[Congressional Record Volume 146, Number 60 (Tuesday, May 16, 2000)]
[Senate]
[Pages S4026-S4028]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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             MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2001

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                       DASCHLE AMENDMENT NO. 3148

  Mr. DASCHLE proposed an amendment to the bill (S. 2521) making 
appropriations for military construction, family housing, and base 
realignment and closure for the Department of Defense for the fiscal 
year ending September 30, 2001, and for other purposes; as follows:

       At the appropriate place add the following:
       Since on Mother's Day, May 14, 2000, an estimated 750,000 
     mothers, fathers, and children united for the Million Mom 
     March on the National Mall in Washington, D.C. and were 
     joined by tens of thousands of others, in 70 cities across 
     America, in a call for meaningful, common-sense gun policy;
       Since 4,223 young people ages 19 and under were killed by 
     gunfire--one every two hours, nearly 12 young people every 
     day--in the United States in 1977;
       Since American children under the age of 15 are 12 times 
     more likely to die from gunfire than children in 25 other 
     industrialized countries combined;
       Since gun safety education programs are inadequate to 
     protect children from gun violence;
       Since a majority of the Senate resolved that the House-
     Senate Juvenile Justice Conference should meet, consider and 
     pass by April 20, 2000, a conference report to accompany H.R. 
     1501, the Juvenile Justice Act, and that the conference 
     report should retain the Senate-passed gun safety provisions 
     to limit access to firearms by juveniles, felons, and other 
     prohibited persons;
       Since the one year Anniversary of the Columbine High School 
     tragedy passed on April 20, 2000, without any action by the 
     Juvenile Justice Conference Committee on the reasonable gun 
     safety measures that were passed by the Senate almost one 
     year ago;
       Since continued inaction on this critical threat to public 
     safety undermines confidence in the ability of the Senate to 
     protect our children and raises concerns about the influence 
     of special interests opposed to even the most basic gun 
     safety provisions;
       Since this lack of action on the part of the Juvenile 
     Justice Conference Committee and this Congress to stem the 
     flood of gun violence is irresponsible and further delay is 
     unacceptable; and
       Since protecting our children from gun violence is a top 
     priority for our families, communities, and nation: Now, 
     therefore, be it
       Determined, That it is the sense of the Senate that--
       (1) the organizers, sponsors, and participants of the 
     Million Mom March should be commended for rallying to demand 
     sensible gun safety legislation; and
       (2) Congress should immediately pass a conference report to 
     accompany H.R. 1501, the Violent and Repeat Juvenile Offender 
     Accountability and Rehabilitation Act, before the Memorial 
     Day Recess, and include the Lautenberg-Kerrey gun show 
     loophole amendment and the other Senate-passed provisions 
     designed to limit access to firearms by juveniles, convicted 
     felons, and other persons prohibited by law from purchasing 
     or possessing firearms.
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                     EDUCATIONAL OPPORTUNITIES ACT

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                       STEVENS AMENDMENT NO. 3149

  (Ordered to lie on the table.)
  Mr. STEVENS submitted an amendment intended to be proposed by him to 
the bill (S. 2) to extend programs and activities under the Elementary 
and Secondary Education Act of 1965; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PHYSICAL EDUCATION FOR PROGRESS.

       Title X of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end 
     the following:

               ``PART L--PHYSICAL EDUCATION FOR PROGRESS

     ``SEC. 10999A. SHORT TITLE.

       ``This part may be cited as the `Physical Education for 
     Progress Act'.

     ``SEC. 10999B. PURPOSE.

       ``The purpose of this part is to award grants and contracts 
     to local educational agencies to enable the local educational 
     agencies to initiate, expand and improve physical education 
     programs for all kindergarten through 12th grade students.

     ``SEC. 10999C. FINDINGS.

