[Congressional Record Volume 147, Number 148 (Wednesday, October 31, 2001)]
[Senate]
[Pages S11268-S11273]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
          RELATED AGENCIES APPROPRIATIONS ACT, 2002--Continued


                   Amendments Nos. 2048 through 2053

  Mr. HARKIN. Mr. President, I am going to ask consent to set aside the 
pending amendment only for the purpose of adopting six amendments that 
have been cleared on both sides as managers' amendments.
  Mr. President, I ask unanimous consent that we set aside the pending 
amendment and that six amendments that have been cleared by the 
managers on both sides be considered and adopted.

[[Page S11269]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 2048 through 2053) were agreed to, as follows:


                           AMENDMENT NO. 2048

       On page 33, line 22, strike all after the word ``Center'' 
     through the word ``vivarium'' on line 23.
       On page 33, line 25, strike all after the word ``related'' 
     through the word ``project'' on page 34, line 2, and insert, 
     in lieu thereof, ``contracts, which collectively include the 
     full scope of the project, may be employed for the 
     development and construction of the first and second phases 
     of the John Edward Porter Neuroscience Research Center''.
                                  ____



                           amendment no. 2049

(Purpose: To establish certain requirements relating to maintenance of 
           effort for State expenditures on public education)

       At the appropriate place, insert the following:
       Sec. 515. Section 102 of the Secure Rural Schools and 
     Community Self-Determination Act of 2000 (16 U.S.C. 500 note) 
     is amended by adding at the end the following:
       ``(f) State Contributions.--
       ``(1) Supplement, not supplant.--
       ``(A) In general.--Effective October 1, 2002, the portion 
     of the funds made available to a State to carry out this 
     section for a fiscal year that exceeds the baseline funding 
     for the State shall be used to supplement and not supplant 
     State (including local) public funds expended to provide free 
     public education.
       ``(B) Definitions.--In this paragraph:
       ``(i) Baseline funding.--The term `baseline funding', used 
     with respect to a State, means the funds made available to 
     the State to carry out this section for fiscal year 2000, 
     increased or decreased by the same percentage as the 
     percentage by which the Consumer Price Index for All Urban 
     Consumers (United States city average), published by the 
     Secretary of Labor, has increased or decreased by June of the 
     preceding fiscal year from such Index for June 2000.
       ``(ii) Free public education.--The term `free public 
     education' has the meaning given the term in section 14101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801).
       ``(2) Maintenance of effort.--
       ``(A) In general.--Effective October 1, 2002, a State may 
     receive funds under this section for a fiscal year only if 
     the Secretary of Education finds that the aggregate 
     expenditure of the State with respect to the provision of 
     free public education by such State for the preceding fiscal 
     year was not less than 100 percent of the baseline 
     expenditure for the State.
       ``(B) Use of funds.--If a State fails to receive funds 
     under this section for a fiscal year in accordance with 
     subparagraph (A), the Secretary of the Treasury shall use the 
     funds to make payments to the other States, in proportion to 
     the amounts already received by the other States under this 
     section for the fiscal year.
       ``(C) Waiver.--The Secretary of the Treasury may waive the 
     requirements of this paragraph if the Secretary determines 
     that such a waiver would be equitable due to--
       ``(i) exceptional or uncontrollable circumstances such as a 
     natural disaster; or
       ``(ii) a precipitous decline in the financial resources of 
     the State.
       ``(D) Definitions.--In this paragraph:
       ``(i) Aggregate expenditure.--The term `aggregate 
     expenditure', used with respect to a State, shall not include 
     any funds received by the State under this Act.
       ``(ii) Baseline expenditure.--The term `baseline 
     expenditure', used with respect to a State, means the 
     aggregate expenditure of the State with respect to the 
     provision of free public education by such State for fiscal 
     year 2000, increased or decreased by the same percentage as 
     the percentage by which the Consumer Price Index for All 
     Urban Consumers (United States city average), published by 
     the Secretary of Labor, has increased or decreased by June of 
     the preceding fiscal year from such Index for June 2000.
       ``(iii) Free public education.--The term `free public 
     education' has the meaning given the term in paragraph 
     (1).''.
                                  ____



                           amendment no. 2050

 (Purpose: To express the sense of the Senate regarding the release of 
   fiscal year 2001 emergency funding for the Low-Income Home Energy 
                          Assistance Program)

