[Congressional Record Volume 143, Number 116 (Friday, September 5, 1997)]
[Senate]
[Pages S8872-S8874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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    THE DEPARTMENT OF LABOR APPROPRIATIONS ACT FOR FISCAL YEAR 1998

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                       GRAHAM AMENDMENT NO. 1084

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted an amendment intended to be proposed by him to 
the bill (S. 1061) making appropriations for the Departments of Labor, 
Health and Human Services, and Education, and related agencies for the 
fiscal year ending September 30, 1998, and for other purposes; as 
follows:

       At the end of the bill, insert the following:
    TITLE ____--NATIONAL COMMISSION ON PUBLIC EDUCATION FACILITIES 
                    CONSTRUCTION AND REHABILITATION

     SEC. ____01. FINDINGS.

       Congress finds the following:
       (1) The condition of our Nation's public pre-kindergarten 
     through grade 12 school facilities play an enormous role in 
     the educational development of our children as there is a 
     relationship between the condition of school facilities and 
     student achievement. In addition to their educational value, 
     neighborhood public schools that are structurally safe and 
     sound, and well-supported by the community can act as 
     important civic and social institutions within our 
     communities.
       (2) The financing of public pre-kindergarten through grade 
     12 school construction and renovation has historically been 
     primarily a local function. Typically, tax-exempt bond issues 
     must be approved through a referendum reliant on local 
     property taxes and are sold to finance capital spending. 
     However, recent national trends indicate a decrease in bond 
     referenda approval to pay for school construction projects. 
     The General Accounting Office reports that 33 percent of 
     school districts have had an average of 2 bond issues fail in 
     the past 10 years.

[[Page S8873]]

       (3) The United States is currently experiencing a 20-year 
     rise in public elementary and secondary school enrollments 
     which is projected to peak at over 54,000,000 students by 
     2006 from less than 40,000,000 in the mid-1980's.
       (4) The General Accounting Office has reported the 
     following conditions regarding education facilities 
     construction in the United States:
       (A) Approximately $112,000,000,000 is needed in order to 
     make necessary infrastructure repairs to our Nation's schools 
     and to comply with current Federal mandates.
       (B) One-third of schools nationwide are in need of 
     extensive repair or replacement and 60 percent of schools 
     nationwide reported needing at least 1 major building feature 
     extensively repaired, overhauled, or replaced with most of 
     these schools requiring multiple features repaired.
       (C) 60 percent of students in the United States attend 
     school in buildings with at least 1 unsatisfactory 
     environmental condition, with heating, ventilation, and air 
     conditioning systems being the most frequently reported 
     building feature in need of repair. It is estimated that 
     nearly $2,400,000,000 is required to comply with new 
     regulations on asbestos management.
       (D) Often the schools with major renovation and 
     rehabilitation needs are least prepared for 21st century 
     technology learning and teaching needs, with over 14,000,000 
     students attending approximately 40 percent of our schools 
     which report not being able to provide facilities to well 
     meet the functional requirements of laboratory science or 
     large-group instruction.
       (5) As the result of the school enrollment increases, the 
     need to prepare postsecondary academic institutions for the 
     influx of these new students will be ever more important.

     SEC. ____02. ESTABLISHMENT OF NATIONAL COMMISSION ON PUBLIC 
                   EDUCATION FACILITIES CONSTRUCTION AND 
                   REHABILITATION.

       There is established a Commission to be known as the 
     ``National Commission on Public Education Facilities 
     Construction and Rehabilitation'' (in this title referred to 
     as the ``Commission'').

     SEC. ____03. MEMBERSHIP OF COMMISSION.

