[Senate Report 105-5]
[From the U.S. Government Publishing Office]




105th Congress, 1st Session -  -  -  -  -  -  - -  - Senate Report 105-5

 
  REPORT ON LEGISLATIVE ACTIVITIES OF THE COMMITTEE ON LABOR AND HUMAN 

                               RESOURCES

                          UNITED STATES SENATE

                               DURING THE

                             104TH CONGRESS

                                1995-96

                              PURSUANT TO

 SECTION 136 OF THE LEGISLATIVE REORGANIZATION ACT OF 1946, AS AMENDED 
             BY THE LEGISLATIVE REORGANIZATION ACT OF 1970

                                     


                                     

               February 24, 1997.--Ordered to be printed

                            [104th Congress]

                 COMMITTEE ON LABOR AND HUMAN RESOURCES

                NANCY LANDON KASSEBAUM, Kansas, Chairman

JAMES M. JEFFORDS, Vermont           EDWARD M. KENNEDY, Massachusetts
DAN COATS, Indiana                   CLAIBORNE PELL, Rhode Island
JUDD GREGG, New Hampshire            CHRISTOPHER J. DODD, Connecticut
BILL FRIST, Tennessee                PAUL SIMON, Illinois
MIKE DeWINE, Ohio                    TOM HARKIN, Iowa
JOHN ASHCROFT, Missouri              BARBARA A. MIKULSKI, Maryland
SLADE GORTON, Washington             PAUL WELLSTONE, Minnesota
LAUCH FAIRCLOTH, North Carolina

                    Susan K. Hattan, Staff Director

      Nick Littlefield, Minority Staff Director and Chief Counsel

  

                                 ______

                            [105th Congress]

                 COMMITTEE ON LABOR AND HUMAN RESOURCES

                  JAMES M. JEFFORDS, Vermont, Chairman

DAN COATS, Indiana                   EDWARD M. KENNEDY, Massachusetts
JUDD GREGG, New Hampshire            CHRISTOPHER J. DODD, Connecticut
BILL FRIST, Tennessee                TOM HARKIN, Iowa
MIKE DeWINE, Ohio                    BARBARA A. MIKULSKI, Maryland
MICHAEL B. ENZI, Wyoming             JEFF BINGAMAN, New Mexico
TIM HUTCHINSON, Arkansas             PAUL D. WELLSTONE, Minnesota
SUSAN M. COLLINS, Maine              PATTY MURRAY, Washington
JOHN W. WARNER, Virginia             JACK REED, Rhode Island
MITCH McCONNELL, Kentucky

                     Mark E. Powden, Staff Director

                 Susan K. Hattan, Deputy Staff Director

      Nick Littlefield, Minority Staff Director and Chief Counsel


                                FOREWORD

    This report on the legislative review of the Committee on 
Labor and Human Resources during the 104th Congress is 
submitted pursuant to section 136 of the Legislative 
Reorganization Act of 1946 (2 U.S.C. 190d), as amended by 
Public Laws 91-050, 92-136, and 93-344. The statute requires 
standing committees of the House and Senate to ``review and 
study, on a continuing basis, the application, administration, 
and execution'' of laws within their jurisdiction and to submit 
biennial reports to the Congress. The full text of section 136 
follows:
    Sec. 136. (a) In order to assist the Congress----
        (1) its analysis, appraisal, and evaluation of the 
            application, administration, and execution of the 
            laws enacted by the Congress, and
        (2) its formulation, consideration and enactment of 
            such modifications of or changes in those laws, and 
            of such additional legislation, as may be necessary 
            or appropriate, each standing committee of the 
            Senate and the House of Representatives shall 
            review and study, on a continuing basis, the 
            application, administration, and execution of those 
            laws, or parts of laws, the subject matter of which 
            is within the jurisdiction of that committee. Such 
            committees may carry out the required analysis 
            appraisal, and evaluation themselves, or by 
            contract, or may require a government agency to do 
            so and furnish a report thereon to the Congress. 
            Such committees may rely on such techniques as 
            pilot testing, analysis of costs in comparison with 
            benefits, or provision for evaluation after a 
            defined period of time.
    (b) In each odd-numbered year beginning on or after January 
    1, 1973, each standing committee of the Senate shall 
    submit, not later than March 31, to the Senate, and each 
    standing committee of the House shall submit, not later 
    than January 2, to the House, a report on the activities of 
    that committee under this section during the Congress 
    ending at noon on January 3 of such year.
    (c) The preceding provisions of the section do not apply to 
    the Committees on Appropriations and the Budget of the 
    Senate and the Committees on Appropriations, the Budget, 
    House Administration, Rules, and Standards of Official 
    Conduct of the House.

                                       James M. Jeffords, Chairman.


                            C O N T E N T S

                                 ______

                                                                   Page

Foreword.........................................................   III
Committee jurisdiction...........................................     1
Committee organization...........................................     2
Legislative review activity......................................     5
Full committee activities........................................     5
   I. Bills Enacted:
   A. Health Care.....................................................6
   B. Children and Families...........................................9
   C. Disability Policy..............................................10
   D. Education......................................................11
   E. Labor..........................................................13
   F. Pensions.......................................................15
   G. Other..........................................................15
 II. Vetoed Bills....................................................15
III. Reported Bills Not Enacted......................................17
   A. Health Care....................................................17
   B. Aging..........................................................19
   C. Children and Families..........................................20
   D. Disability Policy..............................................20
   E. Education and Training.........................................21
   F. Labor..........................................................22
 IV. Other Bills Considered by Senate................................23
  V. List of Public Laws.............................................24
 VI. List of Full Committee Hearings.................................24
VII. Anticipated Activities..........................................25
Committee printing...............................................    31

                                APPENDIX

  I. Reports of the Subcommittees, Committee on Labor and Human 
     Resources.......................................................32
      Education, Arts and Humanities.................................32
      Children and Families..........................................35
      Disability Policy..............................................37
      Aging..........................................................39
 II. Reports of the Committee on Labor and Human Resources...........41
III. Public laws enacted during the 104th Congress...................46
 IV. Hearings by full committee and subcommittees....................50
  V. Statistical Summary.............................................70
 VI. Rules of Procedure..............................................72



105th Congress                                                   Report
                                 SENATE

 1st Session                                                      105-5
_______________________________________________________________________


 REPORT ON LEGISLATIVE ACTIVITIES OF THE COMMITTEE ON LABOR AND HUMAN 
                               RESOURCES

                                _______
                                

               February 24, 1997.--Ordered to be printed

_______________________________________________________________________


    Mr. Jeffords, from the Committee on Labor and Human Resources, 
                        submitted the following

                              R E P O R T

[Pursuant to section 136 of the Legislative Reorganization Act of 1946, 
 as amended by the Legislative Reorganization Act of 1970, as amended]



                         COMMITTEE JURISDICTION

    The jurisdiction of the Labor and Human Resources Committee 
in the 104th Congress was set forth in paragraph 1.(1) of Rule 
XXV of the Standing Rules of the Senate as follows:

      (m)(1) Committee on Labor and Human Resources, to which 
        committee shall be referred all proposed legislation, 
        messages, petitions, memorials, and other matters 
        relating to the following subjects:

         1. Measures relating to education, labor, health, and 
            public welfare.
         2. Aging.
         3. Agricultural colleges.
         4. Arts and humanities.
         5. Biomedical research and development.
         6. Child labor.
         7. Convict labor and the entry of goods made by 
            convicts into interstate commerce.
         8. Domestic activities of the American National Red 
            Cross.
         9. Equal employment opportunity.
        10. Gallaudet College, Howard University, and Saint 
            Elizabeths Hospital.
        11. Handicapped individuals.
        12. Labor standards and labor statistics.
        13. Mediation and arbitration of labor disputes.
        14. Occupational safety and health, including the 
            welfare of miners.
        15. Private pension plans.
        16. Public health.
        17. Railway labor and retirement.
        18. Regulation of foreign laborers.
        19. Student loans.
        20. Wages and hours of labor.

      (2) Such committee shall also study and review, on a 
        comprehensive basis, matters relating to health, 
        education and training, and public welfare, and report 
        thereon from time to time.



                         COMMITTEE ORGANIZATION

    During the 104th Congress, the committee was organized into 
the following subcommittees:

                     Education, Arts and Humanities

                         Mr. Jeffords, Chairman

Mrs. Kassebaum                      Mr. Pell
Mr. Coats                           Mr. Kennedy
Mr. Gregg                           Mr. Dodd
Dr. Frist                           Mr. Simon
Mr. DeWine                          Mr. Harkin
Mr. Ashcroft                        Ms. Mikulski
Mr. Gorton                          Mr. Wellstone
Mr. Faircloth

                         Children and Families

                          Mr. Coats, Chairman

Mr. Jeffords                        Mr. Dodd
Mr. DeWine                          Mr. Pell
Mr. Ashcroft                        Mr. Harkin
Mr. Faircloth                       Mr. Wellstone
Mrs. Kassebaum (ex officio)         Mr. Kennedy (ex officio)

                           Disability Policy

                          Dr. Frist, Chairman

Mr. Jeffords                        Mr. Harkin
Mr. DeWine                          Mr. Kennedy
Mr. Gorton                          Mr. Simon
Mrs. Kassebaum (ex officio)

                                 Aging

                          Mr. Gregg, Chairman

Mrs. Kassebaum                      Ms. Mikulski
Mr. Coats                           Mr. Simon
Mr. Ashcroft                        Mr. Wellstone
                                    Mr. Kennedy (ex officio)

                  LEGISLATIVE REVIEW ACTIVITY

    The Committee on Labor and Human Resources has jurisdiction 
over approximately 1,000 Federal programs relating to health, 
education, labor, disability policy, children and families, 
older Americans, pensions, and public welfare. These programs 
are administered by the Departments of Labor, Education, and 
Health and Human Services, as well as by 123 independent 
agencies, councils, and bureaus.
    During the 104th Congress, over 200 bills and resolutions 
were referred to the committee, representing the broad range of 
issues under its purview. Among the major accomplishments of 
the committee was enactment of the Health Insurance Portability 
and Accountability Act. The health insurance reforms developed 
by the committee and incorporated into this new public law will 
assist an estimated 25 million Americans in obtaining or 
maintaining health insurance coverage. The committee also 
developed a significant child care initiative which was 
incorporated in the new welfare reform law. This initiative 
streamlines and consolidates Federal programs providing 
subsidized child care for low-income families. These 
improvements, in combination with the additional child care 
funding included in the welfare bill, will strengthen needed 
supports for children and their parents.
    The committee also took important steps to streamline its 
own operations, reducing its budget by 25-percent and reducing 
the number of subcommittees from six to four. Activities 
previously conducted by the Subcommittee on Labor and the 
Subcommittee on Employment and Productivity were assumed by the 
full committee.

                   FULL COMMITTEE ACTIVITIES

    A total of 205 bills and resolutions were referred to the 
Committee on Labor and Human Resources during the 104th 
Congress. The committee also received 18 Presidential messages 
and 254 other executive communications during the 104th 
Congress.
    Thirty-six legislative initiatives under the jurisdiction 
of the committee were passed by the Senate, with 28 of them 
enacted into law. Two bills were vetoed. The committee filed 
reports on 28 bills, including conference reports.
    Also, 437 nominations, including appointees to high offices 
in the government and a number of nominations and promotions in 
the U.S. Public Health Service Corps, were referred to the 
committee. Of these, 404 were reported to the Senate and 388 
were confirmed by the Senate. Six nominations were withdrawn 
and 43 were returned to the President at the adjournment of the 
104th Congress.
    The committee and its subcommittees conducted 85 days of 
public hearings, held 29 executive sessions and met 4 days in 
conference with the House, for a total of 33 executive 
meetings.

