[Congressional Record Volume 142, Number 93 (Friday, June 21, 1996)]
[Senate]
[Pages S6662-S6665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DODD:
  S. 1896. A bill to amend the Family and Medical Leave Act of 1993 to 
apply the act to a greater percentage of the U.S. work force and to 
allow employees to take parental involvement leave to participate in or 
attend their children's educational and extracurricular activities and 
for other purposes; to the Committee on Labor and Human Resources.


     the family medical and parental involvement leave act of 1996

 Mr. DODD. Mr. President, in my nearly 16 years as a U.S. 
Senator few accomplishments have given me as much pride as the day in 
February 1993 when President Clinton signed into law the Family and 
Medical Leave Act.
  Passage of this legislation was an exhausting, lengthy, and sometimes 
exasperating process. But in the end, through the hard and courageous 
work of Senators from both sides of the political aisle, the vast 
opportunities for family and medical leave were made available to 
millions of Americans.
  In an era when the American people bemoan the lack of bipartisanship 
and compromise in Washington, when they decry the blatant and nasty 
partnership, the Family and Medical Leave Act stands in sharp contrast.
  Family and medical leave is an issue that truly goes beyond partisan 
political differences. It is something that

[[Page S6663]]

every American, be they Democrat or Republican, can relate to and 
understand.
  Enactment of the Family and Medical Leave Act in 1993 threw millions 
of struggling Americans a lifeline. It made it easier for people to 
balance the responsibilities of work with their responsibilities to 
their family. And most important, it said to the American people: If 
you or a loved one becomes ill, you won't be forced to choose between 
your family and your job.
  But, my involvement with the issue of family and medical leave did 
not end with its enactment. There is more work to be done.
  Across America, working families, teachers, and school boards 
continue to lament the lack of parental involvement in their children's 
lives. With more and more families working outside the home, with 
mothers and fathers too busy and too stressed from working long hours, 
children are losing the guiding hand they need from their parents.
  The Family and Medical Leave Act performed a genuine need among 
America's working families to allow them take leave in times of medical 
and family emergency. This legislation would continue that process by 
providing parents with the time they need to make a difference in their 
children's education.
  For that reason, I am today introducing legislation that would build 
on our earlier successes while at the same time offering greater leave 
opportunities and flexibility to our Nation's families.
  First, it would lower the threshold of coverage to include worksites 
with 25 or more employees. Today, 40 percent of private sector 
employees remain unprotected by the Family and Medical Leave Act 
because their worksite does not meet the current 50-or-more employee 
threshold.
  Second, the bill would grant eligible parents 24 hours of unpaid 
leave per year to participate in their children's school or community 
group activities. Parents would provide their employers with at least 2 
weeks notice and could take only 4 hours per month, unless otherwise 
agreed to by the employer.
  These are commonsense reforms that build on the successes of the 
Family and Medical Leave Act while providing expanded opportunities for 
American families.
  For those of my colleagues who doubt the success of the Family and 
Medical Leave Act, I urge them to examine a recent bipartisan report, 
which indicates that the success of the Family and Medical Leave Act is 
clear cut.
  When this legislation passed in 1933, provisions of the bill 
established a commission to examine the impact of the act on workers 
and businesses. The commission's analysis spanned 2\1/2\ years, 
including independent research and field hearings across the country to 
hear first hand about the act's impact from individuals and businesses.
  Additionally, through the Bureau of Labor Statistics, we commissioned 
two major research surveys to gauge the impact of family leave policies 
on employees and employers. These surveys provided us with the first 
statistically valid, nationally representative data on the impact on 
the legislation.
  And, the overall findings of this commission are quite clear--family 
and medical leave is an overwhelming success. What's more, according to 
the commission's final report, the law represents ``A significant step 
in helping a larger cross-section of working Americans meet their 
medical and family caregiving needs while still maintaining their jobs 
and economic security.''
  Due to this legislation, Americans have significantly greater 
opportunities to keep their health benefits, maintain job security, and 
take leave for longer and for greater reasons.
  While the American people have seen expanded opportunities under this 
legislation, there is plenty of good news for America's businesses as 
well.
  The conclusions of the bipartisan report are a far cry from the 
concerns that were voiced when this law was being considered in 
Congress. The vast majority of businesses--over 93 percent--report 
little to no additional costs associated with the Family and Medical 
Leave Act. More than 92 percent reported no noticeable effect on 
profitability. And nearly 96 percent reported no noticeable effect on 
growth.
  Additionally, 83 percent of employers reported no noticeable impact 
on employee productivity. And of those that have seen an effect nearly 
as many are as likely to note a positive effect as a negative one. In 
fact, 12.6 percent actually report a positive effect on employee 
productivity from the Family and Medical Leave Act.
  While the benefits of family leave have been clear, millions of 
Americans continue to face painful choices involving their competing 
responsibilities to family and work. Those not covered by FMLA are 
still often told that they must choose between sick family members and 
their jobs. And parents, who want to participate in their children's 
school and community activities, even to attend parent-teacher 
conferences, find their employment responsibilities are forcing them to 
make impossible choices.
  More and more parents are simply too busy to take the time necessary 
to play an active role in their children's education. This comes at a 
time when not only is a strong education so important to our Nation's 
youth, but ample evidence indicates that parental involvement in school 
activities has a dramatic impact on academic performance.
  Studies have shown that academic achievement is much higher at 
schools when parents are strongly involved. In fact, a recent study by 
the Department of Education found that parental involvement is a key 
factor in the development of children's reading skills. And a Carnegie 
Corp. study released this spring found that, ``Parents who want their 
children to do well in school must remain involved in their education 
through the middle and high school years.''
  So many parents, however, simply don't have the time to participate 
in school and community activities while balancing responsibilities to 
their job. A survey of 30,000 PTA leaders found that 89 percent of 
parents do not get involved in their children's education because they 
do not have enough time. Yet another study indicates that 66 percent of 
employed parents report that they don't have enough time for their 
children. And as the number of single-parent families, and families 
where both parents have to work, continues to rise the constraints 
placed on parents are only going to increase.
  The bill that I introduce today represents a genuine and commonsense 
effort to tackle these problems. It would take a giant step toward 
widening the opportunities provided under the Family and Medical Leave 
Act while giving parents the chance to play a greater role in their 
children's education.
  While I'm fully aware this is an election year, I introduce this 
legislation with the hope and expectation that we can put aside our 
political differences and build on the success of the Family and 
Medical Leave Act.
  It's common sense that hard working people should not only be able to 
play a role in their children's lives, but face family crises without 
losing their jobs. The American people understand the need for these 
provisions and I urge all my colleagues to join me in supporting this 
critically important legislation for our Nation's working families.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1896

