[Congressional Record Volume 140, Number 25 (Wednesday, March 9, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 9, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                IMPROVING AMERICA'S SCHOOLS ACT OF 1994

  The Committee resumed its sitting.
  Mr. CUNNINGHAM. Mr. Chairman, I move to strike the requisite number 
of words in support of the Barrett-Roehmer amendment.
  Mr. Chairman, I think we are dealing with perception and reality. The 
teachers in my district and State have told me that the best use of the 
resources rests with the Governors. That is why the Governors support 
it. Again, it does not matter if it is a Republican Governor or a 
Democratic Governor.
  What I would like to get across is that the schools are not able to 
handle the additional responsibility. I know the schools in my district 
and other districts in the State of California. They are just 
surviving, with the staff they have, to manage education programs. To 
put this down at the local level would be disastrous, I think, in the 
State of California, and Governor Wilson is doing a good job.
  Mr. Chairman, each State has got a check-and-balance system. It not 
only has a Governor, but it has a State senate and a State assembly. In 
California that is Willie Brown, a Democrat, as is the Senate and the 
House in the assembly. We have a Republican Governor, Pete Wilson; they 
work together and support antidrug programs.
  Yet in the State of California, the DARE function operates, and it 
operates very well. The term is, ``If it ain't broke, don't fix it.'' 
The programs are not broke in the State of California. The schools are 
not able to handle the additional weight. And I would ask that we 
support the Barrett-Roehmer amendment.
  Mr. Chairman, we are going to be looking at a crime bill pretty 
quick, and we want the most efficient means to handle that. Our 
prisons; 80 percent of them are dropouts. Ninety percent of them are 
drug abusers. I think no one, the gentleman from New York [Mr. Owens] 
or the gentleman from Michigan [Mr. Kildee] or even on the amendment I 
am supporting, would suggest that we do not need to combat the effects 
of drug abuse.
  I am looking at what is the most efficient way to do that. I know in 
the State of California, the program that we have as it exists with the 
use and direction of the Governor and the assembly in the State is 
working very well. I would ask that my colleagues support the Roehmer-
Barrett amendment to make the most efficient use of those dollars.
  Mr. HOEKSTRA. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I would like to offer my support for Mr. Barrett's 
amendment to the Drug Free Schools and Community Act. This amendment 
addresses two areas that are of great concern to my district and the 
State of Michigan.
  First, this amendment would reinstate the Governor's discretionary 
fund at a level of 20 percent, a fund which the Owens proposal 
eliminates. In my State of Michigan, this fund is currently used to run 
programs for children in the most needy communities through a 
competitive process. The Owens proposal would disburse these funds 
among over 500 school districts, rich and poor alike, and spread 
resources too thinly to continue current grant services.
  I have heard an outcry from both the educational community and 
parents who are upset about the loss of the programs operated by the 
Governor's fund. One such program is the Drug Abuse Resistance 
Education, or DARE program. My daughter participated in the program 
last year. The Governor's fund has, among other projects, supported the 
State DARE training school and administrative offices. Without this 
fund, local districts will not have the resources to set up their own 
training schools and the program will almost certainly end.
  I am also opposed to the provision in the Owens substitute which bans 
interagency agreements at the State level. In Michigan, the elected 
State board of education and elected Governor agreed to coordinate fund 
administration between the Governor's office and the State education 
agency. This agreement can be canceled at will. Since this agreement 
took effect, however, the number of local schools directly receiving 
funds from the State has nearly quadrupled and there has been a 20-
percent reduction in regional overhead as well as a 50-percent increase 
in direct services to youth.
  Even if Michigan's agreement was not working well, I do not 
understand why the Federal Government believes they have the right to 
tell the States how they should operate. This is just another example 
of Washington believing that they know best and stepping in where they 
are not wanted and where they do not belong.
  I therefore offer my full support for Mr. Barrett's amendment.
  [Mr. GOODLING addressed the House. His remarks will appear hereafter 
in the Extensions of Remarks.]
  Mr. REED. Mr. Chairman, I move to strike the requisite number of 
words.
  I join the gentlewoman from Hawaii and my colleagues who are in 
support of the Kildee-Owens approach and in opposition to the Barrett-
Roemer approach.
  Basically, what we are attempting to do is trying to focus and target 
the dollars to the place that will make the most difference. In these 
programs, that is actually in the schools. And we have, I think, over 
the last few years come to the conclusion that some of the programs 
under the State level have more to do with expanding the prerogative 
and the visibility of the chief executive of the State rather than 
reaching into the schools and trying to allow young people to 
understand the dangers of drugs and the necessity, overwhelming 
necessity at this juncture in our society to say no to drugs and to say 
yes to education.
  That is what is at the core of this debate, an attempt to target the 
dollars to make sure that they are spent well and wisely at the local 
level.
  We have heard a lot of discussion over the last few days about 
getting the dollars, getting the resources down to that local level. I 
believe the approach that has been proposed and adopted by the 
gentleman from New York [Mr. Owens] and the gentleman from Michigan 
[Mr. Kildee] will do just that. It will make sure that these dollars, 
these very scarce dollars are there for children in the classroom to 
deal with perhaps the most serious social problem we face today, and 
that is a climate in which drugs flourish all too much and education, 
consequently, suffers dramatically and, in some cases, fatally.
  I would urge my colleagues to support the approach of the gentleman 
from Michigan [Mr. Kildee] and the gentleman from New York [Mr. Owens]. 
In doing so, I think we can be much more confident that our dollars 
will be spent well and wisely.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Michigan [Mr. Kildee] to the amendment offered by the 
gentleman from New York [Mr. Owens] as a substitute for the amendment 
offered by the gentleman from Nebraska [Mr. Barrett].
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.


                             Recorded Vote

  Mr. KILDEE. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The CHAIRMAN. The Chair will announce that pursuant to clause 2(c) of 
rule XXIII, the Chair may reduce to not less than 5 minutes the time 
for any recorded vote that may be ordered on the other pending 
amendments without intervening business or debate.
  The vote was taken by electronic device, and there were--ayes 425, 
noes 0, not voting 13, as follows:

                             [Roll No. 45]

                               AYES--425

     Abercrombie
     Ackerman
     Allard
     Andrews (ME)
     Andrews (NJ)
     Applegate
     Archer
     Armey
     Bacchus (FL)
     Bachus (AL)
     Baesler
     Baker (CA)
     Baker (LA)
     Ballenger
     Barca
     Barcia
     Barlow
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bateman
     Becerra
     Beilenson
     Bentley
     Bereuter
     Berman
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Blackwell
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bonior
     Boucher
     Brewster
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Bunning
     Burton
     Buyer
     Byrne
     Callahan
     Calvert
     Camp
     Canady
     Cantwell
     Cardin
     Carr
     Castle
     Chapman
     Clay
     Clayton
     Clement
     Clinger
     Clyburn
     Coble
     Coleman
     Collins (GA)
     Collins (IL)
     Collins (MI)
     Combest
     Condit
     Conyers
     Cooper
     Coppersmith
     Costello
     Cox
     Coyne
     Cramer
     Crapo
     Cunningham
     Danner
     Darden
     de la Garza
     de Lugo (VI)
     Deal
     DeFazio
     DeLauro
     DeLay
     Dellums
     Derrick
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Dooley
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Durbin
     Edwards (TX)
     Ehlers
     Emerson
     Engel
     English
     Eshoo
     Evans
     Everett
     Ewing
     Faleomavaega (AS)
     Farr
     Fawell
     Fazio
     Fields (LA)
     Fields (TX)
     Filner
     Fingerhut
     Fish
     Flake
     Foglietta
     Ford (MI)
     Ford (TN)
     Fowler
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frost
     Furse
     Gallegly
     Gejdenson
     Gekas
     Gephardt
     Geren
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gingrich
     Glickman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Goss
     Grams
     Grandy
     Green
     Greenwood
     Gunderson
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hamburg
     Hamilton
     Hancock
     Hansen
     Harman
     Hastert
     Hayes
     Hefley
     Hefner
     Herger
     Hilliard
     Hinchey
     Hoagland
     Hobson
     Hochbrueckner
     Hoekstra
     Hoke
     Holden
     Horn
     Houghton
     Hoyer
     Huffington
     Hughes
     Hunter
     Hutchinson
     Hutto
     Hyde
     Inglis
     Inhofe
     Inslee
     Istook
     Jacobs
     Jefferson
     Johnson (CT)
     Johnson (GA)
     Johnson (SD)
     Johnson, E. B.
     Johnson, Sam
     Johnston
     Kanjorski
     Kaptur
     Kasich
     Kennedy
     Kennelly
     Kildee
     Kim
     King
     Kingston
     Kleczka
     Klein
     Klink
     Klug
     Knollenberg
     Kolbe
     Kopetski
     Kreidler
     Kyl
     LaFalce
     Lambert
     Lancaster
     Lantos
     LaRocco
     Laughlin
     Lazio
     Leach
     Lehman
     Levin
     Levy
     Lewis (CA)
     Lewis (FL)
     Lewis (GA)
     Lightfoot
     Linder
     Lipinski
     Livingston
     Lloyd
     Long
     Lowey
     Machtley
     Maloney
     Mann
     Manton
     Manzullo
     Margolies-Mezvinsky
     Markey
     Martinez
     Matsui
     Mazzoli
     McCandless
     McCloskey
     McCollum
     McCrery
     McCurdy
     McDade
     McDermott
     McHale
     McHugh
     McInnis
     McKeon
     McKinney
     McMillan
     McNulty
     Meehan
     Meek
     Menendez
     Meyers
     Mfume
     Mica
     Michel
     Miller (CA)
     Miller (FL)
     Mineta
     Minge
     Mink
     Moakley
     Molinari
     Mollohan
     Montgomery
     Moorhead
     Moran
     Morella
     Murphy
     Murtha
     Myers
     Nadler
     Neal (MA)
     Neal (NC)
     Norton (DC)
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Owens
     Oxley
     Packard
     Pallone
     Parker
     Pastor
     Paxon
     Payne (NJ)
     Payne (VA)
     Pelosi
     Penny
     Peterson (FL)
     Peterson (MN)
     Petri
     Pickett
     Pickle
     Pombo
     Pomeroy
     Porter
     Poshard
     Price (NC)
     Pryce (OH)
     Quillen
     Quinn
     Rahall
     Ramstad
     Rangel
     Ravenel
     Reed
     Regula
     Richardson
     Ridge
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Romero-Barcelo (PR)
     Ros-Lehtinen
     Rose
     Rostenkowski
     Roth
     Roukema
     Rowland
     Roybal-Allard
     Royce
     Rush
     Sabo
     Sanders
     Sangmeister
     Santorum
     Sarpalius
     Sawyer
     Saxton
     Schaefer
     Schenk
     Schiff
     Schroeder
     Schumer
     Scott
     Sensenbrenner
     Serrano
     Sharp
     Shaw
     Shays
     Shepherd
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slattery
     Slaughter
     Smith (IA)
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Snowe
     Solomon
     Spence
     Spratt
     Stark
     Stearns
     Stenholm
     Stokes
     Strickland
     Studds
     Stump
     Stupak
     Swett
     Swift
     Synar
     Talent
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thomas (CA)
     Thomas (WY)
     Thompson
     Thornton
     Thurman
     Torkildsen
     Torres
     Torricelli
     Towns
     Traficant
     Tucker
     Underwood (GU)
     Unsoeld
     Upton
     Valentine
     Velazquez
     Vento
     Visclosky
     Volkmer
     Vucanovich
     Walker
     Walsh
     Waters
     Watt
     Waxman
     Weldon
     Wheat
     Williams
     Wilson
     Wise
     Wolf
     Woolsey
     Wyden
     Wynn
     Yates
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                                NOES--0

                             NOT VOTING--13

     Andrews (TX)
     Borski
     Brooks
     Crane
     Edwards (CA)
     Gallo
     Hastings
     Natcher
     Portman
     Reynolds
     Sundquist
     Washington
     Whitten

                              {time}  1600

  Mr. de LUGO changed his vote from ``present'' to ``aye.''
  So the amendment to the amendment offered as a substitute for the 
amendment was agreed to.
  The result of the vote was announced as above recorded.
  Mr. BARRETT of Nebraska. Mr. Chairman, I move to strike the last 
word.
  I rise in opposition to the Owens amendment.


