E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, WEDNESDAY, SEPTEMBER 10, 2003 No. 124—Part II Senate DEPARTMENTS OF LABOR, at such time, in such manner, and con- (4) up to an additional $3,000,000 to carry HEALTH AND HUMAN SERVICES, taining such information as the Secretary out high school equivalency program activi- AND EDUCATION, AND RELATED may require. ties under section 418A of the Higher Edu- (d) DURATION.—The term of a grant under AGENCIES APPROPRIATIONS cation Act of 1965 (HEP); subsection (b) shall not exceed 4 years. (5) up to an additional $500,000 to carry out ACT, 2004—Continued (e) AUTHORIZATION OF APPROPRIATIONS.— college assistance migrant program activi- There is authorized to be appropriated to AMENDMENTS NOS. 1548, 1552, AS FURTHER MODI- ties under section 418A of the Higher Edu- carry out this section, such sums as may be FIED, 1569, 1603, AS MODIFIED, 1612, AS MODI- cation Act of 1965 (CAMP); necessary for each of fiscal years 2004 FIED, 1623, 1624, 1625, 1626, 1627, 1628, 1629, 1630, 1631, (6) up to an additional $1,000,000 to carry through 2007. 1632, 1633, 1634, 1635, 1636, 1637, 1638, 1639, 1640, 1641, out subpart 16 of part D of title V of the Ele- AMENDMENT NO. 1552 1642, 1643, 1644, EN BLOC mentary and Secondary Education Act of Mr. SPECTER. Mr. President, I send On page 61, between lines 14 and 15, insert 1965 (parental assistance and local family in- the following: formation centers); and a series of cleared amendments to the SEC. ll. In addition to any amounts oth- desk and ask unanimous consent that erwise appropriated under this Act for pro- AMENDMENT NO. 1612 they be agreed to en bloc, with the mo- grams and activities under the Nurse Rein- In the matter under the heading ‘‘TRAINING tion to reconsider laid upon the table. vestment Act (Public Law 107-205) and for AND EMPLOYMENT SERVICES’’ under the head- The PRESIDING OFFICER. Is there other nursing workforce development pro- ing ‘‘EMPLOYMENT AND TRAINING ADMINISTRA- objection? grams under title VIII of the Public Health TION’’ in title I, add at the end the following: Without objection, it is so ordered. Service Act (42 U.S.C. 296 et seq.), there are For necessary expenses of the Workforce The amendments are considered and appropriated an additional $50,000,000 for Investment Act of 1998, including the pur- agreed to en bloc. such programs and activities. chase and hire of passenger motor vehicles, The amendments are as follows: AMENDMENT NO. 1569 the construction, alteration, and repair of AMENDMENT NO. 1548 (Purpose: To provide for a report concerning buildings and other facilities, and the pur- (Purpose: To provide for the establishment of how Federal funds are expended relating to chase of real property for training centers as summer health career introductory pro- Hansen’s Disease) authorized by the Workforce Investment Act grams for middle and high school students) At the appropriate place, insert the fol- of 1998, $25,000,000 may be used to carry out activities described in section 132(a)(2)(B) of At the appropriate place, insert the fol- lowing: SEC. . Not later than May 1, 2004, the Sec- that Act (relating to dislocated worker em- lowing: retary of Health and Human Services shall ployment and training activities and other SEC. ll. SUMMER HEALTH CAREER INTRODUC- submit to the appropriate committees of activities for dislocated workers). TORY PROGRAMS. Congress a report concerning the manner in (a) FINDINGS.—Congress finds that— AMENDMENT NO. 1623 which the Department of Health and Human (1) the success of the health care system is Services expends Federal funds for research, (Purpose: To increase funding for activities dependent on qualified personnel; patient care, and other activities relating to to prevent the mother-to-child trans- (2) hospitals and health facilities across Hansen’s Disease. The report shall include— mission of HIV) the United States have been deeply impacted (1) the amounts provided for each research On page 61, between lines 14 and 15, insert by declines among nurses, pharmacists, radi- project; the following: ology and laboratory technicians, and other (2) the amounts provided to each of the 12 SEC. ll. (a) MOTHER-TO-CHILD HIV TRANS- workers; treatment centers for each of research, pa- MISSION PREVENTION.—In addition to any (3) the health care workforce shortage is tient care, and other activities; amounts otherwise made available under not a short term problem and such workforce (3) the per patient expenditure of patient this Act to carry out mother-to-child HIV shortages can be expected for many years; care funds at each of the 12 treatment cen- transmission prevention activities, there and ters; and shall be made available an additional (4) most States are looking for ways to ad- (4) the mortality rates at each of the 12 treatment centers. $60,000,000 to carry out such activities and dress such shortages. $1,000,000 for non-mother-to-child activities. (b) GRANTS.—The Secretary of Health and AMENDMENT NO. 1603 (b) REDUCTION IN AMOUNTS.—Amounts Human Services, acting through the Bureau At the end of title III, insert the following: SEC. 306. (a) In addition to any amounts made available under this Act for the admin- of Health Professions of the Health Re- istrative and related expenses for depart- sources and Services Administration, may otherwise appropriated under this Act, there may be appropriated, out of any money in mental management for the Department of award not to exceed 5 grants for the estab- Labor, the Department of Health and Human lishment of summer health career introduc- the Treasury not otherwise appropriated— (1) an additional $4,000,000 to carry out Services, the Department of Education, shall tory programs for middle and high school be reduced on a pro rata basis by $61,000,000. students. title III of the Elementary and Secondary (c) ELIGIBILITY.—To be eligible to receive a Education Act of 1965 (language instruction); AMENDMENT NO. 1624 grant under subsection (b) an entity shall— (2) up to $1,000,000 to carry out part A of At the end of title III, insert the following: (1) be an institution of higher education (as title V of the Higher Education Act of 1965 SEC. . For activities authorized by part H defined in section 101(a) of the Higher Edu- (Hispanic-serving institutions); of title I of the Elementary and Secondary cation Act of 1965 (20 U.S.C. 1001(a)); and (3) up to $500,000 to carry out part C of title Education Act, there are hereby appro- (2) prepare and submit to the Secretary of I of the Elementary and Secondary Edu- priated up to $5,000,000, which may be used to Health and Human Services an application cation Act of 1965 (migrant education); carry out such activities.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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AMENDMENT NO. 1625 ity, interpretation of, and access to mam- used to fund the mass layoff statistics pro- (Purpose: To provide for the conduct of stud- mography. gram under section 15 of the Wagner-Peyser ies concerning the program established (ii) Identification of new data points that Act (29 U.S.C. 49l-2)’’. under the Mammography Quality Stand- could be collected to aid in the monitoring AMENDMENT NO. 1629 ards Act of 1992) and assessment of mammography quality (Purpose: To increase funding for the Special At the appropriate place in title II, insert and access. Volunteers for Homeland Security program) the following: (E) Other approaches that would improve the quality of and access to mammography At the appropriate place in title V, insert SEC. ll. STUDIES CONCERNING MAMMOG- the following: RAPHY STANDARDS. services, including approaches to improving SEC. ll. In addition to any amounts oth- (a) STUDY BY GAO.— provisions under the MQSA. erwise appropriated under this Act for the (1) IN GENERAL.—The Comptroller General (F) Steps that should be taken to help Special Volunteers for Homeland Security of the United States shall conduct a study of make available safe and effective new program, there may be appropriated an addi- the program established under the Mammog- screening and diagnostic devices and tests tional $5,000,000 for such program. raphy Quality Standards Act of 1992 (section for breast cancer. 354 of the Public Health Service Act (42 (2) REPORT.—Not later than 15 months AMENDMENT NO. 1630 U.S.C. 263b)) (referred to in this section as after the date on which the agreement is en- (Purpose: To provide protection for nationals the ‘‘MQSA’’) to— tered into under paragraph (1), the Institute and residents of the Islamic Republic of (A) evaluate the demonstration program of Medicine shall complete the study de- Iran who are targets of persecution) regarding frequency of inspections author- scribed under such subsection and submit a On page 57, between lines 14 and 15, insert ized under section 354(g) of the Public Health report to the Secretary of Health and Human the following: Service Act (42 U.S.C. 263b(g)), including the Services, the Committee on Health, Edu- ‘‘(C) in subsection (b)(1)— effect of the program on compliance with the cation, Labor, and Pensions and the Com- ‘‘(i) in subparagraph (A), by striking ‘and’ MQSA; mittee on Appropriations of the Senate, and at the end; (B) evaluate the factors that contributed the Committee on Energy and Commerce and ‘‘(ii) in subparagraph (B), by striking the to the closing of the approximately 700 mam- the Committee on Appropriations of the period and inserting ‘; and’; and mography facilities nationwide since 2001, House of Representatives. ‘‘(iii) by adding at the end the following: whether those closings were due to consoli- (3) FUNDING.—Of the amounts appropriated ‘(C) one or more categories of aliens who dation or were a true reduction in mammog- under this title to the Office of the Secretary are or were nationals and residents of the Is- raphy availability, explore the relationship of Health and Human Services for general de- lamic Republic or Iran who, as members of a between certified units and facility capacity, partmental management, $500,000 shall be religious minority in Iran, share common and evaluate capacity issues, and determine made available to carry out the study under characteristics that identify them as targets the effect these and other closings have had this subsection. of persecution in that state on account of on the accessibility of mammography serv- AMENDMENT NO. 1626 race, religion, nationality, membership in a ices, including for underserved populations, (Purpose: To provide funds for the conduct of particular social group, or political opin- since the April 2002 General Accounting Of- ion.’; and’’. fice report on access to mammography; and a grant program to strengthen local capac- (C) evaluate the role of States in acting as ity on Native American reservations to AMENDMENT NO. 1631 accreditation bodies or certification bodies, screen for and treat sexually transmitted (Purpose: To authorize funding for the Dan- or both, in addition to inspection agents diseases) iel Patrick Moynihan Global Affairs Insti- under the MQSA, and in acting as accredita- At the appropriate place in title II, insert tute Act) tion bodies for facilities in other States and the following: At the appropriate place, insert the fol- determine whether and how these roles af- SEC. ll. (a) FINDINGS.—The Senate finds lowing: fect the system of checks and balances with- that— DANIEL PATRICK MOYNIHAN GLOBAL AFFAIRS in the MQSA. (1) Native American populations have seen INSTITUTE (2) REPORT.—Not later than 16 months an alarming increase in sexually transmitted after the date of enactment of this Act, the disease prevalence in recent years; and SEC. ll. (a) DEFINITIONS.—In this section: Comptroller General of the United States (2) a screening, treatment, and education (1) ENDOWMENT FUND.—The term ‘‘endow- shall submit to the Committee on Health, program, administered by tribal health orga- ment fund’’ means a fund established by the Education, Labor, and Pensions and the nizations or local health care providers, on Maxwell School of Citizenship and Public Af- Committee on Appropriations of the Senate Native American reservations with high fairs of the Syracuse University in Syracuse, and the Committee on Energy and Commerce rates of sexually transmitted diseases will New York, for the purpose of generating in- and the Committee on Appropriations of the help prevent a corresponding increase in the come for the support of the School and other House of Representatives a report on the prevalence of HIV. purposes as described in subsection (d). (2) SCHOOL.—The term ‘‘School’’ means the study described in paragraph (1). (b) GRANT PROGRAM.—From amounts ap- (b) STUDY BY THE INSTITUTE OF MEDICINE.— propriated under this title for the Centers Maxwell School of Citizenship and Public Af- (1) IN GENERAL.—Not later than 30 days for Disease Control and Prevention, there fairs of the Syracuse University in Syracuse, after the date of enactment of this Act, the may be made available up to $1,000,000 to en- New York. Secretary of Health and Human Services able the Director of the Centers for Disease (3) SECRETARY.—The term ‘‘Secretary’’ shall enter into an agreement with the Insti- Control and Prevention to carry out com- means the Secretary of Education. tute of Medicine of the National Academy of petitive grant program to strengthen local (4) UNIVERSITY.—The term ‘‘University’’ Sciences for the conduct of a study and the capacity on Native American reservations to means the Syracuse University in Syracuse, making of recommendations regarding the screen for and treat sexually transmitted New York. (b) DANIEL PATRICK MOYNIHAN GLOBAL AF- following: diseases and to educate local populations FAIRS INSTITUTE.— (A) Ways to improve physicians’ interpre- about such diseases, the consequences there- (1) REDESIGNATION.—To be eligible for a tations of mammograms, including ap- of, and how the transmission of such diseases grant under subsection (c), the University proaches that could be taken under the can be prevented. MQSA without negatively impacting access shall designate the global affairs institute to quality mammography. AMENDMENT NO. 1627 within the Maxwell School of Citizenship and (B) What changes could be made in the (Purpose: To provide funding for newborn Public Affairs of the University as the ‘‘Dan- MQSA to improve mammography quality, and child screening for heritable disorders) iel Patrick Moynihan Global Affairs Insti- including additional regulatory require- On page 61, between lines 14 and 15, insert tute’’. ments that would improve quality, as well as the following: (2) REFERENCES.—Any reference in a law, the reduction or modification of regulatory SEC. ll. In addition to any amounts oth- map, regulation, paper, or other record to requirements that do not contribute to qual- erwise appropriated under this Act for the the global affairs institute within the Max- ity mammography, or are no longer nec- support of the improved newborn and child well School of Citizenship and Public Affairs essary to ensure quality mammography. screening for heritable disorders program au- of the University, shall be deemed to be a Such reduction or modification of regulatory thorized under section 1109 of the Public reference to the Daniel Patrick Moynihan requirements and improvements in the effi- Health Service Act (42 U.S.C. 300b–8), there Global Affairs Institute. ciency of the program are important to help may be appropriated up to an additional (c) GRANT FOR ENDOWMENT FUND.—From eliminate disincentives to enter or remain in $2,000,000 to carry out such program. amounts appropriated under subsection (f), the field of mammography. the Secretary may award a grant to the Uni- AMENDMENT NO. 1628 (C) Ways, including incentives, to ensure versity for the establishment of an endow- that sufficient numbers of adequately (Purpose: To provide funding for the mass ment fund to support the Daniel Patrick trained personnel at all levels are recruited layoff statistics program) Moynihan Global Affairs Institute. and retained to provide quality mammog- On page 18, line 14, strike ‘‘$440,113,000’’ and (d) DUTIES.—Amounts received under a raphy services. insert ‘‘$445,113,000’’. grant under subsection (c), shall be used to— (D)(i) How data currently collected under On page 18, line 17, insert before the period (1) carry on the public and intellectual tra- the MQSA could be used to improve the qual- the following: ‘‘, of which $5,000,000 may be dition of Senator Daniel Patrick Moynihan;

