H 4930 CONGRESSIONAL RECORD — HOUSE May 15, 1995

Floor Procedure in the 104th Congress; Compiled by the Rules Committee Democrats—Continued

Bill No. Title Resolution No. Process used for floor consideration Amendments

in order

H.R. 5* .................... Unfunded Mandates .................................................................................... H. Res. 38 Restrictive; Motion adopted over Democratic objection in the Committee of the Whole to limit

debate on section 4; Pre-printing gets preference. N/A.

H.J. Res. 2* ............. Balanced Budget ......................................................................................... H. Res. 44 Restrictive; only certain substitutes ................................................................................................... 2R; 4D.

H. Res. 43 ............... Committee Hearings Scheduling ................................................................. H. Res. 43 (OJ) Restrictive; considered in House no amendments ............................................................................. N/A.

H.R. 2* .................... Line Item Veto ............................................................................................. H. Res. 55 Open; Pre-printing gets preference .................................................................................................... N/A.

H.R. 665* ................ Victim Restitution Act of 1995 ................................................................... H. Res. 61 Open; Pre-printing gets preference .................................................................................................... N/A.

H.R. 666* ................ Exclusionary Rule Reform Act of 1995 ....................................................... H. Res. 60 Open; Pre-printing gets preference .................................................................................................... N/A.

H.R. 667* ................ Violent Criminal Incarceration Act of 1995 ................................................ H. Res. 63 Restrictive; 10 hr. Time Cap on amendments ................................................................................... N/A.

H.R. 668* ................ The Criminal Alien Deportation Improvement Act ...................................... H. Res. 69 Open; Pre-printing gets preference; Contains self-executing provision ............................................ N/A.

H.R. 728* ................ Local Government Law Enforcement Block Grants ..................................... H. Res. 79 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ................................... N/A.

H.R. 7* .................... National Security Revitalization Act ............................................................ H. Res. 83 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ................................... N/A.

H.R. 729* ................ Death Penalty/Habeas ................................................................................. N/A Restrictive; brought up under UC with a 6 hr. time cap on amendments ...................................... N/A.

S. 2 ......................... Senate Compliance ...................................................................................... N/A Closed; Put on suspension calendar over Democratic objection ....................................................... None.

H.R. 831 .................. To Permanently Extend the Health Insurance Deduction for the Self-Employed.H. Res. 88 Restrictive; makes in order only the Gibbons amendment; waives all points of order; Contains

self-executing provision.

1D.

H.R. 830* ................ The Paperwork Reduction Act ...................................................................... H. Res. 91 Open .................................................................................................................................................... N/A.

H.R. 889 .................. Emergency Supplemental/Rescinding Certain Budget Authority ................ H. Res. 92 Restrictive; makes in order only the Obey substitute ........................................................................ 1D.

H.R. 450* ................ Regulatory Moratorium ................................................................................ H. Res. 93 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ................................... N/A.

H.R. 1022* .............. Risk Assessment .......................................................................................... H. Res. 96 Restrictive; 10 hr. Time Cap on amendments ................................................................................... N/A.

H.R. 926* ................ Regulatory Flexibility .................................................................................... H. Res. 100 Open .................................................................................................................................................... N/A.

H.R. 925* ................ Private Property Protection Act .................................................................... H. Res. 101 Restrictive; 12 hr. time cap on amendments; Requires Members to pre-print their amendments

in the Record prior to the bill’s consideration for amendment, waives germaneness and

budget act points of order as well as points of order concerning appropriating on a legislative bill against the committee substitute used as base text.

1D.

H.R. 1058* .............. Securities Litigation Reform Act ................................................................. H. Res. 105 Restrictive; 8 hr. time cap on amendments; Pre-printing gets preference; Makes in order the

Wyden amendment and waives germaness against it.

1D.

H.R. 988* ................ The Attorney Accountability Act of 1995 ..................................................... H. Res. 104 Restrictive; 7 hr. time cap on amendments; Pre-printing gets preference ...................................... N/A.

H.R. 956* ................ Product Liability and Legal Reform Act ...................................................... H. Res. 109 Restrictive; makes in order only 15 germane amendments and denies 64 germane amendments

from being considered.

8D; 7R.

H.R. 1158 ................ Making Emergency Supplemental Appropriations and Rescissions ........... H. Res. 115 Restrictive; Combines emergency H.R. 1158 & nonemergency 1159 and strikes the abortion provision; makes in order only pre-printed amendments that include offsets within the same

chapter (deeper cuts in programs already cut); waives points of order against three amendments; waives cl 2 of rule XXI against the bill, cl 2, XXI and cl 7 of rule XVI against the

substitute; waives cl 2(e) of rule XXI against the amendments in the Record; 10 hr time cap

on amendments. 30 minutes debate on each amendment.

N/A.