                         parliamentary inquiry

  Mr. FORD of Michigan. Mr. Chairman, I have a parliamentary inquiry.
  The CHAIRMAN. The gentleman will state his parliamentary inquiry.
  Mr. FORD of Michigan. Mr. Chairman, the Chair announced that we would 
proceed through a series of three votes with the second and third ones 
if a rollcall was demanded being 5-minute votes with no intervening 
debate or business. For what purpose does the gentleman rise?
  The CHAIRMAN. The Chair reserved the option of 5-minute votes if 
there was no intervening business or debate. However, the gentleman 
sought recognition on the pending amendment. That means that the next 
vote, the next rollcall vote, would have to be a 15-minute vote.
  The gentleman from Nebraska [Mr. Barrett] is recognized.
  Mr. BARRETT of Nebraska. Mr. Chairman, what the amendment really 
does, Mr. Chairman, and I have not had an opportunity to speak; I have 
spoken earlier, but I have not had an opportunity speak directly to the 
Owens-Ford amendment, and I simply want to briefly say that what the 
amendment really does is to try and politicize drug-free efforts.
  It would require Governors to come before the Committee on 
Appropriations, the appropriators, every year to plead their case.
  And what would be the results of the pleading? I think we have a 
pretty good idea, because appropriators are still faced with limited 
budget. They could be forced to take funds away from public school 
districts to fund the Governors' share. Then this House is going to be 
getting letters and phone calls from school superintendents and other 
providers when their funding is cut.
  Second, Mr. Chairman, the Nation's drug abuse prevention efforts 
require a coordinated approach. I fear that under this amendment there 
is going to be a disjointed, helter-skelter attempt to curb drug and 
alcohol abuse. Everyone is going to be scrambling to get their piece of 
the pie.
  The amendment that was offered earlier by the gentleman from Indiana 
and myself contains a coordinated approach needed to create effective 
programs. This is being promoted as a compromise, and it is coming from 
Members who just a few weeks ago sent around a Dear Colleague letter 
asking Members to oppose the original Barrett-Roemer amendment, because 
it keeps money in the hands of State bureaucrats.
  During the early subcommittee hearings on this bill, I offered a 
straight 20-percent Governors' share amendment, a proposal that the 
administration has recommended. I withdrew the amendment after the 
chairman had asked me to withdraw it, so we could work together and 
come up with an acceptable answer, and taking his commitment at face 
value, I did just that. I then offered a compromise which was not 
looked at, never addressed, and so we now find ourselves in the 
position that we are at this particular moment.
  It is now the 11th hour, and the opponents to the original amendment 
fear that perhaps the bipartisan amendment may win, and we now have a 
Christmas-tree amendment, and I tell the Members of the House that this 
is not Christmastime.
  Mr. Chairman, I would conclude my suggesting that the National 
Governors' Association is in opposition to the Owens amendment, as is 
the Department of Education, and I would urge a ``no'' vote on the 
Owens amendment.
  Mr. ROEMER. Mr. Chairman, will the gentleman yield?
  Mr. BARRETT of Nebraska. I am happy to yield to the gentleman from 
Indiana.
  Mr. ROEMER. I would just like to clarify the parliamentary situation. 
If you are for making sure that the DARE funding stays intact, if you 
are for making sure that the Governors maintain their discretion over 
spending these moneys and keep their programs intact, if you are for 
less mandates and the discretionary spending of the Governor and for a 
peer review panel set up by the Governor, vote ``no'' on the next vote 
on Kildee, and ``yes'' on the bipartisan Roemer-Barrett amendment.
  Mr. KILDEE. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I do not know of anyone in this House who has greater 
support for DARE than I do. I have seen the program all over this 
country. I have traveled to the State of Washington; I have seen it in 
my own State; I have seen it on the east coast. I have been a strong 
supporter of DARE.
  I would not do anything to jeopardize DARE. The Owens amendment will 
guarantee better than any other amendment the appropriations for DARE. 
I have consulted with the chairman of the Appropriations Subcommittee, 
who has assured me that he will follow the authorizing language in 
distributing the money for the schools that would be giving the 
Governors their share as we would do under the Owens amendment, and 
then the 10-percent setaside for DARE under my amendment. We have the 
assurance of the chairman of that appropriations committee.
  I support DARE, always have. I think this is the safest way to 
protect DARE.
  Mr. OWENS. Mr. Chairman, will the gentleman yield?
  Mr. KILDEE. I am happy to yield to the gentleman from New York.

                              {time}  1610

  Mr. OWENS. Mr. Chairman, under this amendment, not only are the DARE 
funds guaranteed but the Governors' fundings are safeguarded by the 
fact that they will stand alone in a manner which will allow them to 
deal with the Appropriations Committee's criticism. This program has 
been criticized for not being accountable.
  Mr. Chairman, as the head of the subcommittee with jurisdiction, we 
were able to get accountability from all components of the program 
except the Governors' programs. They were not operating in a way which 
would allow us to get the kind of accountability. Now they will be 
required to be operated in such a way which would guarantee to the 
Appropriations Committee and everybody else that this is not a pork 
barrel for Governors. It is not pork. It deserves to be under the same 
kind of scrutiny. This guarantees that they have to meet those 
requirements and enhances the possibility of their getting the 
necessary appropriations. The DARE money comes off the top, but the $90 
million also is in better shape as a result of this amendment.
  Mr. BARRETT of Nebraska. Mr. Chairman, will the gentleman yield?
  Mr. KILDEE. I yield to the gentleman from Nebraska.
  Mr. BARRETT of Nebraska. I thank the gentleman for yielding.
  Mr. Chairman, let me just comment to the gentleman from New York, my 
good friend: There are no guarantees under this amendment for DARE. As 
a matter of fact, this is an additional $100 million to be appropriated 
in addition to the $361 million. There is no guarantee of their funds.
  Mr. LEVIN. Mr. Chairman, will the gentleman yield?
  Mr. KILDEE. I yield to the gentleman from Michigan.
  Mr. LEVIN. I thank the gentleman for yielding.
  Mr. Chairman, I would like to ask the gentleman this question: I rise 
as someone who has seen the DARE programs in operation, and I believe 
they are effective. As I understand it, in addition to this earmark in 
the present language, there is a set-aside for community programs 
regarding drug abuse from the local education authorities and there is 
a specific reference, I think, to priority being given to programs of 
demonstrated effectiveness and those which have recently or previously 
received assistance under the DARE program. Is that correct?
  Mr. KILDEE. The program the gentleman is referring to, there is no 
priority established----
  Mr. LEVIN. I want to be sure because there has been some amendment to 
this. Precisely, if there is not an exact set-aside, whether a priority 
is listed in the act for community programs with specific reference to 
DARE programs? We deserve a straight ``yes'' or ``no'' answer to that.
  Mr. KILDEE. There is a priority in those community programs.
  Mr. LEVIN. And a specific reference to DARE programs as one of those 
that has shown, demonstrated effectiveness in the past?
  Mr. KILDEE. The gentleman is correct.
  The CHAIRMAN. The question is on the amendment, as amended, offered 
by the gentleman from New York [Mr. Owens] as a substitute for the 
amendment offered by the gentleman from Nebraska [Mr. Barrett].
  The question was taken, and the chairman announced that the noes 
appeared to have it.


                             recorded vote

  Mr. KILDEE. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The CHAIRMAN. Pursuant to clause 2(c) of rule XXIII, the Chair may 
reduce to not less than 5 minutes the time for any recorded vote, if 
ordered, on the pending amendment, without intervening business or 
debate.
  The vote was taken by electronic device, and there were--ayes 125, 
noes 296, not voting 17, as follows:

                             [Roll No. 46]

                               AYES--125

     Abercrombie
     Ackerman
     Andrews (ME)
     Baesler
     Barcia
     Barlow
     Becerra
     Beilenson
     Berman
     Bishop
     Blackwell
     Bonior
     Brown (OH)
     Byrne
     Carr
     Clay
     Clyburn
     Coleman
     Collins (IL)
     Collins (MI)
     Conyers
     Costello
     Coyne
     Danner
     de Lugo (VI)
     Dellums
     Derrick
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dixon
     Durbin
     Engel
     Eshoo
     Evans
     Faleomavaega (AS)
     Fields (LA)
     Filner
     Flake
     Foglietta
     Ford (MI)
     Ford (TN)
     Frank (MA)
     Gejdenson
     Gephardt
     Gibbons
     Gonzalez
     Green
     Gutierrez
     Hamburg
     Hilliard
     Jefferson
     Johnson, E. B.
     Johnston
     Kennelly
     Kildee
     Lantos
     Lewis (GA)
     Lowey
     Mann
     Manton
     Markey
     Martinez
     McDermott
     McKinney
     Meehan
     Meek
     Menendez
     Mfume
     Miller (CA)
     Mineta
     Mink
     Moakley
     Molinari
     Mollohan
     Moran
     Murphy
     Norton (DC)
     Oberstar
     Obey
     Olver
     Owens
     Payne (NJ)
     Pelosi
     Pickett
     Pickle
     Poshard
     Rahall
     Rangel
     Reed
     Ros-Lehtinen
     Rose
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sangmeister
     Sawyer
     Schroeder
     Schumer
     Scott
     Serrano
     Smith (IA)
     Stark
     Stokes
     Strickland
     Studds
     Swift
     Synar
     Thompson
     Torres
     Towns
     Tucker
     Underwood (GU)
     Velazquez
     Vento
     Waters
     Watt
     Waxman
     Wheat
     Wise
     Woolsey
     Wynn
     Yates