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(2) sustain all of the core activities of the of the fiscal year, to submit to Congress a re- AMENDMENT NO. 1636 School; port on the amount of acquisitions made by (Purpose: To provide additional funding to (3) fund the residencies of visiting scholars the Department of Health and Human Serv- the Office of Minority Health to conduct a and international leaders; ices during such fiscal year of articles, mate- demonstration project to reduce SIDS dis- (4) support scholarship, training, and prac- rials, or supplies that were manufactured parity rates) tice in countries that are often the most im- outside the United States. Such report shall At the appropriate place in title II, insert poverished economically, institutionally, separately indicate the dollar value of any the following: and civically; articles, materials, or supplies purchased by SEC. ll. (a) FINDINGS.—The Senate finds (5) support partnerships with governments the Department of Health and Human Serv- that— and other relevant entities around the world ices that were manufactured outside the (1) a recent Aberdeen Area Indian Health to train government officials both at the United States, an itemized list of all waivers Service infant mortality study identified School and in their home countries; and under the Buy American Act (41 U.S.C. 10a et protective and risk factors associated with (6) expand the facilities of the School. seq.) that were granted with respect to such Sudden Infant Death Syndrome (referred to (e) MISCELLANEOUS PROVISIONS RELATING articles, materials, or supplies, and a sum- in this section as ‘‘SIDS’’); TO THE ENDOWMENT FUND.— mary of total procurement funds spent on (2) several conclusions from the study sug- (1) MANAGEMENT.—The endowment fund es- goods manufactured in the United States gest courses of action to reduce the inci- tablished under subsection (c) shall be man- versus funds spent on goods manufactured dence of SIDS among Native American and aged in accordance with the standard endow- outside of the United States. The Secretary other high-incidence populations; ment policies established by the University. of Health and Human Services shall make (3) the study noted that alcohol consump- (2) USE OF INTEREST AND INVESTMENT IN- the report publicly available by posting the tion by women of childbearing age (espe- COME.—Interest and other investment in- report on an Internet website.’’. cially during pregnancy), maternal and envi- come earned from the endowment fund may ronmental tobacco exposure during preg- On page 74, line 4, strike ‘‘Washington, be used to carry out the duties under sub- nancy, and pregnancy by women under the section (d). D.C.’’ and insert ‘‘Washington, D.C.: Pro- age of 20 increase the risk for SIDS; (3) DISTRIBUTION OF INTEREST AND INVEST- vided, That of this amount, sufficient funds (4) in 2000, for infants of African American MENT INCOME.—Funds derived from the inter- shall be available for the Secretary of Edu- mothers, the SIDS death rate was 2.4 times est and other investment income earned cation, not later than 60 days after the last that for non-Hispanic white mothers; from the endowment fund shall be available day of the fiscal year, to submit to Congress (5) nationwide, SIDS rates for infants of for expenditure by the University for pur- a report on the amount of acquisitions made Native American mothers were 2.6 times poses consistent with subsection (d). by the Department of Education during such those of non-Hispanic white mothers; and (f) AUTHORIZATION OF APPROPRIATIONS.— fiscal year of articles, materials, or supplies (6) the Office of Minority Health of the De- There is authorized to be appropriated to that were manufactured outside the United partment of Health and Human Services has carry out this section, $10,000,000 to remain States. Such report shall separately indicate the expertise to coordinate SIDS disparity available until expended. the dollar value of any articles, materials, or reduction efforts across the Department of AMENDMENT NO. 1632 supplies purchased by the Department of Health and Human Services. (Purpose: To require the Centers for Disease Education that were manufactured outside (b) INCREASE IN FUNDING.—In addition to Control and Prevention to prepare a com- the United States, an itemized list of all any amounts otherwise appropriated in this prehensive plan to address blood safety and waivers under the Buy American Act (41 Act to carry out activities to reduce Sudden injection safety in Africa under the Global U.S.C. 10a et seq.) that were granted with re- Infant Death Syndrome disparity rates, AIDS Program) spect to such articles, materials, or supplies, there may be appropriated up to an addi- On page 61, between lines 14 and 15, insert and a summary of total procurement funds tional $2,000,000 to enable the Director of the the following: spent on goods manufactured in the United Office of Minority Health of the Department SEC. ll. Not later than 120 days after the States versus funds spent on goods manufac- of Health and Human Services to carry out a date of enactment of this Act, the Director tured outside of the United States. The Sec- demonstration project, in coordination with of the Centers for Disease Control and Pre- retary of Education shall make the report the Administrator of the Health Resources vention shall prepare a plan to comprehen- publicly available by posting the report on and Services Administration, the Director of sively address blood safety and injection an Internet website.’’. the National Institutes of Health, the Direc- safety in Africa under the Global AIDS Pro- tor of the Indian Health Services, the Ad- AMENDMENT NO. 1634 gram. ministrator of the Center for Medicare & Medicaid Services, the Director of the Cen- AMENDMENT NO. 1633 (Purpose: To provide for the accurate and timely processing of medicare claims) ters for Disease Control and Prevention, and (Purpose: To require the Secretary of Labor, the heads of other agencies within the De- the Secretary of Health and Human Serv- On page 41, insert the following before the partment of Health and Human Services (as ices, and the Secretary of Education to re- period on line 9: ‘‘: Provided further, that to appropriate), to reduce Sudden Infant Death port to Congress on acquisitions made by the extent Medicare claims processing unit Syndrome disparity rates, and to provide each Department of articles, materials, or costs are projected by the Centers for Medi- risk reduction education to African Amer- supplies manufactured outside the United care & Medicaid Services to exceed $0.87 for ican and Native American populations in the States) Part A claims and/or $0.65 for Part B claims, United States, including efforts to reduce al- On page 20, line 19, strike the period at the up to an additional $18,000,000 may be avail- cohol use by pregnant women, support for end and insert ‘‘: Provided further, That of able for obligation for every $0.04 increase in smoking cessation (maternal and second- this amount, sufficient funds shall be avail- Medicare claims processing unit costs from hand) programs, and education of teenagers able for the Secretary of Labor, not later the Federal Hospital Insurance and the Fed- on the risk factors for Sudden Infant Death than 60 days after the last day of the fiscal eral Supplementary Medical Insurance Trust Syndrome associated with teenage preg- year, to submit to Congress a report on the Funds. The calculation of projected unit nancy within African American and Native amount of acquisitions made by the Depart- costs shall be derived in the same manner in American communities. ment of Labor during such fiscal year of arti- which the estimated unit costs were cal- (c) SENSE OF THE SENATE.—It is the sense cles, materials, or supplies that were manu- culated for the Federal budget estimate for of the Senate that in carrying out the dem- factured outside the United States. Such re- the fiscal year.’’. onstration project under subsection (b), the port shall separately indicate the dollar Director of the Office of Minority Health is value of any articles, materials, or supplies AMENDMENT NO. 1635 encouraged to— purchased by the Department of Labor that (1) expand upon the similar pilot program On page 61, between lines 14 and 15, insert were manufactured outside the United for Native Americans that was funded by the the following: States, an itemized list of all waivers under Office of Minority Health; and the Buy American Act (41 U.S.C. 10a et seq.) SEC. ll. In addition to any amounts oth- (2) coordinate with the Administrator of that were granted with respect to such arti- erwise appropriated under this Act to carry the Health Resources and Services Adminis- cles, materials, or supplies, and a summary out activities under the Child Abuse Preven- tration, the Director of the Centers for Dis- of total procurement funds spent on goods tion and Treatment Act (42 U.S.C. 5101 et ease Control and Prevention, the Director of manufactured in the United States versus seq.), there are appropriated— the National Institutes of Health, the Direc- funds spent on goods manufactured outside (1) up to an additional $143,000 may be used tor of the Indian Health Services, the Ad- of the United States. The Secretary of Labor to carry out activities under title I of such ministrator of the Center for Medicare & shall make the report publicly available by Act (child abuse State grants); Medicaid Services, and the heads of other posting the report on an Internet website. (2) up to an additional $212,000 may be used agencies within the Department of Health On page 49, line 21, strike the period and to carry out activities under title II of such and Human Services (as appropriate) to sup- insert ‘‘: Provided further, That of this Act (community-based resource centers); and port activities to reduce alcohol use by preg- amount, sufficient funds shall be available (3) up to an additional $2,100,000 may be nant women, support smoking cessation (ma- for the Secretary of Health and Human Serv- used for child abuse discretionary grants ternal and secondhand), and educate teen- ices, not later than 60 days after the last day under such Act. agers on the risk factors for SIDS associated

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.078 S10PT2 S11324 CONGRESSIONAL RECORD — SENATE September 10, 2003 with teenage pregnancy within the African AMENDMENT NO. 1643 cation, which was level funded in the American and Native American commu- (Purpose: To provide an additional offset for committee mark, and $1 million for the nities. increased spending) College Assistance Migrant Program, AMENDMENT NO. 1637 At the appropriate place in Section 515(a): which the committee cut from last (Purpose: To provide funds for programs on Increase the amount by $37,455,000. year’s level. These programs help to community automatic external AMENDMENT NO. 1644 identify migrant students, provide defibrillators) (Purpose: To provide for the issuance of rules health services, and provide counseling At the appropriate place in title II, insert relating to Personal Dust Monitor proto- and other assistance for migrants who types) the following: have dropped out of high school. In ad- SEC. ll. (a) AUTOMATIC EXTERNAL On page 23, between lines 15 and 16, insert the following: dition, the amendment includes $11 DEFIBRILLATORS.—There may be appro- million for the High School Equiva- priated up to, $2,000,000 to fund programs on SEC. ll. (a) FINDINGS.—Congress finds community automatic external defibrillators that— lency Program, $12.8 million for Local under section 312 of the Public Health Serv- (1) it is projected that the Department of Family Information Centers, and $69 ice Act (42 U.S.C. 244). Labor, in conjunction with labor, industry, million for Head Start Migrant and and the National Institute for Occupational AMENDMENT NO. 1638 Seasonal Programs. Safety and Health, will be undertaking sev- I commend the Senator from Nevada (Purpose: To require the Department of eral months of testing on Personal Dust for offering this amendment, and urge Labor to cease the implementation of clos- Monitor production prototypes; and ing procedures for the Department of (2) the testing of Personal Dust Monitor my colleagues to support it. This is an Labor Employment and Training Adminis- prototypes is set to begin (by late May or investment in our Nation’s future. The tration regional office in New York City, early June of 2004) following the scheduled academic achievement gap between New York, and the Employment and Train- delivery of the Personal Dust Monitors in Latino students and the remaining stu- ing Administration affiliate offices in Se- May 2004. dent population is a national disgrace. attle, Washington, Kansas City, Missouri, (b) RE-PROPOSAL OF RULE.—Following the I am informed that approximately one- and Denver, Colorado until September 30, successful demonstration of Personal Dust third of new workers are Latino. Let us 2004) Monitor technology, and if the Secretary of work together to invest in these youth, At the end of title I, insert the following: Labor makes a determination that Personal Dust Monitors can be effectively applied in a for the benefit of the Latino commu- SEC. ll. The Department of Labor may regulatory scheme, the Secretary of Labor nity and for the benefit of our Nation. cease the implementation of closing proce- shall re-propose a rule on respirable coal Mr. BINGAMAN. Mr. President, I rise dures for the Department of Labor Employ- dust which incorporates the use of Personal ment and Training Administration regional today to urge my fellow Senators to Dust Monitors, and, if such rule is re-pro- office in New York City, New York, and the support this very important amend- posed, the Secretary shall comply with the Employment and Training Administration ment. This amendment would invest an regular procedures applicable to Federal affiliate offices in Seattle, Washington, Kan- rulemaking. additional $190 million in our Nation’s sas City, Missouri, and Denver, Colorado future, by strengthening seven pro- until September 30, 2004. AMENDMENT TO NO. 1603, AS MODIFIED Mr. LIEBERMAN. Mr. President, I grams: The High School Equivalency AMENDMENT NO. 1639 rise, as a cosponsor, to express my sup- Program, HEP; The College Assistance (Purpose: To provide additional funding for port for the amendment offered by my Migrant Program, CAMP; migrant edu- the purchase of automatic external distinguished colleague from Nevada, cation; local family information cen- defibrillators and the training of individ- ters; bilingual education; Hispanic uals in cardiac life support in rural areas) Mr. REID, to provide funding for a num- ber of programs critical to Hispanic serving institutions, HSIs; and Head On page 61, between lines 14 and 15 insert Start for children of migrant workers. the following: children around the Nation. Clearly, the programs identified in this amend- If we do no pass this amendment, SEC. ll. From the amounts appropriated funding for the High School Equiva- under the heading OFFICE OF THE SECRETARY, ment are vital to improving edu- cational outcomes for Hispanic stu- lency Program will be cut by 43 per- GENERAL DEPARTMENTAL MANAGEMENT there cent. This program provides academic may be made available an additional dents. $2,000,000 to the Health Resources and Serv- As a nation we have made a commit- instruction, counseling, computer as- ices Administration for the purchase of auto- ment to leave no child behind. Yet, too sisted teaching, career awareness to matic external defibrillators and the train- often, the needs of Hispanic children migrant students studying for the ing of individuals in cardiac life support in are overlooked, and Hispanic children GED, as well as assistance with college rural areas. are left behind. The U.S. Census Bu- admissions and job placement. AMENDMENT NO. 1640 reau recently indicated that Hispanics If this amendment is not passed, 23 (Purpose: To allow continued funding of the are the largest minority group in the program slots will be eliminated due to Council on Graduate Medical Education) country. The fact is, however, they the lack of funding. Currently, these 23 On page 61, between lines 14 and 15, insert often are among the most education- slots are filled by some of the oldest the following: ally disadvantaged students in the and best performing projects in the ‘‘SEC. . Notwithstanding any other provi- country. Hispanic students are less HEP program, some of which have been sions of law, funds made available under this likely to complete high school and to providing services for 30 years. As a heading may be used to continue operating enroll in or graduate from college. whole, 73 percent of their students re- the Council on Graduate Medical Education The amendment before us will help to ceived GEDs, and no less than three of established by Section 301 of Public Law 102– the programs have had consecutive 408. address these issues in several ways. It includes $85 million for title III lan- years of 100 percent of their students AMENDMENT NO. 1641 guage instruction. Under this program, receiving their GEDs. All of these pro- (Purpose: To re-allocate funds within the State and local schools implement pro- grams are up for renewal as well as CDC construction account and other pur- grams that help limited English-pro- competition for these slots with other poses) ficient students learn English and keep programs. On page 28, line 6, strike ‘‘$250,000,000’’ and up with their schoolwork. The Senate One of the 23 programs that faces insert ‘‘$260,000,000’’ in lieu thereof. On page mark actually cuts this program from elimination is in my own State of New 28, line 5, insert after ‘‘; and’’ the following: Mexico at the Northern New Mexico ‘‘purchase,’’ last year’s level of $685 million. This is unacceptable. For Hispanic serving in- Community College. Other States in AMENDMENT NO. 1642 stitutions, the Senate bill provides a which programs are at risk of not being (Purpose: To provide funding for the rural small but inadequate increase above renewed due to the lack of funding in- emergency medical service training and clude Pennsylvania, Texas, Idaho, Mis- equipment assistance program) last year’s level. This amendment in- cludes $6.4 million in urgently needed sissippi, Colorado, Florida, Oregon, On page 27, line 2, insert before the period funds for HSIs, which continue to re- Tennessee, Washington, Wisconsin and the following: ‘‘: Provided further, That up to $15,000,000 may be made available to carry ceive significantly less Federal funding California. out the rural emergency medical service per student then other degree-granting A second program whose funding has training and equipment assistance program institutions. been cut is the College Assistance Mi- under section 330J of the Public Health Serv- My colleague’s amendment also in- grant Program or CAMP. CAMP re- ice Act (42 U.S.C. 254c-15)’’. cludes $4.6 million for migrant edu- cruits talented migrant high school

