[Senate Report 106-40]
[From the U.S. Government Publishing Office]
106th Congress, 1st Session - - - - - - - - - - Senate Report
106-40
REPORT ON LEGISLATIVE ACTIVITIES
OF THE
COMMITTEE ON
LABOR AND HUMAN RESOURCES
UNITED STATES SENATE
DURING THE
105TH CONGRESS
1997-98
PURSUANT TO
SECTION 136 OF THE LEGISLATIVE REORGANIZATION ACT OF 1946, AS AMENDED
BY THE LEGISLATIVE REORGANIZATION ACT OF 1970
April 13, 1999.--Ordered to be printed
_________
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1999
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[105th Congress]
COMMITTEE ON LABOR AND HUMAN RESOURCES
JAMES M. JEFFORDS, Vermont, Chairman
DAN COATS, Indiana EDWARD M. KENNEDY, Massachusetts
JUDD GREGG, New Hampshire CHRISTOPHER J. DODD, Connecticut
BILL FRIST, Tennessee TOM HARKIN, Iowa
MIKE DeWINE, Ohio BARBARA A. MIKULSKI, Maryland
MICHAEL B. ENZI, Wyoming JEFF BINGAMAN, New Mexico
TIM HUTCHINSON, Arkansas PAUL D. WELLSTONE, Minnesota
SUSAN M. COLLINS, Maine PATTY MURRAY, Washington
JOHN W. WARNER, Virginia JACK REED, Rhode Island
MITCH McCONNELL, Kentucky
Mark E. Powden, Staff Director
Susan K. Hattan, Deputy Staff Director
J. Michael Myers, Minority Staff Director and Chief Counsel
______
[106th Congress]
COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS
JAMES M. JEFFORDS, Vermont, Chairman
JUDD GREGG, Indiana EDWARD M. KENNEDY, Massachusetts
JUDD GREGG, New Hampshire CHRISTOPHER J. DODD, Connecticut
BILL FRIST, Tennessee TOM HARKIN, Iowa
MIKE DeWINE, Ohio BARBARA A. MIKULSKI, Maryland
MICHAEL B. ENZI, Wyoming JEFF BINGAMAN, New Mexico
TIM HUTCHINSON, Arkansas PAUL D. WELLSTONE, Minnesota
SUSAN M. COLLINS, Maine PATTY MURRAY, Washington
SAM BROWNBACK, Kansas JACK REED, Rhode Island
CHUCK HAGEL, Nebraska
JEFF SESSIONS, Alabama
Mark E. Powden, Staff Director
Susan K. Hattan, Deputy Staff Director
J. Michael Myers, Minority Staff Director and Chief Counsel
(ii)
FOREWORD
This report on the legislative activities of the Committee
on Labor and Human Resources \1\ during the 105th Congress is
submitted pursuant to section 136 of the Legislative
Reorganization Act of 1946 (2 U.S.C. 190d), as amended by
Public Laws 91-050, 92-136, and 93-334. The Legislative
Reorganization Act requires standing committees of the U.S.
Senate to ``review and study, on a continuing basis, the
application, administration, and execution'' of laws within
their jurisdiction and to submit biennial reports to the
Congress. The full text of section 136 is as follows:
---------------------------------------------------------------------------
\1\ The Committee on Labor and Human Resources, pursuant to S.Res.
20, was renamed the Committee on Health, Education, Labor, and Pensions
on January 19, 1999. As this report covers the activities of the 105th
Congress, the committee will be referred to by its former title
throughout.
---------------------------------------------------------------------------
Sec. 136.(a) In order to assist the Congress--
(1) its analysis, appraisal, and evaluation of the
application, administration, and execution of the laws
enacted by Congress, and
(2) its formulation, consideration and enactment of
such modifications of or changes in those laws, and of
such additional legislation, as may be necessary or
appropriate, each standing committee of the Senate and
the House of Representatives shall review and study, on
a continuing basis, the application, administration,
and execution of those laws, or parts of laws, the
subject matter of which is within the jurisdiction of
that committee. Such committees may carry out the
required analysis, appraisal, and evaluation
themselves, or by contract, or may require a government
agency to do so and furnish a report thereon to the
Congress. Such committees may rely on such techniques
as pilot testing, analysis of costs in comparison with
benefits, or provision for evaluation after a defined
period of time.
(b) In each odd-numbered year beginning on or after January
1, 1973, each standing committee of the Senate shall submit,
not later than March 31, to the Senate . . . a report on the
activities of that committee under this section during the
Congress ending at noon on January 3 of such year.
(c) The preceding provisions of this section do not apply
to the Committees on Appropriations, the Budget, House
Administration, Rules, and Standards of Official Conduct of the
House.
James M. Jeffords, Chairman.
(iii)
C O N T E N T S
______
Page
Foreword......................................................... III
Committee jurisdiction........................................... 1
Committee organization........................................... 2
Review of Legislative activity................................... 5
Full committee activities........................................ 5
I. Bills Enacted:
A. Education and Disability........................................6
B. Health.........................................................12
C. Labor..........................................................15
II. Vetoed Bills....................................................16
III. Reported Bills Not Enacted......................................16
A. Education......................................................16
B. Labor..........................................................17
IV. Other Bills Considered by Senate................................19
V. List of Public Laws.............................................19
VI. Anticipated Activities..........................................20
Committee printing............................................... 23
APPENDIX
I. Reports of the Subcommittees, Committee on Labor and Human
Resources.......................................................24
Children and Families..........................................24
Aging..........................................................26
Public Health and Safety.......................................28
Employment and Training........................................31
II. Reports of the Committee on Labor and Human Resources...........33
III. Public laws enacted during the 105th Congress...................35
IV. Hearings by full committee and subcommittees....................38
V. Statistical Summary.............................................53
VI. Rules of Procedure..............................................54
(v)
106th Congress Report
SENATE
1st Session 106-40
======================================================================
REPORT ON LEGISLATIVE ACTIVITIES OF THE COMMITTEE ON LABOR AND HUMAN
RESOURCES
_______
April 13, 1999.--Ordered to be printed
_______
Mr. Jeffords, from the Committee on Labor and Human Resources,
submitted the following
R E P O R T
[Pursuant to section 136 of the Legislative Reorganization Act of 1946,
as amended by the Legislative Reorganization Act of 1970, as amended]
COMMITTEE JURISDICTION
The jurisdiction of the Labor and Human Resources Committee
in the 105th Congress was set forth in paragraph 1.(1) of Rule
XXV of the Standing Rules of the Senate as follows:
(m)(1) Committee on Labor and Human Resources, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters
relating to the following subjects:
1. Measures relating to education, labor, health, and
public welfare.
2. Aging.
3. Agricultural colleges.
4. Arts and humanities.
5. Biomedical research and development.
6. Child labor.
7. Convict labor and the entry of goods made by
convicts into interstate commerce.
8. Domestic activities of the American National Red
Cross.
9. Equal employment opportunity.
10. Gallaudet College, Howard University, and Saint
Elizabeths Hospital.
11. Handicapped individuals.
12. Labor standards and labor statistics.
(1)
13. Mediation and arbitration of labor disputes.
14. Occupational safety and health, including the
welfare of miners.
15. Private pension plans.
16. Public health.
17. Railway labor and retirement.
18. Regulation of foreign laborers.
19. Student loans.
20. Wages and hours of labor.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to health,
education and training, and public welfare, and report
thereon from time to time.
COMMITTEE ORGANIZATION
During the 105th Congress, the committee was organized into
the following subcommittees:
Children and Families
Mr. Coats, Chairman
Mr. Gregg Mr. Dodd
Dr. Frist Mr. Bingaman
Mr. Hutchinson Mr. Wellstone
Ms. Collins Mrs. Murray
Mr. McConnell Mr. Reed
Mr. Jeffords (ex officio) Mr. Kennedy (ex officio)
Aging
Mr. Gregg, Chairman
Mr. Hutchison Ms. Mikulski
Mr. Warner Mrs. Murray
Mr. Jrffords (ex officio) Mr. Kennedy (ex officio)
Public Health and Safety
Dr. Frist, Chairman
Mr. Jeffords Mr. Kennedy
Mr. Coats Mr. Harkin
Mr. DeWine Ms. Mikulski
Mr. Enzi Mr. Bingaman
Employment and Training
Mr. DeWine, Chairman
Mr. Jeffords Mr. Wellstone
Mr. Enzi Mr. Kennedy
Mr. Warner Mr. Dodd
Mr. McConnell Mr. Harkin
REVIEW OF LEGISLATIVE ACTIVITY
The Committee on Labor and Human Resources has jurisdiction
over approximately 1,000 Federal programs relating to health,
education, labor, disability policy, children and families,
older Americans, pensions and public welfare. These programs
are administered by the Departments of Health and Human
Services, Education, Labor, and some 123 independent agencies,
councils, and bureaus.
During the 105th Congress, which convened on January 7,
1997, and adjourned on October 21, 1998, more than 300 bills
and resolutions were referred to the committee for its
consideration, a substantial increase from the approximately
200 bills referred during the 104th Congress and a reflection
of the substantial interest in issues within the committee's
jurisdiction. The committee and its subcommittees held just
over 100 hearings, and produced 29 public laws, about a third
in the area of education.