 I. BILLS FROM THE LABOR AND HUMAN RESOURCES COMMITTEE ENACTED 
                 INTO LAW IN THE 104th CONGRESS

                         A. Health Care

      Health Insurance Portability and Accountability Act of 1996

    The Health Insurance Portability and Accountability Act of 
1996, also known as the Kassebaum-Kennedy bill, is designed to 
reduce current barriers to obtaining health coverage by making 
it easier for people who change jobs or lose their jobs to 
maintain adequate coverage. It guarantees the availability and 
renewability of health insurance coverage for certain employees 
and individuals, and it limits the use of preexisting condition 
restrictions. An amended version of the bill (S. 1028) was 
reported favorably by the committee on August 2, 1995, by a 
unanimous roll call vote of 16 to 0. (Senate Report 104-156)
    During Senate consideration of the measure, provisions were 
added dealing with health care fraud and abuse, administrative 
simplification, tax treatment of long-term care insurance, tax 
deductions for the self-employed, the extension of Federal Tort 
Claims Act coverage to certain medical volunteers in free 
clinics, and mental health parity. The measure was approved 100 
to 0 by the Senate on April 17, 1996.
    The House version of the legislation included insurance 
reforms, as well as provisions dealing with Medical Savings 
Accounts (MSAs), malpractice insurance reform, and Multiple 
Employer Welfare Arrangements (MEWAs).
    The final version of the bill includes provisions dealing 
with insurance reform, fraud and abuse, administrative 
simplification, taxes, and medical volunteers. It also includes 
a 4-year pilot MSA program. Provisions dealing with mental 
health parity, malpractice insurance, and MEWAs were dropped 
from the measure. [Public Law 104-191, enacted 8/21/96. H.R. 
3103 (S. 1028).]

                  Ryan White CARE Act Reauthorization

    This legislation amends the Public Health Service Act to 
revise and extend programs established pursuant to the Ryan 
White Comprehensive AIDS Resources Act of 1990. It authorizes 
programs to provide health care and support services for 
individuals suffering from HIV and AIDS. Generally, the 
recipients of these programs are low-income. The current four-
title structure is maintained. New equity funding formulas are 
authorized for Titles I and II based on an estimation of the 
number of individuals living with AIDS. Provisions are also 
included to help reduce HIV transmission from mother to child. 
[Public Law 104-146, enacted 5/20/96. S. 641 (H.R. 1872).]

                  Animal Drug Availability Act of 1996

    The Animal Drug Availability Act of 1996 is designed to 
address the severe shortage of new animal drugs. The measure 
modernizes clinical testing requirements and makes them more 
predictable for new animal drug sponsors. It establishes a 
collaborative process between the Food and Drug Administration 
(FDA) and new animal drug sponsors to foster the development, 
testing, and review of new animal drugs. It will also improve 
the efficiency and timeliness of the FDA's review of 
applications for the approval of new animal drugs, while at the 
same time ensuring that these drugs are safe and effective.
    In addition to reforming the regulation of clinical testing 
and the review process, the measure creates a new category of 
animal drugs--veterinary feed directive drugs--to improve 
veterinary oversight of the use of antibiotics in animal feed. 
Finally, it streamlines current regulatory requirements on feed 
mills while ensuring stronger FDA oversight. [Public Law 104-
250, enacted 10/9/96. H.R. 2508 (S. 773).]

                Health Centers Consolidation Act of 1996

    The Health Centers Consolidation Act of 1996 reauthorizes, 
consolidates into one authority, and streamlines the four 
Federal health center programs: community and migrant health 
centers, health care for the homeless, and health care for 
residents of public housing. It provides health centers with 
the incentives and tools to continue to serve the poor and 
uninsured in a health care system increasingly characterized by 
managed care. For example, it establishes a new Federal loan 
guarantee program to assist centers to leverage the capital 
they need to form networks and insurance plans.
    The measure also includes several provisions which will 
make it easier to establish community health centers in 
sparsely populated rural areas. Finally, it authorizes the 
``Rural Health Outreach, Network Development, and Telemedicine 
Grant'' program.
    These programs are authorized through fiscal year 2001. The 
consolidated health center program is authorized at 
$804,124,000 in fiscal year 1997 and ``such sums'' in fiscal 
years 1998 through 2001. The Rural Health Outreach, Network 
Development, and Telemedicine Grant program is authorized at 
$36 million in fiscal year 1997 and ``such sums'' in fiscal 
years 1998 through 2001. [Public Law 104-299, enacted 10/11/96. 
S. 1044.]

       Federally Supported Health Centers Assistance Act of 1995

    The Federally Supported Health Centers Assistance Act of 
1995 amends the Public Health Service Act to make permanent 
federal tort claim coverage for employees of federally 
supported health centers. In addition, the measure extends this 
coverage to members of the governing boards of the centers.
    Further, it clarifies that center practitioners have, in 
certain circumstances, Federal tort claim coverage when they 
are caring for individuals who are not patients of the centers. 
For example, as part of their service to their communities, 
center practitioners may agree to cover a community hospital 
emergency room on a rotating basis with other physicians in the 
community. Under this measure, the health center practitioner 
would have Federal tort claim coverage. [Public Law 104-73, 
enacted 12/26/95. H.R. 1747.]

 Food and Drug Administration Export Reform and Enhancement Act of 1995

    The Food and Drug Administration (FDA) Export Reform and 
Enhancement Act eliminates restrictions on the export of drugs 
and devices which have not been approved by the FDA but which 
have been approved by a country on a defined list of 
industrialized nations. Such drugs and devices may be exported 
to any country in the world that wishes to import them. Second, 
the measure permits the export of unapproved drugs and devices 
directly to countries which are not on the defined list of 
industrialized nations, but which have been determined to have 
regulatory systems in place which are adequate to protect the 
health and safety of their citizens.
    The Food and Drug Administration Export Reform and 
Enhancement Act of 1995, S. 593, was approved by the committee 
on August 2, 1995. Its provisions were subsequently 
incorporated--in modified form--in H.R. 3019, the fiscal year 
1996 continuing resolution passed on April 25, 1996 [Public Law 
104-134]. Technical corrections to this legislation were 
approved as part of the fiscal year 1997 agricultural 
appropriations bill [Public Law 104-180].

                   Traumatic Brain Injury Act of 1996

    The Traumatic Brain Injury Act of 1996 amends the Public 
Health Service Act to authorize grants and contracts for 
research and public information projects to reduce the 
incidence of traumatic brain injury (TBI). It requires a study 
concerning traumatic brain injuries and a national consensus 
conference on managing TBI and rehabilitation. An authorization 
for State demonstration projects is also included. [Public Law 
104-166, enacted 7/29/96. H.R. 248 (TBI provisions included in 
S. 555.)]

        The Newborns' and Mothers' Health Protection Act of 1995

    The Newborns' and Mothers' Health Protection Act requires 
health insurers who offer benefits for hospital stays in 
connection with childbirth to allow mothers and their infants 
to remain in the hospital for 48 hours after a normal birth, 
and 96 hours after a cesarean-section delivery. The mother and 
newborn child may be discharged prior to the minimum length of 
stay only if the attending provider, in consultation with the 
mother, determines that a shorter stay is appropriate.
    The legislation does not preempt certain state health 
insurance laws which provide for similar requirements to the 
federal provision. The effective date for group health plans, 
and health insurance issuers offering group health insurance 
coverage, is for plan years beginning on or after January 1, 
1998. With respect to health insurance coverage in the 
individual market, the effective date is on or after January 1, 
1998.
    This legislation was originally introduced in the Senate as 
S. 969--an amended version of which was approved by the 
committee by a vote of 14 to 2 on April 17, 1996. The 
provisions of the bill were offered as a Bradley/Kassebaum/
Frist amendment to H.R. 3666, the VA/HUD appropriations bill, 
and were approved by voice vote on September 5, 1996. [Public 
Law 104-204, enacted 9/26/96.]

                  The Mental Health Parity Act of 1996

    The Mental Health Parity Act of 1996 prohibits group health 
plans and health insurance issuers in the group market which 
provide mental health benefits from establishing a lesser 
aggregate lifetime or aggregate limit for mental health 
benefits than for medical/surgical benefits. The bill allows 
group health plans and issuers to define the amount, duration, 
and scope of the mental health benefits under the plan, except 
as specifically provided in regard to parity of lifetime and 
annual limits.
    Small employers (50 or fewer employees) and health 
insurance issuers in the individual market are exempt from the 
requirements of the Act. In addition, it provides for an 
exemption for group health plans if the application of the 
provision results in a cost increase under the plan of at least 
one percent. The effective date is for plan years beginning on 
or after January 1, 1998. The provision sunsets on September 
30, 2001.
    This legislation, originally introduced as S. 2031, was 
approved by the Senate as a Domenici/Wellstone amendment to 
H.R. 3666, the VA/HUD appropriations bill, on September 5, 
1996, by a vote of 82 to 15. [Public Law 104-204, enacted 9/26/
96.]

                 Repeal of Saccharin Notice Requirement

    Under the Saccharin Study and Labeling Act (Public Law 95-
203), stores selling products containing saccharin were 
required to post notices to that effect. This provision was 
meant to be an interim measure until product labels could be 
changed to reflect the saccharin warning mandated under this 
law. This legislation, H.R. 1787, repealed the notice 
requirement. [Public Law 104-124, enacted 4/1/96. H.R. 1787.]

                    B. Children and Families

     Child Care and Development Block Grant Act Amendments of 1996

    The 1996 reauthorization of the Child Care and Development 
Block Grant Act was designed to create a continuum of services 
for parents and children dependent upon Federal child care 
assistance. Prior to the bill's enactment, as part of the 
welfare reform legislation, there were four Federal programs 
providing subsidized child care for low-income families. Each 
of these programs utilized different rules and regulations 
which prevented both state administering agencies and families 
receiving federal child care assistance from providing children 
with the continuity of care which is critical to a positive 
child care experience.
    In addition to streamlining and consolidating Federal child 
care assistance, the legislation provides States with greater 
flexibility in designing child care services, strengthens 
Federal support of parental choice of child care providers, and 
removes existing barriers to the provision of Federal child 
care assistance to Indian tribes.
    The Child Care and Development Block Grant Act Amendments 
of 1996 (S. 850), approved by the committee, was incorporated 
into the ``Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996'' as Title VI of the legislation. In 
addition to the improvements to the original 1990 act included 
in the bill approved by the labor committee, the law as enacted 
increased federal entitlement funding for child care from 
approximately $1 billion a year to $9.85 billion over 6 years 
and improved the data reporting requirements to provide a 
comprehensive view of Federal child care assistance in the 
future. [Public Law 104-193, enacted 8/22/96. H.R. 3734 (S. 
1956).]

     The Child Abuse Prevention and Treatment Act Amendment of 1995

    The 1996 reauthorization of the Child Abuse Prevention and 
Treatment Act (CAPTA) of 1974 focused on addressing problems in 
the identification, prosecution, and treatment of child abuse 
and neglect. Legislative changes emphasized that the safety of 
children in making decisions during the investigation and out-
of-home placement of child suspected of being abused and 
neglected must be the paramount concern.
    The legislation also consolidates related Federal family 
support and resource programs into a comprehensive community-
based network focused on child abuse and neglect prevention, 
reauthorizes the Family Violence Prevention and Services Act, 
the Adoption Opportunities Act, the Abandoned Infants 
Assistance Act, the Missing Children's Assistance Act, and the 
Victims of Child Abuse Act. [Public Law 104-235, enacted 10/3/
96. S. 919.] (See report of the Subcommittee on Children and 
Families.)

              Removal of Barriers to Interethnic Adoption

    The Howard Metzenbaum Multiethnic Placement Act of 1994 
[Public Law 103-382; 42 U.S.C. 671(a)] was amended in the Small 
Business Job Protection Act of 1996. This Metzenbaum act was 
originally approved by the Committee on Labor and Human 
Resources in the 103rd Congress to remove barriers to inter-
ethnic and inter-racial adoptions. The 1996 amendments 
strengthened the law's provisions regarding the denial or delay 
of out-of-home placements due to differences in the race or 
ethnic background between a child and prospective foster or 
adoptive parents. The sanctions that can be enforced by the 
Federal Government for violation of this act were substantially 
increased. [Public Law 104-188, enacted 8/20/96. H.R. 3448.]

