Child Medication Safety Act of 2003
Legislative Activity
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Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
May 22, 2003
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Introduced in House
March 11, 2003
Sponsor introductory remarks on measure. (CR H1753)
March 11, 2003
Referred to the House Committee on Education and the Workforce.
March 11, 2003
Sponsor introductory remarks on measure. (CR E432)
March 12, 2003
Referred to the Subcommittee on Education Reform.
March 24, 2003
Subcommittee Hearings Held.
May 6, 2003
Subcommittee on Education Reform Discharged.
May 15, 2003
Committee Consideration and Mark-up Session Held.
May 15, 2003
Ordered to be Reported (Amended) by Voice Vote.
May 15, 2003
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 108-121.
May 21, 2003
Placed on the Union Calendar, Calendar No. 62.
May 21, 2003
Mr. Burns moved to suspend the rules and pass the bill, as amended.
May 21, 2003 • 11:11 AM
Considered under suspension of the rules. (consideration: CR H4382-4387)
May 21, 2003 • 11:11 AM
DEBATE - The House proceeded with forty minutes of debate on H.R. 1170.
May 21, 2003 • 11:11 AM
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
May 21, 2003 • 11:46 AM
Considered as unfinished business. (consideration: CR H4398)
May 21, 2003 • 1:23 PM
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 425 - 1 (Roll no. 203).(text: CR H4382)
May 21, 2003 • 1:30 PM
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 425 - 1 (Roll no. 203). (text: CR H4382)
May 21, 2003 • 1:30 PM
Motion to reconsider laid on the table Agreed to without objection.
May 21, 2003 • 1:30 PM
The title of the measure was amended. Agreed to without objection.
May 21, 2003 • 1:31 PM
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
May 22, 2003
Voting History
1 vote recorded • Roll call available
Floor Debate
24 membersWhat members said about H.R. 1170 on the floor
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Floor Debate
24 membersWhat members said about H.R. 1170 on the floor
Mr. Speaker, I thank the gentlewoman for yielding me this time. Mr. Speaker, today I rise in support of the rule that will allow for consideration of H.R. 1588, the National Defense Authorization Act…
Mr. Speaker, I thank the gentlewoman for yielding me this time.
Mr. Speaker, today I rise in support of the rule that will allow for consideration of H.R. 1588, the National Defense Authorization Act for Fiscal Year 2004.
The legislation we have crafted in the Committee on Armed Services is targeted at two of the most critical areas crucial to maintaining a healthy and robust military quality of life and readiness. For the soldiers and airmen in my district at Fort Bragg and Pope Air Force Base respectively, the ability to adequately care for their families and train for the mission for which they are called are the two issues second to none.
I believe this legislation makes significant progress in these areas and will enable our men and women in uniform to continue prosecuting the war on terrorism. A recent trip to Iraq served to strongly reinforce my existing pride in our Nation's war fighters. These brave men and women served with honor and distinction as they liberated a nation. Troops from the Eighth Congressional District of North Carolina have been at the very tip of the spear that ended the dark reign of Saddam Hussein and continue to lead the way in post-conflict resolution in Iraq and Afghanistan. These men and women deserve our support for this rule and the underlying bill.
This legislation takes care of our most vital asset, our people. It provides every service member with an average 4.1 percent pay raise. It also boosts military special pay and extends enlisted and reenlistment bonuses. It funds programs to improve living and working facilities on military installations.
The bill under consideration indicates we have come a long way since the procurement moratorium of the mid-1990s and are seeing the results of a restoration of national security funding in our victories in Iraq and Afghanistan.
I believe we must continue to provide adequate funding for our Nation's military. President Kennedy spent 9 percent of our gross domestic product on national defense. President Ronald Reagan 6 percent. The legislation today spends only 3.4 but is inching upwards; and with the security threats we face today, I believe we must continue moving upward with our defense allocations.
I would like to highlight two issues the National Defense Authorization Act addresses which are of particular concern to me. The first is domestic violence.
Last year, in the wake of several murders involving soldiers stationed at Fort Bragg, I requested the Committee on Armed Services to conduct a series of fact-finding meetings at Fort Bragg and in the Fayetteville community to examine the problem of domestic violence in the military. Working close with the community and the Defense Task Force on Domestic Violence, we have made progress in implementing their recommendations.
The bill before us provides a provision that allows chaplains to work more closely with military families and gives them the maximum flexibility to work with all family members to prevent potentially tragic situations. It also provides funding for travel and transportation for military dependents who are relocating for reasons of personal safety. It provides traditional compensation for victims and additional measures for implementation of the task force recommendations.
I commend the gentleman from California (Mr. Hunter), the gentleman from Missouri (Mr. Skelton), the gentleman from New York (Mr. McHugh), and the subcommittee for their leadership and attention to this matter and look forward to continuing their work to put an end to domestic violence.
The National Defense Authorization Act addresses another critical issue, that of fortifying the defense industrial base, ensuring that the DOD purchases products that are made in America. My two top priorities are national and economic security. There is seldom, if ever, a reason that these two goals should be considered mutually exclusive.
I have vowed to always work to protect and promote the U.S. manufacturing industry, and this is a perfect opportunity to do so. Strengthening the ``Buy American'' provisions is the right thing to do for our workers and soldiers. Protecting national security is important; economic security is important as well.
Mr. Speaker, we debated this bill for 25 hours, and we had a good debate. It is time to support this rule in the underlying rule that supports our men and women in uniform.
Mr. Speaker, today I rise in support of the rule that will allow for consideration of H.R. 1588, the National Defense Authorization Bill for Fiscal Year 2004. The legislation that we have crafted in the Armed Services Committee is targeted at two of the most critical areas crucial to maintaining a healthy and robust military--quality of life and readiness. For the soldiers and airmen in my district at Fort Bragg and Pope Air Force Base respectively, the ability to adequately care for their families and train for the mission for which they are called are the two issues that are second to none. I believe this legislation makes significant progress in these areas and will enable our men and women in uniform to continue prosecuting the war on terrorism. My recent trip to Iraq served to strongly reinforce my pride in our Nation's war fighters. These brave men and women served with honor and distinction as they liberated a nation. Troops from the 8th District of North Carolina have been at the very tip of the spear that ended the dark reign of Saddam Hussein and continue to lead the way in post conflict resolution in Iraq and Afghanistan. These men and women deserve our support for this rule and the underlying bill.
This legislation first and foremost takes care of our most vital asset of our military, our people. It provides every service member with an average 4.1 percent pay raise. It also boosts military special pay and extends enlisted and reenlistment bonuses. Furthermore, it funds programs to improve living and working facilities on military installations.
The bill under consideration today also indicates that we have come a long way since the procurement moratorium of the mid-1990s, and we are seeing results of the restoration of national security funding in our victories in Iraq and Afghanistan. I believe that we must continue to provide adaqaate funding for our Nation's military. President John F. Kennedy spent 9 percent of American's gross domestic product on defense. President Reagan spent six. The legislation in front of us today spends 3.4 percent and is inching upward. With the national security threats we face today, I believe we must continue moving upward in defense spending.
I would also like to take this opportunity to highlight two issues the National Defense Authorization Act for FY04 addresses that are of particular concern to me. The first is domestic violence. Last year, in the wake of several murders involving soldiers stationed at Fort Bragg, I requested that the Armed Services Committee conduct a series of fact- finding meetings at Fort Bragg and in the Fayetteville community to examine the problem of domestic violence in the military. Working closely with folks in the community and the Defense Task Force on Domestic Violence, we have made progress in implementing their recommendations. The bill before us today contains a provision that allows chaplains to work more closely with military families and gives them the maximum flexibility to work with all family members to prevent potentially tragic situations. It also provides funding for travel and transportation for military dependents who are relocating for reasons of personal safety. It provides transitional compensation for victims and additional measures for implementation of the Task Force recommendations. I commend Chairmen Hunter and McHugh and the staff of the Total Force Subcommittee for their leadership and attention to this matter and look forward to continuing to work with them to end domestic violence.
The National Defense Authorization Act for 2004 also addresses another critical issue, that of fortifying the defense industrial base, ensuring that the Department of Defense purchases products that are made in America. My top two priorities are national security and economic security. There is seldom, if ever, a reason that these two goals should be considered mutually exclusive. I have vowed to always work to protect and promote the U.S. manufacturing industry and this is a perfect opportunity to do so. Strengthening the ``Buy American'' provisions is the right thing to do for our workers and our soldiers. Protecting our national security is important but it's just as important to protect our economic security here at home. I have worked hard with Chairman Hunter to mandate more accountability on the specialty metals used in all of the components used in DoD projects, ensure that all of the parts of DoD uniforms come from domestic sources, and require the Secretary of Defense to notify Congress in writing of the factors that would ever lead to a decision to waive the domestic sourcing requirement. I am hopeful that our colleagues in the other body will recognize the need to protect U.S. jobs and work with us through the conference process.
Mr. Speaker, it is a gross injustice and misfortune that it took the tragedy on September 11th, 2001 to focus the public eye on the need for a more robust defense budget. But I feel that the legislation in front of us today will help our troops accomplish their mission and the Rule that provides for its consideration is fair and effective. We are establishing a clear and strong course to rebuild our Nation's defenses. I urge my colleagues to send a message loud and clear to our soldiers, sailors, airmen and marines--that we will strongly support you and give you the resources necessary to perform the mission at hand. I urge my colleagues to vote in favor of the rule and in favor of H.R. 1588, the National Defense Authorization Bill for Fiscal Year 2004.
Mr. Speaker, I thank the gentlewoman for yielding me time. Let me say to all my colleagues, this is a great defense bill that is coming to the floor, and I hope everybody supports it. It does a lot…
Mr. Speaker, I thank the gentlewoman for yielding me time.
Let me say to all my colleagues, this is a great defense bill that is coming to the floor, and I hope everybody supports it. It does a lot of things for America's troops. They have just finished this extraordinary operation where they pushed up through Iraq in very dangerous circumstances, engaged in many conflicts at very close ranges and secured their objective and carried out their mission with extraordinary talent and capable and courage.
Now it is our turn. It is our turn to support the troops. It is our turn to provide the readiness capability. It is our turn to provide for modernization of old platforms, and it is our turn to not only fix what we need to win now but to look beyond the horizon and fix and create and produce what we are going to need tomorrow, and this bill does this.
It provides for many of the very important enablers. And I call enablers things like tankers, tanker aircraft, that allow us to maintain that aircraft bridge between the United States or a base that we have overseas and a potential point of conflict where we can keep aircraft going back and forth, whether those aircraft are cargo aircraft to supply the troops or strike aircraft that are putting rounds on target. And because of that we have got provisions in this bill to provide for tankers. We have a tanker fund that allows us to go forward on either a buy or a lease. We have got that provision in.