                               NOES--296

     Allard
     Andrews (NJ)
     Applegate
     Archer
     Armey
     Bacchus (FL)
     Bachus (AL)
     Baker (CA)
     Baker (LA)
     Ballenger
     Barca
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bateman
     Bentley
     Bereuter
     Bevill
     Bilbray
     Bilirakis
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Boucher
     Brewster
     Browder
     Brown (FL)
     Bryant
     Bunning
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Cantwell
     Cardin
     Castle
     Chapman
     Clayton
     Clement
     Clinger
     Coble
     Collins (GA)
     Combest
     Condit
     Cooper
     Coppersmith
     Cox
     Cramer
     Crapo
     Cunningham
     Darden
     de la Garza
     Deal
     DeFazio
     DeLauro
     DeLay
     Dickey
     Dooley
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Edwards (TX)
     Ehlers
     Emerson
     English
     Everett
     Ewing
     Farr
     Fawell
     Fazio
     Fields (TX)
     Fingerhut
     Fish
     Fowler
     Franks (CT)
     Franks (NJ)
     Frost
     Furse
     Gallegly
     Gekas
     Geren
     Gilchrest
     Gillmor
     Gilman
     Gingrich
     Glickman
     Goodlatte
     Goodling
     Gordon
     Goss
     Grams
     Grandy
     Greenwood
     Gunderson
     Hall (OH)
     Hall (TX)
     Hamilton
     Hancock
     Hansen
     Harman
     Hastert
     Hayes
     Hefley
     Hefner
     Herger
     Hinchey
     Hoagland
     Hobson
     Hochbrueckner
     Hoekstra
     Hoke
     Holden
     Horn
     Houghton
     Hoyer
     Huffington
     Hughes
     Hunter
     Hutchinson
     Hutto
     Hyde
     Inglis
     Inhofe
     Inslee
     Jacobs
     Johnson (CT)
     Johnson (GA)
     Johnson (SD)
     Johnson, Sam
     Kanjorski
     Kaptur
     Kasich
     Kim
     King
     Kingston
     Kleczka
     Klein
     Klink
     Klug
     Knollenberg
     Kolbe
     Kopetski
     Kreidler
     Kyl
     LaFalce
     Lambert
     Lancaster
     LaRocco
     Laughlin
     Lazio
     Leach
     Lehman
     Levin
     Levy
     Lewis (CA)
     Lewis (FL)
     Lightfoot
     Linder
     Lipinski
     Livingston
     Lloyd
     Long
     Machtley
     Maloney
     Manzullo
     Margolies-Mezvinsky
     Mazzoli
     McCandless
     McCloskey
     McCollum
     McCrery
     McCurdy
     McDade
     McHale
     McHugh
     McInnis
     McKeon
     McMillan
     McNulty
     Meyers
     Mica
     Michel
     Miller (FL)
     Minge
     Montgomery
     Moorhead
     Morella
     Murtha
     Myers
     Nadler
     Neal (MA)
     Neal (NC)
     Nussle
     Ortiz
     Orton
     Oxley
     Packard
     Pallone
     Parker
     Pastor
     Paxon
     Payne (VA)
     Penny
     Peterson (FL)
     Peterson (MN)
     Petri
     Pombo
     Pomeroy
     Porter
     Price (NC)
     Pryce (OH)
     Quillen
     Quinn
     Ramstad
     Ravenel
     Regula
     Richardson
     Ridge
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Rostenkowski
     Roth
     Roukema
     Rowland
     Royce
     Santorum
     Sarpalius
     Saxton
     Schaefer
     Schenk
     Schiff
     Sensenbrenner
     Sharp
     Shaw
     Shays
     Shepherd
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slattery
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Snowe
     Solomon
     Spence
     Spratt
     Stearns
     Stenholm
     Stump
     Stupak
     Swett
     Talent
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thomas (CA)
     Thomas (WY)
     Thornton
     Thurman
     Torkildsen
     Torricelli
     Traficant
     Unsoeld
     Upton
     Valentine
     Visclosky
     Volkmer
     Vucanovich
     Walker
     Walsh
     Weldon
     Whitten
     Williams
     Wilson
     Wolf
     Wyden
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                             NOT VOTING--17

     Andrews (TX)
     Borski
     Brooks
     Brown (CA)
     Crane
     Edwards (CA)
     Gallo
     Hastings
     Istook
     Kennedy
     Matsui
     Natcher
     Portman
     Reynolds
     Romero-Barcelo (PR)
     Sundquist
     Washington

                              {time}  1634

  Messrs. TEJEDA, ROSTENKOWSKI, PALLONE, KLEIN, ORTIZ, and SLATTERY 
changed their vote from ``aye'' to ``no.''
  Mr. WATT and Mr. WISE changed their vote from ``no'' to ``aye.''
  So the amendment, as amended, offered as a substitute for the 
amendment was rejected.
  The result of the vote was announced as above recorded.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Nebraska [Mr. Barrett].
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.


                             recorded vote

  Mr. BARRETT of Nebraska. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 418, 
noes 1, not voting 19, as follows:

                             [Roll No. 47]

                               AYES--418

     Abercrombie
     Ackerman
     Allard
     Andrews (ME)
     Andrews (NJ)
     Applegate
     Archer
     Armey
     Bacchus (FL)
     Bachus (AL)
     Baesler
     Baker (CA)
     Baker (LA)
     Ballenger
     Barca
     Barcia
     Barlow
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bateman
     Becerra
     Beilenson
     Bentley
     Bereuter
     Berman
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Blackwell
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bonior
     Boucher
     Brewster
     Browder
     Brown (FL)
     Brown (OH)
     Bryant
     Bunning
     Burton
     Buyer
     Byrne
     Callahan
     Calvert
     Camp
     Canady
     Cantwell
     Cardin
     Carr
     Castle
     Chapman
     Clay
     Clayton
     Clement
     Clinger
     Clyburn
     Coble
     Coleman
     Collins (GA)
     Collins (IL)
     Collins (MI)
     Combest
     Condit
     Conyers
     Cooper
     Coppersmith
     Cox
     Coyne
     Cramer
     Crapo
     Cunningham
     Danner
     Darden
     de la Garza
     de Lugo (VI)
     Deal
     DeFazio
     DeLauro
     DeLay
     Dellums
     Derrick
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Dooley
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Durbin
     Edwards (TX)
     Ehlers
     Emerson
     Engel
     English
     Eshoo
     Evans
     Everett
     Ewing
     Faleomavaega (AS)
     Farr
     Fawell
     Fazio
     Fields (LA)
     Fields (TX)
     Filner
     Fingerhut
     Fish
     Flake
     Foglietta
     Ford (MI)
     Ford (TN)
     Fowler
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frost
     Furse
     Gallegly
     Gejdenson
     Gekas
     Gephardt
     Geren
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gingrich
     Glickman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Goss
     Grams
     Grandy
     Green
     Greenwood
     Gunderson
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hamburg
     Hamilton
     Hancock
     Hansen
     Harman
     Hastert
     Hayes
     Hefley
     Hefner
     Herger
     Hilliard
     Hinchey
     Hoagland
     Hobson
     Hochbrueckner
     Hoekstra
     Hoke
     Holden
     Horn
     Houghton
     Hoyer
     Huffington
     Hughes
     Hunter
     Hutchinson
     Hutto
     Hyde
     Inglis
     Inhofe
     Inslee
     Istook
     Jacobs
     Jefferson
     Johnson (CT)
     Johnson (GA)
     Johnson (SD)
     Johnson, E. B.
     Johnson, Sam
     Johnston
     Kanjorski
     Kaptur
     Kasich
     Kennedy
     Kennelly
     Kildee
     Kim
     King
     Kingston
     Kleczka
     Klein
     Klink
     Klug
     Knollenberg
     Kolbe
     Kopetski
     Kreidler
     Kyl
     LaFalce
     Lambert
     Lancaster
     Lantos
     LaRocco
     Laughlin
     Lazio
     Leach
     Lehman
     Levin
     Levy
     Lewis (CA)
     Lewis (FL)
     Lewis (GA)
     Lightfoot
     Linder
     Lipinski
     Livingston
     Lloyd
     Long
     Lowey
     Machtley
     Maloney
     Mann
     Manton
     Manzullo
     Margolies-Mezvinsky
     Markey
     Martinez
     Matsui
     Mazzoli
     McCandless
     McCloskey
     McCollum
     McCrery
     McCurdy
     McDade
     McDermott
     McHale
     McHugh
     McInnis
     McKeon
     McKinney
     McMillan
     McNulty
     Meehan
     Meek
     Menendez
     Meyers
     Mfume
     Mica
     Michel
     Miller (CA)
     Miller (FL)
     Mineta
     Minge
     Mink
     Moakley
     Molinari
     Mollohan
     Montgomery
     Moorhead
     Moran
     Morella
     Murphy
     Murtha
     Myers
     Nadler
     Neal (MA)
     Neal (NC)
     Norton (DC)
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Oxley
     Packard
     Pallone
     Parker
     Pastor
     Paxon
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (FL)
     Peterson (MN)
     Petri
     Pickett
     Pombo
     Pomeroy
     Porter
     Poshard
     Price (NC)
     Pryce (OH)
     Quillen
     Quinn
     Rahall
     Ramstad
     Ravenel
     Reed
     Regula
     Richardson
     Ridge
     Roberts
     Roemer
     Rohrabacher
     Romero-Barcelo (PR)
     Ros-Lehtinen
     Rose
     Rostenkowski
     Roth
     Roukema
     Rowland
     Roybal-Allard
     Royce
     Rush
     Sabo
     Sanders
     Sangmeister
     Santorum
     Sarpalius
     Sawyer
     Saxton
     Schaefer
     Schenk
     Schiff
     Schroeder
     Schumer
     Scott
     Sensenbrenner
     Serrano
     Sharp
     Shaw
     Shays
     Shepherd
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slattery
     Slaughter
     Smith (IA)
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Snowe
     Solomon
     Spence
     Spratt
     Stark
     Stearns
     Stenholm
     Stokes
     Strickland
     Studds
     Stump
     Stupak
     Swett
     Synar
     Talent
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thomas (CA)
     Thomas (WY)
     Thompson
     Thornton
     Thurman
     Torkildsen
     Torres
     Torricelli
     Towns
     Traficant
     Tucker
     Underwood (GU)
     Unsoeld
     Upton
     Valentine
     Velazquez
     Vento
     Visclosky
     Volkmer
     Vucanovich
     Walker
     Walsh
     Waters
     Watt
     Waxman
     Weldon
     Wheat
     Whitten
     Williams
     Wilson
     Wise
     Wolf
     Woolsey
     Wyden
     Wynn
     Yates
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                                NOES--1

       
     Owens
       

                             NOT VOTING--19

     Andrews (TX)
     Borski
     Brooks
     Brown (CA)
     Costello
     Crane
     Edwards (CA)
     Gallo
     Hastings
     Natcher
     Penny
     Pickle
     Portman
     Rangel
     Reynolds
     Rogers
     Sundquist
     Swift
     Washington

                              {time}  1645

  Mr. SAWYER and Mr. NADLER changed their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                    amendment offered by mr. durbin

  Mr. DURBIN. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Durbin: Page 408, after line 12, 
     insert the following paragraph (and redesignate succeeding 
     paragraphs accordingly):
       ``(6) Every day approximately 3,000 children start smoking 
     for the first time and 30 percent of all high school seniors 
     are smokers. Half of all new smokers begin before the age of 
     14, 90 percent before the age of 21, and the average age of 
     the first use of smokeless tobacco products is under the age 
     of 10. Use of tobacco products has been linked to serious 
     health problems. However, because the nicotine in tobacco is 
     an addictive substance, many tobacco users find it difficult 
     to stop using tobacco once they have started. Drug education 
     and prevention programs that include tobacco have been 
     effective in reducing teenage use of tobacco. Drug prevention 
     programs for youth that address only controlled drugs send an 
     erroneous message that the use of tobacco does not have 
     adverse consequences. To be credible, messages opposing 
     illegal drug use by youth should also address other harmful 
     substances.''
       Page 439, strike lines 1 through 17, and insert the 
     following:
       ``(1) The term `drug and violence prevention' means--
       ``(A) with respect to drugs, prevention, early 
     intervention, rehabilitation referral, or education related 
     to the illegal use of alcohol, the use of tobacco and the use 
     of controlled, illegal, addictive, or harmful substances, 
     including inhalants and anabolic steroids; and
       ``(B) with respect to violence, the promotion of school 
     safety, such that students and school personnel are free from 
     violent and disruptive acts, including sexual harassment, on 
     school premises, going to and from school, and at school-
     sponsored activities, through the creation and maintenance of 
     a school environment that is free of weapons and fosters 
     individual responsibility and respect for the rights of 
     others.