VerDate jul 14 2003 01:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.084 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11325 graduates and GED recipients, who as- agencies in order to ensure that as greater resources are needed to provide pire to a postsecondary education but many of the 4.6 million children with these essential services. This amend- lack adequate resources. CAMP assists limited English skills as possible learn ment requests an additional $69 million students in their first year of college English, develop high levels of aca- for Migrant and Seasonal Head Start. with personal and academic counseling, demic attainment, and meet the same We must do everything we can to mentoring, and stipends. challenging State academic standards provide every child with the best edu- Before the Federal Government cre- as all children. cation we can. I urge my fellow Sen- ated CAMP programs, there was no Title III is a formula grant program ators to support these greatly needed record of a migrant child having com- that distributes funding to all 50 States programs by providing them with the pleted college. Since their inceptions, based on the number of limited English proper resources. both HEP and CAMP have achieved proficient, LEP, and recent immigrant Mrs. CLINTON. Mr. President, I rise stunning success rates. For the students. The funds are used for devel- today in support of the Reid Hispanic projects that received 5-year grants in oping effective language acquisition educational opportunities amendment. 1999, 72 percent of the HEP participants programs; training for bilingual/ESL My Democratic colleagues and I have have received their GEDs while over 80 teachers and regular teachers and edu- held roundtables with Hispanic leaders percent of the CAMP students have cational personnel; parent involve- across the Nation and members of the successfully completed their first year ment; and providing services for re- Congressional Hispanic Caucus that of college. Over the history of the pro- cently arrived immigrant students. have allowed us to share ideas and de- gram, nearly three-quarters of all This amendment would restore the velop an agenda that addresses the CAMP students received baccalaureate $20.5 million cut in the current legisla- degrees. issues that matter most to the His- tion and increase funds by an addi- panic community. The existing 102 HEP and CAMP pro- tional $64.5 million. grams serve approximately 15,000 stu- We know how important education is Currently, 35 percent of Hispanics are to Hispanics and will continue to en- dents in 25 States and Puerto Rico. under the age of 18. The Educational Many areas of the country have no ac- sure that it remains a top priority for Testing Service has projected the U.S. the Democratic caucus. cess to the programs at all. Based on higher education system will grow by the Department of Education’s esti- Unfortunately, the Senate Appropria- 3.5 million additional students by 2015 tions Committee-approved bill elimi- mate, of the over 750,000 school-aged and that nearly 40 percent of these new migrant children, over the next 5 years nated or significantly underfunded pro- students will be Hispanic. HSIs serve grams with a clear record of improving there will be over 170,000 migrant chil- the largest concentrations of the Na- dren who will become dropouts and eli- educational opportunities for Hispanic tion’s youngest and largest ethnic pop- children. Unless we restore and expand gible for HEP services. CAMP programs ulation. HSIs, by definition, have a will have approximately 140,000 stu- these funds, millions of Hispanic stu- full-time student enrollment that is at dents who will qualify for services. The dents will be denied the opportunity to least 25 percent Hispanic; further, at need for services far outstrips the pro- achieve the American dream. least one-half of their entire student grams’ current resources. The fact is, Latino children are enrollment is low-income. The impend- The title I Migrant Education Pro- among the most educationally dis- ing emergence of more than 100 new gram was established to provide a com- advantaged students in our Nation. HSIs, mostly in California, Texas, Flor- pensatory education program designed They have the highest dropout rate in ida, New Mexico, Illinois, in the next to deal with the difficulties encoun- the entire country, the lowest college few years and the rapid growth of the tered by children of migrant workers attendance rates, the lowest college Hispanic college-age population under- as a consequence of their mobility. graduation rates, and are more likely score the urgency for immediate, Some of these children attend three or to attend underfunded schools in low- major, and sustained increases in title four schools in a single school year. income areas. V funding. They have a need for coordination of Hispanic children make up 17 percent educational services among the States At a time when the current labor force is reaching retirement age in sub- of the total school age population in and local districts where they live, the country and recent trends indicate often for a short time. The MEP builds stantial numbers, Hispanics already represent one of every three new work- that the number of Latino children at- the support structures for migrant stu- tending our Nation’s schools is increas- dents so that they can achieve high ers joining the U.S. labor force, accord- ing to the U.S. Bureau of Labor Statis- ing. levels of success both in and outside of This amendment would help ensure school. tics. By 2025, the Bureau projects that one of two new workers joining the that millions of Latino children get the The U.S. Department of Education quality education they need and de- reports that more than 750,000 students U.S. labor force will be Hispanic. This amendment would provide an addi- serve. It would restore and expand were identified as eligible for the pro- funds to programs with a proven record gram in fiscal year 2001. Additional tional $6.4 million in assistance to these great institutions. of improving achievement among funds are needed to ensure that these Latinos. children are able to meet the chal- Migrant and Seasonal Head Start, New York’s schools serve a large and lenges mandated by the No Child Left MSHS, programs serve nearly 32,000 growing number of Latino students and Behind Act. This amendment will pro- migrant children and nearly 2,500 sea- the rate of enrollment for limited vide an additional $4,587,000 in needed sonal children annually, operating in 38 English proficient students has grown funding. States in every region of the country. The Local Family Information Cen- Migrant and Seasonal Head Start pro- by 44 percent since 1990. ters was authorized under the No Child grams were the first Head Start pro- Resources provided under title III of Left Behind Act to provide parents of grams to serve infants and toddlers. the NCLB help school districts in my title I students, including English lan- today, two-thirds of the children in the State provide English language in- guage learners, with information about program are infants and toddlers. struction to over 300,000 limited their children’s schools so that they Migrant and Seasonal Head Start was English proficient children and nearly can help their children to meet the a response to the needs of migrant fam- 120,000 immigrant children. Yet this ap- high standards we have set under ilies. In most States, local childcare re- propriations bill cuts title III of the NCLB. The Local Family Information sources are not available when mi- NCLB by $20 million. Centers also help parents to hold their grants come into a community, espe- Restoring this funding will help local and state school officials ac- cially for infants and toddlers. When States, local schools, and colleges build countable and become more involved in resources are not available, parents their capacity to teach limited English their children’s education. This amend- have no choice but to take the children proficient students effectively. ment would increase funding by $12.8 to the fields where they are exposed to This appropriations bill also provides million. pesticides, hazardous equipment, ex- inadequate funding to serve the chil- This amendment would increase treme heat and other health dangers. dren of migrant and seasonal farm- funding to State and local education This program is ever growing and so workers. Often called ‘‘children of the

VerDate jul 14 2003 01:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.086 S10PT2 S11326 CONGRESSIONAL RECORD — SENATE September 10, 2003 road,’’ these children face many obsta- We need a highly skilled workforce attle; Polo Aguilar, Grupo Mexico, Yakima; cles in their lives, including extreme to compete in this global economy and and Kevin Diaz, Attorney, Columbia Legal poverty, geographic and cultural isola- investing in the education and training Services. tion, discrimination based on race or of our Hispanic population will help HEALTHCARE PANELISTS ethnic status, language minority sta- our Nation meet this challenge. Teresa Mosqueda, Sea Mar Representative, tus, and, most important, mobility. I strongly urge my colleagues to sup- Public Health, Seattle; Kimberley Klint, Ph.D., Director of Mason Maters; Vickie Currently, only 664 of 1,177 eligible port the Hispanic educational opportu- Ybarra, Director Planning and Development, migrant children are being served in nities amendment. Yakima Farm Workers Clinic; Marisela migrant and seasonal Head Start cen- Mrs. MURRAY. Mr. President, I am Guzman, ConneX student, Toppenish; and ters across New York. proud to cosponsor the Hispanic edu- Jesus Hernandez, Lead Access Coordinator/ This amendment will take an addi- cational opportunities amendment Program Manager, Community Choice, tional 150 migrant children in New which will help address the challenges Wenatchee. York out of the fields where they are facing Hispanic students from coast to Mrs. MURRAY. I thank each of them put at risk of exposure to harmful tox- coast. for their leadership, and today I am on ins and pesticides and into quality I thank Senator REID and Senator the Senate floor supporting this head start classrooms where they can BINGAMAN for offering this amendment, amendment to help carry out the agen- receive the social, behavioral, and cog- and today I want to highlight how this da we discussed at the summit. nitive skills they need to help prepare bill will help so many people in our I can tell you that even though we them for school. communities. covered a host of topics, including eco- As they continue on their journey Just last month in Washington nomic development, civil rights and through the education pipeline, pro- State, I saw once again how important healthcare, the No. 1 topic people grams like the High School Equiva- education is to our entire state and es- talked about was education. lency Program, HEP, and College As- pecially to the Hispanic community. I was astounded to listen as leaders sistance Migrant Program, CMP, help On August 11, I had the opportunity in the community, elected school board these students beat the odds. to hold a day-long summit of Hispanic members, and city council members The HEP and CAMP programs are leaders in Yakima, WA. The turnout told me that when they were growing both very important to New York as was overwhelming. up, very few people, if any, looked at well as other states in the Northeast. In one room, we brought together them and said: ‘‘You know, you can be The HEP program helps migrant stu- Hispanic elected officials from across a success. You can pass first grade.’’ Or dents who have dropped out of high the State, along with public and pri- that, ‘‘You can go on to college, and school get their GED, and CAMP as- vate-sector leaders, on a host of issues. you can become something in this sists migrant students in their first Congressman CIRO RODRIGUEZ, the country.’’ year of college with both counseling chairman of our Congressional His- If we adopt this amendment, we will and stipends. panic Caucus, served as a cohost, and tell a generation of young students: We At the State University of New York shared his national perspective on the need you. We need you to be the next at Oneonta, Luis Gonzalez, a New issues. generation of engineers. We need you Yorker and former HEP and CAMP stu- We had also had international lead- to be the next generation of teachers. dent will be entering as a sophomore. ers, including Peruvian Consul Miguel We need you to be the next generation Luis’ experience as a migrant youth is Velasquez and Mexican Consul Jorge of C.E.O.s. Today we are missing out on an en- shared by countless other children of Madrazo. tire young population, and what they migrant and seasonal farm workers. I am especially proud that we had can give back to this country someday For Luis, it resulted in a pattern of more than a dozen panelists who in leadership, in economics, in paying repeating grades until he quit school to shared their expertise and led our dis- taxes, and in being successful members work with his father in the vineyards cussion. I publicly thank each of our panelists of the community. of Western New York. A year later, he This amendment will help knock for their time not only at the summit, learned about HEP and earned his down the barriers facing Hispanic stu- but for dedicating their lives to helping GED. He then applied to college and dents, and we must adopt it. was admitted as a freshman to SUNY the community. Many of them had to Perhaps the most disturbing thing is last year. As a CAMP student, Luis re- overcome significant barriers in their that the underlying Labor-HHS bill we ceived vital academic, social, and fi- own lives, and today they are working are debating cuts funding for critical nancial support during his first year of to knock down barriers for all His- Hispanic programs. college, the most critical year for most panics. Their participation that day That is why we need this amendment first-generation college students. Luis was just one example of the leadership to stop those cuts and provide funding now mentors other HEP students, is a they show every day of the year. for critical services like extra help member of the AmeriCorps program Mr. President, I ask unanimous con- with preschool, English language ac- and has maintained a cumulative GPA sent to print the names of the panelists quisition, tutoring, mentoring, and fi- of 3.04. in the RECORD. nancial aid. Securing additional resources for There being no objection, the mate- I want to highlight how this amend- HEP and CAMP will help ensure the rial was ordered to be printed in the ment will help in areas like Headstart, dreams of students like Luis become RECORD, as follows: migrant education, and language reality. EDUCATION PANELISTS skills. Many Hispanic students like Luis Miguel Puente, CAMP Director at Heritage One program that I have seen bring choose to move on to Hispanic serving College, Toppenish; Ricardo Sanchez, LEAP help—and hope—to families for decades institutions, HSIs. These schools, in- Director, Seattle; Armondo Mungia, student is Head Start. This amendment will ex- cluding New York’s 12 HSIs, serve a at Eastern Washington University, Cheney; pand access to Head Start programs for large and growing number of Hispanic and Elizabeth Padilla Flynn, Pasco School District. migrant and seasonal working families. students. By supporting these institu- Migrant and seasonal farmworkers tions we are recognizing the large con- ECONOMIC DEVELOPMENT PANELISTS work hard every day so that you and I tribution they make to increasing ac- Luz Bazan Gutlerrez, President & CEO, can put affordable food on our tables. cess to higher education. Rural Community Development Resources, It is a good deal for us, but most of Yakima; Veronica Yzquierdo, Executive Di- Failure to increase funding for these rector, Pasco Downtown Development Asso- those families earn less than $10,000 a programs will not only hurt individual ciation; Jesse Farias, Employment and Secu- year. Many of their children pay a Hispanic children. Unless we provide rity, Wapato; and Gilberto Alaniz, State Di- price beyond poverty. Latino children today with the edu- rector, Opportunities Industrialization Cen- When families don’t have access to cation they need to learn the skills ter. child care, they are forced to take their necessary for a wide range of jobs, we CIVIL RIGHTS PANELISTS children into the fields with them, ex- risk having a shortage of qualified Lupe Gamboa, United Farm Workers; Ro- posing them to equipment and other workers in the future. berto Maestas, El Centro de La Raza, Se- hazards.

VerDate jul 14 2003 01:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.090 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11327 Migrant and Seasonal Head Start Currently, funding for the 102 HEP offer an amendment to increase the programs meet the needs of these fami- and CAMP projects can serve only level of funding for the Special Volun- lies, keeping their children safe while 15,000 students, a small fraction of teers for Homeland Security program preparing them for school. those who desperately need help. The with the Corporation for National and Nationwide, 60 percent of children Department of Education has esti- Community Service. I am requesting are being served by Head Start, but for mated there are now over 750,000 that we raise our level of funding by $5 migrant children, it is just 19 percent school-aged migrant children. million, to bring the total level of and for children of seasonal workers, it Since migrant children have the funding to $10 million, which is what is just 2 percent. That is unacceptable. highest dropout rate in the Nation, the program was funded at last year. This amendment will boost the fund- with nearly 60 percent failing to com- The administration requested a total of ing so we give more children of mi- plete high school, that means that over $15 million for this program this year. grant and seasonal workers a place in the next 5 years, 170,000 of these chil- We are simply proposing to restore one Head Start so they can start school dren will drop out of school and be eli- half of the additional money the Presi- ready to learn. gible for HEP services. dent requested. This issue is of enough This amendment does more than just Over the next 5 years, 140,000 stu- importance to the administration as it increase funding to serve more chil- dents will become eligible for CAMP was included in their Statement of Ad- dren. It also makes sure that vulner- services. ministrative Policy. able children are not cut off from the It makes no sense for this bill to take The amendment Senator BAYH and I help they are counting on. away funding when so many students propose restores important money to The President’s budget request need help. the Special Volunteers for Homeland slashed funding for the High School Another area where our country can- Security program, a critical compo- Equivalency Program, HEP, by 43 per- not afford to make the cuts in this ap- nent on national service. This amend- cent. propriations bill is in the English Lan- ment increases the funding for this The appropriations bill before the guage Acquisition program. This bill program by $5 million to be more in Senate implements the President’s cut, cuts the program by $20 million. That line with the amount requested in the President’s 2004 Budget. with a $10 million cut to HEP. It also is unacceptable. We live in a time of heightened secu- This amendment would restore that cuts funding for the College Assistance rity where terror alerts have become funding. Migrant Program, CAMP, by $400,000. an unfortunate reality. It is sobering It will also increase support for lim- The funding cuts in the HEP program to realize that the chances are strong ited English proficient, LEP, students would eliminate the 23 oldest and best that we will face another terrorist at- performing projects in the program, to $750 million. tack in the future. In addition to de- The number of LEP students has al- two of which are in Washington State. voting considerable resources to fight- I have met with the leaders of HEP most doubled over the past decade. It ing terror at home and abroad, we need and CAMP programs in Washington has increased at nearly eight times the to devote significant resources to pre- state. They are doing critical work at rate of total student enrollment. The paring our domestic response to any fu- Heritage College and Washington State teachers who are serving those stu- ture attack. We would be failing in our University HEP programs. dents could use more preparation to responsibilities if we do not adequately HEP provides education and coun- teach students with limited English prepare for the next attack. The reali- seling services to migrant students proficiency. ties of the world in which we live who have dropped out of high school so This amendment will help provide today, require us to educate and pre- they can pass the GED examination. title III dollars so that these teachers pare the public about terrorism and Some of the 23 projects that could be can receive ongoing professional devel- disasters. These volunteers are an ex- closed down have been providing serv- opment. tremely effective way to achieve our ices for 30 years. The Reid-Bingaman amendment will mission. We need to be fully funding As a whole, 73 percent of their stu- help students overcome barriers at al- these programs. dents received GEDs, an amazing suc- most every level of school. For a number of years, Senator BAYH cess rate for a population of students Congress has a proud tradition of en- and I have been working together to in- who have already dropped out of suring that our most disadvantaged crease opportunities for service in the school. kids get a shot at the American dream. United States. We have introduced leg- The CAMP program is also critical. It is what we did when we passed title islation, the Call to Service Act, in the It recruits talented migrant high I of the Elementary and Secondary last two Congresses that would in- school and GED graduates, who want Education Act. It is what we did when crease volunteer opportunities with to go on to college, but don’t have the we created Head Start. And it is what AmeriCorps. We have also worked to- resources. These programs introduce we did when we started giving out Pell gether successfully to create a short- parents and students to campus during Grants. term enlistment program for our mili- the summer before their freshman We need to carry on that tradition tary. One of the fundamental aspects year. It helps those students in their today, not out of charity, but because to any expansion of service opportuni- first year of college with personal and we recognize that these children are ties must be to increase the number of academic counseling, mentoring, and our bridge to a successful future. volunteers in homeland security stipends. I urge my colleagues to vote for this projects. Our legislation specifically Before we created CAMP programs, amendment and give Hispanic students calls for more volunteers to perform there was no record of a migrant child in Washington State and around the homeland security function. Service having completed college. country a change at the American programs such as the one in this Since then, nearly three-quarters of dream and a better life. amendment provide an important re- all CAMP students have graduated AMENDMENT NO. 1629 sources in preparing our Nation to re- with baccalaureate degrees. Without Mr. MCCAIN. Mr. President, I rise spond to a range of emergencies by pro- HEP and CAMP, access to college today with my friend from Indiana to viding people who can serve in impor- would be out of reach for the vast ma- offer an amendment to the fiscal year tant capacities such as fighting forest jority of migrant students. 2004 Labor-HHS Appropriations Act. I fires, disaster relief, and working in The funding levels in this bill ignore would like to thank Senator SPECTER hospital emergency rooms. the amazing successes we have had and Senator HARKIN for their support I would like to share some examples through HEP and CAMP. for this amendment. of the works these volunteers do in the Because migrant children move I usually come down to the Senate various states and country. Currently, around, they don’t have a local school, floor to criticize the amount of there are 17 programs that received a school district, or even a State that unrequested spending in appropriations money during the second year of this is responsible for their education. We bills. Not often do I propose an increase program. The grantees are a diverse need to keep this safety net at the Fed- in spending for a specific program. group and are spread across the coun- eral level. However, today, I feel obligated to try from Alaska to Florida. Important

