[Congressional Record Volume 145, Number 135 (Thursday, October 7, 1999)]
[Senate]
[Pages S12247-S12249]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

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

                                 ______
                                 

                  BOND (AND OTHERS) AMENDMENT NO. 2270

  Mr. BOND (for himself, Mr. Nickles and Mr. Hutchinson) proposed an 
amendment to amendment No. 1825 proposed by Mr. Bond 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:

       On page 1 of the amendment, strike all after the first word 
     and insert the following:
       ____. (a) Findings.--Congress makes the following findings:
       (1) The Department of Labor, through the Occupational 
     Safety and Health Administration (referred to in this section 
     as ``OSHA'') plans to propose regulations during 1999 to 
     regulate ergonomics in the workplace. A draft of OSHA's 
     ergonomics regulation became available on February 19, 1999.
       (2) A July 1997 report by the National Institute for 
     Occupational Safety and Health that reviewed epidemiological 
     studies that have been conducted of ``work related 
     musculoskeletal disorders of the neck, upper extremity, and 
     low back'' showed that there is insufficient evidence to 
     assess the level of risk to workers from repetitive motions. 
     Such evidence would be necessary for OSHA and the 
     administration to write an efficient and effective 
     regulation.
       (3) An August 1998 workshop on ``work related 
     musculoskeletal injuries'' held by the National Academy of 
     Sciences reviewed existing research on musculoskeletal 
     disorders. The workshop showed that there is insufficient 
     evidence to assess the level of risk to workers from 
     repetitive motions.
       (4) In October 1998, Congress and the President agreed that 
     the National Academy of Sciences should conduct a 
     comprehensive study of the medical and scientific evidence 
     regarding musculoskeletal disorders. The study is intended to 
     evaluate the basic questions about diagnosis and causes of 
     such disorders.
       (5) To complete that study, Public Law 105-277 appropriated 
     $890,000 for the National Academy of Sciences to complete a 
     peer-reviewed scientific study of the available evidence 
     examining a cause and effect relationship between repetitive 
     tasks in the workplace and musculoskeletal disorders or 
     repetitive stress injuries.
       (6) The National Academy of Sciences currently estimates 
     that this study will be completed late in 2000 or early in 
     2001.
       (7) Given the uncertainty and dispute about these basic 
     questions, and Congress' intention that they be addressed in 
     a comprehensive study by the National Academy of Sciences, it 
     is premature for OSHA to propose a regulation on ergonomics 
     as being necessary or appropriate to improve workers' health 
     and safety until such study is completed.
       (b) Prohibition.--None of the funds made available in this 
     Act may be used by the Secretary of Labor or the Occupational 
     Safety and Health Administration to promulgate or issue, or 
     to continue the rulemaking process of promulgating or 
     issuing, any standard, regulation, or guideline regarding 
     ergonomics prior to September 30, 2000.
                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 2271

  Mr. WELLSTONE proposed an amendment to amendment No. 1880 proposed by 
Mr. Wellstone to the bill, S. 2271, supra; as follows:

         Beginning on page 1 of the amendment, strike 
     ''$70,000,000'' and all that follows and insert the 
     following: ``$358,816,000 shall be made available to carry 
     out the mental health services block grant under subpart I of 
     part B of title XIX of the Public Health Service Act 
     ($48,816,000 of which shall become available on October 1, 
     2000 and remain available through September 30, 2001), and''.
                                 ______
                                 

                BINGAMAN (AND OTHERS AMENDMENT NO. 2272

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

       At the end of title II, add the following:

     SEC. 216. STUDY AND REPORT ON THE GEOGRAPHIC ADJUSTMENT 
                   FACTORS UNDER THE MEDICARE PROGRAM.