  Mr. DURBIN (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Illinois?
  There was no objection.
  Mr. DURBIN. Mr. Chairman, I have listened carefully to the debate in 
this Chamber over the problems and challenges facing school children in 
America.
  In this section of the bill, we attempt to address many of the more 
serious health problems facing our children. Particularly, we are 
dedicating this section to the prevention of the use of narcotics and 
drugs by America's young people.
  This amendment seeks to address a major health problem facing not 
only the children of this country but every American. I am referring 
specifically to the use of tobacco.
  This amendment strikes a balance and says that our school system 
shall educate children not only on the dangers of alcohol and narcotics 
but also on the dangers of the use of tobacco.
  Many people have said, ``Congressman, why are you wasting your time 
talking about cigarettes? We are talking about drugs.''
  Well, I have to tell Members, and most people will understand, that 
tobacco is, in fact, the Nation's No. 1 addiction. In fact, tobacco is 
the No. 1 preventable cause of death in America.
  Tobacco companies in America are very busy.

                              {time}  1650

  Mr. Chairman, the tobacco companies of America are very busy, not 
only making their products, lobbying on Capitol Hill, but also through 
their advertising, luring 3,000 American children every day to take up 
the tobacco habit, 3,000 kids a day. The tobacco companies are going 
after these kids because they have to replenish their ranks. Their 
veteran smokers are quitting, and unfortunately and sadly, dying, so 
they turn to kids.
  This chart which I brought today tells the Members when Americans 
start smoking. Members will notice the ages 13 to 14, 25 percent of 
smokers in America got started. By the age of 12, incidentally, 25 
percent as well. What this means is that in the 7th and 8th grades, 
half of the smokers today got started, and we know, because of the 
addictive quality of nicotine, they stick with this deadly habit, many 
of them to the grave.
  Mr. Chairman, take a look and Members will see by age 20, 90 percent 
of the smokers in this country have already taken up the habit, so it 
is proper that we address this issue in terms of education of young 
people, to let them know of the dangers of smoking. Some people have 
said, ``Why do we want to complicate a drug-free bill, a drug 
prevention bill, with conversations about tobacco?'' I would like for 
the Members to take into account the fact of what kills Americans 
today.
  Mr. Chairman, these are causes of death. Look at this pie chart. 
These are the substantial deaths attributable to smoking and the use of 
tobacco, another substantial portion for alcohol, but much smaller, car 
accidents, fire, AIDS, narcotics like heroin. Suicide, homicide, 
cocaine, all are dwarfed in comparison to the number of young people 
who, once addicted to tobacco, will stick with it to the grave. That is 
why this is absolutely essential.
  I might tell the Members that on the other side the tobacco companies 
shamelessly spend $4 billion a year attracting our children to their 
products. Look at this stuff for Joe Camel. Is it any wonder that 3-
year-olds in America can identify Joe Camel more easily than Mickey 
Mouse, and that is a fact, because the advertisers know it. In this 
cartoon quality, they are promoting their products among the children 
of America.
  What we are proposing today is a small effort. It will be dwarfed by 
the $4 billion spent by this industry, but if we are truly intent on 
raising our children so that they are healthy and have productive, 
healthy lives, we have got to include tobacco education in this 
process.
  This amendment which I have brought forward, with the cooperation of 
the gentleman from Utah [Mr. Hansen] and the gentlewoman from Maryland 
[Mrs. Morella], is an effort to put into our school curriculum, for the 
first time, meaningful education of kids before they are addicted about 
the dangers of tobacco. Is it necessary? Let me ask the Members this: 
As a parent, if you can sit there in good conscience and say, ``I got 
good news today. My daughter came home from school and announced that 
she is going to start smoking'' any parent who thinks that is good news 
does not understand the gravity of the problem that we face and the 
challenge we face.
  As America comes to grips with smoking, banning smoking on airplanes, 
banning it through the Department of Defense just this week, McDonald's 
Corp. stepping forward, saying that in their own restaurants they are 
going to ban smoking, we understand that America is finally coming to 
realize this is just not another habit, this is a cause of death, 
particularly among children.
  I urge the Members of this Chamber to consider and support this 
amendment.
  Mr. HANSEN. Mr. Chairman, I rise in support of the amendment.
  Mr. Chairman, we may recall that when the Manhattan project came 
along, something we all get nervous about, and atomic bombs and things 
such as that, we found ourselves in a situation where we were horrified 
yet glad it was over, when we saw a mushroom cloud kill 350,000 people. 
They were evaporated, just like that, all of them gone.
  Now here in America it does not seem to bother us when we do it one 
at a time, but basically we do it in another puff of smoke, 350,000 
people die a year, up in smoke, on the same theme. We call this one Joe 
Camel, Marlboro country, things such as that.
  If tobacco was discovered in 1993 and went before the FDA, there is 
no way on Earth they would approve it, because it is an addictive drug. 
It is harder to stop from tobacco, some people say, than from cocaine.
  The FDA made a statement like this. They said,

       The current evidence suggests that nictone, when delivered 
     by cigarettes, produces psychological dependence resulting in 
     withdrawal symptoms when smokers are deprived of nicotine. 
     Other data suggests that the comparable percentage of smokers 
     are in fact addicted, and addicted forever.

  Here we go on, and the majority of our children start before they are 
14 years old. Is it not amazing that we look at all these good things, 
an athlete, somebody out riding the range, somebody that looks like a 
camel with all the modern stuff on is what they look at. Why do they 
not show it the way it really is? Why do they not take a Midwestern 
town, somebody sitting in front of a bus station on a bench who has 
emphysema so bad that he cannot breathe. He has cancer. He is going to 
die at a young age. Why do they not show those? It amazes me, the 
marketing blitz they have come up with. I think the amendment by the 
gentleman from Illinois [Mr. Durbin] is the type of thing we should be 
looking at.
  The tobacco industry brags constantly about bringing about 2.3 
million American jobs. Here are some they do not include in the list 
that we ought to think about on this amendment. It does not include 
physicians, x ray technicians, nurses, hospital employees, 
firefighters, dry cleaners, respiratory specialists, pharmacists, 
morticians, and gravediggers. They all get a big part of the tobacco 
money.
  Mr. Chairman, I would hope that people in this House would see the 
reason of doing everything we possibly can to cut this out, and above 
all, to start teaching our youngsters when they are young so that they 
do not get themselves addicted to this horrible habit. I have yet to 
find anyone who smokes who does not wish they did not. I think this 
will be a step in the right direction.
  Mr. VISCLOSKY. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I want to first of all rise to congratulate the 
gentleman from Illinois [Mr. Durbin], the gentleman from Utah [Mr. 
Hansen], and the gentlewoman from Maryland [Mrs. Morella] for their 
leadership on this issue. I strongly support their amendment.
  Nicotine addiction makes quitting smoking as hard as quitting heroin, 
cocaine, or alcohol. Research shows that for most smokers nicotine 
addiction begins during childhood or adolescence. A long-term national 
study has found that 70 percent of high school seniors who smoke one to 
five cigarettes a day are still smoking 5 years later. The fact is that 
while almost one-half million people die from smoking-related deaths 
annually, that 90 percent of those smokers begin smoking before they 
graduate from high school, and that demands that we treat this drug on 
the same level as alcohol and other illegal drugs.
  Smoking is currently illegal for those under 18 in every State. The 
facts are clear. If this product is illegal for our children, 
addicting, and proves to be deadly if used properly, we have a 
responsibility in this House to teach our children the facts, help them 
deal with peer pressures, and aid in treatment of this deadly 
addiction.
  The amendment that is offered today is needed so that prevention, 
early intervention, rehabilitation, referral, and education can all be 
possible for our children. We owe our children this chance to avoid 
becoming addicted to a problem that continues to kill nearly 400,000 
Americans a year.
  Mr. Chairman, I urge support in adoption of the amendment.
  Mr. BALLENGER. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I rise in opposition to today's attack on tobacco.
  Obviously, they do not grow tobacco in Utah or Illinois.
  It seems obvious to me that the politically correct Clinton 
administration and some of my colleagues in the House have their sights 
set on America's tobacco industry. An industry which produces a legal 
product consumed by millions of Americans.
  Your Surgeon General thinks marijuana should be legalized. Do you 
want to put that in this bill?
  As the ranking Republican on the Select Education and Civil Rights 
Subcommittee, I worked with the subcommittee chairman Major Owens, 
Representative Bobby Scott, and Representative Scotty Baesler and 
others to clarify the language in the bill regarding tobacco. We worked 
out a compromise agreement that was satisfactory and approved by the 
Education and Labor Committee. I reject the attempt by Representative 
Durbin to undo this compromise.
  As a North Carolinian born and bred, I was troubled by how the Durbin 
amendment treats tobacco. Under the Durbin proposal, tobacco is equated 
with the use of illegal controlled substances. While I certainly 
appreciate the need to educate young people to allow them to make 
informed decisions about the use of tobacco, tobacco has never been 
considered a controlled substance under the Drug Abuse Prevention and 
Control Act. In fact, it is my understanding that it is specifically 
excluded from the list of such substances. Because tobacco is a 
perfectly legal agricultural product, I strongly oppose adding the 
Durbin definition to tobacco and the Durbin findings on tobacco to a 
bill called the Safe and Drug-Free Schools and Communities Act.
  In addition, I also oppose the Durbin language because of the signal 
that it sends--that the FDA can move forward with its initiative on 
nicotine and that others can continue to seek ways to ban smoking.