       ``Congress makes the following findings:
       ``(1) Physical education is essential to the development of 
     growing children.
       ``(2) Physical education helps improve the overall health 
     of children by improving their

[[Page S4027]]

     cardiovascular endurance, muscular strength and power, and 
     flexibility, and by enhancing weight regulation, bone 
     development, posture, skillful moving, active lifestyle 
     habits, and constructive use of leisure time.
       ``(3) Physical education helps improve the self esteem, 
     interpersonal relationships, responsible behavior, and 
     independence of children.
       ``(4) Children who participate in high quality daily 
     physical education programs tend to be more healthy and 
     physically fit.
       ``(5) The percentage of young people who are overweight has 
     more than doubled in the 30 years preceding 1999.
       ``(6) Low levels of activity contribute to the high 
     prevalence of obesity among children in the United States.
       ``(7) Obesity related diseases cost the United States 
     economy more than $100,000,000,000 every year.
       ``(8) Inactivity and poor diet cause at least 300,000 
     deaths a year in the United States.
       ``(9) Physically fit adults have significantly reduced risk 
     factors for heart attacks and stroke.
       ``(10) Children are not as active as they should be and 
     fewer than 1 in 4 children get 20 minutes of vigorous 
     activity every day of the week.
       ``(11) The Surgeon General's 1996 Report on Physical 
     Activity and Health, and the Centers for Disease Control and 
     Prevention, recommend daily physical education for all 
     students in kindergarten through grade 12.
       ``(12) Twelve years after Congress passed House Concurrent 
     Resolution 97, 100th Congress, agreed to December 11, 1987, 
     encouraging State and local governments and local educational 
     agencies to provide high quality daily physical education 
     programs for all children in kindergarten through grade 12, 
     little progress has been made.
       ``(13) Every student in our Nation's schools, from 
     kindergarten through grade 12, should have the opportunity to 
     participate in quality physical education. It is the unique 
     role of quality physical education programs to develop the 
     health-related fitness, physical competence, and cognitive 
     understanding about physical activity for all students so 
     that the students can adopt healthy and physically active 
     lifestyles.
       ``(14) Every student in our Nation's schools should have 
     the opportunity to achieve the goals established by Healthy 
     People 2000 and Healthy People 2010.

     ``SEC. 10999D. PROGRAM AUTHORIZED.

       ``The Secretary is authorized to award grants to, and enter 
     into contracts with, local educational agencies to pay the 
     Federal share of the costs of initiating, expanding, and 
     improving physical education programs for kindergarten 
     through grade 12 students by--
       ``(1) providing equipment and support to enable students to 
     actively participate in physical education activities;
       ``(2) developing or enhancing physical education curricula 
     to meet national goals for physical education developed by 
     the Secretary in consultation with the National Association 
     for Sport and Physical Education; and
       ``(3) providing funds for staff and teacher training and 
     education.

     ``SEC. 10999E. APPLICATIONS; PROGRAM REQUIREMENTS.

       ``(a) Applications.--Each local educational agency desiring 
     a grant or contract under this part shall submit to the 
     Secretary an application that contains a plan to initiate, 
     expand, or improve physical education programs in the schools 
     served by the agency in order to make progress toward 
     meeting--
       ``(1) the goals described in subsection (b); or
       ``(2) State standards for physical education.
       ``(b) Goals.--The goals referred to in subsection (a) are 
     as follows:
       ``(1) Physical education programs shall facilitate 
     achievement of the national goals for physical education 
     described in section 10999D(2), and the curriculum of the 
     programs may provide--
       ``(A) fitness education and assessment to help children 
     understand, improve, or maintain their physical well-being;
       ``(B) instruction in a variety of motor skills and physical 
     activities designed to enhance the physical, mental, and 
     social or emotional development of every child;
       ``(C) development of cognitive concepts about motor skill 
     and physical fitness that support a lifelong healthy 
     lifestyle;
       ``(D) opportunities to develop positive social and 
     cooperative skills through physical activity participation; 
     and
       ``(E) instruction in healthy eating habits and good 
     nutrition.
       ``(2) Teachers of physical education shall be afforded the 
     opportunity for professional development to stay abreast of 
     the latest research, issues, and trends in the field of 
     physical education.
       ``(c) Special Rule.--For the purpose of this part, 
     extracurricular activities such as team sports and Reserve 
     Officers' Training Corps (ROTC) program activities shall not 
     be considered as part of the curriculum of a physical 
     education program assisted under this part.

     ``SEC. 10999F. PROPORTIONALITY.

       ``The Secretary shall ensure that grants awarded and 
     contracts entered into under this part shall be equitably 
     distributed between local educational agencies serving urban 
     and rural areas, and between local educational agencies 
     serving large and small numbers of students.

     ``SEC. 10999G. PRIVATE SCHOOL STUDENTS AND HOME-SCHOOLED 
                   STUDENTS.

       ``An application for funds under this part, consistent with 
     the number of home-schooled children or children enrolled in 
     private elementary schools, middle schools, and secondary 
     schools located in the school district of a local educational 
     agency, may provide for the participation of such children 
     and their teachers in the activities assisted under this 
     part.

