[Congressional Record Volume 144, Number 37 (Friday, March 27, 1998)]
[Senate]
[Pages S2719-S2725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DOMENICI (for himself, Mr. Lieberman, Mr. Thompson, Mr. 
        Bingaman,  and Mr. Reid):
  S. 1874. A bill to improve the ability of small businesses, Federal 
agencies, industry, and universities to work with Department of Energy 
contractor-operated facilities, and for other purposes; to the 
Committee on Energy and Natural Resources.


   the department of ENERGY SMALL business and INDUSTRY PARTNERSHIP 
                        enhancement act OF 1998

  Mr. DOMENICI. Mr. President, partnerships among our federal 
laboratories, universities, and industry provide important benefits to 
our nation. They help to create innovative new products and services 
that drive our economy and improve our quality of life.
  I have personally observed the positive impacts of well crafted 
partnerships. These partnerships enhance the ability of the 
laboratories and other contractor-operated facilities of the Department 
of Energy to accomplish their federal missions at the same time that 
the companies benefit though enhanced competitiveness from the 
technical resources available at these sites.
  I have also seen important successes achieved by other federal 
agencies and companies that utilized the resources of the national 
laboratories and other Department sites through contract research 
mechanisms. Contract research enables these sites to contribute their 
technical expertise in cases where the private sector can not supply a 
customer's needs. Partnerships and other interactions enable companies 
and other agencies to accomplish their own missions better, faster, and 
cheaper.
  I've seen spectacular examples where small businesses have been 
created around breakthrough technologies from the national laboratories 
and other contractor-operated sites of the DOE. But, at present, only 
the Department's Defense Programs has a specific program for small 
business partnerships and assistance.
  All programs of the Department have expertise that can be driving 
small business successes. Historically, in the United States, small 
businesses have often been the most innovative and the fastest to 
exploit new technical opportunities--all of the Department's programs 
should be open to the small business interactions that Defense Programs 
has so effectively utilized.
  I have been concerned that barriers to these partnerships and 
interactions continue to exist within the Department of Energy. In 
addition, the Department's laboratories and other sites need continuing 
encouragement to be fully receptive to partnership opportunities that 
meet both their own mission objectives and industry's goals. And 
finally, small business interactions should be encouraged across the 
Department of Energy, not only in Defense Programs.
  For these reasons, I introduce today the Department of Energy Small 
Business and Industry Partnership Enhancement Act of 1998. This 
Partnership Enhancement Act removes barriers to more effective 
utilization of all of the Department's contractor-operated facilities 
by industry, other federal agencies, and universities. The bill covers 
all the Department's contractor-operated facilities--national 
laboratories and their other sites like Kansas City, Pantex, Hanford, 
Savannah River, or the Nevada Test Site.
  This bill also provides important encouragement to the contractor-
operated sites to increase their partnerships and other interactions 
with universities and companies. And finally, it creates opportunities 
for small businesses to benefit from the technical resources available 
at all of the Department's contractor-operated facilities.
  This bill amends the Atomic Energy Act, which limited the areas 
wherein the Department's facilities could provide contract research, 
not in competition with the private sector, to only those mission areas 
undertaken in the earliest days of the AEC. My bill recognizes that the 
Department's responsibilities are far broader than the original AEC, 
and that all parts of the Department should be available to help on a 
contract basis wherever capabilities are not available from private 
industry.
  One barrier at the Department to contract research involves charges 
added by the Department to the cost of work accomplished by a site. 
This bill requires that charges to customers for contract research at 
these facilities be fully recovered, and stops the addition of extra 
charges by the Department. The bill requires that any customer of

[[Page S2720]]

these facilities pay only the direct charges at that facility for their 
contracted work, plus an overhead rate that is calculated for broad 
groups of customers. For example, where other federal agencies, 
companies, or universities do not require secure facilities or do not 
utilize the extensive special nuclear material capabilities of the 
laboratories, then the customer will be charged an overhead rate that 
excludes security costs and environmental legacy costs. This will 
ensure that each class of customers is paying for the services they 
actually utilize.
  The bill provides direct encouragement for expansion of partnerships 
and interactions with companies and universities by requiring that each 
facility be annually judged for success in expanding these interactions 
in ways that support each facility's missions. The bill requires that 
the external partnership and interaction program be considered in 
evaluating the annual contract performance at each site.
  And finally, the bill sets up a new Small Business Partnership 
Program in which all of the Department sites participate. This action 
will enable small businesses across the United States to better access 
and partner with any of the Department's contractor-owned facilities. A 
fund for such interactions up to 0.25 percent of the total site budget 
is available for these small business interactions.
  With these changes, Mr. President, the Department of Energy 
facilities will be better able to meet their critical national 
missions, while at the same time assisting other federal agencies, 
large and small businesses, and universities in better meeting their 
goals and missions.
  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. 1874

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Department of Energy Small 
     Business and Industry Partnership Enhancement Act of 1998''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) partnerships between contractor-operated facilities of 
     the Department of Energy and small businesses can enhance 
     growth of competitive small business opportunities;
       (2) the contractor-operated facilities represent a national 
     resource in science and technology;
       (3) capacity for innovation in the United States is 
     enhanced when the capabilities of the contractor-operated 
     facilities are engaged with other providers and users of the 
     Nation's science and technology base;
       (4) contributors to the Nation's science and technology 
     delivery system, Federal agencies, private industry, 
     universities, and the contractor-operated facilities can best 
     perform their missions through partnerships and interactions 
     that leverage the resources of each such entity;
       (5) interactions of the contractor-operated facilities with 
     industry and universities serve to--
       (A) expand the technology base available for missions of 
     the Department of Energy; and
       (B) instill sound business practices in the contractor-
     operated facilities to enable cost-effective realization of 
     the Federal missions of the facilities;
       (6) the contractor-operated facilities benefit from 
     university interactions through access to leading edge 
     research and through recruitment of the talent needed to 
     pursue the missions of the facilities;
       (7) industry can improve products and processes leading to 
     an enhanced competitive position through simplified access to 
     the science and technology developed by the contractor-
     operated facilities; and
       (8) other Federal agencies can advance their own missions 
     by using capabilities developed within the contractor-
     operated facilities.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to improve the ability of small businesses, Federal 
     agencies, industry, and universities to work with the 
     contractor-operated facilities of the Department of Energy 
     while ensuring full cost recovery of each contractor-operated 
     facility's expenses incurred in such work;
       (2) to encourage the contractor-operated facilities to 
     expand their partnerships with universities and industries; 
     and
       (3) to expand interactions of contractor-operated 
     facilities with small businesses so as to--
       (A) encourage commercial evaluation and development of the 
     science and technology base of the contractor-operated 
     facilities; and
       (B) provide technical assistance to small businesses.

