[Congressional Record Volume 140, Number 138 (Wednesday, September 28, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 28, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION AND 
      RELATED AGENCIES APPROPRIATIONS ACT, 1995--CONFERENCE REPORT

  The Senate resumed consideration of the conference report.

       Pending: House amendment to Senate amendment No. 148.

  Mr. HARKIN. Mr. President, what is the pending business before the 
Senate?
  The PRESIDING OFFICER (Mr. Robb). The pending business is the 
conference report on the Departments of Labor and Health and Human 
Services.
  Mr. HARKIN. Mr. President, I just have one item.


                    international education program

  Mr. HARKIN. Mr. President, I say to the Senator from Rhode Island 
[Mr. Pell], we are pleased to be able to provide support in the amount 
of $3 million in fiscal year 1995 for the International Education 
Program in title VI of the Goals 2000: Educate America Act. Since this 
sum is $7 million less than the authorization of $10 million for fiscal 
year 1995, we would appreciate any guidance that the Senator, as 
chairman of the Education Subcommittee and author of this legislation, 
might be able to provide on the use of these funds.
  Mr. PELL. Mr. President, at the outset, I want to express my deepest 
appreciation for the strong support the Senator has given this 
important program. Without his leadership, we would not be on the 
threshold of beginning an important program to aid the emerging 
democracies of Central Europe and the New Independent States that were 
formerly part of the Soviet Union.
  I also appreciate the opportunity to clarify the intent of the 
authorizers of this legislation. As Senators know, the program is 
intended to provide a coordinated education and exchange program among 
highly successful civic and economic education programs in the United 
States and leaders in the same fields from Central Europe and the New 
Independent States which were part of the former Soviet Union. Although 
the legislation authorizes the U.S. Department of Education to make up 
to three grants each in the fields of civic education and economic 
education, we believe, in light of the limited appropriations, that the 
Department should award only one grant in each area--one in civic 
education and one in economic education. Each grant should be awarded 
on a competitive basis to the most qualified organization or consortium 
in each field. We believe a single grant is important in order to make 
sure that the program undertaken is of sufficient size and scope to be 
effective in accomplishing the objectives of this program.
  Mr. HARKIN. Since I also serve as a member of authorizing 
subcommittee, I both understand and agree with the clarification the 
Senator has provided and will be pleased to advise the Department 
accordingly.
  I yield the floor.
  Mr. METZENBAUM addressed the Chair.
  The PRESIDING OFFICER. The Senator from Ohio.
  Mr. METZENBAUM. Mr. President, last evening, in discussion with the 
manager of the Labor-HHS appropriations bill, who I might say has done 
a magnificent job in bringing this matter to the floor as well as on 
the floor, I indicated that I was prepared to offer an amendment having 
to do with the issue of baseball, having to do with removing the 
antitrust exemption from the law so far as the pending issue was 
concerned and giving the players the right to go into court. It would 
be a limited exemption from the antitrust laws. The players had 
indicated and have indicated that, if that legislation is passed, they 
would be prepared to go back to work.
  I think the American people want to see baseball played. I do not 
think we can have a World Series anymore this year, but I think there 
is a real concern about whether the players will go into spring 
training. And if that not be the case, we might have a total shutdown 
of professional baseball in this country.
  The question last night had to do with an amendment that I was 
prepared to offer and whether or not it was germane. The Senator from 
Nebraska had indicated he had objections and would probably move to 
table it. In the interim, there have been some new developments. I am 
informed that the House subcommittee on this issue intends to report 
out a bill pretty much similar to the legislation that Senator Hatch 
and I have offered in the Senate and that there is every likelihood the 
House Judiciary Committee, if it comes out of the subcommittee, then 
would move forward with the passage of that legislation through the 
House, or at least report it to the floor for passage.
  Those being the circumstances and not wishing to delay my colleague, 
Senator Harkin's efforts in connection with the passage of this bill 
and knowing that the D.C. appropriations bill is standing in line to 
