[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.