     SEC. 4. CONTRACT RESEARCH SERVICES.

       Section 31a. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2051(a)) is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) areas of technology within the mission of the 
     Department of Energy as authorized by law.''.

     SEC. 5. COST RECOVERY.

       Section 33 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2053) is amended--
       (1) by striking ``Sec. 33. Research for Others.--Where'' 
     and inserting the following:

     ``SEC. 33. RESEARCH FOR OTHERS.

       ``(a) In General.--Where''; and
       (2) by striking the last sentence and inserting the 
     following:
       ``(b) Cost Recovery.--
       ``(1) In general.--In carrying out subsection (a), the 
     Secretary of Energy shall not recover more than the full cost 
     of work incurred at contractor-operated facilities of the 
     Department of Energy.
       ``(2) Administrative costs.--Any costs incurred by the 
     Department of Energy in connection with work performed by 
     contractor-operated facilities of the Department of Energy 
     shall be funded from departmental administration accounts of 
     the Department of Energy.
       ``(3) Charges.--For work performed for a person other than 
     the Department of Energy (including non-Federal entities and 
     Federal agencies other than the Department of Energy) 
     (referred to in this paragraph as an `external customer'), a 
     contractor-operated facility may assess a charge in an amount 
     that does not exceed the sum of --
       ``(A) the direct cost to the contractor in performing the 
     work for the external customer; and
       ``(B) a pro rata share of overhead charges for overhead-
     funded services directly required for performance of the 
     specific work for external customers as a whole or to a 
     category of external customers that includes the external 
     customer.''.

     SEC. 6. PARTNERSHIPS WITH UNIVERSITIES AND INDUSTRY.

       (a) In General.--Chapter 4 of title I of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2051 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 34. CONTRACTOR-OPERATED FACILITIES OF THE DEPARTMENT 
                   OF ENERGY.

       ``(a) Metrics.--
       ``(1) Definition of metrics.--In this subsection, the term 
     `metrics' means a system of measurements to determine levels 
     of specific areas of performance.
       ``(2) Inclusion in contracts.--Metrics--
       ``(A) shall be developed jointly by the Secretary of Energy 
     and each contractor operating a facility of the Department of 
     Energy to ensure that realistic goals are established that 
     are directly supportive of the mission and responsibilities 
     of the contractor-operated facility;
       ``(B) shall be specified in the contract for operation of 
     the facility; and
       ``(C) shall be used to evaluate the effectiveness of 
     partnership development by the facility.
       ``(b) Partnerships and Interactions.--
       ``(1) Encouragement of partnerships and interactions.--The 
     Secretary of Energy shall encourage partnerships and 
     interactions with universities and private industry at each 
     contractor-operated facility.
       ``(2) Component of performance evaluations.--The 
     development and expansion of partnerships and interactions 
     with universities and private industry shall be a component 
     in evaluating the annual performance of each contractor-
     operated facility.
       ``(c) Small Business Technology Partnership Program.--
       ``(1) In general.--The Secretary of Energy shall require 
     that each contractor operating a facility of the Department 
     of Energy create a small business technology partnership 
     program at each contractor-operated facility.
       ``(2) Funding level.--A contractor may spend not more than 
     0.25 percent of the total operating budget of a contractor-
     operated facility on the program.
       ``(3) Evaluations.--The Secretary shall annually evaluate 
     the effectiveness of the program with each contractor to 
     ensure that the program is providing opportunities for small 
     businesses to interact with and use the resources of each 
     contractor-operated facility.
       ``(4) Use of funds.--Funds from the program--
       ``(A) shall be used to cover a contractor-operated 
     facility's costs of interactions with small businesses; and
       ``(B) shall not be used for direct monetary grants to small 
     businesses.''.
       (b) Conforming Amendment.--The table of contents of the 
     Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended 
     by adding at the end of the items relating to chapter 4 of 
     title I the following:

``Sec. 34. Contractor-operated Facilities of the Department of 
              Energy.''.
                                 ______
                                 
      By Mr. DASCHLE:
  S. 1875. A bill to initiate a coordinated national effort to prevent, 
detect, and educate the public concerning Fetal Alcohol Syndrome and 
Fetal Alcohol Effect and to identify effective

[[Page S2721]]

interventions for children, adolescents, and adults with Fetal Alcohol 
Syndrome and Fetal Alcohol Effect, and for other purposes; to the 
Committee on Labor and Human Resources.