                              {time}  1700

  Mrs. MORELLA. Mr. Chairman, I move to strike the requisite number of 
words. Mr. Chairman, I rise in support of the Durbin-Hansen-Morella 
amendment, which aims at discouraging young people from smoking.
  Tobacco use continues to be a major health problem in the United 
States. More than 400,000 Americans die each year from diseases related 
to tobacco use. The American Heart Association emphasizes that ``More 
people die each year in the United States from smoking than from aids, 
alcohol, drug use, homicide, car accidents, and fires combined.''
  Statistics show that most people smoke their first cigarette and 
become addicted to nicotine before the age of 18. Adolescent smokers 
become adult smokers. Very few individuals begin using tobacco products 
when they are adults. Consequently, the key to reducing the rate of 
disease resulting from tobacco use is to discourage young people from 
starting to use tobacco products.
  Mr. Chairman, H.R. 6, as it is currently written, treats tobacco 
differently from alcohol and other drugs. In order to influence young 
people to stay away from alcohol and drugs, the bill provides programs 
aimed at prevention, intervention, rehabilitation, and education. When 
it comes to tobacco, the bill provides only education. In addition, the 
education that the bill provides only addresses the use of tobacco by 
elementary and secondary students. It does not address the use of 
tobacco by adults and the devastating effects of tobacco use at the 
various stages of life.
  The Durbin amendment would require tobacco to be included in drug 
prevention programs that are authorized under H.R. 6. The amendment 
applies the bill's required ``prevention, early intervention, 
rehabilitation referral, and education'' to tobacco as well as the 
illegal use of alcohol and illegal drugs. It guarantees that tobacco 
use would be included in federally funded drug prevention programs.
  The Durbin amendment would counter the effects of the tobacco 
industry's strategy for encouraging adolescents to try tobacco 
products. Though the tobacco industry claims to disapprove of smoking 
by minors, the industry spends $4 billion on advertising to make 
smoking appear attractive, cool, and exciting to teenagers. One 
advertising campaign features Joe Camel, a cartoon character modeled 
after such characters as James Bond. This cartoon character appears in 
all of the ``in'' places, with beautiful women, race cars, and jet 
planes. Joe Camel always has a cigarette at hand, promoting the image 
that smoking is an essential part of a glamorous lifestyle. The Journal 
of the American Medical Association has published three studies showing 
that ``Old Joe Camel'' is recognized and remembered by children as 
young as 3 and 6.
  Many cigarette ads target young women. These ads contain carefully 
designed themes highlighting ``Thinness and femininity.'' The slogan 
for Virginia Slims emphasizes women's liberation and active 
participation in society. ``You've come a long way baby,'' should be 
changed to, ``You've come the wrong way, baby,'' for lung cancer now 
has surpassed breast cancer as a leading cause of death in women. In 
1968, when Virginia Slims were first introduced, less than 8 percent of 
teenage girls smoked. In 6 years, that figure jumped in 15 percent.
  According to the Surgeon General's Office, every day, approximately 
3,000 children start smoking for the first time. More than one-third of 
all new smokers begin before the age of 14, and nearly two-thirds begin 
before the age of 16. Ninety percent of all new smokers begin by the 
time they graduate from high school. Moreover, tobacco can be the first 
step on the way to using alcohol and illegal drugs. It is also 
expensive when it comes to the American economy. Tobacco use accounts 
for $68 billion in health care costs and lost productivity each year.
  If adolescents can stay away from using tobacco products, chances are 
good that they will remain tobacco-free throughout their lives. The 
data from drug prevention programs such as DARE and Project Alert shows 
that drug and prevention programs that include tobacco are effective in 
reducing adolescent tobacco use. I urge my colleagues to support Mr. 
Durbin's amendment!
  Mr. GOODLING. Mr. Chairman, will the gentlewoman yield?
  Mrs. MORELLA. I yield to the gentleman from Pennsylvania.
  Mr. GOODLING. Mr. Chairman, I just wondered whether that was the same 
Surgeon General that would like to legalize the use of marijuana.
  Mrs. MORELLA. I do not think it was to legalize it. I think it was to 
come up with a study about it. But this has nothing to do with that. My 
point is that tobacco is such a deleterious substance that indeed we 
have a responsibility, and I raised nine kids; we have a responsibility 
in school to go beyond education, but to use also intervention where 
necessary.
  Mr. BOEHNER. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I rise today in opposition to the Durbin amendment. I 
do not oppose the amendment because I think kids ought to be allowed to 
smoke in school. Certainly kids should not smoke in school or anywhere 
else, and I do not think there is any Member in this chamber or anyone 
around this country who disagrees with that. Kids and teachers though 
ought to be dealing with reading, writing and arithmetic in schools. 
Teachers should be in the business of teaching kids how to be 
competitive, how to learn and how to expand their minds.
  This amendment may have a lot of emotional appeal. But its adoption 
adds yet another layer of government involvement on each school system. 
And if the school system does not have an education program for this or 
for that, or does not have this or that policy in place, then they do 
not get any more Federal dollars.
  Let us get our priorities straight. It is time to get the schools 
back in the business of teaching our children, not spending all of 
their time complying with Federal mandates.
  Once again, we are going to supply just a very small part of the 
money to local schools in this country, yet we in Congress are going to 
continue to impose our will on what they should be doing with the other 
94 percent of the money that they get from their local constituents and 
their States.
  It is not our role, and it should not be our role for the Federal 
Government to sit here in Washington and mandate, without sending the 
dollars to the States and local communities.
  Ms. EDDIE BERNICE JOHNSON. Mr. Chairman, I move to strike the 
requisite number of words.
  Mr. Chairman, under the present version of H.R. 6 tobacco is treated 
differently than alcohol and other harmful drugs. In practice, however, 
tobacco is a drug which in fact is addictive, and one which causes 
hundreds of thousands of deaths every year in this country.
  One out of every five deaths in America today is caused by tobacco 
use, and millions of Americans suffer from illnesses caused by 
secondhand smoke.
  Just as with other drugs, children must be educated and protected to 
the extent possible. Any amendment that treats tobacco just as alcohol 
and other drugs are treated I would support.
  Tobacco makes no distinction with regard to whom it harms, and we 
should make no distinction with regard to our treatment of tobacco.
  Tobacco usage, without a doubt, will cause detriment to one's health. 
There is hardly any way that we can do anything about that kind of 
addiction unless the teaching and education starts early.
  I support the amendment.

                              {time}  1710

  Mr. TRAFICANT. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I do not know, I just wonder what we do as a Congress. 
I think we send out the wrong signals.
  I support the Durbin amendment. I think anybody who opposes it should 
have their lungs examined.
  We spend millions of dollars to subsidize tobacco farmers, and then 
we pass laws advising the American public how tobacco smoking is bad 
for their health.
  Now, what is the position of the Congress of the United States? Are 
we going to be politically involved with tobacco, or are we going to be 
interested in the health of the American people?
  Now, look, I had my mother, who passed away of respiratory problems 
associated with smoking. Several of my family have. I think a lot of 
people are trying to say that the actions of the gentleman from 
Illinois [Mr. Durbin] are similar because he has had some associated in 
his family. If so, thank God for the gentleman from Illinois [Mr. 
Durbin] and for the effort he is making. I am proud to support the 
initiative you have brought forward, Mr. Durbin.
  Here is the bottom line: The Congress of the United States is either 
going to lead on this or get out of the way. You have Ronald McDonald 
taking the lead, you have the private sector taking the lead, the 
Pentagon is banning smoking. It has now been proven that secondhand 
smoke is a killer.
  We are facing workmen's compensation costs as a Congress, and we are 
still here flapping our jaws about what we are going to do because of 
the politics and the pressures of the tobacco lobby.
  Now look, I know there are a lot of jobs associated with this. But we 
had an awful lot of jobs in steel mills in my valley, and when they all 
fell apart, we were told we had to diversify. Ladies and gentlemen, 
there are a lot of cash crops America can pursue.
  Now, let us talk about the other signals. I think it is time for the 
administration and the Congress of the United States to get their act 
straight on this drug business. We cannot have one person talking about 
legalizing marijuana, legalizing perhaps cocaine and heroin, and, on 
the other hand, looking at issues like tobacco.
  I think the place to start is in the education of our young people. 
The Durbin-Morella amendment deals with that. I think we should support 
it. And I am glad to support it.
  Mr. KILDEE. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I urge adoption of the amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Illinois [Mr. Durbin].
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. DURBIN. Mr. Chairman, I demand a recorded vote, and pending that, 
I make the point of order that a quorum is not present.
  The CHAIRMAN. Evidently a quorum is not present. Pursuant to clause 2 
of rule XXIII, the Chair announces that he will reduce to a minimum of 
5 minutes the period of time within which a vote by electronic device, 
if ordered, will be taken on the pending question following the quorum 
call. Members will record their presence by electronic device.
  The call was taken by electronic device.
  The following Members responded to their names:

                             [Roll No. 48]

                       ANSWERED ``PRESENT''--413

     Abercrombie
     Ackerman
     Allard
     Andrews (ME)
     Andrews (NJ)
     Applegate
     Archer
     Armey
     Bacchus (FL)
     Bachus (AL)
     Baesler
     Baker (CA)
     Baker (LA)
     Ballenger
     Barca
     Barcia
     Barlow
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bateman
     Becerra
     Beilenson
     Bentley
     Bereuter
     Berman
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Blackwell
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bonior
     Boucher
     Brewster
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Bunning
     Burton
     Buyer
     Byrne
     Callahan
     Calvert
     Camp
     Canady
     Cantwell
     Cardin
     Carr
     Castle
     Chapman
     Clay
     Clayton
     Clement
     Clinger
     Clyburn
     Coble
     Coleman
     Collins (GA)
     Collins (IL)
     Collins (MI)
     Combest
     Condit
     Conyers
     Cooper
     Coppersmith
     Costello
     Cox
     Coyne
     Cramer
     Crapo
     Cunningham
     Danner
     Darden
     de la Garza
     de Lugo (VI)
     Deal
     DeFazio
     DeLauro
     DeLay
     Dellums
     Derrick
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Dooley
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Durbin
     Edwards (TX)
     Ehlers
     Emerson
     Engel
     English
     Eshoo
     Evans
     Everett
     Ewing
     Faleomavaega (AS)
     Farr
     Fawell
     Fazio
     Fields (LA)
     Fields (TX)
     Filner
     Fingerhut
     Flake
     Foglietta
     Ford (MI)
     Ford (TN)
     Fowler
     Franks (CT)
     Franks (NJ)
     Frost
     Furse
     Gallegly
     Gejdenson
     Gekas
     Gephardt
     Geren
     Gilchrest
     Gillmor
     Gilman
     Gingrich
     Glickman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Goss
     Grams
     Grandy
     Green
     Greenwood
     Gunderson
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hamburg
     Hamilton
     Hancock
     Hansen
     Harman
     Hastert
     Hayes
     Hefley
     Herger
     Hilliard
     Hinchey
     Hoagland
     Hobson
     Hochbrueckner
     Hoekstra
     Hoke
     Holden
     Horn
     Houghton
     Hoyer
     Huffington
     Hughes
     Hunter
     Hutchinson
     Hutto
     Hyde
     Inglis
     Inhofe
     Inslee
     Istook
     Jacobs
     Jefferson
     Johnson (CT)
     Johnson (GA)
     Johnson (SD)
     Johnson, E.B.
     Johnson, Sam
     Johnston
     Kanjorski
     Kaptur
     Kasich
     Kennedy
     Kennelly
     Kildee
     Kim
     King
     Kingston
     Kleczka
     Klein
     Klink
     Klug
     Knollenberg
     Kolbe
     Kopetski
     Kreidler
     Kyl
     LaFalce
     Lambert
     Lancaster
     Lantos
     LaRocco
     Laughlin
     Lazio
     Leach
     Lehman
     Levin
     Levy
     Lewis (CA)
     Lewis (FL)
     Lewis (GA)
     Lightfoot
     Linder
     Lipinski
     Livingston
     Long
     Lowey
     Machtley
     Maloney
     Mann
     Manton
     Manzullo
     Margolies-Mezvinsky
     Markey
     Martinez
     Matsui
     Mazzoli
     McCandless
     McCloskey
     McCollum
     McCrery
     McCurdy
     McDade
     McDermott
     McHale
     McHugh
     McInnis
     McKeon
     McKinney
     McMillan
     McNulty
     Meehan
     Meek
     Menendez
     Meyers
     Mfume
     Mica
     Michel
     Miller (CA)
     Miller (FL)
     Mineta
     Minge
     Mink
     Moakley
     Molinari
     Mollohan
     Montgomery
     Moorhead
     Moran
     Morella
     Murphy
     Murtha
     Myers
     Nadler
     Neal (MA)
     Norton (DC)
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Oxley
     Packard
     Pallone
     Parker
     Pastor
     Paxon
     Payne (NJ)
     Payne (VA)
     Penny
     Peterson (FL)
     Peterson (MN)
     Petri
     Pickett
     Pickle
     Pombo
     Pomeroy
     Porter
     Poshard
     Price (NC)
     Pryce (OH)
     Quillen
     Quinn
     Rahall
     Ramstad
     Rangel
     Ravenel
     Reed
     Regula
     Richardson
     Ridge
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Romero-Barcelo (PR)
     Ros-Lehtinen
     Rostenkowski
     Roth
     Roukema
     Rowland
     Roybal-Allard
     Royce
     Rush
     Sabo
     Sanders
     Sangmeister
     Santorum
     Sarpalius
     Sawyer
     Saxton
     Schaefer
     Schenk
     Schiff
     Schroeder
     Schumer
     Scott
     Sensenbrenner
     Serrano
     Sharp
     Shaw
     Shays
     Shepherd
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slattery
     Slaughter
     Smith (IA)
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Snowe
     Solomon
     Spence
     Spratt
     Stearns
     Stenholm
     Strickland
     Studds
     Stump
     Stupak
     Swett
     Swift
     Synar
     Talent
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thomas (CA)
     Thomas (WY)
     Thompson
     Thornton
     Thurman
     Torkildsen
     Torres
     Torricelli
     Towns
     Traficant
     Tucker
     Underwood (GU)
     Unsoeld
     Upton
     Velazquez
     Vento
     Visclosky
     Volkmer
     Vucanovich
     Walker
     Walsh
     Waters
     Watt
     Waxman
     Weldon
     Wheat
     Whitten
     Wilson
     Wise
     Wolf
     Woolsey
     Wyden
     Wynn
     Yates
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer
  The CHAIRMAN. Four hundred thirteen Members declaring their presence, 
a quorum clearly is present, and the Committee will resume its 
business.