       (a) Study.--The Secretary of Health and Human Services 
     shall conduct a study on--
       (1) the reasons why, and the appropriateness of the fact 
     that, the geographic adjustment factor (determined under 
     paragraph (2) of section 1848(e) (42 U.S.C. 1395w-4(e)) used 
     in determining the amount of payment for physicians' services 
     under the medicare program is less for physicians' services 
     provided in New Mexico than for physicians' services provided 
     in Arizona, Colorado, and Texas; and
       (2) the effect that the level of the geographic cost-of-
     practice adjustment factor (determined under paragraph (3) of 
     such section) has on the recruitment and retention of 
     physicians in small rural states, including New Mexico, Iowa, 
     Louisiana, and Arkansas.
       (b) Report.--Not later than 3 months after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall submit a report to Congress on the study 
     conducted under subsection (a), together with any 
     recommendations for legislation that the Secretary determines 
     to be appropriate as a result of such study.
                                 ______
                                 

                      BINGAMAN AMENDMENT NO. 2273

  Mr. HARKIN (for Mr. Bingaman) proposed an amendment to the bill, S. 
1650 supra; as follows:

       At the appropriate place in the bill add the following:

     SEC.   . CONFOUNDING BIOLOGICAL AND PHYSIOLOGICAL INFLUENCES 
                   ON POLYGRAPHY.

       (a) Findings.--The Senate finds that--
       (1) The use of polygraph tests as a screening tool for 
     federal employees and contractor personnel is increasing.
       (2) A 1983 study by the Office of Technology Assessment 
     found little scientific evidence to support the validity of 
     polygraph tests in such screening applications.

[[Page S12248]]

       (3) The 1983 study further found that little or no 
     scientific study had been undertaken on the effects of 
     prescription and non-prescription drugs on the validity of 
     polygraph tests, as well as differential responses to 
     polygraph tests according to biological and physiological 
     factors that may vary according to age, gender, or ethnic 
     backgrounds, or other factors relating to natural variability 
     in human populations.
       (4) A scientific evaluation of these important influences 
     on the potential validity of polygraph tests should be 
     studied by a neutral agency with biomedical and physiological 
     expertise in order to evaluate the further expansion of the 
     use of polygraph tests on federal employees and contractor 
     personnel.
       (b) Sense of the Senate.--It is the Sense of the Senate 
     that the Director of the National Institutes of Health should 
     enter into appropriate arrangements with the National Academy 
     of Sciences to conduct a comprehensive study and 
     investigation into the scientific validity of polygraphy as a 
     screening tool for federal and federal contractor personnel, 
     with particular reference to the validity of polygraph tests 
     being proposed for use in proposed rules published at 64 Fed. 
     Reg. 45062 (August 18, 1999).
                                 ______
                                 

               BINGAMAN (AND FEINGOLD) AMENDMENT NO. 2274

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

       At the end of title II, add the following:


                  dental sealant demonstration program

       Sec.   . From amounts appropriated under this title for the 
     Health Resources and Services Administration, sufficient 
     funds are available to the Maternal Child Health Bureau for 
     the establishment of a multi-State preventive dentistry 
     demonstration program to improve the oral health of low-
     income children and increase the access of children to dental 
     sealants through community- and school-based activities.
                                 ______
                                 

                  BOND (AND OTHERS) AMENDMENT NO. 2275

  Mr. SPECTER (for Mr. Bond (for himself, Mr. Harkin, Mr. Ashcroft, Mr. 
Grassley, Mr. Chafee, Mr. Biden, Mr. Wellstone, and Mr. Smith of 
Oregon)) proposed an amendment to the bill, S. 1650, supra; as follows:

       At the end of title II, add the following:


                  withholding of substance abuse funds

       Sec.   . (a) In General.--None of the funds appropriated by 
     this Act may be used to withhold substance abuse funding from 
     a State pursuant to section 1926 of the Public Health Service 
     Act (42 U.S.C. 300x-26) if such State certifies to the 
     Secretary of Health and Human Services that the State will 
     commit additional State funds, in accordance with subsection 
     (b), to ensure compliance with State laws prohibiting the 
     sale of tobacco products to individuals under 18 years of 
     age.
       (b) Amount of State Funds.--The amount of funds to be 
     committed by a State under subsection (a) shall be equal to 
     one percent of such State's substance abuse block grant 
     allocation for each percentage point by which the State 
     misses the retailer compliance rate goal established by the 
     Secretary of Health and Human Services under section 1926 of 
     such Act, except that the Secretary may agree to a smaller 
     commitment of additional funds by the State.
       (c) Supplement Not Supplant.--Amounts expended by a State 
     pursuant to a certification under subsection (a) shall be 
     used to supplement and not supplant State funds used for 
     tobacco prevention programs and for compliance activities 
     described in such subsection in the fiscal year preceding the 
     fiscal year to which this section applies.
       (d) The Secretary shall exercise discretion in enforcing 
     the timing of the State expenditure required by the 
     certification described in subsection (a) as late as July 31, 
     2000.
                                 ______
                                 