  The Fetal Alcohol Syndrome and Fetal Alcohol Effect Prevention and 
                              Services Act

  Mr. DASCHLE. Mr. President, in numerous ways, this nation 
demonstrates that our children are our most valuable investment and our 
most precious asset. We work to improve their education, to give them 
greater access to high quality health care, to minimize their exposure 
to tobacco and other addictive agents. We are driven to do all we can 
to help them realize their potential and achieve their personal and 
professional goals.
  In that context, it is inconsistent and shortsighted that, year after 
year, we pay little or no attention to a public health problem that is 
100 percent preventable, yet affects more and more children each year, 
and that inalterably damages physical, mental and emotional processes 
critical to a child's ability to grow into an independent, fully 
functioning adult. The public health problem I am referring to is fetal 
alcohol syndrome. Fetal alcohol syndrome (FAS) and the related 
condition, fetal alcohol effect (FAE), are lifelong conditions 
characterized by multiple physical, mental, and behavioral handicaps. 
FAS and FAE cross racial, ethnic and economic lines to affect families 
throughout the United States. Both conditions are 100 percent 
preventable--and 100 percent irreversible.
  In January of 1997, I introduced S.148, a bill to establish a program 
for the prevention of FAS and FAE. S.148 calls for the development of 
an interagency task force at the federal level to promote prevention 
and detection of FAS and FAE, as well as a grant program to help 
communities expand public awareness and prevention at the state and 
local levels.
  I introduced bills similar to S.148 in the 102nd, 103rd and 104th 
Congresses, but, as is too often the case, these measures were too 
modest in scope to compete against ``the issue of the moment.'' Seven 
years is a long time to push a bill, but I don't see this effort as a 
matter of choice so much as a matter of necessity. It is a crime to sit 
back while more and more women each year drink during pregnancy and 
more and more children each year are handicapped for life because of 
it.
  In fact, the more I have learned about these conditions and their 
impact on children and their families, the more apparent it is to me 
that, if we truly care about children, we must not only embrace the 
goals of S.148, we must go beyond them. Not only should we do all we 
can to protect more children from a life sentence of devastating 
handicaps, we should acknowledge that for many children, prevention 
comes too late.
  We must open our eyes to the fact that FAS and FAE children and their 
families often have nowhere to turn for information, guidance and the 
social services necessary to respond to their special needs.Up to 
12,000 children with FAS are born each year in the United States. 
According to some estimates, the rate of FAE is 3 times that.
  The incidence of FAS is nearly double that of Down's syndrome and 
almost 5 times that of spinal bifida. The incidence of FAS may be as 
high as one per 100 in some Native American communities.
  FAS and FAE are characterized by a complicated and debilitating array 
of mental, physical, and behavioral problems. FAS is the leading cause 
of mental retardation, and, let me repeat, it is 100 percent 
preventable.
  But rather than setting our sites on decreasing the incidence of FAS 
and FAE, the nation is witnessing a rapid increase in its incidence. In 
1995, the Centers for Disease Control reported a six-fold increase in 
the percentage of babies born with FAS over the preceding 15 years. 
Again according to the CDC, rates of alcohol use during pregnancy 
increased significantly between 1991 and 1995, especially the rates of 
``frequent drinking.''
  This trend defies the Surgeon General's warning against drinking 
while pregnant. It defies a strongly worded advisory issued in 1991 by 
the American Medical Association urging women to abstain from all 
alcohol during pregnancy. Clearly, we need to do more to discourage 
women from risking their children's future by drinking while pregnant.
  In addition to the tragic consequences for thousands of children and 
their families, these disturbing trends have immense implications from 
a fiscal perspective. The costs associated with caring for individuals 
with FAS and FAE are staggering.
  The Centers for Disease Control and Prevention estimates that the 
lifetime cost of treating an individual with FAS is almost $1.4 
million. The total cost in terms of health care and social services to 
treat all Americans with FAS was estimated at $2.7 billion in 1995. 
This is an extraordinary and unnecessary expense.
  To the extent we can prevent FAS and FAE and help parents respond 
appropriately to the special needs of their children, we can reduce 
institutionalizations, incarcerations and the continual use of medical 
and mental health services that otherwise may be inevitable. It makes 
fiscal sense, but far more importantly, it is the humane thing to do.
  The bill I am introducing today will establish a national task force 
comprised of parents, educators, researchers and representatives from 
relevant federal, state and local agencies. That task force will take 
on a difficult and critically important task. It will be responsible 
for reporting to Congress on FAS and FAE--on the nature and scope of 
the problem, the current response at the federal, state and local 
levels, and on ways the federal government can help states and 
localities make further progress. In conjunction with the task force 
efforts, the Secretary would establish a competitive grants program. 
This program would provide the resources necessary to operationalize 
the task force recommendations.
  The concept of a national task force with membership from outside of, 
as well as within, the federal government make sense for FAS and FAE, 
because the true experts on these conditions are the parents and 
professionals who deal with the cause and effects of these conditions 
day in and day out. If we want to respond appropriately, parents, 
teachers, social workers, and researchers should have a place at the 
table. A national task force will also provide the opportunity for 
communities to share best practices, preventing states that are newer 
to this problem from having to ``reinvent the wheel.''
  Mr. President, responding to the tragedy of alcohol-related birth 
defects is an urgent cause. I would like to thank the many concerned 
parents, researchers, educators, and federal agencies who helped 
develop this bill. Their input has produced what I believe is a solid 
response to the challenge and obligation before us. I urge my 
colleagues from both sides of the aisle to join me in an effort that 
can save children from a legacy of unnecessary and overwhelming 
handicaps, and help those for whom prevention is too late to live 
independent, fulfilling lives. I believe that if they look at this 
issue closely, they will agree that it would be a crime to do any less.
  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. 1875

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fetal Alcohol Syndrome and 
     Fetal Alcohol Effect Prevention and Services Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) Fetal Alcohol Syndrome is the leading known cause of 
     mental retardation, and it is 100 percent preventable;
       (2) each year, up to 12,000 infants are born in the United 
     States with Fetal Alcohol Syndrome, suffering irreversible 
     physical and mental damage;
       (3) thousands more infants are born each year with Fetal 
     Alcohol Effect, also known as Alcohol Related Neurobehavioral 
     Disorder (ARND), a related and equally tragic syndrome;
       (4) children of women who use alcohol while pregnant have a 
     significantly higher infant mortality rate (13.3 per 1000) 
     than children of those women who do not use alcohol (8.6 per 
     1000);
       (5) Fetal Alcohol Syndrome and Fetal Alcohol Effect are 
     national problems which can impact any child, family, or 
     community, but their threat to American Indians and Alaska 
     Natives is especially alarming;

[[Page S2722]]

