[Congressional Record Volume 145, Number 129 (Wednesday, September 29, 1999)]
[Senate]
[Pages S11652-S11653]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2000

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                       DURBIN AMENDMENT NO. 1803

  (Ordered to lie on the table.)
  Mr. DURBIN submitted an amendment intended to be proposed by him to 
the bill (S. 1650) making appropriations for the Departments of Labor, 
Health and Human Services, and Education, and related agencies for the 
fiscal year ending September 30, 2000, and for other purposes; as 
follows:

       At the end of title III, add the following:


                21st century community learning centers

       Sec.  . In addition to amounts otherwise appropriated under 
     this title to carry out part I of title X of the Elementary 
     and Secondary Act of 1965 (20 U.S.C. 8241 et seq.), 
     $200,000,000 which shall become available on October 1, 2000 
     and shall remain available through September 30, 2001 for 
     academic year 2000-2001.
                                 ______
                                 

                 MURRAY (AND OTHERS) AMENDMENT NO. 1804

  Mrs. MURRAY (for herself, Mr. Daschle, Mr. Kennedy, Mrs. Feinstein, 
Mr. Levin, Mr. Wellstone, Mr. Durbin, Mr. Torricelli, Ms. Mikulski, Mr. 
Kerry, Mrs. Boxer, Mr. Sarbanes, Mr. Johnson, Mr. Dodd, Mr. Harkin, Ms. 
Landrieu, Mr. Reed, and Mr. Akaka) proposed an amendment to the bill, 
S. 1650, supra; as follows:

       On page 54 strike all after ``Act'' in line 18 through page 
     55 line 5 and insert the following: ``$3,086,634,000 of which 
     $1,151,550,000 shall become available on July 1, 2000, and 
     remain available through September 30, 2001, and of which 
     $1,439,750,000 shall become available on October 1, 2000 and 
     shall remain available through September 30, 2001 for 
     academic year 2000-2001: Provided, That of the amount 
     appropriated, $335,000,000 shall be for Eisenhower 
     professional development State grants under title II-B and up 
     to $750,000 shall be for an evaluation of comprehensive 
     regional assistance centers under title XIII of ESEA: 
     Provided further, That $1,400,000,000 shall be available, 
     notwithstanding any other provision of federal law, to 
     carry out programs in accordance with Section 307 of 105-
     277, the class size reduction program.
       ``Further, a local education agency that has already 
     reduced class size in the early grades to 18 or fewer 
     children can choose to use the funds received under this 
     section for locally designed programs--
       ``(i) to make further class-size reductions in grades 1 
     through 3, including special education classes;
       ``(ii) to reduce class size in kindergarten or other 
     grades, including special education classes; or
       ``(iii) to carry out activities to improve teacher quality, 
     including recruiting, mentoring and professional 
     development.''
                                 ______
                                 

                  GORTON (AND LOTT) AMENDMENT NO. 1805

  Mr. GORTON (for himself and Mr. Lott) proposed an amendment to the 
bill, S. 1650, supra; as follows:

       On page 55, line 2, strike all after ``Provided further,'' 
     to the period on line 5 and insert the following: 
     ``$1,200,000,000 is appropriated for a teacher assistance 
     initiative pending authorization of that initiative. If the 
     teacher assistance initiative is not authorized by July 1, 
     2000, the 1,200,000,000 shall be distributed as described in 
     Sec. 307(b)(1) (A and B) of the Department of Education 
     Appropriation Act of 1999. School districts may use the funds 
     for class size reduction activities as described in Sec. 
     307(c)(2)(A)(i-iii) of the Department of Education 
     Appropriation Act of 1999 or any activity authorized in Sec. 
     6301 of the Elementary and Secondary Education Act that will 
     improve the academic achievement of all students. Each such 
     agency shall use funds under this section only to supplement, 
     and not to supplant, State and local funds that, in the 
     absence of such funds, would otherwise be spent for 
     activities under this section.''
                                 ______
                                 