       (a) Appointment.--The Commission shall be composed of 7 
     members as follows:
       (1) Two individuals shall be appointed by the Speaker of 
     the House of Representatives.
       (2) One individual shall be appointed by the Minority 
     Leader of the House of Representatives.
       (3) Two individuals shall be appointed by the Majority 
     Leader of the Senate.
       (4) One individual shall be appointed by the Minority 
     Leader of the Senate.
       (5) One individual shall be appointed by the Secretary of 
     Education.
       (6) One individual shall be appointed by the Secretary of 
     the Treasury.
       (b) Additional Qualifications.--Each of the individuals 
     appointed under subsection (a) shall be an individual with 
     expertise and experience in public education facilities 
     construction and financing (including financing the 
     construction of public institutions of higher education).
       (c) Chairperson and Vice Chairperson.--The members of the 
     Commission shall elect a Chairperson and a Vice Chairperson 
     of the Commission. In the absence of the Chairperson, the 
     Vice Chairperson will assume the duties of the Chairperson.
       (d) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum for the transaction of business.
       (e) Appointments.--All appointments under subsection (a) 
     shall be made within 30 days after the date of enactment of 
     this Act. In the event that an officer authorized to make an 
     appointment under subsection (a) has not made such 
     appointment within such 30 days, the appointment may be made 
     for such officer as follows:
       (1) The Chairman of the Committee on Education and the 
     Workforce may act under such subsection for the Speaker of 
     the House of Representatives for 1 of the Speaker's 
     appointments, and the Chairman of the Committee on Ways and 
     Means may act under such subsection for the Speaker of the 
     House of Representatives for the second.
       (2) The Ranking Minority Member of the Committee on 
     Education and the Workforce may act under such subsection for 
     the Minority Leader of the House of Representatives.
       (3) The Chairman of the Committee on Labor and Human 
     Resources may act under such subsection for the Majority 
     Leader of the Senate for 1 of the Leader's appointments, and 
     the Chairman of the Committee on Finance may act under such 
     subsection for the Majority Leader of the Senate for the 
     second.
       (4) The Ranking Minority Member of the Committee on Labor 
     and Human Resources may act under such subsection for the 
     Minority Leader of the Senate.
       (f) Voting.--Each member of the Commission shall be 
     entitled to 1 vote, which shall be equal to the vote of every 
     other member of the Commission.
       (g) Vacancies.--Any vacancy on the Commission shall not 
     affect its powers, but shall be filled in the manner in which 
     the original appointment was made.
       (h) Prohibition of Additional Pay.--Members of the 
     Commission shall receive no additional pay, allowances, or 
     benefits by reason of their service on the Commission. 
     Members appointed from among private citizens of the United 
     States may be allowed travel expenses, including per diem, in 
     lieu of subsistence, as authorized by law for persons serving 
     intermittently in the government service to the extent funds 
     are available for such expenses.
       (i) Initial Meeting.--The initial meeting of the Commission 
     shall occur within 40 days after the date of enactment of 
     this Act.

     SEC. ____04. FUNCTIONS OF COMMISSION.

       (a) Specific Findings and Recommendations.--The Commission 
     shall study and make findings and specific recommendations 
     regarding the following:
       (1) The extent, degree, and national implications of the 
     needs in public education construction and rehabilitation.
       (2) The role of public education facilities with respect to 
     the education of children and its impact on performance and 
     achievement.
       (3) The existing financing options available for school 
     construction and rehabilitation, and how and to what extent 
     the options are being utilized, including the identification 
     of new sources of finances to assist with school 
     construction.
       (4) The adequacy of current State and local programs and 
     policies to meet school construction and rehabilitation 
     needs.
       (5) The extent to which creative financing options are 
     being explored and what yet-to-be utilized options could and 
     should be formulated.
       (6) The trends and practices in the construction and 
     renovation of public school facilities, including the 
     modernization of facilities to access and utilize new 
     technologies.
       (7) The cost of current construction practices and the 
     impact of modernization and technological advances on these 
     costs.
       (8) The unmet needs of 21st century technology for 
     education.
       (9) Other related topics determined to be appropriate by 
     the Commission.
       (b) Special Rule.--The Commission primarily shall study and 
     make findings and specific recommendations regarding the 
     matters described in subsection (a) with respect to pre-
     kindergarten through grade 12 public schools, but also may 
     study and make findings and specific recommendations 
     regarding the matters with respect to public institutions of 
     higher education.
       (c) Final Report.--
       (1) In general.--Subject to paragraph (2), the Commission 
     shall submit to the President and to Congress, not later than 
     120 days after the date of the first meeting of the 
     Commission, a report which shall contain a detailed statement 
     of the findings and conclusions of the Commission, including 
     the Commission's recommendations for administrative and 
     legislative action that the Commission considers advisable.
       (2) Majority vote required for recommendations.--Any 
     recommendation described in paragraph (1) shall be made by 
     the Commission to the President and to Congress only if such 
     recommendation is adopted by a majority vote of the members 
     of the Commission who are present and voting.

