[Senate Report 107-11]
[From the U.S. Government Publishing Office]



107th Congress, 1st Session -  -  -  -  -  -  -  -  Senate Report 107-11
________________________________________________________________________


                   REPORT ON LEGISLATIVE ACTIVITIES



                                OF THE



                             COMMITTEE ON


                HEALTH, EDUCATION, LABOR, AND PENSIONS

                          UNITED STATES SENATE

                               DURING THE

                             106TH CONGRESS

                               1999-2000

                              PURSUANT TO

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

                                     


                                     

                 April 4, 2001.--Ordered to be printed

                            [106th Congress]

          COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS

                  JAMES M. JEFFORDS, Vermont, Chairman
JUDD GREGG, New Hampshire            EDWARD M. KENNEDY, Massachusetts
BILL FRIST, Tennessee                CHRISTOPHER J. DODD, Connecticut
MIKE DeWINE, Ohio                    TOM HARKIN, Iowa
MICHAEL B. ENZI, Wyoming             BARBARA A. MIKULSKI, Maryland
TIM HUTCHINSON, Arkansas             JEFF BINGAMAN, New Mexico
SUSAN M. COLLINS, Maine              PAUL D. WELLSTONE, Minnesota
SAM BROWNBACK, Kansas                PATTY MURRAY, Washington
CHUCK HAGEL, Nebraska                JACK REED, Rhode Island
JEFF SESSIONS, Alabama
                     Mark E. Powden, Staff Director
                 Susan K. Hattan, Deputy Staff Director
      J. Michael Myers, Minority Staff Director and Chief Counsel
                                 ------                                

                            [107th Congress]
          COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS

                  JAMES M. JEFFORDS, Vermont, Chairman
JUDD GREGG, New Hampshire            EDWARD M. KENNEDY, Massachusetts
BILL FRIST, Tennessee                CHRISTOPHER J. DODD, Connecticut
MICHAEL B. ENZI, Wyoming             TOM HARKIN, Iowa
TIM HUTCHINSON, Arkansas             BARBARA A. MIKULSKI, Maryland
JOHN W. WARNER, Virginia             JEFF BINGAMAN, New Mexico
CHRISTOPHER S. BOND, Missouri        PAUL D. WELLSTONE, Minnesota
PAT ROBERTS, Kansas                  PATTY MURRAY, Washington
SUSAN M. COLLINS, Maine              JACK REED, Rhode Island
JEFF SESSIONS, Alabama               JOHN EDWARDS, North Carolina
                                     HILLARY RODHAM CLINTON, New York
                     Mark E. Powden, Staff Director
      J. Michael Myers, Minority Staff Director and Chief Counsel
                                FOREWORD

    This report on the legislative activities of the Committee 
on Health, Education, Labor, and Pensions during the 106th 
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 93-334. The 
Legislative Reorganization Act requires standing committees of 
the U.S. 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 is as 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 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 . . . 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 this section do not apply 
to 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...........................................     3
Review of Legislative activity...................................     5
Full committee activities........................................     5
   I. Bills Enacted:
   A. Health..........................................................5
   B. Disability.....................................................12
   C. Education......................................................14
   D. Children and Families..........................................15
   E. Aging..........................................................17
   F. Labor..........................................................18
 II. Vetoed Legislation..............................................18
III. Reported Bills Not Enacted......................................19
   A. Health.........................................................19
   B. Education......................................................21
   C. Labor..........................................................22
 IV. Other Bills Considered by Senate................................23
  V. List of Public Laws.............................................24
 VI. Full Committee Hearings.........................................25
 VII Anticipated Activities..........................................26
Committee printing...............................................    30

                                APPENDIX

  I. Reports of the Subcommittees, Committee on Labor and Human 
     Resources.......................................................31
      Aging..........................................................31
      Children and Families..........................................32
      Employment and Training........................................34
      Public Health..................................................36
 II. Reports of the Committee on Labor and Human Resources...........40
III. Public laws enacted during the 106th Congress...................41
 IV. Hearings by full committee and subcommittees....................43
  V. Statistical Summary.............................................54
 VI. Rules of Procedure..............................................55

107th Congress                                                   Report
                                 SENATE
 1st Session                                                     107-11

======================================================================



 
REPORT ON LEGISLATIVE ACTIVITIES OF THE COMMITTEE ON HEALTH, EDUCATION, 
                          LABOR, AND PENSIONS

                                _______
                                

                 April 4, 2001.--Ordered to be printed

                                _______
                                

   Mr. Jeffords, from the Committee on Health, Education, Labor, and 
                   Pensions, 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 Health, Education, Labor, and 
Pensions Committee in the 106th Congress was set forth in 
paragraph 1.(1) of Rule XXV of the Standing Rules of the Senate 
as follows:

      (m)(1) Committee on Health, Education, Labor, and 
        Pensions, 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 106th Congress, the committee was organized into 
the following subcommittees:

                                 Aging

                        Mr. Hutchinson, Chairman

Mr. Jeffords                        Ms. Mikulski
Mr. Warner                          Mr. Dodd
Mr. Bond                            Mrs. Murray
Mr. Roberts                         Mr. Edwards
                                    Mrs. Clinton

                         Children and Families

                          Mr. Gregg, Chairman

Dr. Frist                           Mr. Dodd
Mr. Warner                          Mr. Bingaman
Mr. Bond                            Mr. Wellstone
Ms. Collins                         Mrs. Murray
                                    Mr. Reed

                        Employment and Training

                           Mr. Enzi, Chairman

Mr. Jeffords                        Mr. Wellstone
Mr. Gregg                           Mr. Kennedy
Mr. Sessions                        Mr. Dodd
                                    Mr. Harkin

                        Public Health and Safety

                          Dr. Frist, Chairman

Mr. Jeffords                        Mr. Kennedy
Mr. Coats                           Mr. Harkin
Mr. DeWine                          Ms. Mikulski
Mr. Enzi                            Mr. Bingaman

    (*Note.--The Chairman and the Ranking Minority Member are ex 
officio of the subcommittees they do not serve on.)
                     REVIEW OF LEGISLATIVE ACTIVITY

    The Committee on Health, Education, Labor, and Pensions has 
jurisdiction over approximately 1,000 Federal programs relating 
to health, education, disability policy, children and families, 
older Americans, pensions, labor, and public welfare. These 
programs are administered by the Departments of Education, 
Health and Human Services, Labor and over a hundred independent 
agencies, councils, and bureaus.
    During the 106th Congress, which convened on January 6, 
1999 and adjourned on December 15, 2000, almost 400 bills and 
resolutions were referred to the committee for its 
consideration, reflecting the substantial interest in issues 
within the committee's jurisdiction. The committee and its 
subcommittees held over 100 hearings, and produced over 20 
public laws, many of which came within the area of health care.

                       FULL COMMITTEE ACTIVITIES

    In addition to the legislation referred to the committee, 
some 800 nominations and promotions within the Public Health 
Service Corps were received by the committee during the 106th 
Congress, reported and confirmed by the Senate.
    The committee reported 17 bills and resolutions to the 
Senate, and 21 measures within its jurisdiction were enacted 
into law. No measures within the committee's jurisdiction were 
vetoed.
    The committee and its subcommittees held over 100 days of 
public hearings, held 20 executive sessions for the purpose of 
considering legislation and nominations, and conducted I 
conference with the House of Representatives.


I. BILLS FROM THE HELP COMMITTEE ENACTED INTO LAW

                             A. Health Care

              HEALTHCARE RESEARCH AND QUALITY ACT OF 1999

    The Healthcare Research and Quality Act of 1999 
reauthorizes the Agency for Health Care Policy and Research, 
renames it, and focuses its activities on improving health care 
quality. The mission of the newly renamed Agency for Healthcare 
Research and Quality is to foster overall improvement in health 
care quality by advancing the development, evaluation, and 
dissemination of quality measures within the Agency, as well as 
by participating in public-private partnerships; facilitating 
innovation in patient care, with streamlined assessment of new 
technologies; synthesizing and making the latest health care 
information accessible and widely available to all interested 
audiences; and reporting annually to Congress on the state of 
quality in the Nation. In addition, through coordination of 
various Federal quality initiatives, the Agency is to become 
the hub and driving force of Federal efforts to improve quality 
of health care in all practice environments.

  [Public Law 106-129, enacted December 6, 1999. S. 580 (H.R. 2506).]

          POISON CONTROL CENTER ENHANCEMENT AND AWARENESS ACT

    The Poison Control Center Enhancement and Awareness Act 
strengthens our Nation's poison control centers by establishing 
a national, toll-free number to ensure that all United States 
residents have access to poison control services; implementing 
a nationwide media campaign to educate the public and health 
care providers about poison prevention and advertise the new 
nationwide, toll-free number; and establishing a grant program 
to stabilize the funding mechanism, prevent poisonings, provide 
treatment recommendations for poisonings, and improve poison 
control center services.

  [Public Law 106-174, enacted February 25, 2000. S. 632 (H.R. 1221).]

       CHURCH PLAN PARITY AND ENTANGLEMENT PREVENTION ACT OF 1999

    The Church Plan Parity and Entanglement Prevention Act of 
1999 clarifies the status of church health insurance plans 
under State law. The legislation addresses the problem of 
health insurance issuers' refusing to do business with church 
plans because of concern that church plans could be classified 
as unlicensed entities. The bill further clarifies that a 
church welfare plan is considered to be sponsored by a single 
employer that does not engage in the business of insurance for 
purposes of State insurance laws. Under the legislation, 
network providers and insurance companies may establish the 
same contractual relationship with a church plan as they are 
permitted to establish with any single employer plan covered 
under ERISA in that State. Finally, S. 1309 exempts church 
welfare plans from State licensing requirements while 
preserving State authority to enforce insurance law provisions 
that remain applicable to church plans.

         [Public Law 106-244, enacted July 10, 2000. S. 1309.]

                     CHILDREN'S HEALTH ACT OF 2000

    The Children's Health Act of 2000 authorizes programs to 
reduce the rate of infant mortality and to improve 
understanding of matertial complications and mortality. Injury 
prevention programs at the Centers for Disease Control and 
Prevention (CDC), the National Institutes of Health (NIH), and 
the Health Resources and Services Administration (HRSA) are 
reauthorized and strengthened. The bill coordinates prevention 
and service programs for the most common childhood diseases and 
conditions, such as obesity, asthma, and lead poisoning. The 
bill establishes a Pediatric Research Initiative within the NIH 
to enhance collaborative efforts, provide increased support for 
pediatric biomedical research, and ensure that opportunities 
for advancement in scientific investigations and care are 
realized for diabetes, autism, and other pediatric diseases.
    The Children's Health Act was introduced in the Senate as 
S. 2868. The provisions of the bill were offered as a Frist/
Jeffords/Kennedy amendment to H.R. 4365, House companion 
legislation, and were approved in the Senate by unanimous 
consent on September 22, 2000. The amendment also included 
legislation to combat the proliferation of methamphetamines; 
measures to provide additional services programs for 
individuals who suffer from mental illness and addiction 
disorders; and S. 976, the Youth Drug and Mental Health 
Services Act of 1999, which passed the Senate on November 13, 
1999.
    The Youth Drug and Mental Health Services Act of 1999, 
which was approved by the committee by a vote of 17 to 1, on 
July 28, 1999, reauthorizes and improves the Substance Abuse 
and Mental Health Services Administration (SAMHSA). The 
reauthorization accomplishes six goals: (1) promotes State 
flexibility by easing outdated or unneeded requirements 
governing the expenditure of Federal block grants; (2) ensures 
State accountability by moving away from the present system's 
inefficiencies to a performance-based system; (3) provides 
substance abuse treatment services and early intervention 
substance abuse services for children and adolescents; (4) 
helps local communities treat violent youth and minimize 
outbreaks of youth violence through partnerships among schools, 
law enforcement, and mental health services; (5) ensures 
Federal funding for substance abuse or mental health 
emergencies; and (6) supports and expands programs providing 
mental health and substance abuse treatment services to 
homeless individuals.
    In addition, the measure incorporated the text of S. 1996, 
a bill to amend the Public Health Service Act, to clarify 
provisions relating to the content of petitions for 
compensation under the vaccine injury compensation program. 
Senate bill 1996 specifies, in addition to other current 
requirements, that a petition for compensation under the 
program for a vaccine-related injury or death must contain, 
subject to exception, an affidavit and supporting 
documentation, demonstrating that the person who suffered such 
injury or who died suffered such illness, disability, injury, 
or condition from the vaccine which resulted in inpatient 
hospitalization and surgical intervention to correct such 
illness, disability, injury, or condition. On November 19, 
1999, the bill was introduced in the Senate, read twice, 
considered, read the third time, and passed without amendment 
by unanimous consent. The measure was subsequently included in 
H.R. 4365.