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

     SECTION 1. COVERAGE OF EMPLOYEES.

       Paragraphs (2)(B)(ii) and (4)(A)(i) of section 101 of the 
     Family and Medical Leave Act of 1993 (29 U.S.C. 2611 
     (2)(B)(ii) and (4)(A)(i) are amended by striking ``50'' each 
     place it appears and inserting ``25''.

     SEC 2. PARENTAL INVOLVEMENT LEAVE.

       (a) Leave Requirement.--Section 102(a) of the Family and 
     Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by 
     adding at the end the following:
       ``(3) Entitlement to parental involvement leave.--
       ``(A) In general.--Subject to section 103(f), an eligible 
     employee shall be entitled to a total of 4 hours of leave 
     during any 30-day period, and a total of 24 hours of leave 
     during any 12-month period, in addition to leave available 
     under paragraph (1), to participate in or attend an activity 
     that--
       ``(i) is sponsored by a school or community organization; 
     and
       ``(ii) relates to a program of the school or organization 
     that is attended by a son or daughter of the employee, 
     including foster children.

[[Page S6664]]

       ``(B) Definitions.--As used in this paragraph:
       ``(i) Community organization.--The term `community 
     organization' means a private nonprofit organization that is 
     representative of a community or a significant segment of a 
     community and provides activities for individuals described 
     in subparagraph (A) or (B) of section 101(12), such as a 
     scouting or sports organization.
       ``(ii) School.--The term `school' means an elementary 
     school or secondary school (as such terms are defined in 
     section 14101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 8801)), a Head Start program assisted 
     under the Head Start Act (42 U.S.C. 9831 et seq.), and a 
     child care facility licensed under State law.''.
       (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 
     2612(b)(1)) is amended by inserting after the second sentence 
     the following: ``Leave under subsection (a)(3) may be taken 
     intermittently or on a reduced leave schedule.''
       (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of 
     such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting 
     before the period the following: ``, or for leave provided 
     under subsection (a)(3) for any part of the 24-hour period of 
     such leave under such subsection''.
       (d) Notice.--Section 102(e)(1) of such Act (29 U.S.C. 
     2612(e)(1) is amended by adding at the end of the following: 
     ``In any case in which an employee requests leave under 
     subsection (a)(3), the employee shall provide the employer 
     with not less than 7 day's notice, before the date the 
     leave is to begin, of the employee's intention to take 
     leave under such subsection.''.
       (e) Certification.--Section 103 of such Act (29 U.S.C. 
     2613) is amended by adding at the end the following:
       ``(f) Certification for Parental Involvement Leave.--An 
     employer may require that a request for leave under section 
     102(a)(3) be supported by a certification issued at such time 
     and in such manner as the Secretary may by regulation 
     prescribe.''.