We have got provisions in for more of our airlift with C-17 aircraft, these great aircraft that are providing the centerpiece of our airlift today along with our older C-5s and our in-theater C-130s.
We worked on other so-called enablers. We have ramped up this stock of precision-guided munitions we need, those munitions that allow you to go in and hit one strut on a bridge and knock it down, instead of having to carpet bomb the entire bridge with hundreds of bombs. We have a so-called deep strike package that allows us to spend $100 million on a new system to replace these bomber aircraft that we are using today. And the newest B-52 was made in July of 1962, so it is more than 40 years old. We have 21 B-1s, and we now have a small batch of 21 B-2 aircraft, our stealth aircraft. We now have a very small fleet of B-1 aircraft, because we had pulled 23 B-1 aircraft out of the fleet because we could not
afford the spare parts to keep all of those aircraft running. We put those 23 aircraft back in the fleets, or as many of them that can be retrieved, and we provide for the spare parts and the sustainability to keep that part of our important deep strike fleet going.
We provide for the 4.1 pay increase. That is the average pay increase, and we do target parts of that to various aspects of the service where we need critical skills.
We do a good job with respect to housing for our troops, for our families. Today you do not just bring a troop, a uniformed person into the services. You bring a family into the services, and you have to provide for those families. We do that in this bill.
This bill has many good things; and our great subcommittee chairman and subcommittee ranking members and my colleague, the gentleman from Missouri (Mr. Skelton), my great partner who himself is home to the B-2 fleet in America, have done I think an excellent job on putting a great package together.
I want to speak to one aspect of this package that has been talked about a little this morning because people have said, are you killing the environment? Are you hurting the environment? Are you revamping the environment? The answer is no.
What we are doing is providing for freedom to train for our troops. What we have heard over the last many years now is that our bases around the country where these great troops that you saw in Iraq have an opportunity to train, whether they are hitting a beachhead or firing on a range or going through some type of amphibious warfare, those troops need to have places to train and those training grounds are becoming more and more constricted and more and more off-limits to our troops because of application, and I think wrongful application, of our environmental laws.
Let me show you a case in point.
This is a picture of the Marine base at Camp Pendleton in California. There is some 17 miles of beach here, and this is the beach on which the United States Marine Corps practices Iwo Jima. That is where they practice going ashore under heavy fire, where they know they will take substantial casualty for us, for freedom. And guess what we have done with our environmental laws? We have closed them out where they cannot practice.
This is a 17-mile beach. This is a base that is in excess of 100,000 acres. And I want to show my colleagues the various overlays, how the environmental applications have crept in and closed down more and more of this critical training base, and then I want to relate it to bases across this Nation.
Let us turn over to that first overlay. This is your 100,000-acre base. Here is the first overlay where training is now locked out. It is called the estuarine sanctuary. So training is locked out at Camp Pendleton. No Marines can go inside that estuarine sanctuary.
Now we have another restriction. These are the gnatcatcher restrictions. We found a small bird that is considered to be endangered; and because of that these huge areas and, remember, this is a 100,000-plus acre base, these huge areas are now restricted.
Now we have another restriction at Camp Pendleton. Let us turn the third page over. This is the rare plants restriction. It looks to me approximately another 10, 20,000 acres are now restricted from training activity.
Let us turn the next page. These are the riparian areas and the vernal pools which are now also restrictions.
So my point is, the United States Marines came in and talked to the Committee on Armed Services and they said, we used to try to work around these restrictions when we had just a couple of them. Now we can no longer work around them. And, incidentally, there is a lawsuit pending right now and there is an injunction in place for the Marines being able to practice amphibious operations on the vast majority of this beach that we put in place to allow them to practice Iwo Jima for the United States of America. So we have to do something.
So what did we do? Did we do something radical? No, we did not do anything radical. We simply said we want to balance conservation requirements and training requirements.
So what we are going to do is put together a process. It is called an inramp, which is a fancy term for saying if the Fish and Wildlife Department of the United States makes an agreement with the U.S. Marine Corps or the U.S. Navy or the U.S. Army or the U.S. Air Force and they also make an agreement with State Fish and Wildlife in the State, so if it is California, New Jersey, New York or whatever, everybody gets together and you take an area and you make a decision that allows you to balance these two important priorities, conservation and training, and you say, for example, we will allow the rifle range to be here. We will allow the gnatcatcher environment to be here. And maybe if the gnatcatchers migrate in the fall and they leave this area, we will let you have training in this area until they come back. It allows you to make a flexibility adjustment that takes care of both priorities, both conservation of endangered species and training.
Once Fish and Wildlife and State Fish and Game and the military makes this agreement, you cannot come on in after the agreement is made and place another critical habitat over the top of it and paralyze the training operation. That is what we do.
I think it is a very reasonable thing. This was passed first out of Resources with a bipartisan vote, and we passed it in the Committee on Armed Services. And the final vote on the Committee on Armed Services, I might add, when all the smoke cleared and all the dust settled and we had our final vote, I want to thank my ranking member from Missouri for his great leadership here, we had a vote of 58 to 2 in favor of this bill.
So this bill has really good stuff in it for the United States of America, and it balances some very important competing interests the American people have. I do not think any American, if you stopped them on the street and you went over this diagram of how training has been cut back further and further and further, at places like Camp Pendleton, where those Marines that went up the An Nasiriya Corridor trained, I do not think any American would disagree with the idea that you get together Fish and Wildlife and the Marine Corps, you make an arrangement, you set some land aside for the birds, set some land aside for the Marines, and let them both go through their operations.
So I want to thank the gentlewoman for letting me get up and explain this important aspect of the defense bill; and let me urge all Members, Republican and Democrat, to vote for this bill.
Mr. Speaker, will the gentleman yield?
Mr. Speaker, the gentleman's understanding is correct.
Let me just say to my good colleague and the chairman of the Committee on Energy and Commerce and a guy who has a great dedication to the Armed Forces, we appreciate all his support and all of the hard work that his committee has done in this area. He has my assurance that we will work with him as this bill walks down through the process.
Mr. Speaker, I yield myself such time as I may consume. (Mr. Frost asked and was given permission to revise and extend his remarks.) Mr. Speaker, when it comes to supporting America's troops, there…
Mr. Speaker, I yield myself such time as I may consume.
(Mr. Frost asked and was given permission to revise and extend his remarks.)
Mr. Speaker, when it comes to supporting America's troops, there is no partisan divide in this Congress. Democrats and Republicans join together in saluting the soldiers, sailors, airmen, and Marines who serve America. More importantly, we work to provide them with the resources they need to do their jobs that we have asked them to do. So every year, Democrats and Republicans work very hard to put together a defense authorization bill that is as bipartisan as it is robust.
There is much to be proud of in this bill. Its core is a bipartisan product that provides more for national defense than the President requested and more than this Republican Congress approved in its budget. As always, the gentleman from Missouri (Mr. Skelton), the ranking member of the Committee on Armed Services, deserves a lot of credit. He remains an unwavering advocate for the men and women in uniform who put their lives on the line every day to defend the United States.
As a longstanding supporter of the U.S. military, I am especially pleased by the success of Democrats' efforts to include substantial quality-of-life improvements for America's men and women in uniform and their families.
Specifically, this bill includes a 4.1 percent increase in basic pay for all members of the Armed Forces, plus targeted increases for midgrade and senior noncommissioned officers and select warrant officers to enhance retention. It also builds on our efforts to support the National Guard and the Reserves, who bear more and more of the burden of defending America at home and abroad.
For instance, it ensures is that when they serve in areas where those on active duty get hazardous duty pay, they will also.
Mr. Speaker, I want to particularly thank the Committee on Armed Services for including in this bill my legislation to make life easier for the National Guard and Reserves, both active duty and retirees, and their families by allowing them unlimited access to commissaries. They and their families are making great sacrifices for this Nation, and they deserve our support.
Additionally, this bill continues to invest in the wide range of weapons that ensure America's military superiority throughout the world. It includes $4.4 billion for the F-35 Joint Strike Fighter, the next generation multi-role fighter of the future for the Air Force, the Navy and Marines. It includes $4.3
billion for the F-22 Raptor aircraft, the high-technology air dominance fighter for the Air Force. It also includes over $1.6 billion for the V-22 Osprey aircraft.
Mr. Speaker, all of these important, pro-defense provisions have strong bipartisan support. They reflect the long-standing commitment of Democrats and Republicans to work together to ensure that the U.S. military has the resources it needs.
Unfortunately, several provisions of this bill are neither bipartisan nor necessary to maintain the strength of the U.S. military. Indeed, some are nothing more than extremist, right-wing ideology piggy-backed on an otherwise bipartisan bill.
For instance, does anyone really believe that national security requires that we gut environmental protections? Of course not.
But rolling back America's environmental protections is practically the Holy Grail of the Republican party. So Republicans stuck into this bill provisions that attack the Endangered Species Act and Marine Mammal Protection Act.
Similarly, Republicans are trying to use this bill to weaken the workplace protections of the patriotic men and women employed by the Pentagon. They even defeated a Democratic attempt to preserve the current rules prohibiting patronage at the Pentagon.
Mr. Speaker, these anti-environmental riders and attacks on the men and women who work at the Pentagon are not about supporting the military. There are about supporting the Republican party idealogy, and they have no business in a bipartisan bill to provide for the men and women of the United States Armed Forces.
So Democrats have filed amendments with the Committee on Rules to free this bipartisan bill of these partisan riders. Unfortunately, Mr. Speaker, the House Republican leadership has chosen to make ideology of such paramount importance that they have shut out two of the most important Democratic amendments.
First, the Republican ideologues have denied the House the opportunity to even consider the amendment offered by the ranking members of the Committee on Resources and the Committee on Energy and Commerce. The Rahall-Dingell amendment is a common-sense and reasonable alternative to the anti-environmental language reported by the Committee on Resources and incorporated in the Committee on Armed Services bill relating to the Endangered Species Act and the Marine Mammal Protection Act. This rule instead makes in order an amendment offered by the chairman of the Committee on Armed Services. It claims to fix the most egregious provisions in the Committee on Resources bill.
The fact that the Republican leadership has chosen to shut out Democrats in this manner gives many Members on this side of the aisle more than ample reason to oppose this rule.
Now the chairman of the Committee on Rules said last night that it was still possible for additional amendments to be considered for inclusion in the second rule on this bill to be considered by the committee later today. But I doubt any Members will be holding their breath.
The fact is, the Republican leadership would have done well to give this House the opportunity to have a vote on the Rahall-Dingell substitute, rather than risking losing this rule by shutting out so many reasonable Democrats who support the bill.