                     TORRICELLI AMENDMENT NO. 1806

  (Ordered to lie on the table.)
  Mr. TORRICELLI submitted an amendment intended to be proposed by him 
to the bill, S. 1650, supra; as follows:

       At the appropriate place, insert the following:


                               limitation

       Sec.   . None of the funds appropriated in this Act shall 
     be used by the Bureau of Labor Statistics for the realigning 
     of its New York City Regional Office as part of the 
     reorganization of the Bureau's field management structure.
                                 ______
                                 

                  REID (AND OTHERS) AMENDMENT NO. 1807

  Mr. REID (for himself, Mrs. Boxer, and Mr. Kennedy) submitted an 
amendment to the bill, S. 1650, supra; as follows:

       At the appropriate place, insert the following:
                    TITLE __--NEEDLESTICK PREVENTION

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Health Care Worker 
     Needlestick Prevention Act''.

     SEC. __02. REQUIREMENTS.

       (a) Bloodborne Pathogens Standard.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary of Labor, acting through the Occupational Safety 
     and Health Administration, shall amend the bloodborne 
     pathogens standard to require that--
       (A) employers utilize needleless systems and sharps with 
     engineered sharps injury protections in their work sites to 
     prevent the spread of bloodborne pathogens; and
       (B) to assist employers in meeting the requirement of 
     subparagraph (A), non-managerial direct care health care 
     workers of employers participate in the identification and 
     evaluation of needleless systems and sharps with engineered 
     sharps injury protections.
       (2) Exception.--The bloodborne pathogens standard 
     requirements of paragraph (1) shall apply to any employer, 
     except where the employer demonstrates, to the Secretary's 
     satisfaction, that--
       (A) there are circumstances in the employer's work facility 
     in which the needleless systems and sharps with engineered 
     sharps injury protections do not promote employee safety, 
     interfere with patient safety, or interfere with the success 
     of a medical procedure; or
       (B) the needleless systems and sharps with engineered 
     sharps injury protections required are not commercially 
     available to the employer.
       (b) Standard Content.--For carrying out the requirement of 
     subsection (a)(1) for needleless systems and sharps with 
     engineered sharps injury protections, the amendment required 
     by subsection (a) shall include the following:
       (1) Exposure control plan.--The employer shall include in 
     their exposure control plan an effective procedure for 
     identifying and selecting existing needleless systems and 
     sharps with engineered sharps injury protections and other 
     methods of preventing bloodborne pathogens exposure.
       (2) Sharps injury log.--In addition to the recording of all 
     injuries from contaminated sharps on the OSHA Occupational 
     Injuries and Illnesses 200 log or its equivalent, the 
     employer shall maintain a separate contaminated sharps injury 
     log containing the following information (to the extent such 
     information is known to the employer) with regard to each 
     exposure incident:
       (A) Date and time of the exposure incident.
       (B) Type and brand of sharp involved in the exposure 
     incident.
       (C) Description of the exposure incident which shall 
     include--
       (i) job classification of the exposed employee;
       (ii) department or work area where the exposure incident 
     occurred;
       (iii) the procedure that the exposed employee was 
     performing at the time of the incident;
       (iv) how the incident occurred;
       (v) the body part involved in the exposure incident;
       (vi) if the sharp had engineered sharps injury 
     protections--

       (I) whether the protective mechanism was activated, and 
     whether the injury occurred before the protective mechanism 
     was activated, during activation of the mechanism, or after 
     activation of the mechanism, if applicable; and
       (II) whether the employee received training on how to use 
     the device before use, and a brief description of the 
     training;

       (vii) if the sharp had no engineered sharps injury 
     protections, the injured employee's opinion as to whether and 
     how such a mechanism could have prevented the injury, as well 
     as the basis for the opinion; and
       (viii) the employee's opinion about whether any other 
     engineering, administrative, or work practice control could 
     have prevented the injury as well as the basis for the 
     opinion.
       (3) Training.--A requirement that all direct care health 
     care workers shall be provided adequate training on the use 
     of all needleless systems and sharps with engineered sharps 
     injury protections which they may be required to use.

