[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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