                             Recorded Vote

  The CHAIRMAN. The pending business is the demand of the gentleman 
from Illinois [Mr. Durbin] for a recorded vote.
  A recorded vote was ordered.
  The CHAIRMAN. The Chair will state this is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 353, 
noes 70, answered ``present'' 1, not voting 14, as follows:

                             [Roll No. 49]

                               AYES--353

     Abercrombie
     Ackerman
     Andrews (ME)
     Andrews (NJ)
     Archer
     Bacchus (FL)
     Bachus (AL)
     Baker (CA)
     Barca
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Becerra
     Beilenson
     Bereuter
     Berman
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Blackwell
     Blute
     Boehlert
     Bonilla
     Browder
     Brown (CA)
     Brown (OH)
     Bryant
     Burton
     Buyer
     Byrne
     Calvert
     Camp
     Canady
     Cantwell
     Cardin
     Castle
     Chapman
     Clay
     Clement
     Clinger
     Coleman
     Collins (GA)
     Collins (IL)
     Collins (MI)
     Combest
     Condit
     Conyers
     Cooper
     Coppersmith
     Costello
     Cox
     Coyne
     Cramer
     Crapo
     Cunningham
     Darden
     de la Garza
     de Lugo (VI)
     Deal
     DeFazio
     DeLauro
     DeLay
     Dellums
     Derrick
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dixon
     Dooley
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Durbin
     Edwards (TX)
     Ehlers
     Engel
     English
     Eshoo
     Evans
     Everett
     Ewing
     Faleomavaega (AS)
     Farr
     Fawell
     Fazio
     Fields (LA)
     Fields (TX)
     Filner
     Fingerhut
     Fish
     Flake
     Foglietta
     Ford (MI)
     Ford (TN)
     Fowler
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frost
     Furse
     Gallegly
     Gejdenson
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Glickman
     Gonzalez
     Goodling
     Goss
     Grams
     Grandy
     Greenwood
     Gunderson
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hamburg
     Hamilton
     Hansen
     Harman
     Hastert
     Hayes
     Hefley
     Herger
     Hinchey
     Hoagland
     Hobson
     Hochbrueckner
     Hoekstra
     Hoke
     Holden
     Horn
     Hoyer
     Huffington
     Hughes
     Hutchinson
     Hutto
     Hyde
     Inglis
     Inhofe
     Inslee
     Istook
     Jacobs
     Jefferson
     Johnson (CT)
     Johnson (GA)
     Johnson (SD)
     Johnson, E. B.
     Johnston
     Kaptur
     Kasich
     Kennedy
     Kennelly
     Kildee
     Kim
     King
     Kleczka
     Klein
     Klink
     Klug
     Knollenberg
     Kolbe
     Kreidler
     Kyl
     LaFalce
     Lambert
     Lantos
     LaRocco
     Laughlin
     Lazio
     Leach
     Lehman
     Levin
     Levy
     Lewis (CA)
     Lewis (FL)
     Lewis (GA)
     Lightfoot
     Linder
     Lipinski
     Livingston
     Lloyd
     Long
     Lowey
     Machtley
     Maloney
     Mann
     Manzullo
     Margolies-Mezvinsky
     Markey
     Martinez
     Matsui
     Mazzoli
     McCandless
     McCloskey
     McCollum
     McCrery
     McCurdy
     McDade
     McDermott
     McHale
     McHugh
     McInnis
     McKeon
     McKinney
     McNulty
     Meehan
     Menendez
     Meyers
     Mfume
     Mica
     Miller (CA)
     Miller (FL)
     Mineta
     Minge
     Mink
     Moakley
     Molinari
     Montgomery
     Moorhead
     Moran
     Morella
     Murphy
     Murtha
     Myers
     Nadler
     Neal (MA)
     Norton (DC)
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Owens
     Oxley
     Packard
     Pallone
     Parker
     Pastor
     Payne (NJ)
     Pelosi
     Penny
     Peterson (FL)
     Peterson (MN)
     Petri
     Pickle
     Pombo
     Pomeroy
     Porter
     Poshard
     Pryce (OH)
     Quinn
     Rahall
     Ramstad
     Rangel
     Reed
     Regula
     Richardson
     Ridge
     Roberts
     Roemer
     Rohrabacher
     Romero-Barcelo (PR)
     Ros-Lehtinen
     Rostenkowski
     Roth
     Roukema
     Rowland
     Roybal-Allard
     Royce
     Rush
     Sabo
     Sanders
     Sangmeister
     Santorum
     Sarpalius
     Sawyer
     Schenk
     Schiff
     Schroeder
     Schumer
     Sensenbrenner
     Serrano
     Sharp
     Shaw
     Shays
     Shepherd
     Shuster
     Skaggs
     Skeen
     Skelton
     Slattery
     Slaughter
     Smith (IA)
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Snowe
     Solomon
     Stark
     Stearns
     Stenholm
     Stokes
     Strickland
     Studds
     Stupak
     Swett
     Swift
     Synar
     Talent
     Tauzin
     Taylor (MS)
     Tejeda
     Thomas (CA)
     Thomas (WY)
     Thornton
     Thurman
     Torkildsen
     Torres
     Torricelli
     Towns
     Traficant
     Tucker
     Underwood (GU)
     Unsoeld
     Upton
     Velazquez
     Vento
     Visclosky
     Volkmer
     Walsh
     Waters
     Waxman
     Weldon
     Wheat
     Whitten
     Wilson
     Wise
     Wolf
     Woolsey
     Wyden
     Wynn
     Yates
     Young (FL)
     Zeliff
     Zimmer

                                NOES--70

     Allard
     Armey
     Baesler
     Baker (LA)
     Ballenger
     Barcia
     Barlow
     Barton
     Bateman
     Bentley
     Bliley
     Boehner
     Bonior
     Boucher
     Brewster
     Brown (FL)
     Bunning
     Callahan
     Carr
     Clayton
     Clyburn
     Coble
     Danner
     Dingell
     Emerson
     Gekas
     Geren
     Gingrich
     Goodlatte
     Gordon
     Green
     Hancock
     Hefner
     Hilliard
     Houghton
     Hunter
     Johnson, Sam
     Kanjorski
     Kingston
     Kopetski
     Lancaster
     Manton
     McMillan
     Meek
     Mollohan
     Neal (NC)
     Paxon
     Payne (VA)
     Pickett
     Price (NC)
     Quillen
     Ravenel
     Rogers
     Rose
     Saxton
     Schaefer
     Scott
     Sisisky
     Smith (OR)
     Spence
     Spratt
     Stump
     Tanner
     Taylor (NC)
     Thompson
     Vucanovich
     Walker
     Watt
     Williams
     Young (AK)

                        ANSWERED ``PRESENT''--1

       
     Applegate
       

                             NOT VOTING--14

     Andrews (TX)
     Borski
     Brooks
     Crane
     Edwards (CA)
     Gallo
     Hastings
     Michel
     Natcher
     Portman
     Reynolds
     Sundquist
     Valentine
     Washington

                              {time}  1750

  Mrs. CLAYTON changed her vote from ``aye'' to ``no.''
  Mr. COX and Mr. DORNAN changed their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Mr. BARCIA of Michigan. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, section 2217 of the bill authorizes the Secretary of 
Education to carry out actions to provide Federal leadership in 
promoting the use of technology in education.
  The Consortium for International Earth Science Information Network 
[CIESIN] is an entity supported by several Federal agencies to create 
the means to make government's environmental science data base 
accessible and useful for science, education, and policy making. CIESIN 
can provide coordinated activities that are of great use to education 
if students are allowed to access CIESIN's database by Internet.
  My question to you, Mr. Chairman, is whether or not CIESIN would be a 
non-profit agency eligible for the type of grants or contracts 
envisioned by section 2217?
  Mr. KILDEE. Mr. Chairman, will the gentleman yield?
  Mr. BARCIA of Michigan. I yield to the gentleman from Michigan.
  Mr. KILDEE. Mr. Chairman, let me say to the gentleman that CIESIN 
would be eligible for the grants or contracts authorized by this 
section.
  The CHAIRMAN. Are there further amendments to title IV of the bill?
  If not, the Clerk will designate title V.
  The text of title V is as follows:
                  ``TITLE V--MAGNET SCHOOLS ASSISTANCE

                       ``PART A--PROMOTING EQUITY

     ``SEC. 5101. FINDINGS.

       ``The Congress finds that--
       ``(1) magnet schools are a significant part of our Nation's 
     effort to achieve voluntary desegregation in its schools;
       ``(2) the use of magnet schools has increased dramatically 
     since enactment of the magnet program, with approximately 1.4 
     million students nationwide now attending such schools, of 
     which more than 60 percent of the students are nonwhite;
       ``(3) magnet schools offer a wide range of distinctive 
     programs that have served as models for school improvement 
     efforts;
       ``(4) in administering this program, the Federal Government 
     has learned that--
       ``(A) where magnet programs are implemented for only a 
     portion of a school's student body, special efforts must be 
     made to discourage the isolation of magnet students from 
     other students in the school;
       ``(B) local educational agencies can maximize their 
     effectiveness in achieving the purposes of this program if 
     they have more flexibility to serve students attending a 
     school who are not enrolled in the magnet school program;
       ``(C) local educational agencies must be creative in 
     designing magnet schools for students at all academic levels, 
     so that school districts do not skim off only the highest 
     achieving students to attend the magnet schools;
       ``(D) local educational agencies must seek to enable 
     participation in magnet school programs by students who 
     reside in the neighborhoods where the programs are placed; 
     and
       ``(E) in order to ensure that magnet schools are sustained 
     after Federal funding ends, the Federal Government must 
     assist local educational agencies to improve their capacity 
     to continue to operate magnet schools at a high level of 
     performance;
       ``(5) it is in the best interest of the Federal 
     Government to--
       ``(A) continue its support of local educational agencies 
     implementing court-ordered desegregation plans and local 
     educational agencies seeking to foster meaningful interaction 
     among students of different racial and ethnic backgrounds 
     beginning at the earliest stage of their education;
       ``(B) ensure that all students have equitable access to 
     quality education that will prepare them to function well in 
     a culturally diverse, technologically-oriented, and highly 
     competitive global community; and
       ``(C) maximize the ability of local educational agencies to 
     plan, develop, implement and continue new and innovative 
     programs in magnet schools that contribute to State and local 
     systemic reform.