                        BOXER AMENDMENT NO. 2276

  Mr. HARKIN (for Mrs. Boxer) proposed an amendment to the bill, S. 
1650, supra; as follows:

       At the appropriate place add the following:
       Sec. ____. (a) Findings.--Congress makes the following 
     findings:
       (1) In 1999, prostate cancer is expected to kill more than 
     37,000 men in the United States and be diagnosed in over 
     180,000 new cases.
       (2) Prostate cancer is the most diagnosed nonskin cancer in 
     the United States.
       (3) African Americans have the highest incidence of 
     prostate cancer in the world.
       (4) Considering the devastating impact of the disease among 
     men and their families, prostate cancer research remains 
     underfunded.
       (5) More resources devoted to clinical and translational 
     research at the National Institutes of Health will be highly 
     determinative of whether rapid advances can be attained in 
     treatment and ultimately a cure for prostate cancer.
       (6) The Congressionally Directed Department of Defense 
     Prostate Cancer Research Program is making important strides 
     in innovative prostate cancer research, and this Program 
     presented to Congress in April of 1998 a full investment 
     strategy for prostate cancer research at the Department of 
     Defense.
       (7) The Senate expressed itself unanimously in 1998 that 
     the Federal commitment to biomedical research should be 
     doubled over the next 5 years.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) finding treatment breakthroughs and a cure for prostate 
     cancer should be made a national health priority;
       (2) significant increases in prostate cancer research 
     funding, commensurate with the impact of the disease, should 
     be made available at the National Institutes of Health and to 
     the Department of Defense Prostate Cancer Research Program; 
     and
       (3) these agencies should prioritize prostate cancer 
     research that is directed toward innovative clinical and 
     translational research projects in order that treatment 
     breakthroughs can be more rapidly offered to patients.
                                 ______
                                 

                       DeWINE AMENDMENT NO. 2277

  Mr. SPECTER (for Mr. DeWine) proposed an amendment to the bill, S. 
1650 supra; as follows:

       On page 59, line 25, strike ``$1,404,631,000'' and insert 
     ``$1,406,631,000'' in lieu thereof.
       On page 60, before the period on line 10, insert the 
     following: ``: Provided further, That $2,000,000 shall be for 
     carrying out Part C of title VIII of the Higher Education 
     Amendments of 1998.''
       On page 62, line 23, decrease the figure by $2,000,000.
                                 ______
                                 

              HUTCHISON (AND BINGAMAN) AMENDMENT NO. 2278

  Mr. SPECTER (for Mrs. Hutchison (for herself and Mr. Bingaman)) 
proposed an amendment to the bill, S. 1650, supra; as follows:

       At the appropriate place, insert the following:
       Sec.    . The United States-Mexico Border Health Commission 
     Act (22 U.S.C. 290n et seq.) is amended--
       (1) by striking section 2 and inserting the following:

     ``SEC. 2. APPOINTMENT OF MEMBERS OF BORDER HEALTH COMMISSION.