This body of education law represents the most substantial
achievement of the committee during the 105th Congress, with
major reforms accomplished in education from Head Start to
higher education. The committee also enacted S. 830, the Food
and Drug Accountability and Modernization Act, the most
significant reform of the Food and Drug Administration in
decades.
At the outset of the 105th Congress, the committee
reorganized its subcommittees to better address the issues
before it. Responsibility for education and disability issues
were assumed by the full committee, and the corresponding
subcommittees were dissolved, while employment and training and
public health and safety issues were transferred from the full
committee to two newly created subcommittees.
FULL COMMITTEE ACTIVITIES
In addition to the 332 bills and resolutions introduced in
the Senate within the jurisdiction of the Labor and Human
Resources Committee, the committee received 1,202 nominations
and promotions within the U.S. Public Health Service Corps.
The committee reported 19 bills and one resolution to the
Senate, and 29 measures within its jurisdiction were enacted
into law. No measures within the committees jurisdiction were
vetoed.
Of the 1,202 nominees referred to the committee, all but 31
were confirmed by the Senate. Of the nominees who were not
confirmed, 8 were withdrawn by the White House and 23 were
returned to the President pursuant to Rule XXXI of the Senate
at the conclusion of the 105th Congress. Of those returned to
the President, several were nominated in the final weeks of the
105th Congress.
The committee and its subcommittees held 101 days of public
hearings, held 25 executive sessions for the purpose of
considering legislation and nominations, and conducted four
conferences with the House.
I. BILLS FROM THE LABOR AND HUMAN RESOURCES COMMITTEE ENACTED INTO LAW
IN THE 105TH CONGRESS
A. Education and Disability
INDIVIDUALS WITH DISABILITIES EDUCATION ACT AMENDMENTS OF 1997
This legislation provides grants to States to assist in the
provision of a free appropriate public education to children
with disabilities between the ages of 3 and 21 and early
intervention services for infants and toddlers with
disabilities. In addition, the law provides funding for
personnel training, research, demonstrations, and technical
assistance activities.
The Individuals with Disabilities Education Act Amendments
of 1997 were the product of extensive bipartisan and bicameral
negotiations. The Act clarifies and strengthens the Individuals
with Disabilities Education Act (IDEA) by providing parents and
educators with the tools to preserve the right of children with
disabilities to a free appropriate public education while
bringing meaningful accountability to the process of educating
children with disabilities by placing emphasis on standards
applied to all children and achieving outcomes for children
with disabilities based on such standards. The act provides
children with disabilities early intervention, preschool, and
educational experiences that prepare them for later educational
challenges and employment. The act clarifies permissible
discipline of children with disabilities who violate school
rules, requiring consideration of the child's disability in
making decisions regarding discipline.
The 1997 amendments drive more Federal dollars to local
school districts; expand and promote opportunities for parents,
special education, related services, regular education, early
intervention service providers, and other personnel to work in
new partnerships at both the State and local levels; and create
incentives to enhance the capacity of schools and other
community-based entities to work effectively with children with
disabilities and their families, through targeted funding for
personnel training, research, media, technology and the
dissemination of technical assistance and best practices.
[Public Law 105-17, enacted June 4, 1997. H.R. 5 (S. 717).]
EMERGENCY STUDENT LOAN CONSOLIDATION ACT OF 1997
This act responded to the suspension of the Direct Loan
consolidation loan program which left many borrowers in a
position of being unable to consolidate their loans. Prior to
the enactment of this measure, a student with Federal Family
Education Loans (FFEL) could consolidate those loans through
the FFEL program but could not consolidate a Direct Loan into a
FFEL consolidation.
The key feature of this legislation was a provision
permitting borrowers to consolidate their Direct Loans into a
FFEL consolidation package. This provision expired on October
1, 1998, at which time the new loan consolidation provisions of
the Higher Education Amendments of 1998 went into effect.
The legislation also includes provisions excluding the new
HOPE Scholarship tax credit from any consideration in the need
analysis that is used to calculate eligibility for Federal
student financial aid. This change allows eligible students to
benefit fully from both the tax credit and the Federal student
aid programs.
The Emergency Student Loan Consolidation Act of 1997 (S.
1294) was approved by the committee by voice vote (Senate
Report 105-122) on October 22, 1997. The legislation was
included in Title VI (Section 609) of the conference report
accompanying the fiscal year 1998 Labor, Health and Human
Services, and Education Appropriations Act.
[Public Law 105-78, enacted 11/13/97. H.R. 2264 (S. 1294)]
NATIONAL SCIENCE FOUNDATION AUTHORIZATION
The National Science Foundation (NSF) was established in
1950 to ``develop and encourage the pursuit of a national
policy for the promotion of basic research and education in the
sciences.'' Following the 1957 Soviet launch of the Sputnik
satellite, this mission was expanded to provide greater support
for science education and literacy. Over the next three
decades, NSF became the primary Federal sponsor of basic
research in mathematics, physical sciences, computer science,
engineering and environmental science at colleges and
universities. Equally important to the future of our Nation,
NSF has become a catalyst for the reform of math and science
education.
The National Science Foundation Authorization Act of 1998
was the product of strong bipartisan support for our Nation's
research enterprise. Title I of the legislation authorized more
than $11 billion over three years for a strengthened investment
in basic math, science and engineering research. The title
authorized NSF to take a lead role in the development of the
Internet II and the Next Generation Internet (NGI) and to use
program fees generated through the Agency's domain name
registration program to support the NGI initiative. Funds
authorized under this title will allow NSF to support more than
19,000 projects at 2,000 colleges and universities each year
and enable our Nation to strengthen its position as the world
leader in science and technology.
Title II of the Act was designed to improve committee
oversight of our Nation's research and development enterprise.
The Title required NSF to develop and submit to Congress each
year a plan for the proposed construction of, and repair and
upgrades to, national research facilities. In addition, in
recognition of growing expenditures for indirect costs paid to
colleges and universities, the Office of Science and Technology
Policy (OSTP) was directed to prepare a report to Congress
analyzing Federal facility and administration costs paid to
universities and to make recommendations on ways to reduce
regulatory burdens while achieving cost savings. OSTP was also
directed to create a database for tracking these Federal
expenditures.
The title also required the Foundation to undertake and
support programs and activities designed to encourage the
participation of persons with disabilities in the science and
education professions
[Public Law 105-207, enacted July 29, 1998. H.R. 1273 (S.
1046).]
WORKFORCE INVESTMENT ACT
(includes Vocational Rehabilitation and Adult Education)
The Workforce Investment Act (WIA) consolidates,
coordinates, and improves employment, training, adult and
family literacy, and vocational rehabilitation programs.
Title 1 of the Workforce Investment Act authorizes a new
workforce investment system to replace that erected by the Job
Training Partnership Act. State workforce investment boards
will be established and States will develop 5-year strategic
plans. Local workforce boards will also be established. Both
the State and local workforce boards will oversee a broad array
of employment and training services for youth, adults, and
dislocated workers. Title 1 also authorizes an accountability
system to ensure that the needs of individuals seeking
employment and training services are met.
A number of national programs are also included in the
Workforce Investment Act. These include: Job Corps; Native
American job training programs; Migrant and Seasonal Farm
worker employment and training activities; veterans' workforce
investment programs; youth opportunity grants; technical
assistance for States and local areas; demonstration and pilot
initiatives, and National Emergency grants.
Title 2 of WIA reauthorizes Adult Education and Literacy
programs, which will now be coordinated with job training and
employment programs. Title 2 encourages States to develop an
array of literacy programs which include: adult education and
literacy services; English literacy programs; workplace
literacy initiatives; and family literacy programs.
The legislation also includes reforms to the Rehabilitation
Act, which supports job training of and employment-related
supports to individuals with disabilities. In addition, it
links vocational rehabilitation services to those that will be
available under State workforce systems and under the Workforce
Investment Act of 1998. The amendments also simplify access to
vocational rehabilitation services; streamline the
administration of the vocational rehabilitation program; make
improvements in discretionary programs related to personnel
training, research, and demonstration projects; and provide
greater access to information technology.
The Rehabilitation Act reauthorization was introduced on
November 7, 1997, as S. 1579. It was approved by the committee
on February 4, 1998, and was offered as an amendment to S.
1186, the Workforce Investment Partnership Act during floor
consideration of that legislation. Although reauthorized
through P.L. 105-220, the Rehabilitation Act remains a free-
standing statute.
[Public Law 105-220, enacted August 7, 1998. H.R. 1385 (S.
1186).]
HIGHER EDUCATION AMENDMENTS OF 1998
This legislation extends for 5 years Federal postsecondary
education programs, the largest of which are student financial
aid programs including Pell Grants, Federal Family Education
Loans, and Direct Loans. These three programs provide financial
aid directly to students. The act also includes three programs
that are campus-based financial aid initiatives which provide
Federal assistance to students through postsecondary
institutions. Other components of the act focus on early
intervention, teacher preparation and training, institutional
aid, international education activities, graduate student
programs, and special projects for postsecondary improvement.