  [Public Law 106-310, enacted October 17, 2000. H.R. 4365 (S. 2868).]

                 RYAN WHITE CARE ACT AMENDMENTS OF 2000

    The Ryan White CARE Act Amendments revise and extend 
programs established pursuant to the Ryan White Comprehensive 
AIDS Resources Emergency (CARE) Act of 1990. The program 
provides Federal funding under Title XXVI of the Public Health 
Service Act to improve access to health care and the quality of 
health care for persons with HIV and AIDS. The measure places a 
heightened priority on service planning, priority setting, and 
quality management activities. In addition, the bill 
strengthens early intervention programs, and also provides 
supplemental funding for emerging communities hard hit by the 
AIDS epidemic and a renewed focus on rural and underserved. 
areas. The Senate bill (S. 2311) was reported favorably by the 
committee on May 15, 2000, by a unanimous voice vote (Senate 
Report No. 106-294). The final version of the bill includes 
provisions providing financial incentives to States that enact 
newborn testing requirements; emphasizing the use of living HIV 
cases as a means of tracking the epidemic; and awarding grants 
under the Act, as well as strengthening HIV prevention 
programs.

  [Public Law 106-345, enacted October 20, 2000. S. 2311 (H.R. 4807).]

              MEDICINE EQUITY AND DRUG SAFETY ACT OF 2000

    The Medicine Equity and Drug Safety Act of 2000, S. 2520, 
amends the Federal Food, Drug, and Cosmetic Act to require 
regulations permitting the importation into the United States 
of prescription drugs. The regulations promulgated by the 
Secretary must ensure that each drug product that is imported 
under this section complies with sections 501, 502, and 505, 
and any other applicable provisions of the Federal Food, Drug, 
and Cosmetic Act, is safe and effective for its intended use, 
and meets all of the provisions of this section. This provision 
also grants broad discretionary authority to the Secretary to 
include any additional provisions in the regulations that are 
necessary to protect the public health and to facilitate the 
importation of drug products under this section. The purpose of 
this act is to allow importation of safe, FDA-approved, U.S.-
made, lower cost prescription drugs into the United States in 
order to lower the prices of such drugs to American consumers. 
The subject of safe importation of prescription drugs was the 
subject of a committee hearing on June 13, 2000. An amended 
version of S. 2520 was offered by Chairman Jeffords and others 
as an amendment to H.R. 4461. After a second degree amendment 
offered by Senator Cochran was accepted, the amendment was 
agreed to by a vote of 74 to 21 (Senate Amdt. 3925). An amended 
version of S. Amdt. 3925 was included in the H.R. 4461 
Conference Report, which was agreed to by a vote of 86 to 8.

            [Public Law 106-387, enacted October 28, 2000.]

                 PUBLIC HEALTH IMPROVEMENT ACT OF 2000

    The Public Health Improvement Act (H.R. 2498) as enacted is 
an omnibus bill containing several public health related bills 
that had been considered by either the House or Senate 
throughout the 106th Congress. The House passed H.R. 2498 on 
May 23, 2000. The bill was received in the Senate and placed on 
the Senate legislative calendar under general orders (Calendar 
No. 572). The measure was laid before the Senate with an 
amendment in the nature of a complete substitute (S. Amdt. 
4344) and agreed to in the Senate by unanimous consent on 
October 26, 2000. The measure as passed incorporates provisions 
originating in the following bills.
    The Clinical Research Enhancement Act of 1999 (S. 1813, 
H.R. 1798) amends the Public Health Service Act to require the 
Director of the National Institutes of Health (NIH) to support 
and expand the NIH's involvement in clinical research; and to 
support and expand the resources available for the clinical 
research community. It directs the Secretary of Health and 
Human Services to establish a loan repayment program for 
qualified health professionals who have contracted with the 
Federal Government to conduct clinical research in return for 
the Government's repayment of a specified amount of their 
educational loans for each year of service. It also authorizes 
appropriations to carry out the loan repayment provisions. The 
Committee discharged S. 1813 by unanimous consent, and the bill 
was passed by the Senate without amendment by unanimous consent 
on November 19, 1999. The measure was not considered separately 
by the House of Representatives but was subsequently included 
in a substitute amendment to H.R. 2498.
    The Public Health Tbreats and Emergencies Act (S. 2731, 
Senate Report 106-505) amends the Public Health Service Act to 
establish a more unified public health infrastructure system. 
The measure reinforces the national, State, and local public 
health care capacities and the Nation's ability to respond to 
emerging public health threats, such as antimicrobial 
resistance and the possibility of bioterrorist attack. On 
September 20, 2000, the committee reported favorably on S. 2731 
unanimously by a voice vote.
    The Twenty-First Century Research Laboratories Act (S. 
1268) amends the Public Health Service Act, and it: provides 
for the modernization and construction of biomedical and 
behavioral research facilities; establishes review boards for 
merit-based awards; provides for construction programs for 
regional primate research centers, reauthorizing and extending 
them; and reauthorizes on a permanent basis the Shared 
Instrumentation Grant Program. On November 19, 1999, the 
committee discharged S. 1268 by unanimous consent. On November 
19, 1999, the legislation passed the Senate, with an amendment 
offered by Senator Harkin, by unanimous consent.
    The Cardiac Arrest Survival Act of 2000 (H.R. 2498, S. 
1488) amends the Public Health Service Act to provide for 
recommendations of the Secretary of Health and Human Services 
regarding the placement of automatic external defibrillators in 
Federal buildings in order to improve survival rates of 
individuals who experience cardiac arrest in such buildings. It 
also establishes liability protections for 11 Good Samaritans'' 
regarding emergency use of automated external defibrillators. 
Such liability protections do not apply to a person, if: (1) 
the harm was caused by willful or criminal misconduct, gross 
negligence, reckless misconduct, or a conscious, flagrant 
indifference to the rights or safety of the victim; (2) the 
person is a licensed or certified health professional and is 
acting in his or her professional capacity; (3) the person is a 
hospital, clinic, or other entity whose purpose is providing 
health care; or (4) the person is an acquirer of a device who 
leased the device to a health care entity. The Committee 
discharged S. 1488 by unanimous consent, and the bill was 
passed by the Senate without amendment by unanimous consent on 
November 19, 1999. The measure was not considered separately by 
the House of Representatives, but the House subsequently 
included a similar provision in a substitute amendment to H.R. 
2498.
    The Rural Access to Emergency Devices Act, H.R. 2498 (S. 
2528), directs the Secretary of Health and Human Services, 
acting through the Rural Health Outreach Office of the Health 
Resources and Services Administration, to award grants to 
qualified community partnerships to enable such partnerships to 
purchase automatic external defibrillators and to provide 
defibrillator and basic life support training in automated 
external defibrillator usage. A community partnership is 
eligible, if it: (1) is composed of local emergency response 
entities; (2) evaluates the local community response times; and 
(3) submits the appropriate application to the Secretary of 
Health and Human Services. The bill authorizes $25,000,000 to 
be appropriated for fiscal years 2001 through 2003 to carry out 
this section. The committee discharged S. 2528 by unanimous 
consent, and the bill was passed by the Senate without 
amendment by unanimous consent on October 10, 2000. The Senate 
approved this provision as an amendment to the Labor/Health and 
Human Services/Appropriations bill (H.R. 4577) in the form of 
Senate Amdt. 3702. The measure was not considered separately by 
the House of Representatives prior to consideration of the 
substitute amendment for H.R. 2498.
    The Lupus Research and Care Amendments of 2000 (H.R. 762, 
House Report 106-950) provide for an intensified program of 
biomedical research on lupus disease and establish a program of 
grants for the delivery of essential services to individuals 
living with lupus and their families. H.R. 762 was considered 
and favorably reported by the House Committee on Commerce and 
passed by the House on suspension of the rules on October 10, 
2000.
    The Prostate Cancer Research and Prevention Act (S. 1243) 
amends the Public Health Service Act to strengthen programs to 
increase awareness, improve surveillance, and provide for 
prostate cancer screening. Senate bill 1243 was discharged by 
the Committee and passed by the Senate by unanimous consent on 
November 19, 1999.
    The Organ Procurement Organization Certification Act of 
2000 (S. 2235, H.R. 4592) provides for the development of 
improved performance measures of donations for organs and for 
the recertification of organ procurement organizations. The 
bill also designates Thanksgiving Day of 2000 to raise 
awareness of the need for organ donations.
    The Alzheimer's Clinical Research and Training Awards Act 
of 2000 (H.R. 4015) would authorize the establishment and 
maintenance of the Alzheimer's disease physician-scientist 
program to enhance and promote the translation of new 
scientific knowledge into clinical practice toward the 
diagnosis, care, and treatment of individuals with Alzheimer's 
disease.
    In addition, the Public Health Improvement Act includes a 
program establishing centers of excellence related to research 
and training on sexually transmitted disease.

      [Public Law 106-505, enacted November 13, 2000. H.R. 2498.]

                    HEALTH CARE FAIRNESS ACT OF 1999

    The Act establishes the National Center on Minority Health 
and Health Disparities which is to conduct and support 
research, training, dissemination of information, and other 
programs with respect to minority health conditions and other 
populations with health disparities. The bill is targeted at 
minority populations in the United States and directs the 
Director of the National Center to coordinate all minority 
health disparities research and other health disparities 
research conducted or supported by the National Institutes of 
Health. An Advisory Council is also established to assist the 
Director in carrying out his responsibilities. On October 26, 
2000, S. 1880 was discharged by the Committee by unanimous 
consent and laid before the Senate by unanimous consent and 
amended in the nature of a complete substitute (Senate Amdt. 
4349) and agreed to in the Senate by unanimous consent.

       [Public Law 106-525, enacted November 22, 2000. S. 1880.]

               INTERAGENCY COORDINATING COMMITTEE ON THE

               VALIDATION OF ALTERNATIVE METHODS (ICCVAM)

                       AUTHORIZATION ACT OF 2000

    The ICCVAM Authorization Act establishes, wherever 
feasible, guidelines, recommendations, and regulations that 
promote the regulatory acceptance of new and revised 
toxicological tests that protect human and animal health and 
the environment while reducing, refining, or replacing animal 
tests and ensuring human safety and product effectiveness. The 
bill was approved by the committee with an amendment in the 
nature of a substitute on October 11, 2000 (S. Rept. 106-496). 
The House companion bill, H.R. 4281 (H. Rept. 106-980), passed 
the Senate by unanimous consent on December 6, 2000.

