[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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