[Congressional Record Volume 141, Number 47 (Tuesday, March 14, 1995)]
[House]
[Page H3119]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 TECHNICAL AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 
                   1965 RELATING TO INDIAN EDUCATION

  Mr. GOODLING. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 377) to amend a provision of part A 
of title IX of the Elementary and Secondary Education Act of 1965, 
relating to Indian education, to provide a technical amendment, and for 
other purposes, and ask for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  Mr. CLAY. Mr. Speaker, reserving the right to object, I do not intend 
to object, but I yield to the gentleman from Pennsylvania so he may 
explain his unanimous-consent request.
  Mr. GOODLING. Mr. Speaker, I have asked unanimous consent to bring to 
the floor for consideration S. 377, legislation providing for a 
technical amendment to the Indian title of the Improving America's 
Schools Act. This legislation passed the Senate on a voice vote on 
February 16, 1995.
  This bill, S. 377, would correct a drafting error to section 
9112(a)(1)(A) of the Elementary and Secondary Education Act relating to 
Indian education.
  The intent of the House and Senate conferees was to require that a 
school would be eligible for an Indian Education Act formula grant if 
it had 20 eligible students or 25 percent of its student population 
eligible for the program. The provision was inadvertently drafted to 
replace the word ``or'' with ``and''.
  The Department of Education is currently drafting regulations to 
implement the new provisions of the Indian Education Act. Unless this 
technical amendment is enacted by Congress, the existing language will 
result in disqualification of many schools serving American Indians and 
Alaska Natives, and I urge my colleagues to pass S. 377.
  Mr. CLAY. Mr. Speaker, further reserving the right to object, I rise 
in support of the unanimous-consent request and in support of this 
technical correction.
  Mr. Speaker, I withdraw my reservation of objection.
  Mr. HOYER. Mr. Speaker, reserving the right to object, I object to 
being summarily sat down by the withdrawal. There are all sorts of 
things you can object to, I say to my good friend, the chairman of the 
committee, and he is my good friend.
  I ask, under my reservation, does the gentleman intend to renew, and 
I would ask for a notice and the comity if you are going to renew the 
motion; you are not going to renew it because I happen to walk off the 
floor. We are not going to play that way, ladies and gentlemen.
  Mr. GOODLING. If the gentleman will yield, that is not my 
responsibility to bring that to the floor nor is it my responsibility 
to remove it, nor is it my responsibility to bring it back again.
  Mr. HOYER. Further reserving the right to object, I say to my good 
friend, he notices I was not looking at him at the time I said that.
  Mr. GOODLING. I was merely going to say the gentlewoman from Maryland 
[Mrs. Morella] seconds whatever it was you were saying in your 
reservation.
  Mr. HOYER. I am sure the gentlewoman from Maryland [Mrs. Morella] 
would join me and the gentleman from Virginia [Mr. Davis] would join me 
and others would join me as well.
                              {time}  1815

  Mr. GOODLING. It was the gentleman's leadership that had signed off. 
That is why it was given to me to present.
  Mr. HOYER. I understand that. So we will have some further 
discussions before it is moved ahead?
  Mr. GOODLING. The gentleman is correct.
  Mr. HOYER. Will my friend give me the assurance that this unanimous-
consent request will not be renewed until such time as I have signed 
off on it?
  Mr. GOODLING. If your leadership comes to us, I suppose we can give 
you some assurance.
  Mr. HOYER. I take it that is a no.
  Mr. GOODLING. I am not in a position to respond to the gentleman's 
request.
  Mr. HOYER. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore (Mr. Shays). Is there objection to the 
request of the gentleman from Pennsylvania?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                 S. 377

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. TECHNICAL AMENDMENT.

       Section 9112(a)(1)(A) of the Elementary and Secondary 
     Education Act of 1965 (as added by section 101 of the 
     Improving America's Schools Act of 1994 (Public Law 103-382)) 
     is amended by striking ``and'' and inserting ``or''.

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.


                             GENERAL LEAVE

  Mr. GOODLING. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on S. 377, the Senate bill just passed.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.

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