 [Public Law 106-545, enacted December 29, 2000. H.R. 4281 (S. 1495).]

              CHIMPANZEE HEALTH IMPROVEMENT, MAINTENANCE,

                           AND PROTECTION ACT

    The Chimpanzee Health Improvement, Maintenance, And 
Protection (CHIMP) Act Amends title IV of the Public Health 
Service Act directs the Secretary of Health and Human Services 
to provide, through a contract with a nonprofit private entity, 
for the establishment and operation of a national sanctuary 
system for all surplus federally owned chimpanzees that are no 
longer needed in research conducted or supported by the 
National Institutes of Health, the Food and Drug 
Administration, or other Federal agencies. The CHIMP Act also 
allows any chimpanzee that is not owned by the Federal 
Government be accepted into the system if the owner transfers 
title to the chimpanzee to the sanctuary system. Provides for 
standards for permanent retirement of chimpanzees into the 
system, including prohibiting using sanctuary chimpanzees for 
research except in specified circumstances. The Act requires 
such standards to empower the Secretary to authorize imposition 
of a fee (except in certain circumstances) for accepting a non-
Federal chimpanzee into the system. The Act also authorizes the 
Secretary to make grants or contracts for the operation of 
facilities that provide for the retirement of chimpanzees in 
accordance with the same standards that apply to the sanctuary 
system. On December 6, 2000, H.R. 3514 passed the Senate 
without amendment by Unanimous Consent.

  [Public Law 106-551, enacted December 20, 2000. H.R. 3514 (S. 2725)]

                NATIONAL INSTITUTE OF BIOMEDICAL IMAGING

                  AND BIOENGINEERING ESTABLISHMENT ACT

    The Act establishes the National Institute of Biomedical 
Imaging and Bioengineering which shall include research and 
related technology assessments and development in biomedical 
imaging and bioengineering, including a plan to initiate, 
expand, intensify, and coordinate Institute biomedical imaging 
and bioengineering activities. The Act also requires: (1) the 
consolidation and coordination of biomedical imaging and 
bioengineering research and related activities with those of 
the NIH and other Federal agencies; and (2) the establishment 
of an Institute advisory council. On September 26, 2000, H.R. 
1795 was placed on the Union Calendar and passed by the House 
of Representatives under a suspension of the rules. The bill 
was received in the Senate the following day and read twice. On 
December 15, 2000, the measure was passed by the Senate without 
amendment by unanimous consent.

        [Public Law 106-580, enacted December 29, 2000. S. 1110]



                          B. Disability Policy

      DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT

    The Developmental Disabilities Assistance and Bill of 
Rights Act Amendments of 2000 (S. 1809) provides for a 7-year 
reauthorization of the Act (through fiscal year 2007). This Act 
promotes self-deten-nination, independence, productivity, 
integration, and inclusion in community life for individuals 
with developmental disabilities.
    The Act authorizes funding for three previously established 
state programs: State Councils on Developmental Disabilities 
(DDCs), Protection and Advocacy Systems (P&As), and University 
Centers for Excellence in Developmental Disabilities in 
Education, Research, and Service (Centers). Historically, the 
DDCs, P&As, and Centers have engaged in advocacy, capacity 
building, and systemic change activities to improve access to 
the array of services and supports available to individuals 
with developmental disabilities and their families. The Act 
gives DDCs, P&As, and Centers increased flexibility; specifies 
the responsibilities of the three programs; and provides 
increased definition as to how the programs can contribute to a 
State's efforts to respond to the needs of individuals with 
developmental disabilities.
    The Act authorizes funding for State DDCs to engage in 
advocacy, capacity building, and systemic change activities to 
develop and coordinate consumer, family-centered, and 
familydirected, comprehensive systems of community services and 
individualized supports for individuals with developmental 
disabilities and their families. The Act authorizes funds for 
P&A Systems to provide advocacy services, legal, administrative 
and other appropriate remedies, training, and technical 
assistance, to protect the legal and human rights of 
individuals with developmental disabilities. Additionally, it 
authorizes an American Indian Consortium to provide P&A 
services and to receive funding to provide such services. The 
Act directs the Secretary of Health and Human Services (HHS) to 
make 5-year grants to University Centers for Excellence in 
Developmental Disabilities Education, Research, and Services 
(previously referred to as University Affiliated Programs) in 
each State, as well as grants for training initiatives related 
to the unmet needs of individuals with disabilities and their 
families. The Centers are authorized to conduct 
interdisciplinary education, research, and public service 
activities through universities, that promote opportunities for 
individuals with developmental disabilities to exercise self-
determination, be independent, be productive, and be integrated 
and included in all facets of community life.
    The Act requires the Secretary to award grants, contracts, 
or cooperative agreements to public or nonprofit private 
entities for projects of national significance relating to the 
development of policies that reinforce and promote the self-
determination, independence, productivity, integration, and 
inclusion of individuals with developmental disabilities into 
all aspects of community life.
    The Act establishes a new competitive grant program and two 
new training programs. It directs the Secretary to make grants 
to States to support systems change activities to assist States 
in developing or enhancing statewide systems of family support 
services for families of children with disabilities, including 
individuals who are not younger than age 18 who have certain 
significant impairments and reside with and receive assistance 
from a family member. The Act also authorizes the development 
of a training program and a scholarship program for direct 
support workers who assist individuals with developmental 
disabilities and their families.
    The Act directs the Secretary of HHS to implement an 
accountability process to monitor entities receiving funds 
under the Act and provides for the development of indicators of 
progress for each identified area of emphasis.

  [Public Law 106-402, enacted October 30, 2000. S. 1809 (H.R. 4920)]



                              C. Education

             EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999

    The Education Flexibility Partnership Act permits all 50 
States to participate in the ``Ed Flex'' Demonstration Program, 
which had previously been limited to 12 States.
    Department of Education officials have noted that Ed Flex 
authority can help States in ``removing potential regulatory 
barriers to the successful implementation of comprehensive 
school reform'' efforts. Under Ed Flex, the Department of 
Education gives a State some authority to grant waivers to a 
State, giving each State the ability to make decisions about 
whether some school districts may be granted waivers pertaining 
to certain Federal requirements. States cannot waive any 
Federal regulatory or statutory requirements relating to health 
and safety, civil rights, maintenance of effort, comparability 
of services, equitable participation of students and 
professional staff in private schools, parental participation 
and involvement, and distribution of funds to State or local 
education agencies.
    The Education Flexibility Partnership Act is not meant to 
serve as the sole solution to improving school and student 
performance. However, it does serve as a mechanism that will 
give states the ability to enhance services to students through 
flexibility with real accountability.

    [Public Law 106-25, enacted April 29, 1999. H.R. 800 (S. 280).]

                 IMPACT AID REAUTHORIZATION ACT OF 2000

    Impact Aid programs provide assistance to school districts 
that are financially burdened as a result of activities of the 
Federal Government for the education of federally connected 
children or due to the presence of Federal property. The 
authority for impact aid programs is included in title VIII of 
the Elementary and Secondary Education Act. These programs 
include: payments relating to Federal property; basic support 
payments for eligible federally connected children, with 
additional assistance provided to heavily impacted districts; 
payments for children with disabilities; construction; and 
facilities.
    The Impact Aid Reauthorization Act extends these programs 
for 3 years and makes revisions as follows:
    Federal Property: The Act maintains the current structure 
for providing payments to school districts due to Federal 
ownership of property. The existing hold-harmless provisions 
are replaced with new provisions dealing with the distribution 
of funds if appropriations are insufficient. It addition, it 
establishes a 5-year time frame following Federal acquisition 
of property in which districts may apply for payments.
    Basic Payments: The Act increases from .10 to .20 the 
weight assigned to children who have a parent who is on active 
duty in the uniformed services or is an official of a foreign 
government and is a foreign military officer, but do not reside 
on Federal property. A hold-harmless provision is included to 
assure that other local educational agencies do not lose funds 
due to this weight adjustment.
    It folds payments to heavily-impacted districts into the 
basic payments structure, consistent with the provisions of a 
pilot program which has been in operation for the past two 
years. Over the years, heavily impacted districts in particular 
have experienced lengthy delays in receiving payments. School 
officials of heavily impacted districts have expressed 
satisfaction with the pilot program, particularly in terms of 
its success in expediting payments.
    The Act also clarifies provisions dealing with the 
renovation or rebuilding of on-base housing and extends these 
provisions to Indian housing. In addition, it permits military 
dependents to be counted as on-base students if they reside in 
housing initially acquired or constructed under the `` Build to 
Lease'' program if the property is within the fenced security 
perimeter of the military facility. New provisions are also 
included to deal with local educational agencies affected by 
the removal of Federal property.
    Construction/Modernization: The current construction 
authority is expanded to provide assistance for schools serving 
large proportions of federally connected students in districts 
which have no bonding authority or are at their limit for 
bonded indebtedness.
    General Provisions: The Act requires the Secretary to 
notify in writing any local educational agency which has failed 
to meet the deadline for applying for impact aid funds and to 
deny the application of any agency which is filed more than 60 
days following this notification. In addition, unfunded 
authorities for special additional payments for local 
educational agencies with high concentrations of children with 
severe disabilities and for sudden and substantial increases in 
attendance of military dependents are repealed.
    The reauthorization of impact aid programs was included in 
Title VIII of S. 2, the Educational Opportunities Act, which 
was reported by the committee on April 12, 2000. (See Senate 
Report 106-261.) The full Senate did not complete consideration 
of S. 2 prior to the adjournment of the 106th Congress. The 
House of Representatives approved a separate impact aid 
reauthorization bill, H.R. 3616, on May 15, 2000. Portions of 
each of the Senate and House impact aid proposals were 
incorporated into a 3-year reauthorization of the program which 
was included as Title XVIII of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001.

     [Title XVIII of Public Law 106-398, enacted October 30, 2000.

              See also Title VIII of S. 2 and H.R. 3616.]