Major provisions of the reauthorization bill include
providing students with the lowest interest rates on loans in
nearly two decades and increasing the authorized maximum Pell
Grant. A new comprehensive program designed to improve teacher
quality is established, and individuals who teach for five
years in low-income schools will be eligible for up to $5,000
in loan forgiveness. Existing early intervention programs,
designed to offer support for students who might not otherwise
consider postsecondary education, are expanded through the new
GEAR UP program. In addition, a number of provisions promote
greater efficiency in the delivery of student financial aid--
including the establishment of a Performance-Based Organization
within the Department of Education.
The bill also reauthorizes the Education of the Deaf Act,
extending federal funding for Gallaudet University and the
National Technical Institute for the Deaf through fiscal year
2003. These amendments allow Gallaudet University and the NTID
to continue to offer specialized educational opportunities to
students who are deaf and to be accountable to Congress and the
Secretary of Education with regard to the effects of their
programs and their expenditure of Federal funds.
The legislation was reported favorably by the committee on
April 1, 1998, by a vote of 18 to 0 (Senate Report 105-181) and
approved by the full Senate on July 9, 1998, by a vote of 96 to
1. The conference report (House Report 105-750) was approved by
the Senate on September 29, 1998, by a vote of 96 to 0.
[Public Law 105-244, enacted 10/7/98. H.R. 6 (S. 1882).]
READING EXCELLENCE ACT
The Reading Excellence Act will provide professional
development for teachers who teach reading. State Education
Agencies will be eligible for a one-time, three-year grant
which will be awarded competitively. Upon receipt of the one-
time award, State Education Agencies will then distribute funds
to local educational agencies based on certain criteria.
Funding will be used for professional development activities,
family literacy services, and other activities to improve the
teaching of reading for children from pre-kindergarten through
grade three. In addition, funds will be expended on tutorial
assistance grants. These funds will be used to pay the costs of
providing tutorial services to students having difficulty in
learning to read. The provisions of H.R. 2614 were included as
Title VIII of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act for Fiscal Year 1999.
[Public Law 105-277, enacted October 21, 1998. H.R. 4328
(H.R. 2614).]
CHARTER SCHOOL EXPANSION ACT OF 1998
The Charter School Expansion Act of 1998 revises current
Federal law pertaining to charter schools. The act gives
priority to States for Federal assistance if the States:
provide charter schools financial autonomy; have increased the
number of charter schools; and provide means by which charter
applicants may appeal decisions not to grant a charter. In
addition, the Charter School Expansion Act expands technical
assistance that may be given to charter schools.
[Public Law 105-278, enacted October 22, 1998. H.R. 2616.]
COATS HUMAN SERVICES REAUTHORIZATION ACT OF 1998
The Coats Human Services Reauthorization Act of 1998
includes changes in the Head Start Act, the Community Services
Block Grant Act, and the Low Income Home Energy Assistance Act.
In addition, the 1998 legislation includes a new title, the
Assets for Independence Act.
The Head Start Act, reauthorized for 1999 through 2003,
includes several new activities designed to improve the
performance of Head Start programs. For the first time, the
Head Start legislation includes the promotion of school
readiness as the primary program goal. Four results-based
measures of educational attainment are identified in the
legislation. For many low-income families, Head Start is a
critical component in efforts to prepare their children for
success in elementary school. It is important that Head Start
providers focus more attention on improving the educational
readiness of children participating in the program.
Since its inception, there has been no comprehensive,
rigorous evaluation of the Head Start program. The legislation
sets-aside substantial funds to conduct an evaluation of the
Head Start program, including a longitudinal research study
utilizing control groups and rigorous scientific methods. The
legislation increases funding for activities designed to
improve the quality of child care and expand the Early Head
Start program.
The Community Services Block Grant Act was reauthorized to
the year 2003. The legislation includes several provisions to
increase the capacity of communities to provide assistance to
low-income families and facilitate the revitalization of high
poverty neighborhoods. The 1998 reauthorization emphasizes the
continued role of charitable and religious organizations in
meeting the needs of communities and families. The Coats Human
Services Reauthorization of 1998 reauthorizes the Community
Food and Nutrition program through fiscal year 2003.
The Low-Income Home Energy Assistance Program (LIHEAP) is
reauthorized through fiscal year 2004. Because this program is
forward-funded, the program will need to be reauthorized in
2003, with the other programs included in the Coats Human
Services Act. The legislation clarifies the circumstances under
which the Department of Health and Human Services can release
emergency LIHEAP funds. In addition, funds are set-aside for
training, technical assistance and on-site compliance reviews.
The LIHEAP leveraging fund is capped at $30 million until
appropriations for the LIHEAP program reach $1.4 billion.
The new title in the Coats Human Services Reauthorization
Act of 1998 is the Assets for Independence Act. This act
establishes an Individual Development Account (IDA)
demonstration program to be carried out in several sites
throughout the country. Individual Development Accounts are
dedicated, matched savings accounts. Through IDAs, low-income
families are encouraged to save a portion of their earnings
which are matched by a sponsoring organization or unit of state
or local government. Funds withdrawn from IDAs can be used to
purchase a first home, meet the costs of post-secondary
education, capitalize a business, or respond to hardship
circumstances. This new program is authorized for five years at
$25 million a year.
[Public Law 105-285, enacted October 27, 1998. S. 2206.]
CARL D. PERKINS VOCATIONAL-TECHNICAL EDUCATION ACT AMENDMENTS
The Carl D. Perkins Vocational-Technical Education Act
Amendments will more fully develop the academic, vocational,
and technical skills of secondary and postsecondary students
who choose to enroll in vocational and technical education.
This measure will build on the efforts of States and localities
to develop challenging academic standards, promote integration
of academic and vocational and technical instruction, increase
State and local flexibility in providing vocational and
technical education, and disseminate best practices in
vocational and technical education.
[Public Law 105-332, enacted October 31, 1998. H.R. 1853
(S. 1186).]
ASSISTIVE TECHNOLOGY ACT OF 1998
The legislation provides funds to States to sustain and
strengthen their capacity to address the assistive technology
needs of individuals with disabilities; focuses the investment
in technology across Federal agencies and departments, that
could benefit individuals with disabilities; and authorizes
funding for micro-loan programs to provide assistance to
individuals who desire to purchase assistive technology devices
or services. The Act also repeals the Technology-Related
Assistance for Individuals with Disabilities Act of 1988
(U.S.C. 2201 et seq.). The legislation was introduced as the
Assistive Technology Act of 1998 (ATA), S. 2432 on September 2,
1998, was reported out of the committee on September 9, 1998.
[Public Law 105-394, enacted November 13, 1998. S. 2432.]
THE MUSEUM AND LIBRARY SERVICES
TECHNICAL AND CONFORMING AMENDMENTS OF 1997
S. 1505 makes technical and conforming amendments to the
Institute for Museum and Library Services Act which was enacted
as part of the Omnibus Appropriations Act for fiscal year 1997.
The Institute for Museum and Library Services (IMLS) is a small
but important agency that provides support for quality museum
and library programs throughout the country.
These changes to the authorizing statute will enable the
IMLS to improve upon its mission of fostering and expanding our
Nation's access to high quality museums and libraries. It
includes provisions relating to the appointment and
compensation of technical and professional employees; special
libraries; reservations of funds; clarification of maintenance
of effort; services to Native Americans; National Leadership
grants and contracts; and the correction of typographical
errors. The Congressional Budget Office determined that the
legislation was budget neutral. The legislation was introduced
on November 9, 1997, and passed by unanimous consent in the
Senate on the same day.
[Public Law 105-128, enacted December 1, 1997. S. 1505.]
BALANCED BUDGET ACT OF 1997
Title VI of the Balanced Budget Act of 1997 includes
modifications of federal student aid programs designed to
achieve savings of approximately $1.8 billion over 5 years.
Savings are achieved through: (1) Recall of $1 billion in
guaranty agency reserves; (2) Elimination of the direct lending
loan origination fee; (3) Reductions in Section 458
expenditures; and (4) Repeal of the Smith-Hughes Act. In
addition, Title VI provides for the payment of an
administrative cost allowance to guaranty agencies at .85
percent of every new loan. Those expenditures are capped at
$170 million in each of fiscal years 1998 and 1999 and at $150
million in each of fiscal years 2000, 2001, and 2002.
[Public Law 105-33, enacted August 5, 1997. H.R. 2015/S.
947]
NEED-BASED EDUCATIONAL AID ANTITRUST PROTECTION ACT OF 1997
This legislation amends the Improving America's Schools Act
to extend through September 30, 2001, a provision which permits
institutions of higher education that award financial aid
solely on the basis of need to agree on certain principles and
methods for awarding such aid. That provision had been
scheduled to expire on September 30, 1997.
The measure was approved under suspension by the House of
Representatives on June 23, 1997, and was held at the desk in
the Senate. The Senate approved the measure, with a DeWine/Kohl
amendment on July 30, 1997. The amended version was approved by
House on September 8, 1997.
