[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.
____________________