come to the floor, and having been advised by the Parliamentarian that 
the question of germaneness is probably equally applicable to putting 
it on this bill or that bill, I do not want to stand in the way of 
passing the Labor-HHS bill. I think it is a very critical piece of 
legislation. I think it is a very important piece of legislation. I 
think those who have managed it, Senator Harkin and Senator Specter, 
have done a good job. And so I just want to say I will not offer it, 
but I will offer it, in connection with Senator Hatch as well as other 
cosponsors, on the D.C. appropriations bill.
  I wish the managers of this bill good luck.
  Mr. SPECTER. Mr. President, I am delighted to hear the statement by 
the distinguished Senator from Ohio [Mr. Metzenbaum]. I thank him for 
that. It is true that if we do not proceed now to finish this bill, 
there will be a very substantial impact on the important accounts in 
education, health and human services and labor, taking the lower figure 
between the 1994 budget and the conference report.
  I share the sentiments that the Senator from Ohio has expressed about 
baseball. He and I have worked on the Judiciary Committee during my 14 
years here, and we were very deeply involved in the antitrust issue way 
back in 1981 when the Oakland Raiders moved to Los Angeles, and we had 
Judiciary Committee hearings to discuss the issue in great depth and 
have on many occasions since--back in 1984 when the Eagles were about 
to move to Phoenix.
  My own view is that professional sports has a status of being 
affected with the public interest, so that the fans have a very unique 
interest in baseball and in football, and those sports and others enjoy 
a special status under the antitrust laws--full exemption for baseball, 
which was founded on an opinion by Justice Holmes in 1922 that baseball 
was a sport, a situation which has long since changed and admitted by 
all the participants in baseball itself.
  We have had the issue come up as to football and its limited 
antitrust exemption as to pay-per-view on the Super Bowl and have 
gotten concessions from the leaders of the league. Former Commissioner 
Rozelle, now Commissioner Tagliabue, have made a commitment as to the 
year 2000.
  There is no doubt about the indignation of the American people as to 
what is happening today in professional sports. We have just had the 
magnificent series on public television about baseball, and I 
personally made inquiries of the Commissioner of Baseball, the players 
representatives, Dan Fehr and Richard Ravitch. I have a very 
substantial interest in baseball as two major league teams are located 
in Pennsylvania, as does the Senator from Ohio. The Senator from Iowa 
ought to get a couple of major league teams as well.
  The prospect of having no baseball next year and the consequence of 
no season this year and no World Series is really very, very 
regrettable. I do not know that the proposed legislation is going to 
have the desired result. I have searched the laws, the antitrust laws 
and the labor laws, from nook to cranny, and have been unable, nor has 
Mr. Fehr, Mr. Selig, or Mr. Ravitch, or the owners in Pennsylvania, to 
find an answer. But I am glad we are able to move ahead and get this 
bill completed.
  I did not have an opportunity yesterday to thank the distinguished 
Senator from Maine [Mr. Cohen] for withdrawing his amendment, and other 
Senators who were going to put amendments on the bill, so we can move 
ahead with this very important legislation.
  I would like to give special note, while I am on my feet--I know the 
chairman, Senator Harkin, will as well--to extraordinary staff work. We 
were able to work this out in a minimum time. We had a conference--how 
long did it last, I ask the Senator? Eight minutes, which probably set 
a record because we were able to work together. And the majority staff 
of Ed Long, Jim Sourwine, Carol Mitchell, Susan McGovern, Bill Cordes, 
Ellen Murray, Gladys Clearwaters, and Antonio Clinkscales, along with 
Republican staff Craig Higgins, Bettilou Taylor, and Meg Snyder did 
extraordinary work. They did outstanding work last year but this was 
even better.
  I again express my profound and heartfelt thanks to my colleague, 
Senator Harkin.
  Mr. HATFIELD. Mr. President, as the Senate completes action on the 
conference report accompanying H.R. 4606, the Labor, HHS, and Education 
and related agencies appropriations bill for fiscal year 1995, I would 
like to highlight several items in the conference agreement. Before I 
do, let me congratulate the chairman, Senator Harkin, and the ranking 
member, Senator Specter, for their work on this bill. The conference 
agreement carefully balances the competing needs facing the 
subcommittee. This is no easy task. I am especially grateful for their 
support on several matters of concern to me and to the people of 
Oregon.