                      C. Disability Policy

Developmental Disabilities Assistance and Bill of Rights Act Amendments 
                                of 1996

    The Developmental Disabilities Assistance and Bill of 
Rights Act Amendments of 1996, S. 1757, provides for a 3-year 
reauthorization of the Act (through fiscal year 1999). This Act 
promotes independence, productivity, integration, and inclusion 
in community life for individuals with developmental 
disabilities. It authorizes funding for State developmental 
disability councils to develop comprehensive systems of service 
for individuals with disabilities and their families. It also 
authorizes funds for programs to provide legal and advocacy 
services, training, technical assistance, and direct services 
including school-to-work transition assistance. [Public Law 
104-183, enacted 8/6/96. S. 1757 (H.R. 3867).] (See also report 
of Subcommittee on Disability Policy.)

                          D. Education

            Historically Black Graduate Professional Schools

    Congress approved legislation to eliminate the provision 
under section 326 of Title III of the Higher Education Act 
(HEA) which limits grants to certain postgraduate institutions 
to no more than two 5-year grants. Eleven Historically Black 
Graduate and Professional Schools are eligible to receive funds 
under section 326 in order to improve graduate education 
opportunities for black and low-income students.
    The two-time grant limitation was imposed during the 1992 
reauthorization of the HEA. This limitation would have had the 
effect of preventing five institutions from receiving 
additional Title III funds. Many of the programs which would 
have lost eligibility are medical programs, whose graduates 
make substantial contributions to the health of minorities and 
disadvantaged individuals. [Public Law 104-141, enacted 6/6/96. 
H.R. 3055.]

     Repeal of National Education Standards and Improvement Council

    Two measures proposing amendments to the Goals 2000: 
Educate America Act were introduced and referred to the 
committee. Senator Nancy Landon Kassebaum introduced S. 323, 
which propose to eliminate the National Education Standards and 
Improvement Council (NESIC) and other Goals 2000 provisions 
related to national standards. Senators Judd Gregg and Dan 
Coats introduced S. 469, which proposed to eliminate the NESIC 
and any mention of opportunity-to-learn standards in all 
Federal education laws.
    Related legislation (H.R. 1045) was approved by the House 
of Representatives. The Senate did not act on separate 
legislation dealing with this subject; however, these 
provisions were largely adopted as part of the Omnibus 
Continuing Appropriations bill for fiscal year 1996. 
Specifically, that measure:
    (1) Eliminated all of Part B of Title II of the Goals 2000: 
Educate America Act, which includes the authority for the 
establishment of the National Education Standards and 
Improvement Council (NESIC);
    (2) Eliminated the National Education Goals Panel's Federal 
authority to approve or endorse voluntary national standards;
    (3) Prohibited the Federal Government from funding the 
development or dissemination of model or national content, 
student performance, or opportunity-to-learn standards;
    (4) Eliminated references throughout the Goals 2000 Act and 
the Improving America's Schools Act to funding of and 
priorities for projects supporting national standards; and
    (5) Eliminated all language in the Goals 2000 Act and 
Improving America's Schools Act referring to or requiring State 
or local development and implementation of opportunity-to-learn 
standards. [Public Law 104-134, enacted 4/26/96. H.R. 3019.]

              Impact Aid Technical Amendments Act of 1996

    The Impact Aid Technical Amendments Act of 1996 made a 
number of minor adjustments to impact aid, a federal program 
designed to assist schools by compensating for property tax 
losses due to a Federal presence. The measure: provided a hold-
harmless for Section 8002 (``Section 2 '') schools; maintained 
Section 2 eligibility for consolidated school districts; 
restored eligibility to two school districts in South Dakota 
which lost it due to a clerical error; made adjustments 
relating to renovations of military housing; clarified 
congressional intent that each of Hawaii's seven administrative 
districts may receive funding as individual districts; provided 
for use of prior-year data in calculating subsection (f) 
payments; established a priority for the use of Section 2 funds 
near West Point; addressed an equalization issue involving 
Nebraska; clarified that a school pension escrow account should 
not be considered as available cash balance for a school 
district in New Jersey; permitted the Department of Education 
to make revised payments to several districts in Wyoming where 
the local contribution had been miscalculated; and provided 
that the current 25 percent disparity rate in determining 
``equalized'' States will remain in effect through fiscal year 
1999. [Public Law 104-195, enacted 9/16/96. H.R. 3269 (S. 1509/
S. 1543).]

          George Bush School of Government and Public Service

    The George Bush School of Government and Public Service 
Act, H.R. 3803, provided for a one-time authorization of $3 
million in funding for the establishment of the George Bush 
Fellowship Program at Texas A&M University.
    The legislation was approved by the House on September 17, 
1996. In the Senate, the provisions of H.R. 3803 were added as 
an amendment to H.R. 4036, legislation dealing with 
internationally recognized human rights, refugees, and foreign 
relations. Additional Senate amendments to H.R. 4036 included: 
(1) an authorization of $3 million in funding for the 
establishment and operation of the Claiborne Pell Institute for 
International Relations and Public Policy at Salve Regina 
University in Newport, Rhode Island; (2) an authorization of 
grant support from the Department of Education to assist in the 
establishment of the Edmund S. Muskie Foundation; and (3) an 
authorization of $1 million in funding for the support of 
educational, archival, or preservation activities of the Calvin 
Coolidge Memorial Foundation. [Public Law 104-319, enacted 10/
19/96. H.R. 4036.]

               Privatization of Sallie Mae and Connie Lee

    Legislative proposals to privatize the Student Loan 
Marketing Association (Sallie Mae) and the College Construction 
Loan Insurance Association (Connie Lee) were included in the 
House CAREERS bill (H.R. 1617). During the conference on the 
House CAREERS bill and the Senate Workforce Development Act (S. 
143), these two proposals were modified and included in the 
conference bill. This bill was reported out of conference but 
was not considered by either the House or Senate. However, the 
conference language regarding Sallie Mae and Connie Lee was 
subsequently added to the omnibus appropriations bill for 
fiscal year 1997, H.R. 3610, and signed into law on September 
30, 1996. [Public Law 104-208.] (See report of the Subcommittee 
on Education, Arts and Humanities for greater detail.)

            Institute of Museum and Library Services (IMLS)

    The Institute of Museum Services and programs under the 
Library Services and Construction Act were merged to form a new 
Institute of Museum and Library Services. Final provisions 
related to the IMLS were included in H.R. 3610, the Omnibus 
Consolidated Appropriations Act for fiscal year 1997. [Public 
Law 104-208.] (See report of the Subcommittee on Education, 
Arts and Humanities for greater detail.)

                            E. Labor

                         Minimum Wage Increase

    The Congress approved legislation [included in Title II of 
the Small Business Job Protection Act, H.R. 3448] to raise the 
minimum wage in two increments: beginning October 1, 1996, the 
minimum wage would increase from $4.25/hour to $4.75/hour; 
beginning September 1, 1997, the minimum wage would increase 
from $4.75/hour to $5.15/hour. The legislation also included a 
training wage for individuals under 20 years of age. Those 
workers may be paid $4.25/hour for the first 90 calendar days 
of work.
    In addition, the legislation provided an exemption from 
overtime laws for computer professionals who earn over $27.63/
hour. It also maintained the tip credit at $2.13/hour for 
tipped employees. [Public Law 104-188, enacted 8/20/96. H.R. 
3448.]

      The Balers and Compactors Safety Standards Modernization Act

    The Balers and Compactors Safety Standards Modernization 
Act allows minors who are covered by the child labor provisions 
of the Fair Labor Standards Act of 1938 and who are under 18 
years of age to load materials into, but not operate or unload 
materials from, scrap paper balers or paper box compactors 
that: (1) meet appropriate American National Standards 
Institute design safety standards and (2) meet other specified 
standards regarding on-off switches and employee notification. 
It requires employers to make reports to the Secretary of Labor 
on injuries or fatalities of minors under age 18 resulting from 
their contact with a scrap paper baler or compactor. [Public 
Law 104-174, enacted 8/6/96. H.R. 1114 (S. 744).]

              Court Reporter Fair Labor Amendments of 1995

    The Court Reporter Fair Labor Amendments of 1995 amends the 
Fair Labor Standards Act of 1938 to provide an exemption from 
certain Federal wage and hour requirements for official court 
reporters while they are performing transcription duties for a 
private party. Court reporters would not be entitled to 
overtime pay for private transcription services if: (1) they 
are paid not less than the maximum rate established by the 
court or a rate freely negotiated between the reporter and the 
party requesting the transcript and (2) the hours spent 
performing such duties are outside those during which the 
reporter performs official court reporting duties. [Public Law 
104-26, enacted 9/6/95. H.R. 1225 (S. 190).]

              Employee Commuting Flexibility Act of 11996

    The Employee Commuting Flexibility Act of 1996 amends the 
Portal-to-Portal Act of 1947 to provide that an employer does 
not have to pay minimum wages or overtime compensation to an 
employee when the employee uses an employer-owned vehicle for 
commuting purposes. Such use of the employer-owned vehicle must 
be: (1) within the normal commuting area for the employer's 
business and (2) subject to an agreement between the employer 
and the employee or employee representative. The time for 
commuting use is not considered part of the employee's 
principal work activities, thus relieving the employer of 
liability under the Fair Labor Standards Act of 1938, the 
Walsh-Healey Act, and the Davis-Bacon Act, for failure to pay 
wages or compensation for the time of such use. Its provisions 
were incorporated into the Small Business Job Protection Act of 
1996. [Public Law 104-188, enacted 8/20/96. H.R. 3448.]

   The Railroad Unemployment Insurance Act (RUIA) Amendments of 1995

    The Railroad Unemployment Insurance Act (RUIA) Amendments 
of 1995 made several changes to the railroad unemployment 
insurance system. The waiting period for benefits was decreased 
from two weeks to 7 days. It established an earnings test which 
disqualifies an individual if he or she makes more than a 
formula amount during each 14-day period. It increased the 
daily benefit rate by 5 to 7 dollars a day. Finally, the law 
reduced the maximum number of days of benefits from 130 to 65 
for workers with more than 10 years of service. [Public Law 
104-251, enacted 10/9/96. H.R. 2594.]

   The Age Discrimination in Employment Act (ADEA) Amendments of 1995

    The Age Discrimination in Employment Act (ADEA) Amendments 
of 1995 reinstated the public safety exemption to the Age 
Discrimination in Employment Act. The exemption allows State 
and local governments to set retirement ages as low as 55 for 
public safety officers and firefighters. The law also 
establishes a study of physical test standards to be done by 
the National Institutes of Safety and Health.
    The Age Discrimination in Employment Act (ADEA) amendments 
of 1986 had provided a seven-year exemption from the ban on 
mandatory retirement requirements. During that seven-year 
period, the Equal Employment Opportunity Commission conducted a 
study to determine whether job-related tests could be 
adequately designed and implemented. After publication of the 
study, the Congress concluded that job-related testing was not 
practicable.
    The committee held a hearing on March 8, 1996, to examine 
the public safety exemption to the ADEA, and to consider 
legislation which would make the exemption permanent (H.R. 849/
S. 553). This legislation was substantially adopted as part of 
the Omnibus Consolidated Appropriations bill for fiscal year 
1997, H.R. 3610. [Public Law 104-208, enacted 9/30/96.]

                          F. Pensions

           The ERISA Clarification Act of 1995 (Harris Trust)

    The ERISA Clarification Act of 1995, S. 1400, required the 
U.S. Department of Labor to issue regulations clarifying how 
insurance companies should deal with pension plan assets held 
in the insurance companies' general asset accounts. Uncertainty 
as to how these accounts should be maintained arose after the 
Supreme Court's decision in John Hancock v. Harris Trust 
(1993). The legislation provided safeguards to assure that 
pension plan assets held by insurance companies are protected 
under Federal pension standards contained in ERISA.
    The committee approved S. 1400 by a vote of 14 to 2 on June 
26, 1996. Provisions of the legislation were subsequently 
included as a provision (Sec. 1460) in Title I of the Small 
Business Job Protection Act of 1996. [Public Law 104-188, 
enacted 8/20/96. H.R. 3448].