     SEC. __03. NATIONAL CLEARINGHOUSE ON SAFER NEEDLE TECHNOLOGY.

       (a) In General.--The Director of the National Institute for 
     Occupational Safety and

[[Page S11653]]

     Health shall establish and maintain a national database on 
     existing needleless systems and sharps with engineered sharps 
     injury protections.
       (b) Evaluation Criteria.--The Director shall develop a set 
     of evaluation criteria for use by employers, employees, and 
     other persons when they are evaluating and selecting 
     needleless systems and sharps with engineered sharps injury 
     protections.
       (c) Training.--The Director shall develop a model training 
     curriculum to train employers, employees, and other persons 
     on the process of evaluating needleless systems and sharps 
     with engineered sharps injury protections and shall (to the 
     extent feasible) provide technical assistance to persons who 
     request such assistance.
       (d) Monitoring.--The Director shall establish a national 
     system to collect comprehensive data on needlestick injuries 
     to health care workers, including data on mechanisms to 
     analyze and evaluate prevention interventions in relation to 
     needlestick injury occurrence. In carrying out its duties 
     under this subsection, the National Institute for 
     Occupational Safety and Health shall have access to 
     information recorded by employers on the sharps injury log as 
     required by section __02(b)(2).

     SEC. __04. DEFINITIONS.

       For purposes of this title:
       (1) Bloodborne pathogens.--The term ``bloodborne 
     pathogens'' means pathogenic microorganisms that are present 
     in human blood and can cause disease in humans. These 
     pathogens include hepatitis B virus, hepatitis C virus, and 
     human immunodeficiency virus.
       (2) Contaminated.--The term ``contaminated'' means the 
     presence or the reasonably anticipated presence of blood or 
     other potentially infectious materials on an item or surface.
       (3) Direct care health care worker.--The term ``direct care 
     health care worker'' means an employee responsible for direct 
     patient care with potential occupational exposure to sharps 
     related injuries.
       (4) Employer.--The term ``employer'' means each employer 
     having an employee with occupational exposure to human blood 
     or other material potentially containing bloodborne 
     pathogens.
       (5) Engineered sharps injury protections.--The term 
     ``engineered sharps injury protections'' means--
       (A) a physical attribute built into a needle device used 
     for withdrawing body fluids, accessing a vein or artery, or 
     administering medications or other fluids, that effectively 
     reduces the risk of an exposure incident by a mechanism such 
     as barrier creation, blunting, encapsulation, withdrawal, 
     retraction, destruction, or other effective mechanisms; or
       (B) a physical attribute built into any other type of 
     needle device, or into a nonneedle sharp, which effectively 
     reduces the risk of an exposure incident.
       (6) Needleless system.--The term ``needleless system'' 
     means a device that does not use needles for--
       (A) the withdrawal of body fluids after initial venous or 
     arterial access is established;
       (B) the administration of medication or fluids; and
       (C) any other procedure involving the potential for an 
     exposure incident.
       (7) Sharp.--The term ``sharp'' means any object used or 
     encountered in a health care setting that can be reasonably 
     anticipated to penetrate the skin or any other part of the 
     body, and to result in an exposure incident, including, but 
     not limited to, needle devices, scalpels, lancets, broken 
     glass, broken capillary tubes, exposed ends of dental wires 
     and dental knives, drills, and burs.
       (8) Sharps injury.--The term ``sharps injury'' means any 
     injury caused by a sharp, including cuts, abrasions, or 
     needlesticks.
       (9) Sharps injury log.--The term ``sharps injury log'' 
     means a written or electronic record satisfying the 
     requirements of section __02(b)(2).

     SEC. __05. APPLICATION TO MEDICARE HOSPITALS.