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.121 S10PT2 S11328 CONGRESSIONAL RECORD — SENATE September 10, 2003 groups such as Volunteer Florida, the Mine Act. The anguish caused by the MSHA’s effectiveness, it ignores a se- American Red Cross of Greater New Farmington disaster was expressed in ries of accidents and near-fatalities York and the Housing Authority of the the statement of findings and purpose that have occurred since last year in City of Milwaukee are all grantees of that legislation: Kentucky, Illinois, Pennsylvania, and under this program. . . . the first priority and concern of all in West Virginia. Last year’s QueCreek In the first year of the program, 350 the coal mining industry must be the health accident alone endangered 18 miners, volunteers with the Municipality of and safety of its most precious resource—the and, had it swung the other way, which Anchorage, Alaska were able to deliver miner. it easily could have, the rate of re- training to help homebound seniors In addition to a comprehensive safety corded fatalities would have increased. and help 4,500 disabled residents of An- enforcement regime, the 1969 Mine Act This year’s fatality rate continues to chorage prepare to respond to a dis- mandated limits on the coal dust levels move higher, with 10 fatalities recorded aster. to which miners could be exposed. The in the last 3 months in Virginia, Ken- In Oklahoma, volunteers with the Congress’ goal was to protect miners tucky, Indiana, Alabama, Pennsyl- city of Tulsa developed a citywide vol- from Coal Workers’ Pneumoconiosis, or vania, and West Virginia. And now unteer disaster mobilization plan. Vol- Black Lung—a disease that results MSHA has proposed a rule to scale unteers helped to educate the general from coal dust particles accumulating back protections against black lung. public by distributing a family pre- in the lungs, scarring the tissue. It is a In doing so, MSHA is undermining its paredness guide provided with informa- progressive, terminal disease that is ir- own credibility. Contrary to past tion how to prepare for disasters. The reversible. years, miners now view MSHA as an volunteers convened meetings that in- It is not known how many miners extension of an administration that cluded information on bioterrorism re- died from black lung disease prior to does not understand the dangers which sponse by local health departments and 1969, but since that time, even with the coal miners must confront every day. established safe and secure teams stricter standards mandated by Con- That is the only way to explain how throughout the community to serve as gress, over 106,000 miners have been di- MSHA can support a coal enforcement trained resources. agnosed with the disease, with the Fed- budget that clearly does not provide I could go on at length about the eral Government receiving 5,000 new MSHA with the resources it needs to good things these programs accom- claims for black lung benefits each properly inspect our nation’s mines. plish. year. That is the only way to explain why Increasing the Special Volunteers for Last March, the Mine Safety and MSHA would propose a rule that rolls Homeland Security program is con- Health Administration proposed new back miner protections against black sistent with our overall need to in- rules to implement the 1969 Mine Act lung. crease opportunities for Americans to with regard to coal dust levels, and the And to make matters worse, the serve their country. We need to in- outcry in opposition to those rules was media reports that a conflict of inter- crease spending for funding for all vol- almost deafening. Newspapers from est may have existed when those rules unteer programs. Internationally, in- The Courier-Journal and Lexington were developed and proposed earlier creasing programs such as the Peace Herald of Kentucky, to The Charleston this year. The Charleston Gazette re- Corps are important in spreading Gazette of West Virginia have de- ported last May that MSHA Secretary American ideals and values. Domesti- scribed these rules as David Lauriski, on several occasions, cally, programs such as AmeriCorps impractical . . . ill-advised . . . [an] assault petitioned MSHA to make the same need to be expanded to provide services on workers’ health and safety . . . a cam- change in its rules that he is now advo- and assistance to those in need. Any paign that would bring back black lung. cating when he was a lobbyist for En- expansion of AmeriCorps and domestic Rallies have been organized in Penn- ergy West. The Inspector General of volunteer opportunities would be an sylvania and West Virginia—all in op- the Labor Department has already excellent opportunity to increase vol- position to what experts describe as a been asked to investigate this conflict unteer positions in the area of home- roll back in the protections mandated of interest. land security. by Congress in 1969 to prevent black At the very least, there is something Once again, I thank my colleagues lung. highly questionable about how these from Pennsylvania and Iowa for their These are seriously flawed rules that rules were developed and what effect work on this important piece of legisla- would undercut long-running efforts to they will have on the miners of our tion. I look forward to continuing my improve the working conditions of our states. The Congress has a responsi- work with Senator BAYH and the rest nation’s miners. Under the proposed bility to our nation’s coal miners to of my colleagues in the Senate to in- rules, the levels of coal mine dust per- seek certain assurances from the Fed- crease national service opportunities. mitted in the mine environment re- eral regulators before these rules are AMENDMENT NO. 1644 portedly would increase well beyond put into place. We have a duty to our Mr. BYRD. Mr. President, it was 35 what was mandated in the 1969 Mine constituents to ensure that rule years ago, at 5:30 a.m. on November 20, Act. That is a giant leap backward in changes such as these are implemented 1968, that a gas and dust explosion oc- the nation’s work to protect the health appropriately. curred at Consul No. 9 coal mine near of miners. I had intended to offer an amendment Farmington WV. The force of the ex- And these proposed rules constitute to prevent the implementation of the plosion rippled through the west side of only one in a series of proposals by the dust rules proposed by MSHA, until the the mine, igniting mine fires and addi- Mine Safety and Health Administra- Congress could be sure of their con- tional explosions, blocking exits and tion that are serving to erode the trust sequences. After discussing this matter shutting down escape routes. Large of miners in the one agency of the Fed- with Senator SPECTER, the National amounts of smoke, varying in color eral Government charged with pro- Mining Association, and the United from black, gray, white, and yellow ex- tecting their health and safety. Mine Workers, I have decided not to hausted from the air shafts, with major Last January, an air shaft explosion offer that amendment for the time explosions shooting flames over 100 feet killed three workers at the McElroy being. into the air. After 10 days, the search Mine in Cameron, WV. Later it was de- Instead, I will support the amend- and rescue operation was halted and termined that MSHA had failed to ment offered by Senator SPECTER, the air shafts were sealed to put out properly inspect that mine. One news which would require the Labor Sec- the underground fires. Of the 99 miners journal reported that, according to retary to report a new rule that incor- underground at the time of the blast, MSHA records, between December 2001 porates the use of real-time dust mon- the explosion took the lives of 78 coal and January 2003, when the McElroy itors, assuming that those monitors miners, 19 of whom are still entombed mine should have had six surface in- are tested successfully in the coming underground. spections, it had been inspected only months. In response, the Congress passed the once—just once. However, it is important that the most comprehensive mine health and While this administration touts a low Mine Safety and Health Administra- safety legislation to date—the 1969 coal mine fatality rate as proof of tion understand that this language is

VerDate jul 14 2003 01:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.092 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11329 binding. It must issue a new rule if the Health, under which the permitted this Chamber, we can commemorate personal dust monitoring devices prove level of coal dust would be cut in half. his work on behalf of Jacob Gunvalson successful. And I hope that they under- Senator BYRD and Senator SPECTER and others who inspired the late Sen- stand that the miners of our States and have proposed this amendment to re- ator to see this law enacted. In Sep- their representatives in the Congress quire MSHA to consider incorporating tember of this year, the National Insti- will be watching, and that we will con- the new Personal Dust Monitor tech- tutes of Health will announce the first tinue to oppose any effort to cir- nology, once testing is completed. This grantees of its newly created Muscular cumvent the 1969 Mine Act with regard amendment is supported by both the Dystrophy Cooperative Research Cen- to dust levels. coal mining industry and by the United ters Program. I urge Senators to take this oppor- Mineworkers. In addition, three NIH institutes— tunity to improve the credibility of the These Personal Dust Monitors have the National Institute of Arthritis and Mine Safety and Health Administra- been developed in conjunction with Musculoskeletal Diseases, the National tion. I urge Senators to recall the find- labor and industry. They would be Institute of Neurological Disorders and ings of the Congress that were con- worn by individual miners at all times Stroke, and the National Institute of tained in the 1969 Mine Act: and could measure more accurately Child Health and Human Develop- The first priority and concern of all in the than any existing technology how ment—also set aside $1 million in the coal mining industry must be the health and much coal dust each miner is exposed MDCRC program as the ‘‘Senator Paul safety of its most precious resource—the to. D. Wellstone Muscular Dystrophy Co- miner. MSHA itself has acknowledged the operative Research Centers.’’ Mr. KENNEDY. It is a privilege to role of Dust Monitors in miner safety. I have an amendment that would re- join Senator BYRD and Senator SPEC- It has extended the current rulemaking name the NIH Muscular Dystrophy Co- TER on this amendment to increase period in order to include comments operative Research Center program in health and safety protections for the based upon Dust Monitor testing. This honor of the late Senator Paul D. Nation’s coal miners. amendment would go one step further, Wellstone of Minnesota. I will not read Coal mining is difficult and dan- by requiring MSHA to consider repro- all of it. In part, it says that the des- gerous work. Miners daily face the risk posing the rule to incorporate Personal ignation of the NIH Muscular Dys- of mine collapse, mine fires, and the Dust Monitors as part of the required trophy Cooperative Research Centers debilitating illness called black lung safeguards in the Nation’s mines. program shall be known and designated disease. Each year, over 4,000 coal min- Incorporating these technological ad- as the ‘‘Senator Paul D. Wellstone ers lose time at work because of inju- vances into the rules on coal dust mon- Muscular Dystrophy Cooperative Re- ries on the job. We all remember the itoring is a very important step. The search Centers’’ in honor of Paul D. near-tragedy last summer at Quecreek Nation’s miners risk their lives every Wellstone, who was deceased on Octo- Mine in Pennsylvania, when nine min- day to provide critical domestic ber 25, 2002. There is no cost involved. ers were trapped underground for 3 sources of energy, and we need to do all I send the amendment to the desk days. Miraculously, they were rescued we can to protect their lives and and ask for its immediate consider- but many other miners are not so for- health. ation. tunate. I strongly urge my colleagues to sup- The PRESIDING OFFICER. The Congress passed the Federal Mine port this amendment to use all avail- clerk will report. Safety and Health Act in 1969 to pro- able technologies to protect the Na- The legislative clerk read as follows: tect miners from these hazards. One of tion’s hard-working coal miners. The Senator from Iowa [Mr. HARKIN] pro- the most critical parts of the Mine The PRESIDING OFFICER. The Sen- poses an amendment numbered 1645. Safety Act is its requirement that ator from Iowa is recognized. Mr. HARKIN. I ask unanimous con- mine operators reduce and control the AMENDMENT NO. 1645 sent that further reading of the amend- level of dust that miners inhale during Mr. HARKIN. Mr. President, I ask ment be dispensed with. their shifts. the indulgence of the Senate for a brief The amendment is as follows: Since then, we have made great statement I am going to make. (Purpose: To rename the NIH Muscular Dys- progress in reducing the number of As we all know, Senator Paul trophy Cooperative Research Center cases of black lung, but this battle is Wellstone, his wife Sheila, and his (MDCRC) program in honor of the late Sen- far from over. Over 100,000 former min- daughter Marcia, three staff members, ator Paul D. Wellstone of Minnesota) ers and their dependents are receiving and two pilots perished in a tragic Add at the appropriate place: Federal benefits today because they or plane accident nearly a year ago near SECTION 1. DESIGNATION OF SENATOR PAUL D. their family members have had black WELLSTONE NIH MDCRC PROGRAM Eveleth, MN. The Senate lost an hon- (a) FINDINGS.—Congress finds the fol- lung. Each year, more than 1,000 work- est, passionate public servant, and we lowing: ers die from the disease—and hundreds all lost a friend. (1) On December 18, 2001, Public Law 107–84, of new cases of black lung are reported Senator Wellstone’s life was a testa- otherwise known as the Muscular Dystrophy each year. ment to his compassion and commit- Community Assistance, Research and Edu- This amendment deals with MSHA’s ment to serve the less advantaged. He cation Amendments of 2001, or the MD CARE proposed regulations on dust levels and was a tireless advocate for people in Act, was signed into law to provide for re- dust monitoring. Many of us are deeply need. That was never more true than search and education with respect to various forms of muscular dystrophy, including troubled by the administration’s pro- when he began working with children Dechenne, Becker, limb girdle, congenital, posal. The proposed regulation reduces with Duchenne muscular dystrophy facioscapulohumeral, myotonic, the protections of the Mine Safety Act. and their families. oculopharyngeal, distal, and EmeryDreifuss It would allow coal mine operators to In 2001, Senator Wellstone introduced myscular dystrophies. raise dust levels up to four times the the Muscular Dystrophy Community (2) In response to the MD CARE Act of 2001, amount now permitted by the act. It Assistance, Research, and Education in September 2002, NIH announced its inten- would also reduce the number of sam- Amendments of 2001 to intensify Fed- tion to direct $22.5 million over five years to ples taken in mines to measure coal eral investment in Duchenne and other its newly created Muscular Dystrophy Coop- erative Research Centers (MDCRC) program. dust exposure. forms of muscular dystrophy. The MD (3) Senator Paul D. Wellstone was a driving It makes no sense to roll back the CARE Act asked the Director of the force behind enactment of the MD CARE current protections. Instead of increas- National Institutes of Health to create Act, which led to the establishment of the ing the number of inspections and centers of excellence to conduct basic MDCRC program. tightening the dust standard, the ad- and clinical research into Duchenne (b) DESIGNATION.—The NIH Muscular Dys- ministration’s regulation would allow and other muscular dystrophies. That trophy Cooperative Research Centers coal mines to raise the amount of dust (MDCRC) program shall be known and des- bill was signed into law in December of ignated as the ‘‘Senator Paul D. Wellstone miners are exposed to. The new regula- 2001. About a year later, Senator Muscular Dystrophy Cooperative Research tion directly contradicts the rec- Wellstone was tragically killed. Centers,’’ in honor of Senator Paul D. ommendations of the National Insti- While we cannot replace the col- Wellstone who was deceased on October 25, tute for Occupational Safety and league and friend who served with us in 2002.