     ``SEC. 10999H. REPORT REQUIRED FOR CONTINUED FUNDING.

       ``As a condition to continue to receive grant or contract 
     funding after the first year of a multiyear grant or contract 
     under this part, the administrator of the grant or contract 
     for the local educational agency shall submit to the 
     Secretary an annual report that describes the activities 
     conducted during the preceding year and demonstrates that 
     progress has been made toward achieving goals described in 
     section 10999E(b) or meeting State standards for physical 
     education.

     ``SEC. 10999I. REPORT TO CONGRESS.

       ``The Secretary shall submit a report to Congress not later 
     than June 1, 2003, that describes the programs assisted under 
     this part, documents the success of such programs in 
     improving physical fitness, and makes such recommendations as 
     the Secretary determines appropriate for the continuation and 
     improvement of the programs assisted under this part.

     ``SEC. 10999J. ADMINISTRATIVE COSTS.

       ``Not more than 5 percent of the grant or contract funds 
     made available to a local educational agency under this part 
     for any fiscal year may be used for administrative costs.

     ``SEC. 10999K. FEDERAL SHARE; SUPPLEMENT NOT SUPPLANT.

       ``(a) Federal Share.--The Federal share under this part may 
     not exceed--
       ``(1) 90 percent of the total cost of a project for the 
     first year for which the project receives assistance under 
     this part; and
       ``(2) 75 percent of such cost for the second and each 
     subsequent such year.
       ``(b) Supplement not Supplant.--Funds made available under 
     this part shall be used to supplement and not supplant other 
     Federal, State and local funds available for physical 
     education activities.

     ``SEC. 10999L. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $30,000,000 for 
     fiscal year 2000, $70,000,000 for fiscal year 2001, and 
     $100,000,000 for each of the fiscal years 2002 through 2004, 
     to carry out this part. Such funds shall remain available 
     until expended.''.

 Mr. STEVENS. Mr. President, I offer an amendment to the 
Elementary and Secondary Education Act. My amendment would provide a 
demonstration program for incentive grants for local school districts 
to develop minimum weekly requirements for physical education.
  More than a third of young people aged 12-21 years do not regularly 
engaged in vigorous physical activity, and the percentage of overweight 
young Americans has more than doubled in the past 30 years.
  More and more Americans are obese--more than 30 pounds overweight. In 
1991, only four states had populations more than 15 percent of which 
were overweight. In 1998, the number of states with more than 15 
percent overweight residents rose to 43.
  Lack of exercise is a matter of death. Poor diet and exercise are the 
second leading cause of death in the United States. Only tobacco causes 
more deaths. Lack of exercise contributes to 300,000 deaths in a year 
in the U.S.--more than alcohol, infectious agents, or guns. The 
immediate and long-term impact of our poor health habits is staggering, 
costing the nation more than $100 billion per year. If our young people 
continue to be inactive, the cost to the nation down the road will be 
astronomical. That long-term cost can be prevented, or at least greatly 
diminished, through regular physical activity and good nutrition.
  Lifelong health-related habits, including physical activity and 
eating patterns, are normally established in childhood. Habits are hard 
to change as people grow older. We need to convince young people early, 
before health-damaging behaviors are adopted, to pursue a disciplined 
life with regular exercise.
  My amendment--the PEP bill--will provide our schools an ideal 
opportunity to make an enormous, positive impact on the health of our 
nation. Every student in our nation's schools should have an 
opportunity to participate in quality physical education.
  Children need to know that physical activity will help them feel 
good, be successful in school and work, and stay healthy. Education in 
sports activities provides important lifelong lessons about teamwork 
and dealing with defeat. The lessons of sports may help resolve some of 
the problems that lead to violence in schools.

[[Page S4028]]

  The trends for physical education have not been good. Daily 
participation in Phys Ed dropped from 42 percent in 1991 to 27 percent 
in 1997. Budgets for physical education are cut first. Only one state 
in the U.S. currently requires physical education.
  Sports and healthy body help produce a healthy mind. 47 percent of 
Fortune 500 executives were in the National Honor Society--95 percent 
participated in school athletics. Healthy, active kids grow into 
healthy, active leaders.
  There is a great support for the PEP Act. Many of my colleagues have 
been contacted by constituents expressing their support for the return 
of physical education to schools. This is not a new program--physical 
education was a regular part of school for decades. 72 percent of 
Americans surveyed would support legislation for physical education. 
This amendment creates a 5-year demonstration project to provide an 
opportunity to prove the impact of physical activity in schools on our 
young people.
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             MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2001

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                        LOTT AMENDMENT NO. 3150

  Mr. LOTT proposed an amendment to the bill, S. 2251, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC.     . SENSE OF THE SENATE REGARDING THE SECOND 
                   AMENDMENT, THE ENFORCEMENT OF FEDERAL FIREARMS 
                   LAWS, AND THE JUVENILE CRIME CONFERENCE.