[Public Law 105-43, enacted September 17, 1997. H.R. 1866]
B. Health
FOOD AND DRUG ADMINISTRATION MODERNIZATION ACT OF 1997
The Food and Drug Administration Modernization Act (FDAMA)
of 1997, S. 830, includes important reforms at the Food and
Drug Administration (FDA) to increase its efficiency, improve
its accountability to the public, and speed the delivery of
important new medical treatments to patients. The bill extends
the Prescription Drug User Fee Act for 5 years; makes long-
needed reforms in the drug and medical device review process,
and streamlines several food labeling requirements and food
additive approval processes to improve information and products
available to consumers. The committee approved a substitute to
S. 830, with amendments on June 18, 1997, by a vote of 14-4.
The Senate approved a substitute to the committee-reported
bill, with amendments on September 24, 1997, by a vote of 98-2.
The Senate approved the report of the committee on conference
on S. 830 (report 105-399) on November 9, 1997, by voice vote.
[Public Law 105-115, enacted 11/21/97, S. 830.]
RICKY RAY HEMOPHILIA RELIEF FUND ACT OF 1997
The Ricky Ray Hemophilia Relief Fund Act provides for
compassionate payments with regard to individuals with blood-
clotting disorders, such as hemophilia, who contracted human
immunodeficiency virus due to contaminated blood products.
The measure specifies that any individual who submits to
the Attorney General written medical documentation that the
individual has a human immunodeficiency virus (HIV) infection
shall receive $125,000 from amounts available in the Fund if
the individual: (1) has a blood-clotting disorder and was
treated with blood-clotting agents between January 1, 1980, and
December 31, 1987; (2) is the lawful spouse of such individual
or the former lawful spouse and was the lawful spouse of the
individual at any time after a date within such period on which
the individual was treated; or (3) acquired the HIV infection
through perinatal transmission from a parent who is such an
individual.
[Public Law 105-369, enacted 11/12/98. H.R. 1023 (S. 358,
S. 2564).]
BONE MARROW REGISTRY REAUTHORIZATION ACT OF 1998
The National Bone Marrow Registry Reauthorization Act of
1998, amends the Public Health Service Act to set forth the
purpose of the National Bone Marrow Donor Registry and impose
requirements regarding its board of directors. It also sets
forth program functions, including collection, analysis, and
publication of data on donor searches. S. 2150 addressed the
need for increasing the number and availability of minority
donors, establishes an Office of Patient Advocacy and provides
services for those volunteering as potential donors.
[Public Law: 105-196, enacted 7/16/98. H.R. 2202, (S.
2150)]
BIRTH DEFECTS PREVENTION ACT OF 1998
The Birth Defects Prevention Act provides for the Centers
for Disease Control and Prevention, to carry out programs to:
(1) collect and analyze, and make available data on birth
defects; (2) operate regional centers for the conduct of
applied epidemiological research on the prevention of such
defects; and (3) provide information and education to the
public on the prevention of such defects. It provides for a
National Information Clearinghouse on Birth Defects to collect
and disseminate to health professionals and to the public
information on birth defects, including the prevention of such
defects.
[Public Law 105-168, enacted 4/21/98, S. 419.]
WOMEN'S HEALTH RESEARCH AND PREVENTION ACT OF 1998
The Women's Health Research and Prevention Act revises and
extends certain programs with respect to women's health
research and prevention activities at the National Institutes
of Health (NIH) and the Centers for Disease Control and
Prevention (CDC). Among the initiatives addressed by the
legislation are: breast, ovarian, and related cancer research;
heart attack, stroke and other cardiovascular diseases in
women; and osteoporosis, Paget's disease, and related bone
disorders. Also included is an extension of grants dealing with
community programs on domestic violence.
[Public Law 105-340, enacted 10/31/98, S. 1722.]
HRALTH PROFESSIONS EDUCATION PARTNERSHIPS ACT OF 1998
The Health Professions Education Partnerships Act
reauthorizes and consolidates the health care training programs
contained in Titles VII and VIII of the Public Health Services
Act. The legislation provides comprehensive, flexible, and
effective authority for the support of health professions
training programs and the related community-based educational
partnerships.
The Act also establishes a comprehensive Fetal Alcohol
Syndrome and Fetal Alcohol Effect prevention, intervention, and
services delivery program. It requires that the program include
an education and public awareness program, a prevention and
diagnosis program, and an applied research program.
[Public Law 105-392, enacted 11/13/98, S. 1754.]
MAMMOGRAPHY QUALITY STANDARDS REAUTHORIZATION OF 1997
The Mammography Quality Standards Reauthorization Act is
designed to improve and facilitate the review, inspection, and
certification of mammography facilities. It provides
mammography quality standards and requires that women be
notified of their mammogram test results in understandable
terms. It sets forth procedures for facilities inspection for
compliance with certification requirements, requires that
certification denials follow specific appeals procedures; and
modifies mammogram record retention requirements.
To ensure patient safety, it requires facilities to notify
patients who received mammograms if the Secretary determines
the quality was so inconsistent with standards as to present a
significant risk to the individual or public health. To ensure
compliance, the Act authorizes civil money penalties and
revocation and suspension of certification for failure to
comply with an accreditation body's requests for records or
materials.
[Public Law 105-248, enacted 10/9/98, H.R. 4382]
C. Labor
THE AMY SOMERS VOLUNTEER FOOD BANKS ACT
The Amy Somers Volunteer Food Banks Act, H.R. 3152, amends
the Fair Labor Standards Act (FLSA) of 1938 to clarify that
persons who help out a food bank on a volunteer basis and
receive groceries from the food bank are not considered
employees of that food bank under the FLSA. The legislation
clarifies the employment status of food bank volunteers so that
non-profit food banks are able to continue to provide
volunteers with food assistance.
[Public Law 105-221, enacted 8/7 /98. H.R. 3152]
THE DRIVE FOR TEEN EMPLOYMENT ACT
The Drive for Teen Employment Act allows minors who are
covered by the child labor provisions of the Fair Labor
Standards Act of 1938 to drive on public roads under limited
circumstances. The legislation permits employees who are at
least 17 years of age and hold a valid drivers license to drive
as part of their employment under restrictive conditions
including that the driving: (1) is done during daylight hours;
(2) is contained to a 30-mile radius; and (3) does not exceed
more than one-third of an employee's work time in any workday,
nor more than 20 percent of an employee's work time in any
workweek.
[Public Law 105-334, enacted 10/31/98. H.R. 2327]
INVESTMENT ADVISERS
S. 1227 amended title I of the Employee Retirement Income
Security Act of 1974 (ERISA) to clarify the treatment of
investment advisors under the Act. The bill was needed to
correct an error in title III, section 308 of the National
Securities Market Improvement Act of 1996 (the Banking bill),
landmark bipartisan legislation that bifurcated the treatment
of investment managers for purposes of ERISA. Large investment
advisors, meaning those with over $25 million in client assets
were required to continue to be registered with the SEC. Small
investment advisors, however, were prohibited from registering
with the SEC and were instead required to register with the
states. Because ERISA requires all investment managers to be
registered with the SEC, this bifurcation would have
disqualified so-called small investment managers. S. 1227
clarified that investment advisors who are prohibited from
registering with the SEC are not disqualified from handling
ERISA assets.
[Public Law 105-72, enacted 11/10/97. S. 1227.]
SAVINGS ARE VITAL FOR EVERYONE'S RETIREMENT ACT
S. 757, the Savings Are Vital for Everyone's Retirement, or
SAVER, Act, authorized a series of bicameral, bipartisan
summits to promote the importance of retirement savings. The
legislation also required the U.S. Department of Labor to
maintain a program of public outreach and information on
retirement plans, including educational materials and a site on
the Internet to help individuals calculate their estimated
retirement savings needs based on their retirement income
goals. The first SAVER summit was held June 4 and 5, 1998. It
was attended by more than 200 delegates, who were recognized
experts in the field of retirement savings education, actuarial
sciences, financial planing, pension plan administration and
funding, advocacy for pension plan participants, insurance and
banking. Delegates met and discussed the barriers and
challenges to savings and the best practices for retirement
savings in workplaces today. The next SAVER Summit will be held
in the year 2001.
[Public Law 105-92, enacted November 20, 1997. H.R. 1377.]
OCCUPATIONAL SAFETY AND HEALTH ACT AMENDMENTS
Congress approved three pieces of legislation amending the
Occupational Safety and Health Act (Public Law 91-596). The
first two measures, H.R. 2864 and H.R. 2877, were passed by the
House of Representatives on March 17, 1998. H.R. 2864, by
authorizing the Occupational Safety and Health Administration
(OSHA) to fund State-administered employer consultation
programs, codified an existing OSHA initiative. The legislation
permits employers to remedy possible violations discovered by
the State consultants, without being subjected to OSH Act
penalties. [Public Law 105-197, enacted 7/16/98].