       (6) in some American Indian communities, where alcohol 
     dependency rates reach 50 percent and above, the chances of a 
     newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol 
     Effect are up to 30 times greater than national averages;
       (7) in addition to the immeasurable toll on children and 
     their families, Fetal Alcohol Syndrome and Fetal Alcohol 
     Effect pose extraordinary financial costs to the Nation, 
     including the costs of health care, education, foster care, 
     job training, and general support services for affected 
     individuals;
       (8) the total cost to the economy of Fetal Alcohol Syndrome 
     was approximately $2,500,000,000 in 1995, and over a 
     lifetime, health care costs for one Fetal Alcohol Syndrome 
     child are estimated to be at least $1,400,000;
       (9) researchers have determined that the possibility of 
     giving birth to a baby with Fetal Alcohol Syndrome or Fetal 
     Alcohol Effect increases in proportion to the amount and 
     frequency of alcohol consumed by a pregnant woman, and that 
     stopping alcohol consumption at any point in the pregnancy 
     reduces the emotional, physical, and mental consequences of 
     alcohol exposure to the baby; and
       (10) though approximately 1 out of every 5 pregnant women 
     drink alcohol during their pregnancy, we know of no safe dose 
     of alcohol during pregnancy, or of any safe time to drink 
     during pregnancy, thus, it is in the best interest of the 
     Nation for the Federal Government to take an active role in 
     encouraging all women to abstain from alcohol consumption 
     during pregnancy.

     SEC. 3. PURPOSE.

       It is the purpose of this Act to establish, within the 
     Department of Health and Human Services, a comprehensive 
     program to help prevent Fetal Alcohol Syndrome and Fetal 
     Alcohol Effect nationwide and to provide effective 
     intervention programs and services for children, adolescents 
     and adults already affected by these conditions. Such program 
     shall--
       (1) coordinate, support, and conduct national, State, and 
     community-based public awareness, prevention, and education 
     programs on Fetal Alcohol Syndrome and Fetal Alcohol Effect;
       (2) coordinate, support, and conduct prevention and 
     intervention studies as well as epidemiologic research 
     concerning Fetal Alcohol Syndrome and Fetal Alcohol Effect;
       (3) coordinate, support and conduct research and 
     demonstration projects to develop effective developmental and 
     behavioral interventions and programs that foster effective 
     advocacy, educational and vocational training, appropriate 
     therapies, counseling, medical and mental health, and other 
     supportive services, as well as models that integrate or 
     coordinate such services, aimed at the unique challenges 
     facing individuals with Fetal Alcohol Syndrome or Fetal 
     Alcohol Effect and their families; and
       (4) foster coordination among all Federal, State and local 
     agencies, and promote partnerships between research 
     institutions and communities that conduct or support Fetal 
     Alcohol Syndrome and Fetal Alcohol Effect research, programs, 
     surveillance, prevention, and interventions and otherwise 
     meet the general needs of populations already affected or at 
     risk of being impacted by Fetal Alcohol Syndrome and Fetal 
     Alcohol Effect.

     SEC. 4. ESTABLISHMENT OF PROGRAM.

       Title III of the Public Health Service Act (42 U.S.C. 241 
     et seq.) is amended by adding at the end the following:

    ``PART O--FETAL ALCOHOL SYNDROME PREVENTION AND SERVICES PROGRAM

     ``SEC. 399G. ESTABLISHMENT OF FETAL ALCOHOL SYNDROME 
                   PREVENTION AND SERVICES PROGRAM.

       ``(a) Fetal Alcohol Syndrome Prevention, Intervention and 
     Services Delivery Program.--The Secretary shall establish a 
     comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effect 
     prevention, intervention and services delivery program that 
     shall include--
       ``(1) an education and public awareness program to support, 
     conduct, and evaluate the effectiveness of--
       ``(A) educational programs targeting medical schools, 
     social and other supportive services, educators and 
     counselors and other service providers in all phases of 
     childhood development, and other relevant service providers, 
     concerning the prevention, identification, and provision of 
     services for children, adolescents and adults with Fetal 
     Alcohol Syndrome and Fetal Alcohol Effect;
       ``(B) strategies to educate school-age children, including 
     pregnant and high risk youth, concerning Fetal Alcohol 
     Syndrome and Fetal Alcohol Effect;
       ``(C) public and community awareness programs concerning 
     Fetal Alcohol Syndrome and Fetal Alcohol Effect; and
       ``(D) strategies to coordinate information and services 
     across affected community agencies, including agencies 
     providing social services such as foster care, adoption, and 
     social work, medical and mental health services, and agencies 
     involved in education, vocational training and civil and 
     criminal justice;
       ``(2) a prevention and diagnosis program to support 
     clinical studies, demonstrations and other research as 
     appropriate to--
       ``(A) develop appropriate medical diagnostic methods for 
     identifying Fetal Alcohol Syndrome and Fetal Alcohol Effect; 
     and
       ``(B) develop effective prevention services and 
     interventions for pregnant, alcohol-dependent women; and
       ``(3) an applied research program concerning intervention 
     and prevention to support and conduct service demonstration 
     projects, clinical studies and other research models 
     providing advocacy, educational and vocational training, 
     counseling, medical and mental health, and other supportive 
     services, as well as models that integrate and coordinate 
     such services, that are aimed at the unique challenges facing 
     individuals with Fetal Alcohol Syndrome or Fetal Alcohol 
     Effect and their families.
       ``(b) Grants and Technical Assistance.--The Secretary may 
     award grants, cooperative agreements and contracts and 
     provide technical assistance to eligible entities described 
     in section 399H to carry out subsection (a).
       ``(c) Dissemination of Criteria.--In carrying out this 
     section, the Secretary shall develop a procedure for 
     disseminating the Fetal Alcohol Syndrome and Fetal Alcohol 
     Effect diagnostic criteria developed pursuant to section 705 
     of the ADAMHA Reorganization Act (42 U.S.C. 485n note) to 
     health care providers, educators, social workers, child 
     welfare workers, and other individuals.
       ``(d) National Task Force.--
       ``(1) In general.--The Secretary shall establish a task 
     force to be known as the National task force on Fetal Alcohol 
     Syndrome and Fetal Alcohol Effect (referred to in this 
     subsection as the `task force') to foster coordination among 
     all governmental agencies, academic bodies and community 
     groups that conduct or support Fetal Alcohol Syndrome and 
     Fetal Alcohol Effect research, programs, and surveillance, 
     and otherwise meet the general needs of populations actually 
     or potentially impacted by Fetal Alcohol Syndrome and Fetal 
     Alcohol Effect.
       ``(2) Membership.--The Task Force established pursuant to 
     paragraph (1) shall--
       ``(A) be chaired by an individual to be appointed by the 
     Secretary and staffed by the Administration; and
       ``(B) include the Chairperson of the Interagency 
     Coordinating Committee on Fetal Alcohol Syndrome of the 
     Department of Health and Human Services, and representatives 
     from research and advocacy organizations such as the Research 
     Society on Alcoholism, the FAS Family Resource Institute and 
     the National Organization of Fetal Alcohol Syndrome, the 
     academic community, and Federal, State and local government 
     agencies and offices.
       ``(3) Functions.--The Task Force shall--
       ``(A) advise Federal, State and local programs and research 
     concerning Fetal Alcohol Syndrome and Fetal Alcohol Effect, 
     including programs and research concerning education and 
     public awareness for relevant service providers, school-age 
     children, women at-risk, and the general public, medical 
     diagnosis, interventions for women at-risk of giving birth to 
     children with Fetal Alcohol Syndrome and Fetal Alcohol 
     Effect, and beneficial services for individuals with Fetal 
     Alcohol Syndrome and Fetal Alcohol Effect and their families;
       ``(B) coordinate its efforts with the Interagency 
     Coordinating Committee on Fetal Alcohol Syndrome of the 
     Department of Health and Human Services; and
       ``(C) report on a biennial basis to the Secretary and 
     relevant committees of Congress on the current and planned 
     activities of the participating agencies.
       ``(4) Time for appointment.--The members of the Task Force 
     shall be appointed by the Secretary not later than 6 months 
     after the date of enactment of this part.