       (a) Findings.--The Senate makes the following findings:
       (1) The Second Amendment to the United States Constitution 
     protects the right of each law-abiding United States citizen 
     to own a firearm for any legitimate purpose, including self-
     defense or recreation; and
       (2) The Clinton Administration has failed to protect law-
     abiding citizens by inadequately enforcing Federal firearms 
     laws. Between 1992 and 1998, Triggerlock gun prosecutions of 
     defendants who use a firearm in the commission of a felony 
     dropped nearly 50 percent, from 7,045 to approximately 3,800, 
     despite the fact that the overall budget of the Department of 
     Justice increased 54 percent during this period; and
       (3) It is a Federal crime to possess a firearm on school 
     grounds under section 922(q) of title 18, United States Code. 
     The Clinton Department of Justice prosecuted only 8 cases 
     under this provision of law during 1998, even though more 
     than 6,000 students brought firearms to school that year. The 
     Clinton Administration prosecuted only 5 such cases during 
     1997; and
       (4) It is a Federal crime to transfer a firearm to a 
     juvenile under section 922(x) of title 18, United States 
     Code. The Clinton Department of Justice prosecuted only 6 
     cases under this provision of law during 1998 and only 5 
     during 1997; also
       (5) It is a Federal crime to transfer or possess a 
     semiautomatic assault weapon under section 922(v) of title 
     18, United States Code. The Clinton Department of Justice 
     prosecuted only 4 cases under this provision of law during 
     1998 and only 4 during 1997; and
       (6) It is a Federal crime for any person ``who has been 
     adjudicated as a mental defective or who has been committed 
     to a mental institution'' to possess or purchase a firearm 
     under section 922(g) of title 18, United States Code. Despite 
     this federal law, mental health adjudications are not placed 
     on the national instant criminal background system; also
       (7) It is a Federal crime for any person knowingly to make 
     any false statement in the attempted purchase of a firearm; 
     it is also a Federal crime for convicted felons to possess or 
     purchase a firearm. More than 500,000 convicted felons and 
     other prohibited purchasers have been prevented from buying 
     firearms from licensed dealers since the Brady Handgun 
     Violence Prevention Act was enacted. When these felons 
     attempted to purchase a firearm, they committed another crime 
     by making a false statement under oath that they were not 
     disqualified from purchasing a firearm; and, of the more than 
     500,000 violations, only approximately 200 of the felons have 
     been referred to the Department of Justice for prosecution; 
     and
       (8) The juvenile crime conference committee is considering 
     a comprehensive approach to juvenile crime including:
       (a) tougher penalties on criminals using guns and illegal 
     gun purchases;
       (b) money for states to get tough on truly violent teen 
     criminals;
       (c) a provision allowing Hollywood to reach agreements to 
     clean up smut and violence on television, in video games, and 
     in music;
       (d) changing federal education mandates to ensure that all 
     students who bring guns to school can be disciplined; and
       (e) a ban on juveniles who commit felonies from ever 
     legally possessing a gun and from possessing assault weapons, 
     and
       (b) Sense of the Senate.--It is the sense of the Senate 
     that:
       (1) Any juvenile crime conference report should reflect a 
     comprehensive approach to juvenile crime and enhance the 
     prosecution of firearms offenses, including:
       (a) designating not less than 1 Assistant United States 
     Attorney in each district to prosecute Federal firearms 
     violations and thereby expand Project Exile nationally;
       (b) upgrading the national instant criminal background 
     system by encouraging States to place mental health 
     adjudications on that system and by improving the overall 
     speed and efficiency of that system; and
       (c) and providing incentive grants to States to encourage 
     States to impose mandatory minimum sentences of firearm 
     offenses;
       (2) The right of each law-abiding United States citizen to 
     own a firearm for any legitimate purpose, including self-
     defense or recreation, should not be infringed.

     

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