[Congressional Record Volume 147, Number 148 (Wednesday, October 31, 2001)]
[Senate]
[Pages S11291-S11296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2040. Mr. DeWINE submitted an amendment intended to be proposed by 
him to the bill H.R. 3061, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 19, line 7, strike ``$361,524,000'' and insert 
     ``$291,524,000''.
       On page 43, line 23, strike ``$305,000,000'' and insert 
     ``$375,000,000''.
                                  ____

  SA 2041. Mr. DeWINE submitted an amendment intended to be proposed by 
him to the bill H.R. 3061, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 43, line 23, strike ``$305,000,000'' and insert 
     ``$375,000,000, except that the amounts appropriated in this 
     Act for administrative expenditures shall be reduced on a pro 
     rata basis by $70,000,000''.
                                  ____

  SA 2042. Mr. SESSIONS proposed an amendment to the bill H.R. 3061, 
making appropriations for the Departments of Labor, Health and Human 
Services, and Education, and related agencies for the fiscal year 
ending September 30, 2002, and for other purposes; as follows:

       On page 54, between lines 15 and 16, insert the following:
       Sec. __. (a) Floor on Area Wage Adjustment Factors Used 
     Under Medicare PPS for Inpatient hospital Services.--Section 
     1886(d)(3)(E) of the Social Security Act (42 U.S.C. 
     1395ww(d)(3)(E)) is amended--
       (1) by inserting ``(i) In general.--'' before ``The 
     Secretary'', and adjusting the margin two ems to the right;
       (2) by striking ``The Secretary'' and inserting ``Subject 
     to clause (ii), the Secretary''; and
       (3) by adding at the end the following new clause:
       ``(ii) Floor on area wage adjustment factor.--
     Notwithstanding clause (i), in determining payments under 
     this subsection for discharges occurring on or after October 
     1, 2001, the Secretary shall substitute a factor of .925 for 
     any factor that would otherwise apply under such clause that 
     is less than .925. Nothing in this clause shall be construed 
     as authorizing--
       ``(I) the application of the last sentence of clause (i) to 
     any substitution made pursuant to this clause, or
       ``(II) the application of the preceding sentence of this 
     clause to adjustments for area wage levels made under other 
     payment systems established under this title (other than the 
     payment system under section 1833(t)) to which the factors 
     established under clause (i) apply.''.
       (b) Floor on Area Wage Adjustment Factors Used Under 
     Medicare PPS for Outpatient hospital Services.--Section

[[Page S11292]]

     1833(t)(2) of the Social Security Act (42 U.S.C. 1395l(t)(2)) 
     is amended by adding at the end the following: ``For purposes 
     of subparagraph (D) for items and services furnished on or 
     after October 1, 2001, if the factors established under 
     clause (i) of section 1886(d)(3)(E) are used to adjust for 
     relative differences in labor and labor-related costs under 
     the payment system established under this subsection, the 
     provisions of clause (ii) of such section (relating to a 
     floor on area wage adjustment factor) shall apply to such 
     factors, as used in this subsection, in the same manner and 
     to the same extent (including waiving the applicability of 
     the requirement for such floor to be applied in a budget 
     neutral manner) as they apply to factors under section 
     1886.''.
                                  ____

  SA 2043. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill H.R. 3061, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and related 
agencies for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON MIXING HUMAN AND ANIMAL GAMETES.

       (a) Definitions.--In this section:
       (1) Gamete.--The term ``gamete'' means a haploid germ cell 
     that is an egg or a sperm.
       (2) Somatic cell.--The term ``somatic cell'' means a 
     diploid cell whose nucleus contains the full set of 
     chromosomes of a human or an animal.
       (b) Prohibition.--It shall be unlawful for any person to 
     knowingly attempt to create a human-animal hybrid by--
       (1) combine a human gamete and an animal gamete; or
       (2) conducting nuclear transfer cloning using a human egg 
     or a human somatic cell nucleus.
       (c) Sanctions.--
       (1) In general.--Any person who violates subsection (b) 
     shall be fined in accordance with title 18, United States 
     Code, or imprisoned for not more than 10 years, or both.
       (2) Civil penalties.--The Secretary of Health and Human 
     Services shall promulgate regulations providing for the 
     application of civil penalties to persons who violate 
     subsection (b).
                                  ____

  SA 2044. Mr. DASCHLE (for himself, Mr. Kennedy, Mr. Torricelli, Mr. 
Corzine, Mrs. Clinton, and Mr. Wellstone) proposed an amendment to the 
bill H.R. 3061, making appropriations for the Departments of Labor, 
Health and Human Services, and Education, and related agencies for the 
fiscal year ending September 30, 2002, and for other purposes; as 
follows:

       At the appropriate place, insert the following:

         TITLE __--PUBLIC SAFETY EMPLOYER-EMPLOYEE COOPERATION

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Public Safety Employer-
     Employee Cooperation Act of 2001''.