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.095 S10PT2 S11330 CONGRESSIONAL RECORD — SENATE September 10, 2003 (c) REFERENCES.—Any reference in a law, people than probably any other single I call up my amendment on behalf of regulation, document. dollar item we are doing in this bill. Senator SANTORUM and Senator DUR- The PRESIDING OFFICER. The Sen- I believe this is the highest priority. BIN, who went to bat, as he has many ator from Pennsylvania. That is why I was willing to offer an times in the past, for children and Mr. SPECTER. Mr. President, I amendment to fund this program fully those who are HIV positive and who thank the Senator from Iowa for what and to do so with an across-the-board might be HIV positive. I thank Senator he has done. I am delighted to join him cut. Having seen the success of an DURBIN and Senator SANTORUM. I now in sponsoring the amendment to name across-the-board cut in a previous call up my amendment No. 1623. the Muscular Dystrophy Operative Re- amendment, I have not been nec- The PRESIDING OFFICER. The search Center after Senator Wellstone. essarily encouraged by my colleagues clerk will report. Senator Wellstone attended many of to continue this effort. The legislative clerk read as follows: our appropriations subcommittee hear- I thank the Senator from Pennsyl- The Senator from Ohio [Mr. DEWINE], for ings on neurological disorders and was vania, my colleague, in sharpening his himself, Mr. SANTORUM, and Mr. DURBIN, pro- a tireless advocate for medical re- pencil to come up with enough money poses an amendment numbered 1623 to search regarding the cause of muscular to at least meet the President’s request amendment No. 1542. dystrophy. He was the original sponsor on his program, which is an additional Mr. DEWINE. Mr. President, I ask of the Muscular Dystrophy Care Act of $61 million. It is an amendment Sen- unanimous consent that the reading of 2001. This was the first disease-specific ator DEWINE offered earlier for mother- the amendment be dispensed with. piece of legislation in the 107th Con- to-child transmission and for non- The PRESIDING OFFICER. Without gress, the first major piece of health mother-to-child transmission. objection, it is so ordered. care legislation signed by President Senator DEWINE has been doing some The amendment is as follows: George Bush, and the first piece of leg- great work, along, I understand now, (Purpose: To increase funding for activities islation to ever address a very lethal with Senator DURBIN, to come up with to prevent the mother-to-child trans- childhood disorder. this money. mission of HIV) Just a few weeks before he died, Sen- In exchange for the acceptance of On page 61, between lines 14 and 15, insert ator Wellstone visited a little boy that amendment by the managers, I am the following: named Jacob who was afflicted with SEC. ll. (a) MOTHER-TO-CHILD HIV TRANS- going to withhold my amendment. I MISSION PREVENTION.—In addition to any muscular dystrophy. He and Jacob yield to the Senator from Ohio to ex- amounts otherwise made available under made some television ads, which sadly plain what his amendment does. this Act to carry out mother-to-child HIV didn’t air because of Senator Well- Mr. DEWINE. I thank my colleague transmission prevention activities, there stone’s tragic death. Senator Wellstone from Pennsylvania. I also thank my shall be made available an additional made a difference in the lives of thou- other colleague from Pennsylvania, the $60,000,000 to carry out such activities and sands of children afflicted with this chairman of the committee, for his $1,000,000 for non-mother-to-child activities. deadly disease. He leaves a legacy of good work on this bill and for his will- (b) REDUCTION IN AMOUNTS.—Amounts unprecedented Federal commitment to made available under this Act for the admin- ingness to work with us on this very istrative and related expenses for depart- muscular dystrophy research and de- important issue. mental management for the Department of velopment. I have no doubt that some- I know the hour is late, Mr. Presi- Labor, the Department of Health and Human day soon we will win the fight against dent. I am just going to take literally Services, the Department of Education, shall muscular dystrophy because of Paul 2 minutes to explain this amendment. I be reduced on a pro rata basis by $61,000,000. Wellstone’s work. will offer the amendment and then I The PRESIDING OFFICER. The Sen- Mr. President, I yield to my distin- believe the amendment will be accept- ator from Pennsylvania. guished colleague from Pennsylvania, ed. Mr. SPECTER. Mr. President, I con- Senator SANTORUM. This amendment is very simple. gratulate the Senator from Ohio for his The PRESIDING OFFICER. The Sen- What it does is it will restore the outstanding work. I congratulate my ator from Pennsylvania. money to this bill the President has re- colleague from Pennsylvania for his Mr. REID. Will the Senator with- quested this Congress to provide for a contribution. The Senator from Ohio hold? program that literally will save tens of only talked to me about this amend- Mr. SANTORUM. I will be happy to thousands, maybe hundreds of thou- ment about 79 times during the course withhold. sands, of lives of innocent children. We of the last 2 days. To say that he was The PRESIDING OFFICER. Is there have the ability today to see a preg- persistent would be a vast understate- further debate on amendment No. 1645? nant mother who is HIV positive and to ment. If not, the question is on agreeing to provide her with the care and the drugs We are prepared to accept this $61 the amendment. to ensure she will not give birth to a million for the global AIDS for the The amendment (No. 1645) was agreed child who is HIV positive. CDC, of which $60 million is for the to. The statistics are very simple and mother-to-child transmission preven- The PRESIDING OFFICER. The Sen- the facts are very simple. If a woman tion initiative and $1 million is for ator from Pennsylvania. today is pregnant and is HIV positive, other global AIDS activities. This off- AMENDMENT NO. 1623 the odds are—the percentage is about set will be made from the administra- Mr. SANTORUM. Mr. President, ear- 30 percent—she will give birth to a tive costs of the Departments of Labor, lier today, I offered an amendment to child who is HIV positive. In sub-Saha- Health and Human Services, and Edu- increase the amount of money in the ran Africa or in Haiti or in Guyana, cation. Aid for Africa Program to the number there are programs today that will re- During the course of the debate, we that met the authorization level this duce those odds from 30 percent down have had a great many AIDS amend- Senate passed just a couple months to 5 or 10 percent for as little as $3 to ments offered, and we wish we could ago. It was an additional $350 million $4 per woman. That is not per day. have accepted more of them. But this which would be needed to do the $2 bil- That is per woman per child. It is al- particular one is very precisely tar- lion in bilateral aid to which we com- most a miracle. geted. I know the Senator from Ohio mitted, plus the $400 million we would My colleague in the Chair and other just came back from Africa and feels need to match roughly $700 million- Members of the Senate who just came very deeply about this issue. plus that has now been put forward by back from a trip, led by Majority Lead- We are pleased to accept this amend- other countries for the Global Fund. er BILL FRIST, to Africa saw these pro- ment, with our compliments to the This bill is, in combination with the grams in place. They work. What this Senator from Ohio, Mr. DEWINE, the foreign operations bill, $350 million extra $60 million will do is to help en- Senator from Pennsylvania, Mr. short for what I believe is the most im- sure there will be tens of thousands of SANTORUM, and the Senator from Illi- portant health crisis facing the world more children who will be born HIV nois, Mr. DURBIN. and one I would argue is, as far as dol- negative. I yield the floor. lars spent, going to save more lives and I thank my chairman for allowing The PRESIDING OFFICER. Is there improve the quality of life for more this money to come into the bill. further debate? The Senator from Iowa.

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.096 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11331 Mr. HARKIN. Mr. President, I have The PRESIDING OFFICER. The tion. I look forward to working with no objection to this amendment. In question is on the engrossment of the him on this and other important pro- fact, I am supportive of it. I want to amendments and third reading of the grams in conference. make it clear for the record that the bill. PEDIATRIC GRADUATE MEDICAL EDUCATION offset on this amendment is not an The amendments were ordered to be Mr. DEWINE. Mr. President, I thank across-the-board cut. It comes only engrossed and the bill to be read a my colleague, Senator SPECTER, for all from the administrative account of third time. of the work he has put into drafting the—is it all the Departments, the De- The bill was read a third time. and shepherding the Fiscal Year 2004 partments of Labor, Health and Human CLOSE UP FOUNDATION FELLOWSHIPS Labor-Health and Human Services- Services, and Education—or is it just Ms. LANDRIEU. Mr. President, it is Education appropriations bill. His lead- from the Department of Health and almost like the change of season ership and his efforts should be com- Human Services? I am a little unclear around the Capitol when young people mended. as to from what administrative ac- from all over the country descend on Last week, I offered an amendment count it is taken. I want it clear for the Capitol to learn about their Gov- in support of our Nation’s children’s the record. I just want to get an answer ernment. We all meet with groups of hospitals. My amendment would equal- to my question as to which administra- these students from our State. We take ize the funding that children’s hos- tive account the offset is taken. photos, we answer questions. But if you pitals receive compared to adult hos- Mr. DEWINE. The Senator is correct, take the time to look at the badges the pitals. Specifically, the amendment it is not an across-the-board cut. students and teachers are wearing, would provide an additional $15 million Mr. HARKIN. I understand it is not more likely than not, they will say to fund the pediatric Graduate Medical an across-the-board cut. Is it from the Close Up. Education program at $305 million. administrative account of all three De- Like thousands of young people These monies are used by children’s partments or only Health and Human around this Nation, I got my first real hospitals across the country to hire Services? taste of our Federal Government from and retain residents who are interested Mr. SPECTER. It is from all three. a trip sponsored by the Close Up Foun- in pediatric research and in becoming Mr. DEWINE. I can check the exact dation. Since 1972, more than 26,000 stu- pediatricians. language of the amendment. Depart- dents from my State have learned I ask my colleague, the Senior Sen- ments of Labor, Health and Human about their Government through the ator from Pennsylvania, if he supports Services, and Education. auspices of this organization. Close Up our Nation’s children’s hospitals and Mr. HARKIN. Pardon? has awarded some $3.7 million in fel- the Graduate Medical Education pro- Mr. DEWINE. Labor, Health and lowships for students in need and their gram? Human Services, and Education. teachers to encourage the broadest Mr. SPECTER. I thank my colleague, Mr. HARKIN. So it comes from all base of possible participation. Further- Senator DEWINE. I strongly support our three accounts. Again, I just wanted to more, this program was started by a Nation’s children’s hospitals and the make that clear for the record, that it legendary member of this body, who pediatric Graduate Medical Education is not from one account; it is all three, also hailed from Louisiana—Allen program. Mr. DEWINE. Children’s hospitals and it is not an across-the-board cut. Ellender. With that, there is certainly no ob- Moreover, there has never been a train almost 30 percent of all pediatri- jection to this amendment. greater need than now for young people cians and half of all pediatric special- The PRESIDING OFFICER. The Sen- to understand what our Democracy is ists. They also provide more than 40 ator from Pennsylvania. percent of the hospital care in this all about. As we face enormous chal- Mr. SPECTER. Mr. President, have country for children needing cardiac lenges at home and abroad, the better we adopted the DeWine amendment? surgery, children suffering with cancer, understanding our young people have The PRESIDING OFFICER. We have and children with cerebral palsy. not. Is there further debate? about their Government, the brighter Mr. HARKIN. I agree with my col- Mr. SPECTER. I urge its adoption. our future will be. league about the valuable role of chil- Sadly, Mr. President, the Close Up The PRESIDING OFFICER. The dren’s hospitals in providing pediatric Foundation, which has enjoyed the question is on agreeing to amendment care and research. support of the Senate for several dec- No. 1623. Mr. DEWINE. The House included The amendment (No. 1623) was agreed ades, did not receive any resources in $305 million in its Fiscal Year 2004 to. this bill. They are seeking funding of Labor-Health and Human Services- The PRESIDING OFFICER. The Sen- $1.4 million, an amount equal to last Education bill. I have agreed to with- ator from Pennsylvania. year’s level. I would ask my friend, the draw my amendment, but I urge the Mr. SPECTER. Mr. President, I now Senior Senator from Pennsylvania, and senior Senator from Pennsylvania to call up amendment 1542. chairman of the Labor, Health and continue working to provide in con- The PRESIDING OFFICER. The sub- Human Services Subcommittee, if he is ference the most funding possible for stitute is pending and one amendment aware of the precarious situation of the Graduate Medical Education pro- is pending to the substitute. this program, and if he would be will- gram. AMENDMENT NO. 1561 WITHDRAWN ing to work with me to find additional Mr. SPECTER. I will do all that I can Mr. SPECTER. Mr. President, I with- resources during the conference proc- to see to it that the GME program is draw the pending amendment, DeWine. ess. funded at the highest level possible in The PRESIDING OFFICER. Is there Mr. SPECTER. Mr. President, I conference. objection? Without objection, it is so thank the junior Senator from Lou- Mr. HARKIN. I concur with the ordered. The amendment is withdrawn. isiana for bringing this important issue chairman, and will strongly support The Senator from Pennsylvania. to the subcommittee’s attention. I be- the GME program. AMENDMENT NO. 1542 lieve that Close Up makes a vital con- CENTERS FOR CHILDREN’S ENVIRONMENTAL Mr. SPECTER. Mr. President, I now tribution to civic education, and would HEALTH AND DISEASE PREVENTION RESEARCH call up amendment No. 1542. not want to see the program fail. I say Mr. SPECTER. I am glad to join Sen- The PRESIDING OFFICER. The to my friend from Louisiana, that I ator HARKIN in confirming our intent amendment is pending. will be pleased to work with her during that funding in the Labor-HHS appro- Mr. SPECTER. This amendment is to conference to see if we can find the priations bill be used in part to con- strike all after the enacting clause and necessary funding to meet Close Up’s tinue funding 12 Centers for Children’s insert the following, which is the text needs. Environmental Health and Disease Pre- of the amendments. Mr. HARKIN. I thank my good friend vention Research. These centers were The PRESIDING OFFICER. The and colleague from Louisiana for established through a joint initiative question is on agreeing to amendment bringing up this important issue. I of the Environmental Protection Agen- No. 1542, as amended. know my partner in this process, Sen- cy and the National Institute of Envi- The amendment (No. 1542), as amend- ator SPECTER, worked hard to fund ronmental Health Sciences, and com- ed, was agreed to. many priorities within a tight alloca- bine a new, unique, multidisciplinary