     SEC. 3. PARENTAL INVOLVEMENT LEAVE FOR CIVIL SERVANTS.

       (a) Leave Requirements.--Section 6382(a) of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(3)(A) Subject to section 6383(f), an employee shall be 
     entitled to a total of 4 hours of leave during any 30-day 
     period, and a total of 24 hours of leave during any 12-month 
     period, in addition to leave available under paragraph (1), 
     to participate in or attend an activity that--
       ``(i) is sponsored by a school or community organization; 
     and
       ``(ii) relates to a program of the school or organization 
     that is attended by a son or daughter of the employee, 
     including foster children.
       ``(B) As used in this paragraph:
       ``(i) The term `community organization' means a private 
     nonprofit organization that is representative of a community 
     or a significant segment of a community and provides 
     activities for individuals described in subparagraph (A) or 
     (B) of section 6381(6), such as a scouting or sports 
     organization.
       ``(ii) The term `school' means an elementary school or 
     secondary school (as such terms are defined in section 14101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 8801)), a Head Start program assisted under the Head 
     Start Act (42 U.S.C. 9831 et seq.) and a child care facility 
     licensed under State law.''.
       (b) Schedule.--Section 6382(b)(1) of such title is amended 
     by inserting after the second sentence the following: ``Leave 
     under subsection (a)(3) may be taken intermittently or on a 
     reduced leave schedule.''
       (c) Substitution of Paid Leave.--Section 6382(d) of such 
     title is amended by inserting before ``, except'' the 
     following: ``, or for leave provided under subsection (a)(3) 
     any of the employee's accrued or accumulated annual leave 
     under subchapter I for any part of the 24-hour period of such 
     leave under such subsection''.
       (d) Notice.--Section 6382(e)(1) of such title is amended by 
     adding at the end the following: ``In any case in which an 
     employee requests leave under subsection (a)(3), the employee 
     shall provide the employing agency with not less than 7 day's 
     notice, before the date the leave is to begin, of the 
     employee's intention to take leave under such subsection.''.
       (e) Certification.--Section 6383 of such title is amended 
     by adding at the end the following:
       ``(f) An employing agency may require that a request for 
     leave under section 6382(a)(3) be supported by a 
     certification issued at such time and in such manner as the 
     Office of Personnel Management may by regulation 
     prescribe.''.
                                 ______

      By Mrs. KASSEBAUM (for herself, Mr. Kennedy, Mr. Jeffords, Mr. 
        Pell, and Mr. Hatfield):
  S. 1897. A bill to amend the Public Health Service Act to revise and 
extend certain programs relating to the National Institutes of Health, 
and for other purposes; to the Committee on Labor and Human Resources.