The second measure, H.R. 2877, barred OSHA from utilizing
the results of enforcement activities, including inspections,
citations, and fines, in job performance reviews of its
inspectors and their supervisors. [Public Law 105-198, enacted
7/16/98].
The third bill, S. 2112, authorized OSHA to issue fines and
citations for safety violations discovered at United States
Postal Service facilities. OSHA standards already applied to
the Postal Service, but OSHA lacked the authority to issue
citations to the agency, making enforcement difficult. The
legislation also requires the Postal Service, when making a
determination to close or consolidate a facility, to consider
the impact of that action on the community and Postal Service
employees, but prohibits the Postal Service from using OSHA
compliance costs as a factor in making that determination.
[Public Law 105-241, enacted 9/28/98].
II. VETOED LEGISLATION
None
III. BILLS REPORTED FROM THE LABOR AND HUMAN RESOURCES COMMITTEE IN THE
105TH CONGRESS NOT ENACTED INTO LAW
A. Education
EDUCATION FLEXIBILITY AMENDMENTS OF 1998
The Education Flexibility Amendments of 1998, S. 2213, were
reported by the committee on July 30, 1998, by a vote of 17 to
1. The full Senate did not consider this legislation prior to
the close of the 105th Congress. This legislation would expand
the Education Flexibility Partnership Demonstration Program to
permit all 50 States the opportunity to participate. Currently,
12 State participate in the demonstration program--which
permits the waiver of certain Federal requirements related to
elementary and secondary education programs in exchange for
stronger accountability.
ARTS AND HUMANITIES AMENDMENTS OF 1997
S. 1020, The Arts and Humanities Amendments of 1997, would
reauthorize the National Endowment for the Arts (NEA) and the
National Endowment for the Humanities (NEH) for a period of 5
years. In addition, the legislation proposed expanding the
scope of the Arts and Artifacts Indemnity Act.
The legislation established four broad grant categories for
the NEA: Partnership Grants to States, National Significance
Grants, Direct Grants, and Arts Education and Underserved
Communities Grants, as well as three broad grant categories for
the NEH: Partnership Grants, National Significance Grants, and
Research and Scholarship Grants. In addition, the legislation
made significant changes to both agencies in an effort to
streamline operations and improve accountability. Finally, the
legislation would have expanded the scope of the Arts and
Artifacts Indemnity Act to include indemnification for
exhibitions originating in the United States and touring the
United States.
On July 23, 1997, the committee approved S. 1020 by a vote
of 14-4. The full Senate did not consider the legislation.
B. Labor
THE FAMILY FRIENDLY WORKPLACE ACT OF 1997
The Family Friendly Workplace Act of 1997, S. 4, was
designed to give private employees greater flexibility in their
work schedule. S. 4 contained four components aimed at updating
the Fair Labor Standards Act of 1938 (FLSA). The bill contained
a compensatory time provision which would enable hourly
employees the opportunity to choose to take paid leave time
instead of cash compensation for overtime work. The bill also
contained two flexible scheduling provisions: a bi-weekly work
schedules which would allow hourly employees the ability to
choose to work their 80 hours in any combination over a two-
week period as well as flexible credit-hours which would give
hourly employees the ability to work additional hours in a work
week in order to use the extra hours to shorten another week at
a later date. The bill also clarified that an employee would
not lose his or her exempt status just because he or she is
``subject to'' a deduction in pay for absences of less than a
full day or less than a full week. Only actual reductions in
pay may be considered.
On March 18, 1997, the committee voted to report S. 4 to
the full Senate by a vote of 10 to 8. The legislation was
reported with an amendment to the Senate on April 2, 1997
(Senate Report 105-11). On May 15, 1997, the Senate failed to
invoke cloture on the motion to proceed to the committee
amendment (roll call vote # 68). The cloture vote was 53-47. A
second motion to proceed to the committee amendment was held on
June 4, 1997. The Senate failed to invoke cloture in a vote of
51-47. (roll call vote #93).
TEAMWORK FOR MANAGERS AND EMPLOYEES ACT
The Teamwork for Employees and Managers Act of 1997, S.
295, would amend the National Labor Relations Act to declare
that, where no labor organization is the representative of an
employer's employees, it shall not be an unfair labor practice
for the employer to establish, assist, maintain, or participate
in an organization or entity: (1) in which employees
participate to at least the same extent as management
representatives to address matters of mutual interest
(including issues of quality, productivity, and efficiency);
and (2) which cannot negotiate, enter into, or amend collective
bargaining agreements. Such organizations or entities would be
able to address matters of mutual interest (including issues of
quality, productivity, and efficiency) but, to protect
employees' NLRA rights, would be prohibited from engaging in
collective bargaining.
The committee conducted a hearing on the bill on February
12, 1997. On February 26, 28, and March 5, 1997, the committee
considered S. 295 during executive sessions and defeated all
amendments offered to the bill. During the March 5, 1997
executive session the committee voted to report the TEAM Act
favorably. However, no further action was taken on S. 295 in
the Senate and no companion bill was reported out of committee
in the House of Representatives. [Senate Report 105-12].
SAFETY ADVANCEMENT FOR EMPLOYEES ACT
The Safety Advancement for Employees (SAFE) Act, S. 1237,
was designed to improve workplace safety by giving employers
the alternative of private-sector consultation rather than
relying on infrequent, traditional OSHA inspections. Under this
``third party consultation'' program, firms that employ a
qualified safety consultant and are certified by him/her as
being in compliance with the OSH Act will not be subject to
OSHA penalties for two years. OSHA would retain general
authority to determine the qualifications of consultants. In
addition, the traditional inspection/citation process would be
revised so that reduced fines or simply warnings could be
issued when an employer acts promptly to abate a violation
(except for willful or repeated cases).
The SAFE Act also deals with the process of establishing
safety and health standards. Before issuing a new or revised
standard, OSHA would submit its rulemaking record to the
National Academy of Sciences for a review of its use of
scientific data and methodology. OSHA would not be required to
make any changes in response, but the Academy's recommendations
would be published in the Federal Register.
On July 10, 1997, the committee held a hearing on oversight
of OSHA. On October 22, 1997, the committee voted to report the
bill favorably with only a technical amendment. The SAFE Act
was placed on the Legislative Calendar and no further action
was taken on it during the 105th Congress. [Senate Report 105-
159].
IV. OTHER BILLS UNDER THE JURISDICTION OF THE LABOR AND HUMAN RESOURCES
COMMITTEE CONSIDERED BY THE SENATE IN THE 105TH CONGRESS
Minimum Wage Increase
During the Senate's consideration of the Consumer
Bankruptcy Reform Ac of 1998, S. 1301, Senator Kennedy
introduced the Fair Minimum Wage Act as an amendment (am. #
3540) to the underlying bill. The Fair Minimum Wage Act would
have raised the minimum wage in two increments: beginning
January 1, 1999, it would have increased the minimum wage from
$5.15/hour to $5.65/hour; beginning January 1, 2000, it would
have increased the minimum wage to $6.15/hour. The amendment
was tabled by the Senate on September 22, 1998, by a roll call
vote of 55-44 (roll call vote #278).
V. LIST OF PUBLIC LAWS OF THE 105TH CONGRESS FROM THE LABOR AND HUMAN
RESOURCE COMMITTEE
P.L. 105-17 [enacted June 4, 1997], Individuals with
Disabilities Education Act Amendments of 1997. (H.R. 5/S. 717).
P.L. 105-72 [enacted November 10, 1997], clarifying
treatment of investment managers under ERISA. (S. 1227).
P.L. 105-92 [enacted November 19, 1997], The Savings are
Vital to Everyone's Retirement Act of 1997. (H.R. 1377).
P.L. 105-115 [enacted November 21, 1997], Food and Drug
Administration Modernization Act of 1997. (S. 830/H.R. 1411) .
P.L. 105-128 [enacted December 1, 1997], Institute for
Museum and Library Services Act Technical Amendments. (S.
1505).
P.L. 105-168 [enacted 4/21/98], Birth Defects Prevention
Act of 1998. (S. 419).
P.L. 105-196 [enacted 7/16/98], The Bone Marrow Registry
Reauthorization Act of 1998. (H.R. 2202/S. 2150).
P.L. 105-197 [enacted July 16, 1998], OSHA Compliance
Assistance Authorization Act. (H.R. 2864).
P.L. 105-198 [enacted July 16, 1998], barring the use of
enforcement activities or quotas in the evaluation of OSHA
employees. (H.R. 2877).
P.L. 105-207 [enacted July 29, 1998], National Science
Foundation Reauthorization. (H.R. 1273/S. 1046).
P.L. 105-220 [enacted August 7, 1998], Workforce Investment
Act of 1998. (H.R. 1385/S. 1186).
P.L. 105-221 [enacted August 7, 1998], Amy Somers Volunteer
Food Banks Act. (H.R. 3152).
P.L. 105-241 [enacted September 28, 1998], applying the
Occupational Safety and Health Act to the U.S. Postal Service.
(S. 2112).
P.L. 105-244 [enacted October 6, 1998], Higher Education
Amendments of 1998. (H.R. 6/S. 1882).