       ``Not later than 30 days after the date of enactment of 
     this section, the President shall appoint the United States 
     members of the United States-Mexico Border-Health Commission, 
     and shall attempt to conclude an agreement with Mexico 
     providing for the establishment of such Commission.''; and
       (2) in section 3--
       (A) in paragraph (1), by striking the semi-colon and 
     inserting ``; and'';
       (B) in paragraph (2)(B), by striking ``; and'' and 
     inserting a period; and
       (C) by striking paragraph (3).
                                 ______
                                 

                   SPECTER AMENDMENTS NOS. 2279-2280

  Mr. SPECTER proposed two amendments to the bill, S. 1650, supra; as 
follows:

                           Amendment No. 2279

       On page 50, line 17, strike ``$459,500,000'' and insert in 
     lieu thereof ``$494,000,000''.
                                  ____


                           Amendment No. 2280

       On page 66, line 24, strike all after the colon up to the 
     period on line 18 of page 67.
                                 ______
                                 

                       COCHRAN AMENDMENT NO. 2281

  Mr. SPECTER (for Mr. Cochran) proposed an amendment to the bill, S. 
1650 supra; as follows:

       On page 42, before the period on line 8 insert the 
     following: ``: Provided further, That sufficient funds shall 
     be available from the Office on Women's Health to support 
     biological, chemical and botanical studies to assist in the 
     development of the clinical evaluation of phytomedicines in 
     women's health''.
                                 ______
                                 

                 WYDEN (AND OTHERS) AMENDMENT NO. 2282

  Mr. HARKIN (for Mr. Wyden (for himself, Mr. Graham, and Mr. Smith of 
Oregon)) proposed an amendment to the bill, S. 1650, supra; as follows:

       On page 19, line 6, insert before the period the following: 
     ``: Provided further, That funds made available under this 
     heading shall be used to report to Congress, pursuant to 
     section 9 of the Act entitled `An Act to create a Department 
     of Labor' approved March 4, 1913 (29 U.S.C. 560), with 
     options that will promote a legal domestic work force in the 
     agricultural sector, and provide for improved compensation, 
     longer and more consistent work periods, improved benefits, 
     improved living conditions and better housing quality, and 
     transportation assistance between agricultural jobs for 
     agricultural workers, and address other issues related to 
     agricultural labor that the Secretary of Labor determines to 
     be necessary''.
                                 ______
                                 

                 MURRAY (AND OTHERS) AMENDMENT NO. 2283

  Mr. HARKIN (for Mrs. Murray (for herself, Ms. Mikulski, Mr. Robb, 
Mrs.

[[Page S12249]]

Lincoln, and Mr. Reid)) proposed an amendment to the bill, S. 1650, 
supra; as follows:

       Beginning on page 1 of the amendment, strike all after the 
     first word and insert the following:

     ____. SENSE OF THE SENATE ON WOMEN'S ACCESS TO OBSTETRICAND 
                   GYNECOLOGICAL SERVICES.

       (a) Findings.--Congress makes the following findings:
       (1) In the 1st session of the 106th Congress, 23 bills have 
     been introduced to allow women direct access to their ob-gyn 
     provider for obstetric and gynecologic services covered by 
     their health plans.
       (2) Direct access to ob-gyn care is a protection that has 
     been established by Executive Order for enrollees in 
     medicare, medicaid, and Federal Employee Health Benefit 
     Programs.
       (3) American women overwhelmingly support passage of 
     federal legislation requiring health plans to allow women to 
     see their ob-gyn providers without first having to obtain a 
     referral. A 1998 survey by the Kaiser FamilyFoundation and 
     Harvard University found that 82 percent of Americans support 
     passage of a direct access law.
       (4) While 39 States have acted to promote residents' access 
     to ob- gyn providers, patients in other State- or in 
     Federally-governed health plans are not protected from access 
     restrictions or limitations.
       (5) In May of 1999 the Commonwealth Fund issued a survey on 
     women's health, determining that 1 of 4 women (23 percent) 
     need to first receive permission from their primary care 
     physician before they can go and see their ob-gyn provider 
     for covered obstetric or gynecologic care.
       (6) Sixty percent of all office visits to ob-gyn providers 
     are for preventive care.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress should enact legislation that requires health 
     plans to provide women with direct access to a participating 
     health provider who specializes in obstetrics and 
     gynecological services, and that such direct access should be 
     provided for all obstetric and gynecologic care covered by 
     their health plans, without first having to obtain a referral 
     from a primary care provider or the health plan.
                                 ______
                                 