H.J. Res. 73* ........... Term Limits .................................................................................................. H. Res. 116 Restrictive; Makes in order only 4 amendments considered under a ‘‘Queen of the Hill’’ procedure and denies 21 germane amendments from being considered.1D; 3R

H.R. 4* .................... Welfare Reform ............................................................................................ H. Res. 119 Restrictive; Makes in order only 31 perfecting amendments and two substitutes; Denies 130

germane amendments from being considered; The substitutes are to be considered under a

‘‘Queen of the Hill’’ procedure; All points of order are waived against the amendments..

5D; 26R

H.R. 1271* .............. Family Privacy Act ....................................................................................... H. Res. 125 Open .................................................................................................................................................... N/A

H.R. 660* ................ Housing for Older Persons Act .................................................................... H. Res. 126 Open .................................................................................................................................................... N/A

H.R. 1215* .............. The Contract With America Tax Relief Act of 1995 ................................... H. Res. 129 Restrictive; Self Executes language that makes tax cuts contingent on the adoption of a balanced budget plan and strikes section 3006. Makes in order only one substitute. Waives all

points of order against the bill, substitute made in order as original text and Gephardt substitute..

1D

H.R. 483 .................. Medicare Select Extension ........................................................................... H. Res. 130 Restrictive; waives cl 2(1)(6) of rule XI against the bill; makes H.R. 1391 in order as original

text; makes in order only the Dingell substitute; allows Commerce Committee to file a report

on the bill at any time..

1D

H.R. 655 .................. Hydrogen Future Act .................................................................................... H. Res 136 Open .................................................................................................................................................... N/A.

H.R. 1361 ................ Coast Guard Authorization .......................................................................... H. Res 139 Open; waives sections 302(f) and 308(a) of the Congressional Budget Act against the bill’s

consideration and the committee substitute; waives c1 5(a) of rule XXI against the committee substitute.

N/A.

H.R. 961 .................. Clean Water Act ........................................................................................... H. Res 140 Open; pre-printing gets preference; waives sections 302(f) and 602(b) of the Budget Act against

the bill’s consideration; waives c1 7 of rule XVI, c1 5(a) of rule XXI and section 302(f) of the

Budget Act against the committee substitute. Makes in order Shuster substitute as first order

of business.

N/A.

H.R. 535 .................. Corning National Fish Hatchery Conveyance Act ........................................ H. Res. 144 Open .................................................................................................................................................... N/A. H.R. 584 .................. Conveyance of the Fairport National Fish Hatchery of the State of Iowa . H. Res. 145 Open .................................................................................................................................................... N/A. H.R. 614 .................. Conveyance of the New London National Fish Hatchery Production Facility.

H. Res. 146 Open .................................................................................................................................................... N/A.

* Contract Bills, 67% restrictive; 33% open. ** All legislation, 59% restrictive; 41% open. *** Restrictive rules are those which limit the number of amendments which can be offered, and include so called modified open and modified

closed rules as well as completely closed rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart of resolutions reported from

the Rules Committee in the 103rd Congress. **** Not included in this chart are three bills which should have been placed on the Suspension Calendar. H.R. 101, H.R. 400, H.R. 440.

Mr. Speaker, I have no further requests for time, and I yield back the

balance of my time.

Mrs. WALDHOLTZ. Mr. Speaker, I

have no further requests for time, I

yield back the balance of my time, and

I move the previous question on the

resolution.

The previous question was ordered.

The resolution was agreed to.

A motion to reconsider was on the

table.

ELIMINATING NATIONAL EDUCATION STANDARDS AND IMfPROVEMENT COUNCIL FROM THE

GOALS 2000: EDUCATE AMERICA

ACT

Mr. GOODLING. Mr. Speaker, I move

to suspend the rules and pass the bill

(H.R. 1045) to amend the Goals 2000:

Educate America Act to eliminate the

National Education Standards and Improvement Council, and for other purposes, as amended.

The Clerk read as follows:

H.R. 1045

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

Congress assembled,

SECTION 1. ELIMINATION OF THE NATIONAL

EDUCATION STANDARDS AND IMPROVEMENT COUNCIL.

(a) REPEALS.—Subsection (b) of section 241,

sections 211 through 218 of Part B of title II,

and section 316 of the Goals 2000: Educate

America Act (20 U.S.C. 5841 et seq.) are repealed.

(b) AMENDMENTS TO GOALS 2000: EDUCATE

AMERICA ACT.—

(1) Section 201(3) of the Goals 2000: Educate

America Act (20 U.S.C. 5812(3)) is amended by

striking all that follows after ‘‘opportunityto-learn standards’’ and inserting a period.

(2) Section 203(a) of such Act (20 U.S.C.

5823(a)) is amended by striking paragraphs

(3) and (4) and by redesignating paragraphs

(5) and (6) as paragraphs (3) and (4), respectively.