P. L. 105-248 [enacted October 14, 1998], The Mammography
Quality Standards Reauthorization of 1997. (H.R. 4382).
P.L. 105-255 [enacted October 14, 1998], Commission on the
Advancement of Women and Minorities in Science, Engineering and
Technology Development. (H.R. 3007/S. 2479).
P.L. 105-278 [enacted October 22, 1998], Charter Schools
Expansion Act of 1997. (H.R. 2616/S. 1380).
P.L. 105-285 [enacted October 27, 1998], Coats Human
Services Reauthorization Act. (S. 2206).
P.L. 105-332 [enacted October 31, 1998], Carl D. Perkins
Vocational Technical Act Amendments. (H.R. 1853/S. 1186).
P.L. 105-334 [enacted October 31, 1998], Drive for Teen
Employment Act. (H.R. 2327).
P.L. 105-340 [enacted October 31, 1998], Women's Health
Research and Prevention Act of 1998 (S. 1722).
P.L. 105-369 [enacted November 12, 1998], The Ricky Ray
Hemophilia Relief Fund Act of 1997 . (H.R. 1023 (S. 358, S.
2564).
P.L. 105-392 [enacted November 13, 1998], The Health
Professions Education Partnerships Act of 1998. (S. 1754).
P.L. 105-394 [enacted November 13, 1998], Assistive
Technology Act. (S. 2432).
VI. ANTICIPATED ACTIVITIES FOR THE 106TH CONGRESS
Among its major efforts, during the 106th Congress the
committee will focus on taking steps to improve the quality of
health care in this country. The committee will also devote
substantial time and attention to ensuring that federal
resources are being wisely spent to promote the best education
possible for our children. Finally, the committee will examine
how to strengthen the private pension system.
Health
The following is a summary of legislation and
reauthorization proposals that the committee will consider
during the 106th Congress:
PATIENTS' BILL OF RIGHTS.--The committee will examine
legislation relating to health care quality which addresses
those issues that have broad consensus and that the states are
unable to address. The legislation could include consumer
protection standards for self-funded group health plans and
information disclosure and appeals standards for all group
health plans.
MEDICAL RECORDS PRIVACY.--The current loose web of medical
records protections at the Federal and State levels that has
evolved in the absence of a comprehensive law leaves many
aspects of health information unevenly protected. If Congress
fails to enact Federal privacy legislation by August 1999, the
Secretary of Health and Human Services is required to
promulgate regulations establishing electronic privacy
standards in the year 2000. The committee will seek to develop
legislation to establish Federal standards for protecting the
privacy of medical records--without halting innovations in
health care and health research.
FOOD AND DRUG ADMINISTRATION.--The committee will continue
its oversight of FDA's implementation of the Food and Drug
Administration Modernization Act of 1997 and other general
oversight activities with regard to FDA, including the adequacy
of the agency's current procedures with regard to food imports.
HEALTH INSURANCE COVERAGE.--While the United States enjoys
one of the greatest economic growth periods in our history, the
number of people without health insurance rose sharply last
year to 43.4 million, up 1.7 million from the previous year
according a recent report by the Census Bureau. The share of
the population without health insurance increased from 15.6
percent in 1996 to 16.1 percent in 1997. The committee will
monitor the health insurance coverage status of individuals
under 65 years old, with a special emphasis on the coverage
status of low-income working Americans.
HEALTH CARE EXPENDITURES.--A recent study by the Health
Care Financing Administration (HCFA) indicates that the
Nation's health spending will more than double, from $1
trillion in 1996 to $2.1 trillion in 2007. Health spending as a
share of gross domestic product (GDP) is expected to increase
from 13.6 percent to 16.6 percent. The committee will monitor
the growth in national health spending, with a particular focus
on the future of technology in medicine.
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996
(HIPAA).--The 104th Congress enacted the Kassebaum/Kennedy
legislation, also known as the Health Insurance Portability and
Accountability Act of 1996 (HIPAA). The oversight and
enforcement roles of Federal and State agencies relating to
HIPAA have not yet been fully determined. In the five States
that have failed to or chosen not to pass the legislation
required by HIPAA (California, Massachusetts, Michigan, Rhode
Island, and Missouri), HCFA is now required to act as insurance
regulator for the state HIPAA provisions. The committee will
continuing its monitoring of the implementation of HIPAA.
Education
The primary education focus of the committee during the
106th Congress will be the reauthorization of the Elementary
and Secondary Education Act. This act authorizes Federal
programs providing assistance for elementary and secondary
education, including the Title I program which supports
compensatory education, the Eisenhower professional development
program, and Safe and Drug-Free Schools and Communities.
Reauthorization issues will include an examination of: (1)
the respective roles of local, State, and the Federal
Governments in elementary and secondary education in an effort
to clarify and, where appropriate, reassign responsibilities;
(2) measures by which the quality of the teaching force can be
improved, with an emphasis on providing for a coordinated
strategy for in-service training which builds upon and
complements the comprehensive teacher training initiative
included in Title II of the Higher Education Amendments of
1998; (3) means by which Federal elementary and secondary
education programs can be streamlined or consolidated; and (4)
the most effective means by which the Federal government can
assist in the promotion and assessment of student performance.
The committee will also consider education flexibility
legislation as one of the first items of business in the 106th
Congress. This legislation would expand the Education
Flexibility Partnership Demonstration Program to permit all 50
States the opportunity to participate. Currently, 12 States
participate in the demonstration program--which permits the
waiver of certain Federal requirements related to elementary
and secondary education programs in exchange for stronger
accountability. The Education Flexibility Amendments of 1998
(S. 2213) were reported by the committee on July 30, 1998, by a
vote of 17 to 1. The full Senate did not consider this
legislation prior to the close of the 105th Congress.
In addition to the reauthorization of the Elementary and
Secondary Education Act, the committee may consider additional
reauthorizations listed below.
OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT (OERI).--
This act authorizes Federal education research programs.
Entities authorized under the act include the Office of
Educational Research and Improvement; National Center for
Education Statistics; National Education Library; and Education
Resources Information Clearinghouses (ERIC). The committee will
give particular attention to identifying means by which timely
and relevant research findings can be made available to
practitioners and policy makers.
NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS (NAEP).--NAEP
offers subject-by-subject reports on the status of students and
trends in student learning over time. It is the only national
measure of what American students know and can do.
GOALS 2000: EDUCATE AMERICA ACT.--This act authorizes
grants to States and local communities for elementary and
secondary education reform activities. The committee will
examine the impact of Goals 2000 at the national, State, and
local levels. The committee will also consider whether these
activities should be consolidated with other elementary and
secondary education initiatives.
NATIONAL AND COMMUNITY SERVICE ACT.--This act authorizes
the administration of national and community service programs
and also includes authorization for Federal domestic volunteer
service programs administered by the ACTION agency (VISTA,
Foster Grandparents, Senior Companions).
NATIONAL FOUNDATION FOR THE ARTS AND HUMANITIES ACT.--This
act authorizes the National Endowment for the Arts (NEA), the
National Endowment for the Humanities (NEH), and the Institute
for Museum/- and Library Services (IMLS).
Disability Policy
The committee intends to reauthorize the Developmental
Disabilities Assistance and Bill of Rights Act (DD Act). This
Act promotes independence, productivity, integration, and
inclusion in community life of individuals with disabilities.
It authorizes funding for: State developmental disability
councils to develop comprehensive services to individuals with
developmental disabilities and their families, legal and
advocacy services for such individuals and their families,
personnel training, as well as projects of national
significance. Unless reauthorized, this legislation expires
September 30, 1999. The committee intends to reauthorize the
Families of Children with Disabilities Support Act of 1994, the
authorization for which expired on September 30, 1998, as part
of the DD Act.
Other Oversight Activities
The committee expects to examine several other issues,
including:
ADVERSE DRUG EVENTS.--The committee will work with the
General Accounting Office to examine the Federal and non-
Federal entities that make up the current system of adverse
drug event reporting, post-market surveillance, and prevention.
DRUG PRICE COMPETITION AND PATENT TERM RESTORATION ACT.--
The committee will examine the adequacy of the current market
exclusivity provisions of the Food, Drug, and Cosmetics Act
with regard to the incentives to bring new therapies to market,
and the adequacy of the current generic drug approval process
under the Act with regard to providing timely and predictable
market entry for safe, generic equivalents to brand drugs.
HIGHER EDUCATION AMENDMENTS OF 1998.--The committee intends
to monitor the implementation of the Higher Education Act
Amendments of 1998, including examination of the effect of the
Y2K problem on the financial aid system--both within the
Department of Education and the postsecondary institutions
involved in various aspects of student assistance programs.
INDIVIDUALS WITH DISABILITIES EDUCATION ACT OF 1997.--The
committee intends to monitor the implementation of this act,
both at the Federal level, particularly with respect to the
promulgation of regulations by the Department of Education, and
at the local level.