                        REED AMENDMENT NO. 2284

  Mr. HARKIN (for Mr. Reed) proposed an amendment to the bill, S. 1650, 
supra; as follows:

       At the appropriate place, insert the following:
       Sec.   . The applicable time limitations with respect to 
     the giving of notice of injury and the filing of a claim for 
     compensation for disability or death by an individual under 
     the Federal Employees' Compensation Act, as amended, for 
     injuries sustained as a result of the person's exposure to a 
     nitrogen or sulfur mustard agent in the performance of 
     official duties as an employee at the Department of the 
     Army's Edgewood Arsenal before March 20, 1944, shall not 
     begin to run until the date of enactment of this Act.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 2285

  Mr. SPECTER (for Mr. Stevens) proposed an amendment to the bill, S. 
1650, supra; as follows:

       At the appropriate place in Title V--GENERAL PROVISIONS of 
     the bill insert the following new section--
       Sec. 5  . Section 169(d)(2)(B) of P.L. 105-220, the 
     Workforce Investment Act of 1998, is amended by striking ``or 
     Alaska Native villages or Native groups (as such terms are 
     defined in section 3 of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1602)).'', and inserting in lieu thereof, ``or 
     Alaska Natives.''
                                 ______
                                 

                 DURBIN (AND OTHERS) AMENDMENT NO. 2286

  Mr. HARKIN (for Mr. Durbin (for himself, Mr. DeWine, Mr. Abraham, and 
Mr. Specter)) proposed an amendment to the bill, S. 1650, supra; as 
follows:

       At the end of title II, add the following:


                            childhood asthma

       Sec.   . In addition to amounts otherwise appropriated 
     under this title for the Centers for Disease Control and 
     Prevention, 8.7 in addition to the $*** already provided for 
     asthma prevention programs which shall become available on 
     October 1, 2000 and shall remain available through September 
     30, 2001, and be utilized to provide grants to local 
     communities for screening, treatment and education relating 
     to childhood asthma.
                                 ______
                                 

                    INOUYE AMENDMENTS NOS. 2287-2288

  Mr. HARKIN (for Mr. Inouye) proposed two amendments to the bill, S. 
1650, supra; as follows:

                           Amendment No. 2287

       At the appropriate place, insert the following:
       Sec. (a) The Centers for Disease Control and Prevention 
     shall hereafter be known and designated as the ``Thomas R. 
     Harkin Centers for Disease Control and Prevention''.
       (b) Effective upon the date of enactment of this Act, any 
     reference in a law, document, record, or other paper of the 
     United States to the ``Centers for Disease Control and 
     Prevention'' shall be deemed to be a reference to the 
     ``Thomas R. Harkin Centers for Disease Control and 
     Prevention''.
       (c) Nothing in this section shall be construed as 
     prohibiting the Director of the Thomas R. Harkin Centers for 
     Disease Control and Prevention from utilizing for official 
     purposes the term ``CDC'' as an acronym for such Centers.
                                  ____


                           Amendment No. 2288

       At the appropriate place, insert the following:

     SEC. ____. DESIGNATION OF ARLEN SPECTER DEPARTMENT OF HEALTH 
                   AND HUMAN SERVICES.

       (a) In General.--The National Library of Medicine building 
     (building 38) at 8600 Rockville Pike, in Bethesda, Maryland, 
     shall be known and designated as the ``Arlen Specter National 
     Library of Medicine''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the Arlen Specter National Library of 
     Medicine.
                                 ______
                                 

                       HARKIN AMENDMENT NO. 2289

  Mr. HARKIN proposed an amendment to the bill, S. 1650, supra; as 
follows:

       On page 39, line 8, strike ``$6,682,635,000'' and insert 
     ``$6,684,635,000''.
       On page 40, line 20, strike ``$928,055,000'' and insert 
     ``$942,355,000''.
       On page 41, line 14, reduce the figure by $10,300,000.
       On page 62, line 23, strike ``$378,184,000'' and insert 
     ``$372,184,000''.

                          ____________________