     ``SEC. 399H. ELIGIBILITY.

       ``To be eligible to receive a grant, or enter into a 
     cooperative agreement or contract under this part, an entity 
     shall--
       ``(1) be a State, Indian tribal government, local 
     government, scientific or academic institution, or nonprofit 
     organization; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may prescribe, including a description of the 
     activities that the entity intends to carry out using amounts 
     received under this part.

     ``SEC. 399I. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out this part, $27,000,000 for each of the fiscal 
     years 1999 through 2003.
       ``(b) Task Force.--From amounts appropriate for a fiscal 
     year under subsection (a), the Secretary may use not to 
     exceed $2,000,000 of such amounts for the operations of the 
     National Task Force under section 399G(d).

     ``SEC. 399J. SUNSET PROVISION.

       ``This part shall not apply on the date that is 7 years 
     after the date on which all members of the national task 
     force have been appointed under section 399G(d)(1).''.
                                 ______
                                 
      By Mr. LUGAR:
  S. 1876. A bill to amend part S of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 to permit the use of certain 
amounts for assistance to jail-based substance treatment programs, and 
for other purposes; to the Committee on the Judiciary.
  


[[Page S2723]]

      THE JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAM ACT OF 1998

  Mr. LUGAR Mr. President, I rise today to offer legislation amending 
the Residential Substance Abuse Treatment program, known as R-SAT, to 
enable jurisdictions below the state level to realize greater benefits 
from the program. The R-SAT program allows the Attorney General to make 
grants for the establishment of treatment programs within local 
correctional facilities, but only a few jurisdictions have been able to 
take advantage of these grants.
  The legislation I am offering today will solve this problem by 
establishing a separate Jail-Based Substance Abuse Treatment Program, 
or J-SAT. Under this new program, states will be explicitly authorized 
to devote up to ten percent of the funds they receive under R-SAT to 
qualifying J-SAT programs.
  This legislation will provide matching funds to jail-based treatment 
programs that meet several criteria. First, the program must be at 
least three months in length. This is the minimum amount of time for a 
treatment program to have the desired effect. To qualify for funding, a 
program must also have been in existence for at least two years. This 
criterion is intended to ensure that jurisdictions which have already 
demonstrated a commitment to treatment programs at the local level 
receive first priority for funding. It also ensures that scarce 
treatment resources are allocated to programs with a demonstrable track 
record of success. The third criteria for programs seeking J-SAT 
funding is that the treatment regimen must include regular drug 
testing. This is necessary to ensure that some objective measure of the 
program's success is available. Grant recipients are also encouraged to 
provide the widest range of aftercare services possible, including job 
training, education and self-help programs. These steps are necessary 
to leverage the resources devoted to solving the problem of substance 
abuse, and to give individuals involved in treatment the best possible 
chance for successful rehabilitation.
  I am offering this legislation because substance abuse and problems 
arising from it are putting a severe strain on the resources of local 
jurisdictions throughout the nation. This is not a minor problem. The 
Office of National Drug Control Policy indicates that approximately 
three-fourths of prison inmates--and over half of those in jails or on 
probation--are substance abusers, yet only a small percentage of 
inmates participate in treatment programs while they are incarcerated. 
The time during which drug-using offenders are in custody or under 
post-release correctional supervision presents a unique opportunity to 
reduce drug use and crime through effective drug testing and treatment 
programs.
  Research indicates that programs like J-SAT can help to reduce the 
strain on our communities by cutting drug use in half; by reducing 
other criminal activity like shoplifting, assault, and drug sales by up 
to 80 percent; and by reducing arrests for all crimes by up to 64 
percent.
  I would also note that jail-based treatment programs are cost 
effective. In 1994, the American Correctional Association estimated the 
annual cost of incarceration at $18,330. The Office of National Drug 
Control Policy states that treatment while in prison and under post-
incarceration supervision can reduce recidivism by roughly 50 percent. 
Thus, for every $1,800 the government invests in treatment, it saves 
more than $9,000. Former Assistant Health Secretary Philip Lee has 
estimated that every dollar invested in treatment can save $7 in 
societal and medical costs.
  For these reasons, I ask my colleagues to support the Jail-Based 
Substance Abuse Treatment legislation I am introducing today.
  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. 1876

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

     SECTION 1. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.