RETIREMENT SECURITY.--The committee will investigate the
strengths and weaknesses of our current private retirement
system, and will seek ways to improve both the security and
soundness of the system, while expanding it to a greater number
of individuals. With the strain on the Social Security system
that will inevitably result from demographic changes over the
next few decades, it is imperative that Congress act to shore
up the other components of retirement income, namely private
pension plans and retirement savings plans.
Committee Printing
The committee printed a total of 101 copies of hearings and
committee prints during the 105th Congress. These encompassed
16,675 volumes, and consisted of 2,082,800 pages. The committee
also bound 14 volumes of executive meetings of the 105th
Congress for its permanent record. The committee also has on
Micro Fiche the legislative hearings, bills, and public laws.
APPENDIX
I. REPORTS OF THE SUBCOMMITTEES, COMMITTEE ON LABOR AND HUMAN RESOURCES
CHILDREN AND FAMILIES
Subcommittee on Children and Families
Dan Coats, Chairman
The Subcommittee on Children and Families, chaired by
Senator Judd Gregg, has jurisdiction over a variety of Federal
programs related to children and families. During the 105th
Congress, the subcommittee focused its efforts on the COATS
Human Services Reauthorization Act of 1998 which reauthorized
and made improvements in the Head Start Act, the Low-Income
Energy Assistance Act of 1981, and the Community Services Block
Grant Act. The legislation also established the Assets for
Independence Act which provides support for projects designed
to provide an opportunity for persons with limited means to
accumulate assets.
During the course of the 105th Congress, the subcommittee
also conducted six hearings on a variety of child and family
related issues. The subcommittee was particularly interested in
facilitating a discussion on the critical issues surrounding
the care and education of children with particular emphasis on
(1) maximizing parental choice while recognizing the diverse
child care needs of children and families, (2) maintaining
local control over the design and implementation of successful
early learning programs, and (3) improving the coordination,
quality, and accountability of such programs.
LEGISLATION CONSIDERED BY THE SUBCOMMITTEE
The subcommittee considered the following legislation
during the 105th Congress:
S. 2206, the COATS Human Services Reauthorization Act of
1998, reauthorizes and makes improvements in the Head Start
Act, the Community Services Block Grant Act, and the Low-Income
Home Energy Assistance Act of 1981. The legislation also
establishes demonstration projects that provide an opportunity
for persons with limited means to accumulate assets. The bill
was introduced by Senators Coats, Dodd, Jeffords, and Kennedy
on June 22, 1998, and was ordered reported with an amendment in
the nature of a substitute on July 21, 1998 (Rep. No. 105-256).
On July 27, 1998, the bill was laid before the Senate by
unanimous consent. An amendment proposed by Senator Coats was
adopted by unanimous consent and the bill subsequently passed
the Senate by unanimous consent. On October 8, 1998 the Senate
agreed to the Conference Report to S. 2206 by unanimous
consent. S. 2206 was signed into law on October 27, 1998 (P.L.
105-285).
HEARINGS CONDUCTED BY THE SUBCOMMITTEE
Pre to 3: Policy Implications of Child Brain Development--
June 5, 1997. Examining the status of medical and scientific
findings into prenatal and postnatal brain development and
implications that Federal policies have on childhood
development.
Workplace Religious Freedom Act--October 21, 1997.
Examining S. 1124, a bill to amend Title VII of the Civil
Rights Act of 1964 to establish provisions with respect to
religious accommodation in employment, and for other purposes.
Caring for America's Children: A Congressional Symposium on
Child Care and Parenting--February 23, 1998. Examining three
vital questions which should be addressed before action is
taken by this Congress concerning the care of our Nation's
children. First, what is best for children? Second, what do
families really want? And third, what truly effective steps can
be taken to enable families to provide the best care they can
for their children?
School Age Care: Creative Solutions for Out-of-School
Care--March 5, 1998. Examining proposals to coordinate Federal
and State efforts to establish increased programs to provide
after school care for children, including S. 882, to improve
academic and social outcomes for students by providing
productive activities during after school hours.
Head Start: Is it Making a Difference? Can It Be
Improved?--March 26, 1998. Examining proposed legislation
authorizing funds through fiscal year 2002 for the Head Start
program, focusing on Head Start's impact on children and their
families.
The Community Services Block Grant: Expanding Opportunities
for Community and Neighborhood Partnerships--May 5, 1998.
Examining proposals to expand opportunities for community and
neighborhood partnerships through the Community Services Block
grant program.
ANTICIPATED ACTIVITIES FOR THE 106TH CONGRESS
The subcommittee's top legislative priority includes the
reauthorization of the Child Abuse Prevention and Treatment
Act, Family Violence Prevention and Services Act, Adoption
Opportunities Act, Community Based Family Resource and Support
Grants, and the Abandoned Infants Assistance Act. The
subcommittee intends to conduct several oversight hearings on
these programs as we prepare for their FY 2000 reauthorization.
The subcommittee is also planning hearings which may
include the following:
Child Exploitation in America and Abroad; Eliminating
Internet Child Pornography: Where Do We Go From Here; Federal
Programs for Children: What Works and What Doesn't; and
Children in Crisis: What Have We Learned About Child Abuse?
The subcommittee is also likely to conduct oversight
hearings to examine the implementation of the Child Abuse
Prevention and Treatment Act, the implementation of the Family
and Medical Leave Act, and the implementation of the Multi-
ethnic Placement Act.
AGING
Subcommittee on Aging
Judd Gregg, Chairman
The Subcommittee on Aging has legislative jurisdiction over
the Older Americans Act. During the 105th Congress, the
subcommittee pursued improvements in legislation affecting
older citizens, and monitored other issues of concern to older
Americans and their families.
LEGISLATIVE ACTIVITIES IN THE 105TH CONGRESS
The subcommittee held a hearing on June 5, 1997 on the
challenges of Alzheimer's disease. Specifically, ``Meeting the
Challenges of Alzheimer's Disease: The Biomedical Research that
will carry us into the 21st Century,'' addressed the scientific
developments relating to disease research and the advances that
have been made in understanding, treating and developing a cure
for Alzheimer's disease. Among the witnesses were Dr. Richard
J. Hodes, Director of the National Institute on Aging, National
Institutes of Health, and Dr. Zaven Khachaturian, Director of
the Ronald and Nancy Reagan Institute of the Alzheimer's
Association. The subcommittee learned the prospects for
providing hope to Alzheimer's victims and their families. In
the final months of the 105th Congress, the subcommittee was
involved in transferring to the Administration on Aging the
Alzheimer's Disease Demonstration Grants to States program to
support these worthwhile initiatives. This coordination of
research will help meet the many challenges facing victims of
Alzheimers and their caregivers.
The reauthorization of the Older Americans Act, and the
development of priorities and legislation, remained the
subcommittee's main focus during the 105th Congress. The
subcommittee convened congressional staff briefings concerning
the status of the reauthorization legislation. With the
assistance of the Congressional Research Service, the
subcommittee provided an overview of the great needs of older
Americans and the opportunities offered under the Older
Americans Act, the legislative history of the Act including the
various proposals from the previous Congress, and the work of
the subcommittee to retool the Act to meet the needs of the
21st Century. Senator Gregg and subcommittee staff also met
with a wide array of organizations, Administration officials
and Congressional offices, to examine how best to streamline,
modernize and enhance the quality of services and care under
the various titles of the Older Americans Act.
Other Older Americans Act related activities included the
release of an update of a November 1995 study by the GAO,
``Department of Labor: Senior Community Service Employment
Program Delivery Could be Improved through Legislative and
Administrative Actions.'' The update had been requested by
Senator Gregg as part of the subcommittee's consideration of
the reauthorization of the Older Americans Act. The
subcommittee continued to be disturbed by indications that the
Senior Community Service Employment Program was operating
inefficiently and that the Department of Labor was not properly
overseeing the program. Addressing these concerns was a
priority for Senator Gregg.
ANTICIPATED ACTIVITIES FOR THE 106TH CONGRESS
The subcommittee plans to address a wide range of issues
affecting older Americans, with a primary focus on
reauthorizing the Older Americans Act. Toward that end, the
subcommittee will hold numerous hearing dealing with different
portion of the Older Americans Act including nutrition
programming, elder abuse, and the Act's jobs program (including
ways to connect the program to the recently passed Workforce
Investment Act's system of One-Stops). While most hearings will
be in Washington, DC some will be held outside of Washington in
an effort to learn State perspectives on such issues. Other
areas the subcommittee may address include inter-generational
issues and how technology and the Internet can be incorporated
into the current Federal and State aging systems.
PUBLIC HEALTH AND SAFETY
Subcommittee on Public Health and Safety
Bill Frist, M.D., Chairman
The Subcommittee on Public Health and Safety has
authorizing jurisdiction and oversight of Federal health
programs in the Public Health Service Act. These include the
National Institutes of Health, Centers for Disease Control and
Prevention, National Organ Transplant Act, National Marrow
Donor Program, Agency for Health Care Policy and Research,
Substance Abuse and Mental Health Services Administration, the
Ryan White AIDS Act, community health centers and health
professions education programs. In addition, the subcommittee
has authorizing jurisdiction and oversight of the Occupational
Safety and Health Act (OSHA) and the Mine Safety and Health Act
(MSHA).