Additionally, the House Republican leadership has chosen to tell the second ranking Democrat on the Committee on Armed Services, the gentleman from South Carolina (Mr. Spratt), a Member who has extensive expertise in the issue of nuclear threat reduction, that his amendment is just too hot to handle. The Spratt amendment sought to restore the President's requests for Cooperative Threat Reduction programs. That is the President's request that he sought to restore. Yet the Republican leadership has refused to make this amendment in order, in spite of the fact that President Bush asked for this money.
Again, the chairman of the Committee on Rules told me last night that it might be possible to consider including the Spratt amendment in the second rule, but, again, Members will not be holding their breath.
Such arrogance practically begs pro-defense Members on this side of the aisle to oppose this rule, and it ought to give plenty of reason to oppose this rule to Republican Members who value fair play and institutional integrity or President Bush's national security priorities.
Mr. Speaker, serious Members on both sides of the aisle have filed many other substantive amendments. But after seeing so many significant amendments blocked in this first rule, what do they have to look forward to in the second rule? Will they be shut out again just as their colleagues have today?
I, for instance, have submitted three important amendments that address defense issues I have pursued for some time: helping immigrant soldiers earn U.S. citizenship, providing tuition refunds to reservists called to active duty, and tax fairness for civilian Defense Department employees serving in combat zones.
Mr. Speaker, I have repeatedly urged the Republican leadership to honor the long-standing tradition of allowing full consideration of substantive amendments like these on the defense authorization bill. That cooperative approach is fundamental to our efforts to keep partisan politics from polluting the Armed Forces bill and, in fact, has been followed in previous Congresses, both when the Democrats were in charge and even when the Republicans have been in charge. But this first rule has abandoned that cooperation.
For that reason, I urge Members to vote no on this rule so the Committee on Rules can go back upstairs and start this process over. Maybe on the second try the Republican leaders will allow us to get it right.
Mr. Speaker, I reserve the balance of my time.
Yes, I do. Mr. Speaker, I yield 3 minutes to the distinguished gentleman from Maryland (Mr. Hoyer), our minority whip. It looks like you have plenty of time. I just have a question that requires a…
Yes, I do.
Mr. Speaker, I yield 3 minutes to the distinguished gentleman from Maryland (Mr. Hoyer), our minority whip.
It looks like you have plenty of time.
I just have a question that requires a one-word answer.
Unfortunately, we have a lot of people who are outraged by this unfair rule.
Mr. Speaker, I yield 4 minutes to the distinguished gentleman from Missouri (Mr. Skelton), the ranking member on the Committee on Armed Services.
Mr. Speaker, I yield 2 minutes to the gentleman from Michigan (Mr. Dingell), the dean of our House, who it appears was shut out of the process by the Committee on Rules last night.
(Mr. DINGELL asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 4 minutes to the gentleman from West Virginia (Mr. Rahall).
Mr. Speaker, I yield 2 minutes to the gentleman from South Carolina (Mr. Spratt).
(Mr. SPRATT asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself 2 minutes.
Mr. Speaker, this is a very important bill that we are debating here today. Every Member of this body deserves to be heard. In the Committee on Rules yesterday, I urged that we have a free and open debate and that at a minimum on important issues like the environmental rollbacks and our worker protections and rights and our nuclear weapons that we have an opportunity to deliberate and offer amendments. Instead, the Republican leadership appears to be shutting the door on an open debate and it appears has denied outright amendments from distinguished Members like the gentleman from South Carolina (Mr. Spratt), the gentleman from Michigan (Mr. Dingell) and the gentleman from West Virginia (Mr. Rahall).
The majority has an opportunity to try to repair some of the damage, and they can start with the Cooper/Van Hollen amendment. There are almost 700,000 civilian employees at the Department of Defense who serve this country proudly and patriotically. But with the stroke of a pen this bill will strip them of their most basic rights and protections.
This is a dangerous door that we are opening. We are clearing the way to allowing political and personal favoritism to enter our civilian workforce, which is precisely what our Civil Service system is designed to prevent. This is wrong.
I am sick and tired of those on the other side of the aisle messing around with the lives of American workers. The Republican leadership's arrogance and insensitivity to working Americans is astonishing. The Cooper/Van Hollen amendment would fix these offensive provisions and would reinstate the most basic worker rights and protections. We do not want our civil servants to look like some corrupt Third World dictatorship.
Chairman Dreier last night declared that he would prefer that the Democrats offer a different amendment. Well, that is not how this process is supposed to work. If Chairman Dreier believes so strongly in a different amendment, then he should go and offer it. But the gentleman from Tennessee (Mr. Cooper) and the gentleman from Maryland (Mr. Van Hollen) followed the procedures set by the Committee on Rules. They have a good amendment, and it deserves a vote up or down.
We are sick and tired of being shut out of this debate in this House. The minority has rights, and we expect the Republican leadership to honor them. The Committee on Rules could do the right thing when it meets later today by making the Cooper/Van Hollen amendment in order for tomorrow's debate.
This is not a trivial matter. This is an amendment on one of the most significant provisions in the defense bill. Anyone who wants to vote against it can vote against it, but it deserves genuine debate. We deserve to have our voices heard, and we deserve a vote on this amendment.
Mr. Speaker, I yield 1 minute to the gentleman from Washington (Mr. Inslee).
(Mr. INSLEE asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1 minute to the gentleman from Ohio (Mr. Kucinich).
Mr. Speaker, I yield 1 minute to the gentleman from New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I will call for a vote on the previous question, and I am going to urge Members to vote ``no'' on the previous question. If the previous question is defeated, I will offer an amendment to the rule that will make in order the Rahall/Dingell amendment that was offered in the Committee on Rules last night and defeated on a straight party line vote.
Mr. Speaker, I am absolutely amazed that today the Republican leadership is throwing away the long-standing tradition of bipartisan cooperation in shaping our national defense policies. It is a very sad day indeed when something as important as defending our Nation takes a back seat to partisan politics. In fact, it is more than a sad day. It is shameful, and it is wrong.
This bill is supposed to be about protecting our Nation and providing the very best policies and tools to help our brave servicemen and women defend this great land. Instead, it is a vehicle for fulfilling ideological agendas, agendas that have no place in this critical debate.
I urge every Member of this House to vote ``no'' on the previous question. This vote is a matter of fair play. Whether or not a Member supports the Rahall/Dingell substitute, Members of this body should support the right of other Members to be heard. There is no rational reason why any Member of this body should be denied the right to register his or her opinion on the alternative position advocated by the gentleman from West Virginia (Mr. Rahall) and the gentleman from Michigan (Mr. Dingell) and many, many, many Members of this body.
I want to point out that a ``no'' vote will not stop the House taking up the Department of Defense authorization. However, voting ``yes'' is a vote to shut out alternative points of view, a point of view that happens to represent the views of millions of Americans. I stand firmly in my belief that ensuring a strong national defense is one of the most important duties I have as a Member of Congress. But I also stand firmly in my belief that the United States House of Representatives is supposed to be a representative body. It is not supposed to be an institution where the minority rights get shut out. Join with me to bring back some democracy in this institution by allowing the House to debate and vote on the Rahall/Dingell substitute.
Mr. Speaker, I ask unanimous consent to insert the text of the amendment and extraneous materials immediately prior to the vote on the previous question. Again, vote ``no'' on the previous question.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.
Mr. Speaker, I demand a recorded vote.
Mr. Speaker, I thank the gentleman from Georgia (Mr. Burns) for putting together this legislation which actually is extremely important. I know I have seen in my own practice as a psychologist the…
Mr. Speaker, I thank the gentleman from Georgia (Mr. Burns) for putting together this legislation which actually is extremely important. I know I have seen in my own practice as a psychologist the importance of helping to make sure that children get to the right professionals and that there is not coercion or threat that goes to the families.
I want to take a few moments, first of all, to lay out with regard to this bill the issues involved with attention deficit hyperactivity disorder, an often misunderstood and often maligned diagnosis that because of that lends itself to prejudicial comments as certainly the gentleman from Rhode Island (Mr. Kennedy) was also alluding to. Attention deficit disorder has a number of diagnostic criteria which are laid out in what is called the ``Diagnostic and Statistical Manual.'' They include categories of inattention, hyperactivity and impulsiveness. Because psychiatric and psychological symptoms are described in behavioral terms they oftentimes seem vague and only behavioral. For example, under the inattention category, it might mean a person who fails to give close attention to details or has difficulty sustaining attention in tasks or often does not seem to listen when spoken to directly or does not follow through on instructions to finish school work, et cetera; often has difficulty organizing tasks and activities or avoids or is reluctant to engage in tasks that require sustained mental effort.
When one just hears some of those symptoms, one may think that those could cover a wide range of behaviors that may not necessarily reach a diagnosis that requires medication, and there is something to that. That is why it is so very important when there is a concern raised about a child's symptom picture perhaps fitting the diagnosis of attention deficit disorder that that child be thoroughly evaluated by perhaps a team of professionals psychiatrists, psychologists, people who are trained to do this, but not simply referred on the basis of this child is difficult in the classroom.
And let me lay out why. In terms of attention behaviors, we look upon this as a primary, secondary, and tertiary diagnosis. A primary attention deficit disorder is one where a child actually has the symptom pictures of attention disorder related to the biological and in some cases some inherited factors for that, but it is pretty clearly in that category. They meet the diagnostic criteria.
Secondary attention deficit disorder is when the child may have the same problems with concentration and attention and getting their work done, but it is secondary to some other problems. For example, a child may have an anxiety disorder. They may be suffering from depression. They may have sensory problems. I have known children who were referred to me for attention disorder only to find out they needed glasses or they had a subtle hearing loss. They may be having social problems, cultural problems, as they are moving from one school district to another and have a great deal of difficulty. They may have speech and communication problems where they have trouble understanding the teacher. And yet those children's symptom picture can look similar. They are not paying attention, not concentrating, they are not getting their work done, they are agitated and hyperactive. It is important that those other problems are diagnosed clearly and those are treated and those are not the children who should be given medication.
A third type is a tertiary problem, and this is not the problem with the child so much as it is a problem with expectations. That is, people may expect a pre-school child to sit still. People may expect a teenager to concentrate and not daydream. We know anybody with any rudimentary knowledge of having children knows that those are not realistic expectations, and yet there are those sometimes who feel that children who are out of sync with their expectations will somehow require medication, and that is inappropriate.