     SEC. __02. DECLARATION OF PURPOSE AND POLICY.

       The Congress declares that the following is the policy of 
     the United States:
       (1) Labor-management relationships and partnerships are 
     based on trust, mutual respect, open communication, bilateral 
     consensual problem solving, and shared accountability. Labor-
     management cooperation fully utilizes the strengths of both 
     parties to best serve the interests of the public, operating 
     as a team, to carry out the public safety mission in a 
     quality work environment. In many public safety agencies it 
     is the union that provides the institutional stability as 
     elected leaders and appointees come and go.
       (2) The Federal Government needs to encourage conciliation, 
     mediation, and voluntary arbitration to aid and encourage 
     employers and their employees to reach and maintain 
     agreements concerning rates of pay, hours, and working 
     conditions, and to make all reasonable efforts through 
     negotiations to settle their differences by mutual agreement 
     reached through collective bargaining or by such methods as 
     may be provided for in any applicable agreement for the 
     settlement of disputes.
       (3) The absence of adequate cooperation between public 
     safety employers and employees has implications for the 
     security of employees and can affect interstate and 
     intrastate commerce. The lack of such labor-management 
     cooperation can detrimentally impact the upgrading of police 
     and fire services of local communities, the health and well-
     being of public safety officers, and the morale of the fire 
     and police departments. Additionally, these factors could 
     have significant commercial repercussions. Moreover, 
     providing minimal standards for collective bargaining 
     negotiations in the public safety sector can prevent work 
     stoppages and industrial strife between labor and management 
     that interferes with the normal flow of commerce.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Authority.--The term ``Authority'' means the Federal 
     Labor Relations Authority.
       (2) Emergency medical services personnel.--The term 
     ``emergency medical services personnel'' means an individual 
     who provides out-of-hospital emergency medical care, 
     including an emergency medical technician, paramedic, or 
     first responder.
       (3) Employer; public safety agency.--The terms ``employer'' 
     and ``public safety agency'' mean any State, political 
     subdivision of a State, the District of Columbia, or any 
     territory or possession of the United States that employs 
     public safety officers.
       (4) Firefighter.--The term ``firefighter'' has the meaning 
     given the term ``employee engaged in fire protection 
     activities'' in section 3(y) of the Fair Labor Standards Act 
     (29 U.S.C. 203(y)).
       (5) Labor organization.--The term ``labor organization'' 
     means an organization composed in whole or in part of 
     employees, in which employees participate, and which 
     represents such employees before public safety agencies 
     concerning grievances, conditions of employment and related 
     matters.
       (6) Law enforcement officer.--The term ``law enforcement 
     officer'' has the meaning given such term in section 1204(5) 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796b(5)).
       (7) Management employee.--The term ``management employee'' 
     has the meaning given such term under applicable State law in 
     effect on the date of enactment of this Act. If no such State 
     law is in effect, the term means an individual employed by a 
     public safety employer in a position that requires or 
     authorizes the individual to formulate or determine the 
     policies of the employer.
       (8) Public safety officer.--The term ``public safety 
     officer''--
       (A) means an employee of a public safety agency who is a 
     law enforcement officer, a firefighter, or an emergency 
     medical services personnel;
       (B) includes an individual who is temporarily transferred 
     to a supervisory or management position; and
       (C) does not include a permanent supervisory or management 
     employee.
       (9) Substantially provides.--The term ``substantially 
     provides'' means that the State provides rights and 
     responsibilities that are comparable to or greater than the 
     essential requirements of this title, specifically, the right 
     to form and join a labor organization, the right to bargain 
     over wages, hours, and conditions of employment, the right to 
     sign an enforceable contract, and availability of some form 
     of mechanism to break an impasse, such as arbitration, 
     mediation, or fact finding.
       (10) Supervisory employee.--The term ``supervisory 
     employee'' has the meaning given such term under applicable 
     State law in effect on the date of enactment of this Act. If 
     no such State law is in effect, the term means an individual, 
     employed by a public safety employer, who--
       (A) has the authority in the interest of the employer to 
     hire, direct, assign, promote, reward, transfer, furlough, 
     lay off, recall, suspend, discipline, or remove public safety 
     officers, to adjust their grievances, or to effectively 
     recommend such action, if the exercise of the authority is 
     not merely routine or clerical in nature but requires the 
     consistent exercise of independent judgment; and
       (B) devotes a majority of time at work exercising such 
     authority.