     SEC. ____05. POWERS OF COMMISSION.

       (a) Hearings.--The Commission may, for the purpose of 
     carrying out this title, hold such hearings and sit and act 
     at such times and places, as the Commission may find 
     advisable.
       (b) Rules and Regulations.--The Commission may adopt such 
     rules and regulations as may be necessary to establish the 
     Commission's procedures and to govern the manner of the 
     Commission's operations, organization, and personnel.
       (c) Assistance From Federal Agencies.--
       (1) Information.--The Commission may request from the head 
     of any Federal agency or instrumentality such information as 
     the Commission may require for the purpose of this title. 
     Each agency or instrumentality shall, to the extent permitted 
     by law and subject to the exceptions set forth in section 552 
     of title 5, United States Code (commonly referred to as the 
     ``Freedom of Information Act''), furnish such information to 
     the Commission, upon request made by the Chairperson of the 
     Commission.
       (2) Facilities and services, personnel detail authorized.--
     Upon request of the Chairperson of the Commission, the head 
     of any Federal agency or instrumentality shall, to the extent 
     possible and subject to the discretion of such head--
       (A) make any of the facilities and services of such agency 
     or instrumentality available to the Commission; and
       (B) detail any of the personnel of such agency or 
     instrumentality to the Commission, on a nonreimbursable 
     basis, to assist the Commission in carrying out the 
     Commission's duties under this title.
       (d) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     Federal agencies.
       (e) Contracting.--The Commission, to such extent and in 
     such amounts as are provided in appropriation Acts, may enter 
     into contracts with State agencies, private firms, 
     institutions, and individuals for the purpose of conducting 
     research or surveys necessary to enable the Commission to 
     discharge the Commission's duties under this title.
       (f) Staff.--Subject to such rules and regulations as may be 
     adopted by the Commission, and to such extent and in such 
     amounts as are provided in appropriation Acts, the 
     Chairperson of the Commission shall have the power to 
     appoint, terminate, and fix the compensation (without regard 
     to the provisions of title 5, United States Code, governing 
     appointments in the competitive service,

[[Page S8874]]

     and without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of such title, or of any other 
     provision, or of any other provision of law, relating to the 
     number, classification, and General Schedule rates) of an 
     Executive Director, and of such additional staff as the 
     Chairperson deems advisable to assist the Commission, at 
     rates not to exceed a rate equal to the maximum rate for 
     level IV of the Executive Schedule under section 5332 of such 
     title.

     SEC. ____06. EXPENSES OF COMMISSION.

       There are authorized to be appropriated to pay any expenses 
     of the Commission such sums as may be necessary not to exceed 
     $1,000,000. Any sums appropriated for such purposes are 
     authorized to remain available until expended, or until 1 
     year after the termination of the Commission pursuant to 
     section ____07, whichever occurs first.

     SEC. ____07. TERMINATION OF COMMISSION.