These diagnostic criteria, I should also add, in the testimony that was given to the Committee on Education and the Workforce, there were some who raised the question of whether or not this was biological. I draw some attention to some research that was done, I believe, in 1990 where they did Positron Emission Tomography. That is, they could look at the activity in the brains of people who were identified with attention disorder and those who were not and found in those who had a diagnosis of attention disorder, their brain activity was somewhat lower.
That is not to mean that they had brain damage. It simply meant by looking at levels of brain activity, they found that those parts of the brain that generally control impulses and thought, that is, the frontal lobe, et cetera, were not as active as those in people who did not have attention disorder. That lent a great deal to the science of understanding attention disorder because all along before that we thought that the brains were overstimulated and it may actually be they were undercontrolled in some regions.
This of course also lends credence to why sometimes one may use medication. The medications used, such as Ritalin or Adderall or Dexedrine, are stimulant medications; and we for many years wondered about this paradoxical effect of why would you give a stimulant medication to actually slow someone down. And the point is that it appears to stimulate those portions of the brain. Basically, sometimes a layman can understand that if they feel tired and groggy and overwhelmed and they are having trouble staying alert and staying focused, sometimes a person, as they are driving down the road, will be overactive.
But the point is this: What I am trying to lay out here is the complexity of this.
Let me end with this one anecdote. When I was practicing as a psychologist, I received a call to evaluate a child, and did so. Then, calling back to the school district, said this child does not appear to have primary attention disorder. I think there were some other issues here, but not that.
I was told then by the referring source in the school district, put this child on Ritalin, or we will never refer another child to your practice again. I challenged that person on that immediately and said I need to go by what I believe an appropriate diagnostic criteria is and suggested they withdraw that threat.
But that is the very reason why we need legislation like this, to say this is not something that should be done to control children. This should be something that is done to help do the best thing in the child's best interest with the best people involved using the appropriate diagnostic criteria.
This is a positive thing for children and ultimately a positive thing for families, and I certainly implore my colleagues vote yes on this bill.
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Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1170) to protect children and their parents from being coerced into administering psychotropic medication in order to attend school,…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1170) to protect children and their parents from being coerced into administering psychotropic medication in order to attend school, and for other purposes, as amended.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 1170.
Mr. Speaker, I yield myself such time as I may consume.
Today we are considering H.R. 1170, the Child Medication Safety Act, which will prevent school personnel from requiring a child to obtain a prescription for a controlled substance in order to remain in the classroom. I would first like to thank Chairman Boehner and Speaker Hastert for their support of this legislation and Subcommittee Chairman Castle for conducting an important hearing on this bipartisan bill.
In recent decades there has been a growing number of children diagnosed with attention deficit disorder and attention deficit hyperactivity disorder and then treated with medications such as Ritalin and Adderall. When a licensed medical professional properly diagnoses a child as needing these drugs, the administration of the drugs may be entirely appropriate and very beneficial. While these medications can be helpful, they also have the potential for serious harm and abuse, especially for children who do not need these medications. In many instances, school personnel freely offer diagnosis for ADD and ADHD disorders and urge parents to obtain drug treatment for the child.
Sometimes officials even attempt to force parents into choosing between medicating their child and remaining in the classroom. This is unconscionable. School personnel may have good intentions, but parents should never be required to decide between their child's education and keeping them off potentially harmful drugs. School personnel
should never presume to know the medication needs of a child. Only medical doctors have the authority to determine if a prescription for a medication is physically appropriate.
The bill before us today, the Child Medication Safety Act of 2003, is straightforward, sensible legislation that aims to remedy this problem facing parents across the Nation. It requires States to establish policies and procedures prohibiting school personnel from requiring a child to take medication in order to attend school. This bill has been carefully crafted to preserve communication between the school personnel and the parent, but it also protects parents from being coerced into placing their child on a drug in order to receive educational services. Parents would no longer be forced into making decisions about their child's health under duress from school officials.
The language as amended in committee makes some important clarifications to the bill. While the bill as introduced only included drugs listed in schedule II of the Controlled Substances Act, we learned that there are replacement drugs for Ritalin and Adderall in other schedules. For this reason and to answer concerns among the mental health community, the list of covered drugs was expanded to cover those listed in all five schedules of the Controlled Substances Act.
The bill before the House today also includes an important clarification to ensure that parents and teachers are able to have an open dialogue about any academic or behavior-related needs of the child. This legislation is intended only to prevent school personnel from requiring children to be medicated. It is not intended to stifle appropriate dialogue between parents and teachers. Teachers spend so much time with the students and observe a wide variety of situations and parents often ask their child's teachers to share their observations about their child's behavior in school. We certainly do not want to infringe on these important conversations. The Child Medication Safety Act of 2003 makes clear that appropriate conversations can still take place. This is an important change that was brought to my attention by a number of my colleagues, and I would like to particularly thank the gentleman from Rhode Island (Mr. Kennedy), the gentlewoman from California (Mrs. Davis), and the gentlewoman from California (Ms. Woolsey) for their help in this area.
This bill is not antischool, antiteacher, or antimedication. This bill is pro-children and pro-parent. The Child Medication Safety Act of 2003 is essential to protecting both parents and children. I urge my colleagues to support this bill that restores power to the parents.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from South Carolina (Mr. Wilson), a member of the committee.
Mr. Speaker, I yield 6 minutes to the distinguished gentleman from Pennsylvania (Mr. Murphy), a professional in the health care field.
Mr. Speaker, I yield 2 minutes to the gentleman from Georgia (Mr. Norwood).
Mr. Speaker, I yield myself such time as I may consume.
I would like to thank my colleagues on the other side of the aisle for working closely with us on this bill. I appreciate the gentleman from California (Mr. George Miller), the gentlewoman from California (Ms. Woolsey), and the gentlewoman from California (Mrs. Davis), in particular, for their contributions to this important legislation.
I also would like to thank the Speaker of the House, the gentleman from Illinois (Mr. Hastert), for his support and guidance in this effort and also the leadership as we sought to bring this bill to the floor this day.
This is a straightforward, sensible bill. It just makes common sense. It is a bipartisan bill that has been worked out to ensure the appropriate and effective protection of our children. This bill protects children. It puts the power back in the hands of the parents so they can make an informed choice in the best interests of their family. It ensures that teachers and administrators are involved in the decision process, actively involved in the child's development.
In conversations with the National Association of Education, they in their review saw no problems and are supportive of this legislation.
The most important thing about this bill is it protects children and it keeps them from being inappropriately medicated. This bill is not antischool or antiteacher; it is not antimedication. There are appropriate and reasonable ways in which we should use medication in the best interests of our children. But this bill is prochild, it is prohealth, it is proparents. It ensures that America's children are protected.
Mr. Speaker, this is good legislation, it is reasonable legislation, and it is legislation that is good for America. I urge my colleagues to support H.R. 1170.
Mr. Speaker, on that I demand the yeas and nays.
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 245 and ask for its immediate consideration. Mr. Speaker, for purposes of debate only, I yield the customary 30 minutes…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 245 and ask for its immediate consideration.
Mr. Speaker, for purposes of debate only, I yield the customary 30 minutes to the gentleman
from Texas (Mr. Frost), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for purposes of debate only.
Mr. Speaker, the Committee on Rules met and granted a structured rule for H.R. 1588, the National Defense Authorization Act for Fiscal Year 2004. The rule provides for 2 hours of general debate, equally divided between the chairman and ranking minority member of the Committee on Armed Services. It waives all points of order against consideration of the bill.
Finally, it allows that the chairman of the Committee of the Whole may recognize for consideration of any amendment printed in the report of the Committee on Rules out of the order printed, but not sooner than 1 hour after the chairman of the Committee on Armed Services or a designee announces from the floor a request to that effect.
This is a fair rule, it is the traditional structured rule for defense authorization, and it provides for a debate on a number of pertinent issues, including nuclear policy, border security, and an assessment of NATO headquarters in Brussels, Belgium.
H.R. 1588 is a good bill. It firmly shows our commitment to restoring the strength of our Nation's military. The Committee on Armed Services has recommended $400.5 billion be authorized for the Department of Defense and the national security programs of the Department of Energy in fiscal year 2004.
I commend President Bush, Secretary of Defense Rumsfeld, and our military leaders for taking the fight to those who would do us harm. We stand committed to provide the resources to ensure our continued success.
The Iraqi conflict and our continuing war on terrorism have brought a renewed and proper focus on national defense. We owe much to our men and women in uniform. Their success in Iraq and Afghanistan is a testament to their bravery, training and equipment, and their commitment to defend our freedom.
With U.S. military personnel risking their lives on the front lines of the war on terrorism, H.R. 1588 is more than just a signal to our soldiers, sailors, airmen, and Marines that this Nation recognizes their sacrifices. It is the means by which we make our commitment to providing them a decent quality of life by providing an across-the- board 4.1 percent pay increase for military personnel, so as to sustain the commitment and professionalism of America's all-volunteer Armed Forces, and the families that support them.
Even before Operation Iraqi Freedom, the global war on terrorism and the commitment to homeland security, the Armed Forces had insufficient manpower for existing wartime and peacetime requirements. A lesson learned is that with the likelihood of the open-ended, long-term manpower requirements of stabilizing Iraq and the continuing war on terrorism, it is now crucial to begin addressing existing shortfalls.
I commend my colleagues, the gentleman from California (Chairman Hunter), and the ranking member, the gentleman from Missouri (Mr. Skelton), for crafting this legislation that will strengthen America's military.
Today, our forces must be able to respond quickly to rapidly changing threats. As such, nothing could be more important to our military than its current state of readiness. The pace of current operations has placed huge demands on personnel and equipment already suffering from a decade of underfunding. This legislation reduces non-warfighting spending and puts the money where it is of best use, training for our service members, maintenance of equipment, and support for the cost of operations.
I am pleased that H.R. 1588 authorizes $35.2 million for 39 Knight family systems to the Army National Guard. The Knight system is a high mobility multipurpose wheeled vehicle-mounted system which incorporates a Bradley fire support vehicle mission equipment package of a laser rangefinder, thermal sight, hand-held computer and global positioning systems. It is used to locate targets for laser-guided munitions.
As the Department of Defense increases the use of precision-guided munitions in combat, this money will help North Carolina's 30th Heavy Separate Brigade Armor use the Knight system to locate targets in support of these munitions.
H.R. 1588 makes the preparation and modernization of our National Guard a top priority.
I also want to commend my colleague, the gentleman from North Carolina (Mr. Hayes), for his work on strengthening the ``Buy American'' provisions included in this bill. His language will ensure that all of the components of DOD uniforms come from American companies. The language specifically works to more adequately cover domestic textile and leather industries.
However, there is one amendment the Committee on Rules made in order that I strongly oppose personally, the Sanchez amendment. It would allow abortions on our military bases overseas. Military treatment centers, which are dedicated to nurturing and healing, should not be forced to facilitate the taking of the most innocent human life, the child in the womb.