       At the appropriate place, add the following:
       Sec. 516. (a) Findings.--The Senate finds the following:
       (1) The Low-Income Home Energy Assistance Program (referred 
     to in this section as ``LIHEAP'') is the primary Federal 
     program available to help low-income households, the elderly, 
     and individuals with disabilities pay their home energy 
     bills.
       (2) Congress provided $300,000,000 in emergency funding for 
     LIHEAP in the Supplemental Appropriations Act, 2001 because 
     regular appropriations were insufficient to help States 
     offset the increase in high utility bills during the winter 
     of 2000-2001.
       (3) Congress expected that half of the emergency funding 
     would be made available for targeted assistance to States 
     with the most critical needs, and half would be given to help 
     States address unmet energy assistance needs resulting from 
     the extraordinary price increases in home heating fuels and 
     residential natural gas, experienced during the winter of 
     2000-2001.
       (4) In the winter of 2000-2001, there was a 30 percent 
     increase in households receiving LIHEAP assistance in large 
     part due to the high price of home energy and severe weather.
       (5) In the winter of 2000-2001, the LIHEAP program was only 
     able to serve 17 percent of the 29,000,000 households 
     eligible for LIHEAP assistance.
       (6) In the winter of 2000-2001--
       (A) heating oil prices were 36 percent higher than in the 
     winter of 1999-2000, and residential natural gas cost 42 
     percent more per cubic foot than in the winter of 1999-2000; 
     and
       (B) the weather was 10 percent colder than in the winter of 
     1999-2000.
       (7) In the winter of 2000-2001, record cold weather and 
     high home energy bills took a financial toll on low-income 
     families and the elderly who spend, on average, 19.5 percent 
     of their annual income on energy bills, as compared to 3.7 
     percent for all other households.
       (8) Families in the United States need emergency LIHEAP 
     funding to pay home energy bills from the winter of 2000-2001 
     and restore heat as the succeeding winter approaches.
       (9) More citizens will need LIHEAP assistance in fiscal 
     year 2002 due to the recent increase in unemployment and the 
     slowing economy.
       (10) States are being forced to draw down fiscal year 2002 
     LIHEAP funds in order to address unmet needs from fiscal year 
     2001 and help low-income households pay overdue home energy 
     bills.
       (11) Emergency LIHEAP funding will provide States with 
     critical resources to help provide assistance to residents.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the President should immediately release the 
     $300,000,000 in emergency funding for LIHEAP provided by the 
     Supplemental Appropriations Act, 2001.
                                  ____



                           amendment no. 2051

  (Purpose: To express the sense of the Senate that the Department of 
  Health and Human Services produce a Notice, and for other purposes)

       On page 54, after the period on line 15, add the following:
       Sec. 218. Of the funds provided to the Office of the 
     General Counsel, not less than $500,000 shall be used to 
     provide legal support for enforcement of the labeling 
     provisions of the Dietary Supplement Health and Education Act 
     of 1994.
       Sec. 219. Expressing the sense of the Senate that the 
     Department of Health and Human Services publish a Notice 
     regarding Good Manufacturing Practices for dietary 
     supplements.
       Whereas over 100,000,000 Americans regularly use dietary 
     supplements to maintain and improve their health status;
       Whereas Congress has established a strong regulatory 
     framework to ensure that consumers have access to safe 
     dietary supplement products and information about those 
     products;
       Whereas Good Manufacturing Practice (GMP) regulations are 
     the primary enforcement tool whereby government inspectors 
     ensure that all food products (including dietary supplements) 
     are manufactured according to rigorous quality control 
     standards, including appropriate labeling, sanitation, purity 
     and records-keeping;
       Whereas the Dietary Supplement Health and Education Act of 
     1994 authorized development of Good Manufacturing Practice 
     guidelines for dietary supplements;
       Whereas the Good Manufacturing practice guidelines will be 
     instrumental in assuring the American public that dietary 
     supplements are properly manufactured and labeled; and
       Whereas those guidelines have been in development by the 
     Department of Health and Human Services, its operating 
     divisions, and the Office of Management and Budget, for over 
     5 years: Now, therefore, be it
       Resolved, That the Senate expresses a sense of the Senate 
     that the Department of Health and Human Services or its 
     operating divisions publish a Notice of Proposed Rulemaking 
     with respect to Good Manufacturing Practices for dietary 
     supplements within 15 days of enactment of this Act.
                                  ____