                        D. Children and Families

              THE EARLY LEARNING OPPORTUNITIES ACT OF 2000

    The Act making Appropriations for the Departments of Labor, 
Health and Human Services, and Education included a five year 
authorization (FY 2001 - FY 2005) for the Early Leaming 
Opportunities (ELO) Act, which was introduced on July 13, 2000 
and referred to the Committee on Health, Education, Labor, and 
Pensions. The legislation was co-sponsored by 26 Senators, 12 
Republicans and 14 Democrats.
    The purpose of this Act, under the jurisdiction of the 
Committee on Health, Education, Labor, and Pensions, is to 
build community-based networks of early leaming programs, 
activities and services that help parents and care givers 
promote positive early learning experiences for young children 
(from birth to age 6). The Early Leaming Opportunities (ELO) 
Act creates a State block grant program to increase the 
availability and accessibility of voluntary programs, services, 
and activities that support early childhood leaming and promote 
school readiness of young children (from birth to age 6), by 
helping parents, caretakers, child care providers, and 
educators who desire to incorporate appropriate developmental 
activities into the daily lives of pre-school age children, and 
to facilitate broader involvement of the community to develop a 
cohesive network of early learning opportunities. The Secretary 
of HHS is responsible for administering this initiative.
    The legislation is authorized for 5 years, $750,000,000 in 
FY 01, increasing to $1 billion in the FY 02, $1.5 billion in 
FY 03 and such sums in FY 04 and FY 05. Administrative costs 
are limited for both the Department of Health and Human 
Services (3 percent) and the States (2 percent for State-level 
coordination of services, 2 percent for administrative costs, 
and 3 percent for training/technical assistance/wage 
incentives).
    The ELO Act requires a State or local match of 15 percent 
for the first 2 years of the grant, increasing to 20 percent in 
the third and fourth years, and to 25 percent for any future 
years of the grant. The funds are allocated to the States based 
equally on the population of children aged 4 or under and the 
number of children aged 4 or under who are living in poverty. 
There is a small State minimum of .4 percent and a 1 percent 
set-aside for Indian Tribes, Native Alaskans, Hawaii Natives, 
and the Outlying areas. States are not permitted to use the 
funds to supplant existing funding for child care, Head Start, 
and other early learning programs.
    To receive a grant allotment, States must submit an 
application, designate a lead entity, ensure that funds are 
distributed on a competitive basis throughout the State, ensure 
that a broad array/variety of early learning programs, 
activities, and services receive funds and develop mechanisms 
to ensure compliance with the requirement of the initiative. 
States also are required to develop performance goals based on 
an assessment of needs and available resources and award grants 
consistent with those performance goals, To the maximum extent 
possible, states will ensure that a broad variety of early 
learning programs which provide a continuity of services across 
the age spectrum will be funded. The State must funds programs 
that help increase parenting skills, that provide direct 
activities for young children, as well as improve the skills of 
child care providers. Local Councils receiving funds will work 
with local educational agencies to identify cognitive, social, 
and developmental abilities which are expected to be mastered 
prior to a child entering school. Programs, services and 
activities funded under this initiative will represent 
developmentally appropriate steps to mastery of those 
abilities. Preference is given to grants which include services 
to areas of greatest need (as defined by the State), and to 
grants which increase local collaboration to maximize the use 
of existing resources. There is no definition of entities 
eligible to receive grants, in order to facilitate the broadest 
possible participation among local community resources.
    Local Councils receiving funds from the State grant 
allotment will distribute the funds to community resources to 
fund a variety of early childhood learning opportunities, 
including at least 3 of the following: 1) Help parents, care 
givers, child care providers, and educators increase their 
capacity to facilitate the development of cognitive, language 
comprehension, expressive language, social-emotion, and motor 
skills and promote learning readiness in their young children; 
2) Promote effective parenting; 3) Enhance early childhood 
literacy; 4) Develop linkages among early learning programs 
within a community and between early learning programs and 
health care services for young children; 5) Increase access to 
early learning opportunities for young children with special 
needs, by facilitating coordination with other programs serving 
this population; 6) Increase access to existing early learning 
programs by expanding the days or times that the young children 
are served, by expanding the number of children served, or 
improving the affordability of the programs for low-income 
children; 7) Improve the quality of early learning programs 
through professional development and training activities, 
increased compensation, and recruitment and retention 
incentives, for early learning providers; and 8) Remove 
ancillary barriers to early learning, including transportation 
difficulties and absence of programs during non-traditional 
work times.


                                E. Aging

                 OLDER AMERICANS ACT AMENDMENTS OF 2000

    The Older Americans Act Amendments of 2000 provided for a 
5-year reauthorization of the Older Americans Act. The proposal 
streamlined and modernized the grants for State and community 
programs of the Act including authorization for a new National 
Family Caregivers Program. In addition, the measure made 
significant revisions to the Senior Community Services 
Employment Program, including new provisions related to State-
based planning, performance measures, competition, and program 
accountability. The measure also changed the funding formula to 
bring greater equity to State-based programs. The bill was 
unanimously approved on a voice vote by the committee on 
September 7, 2000. The final version of the bill reflects 
agreements reached with the House of Representatives, including 
a focus on aging programs in rural areas. On October 25, 2000, 
the House of Representatives substituted the text of S. 1536 
and passed H.R. 782 with an amendment in the nature of a 
complete substitute. On October 26th, the measure was passed 
unanimously in the Senate. Senate Report 106-399.

  [Public Law 106-501, enacted November 13, 2000. H.R. 782 (S. 1536).]



                                F. Labor

          CLARIFYING DEFINITION OF FIRE PROTECTION ACTIVITIES

    Congress approved legislation amending the Fair Labor 
Standards Act (FLSA) to clarify the overtime exemption for 
employees engaged in fire protection activities. The 
legislation ensures that firefighters who are cross trained to 
perform emergency medical services in addition to their 
firefighting duties will be treated as firefighters for the 
purposes of overtime under the FLSA. H.R. 1693 was approved by 
the House on November 4, 1999. The bill passed the Senate 
without amendment by unanimous consent on November 19, 1999.

       [Public Law 106-151, enacted December 9, 1999. H.R. 1693]

                  THE WORKER ECONOMIC OPPORTUNITY ACT

    The Worker Economic Opportunity Act, S. 2323, allows 
employees who are eligible for overtime pay to continue to 
share in workplace benefits that involve their employer's stock 
or similar equity-based benefits. The legislation amends the 
Fair Labor Standards Act of 1938 to exclude from overtime 
requirements any value or income generated from stock option 
programs, stock appreciation right programs and Employee Stock 
Purchase Plans (ESPPs). To qualify, plans must meet certain 
criteria including ensuring that employee participation is 
voluntary and that the terms of the plans are fully disclosed 
to workers.

          [Public Law 106-202, enacted May 18, 2000. S. 2323]

                           NEEDLESTICK SAFETY

    The Needlestick Safety and Prevention Act, S. 3067, was 
introduced in the Senate on September 19, 2000. The measure is 
designed to reduce the number of accidental needlestick 
injuries suffered by health care workers. The heart of the bill 
is the requirement that health care industry employers 
identify, evaluate, and make use of safer medical devices, such 
as syringes with needle guards or sheaths. The bill, which 
required modification of OSHA's Bloodborne Pathogens Standard, 
also emphasized training, education, and the participation of 
those workers exposed to sharp hazards.
    The House compansion bill, H.R. 5178, was adopted by the 
House on October 3, 2000. The Senate, by unanimous consent, 
adopted that bill on October 26th.

  [Public Law 106-430, enacted November 6, 2000, H.R. 5178 (S. 3067)]

II. VETOED LEGISLATION
    None.

III. BILLS REPORTED FROM THE COMMITTEE ON HEALTH, EDUCATION, LABOR, AND 
          PENSIONS, NOT ENACTED INTO LAW IN THE 106TH CONGRESS

                             A. Health Care

                      PATIENTS' BILL OF RIGHTS ACT

    The Patients' Bill of Rights Act (S. 326) is designed to 
improve health care quality through better information, 
improved plan procedures, new rights for consumers, and new 
Federal investments in health quality research. It seeks to 
reduce many of the barriers that consumers face in accessing 
health care services, with provisions addressing: access to 
emergency services, plan choice, direct access to ob/gyn and 
pediatric care, continuity of care, and protection of 
communications between providers and patients. Each of these 
protections applies to plans covering the 48 million Americans 
who receive their health coverage from plans that lie outside 
the regulatory jurisdiction of States.
    In addition, the Patients' Bill of Rights Act builds on the 
existing Federal regulatory framework under ERISA that includes 
information disclosure requirements and claims and appeals 
procedures for group health plans covering 124 million 
Americans. Specifically, the legislation includes enhanced 
information disclosure requirements and strengthens existing 
requirements for coverage determinations, grievances, and 
appeals. It also adds to the statute a new right to an 
independent, external review of an adverse coverage decision.
    The bill also includes a genetic nondiscrimination 
provision, which would prohibit plans and issuers from 
requesting certain information, denying coverage, or adjusting 
rates based on predictive genetic information. This provision 
applies to all types of group health plans and individual 
insurance policies, helping as many as 140 million Americans. 
Finally, the bill fosters overall improvement in health care 
quality by reauthorizing and renaming the Agency for Health 
Care Policy and Research (now the Agency for Healthcare 
Research and Quality) and refocusing its activities on 
improving health care quality. The activities of the newly 
renamed Agency will benefit every American who receives health 
care services.
    The Patients' Bill of Rights Act was introduced on January 
28, 1999, by Senators Jeffords, Frist, DeWine, Enzi, 
Hutchinson, Collins, Brownback, Hagel, Sessions, and Burns. On 
March 11, 1999, the committee held a hearing on the 
legislation. On March 17, 1999, a committee markup session was 
held. Title I of the bill was amended prior to the markup and 
incorporated into a Chairman's substitute, which was considered 
by the committee. The amendments contained in the Chairman's 
mark were primarily technical in nature.
    During the markup, 28 amendments were considered. Two 
amendments were adopted by voice vote and four by roll call 
vote. These amendments include: a provision addressing 
costsharing requirements under the prudent layperson standard; 
a provision designed to improve access to medications; a 
provision protecting the right of a patient to self-pay for 
behavioral health services; a provision addressing access to 
specialists; a provision creating a study on clinical trials; 
and a provision clarifying the inclusion of data on rural areas 
for data collected by the Agency for Healthcare Research and 
Quality.
    On March 18, 1999, the committee ordered the legislation to 
be reported with an amendment in the nature of a substitute 
favorably (Committee Report No. 106-82). On July 15, 1999, the 
Senate incorporated the text of S. 326, as reported by the 
committee, into S. Amdt. 1232 to S. 1344. The Senate passed the 
Patients' Bill of Rights Plus Act (S. 1344) on July 15, 1999, 
by a vote of 53 to 47. Senate bill 1344, which also includes 
provisions intended to increase access to health insurance, 
became the Senate amendment to H.R. 2990 on October 14, 1999. 
On November 3, 1999, a Conference Committee on H.R. 2990 was 
appointed. The Conference Committee failed to reach agreement 
on a Conference Committee report.

  ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK AMENDMENTS ACT OF 2000

    The Organ Procurement and Transplantation Network 
Amendments Act of 2000 amends the Public Health Service Act to 
require that the Organ Procurement and Transplantation Network: 
(1) be operated by (currently, be) a private, nonprofit entity; 
(2) have a policy board elected by Network members (currently, 
have a board of directors that includes organ procurement 
organization representatives), with about 50 percent being 
transplant surgeons and transplant physicians and about 25 
percent being transplant candidates, recipients, donors, and 
their family members; (3) establish medical criteria for 
allocating organs and for listing and de-listing patients; and 
(4) establish transplant policies, including allocation 
policies and policies that affect patient outcomes. The bill 
sets forth requirements for those policies, including that: (1) 
the policies be designed to avoid wasting organs and futile 
transplants; (2) priority rankings be based on standardized 
medical criteria and ordered according to medical urgency and 
appropriateness; and (3) disparities in transplantation--
resulting from socioeconomic status, race, ethnicity, 
geographic area or region of residence or transplantation, or 
being medically underserved--be reduced. The bill also 
regulates policy adoption procedures. On April 13, 2000, the 
Committee unanimously approved S. 2366 with an amendment in the 
nature of a substitute.

              PROSTATE CANCER RESEARCH AND PREVENTION ACT

    Senate bill 1243 would amend the Public Health Service Act 
to: (1) revise the prostate cancer screening preventive health 
program; and (2) reauthorize National Institutes of Health 
research on prostate cancer. On November 19, 1999, the 
committee discharged the legislation by unanimous consent. On 
November 19, 1999, the measure passed the Senate without 
amendment by unanimous consent. The measure was not considered 
by the House of Representatives.