LEGISLATION CONSIDERED BY THE SUBCOMMITTEE
As chairman of the subcommittee, Senator Frist introduced
legislation to reauthorize the Agency for Health Care Policy
and Research (S. 2208), the National Marrow Donor Program (S.
2150), the Nurse Education Act and title VII health professions
education programs (S. 1754) and numerous women's health
programs at the National Institutes of Health and the Centers
for Disease Control and Prevention (S. 1722).
More than 25 public health programs were reauthorized by
Congress. These programs were included in the following
legislation considered by the subcommittee during the 105th
Congress:
S. 1722, the Women's Health Research and Prevention
Amendments of 1998 revises and extends certain programs with
respect to women's health research and prevention activities at
the National Institutes of Health and the Centers for Disease
Control and Prevention. The bill was introduced by Senators
Frist, Lott and others on March 6, 1998, and was discharged by
unanimous consent by the Committee on Labor and Human Resources
with an amendment in the nature of a substitute on October 12,
1999, and subsequently passed the Senate by unanimous consent.
On October 13, 1998, the House passed S. 1722 under suspension
of the rules and cleared the bill for White House approval. S.
1722 was signed into law on October 31, 1998 (P.L. 105-340).
S. 1754, the Health Professions Education Partnerships Act
of 1998 reauthorizes and consolidates health professions,
nursing, and disadvantaged health education programs. The bill
was introduced by Senators Frist, Kennedy, Jeffords, and
Bingaman on March 12, 1998, and was ordered reported with an
amendment in the nature of a substitute by the Committee on
Labor and Human Resources on June 23, 1998. (Rep. No. 105-220).
On July 31, 1998, the bill was laid before the Senate by
unanimous consent. Two amendments proposed by Senator Frist and
Senator Daschle were adopted by unanimous consent and the bill
subsequently passed the Senate by unanimous consent. On October
14, 1998, the Senate agreed to the House amendment to S. 1754
by unanimous consent and cleared the bill for White House
approval. S. 1754 was signed into law on November 13, 1998
(P.L. 105-392).
S. 2150, the National Bone Marrow Registry Reauthorization
Act of 1998 reauthorizes the National Marrow Donor Program
which began in 1987. S. 2150 addressed the need for increasing
the number and availability of minority donors, establishes an
Office of Patient Advocacy and provides services for those
volunteering as potential donors. The bill was introduced by
Senators Frist, Jeffords, Kennedy, Wellstone and Mikulski on
June 9, 1998 as a companion to H.R. 2202 introduced by
Congressman Young. H.R. 2202, as amended by the House Committee
on Commerce, passed the House of Representatives under
suspension of the rules on May 19, 1998. H.R. 2202 was
discharged by unanimous consent by the Committee on Labor and
Human Resources on June 24, 1998 and subsequently passed the
Senate by unanimous consent clearing the bill for White House
approval. H.R. 2202 was signed into law on July 16, 1998 (P.L.
105-196).
HEARINGS CONDUCTED BY THE SUBCOMMITTEE
During the course of the 105th Congress the subcommittee
conducted more than fifteen hearings on a variety of public
health and safety related issues. Most hearings focused on
issues to advance the reauthorization of several expired
authorities for public health programs, including the National
Institutes of Health and the Agency for Health Care Policy and
Research. Of particular interest to the subcommittee were the
ethics and public policy concerns surrounding emerging cloning
technology and global health as it relates to the U.S. response
to infectious disease. In addition, the subcommittee held two
joint hearings with the House Committee on Commerce to examine
issues related to reauthorization of the National Marrow Donor
Program and the organ allocation regulations proposed by the
U.S. Department of Health and Human Services.
ANTICIPATED ACTIVITIES FOR THE 106TH CONGRESS
In the reorganization of the Labor and Human Resources
Committee at the outset of the 106th Congress, the functions of
the Subcommittee on Public Health and Safety related to OSHA
and MSHA were transferred to the Subcommittee on Employment,
Safety, and Training. The subcommittee was renamed the
Subcommittee on Public Health.
Priorities for the subcommittee in the 106th Congress will
include: reform of the Agency for Health Care Policy and
Research to refocus it on the improvement of health care
quality; reauthorization of the Substance Abuse and Mental
Health Services Administration which provides grants to state
and local programs supporting drug and alcohol abuse treatment,
mental health services and homeless programs; and continued
oversight of the National Institutes of Health, especially the
agency's process for setting research priorities, its
coordination of research on emerging technologies and
activities to promote clinical research. In addition, the
subcommittee will focus on global health issues, such as
emerging infectious diseases, bioterrorism, and the increasing
threat to public health of drug-resistant microbes.
EMPLOYMENT AND TRAINING
Subcommittee on Employment and Training
Mike DeWine, Chairman
The Subcommittee on Employment and Training has authorizing
jurisdiction over statutes governing labor standards, labor
management relations, and employment and training policy. These
include the Fair Labor Standards Act, the National Labor
Relations Act, employment discrimination law and programs
providing training for dislocated and disadvantaged
individuals.
LEGISLATION CONSIDERED BY THE SUBCOMMITTEE
As chairman of the subcommittee, Senator DeWine introduced
S. 1186, the Workforce Improvement Partnership Act, which was
designed to consolidate, coordinate, and improve employment,
training, adult and family literacy, and vocational
rehabilitation programs. The subcommittee held several hearings
on the components of the legislation, which was renamed the
Workforce Investment Act and signed into law on August 7, 1998.
Title 1 of the Workforce Investment Act authorizes a new
workforce investment system to replace that erected by the Job
Training Partnership Act. State workforce investment boards
will be established and States will develop five-year strategic
plans. In addition, local workforce boards will also be
established. Both the State and local workforce boards will
oversee a broad array of employment and training services for
youth, adults, and dislocated workers. Title 1 also authorizes
an accountability system to ensure that the needs of
individuals seeking employment and training services are met.
A number of national programs are also included in the
Workforce Investment Act. These include: Job Corps; Native
American job training programs; Migrant and Seasonal Farm
worker employment and training activities; veterans' workforce
investment programs; youth opportunity grants; technical
assistance for States and local areas; demonstration and pilot
initiatives, and National Emergency grants.
Title 2 of WIA reauthorizes Adult Education and Literacy
programs which will now be coordinated with job training and
employment programs. Title 2 encourages States to develop an
array of literacy programs which include: adult education and
literacy services; English literacy programs; workplace
literacy initiatives; and family literacy programs.
The legislation also included reforms to the Rehabilitation
Act, which supports job training of and employment-related
supports to individuals with disabilities. In addition, it
links vocational rehabilitation services to those that will be
available under State workforce systems now and under the
Workforce Investment Act of 1998. The amendments also simplify
access to vocational rehabilitation services; streamline the
administration of the vocational rehabilitation program; make
improvements in discretionary programs related to personnel
training, research, and demonstration projects; and provide
greater access to information technology.
The vocational education provisions of S. 1186 were dropped
in conference with the House and were conferenced and enacted
as part of separate legislation.
The subcommittee also held hearings on legislation to
update the Fair Labor Standards Act to provide greater
flexibility to employees to arrange their work schedule so as
to balance competing demands on their time in the manner that
such flexibility has been available to Federal, State and local
workers.
The Family Friendly Workplace Act of 1997, S. 4, was
designed to give private employees greater flexibility in their
work schedule. S. 4 contained four components aimed at updating
the Fair Labor Standards Act of 1938 (FLSA). The bill contained
a compensatory time provision which would enable hourly
employees the opportunity to choose to take paid leave time
instead of cash compensation for overtime work. The bill also
contained two flexible scheduling provisions: a bi-weekly work
schedules which would allow hourly employees the ability to
choose to work their 80 hours in any combination over a 2-week
period as well as flexible credit-hours which would give hourly
employees the ability to work additional hours in a work week
in order to use the extra hours to shorten another week at a
later date. The bill also permitted employees to take voluntary
partial day unpaid leave without affecting their status under
the FLSA.
The legislation was ordered reported by the committee, but
the Senate failed in two attempts to invoke cloture so as to
permit its consideration.
ANTICIPATED ACTIVITIES FOR THE 106TH CONGRESS
In the reorganization of the Labor and Human Resources
Committee at the outset of the 106th Congress, jurisdiction
over the Occupational Safety and Health Act and the Mine Safety
and Health Act was transferred from the Subcommittee on Public
Health and Safety to the Subcommittee on Employment and
Training, which was redesignated as the Subcommittee on
Employment, Safety, and Training.
The subcommittee will make a high priority of improving the
effectiveness of our safety and health statutes. Activity will
focus on the Safety Advancement for Employees Act, which would
primarily allow employers access to OSHA-qualified third party
safety professionals to help improve the safety of their
workplaces. The subcommittee will also examine the Mine Safety
and Health Act, which has not been the subject of significant
oversight for several years. In addition, the subcommittee will
continue the oversight efforts of the 105th Congress with
respect to the National Labor Relations Act and the Workforce
Investment Act enacted during the 105th Congress.