                           AMENDMENT NO. 2052

       At the appropriate place, on page 93, after line 12, insert 
     the following:
       Sec. 517. (a) Section 10 of the Native Hawaiian Health Care 
     Improvement Act (42 U.S.C. 11709) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Kamehameha School/Bishop Estate'' and inserting ``Papa Ola 
     Lokahi''; and
       (2) in subsection (b)(1)(C), by striking ``Kamehameha 
     School/Bishop Estate'' and inserting ``Papa Ola Lokahi''.
       (b) Section 338K(a) of the Public Health Service Act (42 
     U.S.C. 254s(a)) is amended by striking ``Kamehameha School/
     Bishop Estate'' and inserting ``Papa Ola Lokahi''.
                                  ____



                           amendment no. 2053

 (Purpose: To require the Comptroller General of the United States to 
      report on the State and local impacts of the administrative 
  simplification requirements of the Health Insurance Portability and 
                      Accountability Act of 1996)

       On page 93, after line 12, insert the following:

[[Page S11270]]

       Sec. 518. (a) Report.--Not later than 180 days after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall submit a report to the Committee on 
     Finance and the Committee on Health, Education, Labor, and 
     Pensions of the Senate and to the Committee on Energy and 
     Commerce and the Committee on Ways and Means of the House of 
     Representatives on the matters described in subsection (b) 
     with respect to the administrative simplification 
     requirements of the Health Insurance Portability and 
     Accountability Act of 1996 (Public Law 104-191; 110 Stat. 
     2021) and programs administered by State and local units of 
     government.
       (b) Matters Studies.--For purposes of subsection (a), the 
     matters described in this subsection include the following:
       (1) An assessment of Federal programs administered by State 
     and local units of government, including local educational 
     agencies, explicitly required to implement the administrative 
     simplification requirements under provisions of the Health 
     Insurance Portability and Accountability Act of 1996.
       (2) An assessment of other Federal and non-Federal programs 
     administered by State and local units of government, 
     including local educational agencies, that will be required 
     to implement the administrative simplification requirements 
     of the Health Insurance Portability and Accountability Act of 
     1996 in order to exchange electronic health data with private 
     sector providers and insurers.
       (3) An analysis of the costs that will be incurred by State 
     and local units of government, including local educational 
     agencies, to implement the administrative simplification 
     requirements of the Health Insurance Portability and 
     Accountability Act of 1996 in programs described in paragraph 
     (1) or (2).
       (4) An analysis of Federal resources available to units of 
     State and local government, including local educational 
     agencies, for implementing the administrative simplification 
     requirements of the Health Insurance Portability and 
     Accountability Act of 1996 in programs described in paragraph 
     (1) or (2).
       (5) An assessment of guidance provided to State and local 
     units of government, including local educational agencies, by 
     the Centers for Medicare and Medicaid Services and the 
     Department of Health and Human Services on the implementation 
     of the administrative simplification requirements of the 
     Health Insurance Portability and Accountability Act of 1996 
     in programs described in paragraph (1) or (2).
       (6) An assessment of the coordination between the Centers 
     for Medicare and Medicaid Services, the Department of Health 
     and Human Services, and other Federal agencies on the 
     implementation of the administrative simplification 
     requirements of the Health Insurance Portability and 
     Accountability Act of 1996 in Federal programs administered 
     by State and local units of government, including local 
     educational agencies, in programs described in paragraph (1) 
     or (2).
       (c) Definition.--In this section, the term ``administrative 
     simplification requirements'' means all standards for 
     transactions, data elements for such transactions, unique 
     health identifiers, code sets, security, and privacy issued 
     pursuant to sections 262 and 264 of the Health Insurance 
     Portability and Accountability Act of 1996.

  Mr. HARKIN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that the order 
for the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2054

  Mr. SESSIONS. Mr. President, I previously spoke on an amendment to 
provide for a study and report regarding Federal student loan 
disbursements to students attending foreign schools. I offer that 
amendment at this time.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Alabama [Mr. Sessions] proposes an 
     amendment numbered 2054.

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To provide for a study and report regarding Federal student 
       loan disbursements to students attending foreign schools)

       At the end, add the following:

     SEC. __. STUDY AND REPORT.