                            G. Other

         Bill Emerson Good Samaritan Food Donation Act of 1996

    The Bill Emerson Good Samaritan Food Donation Act of 1996, 
H.R. 2428, was designed to encourage the donation of food and 
grocery products to nonprofit organizations for distribution to 
needy individuals by protecting private donors from liability 
except in cases of gross negligence and intentional misconduct. 
The act does not supersede State or local health regulations.
    The National and Community Service Act of 1990 included a 
provision expressing the sense of Congress that the States 
consider enactment of the Model Good Samaritan Food Donation 
Act. Each State has enacted laws in this area; however, the 
variation among State laws has resulted in many potential 
donors' continued hesitation to donate food. In addition to 
converting the model food donation act to permanent law, H.R. 
2428 transfers these provisions from the National and Community 
Service Act of 1990 to the Child Nutrition Act of 1966. [Public 
Law 104-210, enacted 10/1/96. H.R. 2428.]

                     II. VETOED LEGISLATION

        Teamwork for Employees and Management (TEAM) Act of 1995

    The Teamwork for Employees and Management (TEAM) Act, S. 
295, proposed to amend Federal labor law and to remove the 
legal barriers that prevent supervisors and workers from 
meeting in committees to discuss workplace issues, such as 
safety, productivity, and efficiency. The committee believed 
that workers have important contributions to improve the bottom 
line of the corporation as well as the quality of work life in 
the plant. Current Federal labor law prohibits employees from 
sharing ideas with managers regarding working conditions if the 
meetings occur in a formal structure such as a committee or a 
worker-management team.
    On April 17, 1996, the committee voted to report S. 295 to 
the full Senate by a vote of 9 to 7. The legislation was 
reported to the Senate on May 1, 1996 (Senate Report 104-259), 
and the measure was approved and incorporated into the House 
version of the bill (H.R. 743) on July 10, 1996, by a vote of 
53-46. It was vetoed by the president on July 30, 1996.

                         Budget Reconciliation

    On October 3, 1995, the full committee reported by a vote 
of 8 to 7 its reconciliation submission to the Senate Budget 
Committee--meeting the instruction included in the budget 
resolution to produce approximately $10.8 billion in savings 
over seven years. The principles underlying the committee's 
submission were to minimize hardships on students, to apply 
spending reductions to all parties involved with student loan 
programs, and to maintain the stability of Federal student loan 
programs.
    Many of the provisions of the submission were based on the 
Student Loan Evaluation and Stabilization Act of 1995 (S. 495), 
introduced by Senator Kassebaum on March 3, 1995. That bill 
proposed to: (1) cap the direct loan program at 40% of the 
entire student loan program volume; (2) correct problems in the 
budget scoring process which result in an inaccurate accounting 
of the full costs of the direct loan program; (3) clarify 
congressional intent on a number of direct loan provisions; and 
(4) level the playing field with respect to direct loans and 
guaranteed loans so that the two programs could be evaluated 
based on the real differences in the administration, 
efficiency, and effectiveness between the two programs.
    A significant difference between the reconciliation 
submission and S. 495 was its lower direct loan cap--20 percent 
of total loan volume. The reconciliation submission also 
included proposals to: (1) decrease Federal subsidies to 
lenders, guaranty agencies, and secondary markets; (2) charge 
institutions of higher education a user fee; (3) eliminate the 
interest subsidy for the six-month ``grace period'' following a 
student's departure from school; and (4) increase the interest 
rate parents would pay to borrow for their children's college 
education. The provisions concerning student interest 
subsidies, parent loans, and the institution fee were dropped 
when the full Senate considered the budget reconciliation bill, 
S. 1357.
    The committee proposal was further modified in conference. 
The conference agreement would have: (1) capped the direct loan 
program at 10% of total student loan volume, leaving the 
remaining 90 percent of loan volume under the guaranteed loan 
program; (2) imposed a variety of fees and subsidy decreases on 
lenders, guaranty agencies, and secondary markets; (3) made the 
direct and guaranteed loan programs more comparable in terms of 
loan terms, conditions, and repayment options; and (4) 
decreased the amounts parents could borrow to pay for their 
children's college.
    The final version of the reconciliation bill, H.R. 2491, 
was adopted by the House and Senate but was vetoed by the 
President on December 6, 1995.

    III. BILLS REPORTED FROM THE LABOR AND HUMAN RESOURCES 
      COMMITTEE IN THE 104th CONGRESS NOT ENACTED INTO LAW

                         A. Health Care

     National Institutes of Health (NIH) Revitalization Act of 1996

    The National Institutes of Health Revitalization Act of 
1996, S. 1897, was introduced by Senators Kassebaum, Kennedy, 
Jeffords, Pell, Hatfield, and Mikulski on June 21, 1996. The 
measure proposed a 3-year reauthorization of the National 
Cancer Institute and the National
    Heart, Lung, and Blood Institute. In addition, it would 
have: elevated the National Center for Genome Research to 
institute status; offered greater support for expert training 
of young biomedical scientists; streamlined the NIH 
infrastructure; and established a significant initiative in the 
area of Parkinson's disease research.
    The measure also incorporated the provisions of S. 184, the 
Office for Rare Disease Research Act of 1995, legislation which 
would have codified the Office for Rare Disease Research within 
the Office of the NIH Director and established a national data 
base for use by medical professionals and the public regarding 
developments in rare disease research. The full Senate approved 
S. 184 on May 18, 1995, but it was not considered by the House 
of Representatives. (See Senate Report 104-79.)
    The committee unanimously approved S. 1897 on July 17, 
1996. A modified version of the bill, providing for a 1-year 
reauthorization, was approved by the Senate on September 26, 
1996. The measure was not considered by the House of 
Representatives. [Senate Report 104-364.]

  Organ and Bone Marrow Transplant Program Reauthorization Act of 1995

    The Organ and Bone Marrow Transplant Program 
Reauthorization Act of 1995, S. 1324, was introduced by Senator 
Nancy Landon Kassebaum on October 17, 1995. It proposed to 
extend for 5 years (FY 1997-FY 2001) the Solid Organ Transplant 
Program and the Bone Marrow Transplantation Program. The Solid 
Organ Transplant Program provides the authority for the Federal 
organ procurement and transplantation network, which 
distributes organs and provides policies regarding organ 
transplantation. The Bone Marrow Transplantation Program 
supports the bone marrow donor registry, which is used to 
facilitate unrelated-donor bone marrow transplants.
    The measure proposed to modify the programs to improve 
public information about and access to their services, to 
increase participation of those directly affected by the 
programs, and to require various evaluations and reports. The 
measure also proposed to permit the Secretary of Health and 
Human Services and the Organ Procurement and Transplantation 
Network to collect fees to cover the costs of providing certain 
services in the Solid Organ Transplant Program.
    The committee unanimously approved S. 1324 on November 8, 
1995, and the full Senate passed it on September 9, 1996. The 
measure was not considered by the House of Representatives. 
[Senate Report 104-256.]

 Health Professions Education Consolidation and Reauthorization Act of 
                                  1995

    The Health Professions Education Consolidation and 
Reauthorization Act of 1995, S. 555, was introduced by Senator 
Nancy Landon Kassebaum on March 14, 1995. The legislation 
proposed to reauthorize and consolidate 44 Federal health 
professions training programs currently authorized under titles 
VII and VIII of the Public Health Service Act. Authorized 
funding for health professions programs would have been reduced 
from current appropriated levels by 7.5 percent over the 4-year 
reauthorization period.
    The bill proposed to consolidate the 44 programs into six 
general authorities. These authorities include: (1) training of 
primary care providers; (2) training of minority and 
disadvantaged students; (3) education financial assistance; (4) 
establishment and operation of area health education centers; 
(5) nursing education; and (6) general health care workforce 
development.
    In addition, S. 555 would have reauthorized other public 
health service programs, including the Office of Minority 
Health, State Offices of Rural Health, Health Services for 
Pacific Islanders, and Alzheimer's Disease Demonstration 
Projects. The measure also proposed to establish an enhanced 
intramural program for birth defects at the Centers for Disease 
Control and Prevention and a traumatic brain injury research 
program (see Public Law 104-166).
    The committee approved S. 555 on March 29, 1995. It was 
approved by the full Senate on September 28, 1996, but was not 
considered by the House of Representatives. [Senate Report 104-
93.]

     Health Care Liability Reform and Quality Assurance Act of 1995

    The Health Care Liability Reform and Quality Assurance Act 
of 1995, S. 454, was introduced by Senators McConnell, 
Lieberman, and Kassebaum on February 16, 1995. The measure 
included a uniform statute of limitations, limits on punitive 
damage awards and attorneys' fees, periodic payment, collateral 
source, and several liability reforms.
    The committee reported S. 454 by a vote of 9 to 7 on April 
25, 1995. [Senate Report 104-83] The full Senate adopted 
provisions of the measure by a vote of 53 to 47 as a McConnell/
Lieberman/Kassebaum amendment to product liability legislation. 
Those provisions were subsequently deleted from that measure.

 Food and Drug Administration (FDA) Performance and Accountability Act 
                                of 1996

    The Food and Drug Administration Performance and 
Accountability Act of 1996, S. 1477, was designed to facilitate 
the development of and streamline the FDA's review processes 
for new human and animal drugs, biologics, devices, and food 
additives to ensure the public's timely access to safe and 
effective products.
    The major provisions of the legislation were designed to: 
(1) establish a clearly defined, balanced mission for the FDA; 
(2) require public accountability by the FDA for its 
performance; (3) provide improved international management 
systems; (4) expedite access to products for seriously ill 
patients; (5) revitalize the investigation of new products; (6) 
establish a process for efficient, accountable, and fair 
product review; (7) streamline the drug and biological products 
regulatory process; (8) improve the regulation of medical 
devices; (9) reform animal drug approval requirements; and (10) 
simplify the food additive approval process and provide a more 
reasonable standard for some health claims.
    The committee approved S. 1477 by a vote of 12 to 4 on 
March 28, 1996. [Senate Report 104-284.] The measure was not 
considered by the Senate. Modified versions of provisions in 
the bill dealing with FDA export reform and with animal drugs 
did become law. (See Public Law 104-134 and Public Law 104-
250.)

  Substance Abuse and Mental Health Services Administration (SAMHSA) 
 Reauthorization, Flexibility Enhancement and Consolidation Act of 1995

    The SAMHSA Reauthorization, Flexibility Enhancement and 
Consolidation Act of 1995, S. 1180, proposed a 4-year 
reauthorization (FY 1996-FY 1999) of SAMHSA programs, the 
National Institute of Alcohol Abuse and Alcoholism, the 
National Institute on Drug Abuse, and the National Institute of 
Mental Health. The legislation also proposed a four-year 
reauthorization of the Protection and Advocacy for Mentally Ill 
Individuals Act of 1986 (Public Law 99-319).
    Under S. 1180, the Substance Abuse Prevention and Treatment 
Block Grant and the Community Mental Health Block Grant would 
be replaced with Substance Abuse and Mental Health Performance 
Partnerships. SAMHSA's existing 26 demonstration and training 
programs would be consolidated into three programs.
    The committee approved S. 1180 by a vote of 16 to 0 on 
October 12, 1995, but it was not considered by the full Senate. 
[Senate Report 104-193]

                            B. Aging

                 Older Americans Act Amendments of 1996

    The Older Americans Act Amendments of 1996, S. 1643, 
provided for a 5-year reauthorization of the Older Americans 
Act. The proposal streamlined the Act, modified the funding 
formula, and made other revisions the nutrition, supportive 
services, and other programs serving the senior population. The 
bill was approved by the committee by a vote of 9 to 7 on May 
8, 1996. (Senate Report 104-344) It was not considered by the 
full Senate. (See also report of Subcommittee on Aging.)

                    National Silver Haired Congress

    A concurrent resolution, S. Con. Res. 52, was introduced by 
Senator Barbara Mikulski to recognize and encourage the 
convening of a National Silver Haired Congress. Based on the 
experiences of silver-haired legislatures formed in a number of 
States, the national silver haired congress is intended to 
provide a national forum for seniors to debate issues which 
affect them. The committee approved the concurrent resolution 
by voice vote on July 18, 1996. (Senate Report 104-345) It was 
approved by the Senate but was not considered by the House of 
Representatives.