       (a) In General.--Part S of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff et 
     seq.) is amended by adding at the end the following:

     ``SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.

       ``(a) Definitions.--In this section--
       ``(1) the term `jail-based substance abuse treatment 
     program' means a course of individual and group activities, 
     lasting for a period of not less than 3 months, in an area of 
     a correctional facility set apart from the general population 
     of the correctional facility, if those activities are--
       ``(A) directed at the substance abuse problems of 
     prisoners; and
       ``(B) intended to develop the cognitive, behavioral, 
     social, vocational, and other skills of prisoners in order to 
     address the substance abuse and related problems of 
     prisoners; and
       ``(2) the term `local correctional facility' means any 
     correctional facility operated by a unit of local government.
       ``(b) Authorization.--
       ``(1) In general.--Not less than 10 percent of the total 
     amount made available to a State under section 1904(a) for 
     any fiscal year may be used by the State to make grants to 
     local correctional facilities in the State for the purpose of 
     assisting jail-based substance abuse treatment programs 
     established by those local correctional facilities.
       ``(2) Federal share.--The Federal share of a grant made by 
     a State under this section to a local correctional facility 
     may not exceed 75 percent of the total cost of the jail-based 
     substance abuse treatment program described in the 
     application submitted under subsection (c) for the fiscal 
     year for which the program receives assistance under this 
     section.
       ``(c) Applications.--
       ``(1) In general.--To be eligible to receive a grant from a 
     State under this section for a jail-based substance abuse 
     treatment program, the chief executive of a local 
     correctional facility shall submit to the State, in such form 
     and containing such information as the State may reasonably 
     require, an application that meets the requirements of 
     paragraph (2).
       ``(2) Application requirements.--Each application submitted 
     under paragraph (1) shall include--
       ``(A) with respect to the jail-based substance abuse 
     treatment program for which assistance is sought, a 
     description of the program and a written certification that--
       ``(i) the program has been in effect for not less than 2 
     consecutive years before the date on which the application is 
     submitted; and
       ``(ii) the local correctional facility will--

       ``(I) coordinate the design and implementation of the 
     program between local correctional facility representatives 
     and the appropriate State and local alcohol and substance 
     abuse agencies;
       ``(II) implement (or continue to require) urinalysis or 
     other proven reliable forms of substance abuse testing of 
     individuals participating in the program, including the 
     testing of individuals released from the jail-based substance 
     abuse treatment program who remain in the custody of the 
     local correctional facility; and
       ``(III) carry out the program in accordance with 
     guidelines, which shall be established by the State, in order 
     to guarantee each participant in the program access to 
     consistent, continual care if transferred to a different 
     local correctional facility within the State;

       ``(B) written assurances that Federal funds received by the 
     local correctional facility from the State under this section 
     will be used to supplement, and not to supplant, non-Federal 
     funds that would otherwise be available for jail-based 
     substance abuse treatment programs assisted with amounts made 
     available to the local correctional facility under this 
     section; and
       ``(C) a description of the manner in which amounts received 
     by the local correctional facility from the State under this 
     section will be coordinated with Federal assistance for 
     substance abuse treatment and aftercare services provided to 
     the local correctional facility by the Substance Abuse and 
     Mental Health Services Administration of the Department of 
     Health and Human Services.
       ``(d) Review of Applications.--
       ``(1) In general.--Upon receipt of an application under 
     subsection (c), the State shall--
       ``(A) review the application to ensure that the 
     application, and the jail-based residential substance abuse 
     treatment program for which a grant under this section is 
     sought, meet the requirements of this section; and
       ``(B) if so, make an affirmative finding in writing that 
     the jail-based substance abuse treatment program for which 
     assistance is sought meets the requirements of this section.
       ``(2) Approval.--Based on the review conducted under 
     paragraph (1), not later than 90 days after the date on which 
     an application is submitted under subsection (c), the State 
     shall--
       ``(A) approve the application, disapprove the application, 
     or request a continued evaluation of the application for an 
     additional period of 90 days; and
       ``(B) notify the applicant of the action taken under 
     subparagraph (A) and, with respect to any denial of an 
     application under subparagraph (A), afford the applicant an 
     opportunity for reconsideration.
       ``(3) Eligibility for preference with aftercare 
     component.--
       ``(A) In general.--In making grants under this section, a 
     State shall give preference to applications from local 
     correctional facilities that ensure that each participant in 
     the jail-based substance abuse treatment program for which a 
     grant under this section is

[[Page S2724]]

     sought, is required to participate in an aftercare services 
     program that meets the requirements of subparagraph (B), for 
     a period of not less than 1 year following the earlier of--
       ``(i) the date on which the participant completes the jail-
     based substance abuse treatment program; or
       ``(ii) the date on which the participant is released from 
     the correctional facility at the end of the participant's 
     sentence or is released on parole.
       ``(B) Aftercare services program requirements.--For 
     purposes of subparagraph (A), an aftercare services program 
     meets the requirements of this paragraph if the program--
       ``(i) in selecting individuals for participation in the 
     program, gives priority to individuals who have completed a 
     jail-based substance abuse treatment program;
       ``(ii) requires each participant in the program to submit 
     to periodic substance abuse testing; and
       ``(iii) involves the coordination between the jail-based 
     substance abuse treatment program and other human service and 
     rehabilitation programs that may assist in the rehabilitation 
     of program participants, such as--

       ``(I) educational and job training programs;
       ``(II) parole supervision programs;
       ``(III) half-way house programs; and
       ``(IV) participation in self-help and peer group programs; 
     and