                           Dislocated workers

  As many of my colleagues know, dramatic changes in Federal 
environmental policy in the Pacific Northwest have led to significant 
worker dislocations within the timber and fishing industries in that 
region. Thousands of families, and many communities, have had their 
livelihoods and economic base uprooted.
  Earlier this year, I chaired a special hearing of the Appropriations 
Committee in Portland, OR, to examine whether existing Federal worker 
retraining programs are sufficient to meet the needs of workers. What 
became clear during the hearing was that they are not. The most 
compelling testimony was received from Kevin Browning, a dislocated 
worker from Roseburg, OR. Mr. Browning outlined for the committee how 
the current system of support fails to meet the needs of workers like 
himself. The central problem identified is the restriction on the use 
of Job Training Partnership Act funds for income support payments.
  We cannot expect a worker to spend 2 years in training if their 
income support is limited to only 26 weeks of unemployment insurance. 
Yet the Job Training Partnership Act limits at 25 percent, the amount 
of dislocated worker funds that States can use for income support 
payments. State officials from Oregon testified to the need for greater 
flexibility in the use of Federal dislocated worker funds in order to 
better respond to the needs of workers, like Kevin Browning, who are 
involved in long-term retraining programs.
  I am pleased to report to the Senate that the conference agreement 
includes language which will give States this flexibility. By easing 
restrictions on the use of funding, States have greater discretion to 
deliver additional income support, or needs-based payments, to 
dislocated workers. The language also extends the period of time in 
which workers could qualify to receive needs-based payments. Current 
eligibility restrictions require workers to be enrolled in training 
within 13 weeks after being laid off. The review and award of 
supplemental Federal grant requests often comes well after the 13 week 
period. The conference agreement would make individuals eligible for 
needs-based payments, provided that they are enrolled in training 
within 6 weeks of the date the State received the supplemental 
retraining funds.
  The conference agreement also includes $1.29 billion in funding for 
the dislocated worker retraining program. This is an increase of $178 
million over the level appropriated by the Congress last year.


                             school to work

  The conference agreement includes $250 million for the recently 
authorized School-to-Work Program, an increase of $150 million over 
last year. The School-to-Work Program will assist non-college-bound 
students make the transition from high school to the workplace. I am 
proud that Oregon was one of eight States to be awarded an 
implementation grant under this program this year and that Coos, Curry, 
and Douglas Counties in Oregon successfully competed for one of the 
locality grants. The funds provided in this bill will assist both 
existing and new grantees to fully carry out their proposed programs.


                            medical research

  Few Federal activities rise to the level of importance of medical 
research. For over 100 years, the Federal Government has supported 
research into the cause, treatment, and cure of disease. This research 
has yielded dramatic results over the years. Today, we are poised at 
the threshold of the worldwide elimination of polio, we have vaccines 
which immunize our children from diseases that once produced death and 
disability for thousands of children each year, and we have 
significantly reduced the mortality rate of heart disease. It is 
because of this support over the past century that the United States is 
the world leader in biomedical research and can boast the best health 
care services in the world.
  These developments in genetics, molecular biology, and biochemistry, 
have spawned tremendous optimism and opportunity for advancing 
understanding and new treatments for disorders, such as Huntington's 
disease, cystic fibrosis, certain rare disorders and some forms of 
breast and colon cancers. The conference agreement includes $11.3 
billion to keep faith with our commitment to medical research. This is 
$395 million, or 3 percent, above the level appropriated by the 
Congress last year. While I am pleased by this increase, I am concerned 
that at 3 percent it will not be sufficient even to cover the growth in 
costs due to inflation in the research sector.
  As a member of the Appropriations Committee for over 20 years, I know 
that the stability we need in medical research cannot, and will not, be 
accomplished solely through the regular appropriations process. A 
dedicated funding source is required to ensure annual appropriations 
are sufficient to meet the challenges of reduced health costs and 
improved quality of life for millions of Americans suffering from 
disease and disability. It is for this reason that I joined with 
Senator Harkin earlier this year in introducing legislation that would 
establish a fund for health research. The fund would be financed 
through a 1-percent surcharge on private insurance premiums. When fully 
implemented, Federal funding for medical research supported by the 
National Institutes of Health would increase by 50 percent, 
approximately $5 billion annually. While I do not expect final action 
on this legislation this year, I expect to be back pressing for 
enactment of a fund for health research next year.