                    C. Children and Families

          Youth Development Community Block Grant Act of 1995

    The Youth Development Community Block Grant Act of 1995 (S. 
673) proposed to consolidate nineteen existing federal youth 
programs into a single, comprehensive strategy for community-
based youth development and prevention. The legislation was 
designed to support programs to help youth aged 6-18 acquire 
the life skills which they need to make successful transitions 
from childhood to productive adulthood. These programs would be 
defined, created, and implemented by local communities.
    The legislation proposed to restructure federal funding of 
youth programs by consolidating existing categorical programs 
and redistributing funds, based on a three-pronged formula 
allocation, to local communities. It proposed to establish 
local, state, and Federal mechanisms for building the capacity 
of communities to address the needs of youth, ensuring both 
programmatic and fiscal accountability of the funds, and 
facilitating broad-based, coordinated support for youth 
development activities.
    The legislation was adopted by the committee on July 20, 
1995, by a roll call vote of 9 yeas and 7 nays, but was not 
considered by the full Senate. [Senate Report 104-161]

                      D. Disability Policy

   Individuals with Disabilities Education Act (IDEA) Reauthorization

    Senator Bill Frist introduced S. 1578, the Individuals with 
Disabilities Education Act Amendments of 1996, on February 27, 
1996. This bill restructured and consolidated the 14 
discretionary grant programs that had expired and made 
revisions in the permanently authorized State preschool and 
elementary and secondary grant program for students with 
disabilities. The bill was reported unanimously by the 
committee with amendments on March 21, 1996, but it was not 
considered by the full Senate. (See also report of the 
Subcommittee on Disability Policy.)

                   E. Education and Training

            The Workforce and Career Development Act of 1996

    The purposes of the Workforce and Career Development Act of 
1996 are to (1) eliminate duplication of effort and reduce the 
regulatory burdens created by numerous categorical Federal 
programs, (2) provide greater flexibility to States in 
designing workforce systems which fit their specific needs, (3) 
encourage greater coordination of job training and training-
related education programs, and (4) improve the effectiveness 
of Federal workforce development efforts by focusing on program 
results.
    The bill consolidates approximately 80 job training and 
training-related programs into a single grant to the States. 
Statewide workforce development systems would continue to 
support four basic Federal priorities: employment and training; 
vocational education; adult education; and services for at-risk 
youth. At the same time, the bill permits states to supplement 
the activities it needs most by reserving 20 percent of the 
funds in a ``flex account'' to be distributed among the four 
basic activities. Decisions regarding the allocation of funds 
from this ``flex account'' are made through a collaborative 
process involving, among others, the Governor, vocational and 
adult education agencies, local elected officials, and the 
private sector.
    The bill fundamentally shifts the focus of accountability 
for workforce development efforts from process to results. 
States must establish benchmarks to measure their progress 
toward specific goals their programs are supposed to achieve. 
Incentives and sanctions are based on performance relative to 
the benchmarks.
    The Workforce Development Act of 1995 (S. 143) was reported 
favorably by the committee on June 26, 1995, by a roll call 
vote of 10 to 6. The measure was approved 95 to 2 by the Senate 
on October 11, 1995. The conference report was filed on July 
25, 1996, but it was not considered by either the Senate or the 
House. [House Report 104-707. H.R. 1617/S. 143.]

            Arts, Humanities, and Museums Amendments of 1995

    The Arts, Humanities, and Museums Amendments of 1995, S. 
856, was introduced by Senator Jim Jeffords--chairman of the 
Subcommittee on Education, Arts and Humanities. The measure 
proposed to reauthorize the National Endowment for the Arts 
(NEA) and the National Endowment for the Humanities (NEH) for 5 
years (FY 1996-FY 2000).
    As approved by the committee on July 19, 1995, by a vote of 
12 to 4, the legislation provided: declining authorized funding 
levels for the NEA and NEH over the 5-year reauthorization 
period. In addition, it established four NEA grant categories: 
partnership grants to States, local, and regional groups (40 
percent); national significance grants (40 percent); direct 
grants to organizations and individuals (10 percent); and 
grants to arts education and underserved communities (10 
percent). The Institute of Museum Services was merged with 
Library Services and Construction Act programs into a new 
Institute of Museum and Library Services (IMLS). (Senate Report 
104-135)
    The Senate did not consider S. 856. However, provisions 
relating to the establishment of the IMLS were included in H.R. 
3610, the Omnibus Consolidated Appropriations Act for fiscal 
year 1997. (See report of Subcommittee on Education, Arts and 
Humanities for additional detail about IMLS.)

                            F. Labor

              Legal Services Corporation (LSC) Reform Act

    The Legal Services Corporation Reform Act, S. 1221, 
proposed to maintain the current structure of the legal 
services program: the federal Legal Services Corporation, with 
funding from an annual congressional appropriation, would 
provide federal funds to local grantees for the purpose of 
providing (non-criminal) legal assistance to low-income 
clients.
    The legislation proposed important reforms to curtail 
undesired activity on the part of LSC grantees. For instance, 
under the bill, LSC grantees would be prohibited from 
representing drug dealers being evicted from public housing 
projects. In addition, LSC attorneys would be prohibited from 
litigating redistricting cases and challenging welfare reform 
efforts. Also, the bill contained administrative reforms, such 
as requiring grantees to maintain accurate records of the time 
spent on each client matter.
    The committee approved the measure by a vote of 10 to 3 on 
June 26, 1996, and the legislation was reported to the Senate 
on September 30, 1996 (Senate Report 104-392). The full Senate 
did not consider the bill.

                         Davis-Bacon Repeal Act

    The Davis-Bacon Act of 1931, a depression-era labor 
standards statute, requires Federal contractors to pay their 
workers the ``prevailing wage'' on Federal construction 
projects. The act costs taxpayers over $2.7 billion over a 5-
year period in inflated wage costs for Federal public works 
projects. In addition, inflated wage scales make it more 
difficult for local contractors to bid for Federal construction 
projects--even though one of the original purposes of Davis-
Bacon was to prevent out-of-town contractors from underbidding 
local wage scales.
    On March 29, 1995, the committee approved legislation (S. 
141) to repeal the Davis-Bacon Act by a vote of 9 to 7. The 
legislation was reported to the Senate on May 12, 1995 (Senate 
Report 104-80). The Senate did not act on the measure.

            Occupational Safety and Health Act (OSHA) Reform

    The OSHA Reform and Reinvention Act, S. 1423, proposed to 
provide positive incentives for employers to address health and 
safety on their own without relying upon Federal OSHA 
inspectors. Under the provisions of the bill, those employers 
that established comprehensive safety programs and could 
demonstrate an exemplary safety record would be exempt from 
surprise OSHA inspections for that year. Similarly, those 
employers using Labor Department certified private sector 
safety consultants to conduct onsite workplace inspections 
would be exempt from surprise OSHA inspections for that year. 
The legislation also codified important safety education and 
outreach programs administered at both the State and the 
Federal levels.
    On February 28 and March 5, 1996, the committee met in 
executive session and ordered the OSHA Reform and Reinvention 
Act, S. 1423, to be favorably reported by a vote of 9 to 7. The 
legislation was reported to the full Senate on June 28, 1996 
(Senate Report 104-308). The full Senate did not consider the 
measure.

 IV. OTHER BILLS UNDER THE JURISDICTION OF THE LABOR AND HUMAN 
   RESOURCES COMMITTEE CONSIDERED BY THE SENATE IN THE 104th 
                            CONGRESS

                       National Right to Work Act

    The National Right to Work Act, S. 1788, proposed to amend 
the National Labor Relations Act and the Railway Labor Act to 
repeal those provisions in Federal labor law requiring 
employees to pay union dues. On July 10, 1996, the Senate 
failed to invoke cloture on the motion to proceed to the 
legislation (roll call #188), which was sponsored by Sen. Lauch 
Faircloth. The cloture vote was 31-68.

                    Employment Nondiscrimination Act

    The Employment Nondiscrimination Act, S. 2056, proposed to 
prohibit employers from discriminating against workers on the 
basis of sexual orientation. Sponsored by Senator Kennedy, the 
legislation was rejected by the Senate on September 10, 1996, 
by a vote of 49-50 (roll call #281).

                       Pension Audit Improvement

    The Pension Audit Improvement Act, S. 1490, proposed to 
repeal the provision of Federal pension law (e.g. the limited 
scope audit provision of ERISA) permitting pension plan 
auditors to decline to review plan assets held by regulated 
financial institutions. As a result, under the legislation, 
pension plans would receive unqualified opinions as to the 
integrity of their financial statements. The General Accounting 
Office (GAO) recommended repeal of ERISA's limited scope audit 
provision in order to assure that plan assets were properly 
protected.
    In addition, the legislation would have required pension 
plan auditors to participate in continuing education programs 
to upgrade their plan auditing skills. The bill also would have 
required auditors to report serious plan deficiencies to the 
Department of Labor within strict time constraints.
    The committee met in executive session on July 31, 1996, to 
consider the legislation, but did not complete action on it. 
The provision of the bill dealing with the limited scope audit 
was offered as an amendment on the Senate floor to the Federal 
Aviation Administration (FAA) Reauthorization Act. The 
amendment was accepted by the floor managers of the FAA bill, 
but the limited scope audit provision was dropped in 
conference.

V. LIST OF PUBLIC LAWS OF THE 104th CONGRESS FROM THE LABOR AND 
                   HUMAN RESOURCES COMMITTEE

    P.L. 104-26 [enacted 9/6/95], Court Reporters Fair Labor 
Amendments of 1995. (H.R. 1225/S. 190).
    P.L. 104-49 [enacted 11/16/95], Migrant and Seasonal 
Agricultural Worker Protection Act Amendment Act of 1995. (H.R. 
1715/S. 1326).
    P.L. 104-73 [enacted 12/26/95], Federally Supported Health 
Centers Assistance Act of 1995. (H.R. 1747).
    P.L. 104-124 [enacted 4/1/96], Federal Food, Drug, and 
Cosmetic Act Amendment Act. (H.R. 1787). (Saccharin notice 
repeal.)
    P.L. 104-134 [enacted 4/26/96], Continuing Resolution, 
fiscal year 1996. (H.R. 3019) Includes modified version of FDA 
Export Reform and Enhancement Act of 1995 (S. 593) approved by 
committee on 8/2/95. Also includes the repeal of the National 
Education Standards and Improvement Council (NESIC) and 
eliminates references to opportunity-to-learn standards.
    P.L. 104-141 [enacted 5/6/96], HBCU Graduate and 
Professional Schools. (H.R. 3055).
    P.L. 104-146 [enacted 5/20/96], Ryan White CARE Act 
Reauthorization. (S. 641/H.R. 1872).
    P.L. 104-166 [enacted 7/29/96], Traumatic Brain Injury Act. 
(H.R. 248/S.96, also included in S. 555).
    P.L. 104-174 [enacted 8/6/96], The Balers and Compactors 
Safety Standards Modernization Act. (H.R. 1114/S. 744).
    P.L. 104-183 [enacted 8/6/96], Developmental Disabilities 
Act Reauthorization. (S. 1757/H.R. 3867).
    P.L. 104-188 [enacted 8/20/96], Small Business Job 
Protection Act of 1996. (H.R. 3448). Includes minimum wage 
increase, provisions dealing with the removal of barriers to 
interethnic adoption, as well as a modified version of the 
ERISA Clarification Act (S. 1400) approved by the committee on 
6/26/96.
    P.L. 104-191 [enacted 8/21/96], Health Insurance 
Portability and Accountability Act of 1996. (H.R. 3103/S. 
1028).
    P.L. 104-193 [enacted 8/22/96], Budget Reconciliation/ 
Personal Responsibility Act. (H.R. 3734) Includes modified 
version of Child Care and Development Block Grant 
Reauthorization (S. 850) reported by the committee on 6/8/95.
    P.L. 104-195 [enacted 9/16/96], Impact Aid Technical 
Amendments. (H.R. 3269/ S. 1509/S. 1543).
    P.L. 104-204 [enacted 9/26/96], VA-HUD Appropriations, 
fiscal year 1997. (H.R. 3666). Includes modified versions of 
the Newborns' and Mother's Health Protection Act (S. 969) 
reported by the committee on 7/19/96 and the Mental Health 
Parity Act of 1996 (S. 2031).
    P.L. 104-208 [enacted 9/30/96], Department of Defense 
Appropriations, fiscal year 1997 (Omnibus Consolidated 
Appropriations, fiscal year 1997). (H.R. 3610). Includes 
provisions from H.R. 1617/S. 143 dealing with the privatization 
of Sallie Mae and Connie Lee and with museum and library 
programs. It also includes the Age Discrimination in Employment 
Act (ADEA) Amendments Act of 1995 (H.R. 849/S. 553).
    P.L. 104-210 [enacted 10/1/96], Bill Emerson Good Samaritan 
Food Donation Act. (H.R. 2428/S.1938).
    P.L. 104-235 [enacted 10/3/96], Child Abuse Prevention and 
Treatment Act (CAPTA) Reauthorization. (S. 919).
    P.L. 104-250 [enacted 10/9/96], Animal Drug Availability 
Act of 1996. (H.R. 2508/S. 773).
    P.L. 104-251 [enacted 10/9/96], Railroad Unemployment 
Insurance Amendments Act of 1996. (H.R. 2594).
    P.L. 104-299 [enacted 10/11/96], Health Centers 
Consolidation Act of 1995. (S. 1044).
    P.L. 104-319 [enacted 10/19/96], Human Rights Restoration 
Act (H.R. 4036). Includes provisions dealing with activities 
honoring George Bush (H.R. 3803), Claiborne Pell, Edmund 
Muskie, and Calvin Coolidge.