(3) Section 204(a)(2) of such Act (20 U.S.C.

5824) is amended by striking ‘‘described in

section 213(f)’’.

(4) Section 219 of such Act (20 U.S.C. 5849)

is amended—

(A) in subsection (a)(1) by striking ‘‘consistent with the provisions of section

213(c),’’; and

(B) by striking subsection (b) and inserting

the following:

‘‘(b) APPLICATIONS.—Each consortium that

desires to receive a grant under this subsection shall submit an application to the

Secretary at such time, in such manner, and

containing such information and assurances

as the Secretary may require.’’.

(5) Section 220(a) of such Act (20 U.S.C.

5850(a)) is amended by striking ‘‘to be used’’

and all that follows through ‘‘by the Council’’.

(6) Section 221(a) of such Act (20 U.S.C.

5851(a)) is amended—

(A) in paragraph (1)—

(i) subparagraph (A), by striking ‘‘and the

Council’’; and

(ii) by striking subparagraphs (B) and (C)

and redesignating subparagraph (D) as subparagraph (B); and

(B) in paragraph (2), by striking ‘‘and the

Council, as appropriate,’’.

(7) Section 308(b)(2)(A) of such Act (20

U.S.C. 5888(b)(2)(A)) is amended by striking

‘‘including—’’ and all that follows through

the end of clause (ii) and inserting ‘‘including through consortia of States’’.

(8) Section 314(a)(6) of such Act (20 U.S.C.

5894(a)(6)) is amended by striking ‘‘, if—’’ and

all that follows through ‘‘(B)’’ and inserting

‘‘if’’.

(9) Section 315 of such Act (20 U.S.C. 5895)

is amended in subsection (b)—

(A) paragraph (1)(A), by striking ‘‘paragraph (4) of this subsection’’ and inserting

‘‘paragraph (3)’’;
May 15, 1995 CONGRESSIONAL RECORD — HOUSE H 4931

(B) by striking paragraph (2);

(C) by redesignating paragraphs (3)

through (5) as paragraphs (2) through (4), respectively;

(D) in subparagraph (B) of paragraph (3) (as

redesignated), by striking ‘‘paragraph (5),’’

and inserting ‘‘paragraph (4),’’; and

(E) in paragraph (4) (as redesignated), by

striking ‘‘paragraph (4)’’ each place it appears and inserting ‘‘paragraph (3)’’.

(c) NATIONAL SKILL STANDARDS ACT OF

1994.—

(1) Section 503 of the National Skill Standards Act of 1994 (20 U.S.C. 5933) is amended—

(A) in subsection (b)—

(i) in paragraph (1)—

(I) in the matter preceding subparagraph

(A), by striking ‘‘28’’ and inserting ‘‘(27)’’;

(II) by striking subparagraph (D); and

(III) by redesignating subparagraphs (E)

through (G) as subparagraphs (D) through

(F), respectively;

(ii) in paragraphs (2), (3), and (5), by striking ‘‘subparagraphs (E), (F), and (G)’’ each

place it appears and inserting ‘‘subparagraphs (D), (E), and (F)’’;

(iii) in paragraph (2), by striking ‘‘subparagraph (G)’’ and inserting ‘‘subparagraph

(F)’’;

(iv) in paragraph (4), by striking ‘‘(C), and

(D)’’ and inserting ‘‘and (C)’’; and

(v) in the matter preceding subparagraph

(A) of paragraph (5), by striking ‘‘subparagraph (E), (F), or (G)’’ and inserting ‘‘subparagraphs (D), (E), or (F)’’; and

(B) in subsection (c)—

(i) in paragraph (1)(B), by striking ‘‘subparagraph (E)’’ and inserting ‘‘subparagraph

(D)’’; and

(ii) in paragraph (2), by striking ‘‘subparagraphs (E), (F), and (G)’’ and inserting ‘‘subparagraphs (D), (E), and (F)’’.

(2) Section 504 of such Act (20 U.S.C. 5934)

is amended—

(A) by striking subsection (f); and

(B) by redesignating subsection (g) as subsection (f).

(d) AMENDMENT TO ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—Section

14701(b)(1)(B)(v) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.

8941(b)(1)(B)(v)) is amended—

(1) by inserting ‘‘and’’ before ‘‘the National

Education Goals Panel’’; and

(2) by striking ‘‘, and the National Education Statistics and Improvement Council’’.

(d) AMENDMENT TO GENERAL EDUCATION

PROVISIONS ACT.—Section 428 of the General

Education Provisions Act (20 U.S.C. 1228b),

as amended by section 237 of the Improving

America’s Schools Act of 1994 (Public Law

103–382), is amended by striking ‘‘the National Education Standards and Improvement Council,’’.

SEC. 2. TECHNICAL AND COINFORMING AMENDMENTS.