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G10SE6.157 S10PT2 S11332 CONGRESSIONAL RECORD — SENATE September 10, 2003 approach to researching, identifying, again the Committee’s report urges the ator HARKIN to help ensure that NIH treating, and ultimately preventing National Institute of General Medical understands the wishes of this Sub- health risks posed to children by envi- Sciences to fund basic behavioral re- committee. ronmental hazards in the communities search. The Committee report states Mr. HARKIN. Will the Chairman in which they live, play and attend the following: yield for a comment? school. As you know, we do not ear- Behavioral Research.—The Committee be- Mr. SPECTER. I yield to my distin- mark NIH. lieves that NIGMS has a scientific mandate guished colleague and ranking member I ask Senator CLINTON, how much to support basic behavioral research because of this subcommittee, the distin- does NIEHS provide in funding for the of the clear relevance of fundamental behav- guished Senator from Iowa. centers? ioral factors to a variety of diseases and Mr. HARKIN. I thank the Senator. Mrs. CLINTON. NIEHS has provided health conditions. The Committee encour- Mr. President, I echo the sentiments of ages the NIGMS to incorporate basic behav- the Senator from Hawaii and the chair- $750,000 per center, for a total of $9 mil- ioral research as part of its portfolio, espe- lion per year to provide for direct and cially in the areas of cognition, behavioral man of this subcommittee. The signifi- overhead costs that the centers incur. I neuroscience, behavioral genetics, cance of behavioral health research has hope that EPA will also continue to psychophysiology, methodology and evalua- never been as important as it is now. hold up its end of the funding to con- tion, and experimental psychology. The interrelationship between behav- tinue funding 12 centers. I thank Sen- This is excellent language. The Com- ioral health research and the health of ators SPECTER and HARKIN for their mittee has had similar language in fis- the people of this Nation is clear. I continued support of the centers, which cal years 1999, 2000, 2001, 2002 and 2003, stand behind with our Chairman, the are directly in line with our shared but little has yet been done to imple- Senator from Pennsylvania, and the goal of addressing environmental fac- ment the Committee’s recommenda- Senator from Hawaii to work with NIH tors that may cause or contribute to tion. to address the requests of this sub- childhood illnesses such as asthma, or Mr. President, I ask unanimous con- committee. that can interfere in the proper growth sent that the Committee’s NIGMS re- EXHIBIT 1 and development of our Nation’s chil- port language from fiscal years 1999, SENATE REPORT—LABOR, HEALTH AND HUMAN dren. 2000, 2001, 2002 and 2003 be printed in SERVICES AND EDUCATION APPROPRIATIONS Mr. HARKIN. I am glad to join my the RECORD at the conclusion of our re- NATIONAL INSTITUTE OF GENERAL MEDICAL colleagues in support of the important marks. SCIENCES work that the Centers for Children’s The PRESIDING OFFICER. Without Fiscal year 1999 (S. Rept. 105–300) Environmental Health and Disease Pre- objection, it is so ordered. Behavioral science research and training.— vention Research perform. The re- (See exhibit 1.) The Committee encourages NIGMS to sup- search and outreach that these centers Mr. INOUYE. Mr. President, I also port basic research training as part of its initiate is unparalleled. The centers ask unanimous consent that the mandate to support basic research training have not only begun important studies NIGMS statute, which states in Public in all areas of health-related research. into the potential impact of our envi- Law that one of the purposes of NIGMS Fiscal year 2000 (S. Rept. 106–166) ronment on children’s health, but have is to conduct and support behavioral Behavioral science research and training.— also cultivated invaluable relation- research, be printed in the RECORD at The Committee is concerned that NIGMS ships with their surrounding commu- the conclusion of our remarks. does not support behavioral science research The PRESIDING OFFICER. Without or training. As the only national institute nities. Continued funding for these 12 specifically mandated to support research centers will allow high-quality re- objection it is so ordered. not targeted to specific diseases or disorders, search involving local communities in (See exhibit 2.) there is a range of basic behavioral research a collaborative process to continue and Mr. INOUYE. Would the chairman and training that NIGMS could be sup- result in the most effective translation and ranking member join me in helping porting. The Committee urges NIGMS, in of research into methods of prevention. ensure that the NIH complies with the consultation with the Office of Behavioral and Social Sciences, to behavioral science NATIONAL INSTITUTE OF GENERAL MEDICAL wishes of the subcommittee on this research community and other national in- SCIENCES CHARGE TO CONDUCT BASIC BEHAV- matter? stitutes and offices, to identify basic behav- IORAL RESEARCH Mr. SPECTER. Mr. President, I thank my esteemed colleague, the Sen- ioral science research and training priorities Mr. INOUYE. Will the chairman of and to develop a plan for implementing those the subcommittee yield for a question? ator from Hawaii, for bringing this priorities. (p. 134–5) Mr. SPECTER. I will be pleased to matter to our attention and I look for- Fiscal year 2001 (S. Rept. 106–293) ward to working with him and the NIH yield for a question from the Senator Behavioral science research and training.— from Hawaii. to resolve this matter. This sub- The Committee is concerned that NIGMS Mr. INOUYE. First, I would like to committee has successfully doubled does not support behavioral science research compliment the chairman and the the NIH budget over the last 5 years. training. As the only Institute mandated to ranking member, Senator HARKIN, for Thus this speaks to this subcommit- support research not targeted to specific dis- their leadership in developing an excel- tee’s commitment to all types of sci- eases or disorders, there is a range of basic lent bill for consideration by the Sen- entific health research, including be- behavioral research and training that ate. As a member of the Labor, Health havioral health. NIGMS could be supporting. The Committee and Human Services and Education Basic behavioral research is essential urges NIGMS, in consultation with the Office of Behavioral and Social Sciences, to develop Subcommittee for many years I under- if we are to successfully address the a plan for pursuing the most promising re- stand the challenge faced by the sub- many public health issues plaguing our search topics in this area. committee each year in developing a Nation. Since September 11, 2001, the Fiscal year 2002 (S. Rept. 107–84) psychological and physiological effects bill that adequately funds all the out- Behavioral science research and training.— standing programs in the jurisdiction of terrorism and stress became real to The Committee is concerned that NIGMS of this subcommittee. The chairman all Americans across this great Nation. does not support behavioral science research and the ranking member have done an It is imperative that we, as a nation, training. As the only Institute mandated to admirable job and they set a fine exam- better understand the psychological ef- support research not targeted to specific dis- ple of working in a bipartisan manner fects of sustained stress and the role of eases or disorders, there is a range of basic to meet the health, education and the behavioral health sciences in the behavioral research and training that workforces priorities of the Nation. I prevention and treatment of the lead- NIGMS could be supporting. The Committee ing causes or morbidity and mortality. urges NIGMS, in consultation with the Office would also compliment the dedicated of Behavioral and Social Sciences, to develop staff who support this effort. We would The leading causes of death and chron- a plan for pursuing the most promising re- not have such good bills for the Nation ic illness are related to high risk be- search topics in this area. without their counsel and hard work. haviors such as: unintentional injuries Fiscal year 2003 (S. Rept. 107–216) Mr. Chairman, I come to the floor and violence, tobacco use, alcohol and Behavioral science research and training.— today to highlight one NIH-related drug use, dietary behaviors, sexual be- As the NIH institute most concerned with matter that despite our best efforts re- haviors, and inactivity. I am com- basic research, the NIGMS has provided lead- mains largely unresolved. This year mitted to working with you and Sen- ership in basic research on physiological and

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.100 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11333 biological structures and functions that may ‘‘(c) Upon appointment of any such coun- proval of the Secretary, may transfer such of play roles in numerous health conditions. cil, it shall assume all or such part as the the functions of the National Advisory The Committee encourages the NIGMS to de- Surgeon General may, with the approval of Health Council relating to grants-in-aid for velop collaborations with other Institutes, the Secretary, specify of the duties, func- research or training projects in the areas or such as the NCI and the NIMH, and the Office tions, and powers of the National Advisory fields with which such committee is con- of Behavioral and Social Sciences Research Health Council relating to the research or cerned as he determines to be appropriate.’’ to fund basic research to integrate physio- training projects with which such council es- SEC. 4. (a) Section 704 of the Public Health logical knowledge of pre-disease pathways tablished under this part is concerned and Service Act is amended by striking out ‘‘six’’ with behavioral studies. such portion as the Surgeon General may and inserting in lieu thereof ‘‘nine’’. EXHIBIT 2 specify (with such approval) of the duties, (b) Section 705(a) of such Act is amended Public Law 87–838—Oct. 17, 1962 functions, and powers of any other advisory by striking out ‘‘1962’’ and inserting in lieu council established under this Act relating thereof ‘‘1965’’. AN ACT To amend the Public Health Service to such projects. Approved October 17, 1962. Act to provide for the establishment of an Public Law 87–839—Oct. 18, 1962 Institute of Child Health and Human De- ‘‘FUNCTIONS velopment, to extend for three additional ‘‘SEC. 444. The Surgeon General shall, AN ACT To amend the Merchant Marine Act, years the authorization for grants for the through an institute established under this 1936, to develop American flag carriers and construction of facilities for research in part, carry out the purposes of section 301 promote the foreign commerce of the the sciences related to health, and for with respect to the conduct and support of United States through the use of mobile other purposes research which is a function of such insti- trade fairs. Be it enacted by the Senate and House of Rep- tute, except that the Surgeon General shall, Be it enacted by the Senate and House or Rep- resentatives of the United States of America in with the approval of the Secretary, deter- resentatives of the United States of America in Congress assembled, That title IV of the Pub- mine the areas in which and the extent to Congress assembled, That title II of the Mer- lic Health Service Act (42 U.S.C., ch. 6A, which he will carry out such purposes of sec- chant Marine Act, 1936, as amended (46 subch. III) is amended by adding at the end tion 301 through such institute or an insti- U.S.C. 1101 et seq.), is amended by adding im- thereof the following new part: tute established by or under other provisions mediately after section 212(A) thereof (46 of this Act, or both of them, when both such ‘‘PART E—INSTITUTES OF CHILD HEALTH AND U.S.C. 1122a) the following new section: institutes have functions with respect to the ‘‘SEC. 212. (B) (a) The Secretary of Com- HUMAN DEVELOPMENT AND OF GENERAL same subject matter. The Surgeon General is merce shall encourage and promote the de- MEDICAL SCIENCES also authorized to provide training and in- velopment and use of mobile trade fairs ‘‘ESTABLISHMENT OF INSTITUTE OF CHILD struction and establish and maintain which are designed to show and sell the prod- HEALTH AND HUMAN DEVELOPMENT traineeships and fellowships, in the institute ucts of United States business and agri- ‘‘SEC. 441. The Surgeon General is author- established under section 441 and elsewhere culture at foreign ports and at other com- ized, with the approval of the Secretary, to in matters relating to diagnosis, prevention, mercial centers throughout the world where establish in the Public Health Service an in- and treatment of a disease or diseases or in the operator or operators of the mobile trade stitute for the conduct and support of re- other aspects of maternal health, child fairs exclusively use United States flag ves- search and training relating to maternal health, and human development, with such sels and aircraft in the transportation of health, child health, and human develop- stipends and allowances (including travel their exhibits. ment, including research and training in the and subsistence expenses) for trainees and ‘‘(b) The Secretary of Commerce is author- special health problems and requirements of fellows as he deems necessary, and, in addi- ized to provide to the operator or operators mothers and children and in the basic tion, provide for such training, instruction, of such mobile trade fairs technical assist- sciences relating to the processes of human and traineeships and for such fellowships ance and support as well as financial assist- growth and development, including prenatal through grants to public or other nonprofit ance for the purpose of defray certain ex- development. institutions. penses incurred abroad, when the Secretary ‘‘ESTABLISHMENT OF INSTITUTE OF GENERAL ‘‘PRESERVATION OF EXISTING AUTHORITY determines that such operations provide an MEDICAL SCIENCES ‘‘SEC. 445. Nothing in this part shall be economical and effective means of promoting ‘‘SEC. 442. The Surgeon General is author- construed as affecting the authority of the export sales. ized, with the approval of the Secretary, to Secretary under section 2 of the Act of April ‘‘(c) There is authorized to be appropriated establish in the Public Health Service an in- 9, 1912 (42 U.S.C. 192), or title V of the Social not to exceed $500,000 per fiscal year for each stitute for the conduct and support of re- Security Act (42 U.S.C., ch. 7, subch. V), or as of the three fiscal years during the period be- search and research training in the general affecting the authority of the Surgeon Gen- ginning July 1, 1962, and ending June 30, 1965. or basic medical sciences and related natural eral to utilize institutes established under In addition to such appropriated sums, the or behavioral sciences which have signifi- other provisions of this Act for research or President shall make maximum use of for- cance for two or more other institutes, or training activities relating to maternal eign currencies owned by or owed to the are outside the general area of responsibility health, child health, and human development United States to carry out the purposes of of any other institute, established under or or to the general medical sciences and re- this section. ‘‘(d) The Secretary of Commerce shall sub- by this Act. lated sciences.’’ mit annually to the Congress a report on his ‘‘ESTABLISHMENT OF ADVISORY COUNCILS SEC. 2. Section 301(d) of the Public Health activities under this Act.’’ ‘‘SEC. 443. (a) The Surgeon General is au- Service Act is amended by striking out the SEC. 2. Section 104(m) of the Agricultural thorized, with the approval of the Secretary, words ‘‘research projects’’ wherever they ap- Trade Development and Assistance Act of to establish an advisory council to advise, pear therein and inserting in lieu thereof 1954, as amended, is amended by inserting consult with, and make recommendations to ‘‘research or research training projects’’. immediately before ‘‘, and (B)’’ the fol- the Surgeon General on matters relating to SEC. 3. Title II of the Public Health Service lowing: ‘‘or section 212(B) of the Merchant the activities of the institute established Act is amended by adding after section 221 the following new section: Marine Act, 1936’’. under section 441. He may also, with such ap- Approved October 18, 1962. proval, establish such a council with respect ‘‘ADVISORY COMMITTEES FUNDING FOR UNACCOMPANIED ALIEN CHILDREN to the activities of the institute established ‘‘SEC. 222. (a) The Surgeon General may, under section 442. without regard to the civil service laws, and Mrs. FEINSTEIN. Mr. President, I ‘‘(b) The provisions relating to the com- subject to the Secretary’s approval in such wish to inquire of my friend, the distin- position, terms of office of members, and re- cases as the Secretary may prescribe, from guished chairman of the Labor, HHS appointment of members of advisory coun- time to time appoint such advisory commit- Appropriations Subcommittee, about cils under section 432(a) shall be applicable tees (in addition to those authorized to be es- the nature of funding in this measure to any council established under this sec- tablished under other provisions of law), for for the care and treatment of unaccom- tion, except that, in lieu of the requirements such periods of time, as he deems desirable in such sections that six of the members be panied alien children. for the purpose of advising him in connection As my friend knows, in the Homeland outstanding in the study, diagnosis, or treat- with any of his functions. ment of a disease or diseases, six of such ‘‘(b) Members of any advisory committee Security Act of 2002, Congress trans- members shall be selected from leading med- appointed under this section who are not ferred responsibility for the care and ical or scientific authorities who are out- regular full-time employees of the United treatment of unaccompanied alien chil- standing in the field of research or training States shall, while attending meetings or dren from the former Immigration and with respect to which the council is being es- conferences of such committee or otherwise Naturalization Service (INS) to the De- tablished, and except that the Surgeon Gen- engaged in business of such committee re- partment of Health and Human Serv- eral, with the approval of the Secretary, may ceive compensation and allowances as pro- ices Office of Refugee Resettlement include on any such council established vided in section 208(c) for members of na- (ORR), effective March 1 of this year. under this section such additional ex officio tional advisory councils established under members as he deems necessary in the light this Act. Fiscal year 2004 will be the first full of the functions of the institute with respect ‘‘(c) Upon appointment of any such com- year during which ORR will be respon- to which it is established. mittee, the Surgeon General, with the ap- sible for this important function, and