  VI. LIST OF FULL COMMITTEE HEARINGS OF THE LABOR AND HUMAN 
                      RESOURCES COMMITTEE

    Federal Job Training Programs: The Need for Overhaul. 
(January 10, 11, and 12, 1995)
    Job Corps Oversight. (January 18 and 19, 1995)
    National Endowment for the Arts. (January 26, 1995)
    Teamwork for Employees and Management Act of 1995. 
(February 9, 1995; February 8, 1996)
    Repeal of the Davis-Bacon Act. (February 15, 1995)
    Ryan White CARE Act Reauthorization. (February 22, 
1995) Impact of Welfare Reform on Children and Their Families. 
(February 28 and March 1, 1995)
    Consolidation and Reauthorization of Health Professionals 
Programs. (March 8, 1995)
    Effective Health Care Reform in a Changing Marketplace. 
(March 14 and 15, 1995)
    Health Care Liability Reform and Quality Assurance Act of 
1995. (March 28, 1995)
    The Food and Drug Administration Reform. (April 6 and 7, 
1995; February 21 and 22, 1996)
    Nomination of Henry W. Foster, Jr., to be Surgeon General. 
(May 2 and 3, 1995)
    Primary Health Care Programs: Ensuring Access to Care in a 
Changing Health Care Delivery System. (May 4, 1995)
    Oversight of the Equal Employment Opportunity Commission. 
(May 23, 1995)
    Youth Development Community Block Grant Act of 1995. (June 
8, 1995)
    Affirmative Action and the Office of Federal Contract 
Compliance. (June 15, 1995)
    Occupational Safety and Health Administration Reform. (June 
21 & 22, 1995; November 29, 1995)
    The Future of the Legal Services Corporation. (June 23, 
1995)
    Health Insurance Reform Act of 1995. (July 18, 1995)
    Reauthorization of the National Organ Transplant Act. (July 
20, 1995)
    Employer Group Purchasing Reform Act of 1995. (July 25, 
1995)
    Reauthorization of the Substance Abuse and Mental Health 
Services Administration. (July 27, 1995)
    Health Insurance and Domestic Violence. (July 28, 1995)
    Nomination of Harris Wofford to be Chief Executive Officer 
of the Corporation for National and Community Service. 
(September 7, 1995)
    Newborns' and Mothers' Health Protection Act of 1995. 
(September 12, 1995)
    Emerging Infections: A Significant Threat to the Nation's 
Health. (October 18, 1995)
    Medical Records Confidentiality Act of 1995. (November 14, 
1995)
    Fair Labor Standards Act: The Minimum Wage. (December 15, 
1995)
    Oversight of the Fair Labor Standards Act. (February 27, 
1996)
    Reauthorization of the National Institutes of Health. 
(March 6 and 7, 1996; May 7, 1996)
    Age Discrimination in Employment Amendments of 1995. (March 
8, 1996)
    National Right to Work Act of 1995. (March 15, 1996)
    School Bus Safety Issues. (April 2, 1996)
    Saving Lives: The Need to Increase Organ and Tissue 
Donation. (April 23, 1996)
    Affirmative Action, Preferences, and the Equal Employment 
Opportunity Act of 1995. (April 30, 1996)
    Oversight of the ``Healthy Start'' Demonstration Project. 
(May 16, 1996)
    Oversight of the Corporation for National and Community 
Service. (May 21, 1996)
    Advances in Genetics Research and Technologies: Challenges 
for Public Policy. (July 25, 1996)
    Access to Medical Treatment Act. (July 30, 1996)
    Oversight of the National Labor Relations Board. (September 
17, 1996)
    Improving the Well-Being of Abused and Neglected Children. 
(November 20, 1996)

          FULL COMMITTEE FIELD HEARINGS IN THE 104th CONGRESS

    Ohio Job Training. June 2, 1995. Columbus, Ohio.
    School Bus Safety Issues. August 31, 1995. Columbus, Ohio.

                  JOINT HEARING IN THE 104th CONGRESS

    Small Business and OSHA Reform. December 6, 1995. (With 
Committee on Small Business.)

         VII. ANTICIPATED ACTIVITIES FOR 105th CONGRESS

    During the 105th Congress, the committee plans to focus on 
oversight and reform of those programs under its jurisdiction 
that will help the United States compete in an increasingly 
global environment. At the same time, it will focus on aiding 
the private sector in expanding the availability and quality of 
benefits that derive from the workplace, such as health care 
and retirement. Finally, it will explore means of assisting 
various vulnerable populations in our society.

                           Education

    Legislative and oversight responsibilities previously under 
the jurisdiction of the Subcommittee on Education, Arts and the 
Humanities will be under the jurisdiction of the full committee 
in the 105th Congress. So, too, will many of the programs 
previously under the jurisdiction of the Subcommittee on 
Disability Policy, notably the Individuals with Disabilities 
Education Act (IDEA).
    During the 105th Congress, the full committee must 
reauthorize almost every major Federal education statute, 
including IDEA, the Carl D. Perkins Vocational and Applied 
Technology Education Act, the Adult Education Act, the Higher 
Education Act, and the National Foundation on Arts and 
Humanities Act. In addition, the committee must reauthorize the 
National Science Foundation, the National Literacy Act, the 
National Assessment of Educational Progress, the Education of 
the Deaf Act, the National and Community Service Act, and the 
Goals 2000: Educate America Act. These issues are discussed 
more fully below.
    Reauthorization of the individuals with disabilities 
education act.--This act authorizes education programs serving 
disabled students. Components of the act include the Office of 
Special Education Programs; the State grant program for 
disabled students; the preschool grant program for disabled 
children; personnel training; research; discretionary programs; 
and the disabled infant and toddlers grant program.
    Reauthorization of the adult education act.--This act 
allocates grants to States based primarily on their population 
of adults, ages 16 and older, who are no longer in school and 
do not have a high school diploma or its equivalent. States 
then distribute funds to local programs that provide 
instruction and support services. A key issue for consideration 
during reauthorization is coordinating adult education 
activities with employment training programs and vocational 
education initiatives.
    Reauthorization of the carl d. perkins vocational and 
applied technology act.--This act provides Federal assistance 
for secondary and postsecondary vocational education. 
Reauthorization issues that will be examined include: greater 
flexibility for States and local school districts, greater 
emphasis regarding the integration of traditional academics and 
vocational instruction, the relationship of tech prep program 
to vocational education, and strengthening the transition 
between secondary and postsecondary vocational education 
activities. A key issue for consideration during 
reauthorization is coordinating adult education activities with 
employment training programs and vocational education 
initiatives.
    Reauthorization of the national literacy act.--This act 
authorizes the National Institute for Literacy to establish an 
integrated literacy policy. The Institute, funded under the 
Department of Education, coordinates all national literacy 
programs. Specifically, the Institute provides technical 
assistance to literacy programs throughout the United Stats and 
provides financial aid to model family literacy and workplace 
literacy programs. The primary reauthorization issue will be 
assessing the impact of the National Literacy Act on adult 
education programs and the anticipated growth in workplace 
literacy initiatives.
    Reauthorization of the higher education act.--This act 
authorizes Federal postsecondary education programs. The 
largest title of the Higher Education Act is Title IV, which 
involves the major student financial aid programs, including 
Pell Grants, Federal Family Education Loans, and Direct Loans. 
These three programs provide financial aid directly to the 
students. In addition, there are three programs that are 
campus-based financial aid initiatives which provide Federal 
assistance to postsecondary institutions. The institutions then 
allocate these funds to qualifying students.
    Other components of the Higher Education Act focus on 
institutional aid (which includes funding for Historically 
Black Colleges and Universities), teacher preparation and 
training, international education activities, construction and 
renovation of academic institutions, graduate student programs, 
and special projects for postsecondary improvement. 
Reauthorization issues will include assessing the formula which 
determines student qualification for financial assistance, 
rising borrowing and debt levels for postsecondary students, 
analyzing the effectiveness of all current student financial 
aid programs as well as examining all non-Title IV sections and 
determining their effectiveness.
    Reauthorization of the national foundation for the arts and 
humanities act.--This act authorizes the National Endowment for 
the Arts (NEA), the National Endowment for the Humanities 
(NEH), and the Institute for Museum and Library Services 
(IMLS).
    Goals 2000: educate america act.--This act authorizes 
grants to States and local communities for elementary and 
secondary education reform activities. The committee will 
examine the impact of Goals 2000 at the national, State, and 
local levels.
    Reauthorization of the national assessment of educational 
progress (naep).--NAEP is the only nationally representative 
assessment of what children have learned on a subject-by-
subject basis. Such information is vital so that communities 
and States may compare their progress with what other regions 
or even other countries have achieved.
    Reauthorization of the education of the deaf act.--This act 
authorizes Galludet University and the National Technical 
Institute for the Deaf, the only two federally funded higher 
education institutions for students who are deaf.
    Reauthorization of the national and community service 
act.--The act authorizes the administration of national and 
community service programs and also includes authorization for 
Federal domestic volunteer service programs administered by the 
ACTION agency (VISTA, Foster Grandparents, Senior Companions).

                    Employment and Training

    Employment and training issues, which were within the 
jurisdiction of the full committee during the 104th Congress, 
will become the responsibility of the Subcommittee on 
Employment and Training in the 105th Congress. It is 
anticipated that the subcommittee will examine ways to amend 
the Fair Labor Standards Act to give workers the ability to 
design more flexible work schedules in order to better balance 
the competing demands of work and family.
    The subcommittee may also renew the effort of the full 
committee in the 104th Congress to streamline the scores of 
separate training programs now operated by some 15 different 
agencies, while seeking greater integration with related 
educational programs. The subcommittee will also take up the 
reauthorization of the Vocational Rehabilitation Act.
    The committee will again seek to remove artificial barriers 
to cooperation between employees and supervisors now erected by 
the National Labor Relations Act. Such cooperation is 
increasingly the hallmark of successful companies, in this 
country and abroad. Such cooperation should be aided rather 
than impeded, and can be aided in a way that will not undermine 
the rights of workers to form a union or bargain collectively.