                              rural health

  It isn't enough to solve the problem of affordability of health 
insurance for the millions of Americans who reside in rural 
communities. Access to health care facilities and providers by rural 
residents is an equally alarming problem. The conference agreement 
builds upon the committee's efforts of the past to help improve the 
availability of health care services and providers in underserved 
areas. Over $201.8 million is included for programs to assist rural 
communities in recruiting and retaining health care providers, and in 
establishing and operating local clinics, hospitals, and other health 
care facilities. This is an increase of $4.5 million over last year's 
level.
  Of particular note is the $24.6 million for the support of the Area 
Health Education Centers [AHEC] Program, $2.4 million over the 1994 
level. The AHEC Program provides assistance to schools of medicine to 
improve the distribution, supply, quality, utilization, and efficiency 
of health personnel in rural communities through establishing statewide 
regional centers for community based planning, and educational and 
clinical resource development. The conference agreement also includes 
language which permits the increase in funding, above $18.7 million, to 
be allocated equally between ``core'' and ``model'' AHEC programs. 
Without this provision no additional funding would be available over 
the 1994 level for States, such as Oregon, which have a core center 
grant or States competing for new grants.


                      aids prevention and services

  In addition to the $1.337 billion appropriated to the Office of AIDS 
Research at the National Institutes of Health for research, the 
conference agreement includes $1.283 billion for AIDS prevention and 
service programs. Over $590 million, an increase of $47 million over 
fiscal year 1994, is provided to expand Federal HIV prevention 
activities. This increase in funding, coupled with the intense 
community planning activities which States have undertaken in the last 
year, should materially improve the effectiveness of federally 
supported HIV prevention programs. The conference agreement also 
includes $633 million for AIDS services under the programs of the Ryan 
White CARE Act, including $356.5 million for emergency assistance 
grants to cities most heavily impacted by AIDS. Fiscal year 1995 will 
be the first year Portland, OR, will qualify for these funds. While I 
had hoped that a cure for this disease could have been found before 
Portland, or any other city for that matter, became eligible for these 
funds, I know the funding will be welcome to the individuals, community 
based appropriations, and city officials who struggle on a daily basis 
to cope with the services needs of persons with AIDS.


                 community and human services programs

  The conference agreement includes funding for a number of programs 
which provide essential support services to members of our communities 
who are poor, homeless, hungry, uneducated, and/or victims of domestic 
violence. Included is $391.5 million for the Community Services Block 
Grant Program, $32.6 million for family violence prevention activities, 
and $399 million for assisting States and localities to resettle 
refugees. The agreement also includes $3.534 billion for the Head Start 
Program, an increase of $210 million over 1994.


                               education

  Our ability as a nation to compete in the global market in the future 
is largely dependent upon the ability of our education system to 
prepare the workers of the next century. This requires that the Federal 
Government maintain its education funding partnership with State, local 
governments, parents, and students. The bill before the Senate includes 
$27.4 billion for programs supported by the Department of Education. 
This is an increase of $868 million over the level appropriated last 
year.
  Within the amount for the Department of Education is over $7.2 
billion to assist State and local education agencies in providing the 
educational services to disadvantaged children and their families, 
nearly $1.6 billion is provided for elementary and secondary school 
improvement activities, and $3.2 billion is included to provide 
appropriate educational services to children who need special education 
services.
  I am particularly pleased that the conference agreement builds upon 
the progress achieved over the last several years in expanding Federal 
support for strengthening math and science education and for improving 
the math and science skills of both teachers and students. The bill 
appropriates $320.3 million for the Eisenhower Professional Development 
State Grant Program. The bulk of these funds will be used to provide 
grants to States for math and science professional development, with 
the remaining funds devoted to teacher training in the remaining core 
subjects. In addition, $36.3 million is appropriated to support 
national math and science development initiatives.
  Over $7.7 billion is appropriated to provide financial aid to 
students involved in postsecondary education at colleges, universities, 
and trade schools across the country. This will provide Pell grants to 
over 4 million students and work-study assistance to over 700,000 
students in the 1995-96 academic year.
  Urban universities across the Nation are a critical component to the 
systems of higher education in their communities. The bill provides $13 
million, an increase of $2.3 million over the fiscal year 1994 
appropriated level to help these universities strengthen their 
community involvement in helping to solve the social and economic 
problems of the urban area in which they serve.