       (a) Findings.--Congress makes the following findings:
       (1) The number of students applying for loans and claiming 
     to attend foreign institutions has risen from 4,594 students 
     in 1993 to over 12,000 students in the 1998-1999 school year.
       (2) Since 1995 there have been at least 25 convictions of 
     students who fraudulently claimed they were attending a 
     foreign institution, then cashed the check issued directly to 
     them, and did not attend the foreign institution.
       (3) Tighter disbursement controls are necessary to reduce 
     the number of students fraudulently applying for loans under 
     title IV of the Higher Education Act of 1965 and claiming 
     they are going to attend foreign institutions. Funds should 
     not be disbursed for attendance at a foreign institution 
     unless the foreign institution can verify that the student is 
     attending the institution.
       (b) Study and Report.--
       (1) Study.--The Comptroller General shall conduct a study 
     regarding--
       (A) Federal student loan disbursements to students 
     attending foreign schools; and
       (B) fraud, waste, and abuse in the Federal Family Education 
     Loan Program as the fraud, waste, and abuse relates to 
     students receiving funding in order to attend a foreign 
     school.
       (2) Report.--The Comptroller General shall report to 
     Congress regarding the results of the study.
       (3) Report contents.--The report described in paragraph (2) 
     shall--
       (A) include information on whether or not there are 
     standards that a foreign school must meet for an American 
     student to attend and receive a federally guaranteed student 
     loan;
       (B) compare the oversight controls for loans dispensed to 
     students attending foreign schools and domestic institutions;
       (C) examine the default rates at foreign schools that 
     enroll American students receiving federally guaranteed 
     student loans and determine the number of students that are 
     receiving loans in multiple years; and
       (D) make recommendations for legislative changes that are 
     required to ensure the integrity of the Federal Family 
     Education Loan Program.

  Mr. SESSIONS. Mr. President, for the record, I made reference to this 
amendment earlier, but I inadvertently submitted another amendment. 
This is the amendment to which I spoke previously. I yield the floor.
  The PRESIDING OFFICER. The majority leader.
  Mr. DASCHLE. Mr. President, I have been consulting with the 
distinguished assistant Democratic leader. He reports to me there are a 
number of procedural agreements that have been entered into. I 
appreciate Senators' cooperation in reaching these agreements.
  As I understand it, we have also adopted by voice vote a couple of 
amendments. There are a number of amendments pending. It is my hope 
that we can proceed with votes on those at some point early in the day 
tomorrow. It would be my expectation that we could finish this bill by 
tomorrow night, and I would be inclined then not to have votes 
scheduled on Friday. We would want to lay down the appropriations bill 
on the District of Columbia, but I think we could probably work through 
that bill and make arrangements for further consideration of the bill 
early next week.
  We have to get this bill done. If we are not finished with it by 
tomorrow night, clearly we will work on it throughout the day on 
Friday. My hope is we could finish our work on it sometime tomorrow 
night, and then Senators would have the opportunity to schedule their 
day on Friday knowing there would not be votes, although there will be 
Senate business.
  I also have been asked by a number of our colleagues if we could 
accommodate them and their families tonight. We will do so. In keeping 
with that understanding, there will be no more rollcall votes this 
afternoon.
  Having said that, it means we have a very full day tomorrow with a 
lot of votes on amendments tomorrow. I hope Senators will come to the 
Chamber, offer their amendments, agree to time limits, and allow us to 
work through them. We are leaving a lot of work for 1 day, but it would 
be my hope we could complete our work on that day.

  I see the chairman is in the Chamber. I know he will work with 
Senators if they have amendments. Let us offer them tonight. Let us 
deal with them tomorrow if rollcalls are required, but let us get this 
bill done. I hope we can do so relatively early in the day. I yield the 
floor.
  The PRESIDING OFFICER. The Senator from Texas.


                           Amendment No. 2044

  Mr. GRAMM. Mr. President, we are in the midst of debating and 
amending an appropriations bill. Earlier in the day, the distinguished 
majority leader offered an amendment relating to labor rights of public 
safety employees. I have been told that because there was a reference 
to collective bargaining in some area related to agriculture in the 
bill, this made it possible for this extraneous amendment, having to do

[[Page S11271]]

with collective bargaining and unionism among public safety employees, 
to be offered and considered germane to the pending bill.
  If we are really trying to finish the Labor-HHS appropriations bill--
which I would like to do, because certainly it is in my interest, and 
it is in the interest of all 100 Members of the Senate, but, more 
importantly, I think it is in the interest of the working men and women 
of America that we finish our legislative activities prior to 
Thanksgiving and put our permanent appropriations process into place, 
hopefully adopt a stimulus package that is worthy of the name to help 
the economy and do the work we have to do and complete our business 
prior to Thanksgiving--Then I do not think the pending amendment 
related to unionism of public safety workers contributes to that 
desired goal of finishing our work. In fact, I think exactly the 
opposite is true.