                              B. Education

                     EDUCATIONAL OPPORTUNITIES ACT

    The Educational Opportunities Act, S. 2, was ordered 
reported by the committee on March 9, 2000, by a vote of 10 to 
8. The full Senate began debate on this legislation in late 
Spring, but did not complete action prior to the adjournment of 
the 106th Congress.
    The purpose of the Educational Opportunities Act was to 
reauthorize and improve programs under the Elementary and 
Secondary Education Act of 1965. The Elementary and Secondary 
Education Act (ESEA) provides the authority for virtually all 
Federal support provided for elementary and secondary 
education. Nearly half of the funds authorized under ESEA are 
used on behalf of disadvantaged children through the title I 
program. Other activities supported through ESEA include 
professional development, literacy, safe and drug-free schools, 
bilingual education, impact aid, aid to special populations, 
and technology.
    S. 2 objectives included: (1) maintaining and strengthening 
the title I reform process initiated in 1994 which emphasized 
the establishment of high standards and aligned assessments 
designed to measure progress towards those standards; (2) 
promoting the sustained professional development of teachers 
and school leaders; (3) assuring that students are provided 
with a safe and drug-free leaming environment; (4) emphasizing 
the importance of results by insisting that activities and 
programs supported with federal funds are effective in meeting 
their objectives; and (5) increasing
    improving student performance.

         NATIONAL AND COMMUNITY SERVICE AMENDMENTS ACT OF 2000

    The National and Community Service Amendments Act of 2000, 
S. 2764, was reported by the committee on July 21, 2000 by a 
voice vote. The full Senate did not consider this legislation 
prior to the close of the 106th Congress.
    The National and Community Service Amendments Act of 2000 
made several changes to the National and Community Service 
Trust Act of 1990 and 1993. Both the 1990 and 1993 initiatives 
established greater coordination among many of the federally 
sponsored community service activities. In addition, these two 
acts also created new initiatives that expanded community 
service opportunities.
    Provisions contained in S. 2764 were intended to increase 
participation in volunteer activities. Highlights included: 
promoting the participation of individuals with disabilities; 
increasing utilization of the educational awards; and lowering 
the participation age for individuals involved in several 
National Senior Service Corps programs.

             COMMEMORATION OF THE 25TH ANNIVERSARY OF IDEA

    Senate Concurrent Resolution 135 commemorates the 25th 
anniversary of the November 29, 1975, enactment of Public Law 
94-142, the Education of All Handicapped Children Act, renamed 
the Individuals with Disabilities Education Act (IDEA) during 
the 1990 reauthorization. The bill reaffirms Congress' 
commitment to ensuring that all children with disabilities, 
regardless of the nature or severity of their disabilities, 
have access to a free, appropriate public education in the 
least restrictive environment. It acknowledges the many and 
varied contributions of children with disabilities, their 
parents, teachers, related services professionals, and school 
administrators and notes that an estimated 200,000 infants and 
toddlers, 600,000 preschoolers, and 5,400,000 children ages 6 
to 21 years are currently being served under IDEA. The 
resolution was reported favorably by the committee on September 
20, 2000. The House companion resolution, H. Con. Res. 399, was 
approved by the Senate on October 4, 2000.

                     IDEA FULL FUNDING ACT OF 2000

    S. 2341, a bill to authorize appropriations for part B of 
IDEA to achieve full funding for part B by 2010, was introduced 
on April 4, 2000. The amendment proposed to establish a 10-year 
schedule of authorizations to be appropriated intended to reach 
the Federal Government's goal under part B of IDEA of providing 
40 percent of the national APPE to assist States and local 
education agencies with the excess costs of educating children 
with disabilities. The bill was reported favorably by the 
committee without amendment on September 20, 2000, but it was 
not considered by the full Senate.

                     DEPARTMENT OF EDUCATION AUDIT

    The committee reported legislation, S. 2829, that would 
provide for an investigation and audit of the Department of 
Education. The legislation would require the Comptroller 
General to conduct a fraud audit of selected accounts at the 
Department of Education determined to be particularly 
susceptible to waste, fraud, and abuse; and submit a report 
setting forth the results of the audit to the appropriate 
committees of Congress.

                                C. Labor

                THE SAFETY ADVANCEMENT FOR EMPLOYEES ACT

    On February 6, 1999, S. 385, the Safety Advancement for 
Employees (SAFE) Act of 1999 was introduced. This legislation 
reaffirmed the committee's commitment to the concept that 
workplace safety and health would benefit from increased 
cooperation between employers, employees, and the Occupational 
Safety and Health Administration (OSHA). S. 385 promoted the 
use of third-party audits, encouraging employers to hire 
consultants to conduct safety inspections, without fear of 
incurring OSHA liability as result of that voluntary safety 
inspection. Hearings on the SAFE Act were held on March 4, and 
April 13, 1999 before the Subcommittee on Employment, Safety, 
and Training of the Senate Committee on Health, Education, 
Labor, and Pensions. The HELP Committee, on April 29, 1999, 
voted to report S. 385 favorably on a vote of 10 to 8, but it 
was not considered by the full Senate.

                  SMALL MINE ADVOCACY REVIEW PANEL ACT

    S. 1114, the ``Small Mine Advocacy Review Panel Act'' was 
introduced in the Senate on May 25, 1999, and referred to the 
HELP Committee. The bill sought to amend the 1980 Regulatory 
Flexibility Act (RFA) to include the Mine Safety and Health 
Administration (MSHA) in the list of agencies required to 
convene a panel to obtain advice and recommendations on the 
potential impacts of proposed rules on small entities. The RFA 
requires all Federal agencies to consider small businesses 
during rule making where an agency determines that a rule will 
have a ``significant economic impact on a substantial number of 
small businesses.'' In 1996, the RFA was amended to require the 
establishment of small business advocacy review panels for 
significant rules being proposed by EPA and OSHA. S. 1114 would 
extend this requirement to MSHA.
    The Senate Subcommittee on Employment, Safety, and Training 
held a hearing on the Small Mine Advocacy Review Panel Act. On 
November 3, 1999, the full committee voted, 11 to 7, to report 
the bill favorably, but it was not considered by the full 
Senate.

IV. OTHER BILLS UNDER THE JURISDICTION OF THE COMMITTEE ON HEALTH, 
  EDUCATION, LABOR, AND PENSIONS, CONSIDERED BY THE SENATE IN THE 106TH 
  CONGRESS

                             A. Health Care

                PATIENT SAFETY AND ERRORS REDUCTION ACT

    The Patient Safety and Errors Reduction Act, S. 2738, was 
introduced in response to the Institute of Medicine's November, 
1999, report on medical errors. The legislation would establish 
a Center for Quality Improvement and Patient Safety at the 
Agency for Healthcare Research and Quality to provide national 
leadership in patient safety research and knowledge 
dissemination. It would also provide for confidentiality 
protections for information submitted to reporting systems 
designed for quality improvement and patient safety and would 
provide a structure to support and encourage the ongoing public 
and private medical error reduction initiatives. On June 29, 
2000, the Senate adopted the measure as a part of amendment 
number 3694 to H.R. 4577, the Labor/Health and Human Services/
Appropriations bill. It was subsequently removed by the 
Conference Committee.

 GENETIC INFORMATION NONDISCRIMINATION IN HEALTH INSURANCE ACT OF 1999

    The Genetic Information Nondiscrimination in Health 
Insurance Act of 1999, S. 543, amends the Employee Retirement 
Income Security Act of 1974, the Public Health Service Act, and 
the Internal Revenue Code to prohibit a health care plan or 
health insurance issuer from restricting enrollment or 
adjusting premium or contribution amounts for a group on the 
basis of predictive genetic information concerning an 
individual in the group or a family member of the individual 
(including information about a request for, or receipt of, 
genetic services).
    The legislation also prohibits a plan or issuer from 
requesting or requiring predictive genetic information 
concerning an individual or a family member of the individual 
(including information about a request for, or receipt of, 
genetic services). The proposal permits a plan or issuer to 
request, but not require, such information for diagnosis, 
treatment, or payment purposes only; and it sets forth 
confidentiality provisions. On June 29, 2000, the Senate 
adopted the measure as amendment number 3691 to H.R. 4577, the 
Labor/Health and Human Services/ Appropriations bill. It was 
subsequently removed by the Conference Committee.

  V. LIST OF PUBLIC LAWS OF THE 106TH CONGRESS FROM THE COMMITTEE ON 
                 HEALTH, EDUCATION, LABOR, AND PENSIONS

    P.L. 106-3 [enacted Mar. 23, 1999], to deem as timely filed, and 
process for payment, the applications submitted by the Dodson School 
Districts for certain Impact Aid payments for fiscal year 1999. (S. 
447).
    P.L. 106-25 [enacted Apr. 29, 1999], to provide for education 
flexibility partnerships. (H.R. 800/S. 280).
    P.L. 106-129 [enacted Dec. 6, 1999], Healthcare Research and 
Quality Act of 1999. (S. 580/H.R. 2506).
    P.L. 106-151 [enacted Dec. 9, 1999], to amend the Fair Labor 
Standards Act of 1938. (H.R. 1693).
    P.L. 106-174 [enacted Feb. 25, 2000], to provide assistance for 
poison prevention and to stabilize the funding of regional poison 
control centers. (S. 632).
    P.L. 106-202 [enacted May 18, 2000], to amend the Fair Labor 
Standards Act of 1938. (S. 2323).
    P.L. 106-244 [enacted July 10, 2000], to amend the Employee 
Retirement Income Security Act of 1974. (S. 1309).
    P.L. 106-245 [enacted July 10, 2000], to amend the Radiation 
Exposure Compensation Act. (S. 1515).
    P.L. 106-310 [enacted Oct. 17, 2000], Children's Health Act of 
2000. (H.R. 4365).
    P.L. 106-345 [enacted Oct. 20, 2000], to revise and extend the Ryan 
White CARE Act. (S. 2311/H.R. 4807).
    P.L. 106-387 [enacted Oct. 28, 2000], Agriculture Appropriations 
Bill for Fiscal Year 2001. (H.R. 4461).
    P.L. 106-398 [enacted Oct. 30, 2000], Floyd D. Spence National 
Defense Authorization Act of Fiscal Year 2001. (H.R. 5408).
    P.L. 106-402 [enacted Oct. 30, 2000], to improve service systems 
for individuals with developmental disabilities, and for other 
purposes. (S. 1809/H.R. 4920).
    P.L. 106-430 [enacted Nov. 6, 2000], Occupational Safety and Health 
Act of 1970. (H.R. 5178).
    P.L. 106-501 [enacted Nov. 13, 2000], to amend the Older Americans 
Act of 1965. (H.R. 782/S. 1536).
    P.L. 106-505 [enacted Nov. 13, 2000], Public Health Improvement 
Act. (H.R. 2498).
    P.L. 106-525 [enacted Nov. 22, 2000], to amend the Public Health 
Service Act. (S. 1880/H.R. 3250).
    P.L. 106-545 [enacted Dec. 19, 2000], to establish, wherever 
feasible, guidelines, recommendations, and regulations that promote the 
regulatory acceptance of new and revised toxicological tests that 
protect human and animal health and the environment while reducing, 
refining, or replacing animal tests and ensuring human safety and 
product effectiveness. (H.R. 4281/S. 1495).
    P.L. 106-551 [enacted Dec. 20, 2000], to amend the Public Health 
Service Act. (H.R. 3514/S. 2725).
    P.L. 106-554 [enacted Dec. 21, 2000], Labor, Health and Human 
Services, Education, and Related Agencies Appropriations Bill for 
Fiscal Year 2001. (H.R. 4577).
    P.L. 106-580 [enacted Dec. 29, 2000], to amend the Public Health 
Service Act. (H.R. 1795/S. 1110).

