations bills that cap the allowable fees an attorney may charge for a child's special education placement in the District of Columbia. We raise the cap in the present law from $125 an hour to $150 per hour, and a per-case limit from $2,500 to $3,000. Our amendment also continues a provision contained in last year's bill that allows the District of Columbia, acting through the mayor and school superintendent, to waive those caps if they believe it is in the best interest of the D.C. students to do so. I also point out that our amendment will prevent an estimated $32 million in retroactive attorney's fees from being awarded, as has been threatened by the D.C. Circuit Court. That court has ruled that should this fee cap be lifted, they will go back and actually undo the will of Congress by awarding all the billed attorney fees in excess of the caps during the last 3 years. Our amendment is supported by the school board and the superintendent of schools in the District. And the mayor has told me he also has supported this. They support it because it allows them to put the dollars in education for the children. They are trying to use the money for the education programs. In fact, they have put the money they have saved since the caps were put in place, that would have gone to attorney's fees, into the special needs programs, and they have increased the number of children who now can be taken into the programs. Why is our amendment necessary? In fiscal year 1998, the District of Columbia spent $14 million solely to pay attorneys who challenged the District's placement of special education children. The next year, in fiscal year 1999, the District spent $3.5 million in attorney's fees. This meant that the District had approximately $10 million in additional funds for the education of these children. The District allocated all this money saved to improving the quality of their special education programs. And those programs have continued. Over the next 3 years, D.C. allocated $32 million in funds that would otherwise have gone to pay attorneys to improving special education programs for disabled and special needs children. This effort has significantly improved the availability and quality of special education. They have also been able to reduce the backlog of initial assessments of special education children from 1,805, before the imposition of the cap, to 143 as of March of this year. Now they are hiring new special education teachers, purchasing new assistive medical devices, and providing new training and education for existing special education teachers. So what we are trying to do with this amendment is make sure the education dollars, which are so crucial for the District to improve the quality of education and the quality of special education, stay in the education budget rather than going to pay lawyer's fees. I ask unanimous consent that a letter the president of the school board and the superintendent of D.C. schools have written in support of our amendment be printed in the Record.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mrs. HUTCHISON. I thank the Chair. Amendment No. 2110

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