     ``SEC. 5102. STATEMENT OF PURPOSE.

       ``The purpose of this part is to assist in the 
     desegregation of local educational agencies by providing 
     financial assistance to eligible local educational agencies 
     for--
       ``(1) the elimination, reduction, or prevention of minority 
     group isolation in elementary and secondary schools with 
     substantial proportions of minority students;
       ``(2) the development and implementation of magnet school 
     projects that will assist local educational agencies in 
     achieving systemic reforms and providing all students the 
     opportunity to meet challenging State performance standards;
       ``(3) the development and design of innovative educational 
     methods and practices; and
       ``(4) courses of instruction within magnet schools that 
     will substantially strengthen the knowledge of academic 
     subjects and the grasp of tangible and marketable vocational 
     skills of students attending such schools.

     ``SEC. 5103. PROGRAM AUTHORIZED.

       ``The Secretary is authorized, in accordance with this 
     part, to make grants to eligible local educational agencies 
     for use in magnet schools that are part of an approved 
     desegregation plan and that are designed to bring students 
     from different social, economic, ethnic, and racial 
     backgrounds together.

     ``SEC. 5104. DEFINITION.

       ``For the purpose of this part, the term `magnet school' 
     means a school or education center that offers a special 
     curriculum capable of attracting substantial numbers of 
     students of different racial backgrounds.

     ``SEC. 5105. ELIGIBILITY.

       ``A local educational agency is eligible to receive 
     assistance under this part if it--
       ``(1) is implementing a plan undertaken pursuant to a final 
     order issued by a court of the United States, or a court of 
     any State, or any other State agency or official of competent 
     jurisdiction, and that requires the desegregation of 
     minority-group-segregated children or faculty in the 
     elementary and secondary schools of such agency; or
       ``(2) without having been required to do so, has adopted 
     and is implementing, or will, if assistance is made available 
     to it under this part, adopt and implement a plan that has 
     been approved by the Secretary as adequate under title VI of 
     the Civil Rights Act of 1964 for the desegregation of 
     minority-group-segregated children or faculty in such 
     schools.

     ``SEC. 5106. APPLICATIONS AND REQUIREMENTS.

       ``(a) Applications.--An eligible local educational agency 
     desiring to receive assistance under this part shall submit 
     an application to the Secretary at such time, in such manner, 
     and containing such information and assurances as the 
     Secretary may require.
       ``(b) Information and Assurances.--An application under 
     this part shall include--
       ``(1) a description of--
       ``(A) how assistance made available under this part will be 
     used to promote desegregation, including how the proposed 
     magnet school project will increase interaction among 
     students of different social, economic, ethnic, and racial 
     backgrounds;
       ``(B) the manner and extent to which the magnet school 
     project will increase student achievement in the 
     instructional area or areas offered by the school;
       ``(C) the manner in which an applicant will continue the 
     magnet school project after assistance under this part is no 
     longer available, including, if applicable, an explanation of 
     whether successful magnet schools established or supported by 
     the applicant with funds under this part have been continued 
     without the use of funds under this part;
       ``(D) how funds under this part will be used to implement 
     services and activities that are consistent with the State's 
     and local educational agency's systemic reform plan, if any, 
     under title III of the Goals 2000: Educate America Act; and
       ``(E) the criteria to be used in selecting students to 
     attend the proposed magnet school projects; and
       ``(2) assurances that the applicant will--
       ``(A) use funds under this part for the purposes specified 
     in section 5103;
       ``(B) employ teachers in the courses of instruction 
     assisted under this part who are certified or licensed by the 
     State to teach the subject matter of the courses of 
     instruction;
       ``(C) not engage in discrimination based on race, religion, 
     color, national origin, sex, or disability in--
       ``(i) the hiring, promotion, or assignment of employees of 
     the agency or other personnel for whom the agency has any 
     administrative responsibility;
       ``(ii) the assignment of students to schools, or to courses 
     of instruction within the school, of such agency, except to 
     carry out the approved plan; and
       ``(iii) designing or operating extracurricular activities 
     for students;
       ``(D) carry out a high-quality education program that will 
     encourage greater parental decisionmaking and 
     involvement; and
       ``(E) give students residing in the local attendance area 
     of the proposed magnet school projects equitable 
     consideration for places in those projects.
       ``(c) Special Rule.--No application may be approved under 
     this section unless the Assistant Secretary of Education for 
     Civil Rights determines that the assurances described in 
     subsection (b)(2)(C) will be met.

     ``SEC. 5107. PRIORITY.

       ``In approving applications under this part, the Secretary 
     shall give priority to applicants that--
       ``(1) have the greatest need for assistance, based on the 
     expense or difficulty of effectively carrying out an approved 
     desegragation plan and the projects for which assistance is 
     sought;
       ``(2) propose to carry out new magnet school projects or 
     significantly revise existing magnet school projects;
       ``(3) propose to select students to attend magnet school 
     projects by methods such as lottery, rather than through 
     academic examination;
       ``(4) propose to implement innovative educational 
     approaches that are consistent with the State's and local 
     educational agency's approved systemic reform plans, if any, 
     under title III of the Goals 2000: Educate America Act; and
       ``(5) propose to draw on comprehensive community 
     involvement plans.

     ``SEC. 5108. USE OF FUNDS.

       ``(a) Use of Funds.--Grants made under this part may be 
     used by eligible local educational agencies--
       ``(1) for planning and promotional activities directly 
     related to the development, expansion, continuation, or 
     enhancement of academic programs and services offered at 
     magnet schools;
       ``(2) for the acquisition of books, materials, and 
     equipment, including computers and the maintenance and 
     operation thereof, necessary for the conduct of programs in 
     magnet schools;
       ``(3) for the payment of, or subsidization of the 
     compensation of, elementary and secondary school teachers who 
     are certified or licensed by the State and who are necessary 
     to conduct programs in magnet schools; and
       ``(4) with respect to a magnet school program offered to 
     less than the entire student population of a school, for 
     instructional activities that--
       ``(A) are designed to make available the special curriculum 
     that is offered by the magnet school project to students who 
     are enrolled in the school but who are not enrolled in the 
     magnet school program; and
       ``(B) further the purposes of this part.
       ``(b) Special Rule.--With respect to subsections (a) (2) 
     and (3), such grants may be used by eligible local 
     educational agencies for such activities only if such 
     activities are directly related to improving the students' 
     reading skills or their knowledge of mathematics, science, 
     history, geography, English, foreign languages, art, or 
     music, or to improving vocational skills.

     ``SEC. 5109. PROHIBITIONS.

       ``Grants under this part may not be used for 
     transportation, or for any activity that does not augment 
     academic improvement.

     ``SEC. 5110. LIMITATION ON PAYMENTS.

       ``(a) Duration of Awards.--Awards made under this part 
     shall not exceed 3 years.
       ``(b) Limitation on Planning Funds.--A local educational 
     agency may expend for planning up to 50 percent of the funds 
     received under this part for the first year of the project, 
     15 percent for the second year of the project, and up to 10 
     percent for the third year of the project.
       ``(c) Limitation on Grants.--A local educational agency 
     shall not receive more than $4,000,000 under this part in any 
     one grant cycle.
       ``(d) Award Requirement.--To the extent practicable, for 
     any fiscal year, the Secretary shall award grants to local 
     educational agencies under this part no later than June 1 of 
     the applicable fiscal year.

     ``SEC. 5111. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

       ``(a) Authorization.--For the purpose of carrying out this 
     part, there are authorized to be appropriated $120,000,000 
     for fiscal year 1995 and such sums as may be necessary for 
     each of the fiscal years 1996, 1997, 1998, and 1999.
       ``(b) Availability of Funds for Grants to Agencies Not 
     Previously Assisted.--In any fiscal year for which the amount 
     appropriated pursuant to subsection (a) exceeds $75,000,000, 
     the Secretary shall, with respect to such excess amount, give 
     priority to grants to local educational agencies that did not 
     receive a grant under this part in the last fiscal year of 
     the funding cycle prior to the fiscal year for which the 
     determination is made.
       ``(c) Evaluations.--The Secretary may reserve not more than 
     2 percent of the funds appropriated under subsection (a) for 
     any fiscal year to carry out evaluations of projects under 
     this part.

                   ``PART B--EQUALIZATION ASSISTANCE

     ``SEC. 5201. TECHNICAL AND OTHER ASSISTANCE FOR SCHOOL 
                   FINANCE.

       ``(a) Technical Assistance.--(1) The Secretary is 
     authorized to make grants to, and enter into contracts and 
     cooperative agreements with, State educational agencies and 
     other public and private agencies, institutions, and 
     organizations to provide technical assistance to State and 
     local educational agencies to assist them in achieving a 
     greater degree of equity in the distribution of financial 
     resources for education among local educational agencies in 
     the State.
       ``(2) A grant or contract under this section may support 
     technical assistance activities, such as--
       ``(A) the establishment and operation of a center or 
     centers for the provision of technical assistance to State 
     and local educational agencies;
       ``(B) the convening of conferences on equalization of 
     resources within local educational agencies, within States, 
     and among States; and
       ``(C) obtaining advice from experts in the field of school 
     finance equalization.
       ``(b) Research.--(1) The Secretary is authorized to carry 
     out applied research and analysis designed to further 
     knowledge and understanding of methods to achieve greater 
     equity in the distribution of financial resources among local 
     educational agencies.
       ``(2) The Secretary may carry out research under this 
     subsection directly or through grants to, or contracts or 
     cooperative agreements with, any public or private 
     organization.
       ``(3) In carrying out this section, the Secretary is 
     authorized to--
       ``(A) support research on the equity of existing State 
     school funding systems;
       ``(B) train individuals in such research;
       ``(C) promote the coordination of such research;
       ``(D) collect and analyze data related to school finance 
     equity in the United States and other nations; and
       ``(E) report periodically on the progress of States in 
     achieving school finance equity.
       ``(4) The Secretary shall coordinate activities under this 
     subsection with activities carried out by the Office of 
     Educational Research and Improvement.
       ``(5) Each State educational agency or local educational 
     agency receiving assistance under this Act shall provide such 
     data and information on school finance as the Secretary may 
     require to carry out the purposes of this section.
       ``(c) Models.--The Secretary is authorized, directly or 
     through grants, contracts, or cooperative agreements, to 
     develop and disseminate models and materials useful to States 
     in planning and implementing revisions of their school 
     finance systems.
       ``(d) Authorization of Appropriations.--For the purpose of 
     carrying out this part, there are authorized to be 
     appropriated $8,000,000 for fiscal year 1995 and such sums as 
     may be necessary for each of the fiscal years 1996, 1997, 
     1998, and 1999.

                ``PART C--WOMEN'S EDUCATIONAL EQUITY ACT

     ``SEC. 5301. FINDINGS AND STATEMENT OF PURPOSE.

       ``(a) Findings.--The Congress finds and declares that--
       ``(1) educational programs in the United States are 
     frequently inequitable as such programs relate to women and 
     girls;
       ``(2) such inequities limit the full participation of all 
     individuals in American society; and
       ``(3) efforts to improve the quality of public education 
     also must include efforts to ensure equal access to quality 
     education programs for all women and girls.
       ``(b) Purpose.--The purpose of this part is to provide 
     gender equity in education in the United States; to provide 
     financial assistance to enable educational agencies and 
     institutions to meet the requirements of title IX of the 
     Educational Amendments of 1972; and to provide equity in 
     education to women and girls who suffer multiple forms of 
     discrimination based on sex, race, ethnic origin, limited 
     English proficiency, disability, or age.