    VI. LIST OF FULL COMMITTEE HEARINGS OF THE COMMITTEE ON HEALTH, 
                     EDUCATION, LABOR, AND PENSIONS

    Group Health Plan Comparative Information and Coverage 
Determination Standards. (January 20, 1999)
    Improving Education Opportunities: Senators' Perspective. (January 
26, 1999)
    Department of Education Elementary and Secondary Education 
Proposals. (February 9, 1999)
    Education Budget Proposals. (February 11, 1999)
    Education Reform Governors' Views. (February 23, 1999)
    Privacy Under a Microscope: Balancing the Needs of Research and 
Confidentiality. (February 24, 1999)
    Medical Necessity: From Theory to Practice. (March 2, 1999)
    Key Patients' Protections: Lessons from the Field. (March 11, 1999)
    Educating the Disadvantaged. (March 16, 1999)
    What Works: Education Research. (April 14, 1999)
    Education Technology. (April 22, 1999)
    Medical Records Confidentiality in a Changing Health Care 
Environment. (April 27, 1999)
    Retention and Social Promotion. (April 29, 1999)
    School Safety. (May 6, 1999)
    ESEA: Title I: Evaluation & Reform. (May 12, 1999)
    Nomination of Richard McGahey, to be Assistant Secretary of Labor. 
(May 13, 1999)
    ESEA: Educating the Forgotten Half. (May 18, 1999)
    ESEA: From Tales to Tape. (May 20, 1999)
    Reauthorization for the National Endowment of the Arts and 
Humanities. (May 27, 1999)
    ESEA: Special Populations. (June 10, 1999)
    Professional Development in ESEA. (June 22, 1999)
    ESEA: Title VI and Class Size Reducation. (June 23, 1999)
    ESEA: Arts Education and Magnet Schools. (June 29, 1999)
    School Facilities. (June 30, 1999)
    ESEA: Drug Free Schools. (July 7, 1999)
    ESEA: Improving Uses of Funds. (July 20, 1999)
    Innovations in Child Care. (July 27, 1999)
    Education Readiness. (September 14, 1999)
    Hybrid Pension Plans. (September 21, 1999)
    Pain Management and Improving End-Of-Life Care. (October 13, 1999)
    FDA Modernization Act: Implementation of the Law. (October 21, 
1999)
    Medical Errors: A Look at the IOM Report. (January 26, 2000)
    Medical Errors: Understanding Adverse Drug Events. (February 1, 
2000)
    Medical Errors: Administration Response and Other Perspectives. 
(Feb. 22, 2000)
    Reauthorization of the Ryan White Care Act. (March 2, 2000)
    E-Drugs: Who Regulates Internet Pharmacies?. (March 21, 2000)
    Protecting Pension Assets. (April 13, 2000)
    Proposed Rule on the Privacy of Individually Identifiable Health 
Information. (April 26, 2000)
    Mental Health Parity Act. (May 18, 2000)
    Gender-Based Wage Discrimination. (June 8, 2000)
    Drug Safety and Pricing. (June 13, 2000)
    Overview of Federal Service Programs. (June 20, 2000)
    Reprocessing of Single-Use Medical Devices. (June 27, 2000)
    National Scvience Foundation: Exploring the Endless Frontier. (July 
12, 2000)
    Prescription Drug Costs: What Drives Increases. (July 18, 2000)
    Genetic Information in the Workplace. (July 20, 2000)
    Public Safety Employer-Employee Cooperation Act of 1999. (July 25, 
2000)
    Americans With Disabilities Act (ADA): Opening the Doors to the 
Workplace. (July 26, 2000)
    The Future of Food: Biotechnology and Consumer Confidence. 
(September 26, 2000)
    Impact of Higher Energy Prices on the Poor. (October 3, 2000)
    Health Care Coverage: 45 Million Uninsured and Counting. (October 
4, 2000)
          FULL COMMITTEE FIELD HEARINGS IN THE 106TH CONGRESS
    Medical Records Privacy. March 15, 1999. Berlin, VT.
    Reauthorization of the Elementary and Secondary Education Act. 
April 7, 1999. Winooski, VT.
    Reauthorization of the Elementary and Secondary Education Act: A 
Focus on Professional Development. April 19, 1999. Montpelier, VT.
    Reauthorization of the ESEA: Innovative Programs. May 10, 1999. 
Bennington, VT.
    Medical Errors: Federal and State Reforms. February 16, 2000. 
Montpelier, VT.
    Department of Energy Employee Compensation Plan. May 15, 2000. 
Columbus, OH.
    Ensuring Access to Affordable Health Care. mAY 31, 2000. 
Montpelier, VT.
                  JOINT HEARING IN THE 106TH CONGRESS
    Federal Educational Research and Evlauation Efforts. June 17, 1999. 
(With House Committee on Education and the Workforce.)


VII. ANTICIPATED ACTIVITIES FOR 107TH CONGRESS

                             A. Health Care

    The following is a summary of legislation and 
reauthorization proposals that the committee will consider 
during the 107th Congress:
    MEDICAL ERRORS.--Last year, the Institute of Medicine (IOM) 
released a report that examines the frequency and cause of 
unintentional deaths in our health care system. The committee 
will examine ways to reduce medical errors, including voluntary 
reporting systems and the creation of a national patient safety 
center to develop new tools and systems needed to address 
persistent problems.
    HEALTH INSURANCE COVERAGE.--Today, there are 43 million 
Americans with no health insurance and for the third year in a 
row, employers and their employees are facing significant 
increases in health insurance premiums. The committee will 
examine legislation that address the gaps in coverage in the 
existing public-private health care structure.
    SAFETY NET PROVIDERS.--The committee intends to reauthorize 
two key safety net programs under the jurisdiction of the 
committee--the Consolidated Health Centers Act, which includes 
Community Health Centers, and the National Health Service 
Corps.
    MEDICAL RECORDS CONFIDENTIALITY.--The committee will hold 
oversight hearings on the Administration's final rule on the 
privacy of individually identifiable health information. The 
information collected from these hearings will enable the 
committee to make a determination as to whether additional 
legislation in this area is needed.
    PATIENTS' BILL OF RIGHTS.--The committee will hold 
oversight hearings on recent regulations dealing with the 
disclosure of health plan information and claim determinations. 
The committee will also examine patient protection legislation 
which addresses those issues that have broad consensus.
    MENTAL HEALTH PARITY.--The committee will hold oversight 
hearings relating to the reauthorization of the Mental Health 
Parity Act of 1996.
    GENETIC DISCRIMINATION.--The committee will examine 
legislation to prohibit a health care plan or health insurance 
issuer from restricting enrollment or adjusting premium amounts 
on the basis of predictive genetic information.
    FOOD AND DRUG ADMINISTRATION.--The committee will continue 
its oversight of FDA's implementation of the Food and Drug 
Administration Act of 1997 and other general oversight 
activities with regard to FDA, including the adequacy of the 
agency's current procedures with regard to food imports.
    HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 
(HIPAA).--The committee will continue its oversight of the 
implementation of HIPAA.
    HEALTH CARE STAFFING.--The committee will hold oversight 
hearings on issues relating to health care staffing shortages.

                             B. Disability

    INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA).--The 
committee is expected to continue its efforts to bring the 
federal funding for Part B of IDEA up to the level that 
Congress pledged in the original passage of P.L. 94-142 in 
1975. That level was 40 percent of the national average per 
pupil expenditure (APPE) for each child with a disability being 
educated by our Nation's schools. Over the years, the Federal 
appropriations have ranged from 7 percent to 12.5 percent of 
the APPE., less than one third of that 40 percent commitment.
    The committee will likely conduct oversight of IDEA. This 
act authorizes funds to assist the States in assuring that each 
child with a disability receives a free, appropriate public 
education. Components of the act include the Office of Special 
Education Programs; the State grant program for students with 
disabilities; the grant program for infants and toddlers with 
disabilities; the preschool grant program for children with 
disabilities; the State Improvement Grant Program; programs for 
personnel training and research; and discretionary grant 
programs.
    TECHNOLOGY FOR ALL AMERICANS.--The committee will examine 
the central role that technology can play in all Americans' 
lives, particularly individuals with disabilities. Legislation 
may be considered that would increase research and development 
on accessible and assistive technologies, including universal 
design technology, and promote broader public access through 
public libraries, including those in public elementary and 
secondary schools.

                              C. Education

    ELEMENTARY AND SECONDARY EDUCATION ACT (ESEA).--The primary 
education focus of the committee during the 107th Congress will 
be the reauthorization of the Elementary and Secondary 
Education Act (ESEA). This act authorizes Federal initiatives 
providing assistance for elementary and secondary education. 
The larger programs included under ESEA are: the title I 
program which supports educational activities for disadvantaged 
students; the Eisenhower professional development program; and 
Safe and Drug-Free Schools and Communities.
    Reauthorization debate will center on several issues: (1) 
the respective roles of local, State, and the Federal 
Governments in elementary and secondary education; (2) measures 
by which the quality of the teaching force can be improved; (3) 
means by which Federal elementary and secondary education 
programs can be streamlined or consolidated; (4) providing 
greater accountability mechanisms designed to improve student 
and school performance; and (5) increasing flexibility in the 
implementation of programs which result in enhancing overall 
student achievement.
    In addition to the reauthorization of the Elementary and 
Secondary Education Act, the committee may also consider the 
following reauthorization initiatives:
    OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT (OERI)--This 
act reauthorizes Federal education research programs. Entities 
authorized under the act include the Office of Educational 
Research and Improvement; the National Center for Education 
Statistics; the National Education Library; and the Education 
Resources Information Clearinghouse (ERIC). The committee will 
give particular attention to identifying means by which timely 
and relevant research findings can be made available to 
practitioners and policy makers.
    NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS (NAEP).--NAEP 
offers subject-by-subject reports on the status of students and 
trends in student learning over time. It is the only national 
measure pertaining to student performance.
    NATIONAL AND COMMUNITY SERVICE ACT.--This act authorizes 
the administration of national and community service programs 
and the authorization for Federal domestic volunteer service 
programs, administered by the ACTION Agency (VISTA, Foster 
Grandparents, Senior Companions).
    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).