VerDate jul 14 2003 01:25 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.161 S10PT2 S11334 CONGRESSIONAL RECORD — SENATE September 10, 2003 it is critical for ORR to have adequate ance was $33.797 million higher than The purpose is ‘‘to provide assistance funding to exercise its new responsibil- the Senate was able to recommend. to communities and to consortia of ities. Should the conferees reach agreement health care providers, in order to de- Mr. SPECTER. I commend my friend on overall ORR funding that is closer velop or strengthen an integrated from California for her tireless dedica- to the Senate mark than the House health care deliver system that coordi- tion to ensuring the protection of un- mark, I will work with my colleagues nates health services for individuals accompanied alien children. Indeed, it in the Senate and the House to achieve who are uninsured and individuals who was her efforts last year that brought an appropriation for unaccompanied are underinsured. And, to develop or about the transfer of responsibility for alien children along the lines of the strengthen activities related to pro- these vulnerable children to ORR. I am amendment that you have so gra- viding coordinated care for individuals pleased to have been a supporter of ciously agreed to withdraw. with chronic conditions.’’ those efforts. Mr. HARKIN. As ranking member of I believe these are goals and objec- As the Senator knows, the President the subcommittee I agree with my tives that we must achieve, but elimi- requested $34.227 million for unaccom- friend from Pennsylvania and will nating CAP will make this impossible. panied alien children for fiscal year work to ensure that the funding the I understand the fiscal pressures fac- 2004. The allocation levels the sub- senior Senator of California is request- ing Chairman SPECTER, and I believe he committee received for fiscal year 2004 ing for the Office of Refugee Resettle- has done the best job possible. But we were so low, the committee had to re- ment will be reflected in the final con- are facing a major health care crisis in duce the overall funding for ORR be- ference agreement. this country. I know the important neath the President’s request. None- Mrs. FEINSTEIN. I thank my friend role CAP can play in working to ad- theless, the committee recommended from Pennsylvania, the distinguished dress this crisis. the full $34.227 million for fiscal year chairman, for that assurance. He has Washington State has four CAP 2004 for unaccompanied alien children been an important ally in our efforts to grantees. They have worked hard to ex- that the President requested. reform the treatment of unaccom- pand access to quality, comprehensive Mrs. FEINSTEIN. I thank the Sen- panied alien children. I also commend care for those who have no health care ator. It is important to note that in my friend from Iowa for his tireless ef- safety net outside of the emergency forts on behalf of all children through- making its initial request for fiscal room. year 2004, the administration acknowl- out his career in the Senate, and I Washington’s CAP grantees are based edged that it was a preliminary esti- thank him for his support for this ef- in Spokane, Wenatchee, Olympia and fort. I look forward to working closely mate based on less-than-complete in- Seattle. As I’ve met with our CAP with both of my colleagues to ensure formation. Since the administration grantees, they’ve shown me a glimpse that adequate funding is appropriated made its initial budget request last into the future of affordable health to carry out the mandate that Con- January, it has become evident that care. gress created in the Homeland Security ORR will need more funds in order to For example, almost a year ago, I Act of 2002. fulfill its unaccompanied alien child re- visited the Odessa Brown Children’s sponsibilities. COMMUNITY ACCESS PROGRAM Clinic in Seattle. I saw a doctor, a den- In talking with experts who work Mrs. MURRAY. Mr. President, I’ve tist and a psychologist all in the same with these children as well as with ad- come to the floor today to discuss my room, not just treating individual body disappointment that the chairman’s ministration officials, it has become parts, but treating the whole child in a mark zeros out funding for the Commu- evident that this important program comprehensive, compassionate way. will need at least $20 million in addi- nity Access Program, a community- Today that project—known as ‘‘Kids based program that seeks to coordinate tional funding to order to operate ef- Get Care’’—is connecting more than health care of the uninsured and under- fectively in fiscal year 2004. 3,000 children to comprehensive health As the Senate knows, I was prepared served. This development is especially dis- care. to offer an amendment to this bill that These efforts are making a real dif- appointing because less than 8 months would appropriate the additional $20 ference for low-income families, and ago, the Senate overwhelmingly adopt- million for these programs, bringing ed my amendment to provide full fund- they need more investment, not elimi- the total appropriation for unaccom- ing for the CAP program in the FY 2003 nation. panied alien children for fiscal year Our CAP grantees have worked to en- Omnibus Appropriations bill. 2004 to $54,227,000. This anticipated that Since early 2001, the current adminis- sure that our increased investment in the additional $20 million being appro- tration has targeted this program for Community Health Centers reaps the priated for these functions would be de- elimination. It is difficult to under- greatest benefit possible. rived from unused refugee and entrant stand why the President’s budget They have worked with vulnerable funds from prior fiscal years. These eliminate a program that seeks to get populations to tear down all barriers to funds have gone unused because of the care for the uninsured at a time when care—not just economic barriers. They unfortunate shortfalls that have oc- the ranks of the uninsured continue to have used this small investment to bet- curred in refugee admissions during the grow. As more and more families lost ter served the uninsured. last several fiscal years. their insurance coverage, programs We should be strengthening efforts In the interest of time and in def- like CAP will become even more impor- like this—not eliminating them. erence to the delicate balance that the tant. Currently, one in nine Washington committee was forced to achieve in The CAP program helps increase the residents is uninsured. With my State’s putting together this bill, I will not capacity and effectiveness of commu- ongoing economic crisis, demand will offer this amendment at this time. nity health care institutions and pro- grow for programs that provide care for However, I ask the chairman for some viders who serve patients regardless of the uninsured. assurance that he will work with House their ability to pay. We need to meet the immediate conferees to secure a minimum of The program supports community- needs of families who today can only $54.227 million for these functions in based groups that coordinate care for access care in the Emergency Room. conference. the uninsured. CAP has been very suc- CAP provides the seed money that Mr. SPECTER. I thank my friend cessful, and it enjoys broad bipartisan gives community health care providers from California for withholding from support. The CAP program was author- the ability to serve those who have no- offering her amendment. The Senator ized in October 2002 as part of the where else to go. is correct that the program would ben- Health Care Safety Net Authorization I had considered offering an amend- efit greatly from an additional $20 mil- bill, which was unanimously adopted ment to restore full funding for CAP. lion, and I am dedicated to helping se- by the Senate. However, because of the budgetary cure that funding before the end of this The purpose of the CAP program is constraints, to secure the votes needed, process. spelled out in the Health Care Safety I would have to cut other vital Labor, As the Senator knows, the House Net Authorization bill. Let me read HHS and Education programs, many of mark for Refugee and Entrant Assist- from the Committee report. which are already taking cuts.

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.102 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11335 Instead, I would like to yield to the Clearly, I would have liked to secure sity, resources need to be made avail- chairman of the subcommittee for the additional funding, but recognize that able to organizations that: have a long- purpose of engaging in a colloquy. the bill includes many worthy prior- standing physical presence in our com- Chairman SPECTER, again let me ities and that funds are extremely munities; have established and stable stress my appreciation for your efforts. tight. I look forward to working with relationships with state and local You have been given an almost impos- the chairman and ranking member to health and education agencies; and are sible task. secure this funding increase in the experienced in providing health and fit- The bottom line is our Subcommittee final version of the bill. ness programs to America’s youth. allocation for LHHS is simply not suf- Mr. SPECTER. I thank the Senator Mr. SPECTER. Mr. President, I ficient to meet the important prior- from Washington for her comments. thank the Senator from New Hamp- ities of labor, health care and edu- And I think she makes a good point shire for his support for the sub- cation. about the important role the Senate committee’s efforts in this regard. We I know you did the best job possible, can play in supporting the retraining should all be concerned about the but I am asking for your support of of dislocated workers. The Senator is scourge of obesity among our Nation’s CAP in conference. correct that we have agreed to include youth, and I am committed to assisting When I raised this issue in the sub- an additional $25 million for the Dis- the necessary partnerships and pro- committee markup, you indicated your located Worker funding stream in the grams needed to reverse these dev- willingness to work to ensure that this managers’ amendment. I will fight to astating trends. Those efforts should program is funded when the final bill keep this funding in the conference include private organizations such as emerges from conference. committee bill. the YMCA to the extent possible and Mr. SPECTER. It is true that we Mr. HARKIN. I agree with the Sen- government at all levels should be have not funded the Community Access ator from Washington that there is a working with such groups to develop Program. That program has tradition- great need for additional funds for dis- and implement after school physical ally been funded by the House, and let located workers, I will work with my activity programs to reduce and pre- colleagues to retain this increase of $25 me assure you that it will be funded vent obesity. I am delighted to work million for dislocated worker formula when we come out of conference. As with my colleague from New Hamp- funds in the conference committee bill. the Senator from Washington is aware, shire to ensure that national nonprofit the House passed LHHS Appropriations YMCA AND THE HEALTHY STEPS INITIATIVE organization’s like the YMCA and Jew- bill allocates a total of $104.317 million Mr. GREGG. Mr. President, I want to ish Community centers have an oppor- commend Mr. SPECTER and the com- for FY 2004 for the Community Access tunity to play a leading role in helping mittee for increasing funding for Program. achieve the President’s goals for a chronic disease prevention and control Mr. HARKIN. I want to echo the com- healthier America. ments of my good friend from Pennsyl- programs under the CDC. I especially Mr. HARKIN. Mr. President, I want vania and thank Senator MURRAY for want to thank him for the report lan- to thank both of my distinguished col- bringing up this important issue. I, guage accompanying this bill that rec- leagues, and I want to add my concern too, am very concerned by the Presi- ognizes the important role that non- over the growing problem that obesity dent’s elimination of this successful profit organizations such as YMCAs poses on the health of our Nation. Spe- and Jewish Community Centers play in program. I look forward to working cifically the emphasis that it has had providing millions of American youth with Chairman SPECTER to restore in the lives of our youth. Together we comprehensive health and wellness pro- funding in conference. need to seek and work toward a solu- grams designed to address risk behav- Mrs. MURRAY. I thank the chairman tion. and ranking member of their support iors such as physical inactivity, Nonprofit organizations play a sig- in conference, and as a conferee, I will unhealthy diets, and tobacco use. Be- nificant role in this battle to keep our continue to work with you to ensure cause only 25 percent of public schools Nation healthy. I look forward to the $104.317 million in FY 2004 for the are offering daily physical education working with my good friend and programs, and it has fallen to commu- Community Access Program. chairman of this subcommittee, Sen- nity-based organizations like the Y to DISLOCATED WORKER AMENDMENT ator SPECTER, and my chairman on the step in and implement health pro- Ms. CANTWELL. Mr. President, I authorizing committee on which I motion and health education strategies serve, Senator GREGG. rise to enter into a colloquy with the and interventions designed to increase distinguished chairman and ranking physical activity and foster good nutri- VACCINE STOCKPILE member of the Subcommittee on tion among school-aged children. Mr. SPECTER. I am glad to join Sen- Labor, Health and Human Services, I also support the committee’s efforts ator HARKIN in confirming our intent Education. I came to the floor today to to ensure that private organizations that the Vaccines for Children program offer an amendment to increase dis- like the YMCA and Jewish Community funding in the Labor-HHS Appropria- located worker formula funds in order centers are eligible to receive funding tions bill be used in part to stockpile a to create new job training opportuni- as part of the Secretary’s steps to a 6-month supply of childhood vaccines. ties for dislocated workers. Healthier U.S. Initiative. It is essential Only a year ago, doctors had to turn Given the continued job losses na- that we begin to encourage after school families away at the door because of tionwide, increasing funds to retrain physical activity programs that help national vaccine shortages for eight workers is critical—both for workers reduce and prevent obesity. out of the eleven vaccine-preventable and for the businesses that are hiring As President Bush recently noted diseases. During the vaccine shortage, workers. Our national unemployment during a visit to the West Lake YMCA children became ill with pneumococcal rate is now 6.1 percent, which is close in Dallas to promote his Healthy Steps meningitis and pneumonia, diseases to the highest it has been in 9 years. Initiative, ‘‘the YMCA is an integral that could have been prevented with an Since the recession started in January part of a healthy America by encour- adequate supply of the pneumococcal 2001, we have lost more than three mil- aging our youngsters to exercise, to vaccine. Fortunately, we have wit- lion private sector jobs, and these job have fun, to get outside, to learn to eat nessed some significant progress since losses continue. In my State, Boeing good foods.’’ I agree that national orga- then, which is a credit to a collabo- announced over 600 layoffs in July. In nizations, like the YMCA, that have a rative effort by public health officials, August, it announced over 500 more. long history of serving youth and have vaccine manufacturers and providers. And it has plans to cut a total of 5,000 the ability to assist state health and Shortages have stopped, and childhood jobs nationally by the end of the year. education departments in all 50 States, vaccines for eleven different diseases These funds are clearly needed to get are perfectly positioned for the job of are no longer being delayed. Americans back to work. helping us develop and deliver model Mr. HARKIN. During the crisis, the I am pleased that my colleagues and physical activity programs for elemen- HELP Committee met on multiple oc- I have reached an agreement to include tary and secondary education students. casions to study this important issue. I an additional $25 million in this bill for If we are going to quickly and effi- want to thank my friend from Pennsyl- the Dislocated Worker formula funds. ciently make an impact on youth obe- vania and join him in affirming that it