     SEC. __04. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.

       (a) Determination.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Authority shall make a 
     determination as to whether a State substantially provides 
     for the rights and responsibilities described in subsection 
     (b). In making such determinations, the Authority shall 
     consider and give weight, to the maximum extent practicable, 
     to the opinion of affected parties.
       (2) Subsequent determinations.--
       (A) In general.--A determination made pursuant to paragraph 
     (1) shall remain in effect unless and until the Authority 
     issues a subsequent determination, in accordance with the 
     procedures set forth in subparagraph (B).
       (B) Procedures for subsequent determinations.--Upon 
     establishing that a material change in State law or its 
     interpretation has occurred, an employer or a labor 
     organization may submit a written request for a subsequent 
     determination. If satisfied that a material change in State 
     law or its interpretation has occurred, the Director shall 
     issue a subsequent determination not later than 30 days after 
     receipt of such request.
       (3) Judicial review.--Any State, political subdivision of a 
     State, or person aggrieved by a determination of the 
     Authority under this section may, during the 60 day period 
     beginning on the date on which the determination was made, 
     petition any United States Court of Appeals in the circuit in 
     which the person resides or transacts business or in the 
     District of Columbia circuit, for judicial review. In any 
     judicial review of a determination by the Authority, the 
     procedures contained in subsections (c) and (d) of section 
     7123 of title 5, United States Code, shall be followed.
       (b) Rights and Responsibilities.--In making a determination 
     described in subsection (a), the Authority shall consider 
     whether State law provides rights and responsibilities 
     comparable to or greater than the following:
       (1) Granting public safety officers the right to form and 
     join a labor organization, which may exclude management and 
     supervisory employees, that is, or seeks to be, recognized

[[Page S11293]]

     as the exclusive bargaining representative of such employees.
       (2) Requiring public safety employers to recognize the 
     employees' labor organization (freely chosen by a majority of 
     the employees), to agree to bargain with the labor 
     organization, and to commit any agreements to writing in a 
     contract or memorandum of understanding.
       (3) Permitting bargaining over hours, wages, and terms and 
     conditions of employment.
       (4) Requiring an interest impasse resolution mechanism, 
     such as fact-finding, mediation, arbitration or comparable 
     procedures.
       (5) Requiring enforcement through State courts of--
       (A) all rights, responsibilities, and protections provided 
     by State law and enumerated in this section; and
       (B) any written contract or memorandum of understanding.
       (c) Failure to Meet Requirements.--
       (1) In general.--If the Authority determines, acting 
     pursuant to its authority under subsection (a), that a State 
     does not substantially provide for the rights and 
     responsibilities described in subsection (b), such State 
     shall be subject to the regulations and procedures described 
     in section __05.
       (2) Effective date.--Paragraph (1) shall take effect on the 
     date that is 2 years after the date of enactment of this Act.

     SEC. __05. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Authority shall issue regulations 
     in accordance with the rights and responsibilities described 
     in section __04(b) establishing collective bargaining 
     procedures for public safety employers and officers in States 
     which the Authority has determined, acting pursuant to its 
     authority under section __04(a), do not substantially provide 
     for such rights and responsibilities.
       (b) Role of the Federal Labor Relations Authority.--The 
     Authority, to the extent provided in this title and in 
     accordance with regulations prescribed by the Authority, 
     shall--
       (1) determine the appropriateness of units for labor 
     organization representation;
       (2) supervise or conduct elections to determine whether a 
     labor organization has been selected as an exclusive 
     representative by a majority of the employees in an 
     appropriate unit;
       (3) resolve issues relating to the duty to bargain in good 
     faith;
       (4) conduct hearings and resolve complaints of unfair labor 
     practices;
       (5) resolve exceptions to the awards of arbitrators;
       (6) protect the right of each employee to form, join, or 
     assist any labor organization, or to refrain from any such 
     activity, freely and without fear of penalty or reprisal, and 
     protect each employee in the exercise of such right; and
       (7) take such other actions as are necessary and 
     appropriate to effectively administer this title, including 
     issuing subpoenas requiring the attendance and testimony of 
     witnesses and the production of documentary or other evidence 
     from any place in the United States, and administering oaths, 
     taking or ordering the taking of depositions, ordering 
     responses to written interrogatories, and receiving and 
     examining witnesses.
       (c) Enforcement.--
       (1) Authority to petition court.--The Authority may 
     petition any United States Court of Appeals with jurisdiction 
     over the parties, or the United States Court of Appeals for 
     the District of Columbia Circuit, to enforce any final orders 
     under this section, and for appropriate temporary relief or a 
     restraining order. Any petition under this section shall be 
     conducted in accordance with subsections (c) and (d) of 
     section 7123 of title 5, United States Code.
       (2) Private right of action.--Unless the Authority has 
     filed a petition for enforcement as provided in paragraph 
     (1), any party has the right to file suit in a State court of 
     competent jurisdiction to enforce compliance with the 
     regulations issued by the Authority pursuant to subsection 
     (b), and to enforce compliance with any order issued by the 
     Authority pursuant to this section. The right provided by 
     this subsection to bring a suit to enforce compliance with 
     any order issued by the Authority pursuant to this section 
     shall terminate upon the filing of a petition seeking the 
     same relief by the Authority.