                               libraries

  Finally, the conference agreement includes $144 million to help our 
Nation's public libraries deliver services to the residents of their 
communities. Libraries play an important role in our education system. 
Children and adults depend upon libraries as a resource both for 
expanding knowledge and understanding, and for recreation. The 
conference agreement does not endorse the reductions proposed in the 
President's budget, but instead, maintains support for library 
services, construction, career training, and literacy programs.
  Mr. HARKIN. Mr. President, I ask unanimous consent that the Senate 
concur in the amendment of the House to the amendment of the Senate 
numbered 148.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. HARKIN. Mr. President, that finishes the Labor, Health and Human 
Services, and Education appropriations bill. Again, I want to express 
my thanks to the Senator from Ohio for his understanding and his 
cooperation in not offering his amendment dealing with the antitrust 
exemptions for baseball to this pending bill. I am not an expert in 
that area at all.
  I just got handed a button by my colleague, Senator Specter, which 
says, ``Free Amendment No. 148,'' which we just passed.
  Mr. SPECTER. It came from Craig English, a staffer. This is not quite 
as important as freeing the 103d Congress, but this frees this 
important bill, so it is for the chairman, I say to the Senator.
  Mr. HARKIN. I thank the Senator. I thank the staff for that. But I 
just want to again thank the Senator from Ohio for his understanding 
and cooperation. I know he feels deeply about this. And I think it goes 
without saying here that when the Senator from Ohio appears in the 
Chamber to offer an amendment, he is doing the people's work.
  Mr. METZENBAUM. I thank the Senator.
  Mr. HARKIN. He represents people and he represents working people. As 
I said, I am not an expert on this issue. I do not serve on the 
committee. I must plead some lack of knowledge of this whole issue. But 
I know that when Senator Metzenbaum comes here to fight as tenaciously 
as he has done all the years he has been in the Senate, he is usually--
not usually, he is always--fighting for the little person. He is 
usually fighting for the person who does not have a lot of economic 
clout, a lot of money, and a lot of lobbyists and everything else 
around this town.
  So, as I said, I do not understand the issue that well, but I know 
that if Howard Metzenbaum feels strongly about it, more often than not 
he is on the right side of the issue. So I appreciate that. I reserve 
judgment how I will eventually vote on it because I have to get briefed 
on the issue myself. But I appreciate his cooperation very much.
  Mr. METZENBAUM. I thank the Senator. Good luck.
  Mr. HARKIN. Again, Mr. President, I join with Senator Specter in 
thanking our staffs, both Republican and Democratic staffs. They have a 
great working relationship. We worked very closely from beginning to 
end in developing our appropriations bill. That is one of the reasons 
why we have had such, I think, good work in our conference committees. 
As Senator Specter said, it was a record--8 minutes--this year. 
Obviously, no one gets everything they want. It has been a tough year. 
We have had some very tough budget constraints, but we have been able 
to work them out. And it has over the last couple of years introduced a 
real strain of discipline on this subcommittee. With Senator Specter, I 
think we have responded to that discipline by trimming and cutting out 
waste and abuse, fat, whatever else we knew. We have tightened down on 
programs. We have gotten rid of programs. We have streamlined. And, 
quite frankly, I think we have come out of it in pretty decent shape.
  So, again, Mr. President, I thank the staffs for their diligent and 
hard work. I thank Senator Specter for his close cooperation and close 
work in getting this bill through all of the stages from early this 
year until right now.
  Again, I look forward to working with him again next year on another 
bill, and I hope we can set another record next year. I wish to thank 
Craig and Bettilou for making up that button because I did not know how 
long we were going to be on amendment No. 148. We could have been here 
for a long time on it. We just got through, and now we can be assured 
that when the new fiscal year hits, what, this Saturday, all of those 
programs that we care so much about in education, in health, biomedical 
research, Head Start programs, low-income heating energy programs, we 
can move ahead to respond to real human needs out there in our country.
  So, again, I thank Senator Specter for being such a good friend and 
for his close cooperation in working with us to get this bill through.
  Mr. President, I yield the floor.

                          ____________________