                  THE NIH REAUTHORIZATION ACT OF 1996

  Mrs. KASSEBAUM. Mr. President, I rise today to introduce legislation 
which supports the important work of the National Institutes of Health. 
This bill, the National Institutes of Health Revitalization Act of 
1996, will reauthorize the ongoing work of this outstanding Federal 
research institution.
  We all can take great pride in the exceptional contributions that the 
NIH has made to the improvement of the health of our citizens.
  NIH grants constitute the bulk of support for biomedical research 
throughout this country--almost $10 billion every year, distributed in 
nearly 25,000 separate grants. This unique investment of talent and 
dollars has one simple, overriding goal--the advancement of the health 
of Americans.
  This agency is, indeed, an extraordinary success story. To cite just 
one illustration: An NIH grant made possible the discovery of the BRCA-
1 gene, a genetic marker for an important form of breast cancer. Such a 
discovery offers great promise for new strategies for diagnosis and 
treatment of breast cancer and other serious illnesses.
  As long term commitment to further support of research into the 
mysteries of the human genetic code, this bill authorizes the creation 
of the National Human Genome Research Institute. The elevation of the 
National Center for Genome Research to institute status, while budget 
neutral, will ensure a continued focus of NIH resources for this 
important work.
  Mr. President, in addition to reauthorizing the lifesaving work of 
the two largest institutes, the National Cancer Institute and the 
National Heart, Lung, and Blood Institute, the bill authorizes a number 
of other important institutes and initiatives. Among them is research 
into new and resistant infections such as tuberculosis; and an Office 
of Rare Diseases to support research on over 2,000 uncommon diseases 
that, together, afflict thousands of Americans.
  Another critical area that this bill addresses is the education and 
training of the next generation of clinical researchers, the biomedical 
scientists who perform research that directly involves patients. This 
bill provides for greater support for expert training of young 
biomedical scientists who have elected the difficult, and increasingly 
competitive, careers in scientific inquiry. In addition, it provides 
important resources for the 75 general clinical research centers that 
exist in academic medical centers throughout the country.
  The role of NIH in clinical research is critical, since academic 
health centers in the 21st century will be posed with an unprecedented 
challenge: how to maintain their research mission in the face of a 
fundamentally changed health care system. These changes are the 
consequence of dramatic market shifts that are taking place in health 
care in this country. They have a potentially deleterious effect on the 
irreplaceable work of this country's academic health centers. Cost 
competition has made it particularly difficult for the continuation of 
many of these established institutions that frequently care for the 
sickest, as well as the poorest, citizens of our communities.
  This bill also makes substantial efforts to reduce administrative 
excess and duplicative infrastructure at NIH. It reduces redundant 
committees and reports. Every dollar saved from unnecessary 
administrative burdens is another dollar freed up for support of 
biomedical research.
  By its very nature, ever-expanding scientific knowledge places 
pressure on the limited resources for biomedical research support. 
Accordingly, this bill provides for a Biomedical Research Trust Fund 
within the Treasury. This trust fund is a first small step toward 
affording additional funds for the indispensable research mission in 
this era of shrinking Federal resources.
  In conclusion, Mr. President, reauthorization of the important work 
of the National Institutes of Health represents for the American people 
an investment beyond compare or valuation. I am pleased to welcome 
Senators Kennedy, Jeffords, Pell, and Hatfield as original cosponsors 
of this legislation. I urge my colleagues to support the adoption of 
the National Institutes of Health Revitalization Act of 1996.
  Mr. KENNEDY. Mr. President, I strongly support the NIH Revitalization 
Act of 1996. The National Institutes of Health is the premier health 
care research center in this country and the world. Reauthorizing a 
strong NIH should be a bipartisan goal.

[[Page S6665]]