     SEC. __06. STRIKES AND LOCKOUTS PROHIBITED.

       A public safety employer, officer, or labor organization 
     may not engage in a lockout, sickout, work slowdown, or 
     strike or engage in any other action that is designed to 
     compel an employer, officer, or labor organization to agree 
     to the terms of a proposed contract and that will measurably 
     disrupt the delivery of emergency services, except that it 
     shall not be a violation of this section for an employer, 
     officer, or labor organization to refuse to provide services 
     not required by the terms and conditions of an existing 
     contract.

     SEC. __07. EXISTING COLLECTIVE BARGAINING UNITS AND 
                   AGREEMENTS.

       A certification, recognition, election-held, collective 
     bargaining agreement or memorandum of understanding which has 
     been issued, approved, or ratified by any public employee 
     relations board or commission or by any State or political 
     subdivision or its agents (management officials) in effect on 
     the day before the date of enactment of this Act shall not be 
     invalidated by the enactment of this Act.

     SEC. __08. CONSTRUCTION AND COMPLIANCE.

       (a) Construction.--Nothing in this title shall be 
     construed--
       (1) to invalidate or limit the remedies, rights, and 
     procedures of any law of any State or political subdivision 
     of any State or jurisdiction that provides collective 
     bargaining rights for public safety officers that are 
     comparable to or greater than the rights provided under this 
     title;
       (2) to prevent a State from prohibiting bargaining over 
     issues which are traditional and customary management 
     functions, except as provided in section __04(b)(3);
       (3) to prevent a State from enforcing a right-to-work law 
     which prohibits employers and labor organizations from 
     negotiating provisions in a labor agreement that require 
     union membership or payment of union fees as a condition of 
     employment;
       (4) to invalidate any State law in effect on the date of 
     enactment of this Act that substantially provides for the 
     rights and responsibilities described in section 4(b) solely 
     because such State law permits an employee to appear in his 
     or her own behalf with respect to his or her employment 
     relations with the public safety agency involved; or
       (5) to prohibit a State from exempting from coverage under 
     this title a political subdivision of the State that has a 
     population of less than 5,000 or that employs less than 25 
     full time employees.
     For purposes of paragraph (5), the term ``employees'' 
     includes each and every individual employed by the political 
     subdivision except any individual elected by popular vote or 
     appointed to serve on a board or commission.
       (b) Compliance.--
       (1) Actions of states.--Nothing in this title shall be 
     construed to require a State to rescind or preempt laws or 
     ordinances of any of its political subdivisions if such laws 
     provide collective bargaining rights for public safety 
     officers that are comparable to or greater than the rights 
     provided under this title.
       (2) Actions of the authority.--Nothing in this title shall 
     be construed to required that the Authority preempt the laws 
     or ordinances of any political subdivision of a State if such 
     laws provide collective bargaining rights for public safety 
     officers that are comparable to or greater than the rights 
     provided under this title.

     SEC. __09. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out the provisions of this title.
                                  ____

  SA 2045. Mr. SESSIONS proposed an amendment to the bill H.R. 3061, 
making appropriations for the Departments of Labor, Heath and Human 
Services, and Education, and related agencies for the fiscal year 
ending September 30, 2002, and for other purposes; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. (a) Findings.--Congress finds that--
       (1) according to the Centers for Disease Control and 
     Prevention, over 765,000 people in the United States have 
     been diagnosed with the virus that causes AIDS since 1981, 
     and over 442,000 deaths have occurred in the United States as 
     a result of the disease;
       (2) Federal AIDS prevention funds should be used to provide 
     resources, training, technical assistance, and infrastructure 
     to national, regional, and community-based organizations 
     working to educate the public on the virus that causes AIDS 
     and stopping the spread of the disease;
       (3) recent reports from the Associated Press highlight the 
     use of Federal AIDS prevention money to conduct sexually 
     explicit workshops for homosexual men and women;
       (4) such sexually explicit workshops teach homosexual men 
     and women how to write erotic love stories and how to use sex 
     toys for solo and partner sex; and
       (5) Federal AIDS prevention funds should not be used to 
     promote sexual activity and behavior and potentially transmit 
     the disease that such funds were allocated to fight.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Inspector General of the 
     Department of Health and Human Services shall conduct an 
     audit of all Federal amounts allocated for AIDS prevention 
     programs and report to Congress concerning programs offering 
     sexually explicit workshops using such dollars.
                                  ____

