[Congressional Record Volume 146, Number 87 (Monday, July 10, 2000)]
[Senate]
[Pages S6341-S6342]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           H-1B VISAS AND ELEMENTARY AND SECONDARY EDUCATION

  Mr. KENNEDY. Mr. President, I just want to take a moment of the 
Senate's time to speak about the two issues that have been talked about 
recently. One is the H-1B visa issue, to which the majority leader 
referred, as did Senator Reid and Senator Dorgan, which will lift the 
caps so that we can have available to American industry some of the 
able, gifted, and talented individuals who have come to this country 
and who can continue to make a difference in terms of our economy.
  We are in the process--at least I thought so, as a member of the 
Immigration Subcommittee--of working with Senator Abraham from the 
State of Michigan, in working that process through to try to respond to 
the concerns that the leadership have; and that is that we debate that 
issue in a timely way, with a limited number of amendments, and that we 
reach a final conclusion in a relatively short period of time.
  I had believed that those negotiations, at least from our side, were 
very much on track. During the negotiations, we had talked to the White 
House as well as with the House Judiciary Committee members, all of 
whom have an obvious interest.
  So it did come as kind of a surprise--not that we are not prepared to 
move ahead. I would be prepared to move ahead even this evening. I do 
not know where the Senator from Michigan, who has the prime 
responsibility for that legislation, is this evening. He is not on the 
floor. But he has been conscientious in addressing that question.
  One of the fundamental concerns--as we move toward permitting a 
number of individuals who have special skills to come in and fill in 
with the special slots that are crying out for need in our economy--is 
a recognition that, within our society, these are jobs that eventually 
should be available to American workers. There is nothing magical about 
these particular jobs--that if Americans have the opportunity for 
training, for additional kinds of education, they would be well 
qualified to hold these jobs.
  Many of us have believed, as we have addressed the immediate need for 
the increase, that we also ought to address additional kinds of 
training programs, so that in the future we will have these kinds of 
high-paying jobs which offer enormous hope and opportunity to 
individuals, as well as the companies for whom they work, being made 
available to Americans. We discussed and debated those issues with the 
Judiciary Committee. We made pretty good progress on those issues. So I 
think there is a broad degree of support in terms of trying to address 
that issue.
  But there are also some particular matters that cry out for justice 
as well. When you look back on the immigration issues, there were 
probably 350,000, perhaps 400,000 individuals who qualified for an 
amnesty program that was part of the law. As a result of a court 
holding that was actually overturned, all of these individuals' lives 
have been put at risk and, without any degree of certainty, subject to 
instances of deportation. So we wanted to try to address this issue. It 
seems to me that could be done in a relatively short period of time. It 
is a question of fundamental decency and fundamental justice.

  We treat individuals who come from Central American countries 
differently, depending upon which country they come from. Therefore, 
there was some desire we would have a common position with regard to 
individuals. Senator Moynihan had introduced legislation to that 
effect. That is basically a question of equity. There are really no 
surprises. It is not a new subject to Members of the Senate. It is 
something about which many of us have heard, on different occasions, 
when we have been back to see our constituencies.
  These are some of the items that I think we could reach, if there 
were differences, a reasonable time agreement. But they are fundamental 
in terms of justice and fairness to individuals and their families.
  If we are going to consider one aspect of change in the immigration 
law, it is not unreasonable to say if we are going to address that now, 
we ought to at least have the Senate vote in a responsible way on these 
other matters in a relatively short period of time so the Senate can be 
meeting its responsibilities in these other areas. So I look forward to 
the early consideration of this bill.
  This isn't the first time we have dealt with the H-1B issue. We made 
some changes a few years ago. We were able to work it out in a 
bipartisan way. There is no reason that American industry should have 
concern that we are not going to take action. We will take action. 
Hopefully, we will do it in the next 3 weeks. There is no reason we 
should not.
  The other issue is the question of elementary and secondary 
education. I certainly understand the responsibilities we have in 
completing Defense authorization, which is enormously important 
legislation. I am heartened by what the majority leader has said with 
regard to the follow-on in terms of elementary and secondary education. 
That is a priority for all American families. We ought to debate it. 
The principal fact is that we have debated it for 6 days and we have 
had seven amendments. Three of them were virtually unanimous. We didn't 
have to have any rollcall votes. On 2 of the 6 days, we were restricted 
because we were forbidden to offer amendments and have votes. We 
haven't had a very busy time with that as compared to the bankruptcy 
legislation, where we had 15 days and more than 55 amendments.

  In allocating time, we are asking for fairness to the American 
families on education. If the Senate is going to take 15 days and have 
55 amendments on bankruptcy legislation, we can take a short period of 
time--2 or 3 days--and have good debate on the question of elementary 
and secondary education,

[[Page S6342]]

which is so important to families across the country.
  With all respect to the majority leader, the issue of school safety 
is out there. We need to ensure that we will do everything we possibly 
can to make sure we are not only going to have small class sizes, well-
trained teachers, afterschool programs, efforts to try to help to 
respond to the needed repairs that are so necessary to so many schools 
across this country, and strong accountability provisions but make sure 
that, even if we are able to get those, the schools are going to be 
safe. We have measures we believe the Senate should address to make 
them safe.
  If the majority is going to continue to, in a real way, filibuster, 
effectively, the consideration of elementary and secondary education by 
never bringing the matter before the Senate, they bear the 
responsibility of doing so. It is their responsibility. Every family in 
this country ought to understand that because they have the power, the 
authority, and the responsibility to put that before the Senate. If 
there is a question in terms of the relevancy or nonrelevancy of a 
particular amendment, the Senate can make that decision. But when we 
are denying families in this country the opportunity to address that 
and respond to it, we do a disservice to the families and to the 
children in this country, and, I believe, to the Senate itself.
  This issue isn't going to go away. It will not go away. We may have 
only 3 more weeks, but we are going to continue to press it. We are 
going to press it all during July and all during September as well. It 
will not go away. Elementary and secondary education needs to be 
addressed. We have to take action. We owe it to the American families, 
and we have every intention of pursuing it.
  I thank the Chair.

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