  This bill reauthorizes the present Institutes, and provides a 
framework for the NIH to respond more effectively to the health issues 
of today and the future.
  Clinical research is addressed by incorporating many of the 
provisions of the Hatfield-Kennedy clinical research enhancement bill. 
General Clinical Research Centers, which serve as an infrastructure for 
clinical research and training, are authorized. Clinical Research 
Career Enhancement Awards and Innovative Medical Science Awards are 
created to support individual careers and research projects in clinical 
research. In addition, existing research assistance, training and loan 
repayment programs are expanded to include those involved in clinical 
investigations.
  The human genome project which has been so productive becomes the 
National Human Genome Research Institute. The Office of Rare Diseases 
is formally established. A national fund for health research is created 
to provide additional financial resources. A number of other changes 
are made to streamline the administrative processes at NIH.
  All of us recognize that a number of concerns require further 
discussion. NIH's desires for maximum flexibility have been addressed. 
We must also meet the research and treatment needs of particular 
diseases. I look forward to working together to find ways to address 
Parkinson's disease, the pediatric research initiative, and diabetes.
  We must also find ways to deal with the impact of managed care on 
medical training, education, and research. That problem that was the 
topic of our final NIH hearing this year.
  Investment in health care research is one of the soundest investments 
we can make in the Nation's future. The NIH Revitalization Act of 1996 
is designed to maintain and strengthen our return on this investment, 
and I look forward to working with my colleagues on both sides of the 
aisle to secure its enactment.
  Mr. HATFIELD. Mr. President, I am honored to join my friend and 
colleague from Kansas, Senator Kassebaum, in sponsoring legislation to 
revitalize the crown jewel of medical science in this country, the 
National Institutes of Health. Senator Kassebaum deserves the Nation's 
gratitude for her commitment to biomedical research and her efforts to 
ensure that the wealth of this country is measured by the health of its 
citizens.
  The NIH has enhanced the health of our Nation immeasurably, and 
through the efforts of its scientists and staff continues to place us 
on the cutting edge of biomedical research. Yet, as all of us in this 
body know so well, all institutions must evolve if they are to continue 
to thrive. The legislation introduced today provides the elements 
necessary for the NIH to evolve successfully in the years to come.
  Every year, medical researchers uncover more mysteries of the human 
body. Because of their efforts, today we have therapies, drugs and 
technologies that were unimaginable just a decade ago. Of great 
importance to all Americans is the outcome of our investment in 
biomedical research. We want to know, what has been cured lately? How 
have the billions we invest in NIH each year reached Americans and 
eased their suffering? How has the chasm between the scientist in the 
laboratory and the physician administering treatment been bridged? To 
address that gulf, I believe we must heighten our support for 
translational--or clinical--research. To that end, I introduced S. 1534 
this year, the Clinical Research Enhancement Act of 1996. This bill 
will increase funding for clinical research, improve training for 
persons planning clinical research careers, and modify the focus of the 
NIH to make it more receptive to clinical research proposals.
  I am very pleased that Senator Kassebaum has included components of 
S. 1534 in her legislation. The bill authorizes the General Clinical 
Research Centers which are the frontline troops not only in the 
training of clinical researchers but in performing many of the clinical 
studies in our academic medical centers. The 75 current centers have 
never been authorized despite their continued congressional support 
since 1965.
  The bill also establishes two new award programs: the Clinical 
Research Career Enhancement Awards and the Innovative Medical Science 
Awards. These awards will provide both young and established 
investigators with the resources needed to bridge unfunded periods 
while promoting continued clinical research and training. At present 
training opportunities for persons considering clinical research 
careers are few and fragmented.
  The bill also expands loan repayment opportunities for young 
physician scientists to pursue research careers. Currently the average 
medical school graduate has a debt of $63,000. This burden has resulted 
in a decline of physician researchers to just 2.2 percent of the 
physician population of the United States.
  Last year, Congress acknowledged the importance of biomedical 
research when it restored proposed cuts to the NIH budget for 1996. As 
a result, we are now enjoying a 5.7-percent increase in funding for the 
NIH. However, we have far to go in stabilizing funding for medical 
research, and we must now turn our attention toward insuring 
sustainable growth in the coming years.
  I am pleased that Senator Kassebaum's legislation also includes my 
bill, S. 1251, to establish a national fund for health research. This 
fund will supplement annual appropriations to the NIH by contributing 
public and private donations to enhance research grants. While the 
language in this bill does not specify a funding source, I am hopeful 
that when the bill comes to the floor we will have several options to 
consider to secure its financial future. I have proposed a 25-cent 
increase in the tobacco tax, as well as a voluntary Federal income tax 
checkoff in the past, and would be willing to look at other options in 
the future such as some sort of managed care set-aside. I believe this 
proposal marks the beginning of a longer-term strategy for biomedical 
research funding and I am gratified by its inclusion in this bill. 
Senator Tom Harkin has been my long-time partner in this matter and I 
know he is as pleased as I am that the foundation for the fund has 
today been further advanced.
  Finally, Senator Kassebaum has included one additional piece of my 
legislative portfolio, S. 184, a bill to establish an Office for Rare 
Disease Research at the NIH to assist our citizens who have the 
misfortune of suffering from uncommon diseases. This legislation has 
already passed the Senate this year, only to languish in the House. I 
am hopeful that this vehicle will carry it through to enactment.
  This legislation, Mr. President, is essential for the continued 
effective functioning of the National Institutes of Health, and for the 
continued health of our citizens. I believe this legislation deserves 
our strong support and I urge my colleagues to endorse its contents. At 
this time, I would like to publicly commend Senator Kassebaum's staff, 
David Stevens, Kent Bradley, and Ann Rufo, for their work in crafting 
this revitalization package. They have been mentors to my staff and 
have represented Senator Kassebaum with great dedication and commitment 
in putting this vital piece of legislation together.

                          ____________________