       ``(iv) assists in placing jail-based substance abuse 
     treatment program participants with appropriate community 
     substance abuse treatment facilities upon release from the 
     correctional facility at the end of a sentence or on parole.
       ``(e) Coordination and Consultation.--
       ``(1) Coordination.--Each State that makes 1 or more grants 
     under this section in any fiscal year shall, to the maximum 
     extent practicable, implement a statewide communications 
     network with the capacity to track the participants in jail-
     based substance abuse treatment programs established by local 
     correctional facilities in the State as those participants 
     move between local correctional facilities within the State.
       ``(2) Consultation.--Each State described in paragraph (1) 
     shall consult with the Attorney General and the Secretary of 
     Health and Human Services to ensure that each jail-based 
     substance abuse treatment program assisted with a grant made 
     by the State under this section incorporates applicable 
     components of comprehensive approaches, including relapse 
     prevention and aftercare services.
       ``(f) Use of Grant Amounts.--
       ``(1) In general.--Each local correctional facility that 
     receives a grant under this section shall use the grant 
     amount solely for the purpose of carrying out the jail-based 
     substance abuse treatment program described in the 
     application submitted under subsection (c).
       ``(2) Administration.--Each local correctional facility 
     that receives a grant under this section shall carry out all 
     activities relating to the administration of the grant 
     amount, including reviewing the manner in which the amount is 
     expended, processing, monitoring the progress of the program 
     assisted, financial reporting, technical assistance, grant 
     adjustments, accounting, auditing, and fund disbursement.
       ``(3) Restriction.--A local correctional facility may not 
     use any amount of a grant under this section for land 
     acquisition or a construction project.
       ``(g) Reporting Requirement; Performance Review.--
       ``(1) Reporting requirement.--Not later than March 1 of 
     each year, each local correctional facility that receives a 
     grant under this section shall submit to the Attorney 
     General, through the State, a description and evaluation of 
     the jail-based substance abuse treatment program carried out 
     by the local correctional facility with the grant amount, in 
     such form and containing such information as the Attorney 
     General may reasonably require.
       ``(2) Performance review.--The Attorney General shall 
     conduct an annual review of each jail-based substance abuse 
     treatment program assisted under this section, in order to 
     verify the compliance of local correctional facilities with 
     the requirements of this section.
       ``(h) No Effect on State Allocation.--Nothing in this 
     section shall be construed to affect the allocation of 
     amounts to States under section 1904(a).''.
       (b) Technical Amendment.--The table of contents for title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended, in the matter relating to 
     part S, by adding at the end the following:

``1906. Jail-based substance abuse treatment.''.
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Bennett):
  S. 1877. A bill to remove barriers to the provision of affordable 
housing for all Americans; to the Committee on Banking, Housing, and 
Urban Affairs.


           the affordable housing barrier removal act of 1998

  Mr. WYDEN. Mr. President, In Oregon and across America, people are 
starting to think that ``affordable housing'' is the biggest oxymoron 
since ``jumbo shrimp''. Decent houses have become unaffordable for many 
working moderate-income families. Mr. President, today I am introducing 
the ``Affordable Housing Barrier Removal Act.'' This bill encourages 
all governments to streamline regulations to help bring home ownership 
within the reach of middle class families who can only dream of it 
today.

  The Department of Housing and Urban Development (HUD) says that 
housing is affordable if all costs--mortgage, utilities, property taxes 
and insurance--consume no more than 30 percent of household gross 
income. Yet in Clackamas County, Oregon, for example, the median family 
income is $49,600, while the average cost of a house is $200,000. This 
makes it virtually impossible for many people, especially young 
families, to obtain all the benefits of home ownership.
  While many factors contribute to real estate prices, one of the main 
things that drives prices higher is the proliferation of government 
rules and fees. In Portland, fully 5 percent of the average home price 
of $155,400 comes directly from permit fees and so-called ``system 
delivery charges,'' some of which may serve worthwhile purposes, but 
should be re-examined as a total package. All of these added costs are 
eventually passed onto the buyer and often keep families from buying 
homes they could otherwise afford.
  The federal government has a role to play in the affordable housing 
debate. It can promote community goals of environmental protection, 
access for people with disabilities, and better transportation 
planning, in the context of their financial impact on home buyers.
  This bill, the Affordable Housing Barrier Removal Act of 1998, would 
do this by encouraging the formation of Barrier Removal Councils in 
every local jurisdiction that receives HUD block grants for community 
development. Mr. President, back home in Oregon I have assembled a 
housing task force to advise me on housing policies. My task force told 
me that communities need to sit down and examine the issue of 
affordable housing before the bricks are set and the mortar is poured. 
That's why these Barrier Removal Councils are important. These councils 
would be charged with taking the kind of big-picture approach that can 
identify ways to lower barriers to home ownership that overlapping and 
outdated regulations cause. In other words, we need to look at the 
forest as a whole, not just one tree at a time.
  This bill is similar to legislation I introduced last week to 
establish a special bicameral Sunset Committee in Congress to review 
every federal program every five years. Programs, regulations, and laws 
tend to pile up because legislatures at both the local and federal 
levels generally work to address specific problems, one at a time, 
often forgetting to examine the cumulative effect of prior laws. There 
is a need to set up mechanisms to examine regulations affecting 
affordable housing in their totality. This bill would also call for a 
special national conference every two years to discuss regulations that 
may be barriers, and creates a national clearinghouse to provide 
information to communities on the work being done to remove barriers in 
other parts of the country.
  This legislation will help home buyers by improving some of the ways 
the Federal Housing Administration--the lender for many middle-income 
families--operates. It allows them to make loans to more people, by 
redefining the areas they operate in. And it simplifies the convoluted 
process that FHA uses to determine the down payment that a family is 
expected to make. You should not need Bill Gates' money to afford a 
home and you should not need his math skills to figure out how much 
your house is going to cost.
  Finally, Mr. President, our bill asks the federal government to take 
the impact on home buyers into account by requiring all federal 
agencies to include a housing impact analysis, except on policies where 
there is no impact. The Housing Impact Statement focuses the attention 
of agencies on the question ``how does this policy affect home prices'' 
every time it tries to solve a problem by instituting a new regulation. 
It is always important for government at every level to understand the 
consequences of its actions. This is an effort to try to instill that 
good government philosophy into the housing area.