                             Health

    Legislative and oversight responsibilities during the 105th 
Congress relating to health care access, quality, cost, 
benefits, and delivery systems will be retained by the full 
committee, as will responsibility for the Food, Drug and 
Cosmetics Act. Other public health issues, as well as mine and 
occupational safety and health issues, will be under the 
jurisdiction of the Subcommittee on Public Health and Safety.
    The following is a summary of legislation and 
reauthorization proposals that the committee will consider 
during the 105th Congress:
    Food and drug administration (fda) reform.--The committee 
will consider a variety of proposals related to the 
restructuring of the agency, risk standards, and means for 
improving the approval process and export policy for drugs, 
biologics, and devices.
    Group health insurance purchasing reform.--The committee 
will examine ways to promote the formation of purchasing 
cooperatives by small businesses as a means of increasing 
access to health care services.
    Medical records confidentiality.--The committee will seek 
to develop legislation that ensures the appropriate protection 
of a patient's health information--without halting innovations 
in health care and health research.
    National bone marrow donor program and registry.--This act 
would reauthorize a federally sponsored bone marrow donor 
registry used to facilitate bone marrow transplants between 
unrelated donors and recipients.
    The agency for health care policy and research (ahcpr).--
This agency is responsible for conducting health policy 
research, conducting technology effectiveness studies and 
creating practice guidelines.
    Health resources and services administration (hrsa) health 
professions training.--This legislation would reauthorize those 
programs administered by HRSA that improve the supply and 
distribution of health professionals.
    National institutes of health (nih).--NIH was last 
reauthorized in 1991. The NIH conducts and supports biomedical 
research focused on human illness and health. More than 80 
percent of the $12.7 billion appropriated to NIH in FY 1997 
will flow out to a extramural research community of more than 
50,000 investigators affiliated with some 1,700 university, 
hospital and other research facilities around the Nation.
    Organ transplant amendments act.--This legislation would 
reauthorize the Federal organ procurement and transplantation 
network (OPTN) that, by contract, distributes organs and 
provides policies regarding organ transplantation.
    Substance abuse and mental health services administration 
(samsha).--This legislation would reauthorize the Federal 
Substance Abuse and Mental Health Services Administration 
(SAMHSA) programs.
    Prescription drug user fee act (pdufa).--This legislation 
would reauthorize the 1992 Prescription Drug User Fee Act, 
which will expire on September 30, 1997. The 1992 law was 
designed to establish a more efficient drug and biologics 
approval process.

                      Retirement Security

    The committee will investigate the strengths and weaknesses 
of our current private retirement system, and will seek ways to 
improve both the security and soundness of the system, while 
expanding it to a greater number of individuals. With the 
strain on the Social Security system that will inevitably 
result from demographic changes over the next few decades, it 
is imperative that Congress act to shore up the other 
components of retirement income.

                   Social and Other Services

    Reauthorization of the human services amendments of 1994.--
This act, within the jurisdiction of the Subcommittee on 
Children and Families, authorizes a variety of human service 
programs designed to serve low-income children and families, 
including Head Start, Ready to Learn, the Community Services 
Block Grant, Low Income Home Energy Assistance, Stewart B. 
McKinney Homeless Assistance, the Family Resource Act and 
programs to address the problems caused by unemployment.
    Reauthorization of the legal services corporation.--This 
act provides Federal funds for local grantees for the purpose 
of providing legal assistance in non-criminal cases to low-
income clients. Legislation adopted by the committee but not 
considered by the Senate would have instituted certain 
programmatic and administrative reforms.
    Reauthorization of the older americans act.--This act, 
within the jurisdiction of the Subcommittee on Aging, 
authorizes a variety of social service programs for the 
elderly, including senior centers, nutrition and employment 
programs.
    Reauthorization of the protection and advocacy of the 
mentally ill (pami) act.--This act authorizes a formula grant 
program to assist protection and advocacy programs in the 
States. It authorizes State systems to investigate instances of 
abuse and neglect of individuals with mental illness.
    Reauthorization of the technology related assistance for 
individuals with disabilities act.--This act authorizes funding 
to facilitate the development of assistive technology and 
services to individuals with disabilities. Components of the 
act include a State grant program and projects of national 
significance which promote greater access to assistive 
technology and services through training and demonstration 
efforts.

                   Other Oversight Activities

    The committee expects to examine several other issues, 
including:
    The health insurance portability and accountability act of 
1996.--The Health Insurance Portability and Accountability Act 
(HIPAA) sets national standards for health insurance coverage--
by guaranteeing the availability and portability of private 
health insurance coverage for certain groups and restricting 
the use of preexisting condition restrictions. The committee 
intends to monitor the implementation of the Health Insurance 
Portability and Accountability Act, beginning with a hearing on 
the development of regulations by the Departments of Health and 
Human Services, Labor and Treasury.
    Health care quality.--The committee will examine issues 
related to health care quality measures and consumer protection 
standards in order to determine if consumers, providers and 
purchasers have the information they need to make informed 
health care decisions.
    Health status of vulnerable populations.--Over the next 2 
years, the committee will examine the health status of our 
Nation's vulnerable populations, especially the very young, the 
very old, and the disabled, and their ability to access health 
care services. As an outcome of these hearings, the committee 
will develop strategies to improve the health status of these 
populations.
    Davis-bacon act.--The committee intends to examine the 
Davis-Bacon Act to ensure that it remains true to its original 
purpose, to accurately reflect local wages and working 
conditions on federally assisted construction projects. The 
committee will seek to ensure that data collection yields an 
accurate picture of such conditions.
    National labor relations act.--The committee will seek to 
address issues relating to the operation of the act and the 
functioning of the National Labor Relations Board.
    Occupational safety and health act.--The committee will 
continue its review of the effectiveness of the current 
approach to improving occupational safety and health, including 
an examination of whether better results might be achieved 
through greater emphasis on voluntary compliance efforts.
                           Committee Printing

    The committee printed a total of 78 copies of hearings and 
committee prints during the 104th Congress. These encompassed 
14,279 volumes, and consisted of 2,588,424 pages. The committee 
also bound 16 volumes of executive meetings of the 104th 
Congress and Legislative Calendars in hardback books for its 
permanent records. The committee also has on Micro Fiche the 
legislative hearings, bills, and public laws.

                            APPENDIX

 I. REPORTS OF THE SUBCOMMITTEES, COMMITTEE ON LABOR AND HUMAN 
                           RESOURCES


                 EDUCATION, ARTS AND HUMANITIES

         Subcommittee on Education, Arts and Humanities

                  James M. Jeffords, Chairman

    The Subcommittee on Education, Arts and Humanities has 
authorizing jurisdiction and oversight of Federal education 
programs. These include elementary and secondary education, 
vocational and adult education, student financial assistance 
and higher education programs. In addition, the subcommittee 
has responsibility for the National Endowment for the Arts, 
National Endowment for the Humanities, the Institute for Museum 
Services, and public libraries.

               Privatization of SALLIE MAE and CONNIE LEE

    On June 20, 1995, the subcommittee held a hearing on the 
Student Loan Marketing Association (Sallie Mae) and the College 
Construction Loan Insurance Association (Connie Lee), to begin 
the privatization process.
    The House first acted on the issue by including 
privatization legislation as part of H.R. 1617, the 
Consolidated and Reformed Education and Employment, and 
Rehabilitations System Act (CAREERS). The U.S. House of 
Representatives passed CAREERS on September 19, 1995. The 
Senate did not include comparable provisions in S. 143, the 
Workforce Development Act. The Senate passed its workforce 
consolidation legislation on October 11, 1995. The House and 
Senate subsequently met in conference on the two different 
bills to resolve items in disagreement. During conference 
negotiation, the conference committee agreed upon language 
authorizing the privatization of Sallie Mae and Connie Lee. The 
conference report was filed on July 25, 1996. No further action 
was taken on this legislation.
    Final legislation privatizing Sallie Mae and Connie Lee was 
included in the final version of H.R. 3610, the Omnibus 
Consolidated Appropriations Act for fiscal year 1997. The 
privatization legislation was modified from the version that 
had been included in the conference report to accompany H.R. 
1617. The House passed the conference report to accompany H.R. 
3610 on September 28, 1996, and the Senate passed it on 
September 30, 1996. The President signed H.R. 3610 on September 
30, 1996.
    The final legislation provides that Sallie Mae shall either 
vote to reorganize as a private company or shall be dissolved. 
In either instance Sallie Mae, as a Government Sponsored Entity 
with implicit Federal financial backing, would cease to exist. 
Within 18 months following the date of enactment, Sallie Mae's 
Board of Directors must develop a plan for reorganization and 
present such plan to its shareholders for approval. Sallie 
Mae's proceeds from the privatization will be deposited into an 
account created by the District of Columbia Financial Control 
Board to be used for the purpose of financing public elementary 
and secondary school reform and facility repair and renovation 
within the District of Columbia.
    In regard to the privatization of Connie Lee, the 
legislation repealed Part D of Title VII of the Higher 
Education Act. The repeal removed statutory limitation on the 
corporation's business activities and allows Connie Lee to 
operate as a private, for-profit company. The legislation 
requires the Secretary of Treasury to sell the Secretary of 
Education's stock in Connie Lee as soon as possible but no 
later than 6 months after the date of enactment. In the event 
the Secretary of Treasury is unable to sell the stock, Connie 
Lee must buy back the stock at a price that is acceptable to 
the corporation and that cannot exceed the value of the 
Secretary's stock as determined by the Congressional Budget 
Office. Proceeds from the sale of Connie Lee stock will be 
deposited into an account created by the District of Columbia 
Financial Control Board to be used for the sole purpose of 
financing public elementary and secondary school facility 
repair and renovation within the District of Columbia.

 Authorization of the Merger of the Library Services and Construction 
               Act and the Institute for Museum Services

    On March 10, 1995, the subcommittee held a hearing on the 
reauthorization of the Institute for Museum Services (IMS). The 
hearing was held at the Alexandria Black History Resource 
Center in Alexandria, VA. This hearing was part of a series of 
hearings held prior to the development of legislation 
reauthorizing the National Foundation for the Arts and 
Humanities Act of 1965. Senator Jeffords introduced S. 856, the 
Arts, Humanities and Museum Amendments of 1995 on May 25, 1995. 
S. 856 merged the IMS and the Federal library programs funded 
under the Library Services and Construction Act (LSCA) to form 
the Institute for Museum and Library Services (IMLS). A 
substitute to S. 856 was considered by the full committee on 
July 19, 1995, and passed by the full committee with amendments 
by a vote of 12-4. No further action was taken on S. 856 during 
the 104th Congress.
    The museum and library provisions of S. 856 were included 
as an amendment to S. 143, the Workforce Development Act during 
Senate floor consideration. The House version of the workforce 
consolidation bill, H.R. 1617, included an authorization for 
LSCA.
    The House and Senate subsequently met in conference on the 
two different bills to resolve items in disagreement. The 
conference report was filed on July 25, 1996. The conference 
agreed upon the Senate structure, with a merger of the Federal 
library and museum programs under one agency. No further action 
was taken on this legislation.
    Finally, the library and museum provisions from the 
conference report to H.R. 1617 were incorporated into H.R. 
3610, the Omnibus Consolidated Appropriations Act for fiscal 
year 1997, with minor modification. The House passed the 
conference report to accompany H.R. 3610 on September 28, 1996 
and the Senate passed it on September 30, 1996. The President 
signed H.R. 3610 on September 30, 1996.

         ANTICIPATED ACTIVITIES FOR THE 105th CONGRESS

    In the reorganization of the Labor and Human Resources 
Committee at the outset of the 105th Congress, the functions of 
the Subcommittee on Education, Arts and the Humanities were 
transferred to the full committee.

                     CHILDREN AND FAMILIES

             Subcommittee on Children and Families

                      Dan Coats, Chairman

    The Subcommittee on Children and Families, chaired by 
Senator Dan Coats, has jurisdiction over a variety of Federal 
programs related to children and families. During the 104th 
Congress, the subcommittee focused its efforts on consolidating 
and reauthorizing the following legislative programs: the Child 
Abuse Prevention and Treatment Act, the Community-Based Family 
Resource and Support Grants, the Family Violence Prevention and 
Services Act, the Adoption Opportunities Act, Abandoned Infants 
Assistance Act, the Missing Children's Assistance Act, and 
Section 214 B of the Victims of Child Abuse Act.
    During the course of the 104th Congress the subcommittee 
also conducted seven hearings on a variety of child and family 
related issues. Of particular interest to the subcommittee was 
how to support and better engage nongovernmental/charitable 
efforts to address the significant social problems affecting 
children and their families. As chairman of the subcommittee, 
Senator Coats introduced the Project for American Renewal to 
highlight and encourage the value shaping institutions of 
American society by shifting authority and resources beyond the 
government to families, community organizations, and private 
and religious charities.