The table of contents for the Goals 2000:

Educate America Act is amended, in the

items relating to title II, by striking the

items relating to sections 211 through 218 of

part B of such title and the item relating to

section 316.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from

Pennsylvania [Mr. GOODLING] will be

recognized for 20 minutes, and the gentleman from Michigan [Mr. KILDEE]

will be recognized for 20 minutes.

The Chair recognizes the gentleman

from Pennsylvania [Mr. GOODLING].

Mr. GOODLING. Mr. Speaker, I yield

myself such time as I may consume.

Mr. Speaker, I would announce in advance that the floor prep statement

put out by my side of the aisle is incorrect on this particular issue.

Mr. Speaker, today we are considering H.R. 1045, a bill to repeal the National Education Standards and Improvement Council [NESIC]. This legislation has bipartisan support and I

hope that when we pass this legislation

today, the other body will take it up

immediately and send it to the President for his signature.

The National Education Standards

and Improvement Council [NESIC] created by Goals 2000 is a Presidentially

appointed council that has the mission

of reviewing and certifying national

education standards and State education standards that are voluntarily

submitted. Because decisions about

educating our children are primarily

decided at the local level by parents,

teachers and students, NESIC, commonly referred to as a ‘‘national school

board,’’ has generated great controversy about continued local control

of education.

The distance between standards and

curriculum is not very great. Currently, there is a prohibition on the

Federal Government dictating curriculum to States and school districts and

there is good reason to be wary of Federal involvement in certifying education standards. The seriously flawed

and justifiably controversial history

standards illustrate how the standardssetting process can go awry and point

out the dangers of having a Presidentially appointed unaccountable

body certifying education standards.

However, I want to make it very

clear, academic standards based reform

remains one of the most promising

strategies for improving education for

all children in our Nation. Academic

standards are a statement of learning

outcomes. What children need to know

and be able to do. I think parents want

to know what their children actually

learned rather than that they spent 180

days in school and earned a carnegie

unit. There must be rigorous academic

standards and not vague and fuzzy attempts to shape students’ attitudes

and values, matters that should be left

to parents. The most important standards development must take place in

our local communities and school districts. However, Federal certification

of these standards is not necessary for

this process to be effective or constructive.

While I recognize that many of my

colleagues would like to go much further in limiting Federal involvement

in education, I want to assure them

that they will have the opportunity as

our committee considers broader education reform legislation. By enacting

this legislation today, it is my hope

that this will put a stop to an unwarranted Federal intrusion into education while preserving education

standards development by States and

local school districts. To do less will

certainly hamper any hope of the United States doing well in a very competitive world.

We must develop voluntary national

and international standards in the academic subject areas and develop voluntary assessment tools to determine

whether the standards are met. Teachers must then be prepared to teach to

these higher standards.

I, therefore, urge my colleagues to

support this bill.

Mr. Speaker, I reserve the balance of

my time.

Mr. KILDEE. Mr. Speaker, I yield

myself such time as I may consume.

Mr. Speaker, I rise today in support

of this compromise.

I also want to thank my committee

chairman and friend, BILL GOODLING,

for his efforts. We have a long history

of bipartisan cooperation in our committee and that, in large measure, is

due to the influence of our committee

chairman.

As someone who has served on this

committee for 18 years, I want to underscore my own belief that education

is a State responsibility, a local function, and an important Federal concern.

That is an appropriate balance which

has deep roots in our Nation’s history.

Our Nation is in the midst of a period

of profound change. We are facing economic challenges from our global competitors that make it absolutely imperative that our children achieve to the

highest possible academic standards.

We are now a highly mobile society.

People do not always live and work in

the communities in which they were

born. And, rarely does the employment

base stay the same. Business and industry respond to the demands of the

marketplace and so must our schools.

We owe that to the children.

Mr. Speaker, reform of our system of

public education is one of the most

critical tasks we face. We made a good

deal of progress in the last Congress. I

believe the bill we have before us today

will preserve that progress while it

meets the consideration of those who

felt some concern.

Again, my thanks to my committee

chairman GOODLING and I would also

like to acknowledge the hard work of

your staff, particularly John Barth,

Sally Lovejoy, Vic Klatt, and Jomarie

St. Martin. And our staff Sara Davis,

Broderick Johnson, and Dr. June Harris.

Mr. Speaker, I have no further requests for time, and I yield back the

balance of my time.

Mr. GOODLING. Mr. Speaker, I have

no further requests for time, and I

yield back the balance of my time.

The SPEAKER pro tempore. The

question is on the motion offered by

the gentleman from Pennsylvania [Mr.

GOODLING] that the House suspend the

rules and pass the bill, H.R. 1045, as

amended.

The question was taken; and (twothirds having voted in favor thereof)

the rules were suspended and the bill,

as amended, was passed.

A motion to reconsider was laid on

the table.