[[Page S2725]]

  Home ownership has always been part of the American Dream. It is 
everyone's responsibility to keep it from just being a dream for 
working families.
  Mr. BENNETT. Mr. President, I rise today to introduce, with Senator 
Wyden, the Affordable Housing Barrier Removal Act of 1998. According to 
the National Association of Home Builders, housing compromises 12 
percent of the economy of the United States and the housing 
construction and remodeling industries employ approximately 2 million 
people each year. However, housing costs continue to rise and housing 
affordability continues to be a challenge for many American families.
  Unnecessary regulations contribute significantly to the costs of 
housing. Layers of excessive and unnecessary regulation imposed by all 
levels of government--federal, state, and local--can add 20 to 35 
percent to the cost of a new home.
  Mr. President, the removal of regulatory burdens is essential to 
increasing the home ownership rate in the United States. Home ownership 
is the cornerstone of family security, stability, and prosperity. 
Congress has the responsibility to do all that it can to encourage and 
promote policies that increase homeownership.
  Mr. President, it is for these reasons that Senator Wyden and I 
introduce the Barriers bill today. This bipartisan bill has three major 
goals. First, the bill require federal agencies to evaluate any new 
rule or regulations to determine if they have an impact on the cost of 
housing. Second, the bill will encourage states and localities to bring 
together all the parties involved in the production of housing and 
those who regulate them to discuss barriers and how to remove them. 
Third, the bill will remove outdated requirements in the Federal 
Housing Administration's single-family mortgage insurance program to 
make the program more efficient.
  In addition to the major goals of the legislation, the Barriers bill 
will authorize the United States Department of Housing and Urban 
Development (HUD) to become more involved in comprehensive efforts to 
encourage barrier removal activities. As the federal entity that 
oversees our national housing policy, HUD must be actively involved in 
strategies and activities to remove regulatory burdens to produce more 
affordable housing.
  Mr. President, while there is no doubt regulations are necessary to 
protect our workers and our environment, there must be a commonsense 
approach to relief from excessive regulatory burdens that impact other 
sectors of the economy. I look forward to the input from my other 
colleagues and others involved in the housing industry about this 
legislation. I believe it opens an important and timely dialogue, and I 
commend Senator Wyden for the leadership he is showing on this issue.
                                 ______
                                 
      By Mr. KENNEDY (for himself and Mrs. Feinstein):
  S. 1878. A bill to amend the Immigration Nationality Act to authorize 
a temporary increase in the number of skilled foreign workers admitted 
to the United States, to improve efforts to recruit United States 
workers in lieu of foreign workers, and to enforce labor conditions 
regrading non-immigrant aliens; to the Committee on the Judiciary.


        the high-tech immigration and u.s. worker protection act

  Mr. KENNEDY. Mr. President, I am honored to join Senator Feinstein to 
introduce legislation to grant a temporary increase in immigration 
quotas for high tech jobs, while taking additional steps to ensure that 
more American workers are trained for these jobs.
  For the next decade, high tech industries will create over a million 
new jobs in the United States. Some have called for a permanent 
increase in the quotas, to ensure that companies have the workers they 
need to survive in this highly competitive market.
  The problem is obvious. A permanent increase would permanently deny 
these good jobs to American workers, and that's not acceptable. The 
labor market will adjust in time, as it always does, as more and more 
Americans enter this field. It would be a mistake to tilt the balance 
unfairly against them.
  Our immigration laws should not undercut the ability of young 
Americans, downsized defense workers, and others to enter this dynamic 
field.
  This week, the General Accounting Office sent a clear warning on this 
issue, saying that the job market studies used by the industry are 
flawed, and do not prove that significant worker shortage exists.
  Our legislation will accomplish three goals:
  First, it provides a temporary increase in immigration quotas from 
65,000 to 90,000 visas a year for the next three years. This increase 
will enable U.S. companies to hire the workers they need now.
  Second, we invest in training U.S. workers. Americans want these 
jobs, and they deserve the training needed to get them. Our bill 
proposes a modest $250 application fee for each foreign worker sought 
under the immigration quota. The fee will raise approximately $100 
million each year over the next three years to fund training 
opportunities for Americans.
  Third, our bill strengthens the enforcement of the immigration laws. 
It gives the Labor Department greater authority and resources to ensure 
that employers pay the proper wage and meet other standards in hiring 
foreign workers. We specifically make it illegal for employers to lay 
off American workers and hire foreign workers to replace them. In other 
words, employers should hire at home first in obtaining new workers, 
before importing them from abroad.
  We believe these steps meet the immediate needs of this important 
industry, while preserving the priority we own our own workers, and we 
urge Congress to enact them.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

   Kennedy-Feinstein High-Tech Immigration and United States Worker 
                             Protection Act

       Temporarily increases 65,000-visa immigration quota of 
     temporary foreign professional and skilled workers (``H-1B 
     visas'').
       FY 98-2000: 90,000 visas.
       After FY2000, return to 65,000 visas annually.
       Creates $100 million training program funded through $250 
     employer user fee.
       $90 million for loans to workers to obtain training.
       $10 million to local ``regional skills alliances'' to 
     identify local labor market needs and develop strategies.
       Enhances Accountability and Program Integrity.
       Authority to investigate: Provides Labor Department 
     independent ability to enforce labor laws against those who 
     break the law instead of waiting for a complaint. Provides $5 
     million for this purpose.
       Requires attestation that companies will not lay off 
     American workers: Bars employers from laying off U.S. workers 
     and bringing in replacement foreign workers.
       Requires attestation that companies will recruit at home 
     first: Requires local recruitment efforts before employers 
     can obtain foreign workers under the program.
       Expedited process: Retains requirement that Labor 
     Department process employer applications within 7 days to 
     ensure that new requirements pose no additional delay.

                          ____________________