                        D. Children and Families

    CHILD ABUSE PREVENTION AND TREATMENT ACT (CAPTA).--The 
Child Abuse Prevention and Treatment Act is scheduled to be 
reauthorized in FY2001. This Act governs the identification, 
investigation, and treatment of child abuse and neglect. CAPTA 
is a State grant program that funds a variety of state-defined 
initiatives to improve the initial response to allegations of 
child abuse and neglect. CAPTA will need to be further 
coordinated with the changes in federal foster care and 
adoption programs passed in the 105th and 106th Congress, 
particularly the Adoption and Safe Families Act of 1997 (P.L. 
105-89) and the John Chafee Foster Care Independence Act of 
1999 (P.L. 106-169).
    The Child Abuse Prevention and Treatment Act legislation 
also includes several other children and families programs 
which will require reauthorization in Fiscal Year 2001. The 
Community-Based Family Resources and Support Grants fund family 
resource centers, state trust, and other local initiatives 
designed to reduce child maltreatment. The Adoption 
Opportunities Act funds State efforts to increase the number of 
children placed in adoptive homes. The Abandoned Infants 
Assistance Act helps States provide services for children who 
are abandoned by their parents at or shortly after birth. The 
committee will be reviewing the effectiveness of each of these 
programs to determine if substantive changes need to be made to 
improve the legislation.
    The Family Violence Prevention and Services Act has 
historically been part of the CAPTA reauthorization. In 2000, 
the authorization for the legislation was extended, with 
several changes, as part of the Violence Against Women Act 
reauthorization (P.L. 106-386). The committee will be 
monitoring the implementation of the legislation and reviewing 
the changes made in 2000 to identify any additional changes 
which need to be made to improve the program.
    CHILD CARE AND DEVELOPMENT BLOCK GRANT.--The Child Care and 
Development Block Grant (CCDBG) is scheduled to be reauthorized 
in Fiscal Year 2002, as part of the reauthorization of the 
Personal Responsibility and Work Opportunities Act (P.L. 104-
193). The CCDBG authorizes the State requirements for the 
expenditure of both CCDBG and child care subsidies and services 
under the Temporary Assistance to Needy Families (TANF) Act. 
The committee will be focusing particular interest on how 
states are dividing subsidies between lowincome working 
families and families who qualify for child care entitlement 
funds under TANF, the amount of individual subsidies in 
comparison to prevailing market rates and whether the subsidies 
severely limit parental choice of child care providers, and 
whether increased funding levels for CCDBG are sufficient to 
meet the demand for child care assistance as demonstrated by 
existing waiting lists, State maximum incomes to qualify for 
CCDBG subsidies and other relevant factors. The committee also 
will be exploring ways in which CCDBG can be modified to 
address the workforce needs of the child care system, the State 
enforcement of child care licensing standards in and other 
efforts to improve the quality of child care.
    Increasing the supply of quality care for school-aged youth 
in the non-school hours and days is another area of committee 
interest. Federal support for school-aged care is primarily 
carried out through the Child Care and Development Block Grant 
and the 21st Century Community Learning Centers Program. The 
committee will be reviewing these programs, as well as new 
initiatives to ensure that they are effectively meeting the 
needs of school-aged youth and their families.

                                E. Labor

    GENETIC DISCRIMINATION.--The committee will continue to 
explore the issue of genetic information and the workplace and 
will seek to develop legislation that will ensure that 
employees are protected against workplace discrimination based 
on their genetic makeup.

                              F. Pensions

    HYBRID PENSION PLANS.--During the 106th Congress, a 
relatively new type of retirement vehicle, ``hybrid'' pension 
plans, became the focus of public scrutiny and Congressional 
oversight. ``Hybrid'' refers to the fact that these defined 
benefit plans make use of individual account balances that can 
be reported to plan participants like 401(k) accounts. Concerns 
were expressed about conversions from traditional defined 
benefit plans to a particular type of hybrid plan, ``cash 
balance plans.'' Concerns included the ``wear away'' of pension 
benefits (a temporary freeze of benefits) for certain 
participants as a consequence of a conversion, the adequacy of 
notification provided to employees, and whether cash balance 
plans are age discriminatory. The committee will continue its 
oversight activity with respect to these plans.

                           Committee Printing

    The committee printed a total of 101 copies of hearings and 
committee prints during the 106th Congress. These encompassed 
14,850 volumes, and consisted of 2,371,290 pages. The committee 
also bound 15 volumes of executive meetings of the 106th 
Congress for its permanent record. The committee also has on 
Micro Fiche the legislative hearings, bills, and public laws.
APPENDIX

             I. REPORTS OF THE SUBCOMMITTEES, COMMITTEE ON

                 HEALTH, EDUCATION, LABOR, AND PENSIONS

                                 AGING

                         Subcommittee on Aging

                         Mike DeWine, Chairman

    The Subcommittee on Aging, chaired by Senator Mike DeWine, 
has legislative jurisdiction over the Older Americans Act of 
1965. During the 106th Congress, the focus of the subcommittee 
was principally upon the reauthorization of the Act, which had 
not been renewed for several years. The Older Americans Act 
Amendments of 2000 were signed into law on November 13, 2000.

                         HEARINGS AND BRIEFINGS

    The subcommittee held 6 hearings on aspects of the Older 
Americans Act during the 106th Congress. The Older Americans 
Act hearings were as follows: ``Oversight and Review'' (March 
3, 1999), ``Elder Abuse'' (March 23, 1999), ``Supportive 
Services'' (April 30, 1999), ``State and Local Views'' 
(Cleveland, OH; May 17, 1999), ``Title V: Longevity in the 
Workplace'' (May 27, 1999), and ``A Long Tenn Caregiver 
Program'' (June 22, 1999).

             ANTICIPATED ACTIVITIES FOR THE 107TH CONGRESS

    Priorities for the Aging Subcommittee include oversight of 
the Older Americans Act and Family Caregiver programs, as well 
as continued focus on aging issues, such as the impact of Baby 
Boomer retirees on the health care delivery system, caring for 
the elderly, access to longterm care, adult day care and other 
community-based options, seniors' access to new medical 
technologies, and disease prevention and management for 
seniors.

                         CHILDREN AND FAMILIES

                 Subcommittee on Children and Families

                          Judd Gregg, Chairman

    The Subcommittee on Children and Families, chaired by 
Senator Judd Gregg, has jurisdiction over a variety of Federal 
programs related to children and families. During the 106th 
Congress, the subcommittee conducted 3 hearings on issues 
relating to children and families. The subcommittee was 
particularly interested in facilitating a discussion on the 
critical issues surrounding the care and education of children 
with special emphasis on (1) maximizing parental choice while 
recognizing the diverse child care needs of children and 
families, (2) maintaining local control over the design and 
implementation of successful early learning programs, and (3) 
improving the coordination, quality, and accountability of such 
programs. No programs within the subcommittee's jurisdiction 
expired during the 106th Congress.

                 HEARINGS CONDUCTED BY THE SUBCOMMITTEE

    ``The Family and Medical Leave Act: Present Impact and 
Possible Next Steps''-- July 14, 1999. Examined the status of 
the implementation of the Family and Medical Leave Act and its 
impact on both employees and employers. Also considered 
possible next steps including proposals for FMLA expansion and 
paid leave options. Witnesses included John Fraser, Deputy 
Administrator of the U.S. Department of Labor's Wage and Hour 
Division; Edward F. Harold, a labor law expert with the firm of 
McCalla, Thompson, Pyburn, Hymowitz and Shapiro, New Orleans, 
LA; Deanna Gelak, Director of Government Affairs of the Society 
for Human Resource Management, on behalf of the Family and 
Medical Leave Act Corrections Coalition; Kimberly Hostetler, 
with the Connecticut Hospital Association; Ellen Bravo, co-
director of 9 to 5; and Eric Oxfeld, President of UWC--
Strategic Services on Unemployment and Workers Compensation.
    ``Keeping Children and Families Safe from Internet 
Predators''--March 28, 2000. Hearing examined how the Internet 
is being used by ``cyberpredators'' to target young children 
and families. Witnesses included Tim Remsburg, Nashua, NH; 
Teresa and Dianna Strickland, Opelika, AL; Kenneth Neu, F.B.I. 
Assistant Section Chief, Violent Crimes Major Offenders 
Section; William Hagmaier, F.B.I., Unit Chief, Child Abduction 
Serial Murder Investigative Resources Center; Donna Rice 
Hughes, Mary Anne Layden, University of Pennsylvania; Ernie 
Allen, President and CEO, National Center for Missing and 
Exploited Children; and John Ryan, America On Line.
    ``Early Childhood Programs for Low-Income Families: 
Availability and Impact''--April 11, 2000. Hearing examined 
Federal, State, local and private-sector involvement in early 
childhood programs, primarily for children ages 3 to 5. In 
particular, the hearing examined the accessability of these 
programs to lower income families and how States are 
coordinating funding and for these programs. Finally, the 
hearing sought to ascertain what we know about such programs 
impact on school readiness. Witnesses included Mamie Shaul, 
Associate Director, Education, Workforce, and Income Security 
Issues, U.S. General Accounting Office; Douglas Besharov, 
Resident Scholar, American Enterprise Institute; and Elaine 
Zimmerman, Executive Director, Connecticut Commission on 
Children.

             ANTICIPATED ACTIVITIES FOR THE 107TH CONGRESS

    The subcommittee's top legislative priority includes the 
reauthorization of the Child Abuse Prevention and Treatment 
Act, the Family Violence Prevention and Services Act, the 
Adoption Opportunities Act, Community-Based Family Resource and 
Support Grants, and the Abandoned Infants Assistance Act. The 
subcommittee intends to conduct several oversight hearings on 
these programs as the committee prepares for the FY 2001 
reauthorization.
    The subcommittee is also planning hearings which may 
include the following: (1) An Examination of Child Protection 
and Its Emerging Issues; (2) Responding to the Needs of 
Abandoned Infants; (3) Investigating Child Abuse: Are We 
Harming Children and Families in the Name of Child Protection; 
and (4) Teen Pregnancy Prevention Programs: What's Working and 
What's Not.

                    EMPLOYMENT, SAFETY AND TRAINING

            Subcommittee on Employment, Safety, and Training

                       Michael B. Enzi, Chairman

    The Subcommittee on Employment, Safety, and Training, 
chaired by Senator Mike Enzi, has jurisdiction over a wide 
variety of Federal programs related to employment policy, 
workplace safety and health, and workforce training. The focus 
of the subcommittee was to conduct oversight of agency 
activities, identify provisions of existing law that no longer 
meet the needs of the modem workforce and review any recently 
enacted modifications to existing statutes.
    Throughout the 106th Congress, the Subcommittee held a 
series of hearings on Federal regulation of workplace safety 
and health by the Occupational Safety and Health Administration 
(OSHA). The subcommittee held an oversight hearing on the 
Workforce Investment Act, and hearings on several pieces of 
proposed legislation, discussed below. The subcommittee also 
held hearings examining the ergonomics standard proposed by 
OSHA in November 1999.

               LEGISLATION CONSIDERED BY THE SUBCOMMITTEE

    The subcommittee considered the following legislation 
during the 106th Congress:
    The Safety Advancement for Employees Act (the SAFE Act), S. 
385, a bill introduced by Senator Enzi to reduce the rate of 
worker injuries and illness by modernizing the administration 
of OSHA. The bill would focus the agency on compliance 
activities that prevent injuries versus enforcement of fines 
and penalties that are efforts expended only after an injury 
has occurred. Two hearings were held on March 4, 1999 and April 
13, 1999. The bill was marked up and reported out of committee 
on April 29, 1999 and placed on the Senate calendar. The bill 
was not considered by the full Senate for a vote.
    The Small Mine Advocacy Review Panel Act, S. 1114, a bill 
introduced by Senator Enzi and Senator Bingaman to amend the 
Federal Mine Safety and Health Act of 1977 to apply data 
gathering procedures used in rulemaking for small businesses to 
small miners. The bill seeks to establish a more cooperative 
and effective method for rulemaking that takes into account the 
special needs and concerns of smaller miners. A hearing was 
held on May 26, 1999, and the bill was reported out of 
committee and placed on the Senate calendar on January 7, 2000. 
The bill was not considered by the full Senate for a vote.
    The Fair Access to Indemnity and Reimbursement Act (the 
FAIR Act), S. 1158, a bill introduced by Senator Hutchinson to 
amend the National Labor Relations Act (NLRA) and the 
Occupational Safety and Health Act (OSHA) to allow the recovery 
of attorney's fees and costs by certain employers and labor 
organizations who are prevailing parties in administrative 
proceedings brought against them by the National Labor 
Relations Board (NLRB) or before the Occupational Safety and 
Health Review Commission (OSHRC) or in court proceedings 
brought by or against the NLRB or OSHRC. The Act requires that 
employers or labor organizations have not more than 100 
employees and a net worth of not more than $7 million at the 
time of such proceedings in order to be eligible for recovery. 
A hearing was held on July 29, 1999. The bill was not reported 
out of committee.