For the past 6 years, the House has voted to keep abortion-on-demand out of military facilities, and I urge my colleagues to stay on this course and vote against this amendment.
That said, this is a fair rule. So let us pass the rule and pass the underlying defense authorization bill. At the end of the day, we will be making our homeland safer, supporting our sons and daughters serving in the military, and preparing for war, thereby ensuring victory. At this crucial time in our history, this bill is most important.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield such time as he may consume to the gentleman from California (Mr. Hunter), the distinguished chairman of the Committee on Armed Services.
Mr. Speaker, I yield such time as he may consume to the gentleman from California (Mr. Dreier), the distinguished chairman of the Committee on Rules.
(Mr. DREIER asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 3 minutes to the gentleman from North Carolina (Mr. Hayes), my neighbor and a member of the Committee on Armed Services.
(Mr. HAYES asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1 minute to the gentleman from Illinois (Mr. Kirk).
Mr. Speaker, I yield such time as he may consume to the gentleman from Louisiana (Mr. Tauzin) for the purpose of a colloquy.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
Mr. Speaker, I rise in strong support of this rule, and I really am somewhat perplexed to hear all of the criticism of our attempts to be bipartisan on this legislation. Someone's been shut out in…
Mr. Speaker, I rise in strong support of this rule, and I really am somewhat perplexed to hear all of the criticism of our attempts to be bipartisan on this legislation. Someone's been shut out in this process? Let me explain this rule to our colleagues, Mr. Speaker.
It is a rule which makes in order 2 hours of general debate, and it makes in order nine amendments for consideration that had been submitted to the Committee on Rules by the deadline we stated. But let me tell my colleagues what happened last night in the Committee on Rules. In our quest to try to have as many proposals as possible considered, what happened? It is the first time that I can remember, in this number, that this has taken place.
Three proposals were offered by our Democratic colleagues to actually knock out consideration of amendments that are made in order under this rule; meaning that while we were trying to provide an option of debate and then an up-or-down vote so we could in a bipartisan way address these issues, the Democrats were trying to shut out Members from having the opportunity to offer amendments. Now, I do not want to say it is unprecedented, but I do not recall it happening on three occasions as it did last night.
This should be, Mr. Speaker, a totally noncontroversial rule, because it is the same process that we have gone through. What we have done, Mr. Speaker, is we have said that we want to go with the two-rule procedure, which the Democrats did regularly and which we Republicans have done regularly in consideration of this massive Department of Defense authorization bill.
The great chairman of the Committee on Armed Services, the gentleman from California (Mr. Hunter), was here and he has talked about the fact that this is a $400 billion measure. As was said so well by my friend, the minority whip, the gentleman from Maryland (Mr. Hoyer), I agree with the fact that on an issue as important as our national security we should proceed in a bipartisan way, and we want to do that.
Now, we know that one of the issues of concern, and that has gotten a great deal of attention, is the environmental question. That was raised by the gentleman from California (Mr. Hunter) when he made his presentation from the well. And I want to say that we have been sensitive to that. I happen to believe that the provision that is made in order under what will be tantamount to a manager's amendment offered by the gentleman from California (Mr. Hunter) does in fact move towards addressing some of the concerns that have been raised by the members of the minority.
I will acknowledge that there are some who would like to do more. But we happen to believe that the step that is taken by addressing the issues that were raised by our colleague, the gentleman from Colorado (Mr. Hefley), will in fact be able to be effectively addressed.
I yield to the gentleman from Maryland.
I think I may have heard it before.
Reclaiming my time, Mr. Speaker, the Committee on Rules has not said that. The Committee on Rules acted on one of two rules last night when we passed out this rule granting 2 hours of general debate and allowing for the consideration of nine amendments, which we hope to proceed with in just a few minutes.
We will be meeting sometime mid-afternoon for consideration of a second rule which will allow for consideration of other amendments when we proceed with this tomorrow. So I think that it is really incorrect for anyone to conclude that all of the action on the Department of Defense authorization rule has in fact been completed. It has not been completed.
But I want to say that the issue of the environment is one that is very important to me as a Californian. It is one that is very important, I believe, to a broad cross-section of the membership of this House, Democrats and Republicans. We also know that there have been requests made by this administration to deal with the situation that was outlined so well by the chairman of the Committee on Armed Services, where in fact we may be jeopardizing the lives of our men and women in uniform if we do not take some action.
So I understand this is going to be debated. This will be discussed. There is no doubt about the fact that this will be a topic of discussion when the amendment of the gentleman from California (Mr. Hunter) comes up, and this will be a topic of discussion as we consider this rule as it is right now, as well as the second rule which we plan to report out tomorrow.
Let me just say that this should be a noncontroversial rule, and I do not want to foreclose the opportunity to consider any proposals that were submitted to the Committee on Rules. We will, in fact, have an opportunity to do that this afternoon, and then tomorrow we will debate a second rule that will allow for further consideration.
Well, Mr. Speaker, I would be happy to yield further, but I do not know how we stand time-wise. We are using up our time here.
Excuse me. I think it is wonderful for the gentleman from Massachusetts to come to that conclusion, but let me just suggest we do this. I will yield back my time now to my friend, and I am happy to stand here and field questions from the minority on their time.
Mr. Speaker, the gentleman does not wish to yield to me?
We have a lot of people who wish to speak on this issue as well.
Mr. Speaker, I thank the gentlewoman for yielding me time. Mr. Speaker, I rise today to oppose H.R. 1170 on very simple grounds: It is a solution without a problem. The bill is based on the…
Mr. Speaker, I thank the gentlewoman for yielding me time.
Mr. Speaker, I rise today to oppose H.R. 1170 on very simple grounds: It is a solution without a problem. The bill is based on the assumption that a substantial number of educators require students to take medication in order to attend school.
At a hearing 2 weeks ago, I asked all of the witnesses if they had any statistical evidence of the frequency with which this happens. Mr. Speaker, not a single one did. All they offered were anecdotes, often anonymous ones. I believe it is irresponsible to rush to legislative judgment without facts; and, indeed, I am requesting that the Government Accounting Office report, based on its ongoing research, whether there are verified instances of this being a cause for due process hearings.
Let us be clear: If parents believe that a school has pressured them to seek a medical evaluation for their child due to the child's behavior, and if a physician evaluates the child and prescribes appropriate medication, and if the parent nonetheless does not want to give the medication to the child, there may be a conflict about the child's placement in a regular classroom. Should that happen, the parent has clear due process rights to seek an evaluation through the special education process whether or not the child will ultimately qualify for special education services. If the parent is dissatisfied with those results, an appeal to a due process hearing officer is available.
Please note: Teachers educate. They cannot medicate; and physicians, as we know, must do that.
What happens in real life if a parent is unhappy with a school's placement of their child? As a former school board member, I can tell you that they pick up the phone and they call their school board representative. And that is exactly what they should do. Where a problem may indeed exist, the problem needs to be addressed specifically with the involved personnel and known circumstances.
Are there bad apples in the world of education who may have put inappropriate pressure on a parent to seek a pharmaceutical solution to a behavior problem? Well, yes, there possibly are. Bad apples do exist. But if we think of every one of tens of thousands of schools in our country as having a barrel of apples, the teachers of our children, is it fair to castigate all of those barrels of apples as being rotten because across the country there is one bad apple in a barrel here or there? I think we discredit the tens of thousands of wonderful teachers in our country when we legislate based on this false assumption.
But I want to thank, Mr. Speaker, the gentleman from Georgia (Mr. Burns) for having accepted changes to his original bill that mitigate the most alarming issue contained in the original language. He has accepted a provision that clearly states that it is the right and responsibility of teachers to counsel parents about the educational, physical and emotional attributes of their child as compared to the norm of children and to recommend professional evaluation, if warranted.
If a child is having trouble seeing the blackboard, the teacher must advise the parent to seek professional help. Teachers cannot prescribe glasses, but they certainly must identify the need. It is the same if a child with diabetes or asthma is having trouble regulating the medications he takes, and this affects the child's ability to learn. It is the same if the child's mental health needs require evaluation so that that child and the class can function beneficially.
The reason that this section is so important is that it appeared that the measure as originally proposed had provided an opportunity for groups who openly oppose all mental health evaluation to seek to affect the teacher-parent counseling relationship by chilling the teacher's right to speak of these matters to parents.
While the measure before us today contains some mitigating language, what is so alarming is that when the Individuals with Disabilities in Education Act came before the committee, this bill's original language was offered without notification and was voice-voted without the benefit of hearings or study. It is thus part of the House-passed IDEA bill; and it is critical that, should that language be included in the conference bill, that the mitigating paragraph contained in today's separate bill be included in that language as well.
Although today's bill has been improved, I would still ask Members as legislators to consider the process of this legislation. I believe that legislation should be based on the documented existence of a problem, not on hearsay and innuendo; and I believe that all of the wonderful, caring teachers in our country should be celebrated for their compassion for children's needs and not tarnished by the stated assumption of this measure.
Mr. Speaker, I yield myself such time as I may consume. When I asked the Marin County superintendent of public schools what she thought about H.R. 1170, she replied that it was a bill that would…
Mr. Speaker, I yield myself such time as I may consume.
When I asked the Marin County superintendent of public schools what she thought about H.R. 1170, she replied that it was a bill that would affect the many to solve the possible problem of just a few, and I think that describes it perfectly. Of course no one wants a school to force parents to medicate their children. In fact, we would not stand for that. But neither do we want teachers and other school personnel to be afraid to talk to parents about children's behavior or to suggest that a child should be evaluated by a medical health practitioner. That is why we worked with the gentleman from Georgia (Mr. Burns) to add a provision to H.R. 1170 that specifically protects a teacher's right to have these discussions with parents and to identify a child for evaluation just as they can do now under IDEA. While I do think this bill creates more paperwork than good public policy, I do understand the gentleman from Georgia's (Mr. Burns) intentions, and I appreciate his willingness to work with us.
This bill was unanimously voted out of the Committee on Education and the Workforce, and I know of no objection to it passing under suspension this morning.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 3 minutes to the gentleman from Rhode Island (Mr. Kennedy).
Mr. Speaker, I yield 5\1/2\ minutes to the gentlewoman from California (Mrs. Davis).
(Mrs. DAVIS of California asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I yield 4 minutes to the gentleman from Illinois (Mr. Davis).
