[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.''.

<bullet> 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.<bullet>
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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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