                Amendment No. 2055 to Amendment No. 2044

  Mr. GRAMM. I have come to amend a pending Daschle amendment. So I 
call for regular order with respect to the Daschle amendment, and I 
send a second-degree amendment to the pending amendment to the desk, 
and I would like it read.
  The PRESIDING OFFICER. The Senator has called for regular order. The 
clerk will report the second degree amendment.
  The assistant legislative clerk read as follows:

       The Senator from Texas [Mr. Gramm] proposes an amendment 
     numbered 2055 to amendment No. 2044:
       After line 7 on page 9, insert the following:
       ``(6) Protecting the constitutional right of all 
     firefighters, law enforcement officers and public safety 
     employees who risk their lives on a daily basis to protect 
     our property, freedoms and loved ones in exercising their 
     right to follow their conscience in whether or not to join a 
     labor organization in connection with their decision to 
     pursue a career dedicated to service and sacrifice in defense 
     of the innocent in order to provide for their own families.''

  Mr. GRAMM. Mr. President, this is a right-to-work amendment for 
public safety employees. It is interesting to me that in listing the 
things we want to do in the pending amendment, we have before us an 
amendment which overrides State law, which overrides county ordinances, 
and which would literally set in place a structure to unionize the 
sheriff's department in Brazoria County in Texas. I think it would come 
as a shock to people that we are in the process of doing that in the 
name of appropriating for the Department of Health and Human Services.
  I am not in favor of doing this. I think this is a decision that 
States have to make. My State has decided Americans have a right to 
join or not join a union. My State is a right-to-work State, as 22 
other States are. In fact, Oklahoma just joined the ranks of States 
that give people the right to decide to join or not join unions.
  The idea that we are going to override State law and county 
ordinances and city ordinances to establish this Federal system of 
unionism comes as somewhat of a surprise to me.
  As I read the rights that we are guaranteeing, it struck me that a 
right was missing. In fact, a real right was missing. Basically, in the 
Daschle amendment, we guarantee public safety officers the right to 
form and join a labor organization but, interestingly enough, nowhere 
do we give them a right not to join a labor organization. I do not 
understand rights where you have the right to do something but you do 
not have the right not to do it. I thought rights had to do with 
freedom to choose.
  Under section 4 of the amendment, No. 2 on page 8, has to do with 
public safety employers recognizing employees' labor organizations.
  No. 3 has to do with collectively bargaining over hours and wages and 
terms and conditions of employment.
  No. 4 has to do with a requirement of dispute resolution.
  No. 5 has to do with requirements enforcement through State courts.
  It suddenly struck me that if this is really about rights, if we are 
going to try to reward those who have recently, through their actions, 
reaffirmed the affection and love that we have for them, should not one 
of those rights be freedom? In many States in the Union, people who are 
police officers or emergency workers do have the freedom to say, boy, I 
really appreciate you all giving me a chance to give you part of my 
wages and to join your union; I am really grateful for having a chance, 
but I do not want to do it, and I live in America. So since I live in 
America and you all have offered me this chance to be part of your 
union, but I would rather spend the money sending my child to college 
or buying a new refrigerator or fixing my truck, I am just going to say 
thank you but no thank you.
  Now we have before us a proposal that would basically override State 
law in every State in the Union, override county ordinances in every 
county in America, and override the policies of every city in this 
country and establish a Federal standard for unionism for public safety 
workers. Yet in all of these rights we are giving public safety 
workers, never, ever do we mention freedom.
  So we override State law. We set up a structure for unionism and we 
never give workers the right to say thanks but no thanks, I do not want 
to join a union; I appreciate it, but I think I could spend that money 
better than that union could spend it on my behalf. No harm meant, no 
disrespect. I just would rather spend it myself.
  So I sent to the desk a second-degree amendment that adds a No. 6. 
You have five other rights that basically override State law and set up 
a structure for unionism with regard to public safety and emergency 
employees. I add a sixth right, and that would be a right to not join a 
union.
  If we are going to override State authority and State law in setting 
up a structure for unionism, should not we override State law with 
regard to allowing people to say thank you but I do not want to join a 
union? I thought this was America.
  In fact, a public safety employee might say I put on this badge this 
morning to protect freedom and yet I find I do not have the freedom to 
not give my money to a union of which I do not want to be a member.
  So it struck me that if, in fact, we really want to get into the 
business of writing county ordinances--I did not run for the county 
commission because I did not want to make county ordinances, and I did 
not run for the state legislature because I did not want to make law at 
the State level. My State, my county do a great job. They did not need 
my help. I was needed in Washington, at least I thought. So I came to 
Washington to write Federal law, but now today I have found the 
majority leader has decided he wants to get in the county commission 
business and the city council business and the State legislature 
business.
  So as long as we are going to get into it, it seems to me that 
protecting freedom is something that we have to do. If we are going to 
have a Federal labor standard that protects people's right to join a 
union is a wonderful thing, is it less wonderful to protect their 
rights not to join a union? Is it really the American way to say you 
have a right to join a union--in fact, in over half the States in the 
Union, over half the States in the country, not to use the same word 
with a very different meaning, but in over half the States in America 
you have to join a union to be a police officer, you have to join a 
union to be a firefighter, you have to join a union to be an emergency 
worker because those States require that you join a union if that area 
is organized, and in those States it is.
  So as long as we are writing Federal statute, I wanted to add the 
simple provision that said you had a right to join or not to join as it 
would suit your individual conscience or as it would suit your own 
preferences and the well-being of your family. I hope this amendment 
will be adopted if we are going to adopt the Daschle amendment. I 
offered it in all seriousness because I think it ought to be included.