       The Secretary of Health and Human Services shall provide by 
     regulation that, as a condition of participation under the 
     medicare program under title XVIII of the Social Security Act 
     of a hospital that is not otherwise subject to the bloodborne 
     pathogens standard amended under section __02(a) because it 
     is exempt from regulation by the Occupational Safety and 
     Health Administration, the hospital shall comply with the 
     bloodborne pathogen standard amended under section __02(a) 
     with respect to any employees of the hospital, effective at 
     the same time as such amended standard would have applied to 
     the hospital if it had not been so exempt.

     SEC. __06. EFFECTIVE DATE.

       This title shall become effective upon the date of its 
     enactment, except that the Secretary of Labor shall take the 
     action required by section __02 within 1 year of such date.
                                 ______
                                 

                        SMITH AMENDMENT NO. 1808

  Mr. SMITH of New Hampshire proposed an amendment to the bill, S. 
1650, supra; as follows:

       At the appropriate place, add the following:
       ``Sec.   . It is the sense of the Senate that the Conferees 
     on H.R. 2466, the Department of Interior and Related Agencies 
     Appropriations Act, shall include language prohibiting funds 
     from being used for the Brooklyn Museum of Art unless the 
     Museum immediately cancels the exhibit `Sensation,' which 
     contains obscene and pornographic pictures, a picture of the 
     Virgin Mary desecrated with animal feces, and other examples 
     of religious bigotry.''
                                 ______
                                 

                 BOXER (AND OTHERS) AMENDMENT NO. 1809

  Mrs. BOXER (for herself, Mr. Durbin, Mr. Kennedy, Mr. Kohl, Mr. 
Cleland, Mr. Johnson, Ms. Mikulski, Mr. Kerry, Mr. Levin, and Mr. 
Sarbanes) proposed an amendment to the bill, S. 1650, supra; as 
follows:

       At the end of the title III, add the following:


                21st century community learning centers

       Sec.   . In addition to amounts otherwise appropriated 
     under this title to carry out part I of title X of the 
     Elementary and Secondary Act of 1965 (20 U.S.C. 8241 et 
     seq.), $200,000,000 which shall become available on October 
     1, 2000 and shall remain available through September 30, 2001 
     for academic year 2000-2001.
                                 ______
                                 

                        GREGG AMENDMENT NO. 1810

  Mr. GREGG proposed an amendment to amendment No. 1809, proposed by 
Mrs. Boxer to the bill, S. 1650, supra; as follows:

       At the end of the amendment proposed strike the ``.'' and 
     insert the following: ``(which funds shall, notwithstanding 
     any other provision of this title, be used to carry out 
     activities under part B of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1411 et seq.) in accordance with the 
     requirements of such part, in lieu of being used to carry out 
     part I of title X)''.
                                 ______
                                 

                 BOXER (AND OTHERS) AMENDMENT NO. 1811

  (Ordered to lie on the table.)
  Mrs. BOXER (for herself, Mr. Johnson, Ms. Mikulski, Mr. Kerry, Mr. 
Levin, and Mr. Sarbanes) submitted an amendment intended to be proposed 
by them to the bill, S. 1650, supra; as follows:

       At the end of the amendment, add the following:
       Notwithstanding any other provision of this Act the 
     following shall apply:
       Sec.   . In addition to amounts otherwise appropriated 
     under this title to carry out part I of title X of the 
     Elementary and Secondary Act of 1965 (20 U.S.C. 8241 et 
     seq.), $200,000,000 which shall become available on October 
     1, 2000 and shall remain available through September 30, 2001 
     for academic year 2000-2001.
                                 ______
                                 

                     HUTCHINSON AMENDMENT NO. 1812

  (Ordered to lie on the table.)
  Mr. HUTCHINSON submitted an amendment intended to be proposed by him 
to the bill, S. 1650, supra; as follows:

       At the end of title I, add the following:


         transfer of funds for the consolidated health centers

       Sec.   . Notwithstanding any other provision of this Act, 
     $25,472,000 of the amounts appropriated for the National 
     Labor Relations Board under this Act shall be transferred and 
     utilized to carry out projects for the consolidated health 
     centers under section 330 of the Public Health Service Act 
     (42 U.S.C. 254b).

                          ____________________