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I appreciate all of the remarks we have heard on the floor today. I said before when the subject of Ritalin come up, I raised four children, and I am absolutely certain that Ritalin or some other psychotropic drug would have been suggested for each and every one of them sometime during their school career. In fact, when I was a kid, my grandfather used to offer to pay me 5 cents for every minute that I could sit still. Well, I never earned a nickel. So my kids came with this hyperactive behavior through the genes, and we all learned through behavior modification and through growing up that, indeed, moving around all the time was not going to get us anywhere. So they learned to be calm, before I did, actually.
But that is why I have concerns about blurring the line between the behavior of an active, high-spirited child and a child with a disability.
This is not to suggest, however, that attention deficit hyperactivity disorder, ADHD, is not a very real disability for many children. ADHD robs so many children and their parents of the pleasures of childhood and family. The children are labeled as ``bad'' for things that they actually cannot control. The parents find themselves frustrated and often angry at their child.
However, the growing increase in the manufacture and prescription of psychotropic drugs, like Ritalin, is a cause for concern. The decision to treat a child with any drug, but certainly a stimulant, should be made very, very carefully and only after comprehensive evaluation and diagnosis. It is crucial that parents be very well informed about these drugs, both the possible successes of the drug and the possible side effects of a drug, if it is being considered for their child.
It goes without saying, parents must have the final word in deciding whether or not their child takes any psychotropic drug.
Mr. Speaker, I am pleased to have been part of these negotiations with the gentleman from Georgia (Mr. Burns) and with the other side of the aisle in our committee so we could come up with a bill that we totally support and feel will be good for the child, for the parent, and for the education system for that child.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I thank the gentleman for yielding me this time. Once again, once again, this Republican majority shows no compunction about turning even the most bipartisan legislation into a vehicle…
Mr. Speaker, I thank the gentleman for yielding me this time. Once again, once again, this Republican majority shows no compunction about turning even the most bipartisan legislation into a vehicle of divisive and unnecessary partisanship.
The defense authorization traditionally unites Members on both sides of the aisle. I have always voted for it. The American people expect that. Our brave men and women in the service deserve no less. However, today the majority has purposefully loaded up this bill with extraneous and controversial provisions and forced the rule to deny our side of the aisle a fair opportunity to be heard.
Now, the gentleman from California (Mr. Hunter), the distinguished chairman of the committee, who is now speaking to the Committee on Rules chairman, just spent 10 minutes explaining how reasonable the provisions of the bill are. But they do not have the courage of that representation to allow us to debate fully on the floor and present an alternative.
My, my, my, how confident they must be of the reasonableness of their position. Again, the majority is trying to insulate sweeping policy changes from serious scrutiny by invoking the words ``national security,'' and casting anyone who raises questions as, at
best, an impediment to national security and, at worst, unpatriotic. The further down that road we go, the less democratic we will become.
Make no mistake, this bill contains many, many important provisions. It provides good pay, housing and training for our men and women in uniform, and funds important modernization priorities that will ensure that we have the most technologically advanced military in the world. I support that. Not only that, I have supported it for 23 years in this House.
However, the addition of controversial measures that will gut the civil service system and harm the environment only subvert the democratic process and demean this House. This bill would exempt the Defense Department from compliance with the Endangered Species Act and the Marine Mammal Protection Act, even though both laws currently allow case-by-case exemptions. And here is the crucial point: the Pentagon has never before sought the exemptions that the majority would bestow today.
Fairness. Fairness. The American people expect fairness, and it dictates that the majority make the Rahall-Dingell amendment in order. It was not. The gentleman from West Virginia (Mr. Rahall) and the gentleman from Michigan (Mr. Dingell), who is the dean of the House, the senior Member in this House of Representatives, yet the Committee on Rules refused to allow him to offer an amendment. That is unconscionable. Furthermore, the process by which the civil service reform measures have been rushed to this floor is nothing short of appalling. This proposal was conceived by a handful of the President's advisers.
Without doubt, there are some problems in the Federal personnel system, reforms that I would support, but our military's stunning success in Iraq shows there is not a crisis. Mr. Speaker, we ought to consider this thoughtfully, and we ought to allow amendments to be offered on this floor which would provide for full debate. We are not doing that.
Vote against this rule. Vote against the previous question.
Mr. Speaker, will the gentleman yield?
Mr. Speaker, I thank the gentleman, because I think this is an important procedural issue. And I have a quote of yours in my pocket, but I am not going to take it out.
I am not going to regurgitate it, in terms of fairness.
But what my colleague is saying is that the dean of the House comes to your committee and wants to offer an amendment, and your committee responds, no, Dean, you have served here 40-plus years, but we know better than you do.
Mr. Speaker, will the gentleman again yield?
Mr. Speaker, I certainly associate myself with the comments the distinguished dean of the House, the gentleman from Michigan (Mr. Dingell). Therefore, I also rise against this rule. As many Members…
Mr. Speaker, I certainly associate myself with the comments the distinguished dean of the House, the gentleman from Michigan (Mr. Dingell). Therefore, I also rise against this rule.
As many Members know, the underlying bill contains broad exemptions from the Endangered Species Act and the Marine Mammal Protection Act which go far beyond what the military requested. For those of who found that the DOD has provided little in the way of justification for its own proposals, these broad exemptions were extremely troublesome.
In fact, under the guise of maintaining national security and military readiness, H.R. 1588 would weaken the ESA to allow critical habitat designations which are necessary for the recovery of imperiled species to be done on a discretionary basis and to do so in all instances, not just as it may apply to the military. In fact, when it came to marine mammals, any nonmilitary, nongovernmental activity also would be covered by the weakened standards of this bill.
Let me be clear, H.R. 1588 goes far beyond what even the military requested. As far as what DOD requested for itself, we have had two recent GAO reports which found that the Pentagon has failed miserably to provide any compelling examples to verify their allegation that the ESA and the MMPA are undermining the training and readiness of our fighting forces. In Iraq, we watched on live television the overwhelming strength and bravery of our Armed Forces. We salute them for a job well done. There is no doubt they were well-prepared for battle, and they did it under existing law.
Further, we know that existing law already provides exemptions to all laws when national security is at stake. Yet the military has not even availed themselves of those exemptions in current law.
However, the gentleman from Michigan (Mr. Dingell) and myself are reasonable people. We are strong supporters of our military. We on this side of the aisle, just as strongly as anybody in this Chamber, support our troops. We are proud of the great sacrifice our fighting men and women have made to protect our Nation.
As such, we submitted to the Committee on Rules an amendment which would have, first, limited the proposed revisions to the ESA and the MMPA contained in this legislation strictly to military activities. Second, we would have ensured that those revisions, while providing the military with some compliance flexibility, would not have diminished the letter and intent of the ESA and the MMPA.
This reasonable amendment was not made in order. Instead, buried within the text of what was supposed to be a technical manager's amendment by the chairman of the Committee on Armed Services, we find a sleight-of-hand trick is being played.
Yes, the Hunter amendment revises the broad ESA and MMPA exemptions contained in H.R. 1588. It limits these changes to the military, but it does not do so in the prudent, protective manner that was part and parcel of the Rahall-Dingell amendment.
Mr. Speaker, I suggest to my colleagues that we not be lulled into believing that the Hunter amendment would have accomplished what the Rahall-Dingell amendment would have. On process and substance, the Hunter amendment should be rejected. Therefore, I urge a no vote on the previous question; and if that fails, I urge a no vote on the rule.
Mr. Speaker, this is a bad rule. It should be defeated. My Republican colleagues have done the same thing that they usually do. They have gagged the minority. They have denied us a right to discuss…
Mr. Speaker, this is a bad rule. It should be defeated. My Republican colleagues have done the same thing that they usually do. They have gagged the minority. They have denied us a right to discuss important questions, and they refuse to give us the right to offer amendments.
The chairman of the Committee on Rules appears in the well of the House and tells us what a wonderful job they have done at being fair. If they were fair, they should have had the courage and decency on that side of the aisle to let us offer the amendments that should be offered to allow matters to be properly discussed.
This is the language of the Endangered Species Act. There is no need for them to take away the right of the government to properly protect our national symbol, the bald eagle, and other endangered species. There is no reason for the other side to afford the authorities that the leadership in the Department of Defense have sought. Indeed, the members of the agency itself, the fighting soldiers have not asked for and do not want it.
It is interesting to note that they not only amend the environmental laws, but they have amended many more, and they again foreclose the opportunity for amendments.
Now the chairman of the Committee on Rules comes down and says we are going to have more opportunities. We are going to be considering it again. Well, if we have to consider it again, why did they not offer us a fair rule in the first place? Why do they have to do it this way? They have basically a sound bill, but they have sought to change all manner of environmental laws, and they will put more on the floor if they are permitted to do so.
Indeed, one of the remarkable things that my Republican colleagues have sought to do is to change the Civil Service laws and to repeal, amongst other things, the laws against nepotism. Perhaps there is a little Cheney or a little Bush in the woods somewhere that needs a job, or perhaps a little Wolfowitz. There might even be a relative of the membership on that side of the aisle who happens to need employment.
We should address these issues properly. This is the People's House. We are supposed to discuss great national issues. We are supposed to, under the traditions and the practices of this body, to have the ability to discuss matters which the public thinks are important. Certainly the protection of conservation values, certainly the protection of Civil Service laws, certainly the protection of the values that all of us think are important enough to be discussed in this body and not strangled by the Committee on Rules when the chairman comes down and says, oh, we have been fair.
Well, if the gentleman from California has been fair, why in the name of common sense does he not have the goodness to allow us to have an opportunity simply to offer the amendment? Is it because my Republican colleagues are scared to death and afraid to permit an honest discussion, to have an honest application of the rules of the House with regard to the offering of amendments? Why are they so afraid on the other side of the aisle to have the truth brought forth and to offer a fair procedure?
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Mr. Speaker, I want to commend both sides for working out a good bill that passed unanimously from the committee. I want to commend the gentleman from Georgia (Mr. Burns), my good friend and…
Mr. Speaker, I want to commend both sides for working out a good bill that passed unanimously from the committee. I want to commend the gentleman from Georgia (Mr. Burns), my good friend and colleague, and his office for working very closely with all of us in trying to ensure that we were able to address the needs of families and children in school.
When I travel around my district in Rhode Island, I find school teachers telling me that the biggest single problem they have is addressing the emotional and social development of the kids in their classrooms. These kids come to school often from broken families, family violence, situations that none of us can even begin to imagine, and to think that these children are going to learn and not be able to shut out these things from their mind about what is going on at home is just not being realistic. These kids need assistance, they need help, and they need counseling. That is why I think we have done so well by trying to ensure that there are more school counselors, but we still need to do more.