  If we really want to finish our work, I don't think this is an issue. 
I think the underlying Daschle amendment, while it is certainly 
germane--and the Parliamentarian has ruled it is germane--it doesn't 
promote our objectives to finish our business. I personally believe it 
should be dropped. If we are going to get into the business of 
overriding State law, county ordinances, and city ordinances, and 
mandate a structure of unionism, we ought to guarantee the right of 
people not to join a union.

[[Page S11272]]

  I have offered such an amendment. If people want to put it into a 
pigeonhole, they can put it in the pigeonhole of a national right-to-
work provision within a national union structure amendment that would 
simply say, with all the rights for unions the distinguished majority 
leader would provide, I add a right for an individual. The right is to 
say, yes, I want to join a union, or, no, I don't want to join a union.
  That is what my amendment does. I hope my colleagues will look at it. 
It is simple. It is five lines long. It is flowery; and quite frankly, 
so is the amendment I am amending. I didn't want my part to be less 
flowery than the rest of it. If you read it, you will understand 
exactly what I am talking about. I hope my colleagues will support it.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Mr. WELLSTONE. Mr. President, there are a few things I want to do on 
the floor. I thank Senator Daschle for his amendment. I have not looked 
at the amendment of the Senator from Texas. Looking at the language of 
the Daschle amendment, there is the operative language that the role of 
the Federal labor relations authority, to the extent provided in this 
title, in accordance with regulations prescribed in the authority, 
shall protect the right of each employee to join, form, or assist any 
union organization, or to refrain, freely and without fear of reprisal, 
and protect each employee in the exercise of such right.
  I think it ought to be clear that protection is already in the 
Daschle amendment.
  The second point is, there is absolutely nothing in this legislation 
that undercuts State laws. I personally think the right-to-work laws 
can be debated at some other time.
  Finally, I point out if they are interested in supporting the second-
degree amendment and undercutting the amendment Senator Daschle has 
introduced--and I ask unanimous consent to be a cosponsor of the 
Daschle amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WELLSTONE. That amendment basically is saying: Give the 
firefighters, the police, and other public safety workers the right to 
join a union and bargain collectively for decent wages and civilized 
working conditions, the right to be able to have a good wage to support 
their family. That is what this amendment says.
  I originally introduced this bill, or a version of this bill several 
years ago. Now we can get it to the floor of the Senate introduced by 
the Senate majority leader. We can give all the speeches in the world 
about how much we appreciate the first responders, those who came to 
the World Trade Center building and tried to save people and lost their 
lives--firefighters, police, and other rescue workers. We can give 
speeches about it, we can give concerts, we can pass resolutions, but 
the best way we can say thank you in this Chamber is to give these 
workers, these men and women, the right to join a union if they want to 
and to be able to bargain collectively.
  That is what the vote is about. The second-degree amendment undercuts 
the amendment that Senator Dashcle and others, myself included, have 
introduced.
  We will get back to this later. That is my initial quick response.
  Mr. HATCH. Madam President, last week during consideration of the 
Agriculture Appropriations bill, the Senate adopted an amendment 
Chairman Tom Harkin and I authored which will provide $1 million to the 
Food and Drug Administration for enforcement of three important 
consumer protection provisions of the Dietary Supplement Health and 
Education Act of 1994, DSHEA. Those provisions relate to the 
requirement that the dietary supplements be adequately labeled as to 
their ingredients and the proportion of each ingredient contained 
within, that statements of nutritional support (so-called ``structure/
function'' claims) must be truthful and non-misleading, and that 
manufacturers be able to substantiate the claims they make.