     ``SEC. 5302. PROGRAMS AUTHORIZED.

       ``The Special Assistant of the Office of Women's Equity is 
     authorized--
       ``(1) to promote, coordinate and evaluate gender equity 
     policies, programs, activities and initiatives in all federal 
     education program and offices;
       ``(2) to develop, maintain, and disseminate materials, 
     resources, analyses and research relating to education equity 
     for women and girls;
       ``(3) to provide information and technical assistance to 
     assure the effective implementation of gender equity 
     programs;
       ``(4) coordinate gender equity programs and activities with 
     other federal agencies with jurisdiction over education and 
     related programs;
       ``(5) to provide grants to develop model equity programs;
       ``(6) to provide funds for the implementation of equity 
     programs in schools throughout the Nation;
       ``(7) to assist the Assistant Secretary of the Office of 
     Educational Research and Improvement in identifying research 
     priorities related to education equity for women and girls; 
     and
       ``(8) any other activities consistent with achieving the 
     purposes of this part.

     ``SEC. 5303. LOCAL IMPLEMENTATION GRANTS.

       ``(a) Authority.--The Secretary is authorized to make 
     grants to, and enter into contracts with, public agencies, 
     private nonprofit agencies, organizations, and institutions, 
     including students and community groups, for activities 
     designed to achieve the purposes of this part at all levels 
     of education, including preschool, elementary and secondary 
     education, higher education, adult education and vocational/
     technical education; for the establishment and operation, for 
     a period not to exceed four years, of local programs to 
     ensure--
       ``(1) educational equity for women and girls
       ``(2) equal opportunities for both sexes
       ``(3) to conduct activities incident to achieving 
     compliance with title IX of the Education Amendments of 1972; 
     and
       ``(b) Grant Program.--Authorized activities under 
     subsection (a) may include--
       ``(1) introduction into the curriculum and classroom of 
     curricula, textbooks, and other material designed to achieve 
     equity for women and girls;
       ``(2) implementation of preservice and inservice training 
     with special emphasis on programs and activities designed to 
     provide educational equity for women and girls;
       ``(3) evaluation of promising or exemplary model programs 
     to assess their ability to improve local efforts to advance 
     educational equity for women and girls;
       ``(4) implementation of programs and policies to address 
     sexual harassment and violence against women and girls and to 
     ensure that educational institutions are free from threats to 
     the safety of students and personnel;
       ``(5) implementation of guidance and counseling activities, 
     including career education program, designed to ensure 
     educational equity for women and girls;
       ``(6) implementation of nondiscriminatory tests of aptitude 
     and achievement and of alternative assessments that eliminate 
     biased assessment instruments from use;
       ``(7) implementation of programs to increase educational 
     opportunities, including higher education, vocational 
     training, and other educational programs for low income 
     women; including underemployed and unemployed women and women 
     receiving Aid to Families with Dependent Children benefits;
       ``(8) implementation of programs to improve representation 
     of women in educational administration at all levels; and
       ``(9) planning, development and initial implementation of:
       ``(A) comprehensive plans for implementation of equity 
     programs in state and local educational agencies and 
     institutions of higher education; including community 
     colleges;
       ``(B) innovative approaches to school-community 
     partnerships for educational equity;
       ``(C) innovative approaches to equity programs addressing 
     combined bias, stereotyping, and discrimination on the basis 
     of sex and race, ethnic origin, limited English proficiency, 
     and disability.
       ``(c) Application; Participation.--A grant may be made, and 
     a contract may be entered into, under this part only upon 
     application to the Secretary, at such time, in such form, and 
     containing or accompanied by such information as the 
     Secretary may prescribe. Each such application shall--
       ``(1) provide that the program or activity for which 
     assistance is sought will be administered by or under the 
     supervision of the applicant and in cooperation with 
     appropriate educational and community leaders, including 
     parent, teacher and student organizations, educational 
     institutions, business leaders, community-based organizations 
     serving women, and other significant groups and individuals;
       ``(2) describe a program for carrying out the purpose set 
     forth in Section 5303(b) which holds promise of making 
     substantial contribution toward attaining such purposes;
       ``(3) describe plans for continuation and 
     institutionalization of the program with local support 
     following completion of the grant period and termination of 
     Federal support under this part; and
       ``(4) establish policies and procedures which ensure 
     adequate documentation and evaluation of the activities 
     intended to be carried out under the application.
       ``(d) Criteria; Priorities; Categories of Competition.--The 
     Secretary shall establish criteria, priorities, and 
     categories of competition for awards under this part to 
     ensure that available funds are used for those purposes that 
     most effectively will achieve the purposes of the Act.
       ``(1) The criteria shall address the extent to which--
       ``(A) the program addresses the needs of women and girls of 
     color and women and girls with disabilities;
       ``(B) the program meets locally defined and documented 
     educational equity needs and priorities, including title IX 
     compliance;
       ``(C) the program is a significant component of a 
     comprehensive plan for educational equity and title IX 
     compliance in the particular school district, institution of 
     higher education, vocational-technical institution, or other 
     educational agency or institution; and
       ``(D) the program implements an institutional change 
     strategy with long-term impact and will continue as a central 
     activity of the applicant agency or institution after the 
     grant is completed.
       ``(2) The Secretary shall establish no more than four 
     priorities, one of which shall be a priority for compliance 
     with title IX of the Education Amendments of 1972. Not more 
     than 60 percent of funds available in each fiscal year shall 
     be allocated to programs under the four priorities.
       ``(3) The Secretary shall establish 3 categories of 
     competition, distinguishing among three types of applicants 
     and levels of education that shall include--
       ``(A) grants to local educational agencies, state education 
     agencies, and other agencies and organizations providing 
     elementary and secondary education;
       ``(B) grants to institutions of higher education, including 
     community colleges and other agencies and organizations 
     providing postsecondary education, including vocational-
     technical education, adult education, and other programs; and
       ``(C) grants to non-profit organizations, including 
     community-based organizations, groups representing students, 
     parents, and women, including women and girls of color and 
     women and girls with disabilities.
       ``(e) Requirement.--Not less than 25 percent of funds used 
     to support activities covered by subsection (b) shall be used 
     for awards under each category of competition in each fiscal 
     year.
       ``(f) Special Rule.--The Secretary shall ensure that the 
     total of grants awarded each year address--
       ``(1) all levels of education, including preschool, 
     elementary and secondary education, higher education, 
     vocational education, and adult education;
       ``(2) all regions of the United States, including at least 
     one grant in each of the ten Federal regions; and
       ``(3) urban, rural, and suburban educational institutions.

     ``SEC. 5304. RESEARCH AND DEVELOPMENT GRANTS.

       ``(a) Authority.--The Secretary is authorized to make 
     grants to, and enter into contracts with, public agencies, 
     private nonprofit agencies, organizations, and institutions, 
     including students, and community groups, for activities 
     designed to achieve the purpose of this part at all levels of 
     education, including preschool, elementary and secondary 
     education, higher education, adult education and vocational-
     technical education; to develop model policies and programs, 
     and to conduct research to address and ensure educational 
     equities for women and girls, including but not limited to--
       ``(1) the development and evaluation of gender-equitable 
     curricula, textbooks, software, and other educational 
     material and technology;
       ``(2) the development of model preservice and inservice 
     training programs for educational personnel with special 
     emphasis on programs and activities designed to provide 
     educational equity;
       ``(3) the development of guidance and counseling 
     activities, including career education programs, designed to 
     ensure gender equity;
       ``(4) the development and evaluation of nondiscriminatory 
     assessment systems;
       ``(5) the development of policies and programs to address 
     and prevent sexual harassment and violence to ensure that 
     educational institutions are free from threats to safety of 
     students and personnel;
       ``(6) the development and improvement of programs and 
     activities to increase opportunity for women, including 
     continuing educational activities, vocational education, and 
     programs for low income women; including underemployed and 
     unemployed women, and women receiving Aid to Families with 
     Dependent Children.
       ``(7) the development of instruments and strategies for 
     program evaluation and dissemination of promising or 
     exemplary programs designed to improve local efforts to 
     achieve gender equity;
       ``(8) the development of instruments and procedures to 
     assess the presence or absence of gender equity in 
     educational settings;
       ``(9) the development and evaluation of various strategies 
     to institutionalize gender equity in education.
       ``(b) Application.--A grant may be made, and a contract may 
     be entered into, under this part only upon application to the 
     Secretary, at such time, in such form, and containing or 
     accompanied by such information as the Secretary may 
     prescribe. Each such application shall--
       ``(1) provide that the program or activity for which 
     assistance is sought will be administered by or under the 
     supervision of the applicant;
       ``(2) describe a plan for carrying out 1 or more research 
     and development activities authorized in paragraph (a) above, 
     which holds promise of making a substantial contribution 
     toward attaining the purposes of this act; and
       ``(3) set forth policies and procedures which insure 
     adequate documentation, data collection, and evaluation of 
     the activities intended to be carried out under the 
     application, including an evaluation or estimate of the 
     potential for continued significance following completion of 
     the grant period.
       ``(c) Criteria and Priorities.--(1) The Secretary shall 
     establish criteria and priorities to ensure that available 
     funds are used for programs that most effectively will 
     achieve the purposes of this part.
       ``(2) The criteria and priorities shall be promulgated in 
     accordance with section 431 of the General Education 
     Provisions Act.
       ``(3) In establishing priorities the Secretary shall 
     establish no more than 4 priorities, 1 of which shall be 
     programs which address the educational needs of women and 
     girls who suffer multiple or compound discrimination based on 
     sex and on race, ethnic origin, disability, or age.
       ``(d) Special Rule.--The Secretary shall ensure that the 
     total of grants awarded each year address--
       ``(1) all levels of education, including preschool, 
     elementary and secondary education, higher education, 
     vocational education, and adult education;
       ``(2) all regions of the United States;
       ``(d) Coordination.--Research activities supported under 
     this part--
       ``(1) shall be carried out in consultation with the Office 
     of Educational Research and Improvement to ensure that such 
     activities are coordinated with and enhance the research and 
     development activities supported by the Office; and
       ``(2) may include collaborative research activities which 
     are jointly funded and carried out by the Office of Women's 
     Equity and the Office of Educational Research and 
     Improvement.
       ``(f) Limitation.--Nothing in this part shall be construed 
     as prohibiting men and boys from participating in any 
     programs or activities assisted under this part.

     ``SEC. 5305. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated--
       ``(1) for the purpose of carrying out the provisions of 
     section 5303, there are authorized to be appropriated 
     $3,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the fiscal years 1996, 1997, 1998, and 
     1999; and
       ``(2) for the purpose of carrying out the provisions of 
     section 5304, there are authorized to be appropriated 
     $2,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the fiscal years 1996, 1997, 1998, and 
     1999.

  Mr. KILDEE. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly the Committee rose; and the Speaker pro tempore [Mr. 
Torres] having assumed the chair, Mr. Price of North Carolina, chairman 
of the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 6) 
to extend for 6 years the authorizations of appropriations for the 
programs under the Elementary and Secondary Education Act of 1965, and 
for certain other purposes, had come to no resolution thereon.

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