                 HEARINGS CONDUCTED BY THE SUBCOMMITTEE

    The New SAFE Act: Using Third-Party Consultations and 
Encouraging Safety Programs to Make Workers Safer. March 4, 
1999
    The SAFE Act. April 13, 1999
    Increasing MSHA and Small Mine Cooperation. May 26, 1999 
The Workforce Investment Act: Job Training. July 1, 1999
    The FAIR Act: Balancing the Scale of Justice for Small 
Business. July 29, 1999
    The Ergonomics Rule: OSHA's Interference with State 
Workers' Compensation. April 27, 2000.
    Compensation Plan for Department of Energy Workers. May 15, 
2000 (Field Hearing in Ohio)
    Project Labor Agreements Examined. June 5, 2000 (Field 
Hearing in California) Ergonomics and Healthcare. July 13, 2000

             ANTICIPATED ACTIVITIES FOR THE 107TH CONGRESS

    The subcommittee's legislative priorities include oversight 
and, potentially, a technical amendments bill to the Workforce 
Investment Act, an in depth examination of the Mine Safety and 
Health Act, oversight of the National Labor Relations Board, 
oversight of the OSHA rulemaking process and the public's role 
in that process and follow up activities on the matters 
considered by the subcommittee in the 106th Congress.

                             PUBLIC HEALTH

                     Subcommittee on Public Health

                       Bill Frist, M.D., Chairman

    The Subcommittee on Public Health has authorizing 
jurisdiction and oversight of Federal health programs in the 
Public Health Service Act. These include the National 
Institutes of Health, Centers for Disease Control and 
Prevention, National Organ Transplant Act, National Marrow 
Donor Program, Agency for Healthcare Research and Quality, 
Substance Abuse and Mental Health Services Administration, the 
Ryan White AIDS Act, community health centers and health 
professions education programs.

               LEGISLATION CONSIDERED BY THE SUBCOMMITTEE

    As chairman of the subcommittee, Senator Frist introduced 
legislation to reauthorize the Agency for Health Care Policy 
and Research (S. 580), the National Organ Transplant Act (S. 
2366), the Substance Abuse and Mental Health Administration (S. 
976) and prostate cancer programs at the Centers for Disease 
Control and Prevention and National Institutes of Health (S. 
1243). Senator Frist also led the subcommittee in considering 
and passing, the Children's Health Act of 2000 (S. 2868); the 
Public Health Improvement Act of 2000 (H.R. 2498), which was 
compiled of nine public health bills authored by Senators 
Frist, Jeffords and Kennedy, including the Public Health 
Threats and Emergencies Act (S. 2731); and the Minority Health 
and Health Disparities Research and Education Act of 2000 (S. 
1880).
    The subcommittee considered the following legislation 
during the 106th Congress:
    The Children's Health Act of 2000 (S. 2868) amends the 
Public Health Service Act to revise, extend, and establish 
programs with respect to children's health research, health 
promotion and disease prevention activities conducted through 
Federal public health agencies. It addresses issues affecting 
children's health, focusing on four critical areas: injury 
prevention, maternal and infant health, pediatric public health 
promotion, and pediatric research. Companion legislation, H.R. 
4365, was introduced in the House of Representatives by Mr. 
Bilirakis on May 3, 2000. S. 2868 was introduced by Senators 
Frist, Jeffords, Kennedy and others on July 13, 2000, and 
included in an amended version of H.R. 4365 which was passed by 
the Senate by unanimous consent on September 22, 2000. On 
September 27, 2000, the House passed H.R. 4365 as amended and 
cleared the bill for the White House. H.R. 4365 was signed into 
law on October 17, 2000 (P.L. 106-310).
    The Children's Day Care Health and Safety Irnprovement Act 
(S. 2236) improves the health and safety of children in child 
care health settings through enhanced provider training and 
education, the provision of health consultants to share advice 
to child care providers, the rehabilitation of facilities to 
meet health and safety standards, and better information to 
assist parents in choosing a safe and healthy day care setting. 
S. 2236 was introduced on March 9, 2000, by Senators Frist and 
Dodd. S. 2236 was included in an amended version of H.R. 4365 
which was passed by the Senate by unanimous consent on 
September 22, 2000. On September 27, 2000, the House passed 
H.R. 4365 as amended and cleared the bill for the White House. 
H.R. 4365 was signed into law on October 17, 2000 (P.L. 106-
310).
    The Youth Drug and Mental Health Services Act (S. 976) 
addresses the increase in youth drug abuse by reauthorizing the 
Substance Abuse and Mental Health Services Administration which 
administers block grants to States for community-based 
substance abuse prevention and treatment programs and mental 
health services. S. 976 was introduced by Senators Frist, 
Kennedy, Jeffords, and others on May 6, 1999, and reported by 
the Committee on Health Education Labor and Pensions to the 
full Senate with an amendment in the nature of a substitute on 
October 19, 1999. It was passed by Unanimous Consent on 
November 3, 1999, and was included in an amended version of 
H.R. 4365 which was passed by the Senate by unanimous consent 
on September 22, 2000. On September 27, 2000, the House passed 
H.R. 4365 as amended and cleared the bill for the White House. 
H.R. 4365 was signed into law on October 17, 2000 (P.L. 106-
310).
    The Public Health Improvement Act of 2000 (H.R. 2498) is a 
compilation of bills authored by Senators Frist, Jeffords, 
Kennedy and others, which amend the Public Health Service Act 
and had been previously passed by the Senate, House of 
Representatives or the Senate Health, Education, Labor and 
Pensions Committee during the 106th Congress. The bill 
contained the Public Health Threats and Emergencies Act of 2000 
(S. 2731); the Clinical Research Enhancement Act of 1999 (S. 
1813); the Twenty-First Century Research Laboratories Act (S. 
1268); the Cardiac Arrest Survival Act (S. 1488); the Rural 
Access to Emergency Devices Act (S. 2528); the Lupus Research 
Act (S. 1163); the Prostate Cancer Research and Protection Act 
(S. 1243); the Organ Procurement Organization Certification Act 
(S. 2625); a resolution to designate November 23, 2000, 
Thanksgiving Day, as a day to ``Give Thanks, Give Life'' and to 
discuss organ and tissue donation with other family members (S. 
Res. 225); and new provisions to address Alzheimer's disease 
and to develop treatment for sexually transmitted diseases 
through NIH research. On October 26, 2000, the Public Heath 
Improvement Act (H.R. 2498) passed the Senate by unanimous 
consent with an amendment in the nature of a substitute. On 
October 27, 2000, the House passed H.R. 2498 under suspension 
of the rules on and cleared it for the White House. H.R. 2498 
was signed into law on November 13, 2000 (P.L. 106-505).
    The Public Health Threats and Emergencies Act (S. 2731) 
strengthens the nation's capacity to detect and respond to 
serious public health threats including antimicrobial 
resistance and bioterrorist attacks through programs and grants 
that improve core capacities of national, State, and local 
public health agencies; enhances our ability to detect and 
control the spread of disease-causing microbes that are 
resistant to antibiotics; and upgrades national preparedness 
for the medical consequences of bioterrorist attacks. S. 2731 
was introduced by Senators Frist and Kennedy on June 14, 2000. 
It was ordered to be reported by the Committee on Health, 
Education, Labor, and Pensions with an amendment favorably on 
September 20, 2000. S. 2731 was included in the Public Heath 
Improvement Act (H.R. 2498) which on October 26, 2000 passed 
the Senate by unanimous consent with an amendment in the nature 
of a substitute. On October 27, 2000, the House passed H.R. 
2498 under suspension of the rules on and cleared for the White 
House. H.R. 2498 was signed into law on November 13, 2000 (P.L. 
106-505).
    The Minority Health and Health Disparities Research and 
Education Act of 2000 (S. 1880) focuses attention and research 
to combat disparities in health care outcomes, including lower 
access and higher disease rates, in rural, urban, and minority 
underserved populations. The bill was introduced by Senator 
Kennedy and others on November 18, 1999, and was discharged by 
unanimous consent by the Committee on Health, Education, Labor 
and Pensions on October 26, 2000. The bill subsequently passed 
the Senate by unanimous consent on October 26 with an amendment 
in the nature of a complete substitute proposed by Senator 
Frist. On October 31, 2000, the House passed S. 1880 by a voice 
vote under suspension of the rules and cleared the bill for 
White House approval. S. 1880 was signed into law on November 
22, 2000 (P.L. 106-525).
    The Healthcare Research and Quality Act of 1999 (S. 580) 
revises and extends the Agency for Healthcare Policy and 
Research. The bill was introduced by Senators Frist, Kennedy 
and others on March 10, 1999, and was discharged by unanimous 
consent by the Committee on Health, Education, Labor, and 
Pensions on November 3, 1999. It subsequently passed the Senate 
by unanimous consent with an amendment in the nature of a 
substitute. On November 18, 1999, the House passed S. 580 
unanimously and cleared the bill for White House approval. S. 
580 was signed into law on December 6, 1999 (P.L. 106-129).
    The Organ Procurement and Transplantation Network Act of 
2000 (S. 2366) reauthorizes the National Organ Transplant Act. 
S. 2366 re-establishes the Organ Procurement and 
Transplantation Network (OPTN) as a private network and 
clarifies the responsibilities of the Secretary of Health and 
Human Services (HHS), the OPTN Policy Board, and the Network 
Administrator, the private contractor administering the 
Network, to ensure the development of organ transplant policies 
by medical experts while allowing for appropriate federal 
oversight of the organ system. S. 2366 provides key principles 
to guide organ transplant and allocation policies, defines a 
clear dispute resolution process for the OPTN Board and the 
Secretary of HHS to achieve enforceable policies, and increases 
organ donation and research activities. S. 2366 was introduced 
by Senator Frist on April 5, 2000, and was passed unanimously 
with an amendment in the nature of a substitute by the Senate 
Health, Education, Labor, and Pensions Committee on April 12, 
2000.

                 HEARINGS CONDUCTED BY THE SUBCOMMITTEE

    During the course of the 106th Congress, the subcommittee 
conducted seven hearings on a variety of public health issues 
such as disparities in health care access and outcomes as well 
as threats to children's health. Of particular interest to the 
subcommittee were the concerns surrounding Federal oversight of 
clinical trials involving human subjects as well as the U.S. 
response to the growing threats posed by antimicrobial 
resistance and biotefforism. The subcommittee also investigated 
issues surrounding the consolidated health centers program and 
National Health Service Corps, which it will delve more deeply 
into during the next Congress.

             ANTICIPATED ACTIVITIES FOR THE 107TH CONGRESS

    Priorities for the subcommittee in the 107th Congress will 
include: reauthorization of the Consolidated Health Centers and 
National Health Service Corps programs, these programs which 
help ensure a strong safety net system is in place to deliver 
primary health services to 42.5 million uninsured individuals; 
reauthorization of the National Organ Transplant Act; and 
continued oversight regarding the effectiveness and 
shortcomings of Federal programs detailed to oversee and insure 
the protection of patients participating in medical research. 
In addition, the subcommittee will continue to focus on global 
health issues, especially issues regarding infectious diseases 
in Africa and developing nations.


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