In terms of the mental health part, I think this is an important part of development. I think this bill does a lot to ensure that we do not tie the hands of teachers and principals and administrators insofar as their consulting with parents. In many respects teachers have a window into what is going on in that child's life, and they are best equipped to be able to talk to those parents and be able to consult with those parents about what those children might need. Obviously, none of us wants to see a situation where instead of getting these kids the necessary emotional and social support, all they give to these kids is medication. We do not need to do that, but we do need to
ensure that for those kids who do need medication who do have those kinds of chemical imbalances that make it very difficult for them to learn that they can get the needed support.
I think overall the biggest challenge that we have in this area is ending the stigma of mental health. Somehow, having any kind of range of mental illness is a stigma. I myself suffer from depression. I take medications for it. It is nothing I feel ashamed of. I also have asthma. I take medications for that. And yet in this country we still have this pervasive view that somehow if one has kind of an emotional problem that that is their problem, that is of their own making, that it is not some part of their brain chemistry. Just as diabetes or asthma or any other chronic disease would not be their fault, neither is any mental illness.
So that is why I think this bill is important in that it does not stigmatize those families and children that may be suffering from emotional and social challenges. So with that I ask for support for this legislation and commend the gentlewoman from California (Ms. Woolsey) for her good work.
Mr. Speaker, I thank the gentleman for yielding me this time and for giving me the opportunity to rise in strong, but reluctant, opposition to this rule. By and large this is a good bill. It puts…
Mr. Speaker, I thank the gentleman for yielding me this time and for giving me the opportunity to rise in strong, but reluctant, opposition to this rule.
By and large this is a good bill. It puts forward the opportunity for the United States military to continue research and development, procurement, training, attracting the bright young men and women who serve, and to continue to educate them along the way to think strategically, operationally, and tactically. Yet I find that this particular rule is shutting out some amendments that I thoroughly believe should be made in order. I hope that the Committee on Rules, on the second look, in the second rule that it will adopt, will hear our recommendations from the committee hearing yesterday and take us quite seriously.
Let me further state, though, that it is a pleasure working with the chairman of the Committee on Armed Services, the gentleman from California (Mr. Hunter). And I thank him for his hard work, for his dedication, for his strong feeling for the military, and for his sincerity. I think that we should let it be known that he is a strong advocate for our national security.
This is a big bill, Mr. Speaker. It authorizes almost $400 billion for the Department of Defense and energy. This bill is over 600 pages long. The Congress has a constitutional duty, as you know, to raise and defend the military in law. I had highlighted three major issues when I testified before the Committee on Rules. The first are the changes in the civil service system. That has not been ruled upon yet. Revising our environmental laws. That has been addressed in a manager's amendment here, as I understand it. And our nuclear weapons policy has not been fully faced in this first rule.
On the face, amendments made in order by this first rule seem uncontroversial. However, I do take issue with amendment No. 73. This is a mere 10-minute alleged technical amendment that literally corrects spelling errors. But tacked on to that is the amendment that changes the Endangered Species Act and the Marine Mammal Protection Act. Regardless how Members might feel about the substance, it is not only unacceptable; but, quite honestly, it is outrageous.
This is not the full debate that this House deserves on major policy changes. It is not right to cram changes to our environmental laws into technical amendments. It is not right to not make in order a major Democrat amendment on the environmental provisions, the Dingell-Rahall amendment, and not give us the full time and full debate. Ten minutes, that is all we are given.
I certainly hope, Mr. Speaker, that in the second look, the second rule, that the Committee on Rules must come forward with it, it will allow us to more fully debate and fully discuss all the issues that I have put forward to them in my testimony yesterday.
Mr. Speaker, I rise to express my support for the ``Child Medication Safety Act of 2003 (H.R. 1170),'' which would prohibit the required administration of psychotropic medications in order for…
Mr. Speaker, I rise to express my support for the ``Child Medication Safety Act of 2003 (H.R. 1170),'' which would prohibit the required administration of psychotropic medications in order for children to attend school.
Like many Members, I believe that our children are our future. We need to do our best to protect and improve the health and well-being of our Nation's children, including protecting them from medications that can potentially harm them.
While I was the Chairman of the Full Committee on Government Reform, I held a hearing on September 26, 2002, to examine allegations that too many children are being medicated for Attention Deficit Disorder (ADD) and Attention Deficit/Hyperactivity Disorder (ADHD) at increasingly younger ages, and to discuss the health implications of these drugs.
Our investigation found that disorders, such as ADD and ADHD, are diagnosed by a checklist of behaviors, not medical science. According to the National Institutes of Health, the behaviors, or ``symptoms'' used to diagnose these disorders are inattention, hyperactivity, and impulsivity. Based on these descriptions, almost every child in the United States would be considered afflicted, and under current law, be required to take psychotropic medication to attend school.
Ritalin is perhaps the most prescribed psychotropic drug used to control children with behavioral problems. It is estimated that four to six million children are taking this drug daily in the United States, a 500 percent increase since 1990.
Ritalin is classified as a Schedule II stimulant. This means that it has met three criteria: (1) it has a high potential for abuse; (2) it has a currently accepted medical use in the treatment; and (3) it is shown that abuse may lead to severe psychological or physical dependence. According to research published in the Journal of the American Medical Association, Ritalin was shown to be a more potent transport inhibitor than cocaine. In addition, the chronic use of Ritalin can lead to: aggression, agitation, disruption of food intake, weight loss, and even death.
Schools should not be able to force parents to administer these psychotropic drugs to their children--not only are these disorders diagnosed without physiological testing, but they can also lead these children to further drug-use and dependence, or even the worst of all scenarios . . . death.
Mr. Speaker, H.R. 1170 would protect our children from being required by schools to become subject to psychotropic medications that can lead to detrimental health effects as well as drug addiction based on unscientific diagnoses. I urge continued support from my colleagues on this important legislation.
Mr. Speaker, I rise today in support of H.R. 1170, the Child Medication Safety Act, which will prevent school personnel from requiring a child to obtain a prescription for a medication in order to…
Mr. Speaker, I rise today in support of H.R. 1170, the Child Medication
Safety Act, which will prevent school personnel from requiring a child to obtain a prescription for a medication in order to remain in the classroom.
I would first like to thank my colleague from Georgia, Representative Max Burns, for his leadership in introducing this legislation to address this significant issue. I would also like to thank Lynn Woolsey for her help to improve this legislation. I am please to support this bipartisan legislation and am thankful for their efforts.
We have heard from numerous parents and grandparents that have been coerced or pressured by school districts into placing their child on medication in order for the child to attend school or receive services. I recognize the difficulty that children with attention or behavior problems bring to school, but no one should react by automatically assuming that the child should be on drugs. And certainly an individual without a medical license should not presume to understand the severity of a problem and simply assume that the child would be better off with drugs.
I'm sure that in these situations school personnel think they are doing the child, and the parents, a favor. But they are not. Instead they create new problems, unintended problems, and add to the culture where a pill should magically solve all of the child's problems. Worse, the quick fix of a pill fails to account for the potentially harmful effects of these drugs when not properly administered.
The diagnosis of a disability or emotional or behavioral problem requires the careful examination and discussion with a licensed medical practitioner. This bill protects that dialogue and ensures that parents are not forced to decide between their own preferences and a school official who is acting inappropriately.
I think it is also important to point out that we have provided strong safeguards to protect appropriate communication between the parent and the teacher. Teachers will still be able to share their observations with parents about the child's behavior in the classroom and the school. Teachers and parents will still be able to discuss the child's academic performance. This bill does not stifle appropriate communication.
This bill has the clear and simple goal of preventing school officials from requiring children to be medicated with a controlled substance in order to attend school. This is a goal we can and should all support.
H.R. 1170 is an important bill that will provide security and comfort to both teachers and parents to ensure that our children are protected. I urge my colleagues to support this bill.
Mr. Speaker, there were 99 amendments filed to the defense authorization bill. Nine were made in order: six for Republicans, three for Democrats. Among those not made in order was an amendment that I…
Mr. Speaker, there were 99 amendments filed to the defense authorization bill. Nine were made in order: six for Republicans, three for Democrats. Among those not made in order was an amendment that I offered along with the gentleman from California (Mr. Schiff) which would simply have restored this bill so that the President's request for cooperative threat reduction, our efforts better known as Nunn-Lugar to get rid of Russian nuclear materials, chemical weapons and biological weapons, could be fully funded and fully expressed, freed of some encumbrances entered into the bill in the committee mark and allowed to go forward basically and only as the President has requested.
That is all we sought to do. But this is critically important because it addresses a particular facility in Russia called Schuch'ye which has maybe 75 percent of the deadliest chemical weapons, sarin and VX and other nerve agents, contained in Russia. We are right now at the threshold of beginning a project that would destroy those weapons, and this bill as now written without my amendment would hamstring and hinder the undertaking of that project.
Mr. Speaker, I have served in the Congress for 21 years, and all these years I have served on the House Armed Services Committee. I am the second ranking Democrat on the committee. I do not suggest that time served or rank necessarily entitles a Member to be heard on the floor, but when a Member has a serious and substantive provision, there should surely be some deference, some comity. We have always extended it in the past. In the 20 years I have served there, it has been done. I think it has been understood in the past if we are to have good policy, we have to have good debate on the House floor. And when you stiff-arm good proposals, worthy ideas, when you shut us out, you do not just diminish me, the individual Member who would offer the amendment, you diminish the House of Representatives. That is exactly what you are doing here.
My amendment is not as important as Nunn-Lugar, as the other amendments which have been addressed here, but it is important. We should have a right to be heard on this amendment, and we are diminishing the House. Every Member who respects this institution and has any sense of comity and fair play should vote against the previous question and against this rule.
Mr. Speaker, it is an honor for me to be here today to speak on behalf of the Child Medication Safety Act of 2003. I want to particularly commend the author of this bill, the gentleman from Georgia…
Mr. Speaker, it is an honor for me to be here today to speak on behalf of the Child Medication Safety Act of 2003. I want to particularly commend the author of this bill, the gentleman from Georgia (Mr. Burns). He himself is a professional educator and knows firsthand how significant that law can be. I have the perspective of being the father of four children, and I know how important this can be to their ability to do well in school. And it is a big day for us. My ninth grader completes his final day today. I know he is a happy creature at home on his way to the tenth grade. Additionally, my wife is a teacher, and I am really proud of her service. She just concluded her first grade class yesterday; so she is out for the summer.
But as a parent and a spouse of a teacher, I appreciate this legislation. The Child Medication Safety Act of 2003 requires States, as a condition of receiving Federal education funds, to establish policies and procedures prohibiting school personnel from requiring a child to take a controlled substance in order to attend school. Parents have felt pressured to place their child on drugs like Ritalin or Adderall. These are potentially dangerous drugs and only licensed medical practitioners should recommend these drugs and then carefully monitor the child for harmful side effects. School districts and teachers should not presume to know what medication a child needs or if the child even needs medication. Only medical personnel have the ability to determine if a prescription for a controlled substance is appropriate for a child.