               Legislation Considered by the Subcommittee

    The subcommittee considered the following legislation 
during the 104th Congress:
    S. 919, the Child Abuse Prevention and Treatment Act 
Amendments of 1996 assists states in the assessment, 
investigation, and delivery of services relating to child abuse 
prevention and treatment and provides Federal leadership for 
various research activities including innovative demonstrations 
and technical assistance. The bill was introduced by Senator 
Coats on June 13, 1995, and was ordered reported with an 
amendment in the nature of a substitute by the Committee on 
Labor and Human Resources on July 20, 1995. (Rep. No. 104-117). 
On July 18, 1996, the bill was laid before the Senate by 
unanimous consent. An amendment proposed by Senator Coats was 
adopted by unanimous consent and the bill subsequently passed 
the Senate by unanimous consent. On September 27, 1996, the 
Senate agreed to the House amendment to S. 919 by unanimous 
consent and cleared the bill for White House approval. S. 919 
was signed into law on October 3, 1996 (P.L. 104-235).

                 Hearings Conducted by the Subcommittee

    Child Care and Development Block Grant: How Is It 
Working?--February 16, 1995. Examining the effectiveness of the 
Federal Child Care and Development Block Grant Program.
    Child Protection: Balancing Divergent Interests--May 25, 
1995. Examining programs authorized by the Child Abuse 
Prevention and Treatment Act and its impact on State child 
protection reform measures.
    Private Efforts to Reshape America--September 28, 1995. 
Examining the effectiveness of private organizations in 
providing social services.
    Filling the Gap: Can Private Institutions Do It?--March 26, 
1996. Examining the capacity of American Charitable 
Organizations to Fill the Gap in the Funding of Certain Social 
Programs.
    Oversight of the Family and Medical Leave Act--May 9, 1996. 
Examining the implementation and effectiveness of the Family 
and Medical Leave Act.
    Encouraging Responsible Fatherhood--May 23, 1996. Examining 
initiatives to encourage responsible fatherhood.
    Youth Violence--July 18, 1996. Examining the role of the 
Federal Government and nongovernment organizations in 
establishing solutions for combating juvenile crime.

         ANTICIPATED ACTIVITIES FOR THE 105TH CONGRESS

    The subcommittee's top legislative priorities include 
reauthorization of Head Start, the Community Services Block 
Grant, the Low-Income Home Energy Assistance program and the 
Demonstration Partnerships for the Poor. The subcommittee 
intends to conduct several oversight hearings on these programs 
as we prepare for their 1998 reauthorization.
    The subcommittee is also planning hearings which may 
include the following: An examination of programs serving at-
risk youth and an analysis of their effectiveness; the 
importance of family stability for child well being; an 
evaluation of State-sponsored out of home placement services; 
effectively responding to teen sexual activity; the importance 
of parental involvement in education; and the impact of 
gambling on the family.

                       DISABILITY POLICY

               Subcommittee on Disability Policy

                      Bill Frist, Chairman

    The Subcommittee on Disability Policy, chaired by Senator 
Bill Frist, has jurisdiction over a variety of Federal programs 
related to disability policy, including the Americans with 
Disabilities Act, the Individuals with Disabilities Education 
Act, the Rehabilitation Act, the Developmental Disabilities 
Assistance and Bill of Rights Act, the Protection and Advocacy 
for Mentally Ill Individuals Act, the Technology-Related 
Assistance for Individuals with Disabilities Act, the Education 
of the Deaf Act, the Javits-Wagner O-Day Act, and the Randolph-
Shepherd Act.

               Legislation Considered By the Subcommittee

    S. 1578, the Individuals with Disabilities Education Act 
Amendments of 1996, was introduced by Senator Frist on February 
27, 1996. The bill amended the act, which requires that 
children with disabilities receive a free appropriate public 
education (part B, State grant programs for preschool and 
school-age children with disabilities) and authorizes special 
purpose programs (parts C through H of the act) for personnel 
training, research, parent information and training, technical 
assistance, information dissemination, and demonstration; and a 
State grant program for infants and toddlers with disabilities. 
The authorizations for special purpose programs expired 
September 30, 1994. Part B is permanently authorized; it has no 
expiration date. S. 1578 preserved the right of children with 
disabilities to a free appropriate public education, while, for 
the first time, giving school districts new forms of 
administrative, procedural, and fiscal flexibility with regard 
to delivering educational opportunities to such children. It 
also streamlined the special purpose programs to make them more 
clearly complement and support the State grant programs.
    The subcommittee held four hearings related to the 
Individuals with Disabilities Education Act (IDEA) on May 9, 
11, and 16, 1995, including a special hearing related 
exclusively to the issue of disciplining of children with 
disabilities on July 11, 1995.
    The Committee on Labor and Human Resources reported out S. 
1578, on a vote of 16 yeas, 0 nays, on March 21, 1996. The 
committee report for S. 1578 (104-275) was filed on May 20, 
1996. The House of Representatives passed its companion bill 
(H.R. 3268) on June 11, 1996. No action on the legislation was 
taken by the full Senate.
    S. 1757, the Developmental Disabilities Assistance and Bill 
of Rights Act Amendments of 1996, was introduced by Senator 
Frist on May 14, 1996. The act promotes independence, 
productivity, integration and inclusion in community life for 
individuals with developmental disabilities. It supports State 
developmental disability councils to develop comprehensive 
systems of services for service for individuals with 
disabilities and their families. It funds programs to provide 
legal and advocacy services, training, technical assistance, 
and direct services including school-to-work transition 
assistance. S. 1757 was a simple 3-year extension of the act 
with no substantive amendments. It was passed by the Senate, 
under the unanimous consent calendar on July 12, 1996, and 
passed by the House of Representatives under the suspension of 
the rules on July 22, 1996. The legislation was signed into law 
on August 6, 1996 (Public Law 104-183).

                    other subcommittee involvements

    Senator Frist, the chair of the subcommittee, drafted the 
provisions in S. 143, the Workforce Development Act of 1995, 
pertaining to the Rehabilitation Act and other provisions which 
also affected training and employment-related assistance for 
individuals with disabilities. These provisions ensured that 
individuals with disabilities, either through State vocational 
rehabilitation agencies or State one-stop job training and 
assistance centers, would have access to the same training and 
employment-related assistance as other citizens in a State. 
These provisions were retained in the bill reported out by the 
Committee on Labor and Human Resources on June 21, 1995, and in 
the measure passed by the Senate on October 11, 1995. 
Consolidation of Federal job training programs, the primary 
purpose of S. 143 and the companion bill of the House of 
Representatives, H.R. 1617, was not enacted in the 104th 
Congress. A more detailed description of S. 143 is contained 
elsewhere in this report.
    On July 26, 1995, Senator Frist held a forum on the 
Americans with Disabilities Act (ADA) in honor of the fifth 
anniversary of the legislation. The focus of the forum was to 
capture the impact of the ADA through the personal stories of 
individuals with disabilities and statistics provided by 
Executive Branch entities--the National Council on Disability, 
the Equal Employment Opportunity Commission, the Department of 
Justice, and the Office of Civil Rights in the U.S. Department 
of Education.

         ANTICIPATED ACTIVITIES FOR THE 105TH CONGRESS

    In the reorganization of the Labor and Human Resources 
Committee at the outset of the 105th Congress, the functions of 
the Subcommittee on Disability Policy were, for the most part, 
transferred to the full committee. Responsibility for the 
Vocational Rehabilitation Act will be assumed by the Employment 
and Training Subcommittee.

                             AGING

                     Subcommittee on Aging

                      Judd Gregg, Chairman

    The Subcommittee on Aging, chaired by Senator Gregg, has 
legislative jurisdiction over the Older Americans Act of 1965. 
During the 104th Congress the subcommittee focused largely on 
the reauthorization of the Older Americans Act and issues 
relating to the health and quality of life of our senior 
population. Among the quality of life issues covered by the 
Subcommittee were investigations of the aging population's 
preparation for their retirement. The subcommittee also put 
significant emphasis on the barriers that stand in the way of 
public-private partnership in meeting the needs of our seniors, 
looking for a way to allow the aging Americans to direct their 
own futures. The subcommittee also focused on improving 
seniors' access to advanced medical technologies.

                         Hearings and Briefings

    The subcommittee held 6 hearings in Washington, DC, during 
the 104th Congress to examine a broad range of issues. The six 
hearings included: ``Reauthorization of the Senior Nutrition 
Programs Under Title III of the Older Americans Act'' (March 
21, 1995); ``Maximizing Resources in the Face of Growing 
Demands'' (June 29, 1995); ``FDA Reform and Enhancement Act: Do 
Aging Americans Have Access to the Most Advanced Medical 
Technologies'' (July 13, 1995); ``Confronting Challenges 
Presented by and Aging Population'' (May 14, 1996); ``Is 
Working America Adequately Preparing for Retirement'' (June 13, 
1996); and ``Proposals for Reform: Ensuring Our Worker's 
Retirement Security'' (July 16, 1996).

                          Older Americans Act

    As part of the subcommittee's principle legislative 
responsibility, the Chairman responded to the task of 
reauthorizing the Older Americans Act by restructuring the act 
to make it more efficient. The Chairman's proposal included 
reducing the act from its original 7 titles to 4 titles with 
particular emphasis on improving nutritional and supportive 
services supported by the act, reforming the Senior Community 
Service Employment Program, rationalizing the Federal funding 
formula and supporting research and demonstration grants.
    After learning the strengths and weaknesses of the current 
program from the people who work hard each day to deliver 
senior services at the State and local level through various 
hearings, Senator Gregg introduced the Older Americans Act 
Reauthorization, S. 1643, to the Committee on Labor and Human 
Resources on March 26, 1996. On April 24, 1996, the committee 
held a mark up session and on May 8, 1996, the bill was ordered 
to be favorably reported with an amendment in the nature of a 
substitute. On July 31, 1996, the Older Americans Act 
Reauthorization was reported to the Senate, S. Rept. 104-344 
and was placed on the legislative calender under general orders 
(Calender No. 553).

                         Quality of Life Issues

    The quality of life and issues covered by the subcommittee 
for the 104th Congress focused on the situation our aging 
population will confront in the coming years. Chairman Gregg 
spent a considerable amount of time during the 104th Congress 
listening to testimony from several different perspectives 
about the status of the nation's public and private retirement 
support system. The subcommittee's hearing focused both on the 
implications of coming demographic shifts and on potential 
solutions to the impeding retirement challenge.

                           FDA Export Issues

    During the 104th Congress the Chairman held a hearing on 
the legislation introduced by Senators Hatch and Gregg, the FDA 
Export Reform and Enhancement Act of 1995, S. 593. The goal of 
this legislation was to markedly improve the ability of dynamic 
industries to export their newest and best technologies to 
accessible marketplaces abroad. This new-found ability would 
directly assist in attaining American jobs and investment 
dollars and will subsequently help U.S. companies to meet the 
needs of American patients, especially the needs of our senior 
population.
    S. 593 was introduced in the Senate on March 22, 1995, and 
was referred to the Committee on Labor and Human Resources. The 
Subcommittee on Aging held hearings on July 13, 1995, and 
produced the hearing report S. Hrg. 104-142. The legislation 
was then referred back to the full committee where it was 
marked-up on August 2, 1995, and was ordered to be reported 
with an amendment in the nature of a substitute. These 
provisions were passed as part of P.L. 104-134. Technical 
corrections were made to the law as part of P.L. 104-180.

         ANTICIPATED ACTIVITIES FOR THE 105TH CONGRESS

    During the 105th Congress the Subcommittee on Aging plans 
to finalize its work on the Reauthorization of the Older 
Americans Act.
    The subcommittee would also like to continue its focus on 
the quality of life of our seniors by studying issues 
surrounding how the Nation can best assure comfortable 
lifestyles for future retirees in light of the inevitable aging 
of the baby boom generation.
    The subcommittee would further like to put emphasis on the 
health issues affecting our older Americans across geographical 
and gender lines. In an effort to learn more about the 
effectiveness of our current approach to such challenges, the 
Chairman has requested a study on the Federal funding of 
Alzheimer's Disease research by the General Accounting Office.




                                
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