       The Commission shall cease to exist on the date that is 60 
     days after the date on which the Commission is required to 
     submit its final report in accordance with section ____04(c).
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                 DURBIN (AND OTHERS) AMENDMENT NO. 1085

  Mr. DURBIN (for himself, Mr. Levin, Mrs. Murray, Mr. Johnson, and Mr. 
Breaux) proposed an amendment to the bill, S. 1061, supra; as follows:

       On page 49, after line 26, add the following:
       Sec.   . (a) Study.--Not later than 30 days after the date 
     of enactment of this Act, the Secretary of Health and Human 
     Services, in consultation with the General Accounting Office, 
     shall conduct a comprehensive study concerning efforts to 
     improve organ and tissue procurement at hospitals. Under such 
     study, the Secretary shall survey at least 5 percent of the 
     hospitals who have entered into agreements with an organ 
     procurement organization required under the Public Health 
     Service Act and the hospitals' designated organ procurement 
     organizations to examine--
       (1) the differences in protocols for the identification of 
     potential organ and tissue donors;
       (2) whether each hospital, and the designated organ 
     procurement organization of the hospital, have a system in 
     place for such identification of donors; and
       (3) protocols for outreach to the relatives of potential 
     organ or tissue donors.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall prepare and submit to the appropriate 
     committees of Congress a report concerning the study 
     conducted under subsection (a), that shall include 
     recommendations on hospital best practices--
       (1) that result in the most efficient and comprehensive 
     identification of organ and tissue donors; and
       (2) for communicating with the relatives of potential organ 
     and tissue donors.
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                 LEVIN (AND OTHERS) AMENDMENT NO. 1086

  Mr. DURBIN (for Mr. Levin, for himself, Mr. Thurmond, Mr. Durbin, and 
Mr. Inouye) proposed an amendment to the bill, S. 1061, supra; as 
follows:

       At the appropriate place, insert the following:
       Sec.   . (a) Findings.--Congress finds that--
       (1) over 53,000 Americans are currently awaiting organ 
     transplants;
       (2) in 1996, 3,916 people on the transplant waiting list 
     died because no organs became available for such people;
       (3) the number of organ donors has grown slowly over the 
     past several years, even though there is significant 
     unrealized donor potential;
       (4) a Gallup survey indicated that 85 percent of the 
     American public supports organ donation, and 69 percent 
     describe themselves as likely to donate their organs upon 
     death;
       (5) most potential donors are cared for in hospitals with 
     greater than 350 beds, trauma services, and medical school 
     affiliations;
       (6) a recent Harvard study showed that hospitals frequently 
     fail to offer donation services to the families of medically 
     eligible potential organ donors;
       (7) staff and administration in large hospitals often are 
     not aware of the current level of donor potential in their 
     institution or the current level of donation effectiveness of 
     the institution;
       (8) under titles XVIII and XIX of the Social Security Act 
     (42 U.S.C. 1395 et seq; 1396 et seq.), hospitals that 
     participate in the medicare or medicaid program are required 
     to have in place policies to offer eligible families the 
     option of organ and tissue donation; and
       (9) many hospitals have not yet incorporated systematic 
     protocols for offering donation to eligible families in a 
     skilled and sensitive way.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that hospitals that have organ or tissue donor potential take 
     prompt steps to ensure that a skilled and sensitive request 
     for organ or tissue donation is provided to eligible families 
     by--
       (1) working with the designated organ procurement 
     organization or other suitable agency to assess donor 
     potential and performance in their institutions;
       (2) establishing protocols for organ donation that 
     incorporate best-demonstrated practices;
       (3) providing education to hospital staff to ensure 
     adequate skills related to organ and tissue donation;
       (4) establishing teams of skilled hospital staff to respond 
     to potential organ donor situations, ensure optimal 
     communication with the patient's surviving family, and 
     achieve smooth coordination of activities with the designated 
     organ procurement organization; and
       (5) monitoring organ donation effectiveness through quality 
     assurance mechanisms.

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