The input and advice from schools and teachers carry weight with most parents. Parents should not be forced to decide between getting their child into school and keeping their child off mind-altering drugs. Parents are in the best position to determine what is best for the child. After listening to licensed medical personnel, a parent is the one who should determine whether their child should be medicated, not school personnel. Schools should respect a parent's choice and not use coercive measures that might be harmful to children merely to avoid dealing with behavioral problems. Most importantly, the bill ensures that there is open communication between the school personnel and parents.
I urge my colleagues to support H.R. 1170.
Mr. Speaker, I rise in support of H.R. 1170, the Child Medication Safety Act, and commend the gentleman from Georgia (Mr. Burns) for taking the initiative to introduce this resolution. I also would…
Mr. Speaker, I rise in support of H.R. 1170, the Child Medication Safety Act, and commend the gentleman from Georgia (Mr. Burns) for taking the initiative to introduce this resolution.
I also would like to most directly associate my remarks with those of the gentleman from Massachusetts (Mr. Kennedy), who made what I think to be some real points relative to medication, the utilization of it, and really the relationship of the whole question of mental health.
Mr. Speaker, there are several studies over the last decade pointing out the fact that prescription drug abuse is on the rise in America. In 1999, an estimated 4 million people, 2 percent of the population, aged 12 and older were currently using certain prescription drugs nonmedically. The data from the National Institute on Drug Abuse demonstrates that the most dramatic increase in new users of prescription drugs for nonmedical purposes occurs in the ages 12 to 17 and 18 to 25. This resolution will hopefully help this growing problem of addiction by giving parents a voice in whether their child should be medicated or not without the consequence of having their child removed from school.
Teachers and other school personnel will still be able to recommend to parents if they feel there is a medical problem with the child, be it a need for a hearing or vision test, or if there is concern that maybe the child should be seen by a physician for diabetes, epilepsy or attention deficit disorder.
Of course, our teachers and school personnel are with our children for a
longer period of time during the day and, of course, many may witness problems that parents may not see before or after school. But no parent or child should be forced to use prescription drugs to obtain an education. There is still something called patients' rights, parents' rights, children's rights; and certainly the parents of children should have the right to determine when and if their children should be medicated or not.
I think this legislation provides the opportunity for the kind of interaction between parents and teachers so that parents get the best information. They then can make a determination, and jointly the child's education can always be the first order of concern.
Mr. Speaker, I think this is an excellent piece of legislation.
Mr. Speaker, I rise today in support of H.R. 1170, the Child Medication Safety Act, which prohibits school personnel from requiring a child be medicated in order to receive an education and stay in…
Mr. Speaker, I rise today in support of H.R. 1170, the Child Medication Safety Act, which prohibits school personnel from requiring a child be medicated in order to receive an education and stay in the classroom.
There have been reports that schools have forced parents to put their children on medication, such as Ritalin, in order to allow them to continue attending school. Some have gone so far as to keep children out of the classroom until the parents relent and agree to put their kids on these drugs. In one specific case, a child was removed from their home because the parents refused to put them on medication as mandated by the school. This is outrageous. School personnel should never presume to know the medication needs of a child. Only medical doctors have the ability to determine if a prescription for a psychotropic drug is appropriate for a child.
As a former school teacher, I am sympathetic to need to have order in a classroom with as few disruptions as possible. However, it has been my experience that kids will be kids and there will always be children in the classroom who are overactive or inattentive.
It's important to note that nothing in this legislation prevents a school or school personnel from recommending a parent seek medical review of their child's physical or mental health. This legislation just keeps them from requiring medication in order to receive education services. The prescribing of medication should be left to parents and medical professionals not school officials.
Psychotropic drugs are serious medications and have an altering effect on the mind. These drugs have potential for serious harm, addiction and abuse that is why they are listed on Schedule II and IV of the Controlled Substances Act. Therefore, it is critical that they only be prescribed by licensed medical practitioners who have seen the child and made a medical evaluation to determine a diagnosis and the proper needs of a child.
H.R. 1170, the Child Medication Safety Act, is important legislation that protects children and parents. I would like to thank Congressman Burns and Chairman Boehner for their hard work on this bill. I strongly support their efforts to move this legislation forward.
Mr. Speaker, I thank the gentleman for yielding me time, and I want to congratulate the gentleman from Georgia (Mr. Burns) on this legislation, H.R. 1170, and would like to encourage strongly all of…
Mr. Speaker, I thank the gentleman for yielding me time, and I want to congratulate the gentleman from Georgia (Mr. Burns) on this legislation, H.R. 1170, and would like to encourage strongly all of our colleagues to support this bill.
Mr. Speaker, the Child Medication Safety Act of 2003 requires States, as a condition of receiving Federal education funds, to establish policies and procedures prohibiting school personnel from requiring a child to take a controlled substance in order to attend school. I could not agree with that more.
The problem is, parents feel the pressure from school officials to put their child on drugs like Ritalin or Adderall. Basically, these can be potentially dangerous drugs, and the underlying part here is that only licensed medical practitioners should recommend these drugs and then carefully be able to monitor the child for harmful side effects.
The very idea that the pressure can be brought to bear on a parent to force them to put a child on any of these drugs, and particularly Adderall and Ritalin, just goes against the principles of good common sense.
School districts and teachers ought not to presume to know medications that a child needs. If a child in fact needs medication, only medical personnel have the ability to determine that.
I am very pleased that this bill will hopefully begin to rein in some of the consequences of leaving it up simply to the school to determine if a child needs to be put on a medication and, more importantly, to put the pressure on the parents. This does not keep the school officials and the parents from having good conversations about a child. Obviously, we all want that. I am absolutely satisfied that the bill offered by the gentleman from Georgia (Mr. Burns) does not keep that from happening.
Mr. Speaker, let us support this common sense legislation and move on.
Mr. Speaker, no parent should feel forced to put their child on a psychotropic drug like Ritalin or Adderall. But that is just what is happening every day in schools across America. Currently,…
Mr. Speaker, no parent should feel forced to put their child on a psychotropic drug like Ritalin or Adderall. But that is just what is happening every day in schools across America. Currently, teachers can coerce parents by demanding that their child be medicated to attend their class.
This is wrong. Parents should not feel pressured to make a choice for their child because a teacher or school administator--individuals who do not have a medical background to make these suggestions--tells them their child must be medicated. That is why House Resolution 1170, the Child Medication Safety Act of 2003, is such an important piece of legislation. It gives parents the ultimate power in deciding whether or not their child should be on medication.
This bill requires states that receive Federal education funds to establish policies and procedures that prohibit school officials and teachers from requiring a child to be on a psychotropic drug to attend school.
Of course, parents often seek the advice and input of their child's teacher. But this bill calls for open communication between parents and teachers. Once a teacher or other school official meets with the parent and makes a suggestion that medication may be needed for a child to learn in the best way possible, the parent can then go to their family doctor to discuss both the risks and the benefits of these psychotropic drugs and make the choice themselves after weighing all of the options.
Parents are the only ones who should make the ultimate decision whether their child needs to be on medication. They should never be told that their child cannot attend school without being on a drug like Ritalin. H.R. 1170 gives the power to the parent when it comes to these choices.
Mr. Speaker, I rise to enter into a colloquy with the chairman of the Committee on Armed Services, the gentleman from California (Mr. Hunter). It is my understanding that the bill before the House…
Mr. Speaker, I rise to enter into a colloquy with the chairman of the Committee on Armed Services, the gentleman from California (Mr. Hunter).
It is my understanding that the bill before the House contains three sections that are largely based upon H.R. 2122, the Project BioShield Act which the Committee on Energy and Commerce ordered reported just last week; is that correct?
I yield to the gentleman from California.
The Committee on Energy and Commerce worked in a bipartisan fashion at the request of the President to report a strong BioShield bill. We expect the bill to be on the floor very shortly. However, just this week I learned similar DOD provisions have been incorporated in the bill that may not be wholly consistent with our efforts in this area.
We accomplished many of the gentleman's objectives in our bill. Because my committee will not have a chance to work its will on the gentleman's BioShield provisions, may I have his assurance that he will work with me as the bill heads to conference to ensure that any provisions agreed to there are properly drafted and not inconsistent with the President's proposed program?
I thank the chairman and look forward to working with him and the administration in ensuring that we properly implement the BioShield program and congratulate him and the committee for, again, a great effort in this bill to help secure our country and protect her.
Bill Text
4 versions available
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1170 Referred in Senate (RFS)]
1st Session
H. R. 1170
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2003
Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
AN ACT
To protect children and their parents from being coerced into
administering a controlled substance in order to attend school, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Medication Safety Act of
2003''.
SEC. 2. REQUIRED POLICIES AND PROCEDURES.
(a) In General.--As a condition of receiving funds under any
program or activity administered by the Secretary of Education, not
later than 1 year after the date of the enactment of this Act, each
State shall develop and implement policies and procedures prohibiting
school personnel from requiring a child to obtain a prescription for
substances covered by section 202(c) of the Controlled Substances Act
(21 U.S.C. 812(c)) as a condition of attending school or receiving
services.
(b) Rule of Construction.--Nothing in subsection (a) shall be
construed to create a Federal prohibition against teachers and other
school personnel consulting or sharing classroom-based observations
with parents or guardians regarding a student's academic performance or
behavior in the classroom or school, or regarding the need for
evaluation for special education or related services under section
612(a)(3) of the Individuals with Disabilities Education Act (20 U.S.C.
1412(a)(3)).
SEC. 3. DEFINITIONS.
In this Act:
(1) Child.--The term ``child'' means any person within the
age limits for which the State provides free public education.
(2) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
SEC. 4. GAO STUDY AND REVIEW.
(a) Review.--The Comptroller General of the United States shall
conduct a review of--
(1) the variation among States in definitions of
psychotropic medication as used in regard to State jurisdiction
over public education;
(2) the prescription rates of medications used in public
schools to treat children diagnosed with attention deficit
disorder, attention deficit hyperactivity disorder, and other
disorders or illnesses;
(3) which medications used to treat such children in public
schools are listed under the Controlled Substances Act; and
(4) which medications used to treat such children in public
schools are not listed under the Controlled Substances Act,
including the properties and effects of any such medications
and whether such medications have been considered for listing
under the Controlled Substances Act.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall prepare
and submit a report that contains the results of the review under
subsection (a).
Passed the House of Representatives May 21, 2003.
Attest:
JEFF TRANDAHL,
Clerk.