  These are very important protections we included in DSHEA so that 
consumers have the assurance that the products they buy are accurately 
labeled. In the seven years since the Congress passed this law 
unanimously, there have been sporadic reports that products are being 
sold that are not properly labeled. Indeed, the Senate Aging Committee 
held a hearing last month during which it was shown that there have 
been problems with appropriate enforcement of DSHEA.
  It is my strong contention that the law is completely adequate to 
deal with these problems, as FDA Commissioner Jane Henney advised the 
Congress on more than one occasion. However, it is obvious to me that 
enforcement has not been the priority it should be at HHS and FDA.
  Accordingly, I rise to offer an amendment which will provide the 
General Counsel with an additional $500,000 for legal support for 
enforcement of the labeling provisions of DSHEA. I am pleased to be 
joined in this effort by Chairman Harkin. This is part of our on-going 
initiative to make certain that consumers have access to safe dietary 
supplements and information about those products. This amendment we 
offer today will complement the amendment we adopted last week. The 
increased funding for the FDA's Center for Food Safety and Nutrition 
will be used for investigations and compliance activities in the field. 
The funds contained within the amendment we are offering today will be 
used to support any legal activities which might arise from field 
enforcement.
  Let me emphasize my strong belief that the majority of dietary 
supplements are of great benefit to consumers who wish to maintain or 
improve their healthy lives. However, consumers need the assurance that 
the products they buy are safe and accurately labeled, and it is time 
for the FDA to place a greater priority on enforcement against the few 
bad actors that are casting a large shadow over the industry. Our 
amendment will help the government place a renewed emphasis on removing 
illegal products from the marketplace. This will be a great benefit to 
American consumers.
  Before I close, let me mention one other provision of our amendment. 
The 1994 law called upon the FDA to develop Good Manufacturing 
Practice, GMP, guidelines for dietary supplements. GMPs are the primary 
enforcement tool whereby government inspectors ensure that all food 
products, including dietary supplements, are manufactured according to 
rigorous quality control standards, including appropriate labeling, 
sanitation, purity and records-keeping.
  Although HHS published an Advanced Notice of Proposed Rule-Making in 
early 1997, to date the agency has not published the Notice of Proposed 
Rule-Making which is necessary to being finalization of the GMPs. 
Senator Harkin and I have called, written and implored the Office of 
Management and Budget, HHS, and FDA to issue these regulations. To 
date, we have not been successful, although it is our understanding 
that the NPRM was about to be published in the final days of the 
Clinton Administration.
  I am not aware of what the NPRM will contain. Perhaps it will be a 
good document. Perhaps I will disagree with it vehemently. I cannot 
say.
  What I can say is that the NPRM must be published and available for 
comment before we can move to finalize the GMPs for dietary 
supplements. For that reason, the amendment we are offering today 
expresses the sense of the Senate that the Administration release this 
regulation within 15 days after the bill is enacted. It should not 
require an act of Congress for this regulation to be issued, and I 
still remain hopeful that the NPRM will be published in the next few 
days so that we may continue the long-delayed process of finalizing the 
regulation.
  I urge adoption of this amendment.
  Mr. REED. Mr. President, I rise to discuss the Labor, Health and 
Human Services, and Education appropriations bill.
  First, I want to commend Chairman Byrd and Senator Stevens, as well 
as Chairman Harkin and Senator Specter, and their staff, for their work 
on this bill. Given the budget realities, I know it wasn't an easy task 
to put this bill together, and I know they would agree we should have 
even more robust numbers for many programs.
  That is why it is important to recognize the increased investments 
contained in this bill, like dislocated workers; NIH; CDC; SAMHSA; 
LIHEAP; Head Start; Title I; teacher quality; and Pell grants.