  SA 2046. Mr. SESSIONS (for himself and Mr. Helms) submitted an 
amendment intended to be proposed by him to the bill H.R. 3061, making 
appropriations for the Departments of Labor, Heath and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. (a) Findings.--Congress finds that--
       (1) according to the Centers for Disease Control and 
     Prevention, over 765,000 people in the United States have 
     been diagnosed with the virus that causes AIDS since 1981, 
     and over 442,000 deaths have occurred in the United States as 
     a result of the disease;

[[Page S11294]]

       (2) Federal AIDS prevention funds should be used to provide 
     resources, training, technical assistance, and infrastructure 
     to national, regional, and community-based organizations 
     working to educate the public on the virus that causes AIDS 
     and stopping the spread of the disease;
       (5) Federal AIDS prevention funds should not be used to 
     promote sexual activity that could potentially transmit the 
     disease that such funds were allocated to fight.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Inspector General of the 
     Department of Health and Human Services shall conduct an 
     audit of all Federal amounts allocated for AIDS prevention 
     programs and report to Congress concerning the use of all 
     AIDS funds and explicit descriptions of programs and 
     workshops for AIDS prevention purposes.
                                  ____

  SA 2047. Mr. HATCH (for himself, and Mr. Harkin) submitted an 
amendment intended to be proposed by him to the bill H.R. 3061, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title V, add the following:
       Sec. __. 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. __. 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.
                                  ____

  SA 2048. Mr. HARKIN proposed an amendment to the bill H.R. 3061, 
making appropriations for the Departments of Labor, Health and Human 
Services, and Education, and related agencies for the fiscal year 
ending September 30, 2002, and for other purposes; as follows:

       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''.
                                  ____

  SA 2049. Mr. HARKIN (for Mr. Wyden) proposed an amendment to the bill 
H.R. 3061, making appropriations for the Departments of Labor, Health 
and Human Services, and Education, and related agencies for the fiscal 
year ending September 30, 2002, and for other purposes; as follows:

       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).''.
                                  ____

  SA 2050. Mr. HARKIN (for Ms. Collins (for herself and Mr. Reed)) 
proposed an amendment to the bill H.R. 3061, making appropriations for 
the Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2002, and for 
other purposes; as follows:

       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.

[[Page S11295]]

       (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.
                                  ____

  SA 2051. Mr. HARKIN (for Mr. Hatch) proposed an amendment to the bill 
H.R. 3061, making appropriations for the Departments of Labor, Health 
and Human Services, and Education, and related agencies for the fiscal 
year ending September 30, 2002, and for other purposes; as follows:

       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.
                                  ____

  SA 2052. Mr. HARKIN (for Mr. Inouye) proposed an amendment to the 
bill H.R. 3061, making appropriations for the Departments of Labor, 
Health and Human Services, and Education, and related agencies for the 
fiscal year ending September 30, 2002, and for other purposes; as 
follows:

       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''.
                                  ____

  SA 2053. Mr. HARKIN (for Mr. Bayh) proposed an amendment to the bill 
H.R. 3061, making appropriations for the Departments of Labor, Health 
and Human Services, and Education, and related agencies for the fiscal 
year ending September 30, 2002, and for other purposes; as follows:

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

  SA 2054. Mr. SESSIONS proposed an amendment to the bill H.R. 3061, 
making appropriations for the Departments of Labor, Health and Human 
Services, and Education, and related agencies for the fiscal year 
ending September 30, 2002, and for other purposes; as follows:

       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.
                                  ____

  SA 2055. Mr. GRAMM proposed an amendment to amendment SA 2044 
proposed by Mr. Daschle to the bill (H.R. 3061) making appropriations 
for the Departments of Labor, Health and Human Services, and Education, 
and related agencies for the fiscal year ending September 30, 2002, and 
for other purposes; as follows:

       After line 7 on page 9, insert the following:

[[Page S11296]]

       ``(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.''

                          ____________________