[[Page S11273]]

  I am particularly pleased that the bill significantly enhances the 
childhood immunization program under CDC, providing $84.5 million more 
than last year and $62.5 million more than the administration's budget 
request.
  This additional funding is critical to the continued success of the 
program, which has faced dramatic increases in vaccine purchase costs, 
as well as new challenges in program outreach and in vaccine delivery 
infrastructure development.
  In addition to its work in preventing and tracking diseases, the CDC 
also plays a critical role in our effort to maintain and control the 
onset of chronic disease among Americans. Seven of every 10 deaths in 
this country each year can be attributed to chronic diseases such as 
heart disease, stroke and cancer.
  CDC's work to improve our understanding of risk factors, such as 
tobacco use, poor nutrition and lack of physical activity, through 
applied research is the cornerstone of our Nation's effort to curb the 
current epidemic of chronic disease related deaths.
  I would also like to commend the chairman and ranking member for 
preserving funding for the Health Professions Program at HRSA. This 
program provides vital support to academic institutions and students in 
an effort to improve the accessibility, quality and racial and ethnic 
diversity of the health care workforce. The administration's budget 
proposal would have decimated this program.
  During this time of shortages in a variety of health care settings, 
the health professions and nurse education programs are key to our 
continued efforts to recruit motivated and qualified individuals for 
the health care workforce.
  I have been particularly interested in the work of the Geriatric 
Education Centers Program, which provide training for health care 
professionals who provide care to our Nation's seniors, as well as 
support for faculty who teach geriatrics. Rhode Island has one of the 
highest concentrations of people over the age of 65, with persons over 
the age of 85 being the fastest growing segment of the population. As 
such, I am deeply concerned about the lack of health professionals 
specifically trained to address the health care needs of our rapidly 
aging population. The geriatric programs sponsored by HRSA, including 
one in my State, play a vital role in enhancing the skill base of 
health professionals who care for frail and vulnerable seniors.
  As a final point with regard to the health related provisions in this 
legislation, I would simply add that I hope that Senate conferees will 
be able to work with the House to increase the current funding level 
for the Community Access Program (CAP) at HRSA.
  I also want to thank Senators Harkin and specter for providing $2 
billion in LIHEAP funding. This is an 18-percent increase over funding 
provided in the fiscal year 2001 appropriation bill. LIHEAP is an 
important program for residents of the Northeast and Midwest, and this 
increased funding is especially important now. The slowing economy and 
layoffs will make it increasingly more difficult for low-income 
families to be able to afford to heat their homes this coming winter. 
If these families cannot pay their heating bills then they will be 
forced to chose between heat, prescription drugs, housing, and food. 
This additional funding will help working poor families maintain 
economic stability during this difficult time.

  As for education funding, I am pleased on many fronts. The bill 
provides an overall increase of $6.3 billion, including a $1.4 billion 
increase for title I, $925 million to preserve the School Renovation 
Program, $1 billion for the 21st Century Community Learning Centers 
(after school) program, $3 billion for teacher quality, and a $250 
boost in the maximum Pell grant to $4,000.
  I particularly appreciate the $15 million increase for LEAP, bringing 
funding for this program to $70 million. LEAP is a Federal-State 
partnership program which helps needy students attend and stay in 
college. I have worked closely with my colleague from Maine, Senator 
Collins, on this program, and I look forward to continuing to work with 
her, Chairman Harkin, and Senator Specter to maintain this funding 
level in conference.
  I also want to thank Chairman Harkin and Senator Specter for 
including funding for a critical national cause I have long championed, 
along with Senator Cochran and others in this body--support for our 
Nation's school libraries.
  The condition of our school libraries is a national disgrace; they 
either contain mostly bare shelves or are filled with outdated books. 
Without funding, the goal of the President's Reading First Program to 
ensure children can read and read well at an early age, will not be 
met.
  While I am pleased that the bill provides a modest downpayment for 
this program at $25 million, additional funding is certainly needed.
  I want to continue to work with Chairman Harkin and Senator Specter 
to provide increased resources for this critical program, so that it 
will work hand in hand with Reading First to improve our student's 
literacy levels and reading scores.
  Certainly Chairman Harkin's ESEA amendment to fully fund IDEA would 
provide the resources needed for the school library program and 
countless other programs, while meeting the needs of our children with 
disabilities and schools.
  I strongly support this effort, and will work with the chairman of 
the subcommittee to press for this amendment to be retained in the ESEA 
conference. Indeed, we must pass this amendment to ensure that 
essential initiatives get the funding needed to work.

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