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.107 S10PT2 S11336 CONGRESSIONAL RECORD — SENATE September 10, 2003 was our intent to use funding in this Human Services, Education and Re- The President has requested $100 mil- bill to stockpile a 6-month supply of lated Agencies. My concern is with the lion for Mentoring Programs grants childhood vaccines. Despite the efforts adequacy of the funding level for men- and $50 million for Mentoring for Chil- of the committee and the collaborative toring included in this bill today. For dren of Prisoners as a strategic first effort by many others on this impor- the two programs focused exclusively step to closing that mentoring gap, and tant public health issue, I understand on mentoring, the Department of Edu- I want to recognize him for his leader- that my home State of Iowa, like the cation’s Mentoring Programs grants ship. Through a concentrated effort, we rest of the Nation, only has a one-to- and the Department of Health and will be able to match thousands of new two month stockpile for some of the Human Services’ Mentoring for Chil- children with caring adults. But, that routinely recommended childhood vac- dren of Prisoners, the bill before us cannot happen unless we are able to in- cines. Senator REED, is it accurate to commits just $38.6 million—well short crease the funding for mentoring in state that these shortages, temporarily of the President’s request of $150 mil- this appropriations bill. alleviated, could return at any time? lion. I understand that limited re- Given the tight budget times we are Mr. REED. Yes, unfortunately, the sources are constraining the amounts facing, I appreciate the increase that General Accounting Office report con- we are able to provide for many pro- the committee was able to provide for firmed that a pause in production for grams, and I thank the chairman and mentoring. However, I believe that we safety reasons could happen again and ranking member for the increased they can do better in conference. I, too, would have a critical and devastating included in this bill for Mentoring Pro- would like to work with the chairman impact on the ability to vaccinate chil- grams. But I do hope we can find some with the goal of matching or exceeding dren and adults. That is why I appre- funding to further increase the alloca- the House figure of $75 million, even ciated the administration’s announced tion for mentoring. though it is still short of the Presi- commitment to provide funds in the I’m sure we can all remember an dent’s request of $150 million. I would 2004 Budget for a vaccine stockpile. adult who made a difference for each of like to conclude my remarks at this Senator CLINTON, how much funding us growing up by spending time with time and yield to a fellow former gov- does the administration plan to provide us, encouraging us, and serving as a ernor, the Senator from Nebraska, BEN in Fiscal Year 2004 for a stockpile? positive role model. That is exactly NELSON. Mrs. CLINTON. The administration what mentoring is: a sustained rela- Mr. NELSON. Mr. President, I begin plans to provide $124 million in fiscal tionship between a young person and by thanking my colleagues, Senators year 2004 so that it can store a 6-month an adult in which the adult provides AKAKA and ALLEN, for their efforts to- supply of childhood vaccines by 2006. I support, guidance, and assistance to ward ensuring that young people in thank Senators SPECTER and HARKIN the young person. The benefits of a this country are able to access valuable for affirming the administration’s com- mentoring relationship are wide-rang- mentoring services. As Governor, I helped the mentoring mitment to prevent further vaccine ing—including gains in educational program TeamMates of Nebraska— shortages by stockpiling a 6-month achievement, health and safety, and so- which was started by former Nebraska supply of childhood vaccines. Senators cial and emotional development. football coach, now Congressman, TOM DEWINE and REED and I introduced the We have some wonderful mentoring OSBORNE—expand statewide. From Childhood Vaccine Supply Act along programs in Hawai’i, and they have an your personal experience, I know that, with to strengthen and support the ad- invaluable impact on young people like any youth-development strategy, ministration’s authority in these ef- throughout my State. One of these ex- mentoring works best when measures forts and assure that the stockpile in- cellent examples has been the Senior are taken to ensure quality and effec- cludes adults as well as all children, Kupuna in the Preschools Project run tiveness. Programs must carefully re- who were affected by the tetanus-diph- by the Hawaii Intergenerational Net- cruit, screen, and train prospective vol- theria toxoid shortage last year. Sen- work that has achieved meaningful re- unteers, and then support them ator DEWINE, is a vaccine stockpile suf- sults such as positive changes in class- ficient to prevent future shortages? throughout the duration of the men- room behavior. But these programs toring relationship. Inadequate funding Mr. DEWINE. No. We also need an ad- need additional funding to serve more ditional buffer because CDC acknowl- directly impacts a mentoring organiza- young people. tion’s ability to operate a high-quality edges that it will take until 2006 before I would like to work with the distin- program. I strongly believe that we we can have a six-month stockpile of guished chairman and ranking member should recede to the House numbers on childhood vaccines. That is why I of the subcommittee to increase fund- mentoring, which would provide $75 joined you and Senator REED in intro- ing for mentoring in Conference to a million to help match young people ducing the Childhood Vaccine Supply level at least equal to the House allo- Act, which would provide a notification across the country with mentors. cation of $75 million. Before I yield the I’d like to share a quote from a Ne- mechanism so that CDC can work with floor to them, I am pleased to yield at braska mentee, Ean Garrett. Ean is a other manufacturers to maintain the this time to another strong advocate of participant in the ProPal Plus Men- vaccine supply when a manufacturer mentoring programs, the former Gov- toring Program in Omaha, Nebraska, cannot produce an adequate supply of ernor of Virginia, Senator ALLEN. and these are his own words: vaccine. Each of the four major vaccine Mr. ALLEN. Mr. President, I thank Mentoring shows us that we don’t have to producers has stated that they do not my colleague from Hawaii, Senator live day by day, that we live in a world full object to this sort of an advance notice AKAKA, for his work on this important of opportunities. It teaches us that with provision. We have worked amicably issue. I, too, strongly believe that men- imagination and a lot of hard work, we can with Senators FRIST, GREGG, and KEN- toring is effective. Unfortunately, the go as far as we want. Mentoring helps us see NEDY on both of these vaccine provi- need for mentors is so much greater that graduating from high school is not an sions. We have worked amicably with than what is currently available. MEN- option; it is a requirement. And mentoring helps us develop our skills so that we are Senator FRIST on this issue and our TOR/National Mentoring Partnership successful well-rounded people who are vaccine provisions, and fully expect to estimates, based on the latest US Cen- major contributors to our community, our continue working with this bipartisan sus figures and risk factors for youth, society, our country, the human race, and group of Senators to accomplish the that approximately 17.6 million young the world. Thanks to ProPal Plus and my important goal of assuring safe vac- people could benefit greatly from a mentor, the American dream is mine. cines for all children. high-quality formal mentoring rela- The chairman and ranking member MENTORING tionship with a caring adult. Of those have faced a lot of tough choices in Mr. AKAKA. Mr. President, I rise to young people who need mentors, an es- crafting this bill, and I am pleased they enter into a colloquy with colleagues timated 2.5 million are fortunate to be were able to find an increase for men- who share my zeal for quality men- in formal, high-quality mentoring rela- toring. I do think Ean’s words help us toring programs, Senators ALLEN and tionships. But that leaves more than all understand why we must find more. BEN NELSON, and the distinguished 1.5 million young people in need of I will end there and yield time to the leaders on the Appropriations Sub- mentors, falling into a ‘‘mentoring distinguished chairman and ranking committee on Labor, Health and gap.’’ member.

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.125 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11337 Mr. SPECTER. Mr. President, I sions schools, including Meharry Med- suffering from a severe shortage of thank my colleagues from Hawai’i, Vir- ical College in my home State, would health professionals. In a rural State, ginia, and Nebraska for raising this be unable to sustain their mission of getting well-trained doctors, nurses, very important issue. I agree that the training minorities for clinical careers and health technicians is always a funding levels for Mentoring Programs in medically underserved areas. challenge. One of the biggest obstacles and Mentoring for Children of Pris- The other programs that comprise facing health professionals who want oners should be examined carefully in the Health Professions Training cluster to come to rural areas is loan debt. Conference. We have a great many are equally important to ensuring that Many of these professionals cannot af- wonderful mentoring programs we meet our health professions work- ford to work in small town America. throughout Pennsylvania that could force needs, particularly in the over And that is truly a shame. That is why use more funding in order to continue 3,100 Federally Designated Health Pro- I am a long-standing supporter of the their good work with young people. fessions Shortage Areas. Primary Care Health Professions training programs. I applaud the three Senators in their Medicine and Dentistry, Area Health These programs help to train American goal that these two programs receive Education Centers, Health Education workers for good paying, steady jobs, the $75 million funding level proposed and Training Centers, Allied Health, while giving them the economic free- by the other body. I will work with and other Title VII programs all play a dom to work in medically underserved them and my colleagues in the other critical role in our health care system. areas—many times the most rewarding body to try to achieve this goal during As we continue to work to expand ac- settings in which a health professional conference. cess to quality health care for all can work. I thank my colleagues for Mr. HARKIN. Mr. President, I echo Americans, I believe it is important their commitment to these programs, the comments of my colleague from that we support those existing Federal and I look forward to working with Mr. Pennsylvania. It has been proven time programs that make a difference. SPECTER to try to restore this funding and again that kids act out the behav- I also recognize that these programs in conference. iors that are role modeled for them. have not yet been formally reauthor- Mr. REED. Mr. President, I also wish That’s why caring adult mentors can ized, and so I appreciate the chairman’s to express my appreciation to the truly help transform the lives of young continued support for funding these chairman and ranking member for their longstanding commitment to people. A substantial increase in fed- items. I look forward to working with HRSA Title VII Health Professions pro- eral funds for mentoring would provide him, Chairman GREGG and others to re- grams. I had planned to offer an a much-needed infusion of grant fund- authorize these programs and to look amendment to increase funding for ing into the mentoring community in for ways through the reauthorization these critical programs to the House Iowa and across the nation. This fund- process to improve performance meas- level. I will not offer this amendment ing is a wise investment in the future ures and accountability. with the understanding that this will success of young people across this I, again, thank the distinguished be worked out in conference. I thank country. Senator from Pennsylvania and express the managers of the bill and the Senate Mr. AKAKA. I thank the chairman my interest in working with him and majority leader and look forward to and the ranking member for their will- our colleagues in the House to fully re- working with them as this bill pro- ingness to work with us on mentoring store funding for all Health Professions ceeds. funding as this appropriations bill Training Programs when the Labor- moves forward. It will make a big dif- HHS bill gets to conference. COMPREHENSIVE CANCER ACCOUNT SURVIVORSHIP PROGRAMS ference in many lives around the coun- Mr. SPECTER. Mr. President, I Mr. REID. Mr. President, I want to try. thank the distinguished majority lead- commend Senators HARKIN and SPEC- FUNDING FOR HEALTH PROFESSIONS TRAINING er for his comments and for his leader- TER for increasing funding for the CDC ship on these very important issues. He Mr. FRIST. Mr. President, I rise to Chronic Disease Comprehensive Cancer has truly been a leader in this area, engage the distinguished chairman and Account by $2.6 million in this bill, and he has consistently pushed for im- ranking member of the Labor, Health bringing the total funding for this ac- provements in Federal programs to and Human Services, and Education count to $12 million in FY 2004. Given Appropriations Subcommittee in a col- eliminate health disparities. In fact, he the tight budget constraints we are loquy. authored the Title VII and Title VIII facing this year, I am particularly ap- I want to thank the chairman for the Reauthorizations as chairman of the preciative of the increased funding hard work he has put into crafting the Senate Health, Education, Labor, and they were able to provide for this im- Labor-HHS bill that is currently before Pensions Committee’s Public Health portant program. us. I know that he faces many chal- Subcommittee during the 105th Con- The Comprehensive Cancer programs lenges in developing this important gress. support public and private partnerships legislation every year, and I commend As he knows, our subcommittee has a to reduce cancer incidence, morbidity, him for his leadership. As the chairman long history of supporting HRSA’s and mortality. These efforts are espe- knows, I am a very strong supporter of Health Professions Training programs. cially important to the growing num- Federal health professions training Senator HARKIN and I appreciate the ber of cancer survivors and their fami- programs. These important programs contributions these programs make to lies who are faced with a wide range of administered by the Health Resources our provider workforce through a vari- physical and emotional health com- and Services Administration, HRSA, ety of scholarships, loans, grants and plications after they have survived provide critical support to health pro- contracts. Unfortunately, the alloca- cancer. This is an especially critical fessions institutions, facilities, stu- tion that was provided to the sub- issue for children. dents and communities throughout the committee for FY04 did not permit us According to the Institute of Medi- country. to fully support these worthy initia- cine’s National Cancer Policy Board, Support from these programs is par- tives. I agree with the majority leader while childhood cancer was nearly al- ticularly important to our Nation’s that a restoration of funding for all ways fatal before 1970, 78 percent of pa- historically black health professions health professions programs should be tients today survive at least 5 years. schools. HRSA’s Health Professions our goal in conference. I am pleased to While this statistic represents a wel- Training for Diversity Programs, in- commit to the majority leader that I come trend and is a major victory cluding Minority Centers of Excel- will do all I can to fully restore funds against cancer, it raises new issues lence, Health Careers Opportunities, for the four diversity programs and, at that need to be addressed. Scholarships for Disadvantaged Stu- a minimum, bring funding for the other Cancer survivors, especially children, dents, and Faculty Loan Replacement, programs to the House level. are oftentimes plagued with neuro- support those institutions with a his- Mr. HARKIN. Mr. President, I want logical impairments, heart and lung toric commitment to training minori- to commend both my chairman, Mr. problems, growth and fertility dis- ties in the health professions. Without SPECTER, and the majority leader for orders, and psychological stresses support from these programs, many of their support of the Health Professions caused by treatment, complications of our historically black health profes- programs. My home State of Iowa is the cancer, or both.

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.128 S10PT2 S11338 CONGRESSIONAL RECORD — SENATE September 10, 2003 Over the past 3 years, 16 children in Mr. SPECTER. Mr. President, I Medicare Integrity Program, MIP, the small community of Fallon, NV, thank the Senator from Nevada for which provides contractors with dedi- have been diagnosed with a rare form raising this important issue. As he cated funding for critical fraud and of leukemia. Sadly, three of these chil- pointed out, the lack of a uniform and abuse detection activities, is not in- dren have since lost their battle with comprehensive cancer survivorship creased at all. Further, the money we cancer. However, thanks to chemo- plan is becoming a critical public provide does not account for any of the therapy and other promising treat- health issue for the millions of cancer new responsibilities contractors will ments, many of these children have survivors and their families and face if Medicare reform is enacted. shown tremendous progress and we are friends. That is why I worked with my I am concerned that inadequate fund- hopeful that they will make full recov- close friend Senator HARKIN to secure ing would be devastating to the admin- eries. increased funding for this program. istration of Medicare and the safe- While we are focused and doing ev- Like so many public health programs, erything we can to ensure that the guarding of the Medicare trust fund. especially within the Chronic Disease Those that will feel the impact most children in Fallon make full recov- Account, there is a lot more that can eries, we cannot stop there. We need to are Medicare beneficiaries and the pro- and should be done. I will work with viders that care for them. have support programs to ensure that my friend from Nevada and the con- I am told that if funding is not in- these children—and cancer survivors ferees to secure the highest possible creased to an adequate level, many around the country—receive the sup- funding level for comprehensive cancer Medicare contractors would have to re- port and care they need and deserve. programs. According to the IOM policy board, Mr. REID. I thank the chair and duce staff levels and eliminate certain up to 60 percent of survivors do not re- ranking member for their support for beneficiary and provider outreach ac- ceive coordinated follow-up care at spe- this effort, and I look forward to work- tivities. Since claims must be paid, the cialized clinics, which are best suited ing with them to secure the highest result will be decreased customer serv- for treating long-term medical and possible funding level for the Com- ice to beneficiaries and providers. I’m psychosocial needs. Moreover, pedi- prehensive Cancer Account and the certain we’ll hear from our constitu- atric oncologists are trained to battle cancer survivorship programs it sup- ents when they are faced with busy the cancers, but few are prepared to ports. phone lines, longer wait times for ques- treat the chronic medical conditions tions to be answered, reduced provider ADEQUATE FUNDING FOR MEDICARE that can follow. training on how to properly submit a A recent assessment of all the exist- CONTRACTORS Mr. HOLLINGS. Mr. President, I rise claim leading to the submission and ing comprehensive cancer control pro- potential payment of improper claims. grams showed that while all States to engage in a colloquy with the distin- were doing something with regard to guished chairman and ranking member I ask the Senators from Pennsyl- cancer survivorship, there was no uni- of the Labor-HHS-Education Appro- vania and Iowa to work with me to en- form, coordinated approach. The CDC, priations Subcommittee. As the Sen- sure that Medicare contractors receive in coordination with this country’s ators know, Medicare contractors play increased funding within the available leading cancer survivorship organiza- a critical role, partnering with the amounts appropriated in the bill. This tions, have started a year long plan- Federal Government to administer the is particularly critical if Medicare re- ning process to develop a National Pub- Medicare program. This year, these form is enacted. lic Health Action Plan on Cancer Sur- contractors will process over one bil- Mr. HARKIN. I appreciate my friend vivorship. This plan will chart the lion Medicare claims; they are the pri- from South Carolina’s remarks and I, course for the implementation of can- mary point of contact for beneficiaries too, share your concerns. I’d like to cer survivorship activities into State and providers and provide the first line point out that the Medicare Integrity comprehensive control programs, State of defense against Medicare fraud. Program has had a significant impact cancer registries and other public They are very efficient, with contrac- on reducing waste, fraud, and abuse in health functions, which will be avail- tors’ administrative costs representing Medicare. In fact, for every $1 spent able this winter for States to use. less than 1 percent of total Medicare fighting fraud and abuse through MIP We cannot afford to stay behind the benefits. activities, Medicare contractors save curve on this issue, which will surely While the subcommittee has done its the government $14. I understand that become an even bigger problem as NIH best to provide needed funding for MIP is now capped at $720 million de- research continues to improve treat- Medicare contractors over the years, spite continuing projected increases in ments. Providing increased funding to the fact exists that CMS and its Medi- claims volume. Therefore Congress the Comprehensive Cancer Account care contractors have been severely un- must authorize an increase in this per- will not only ensure that adequate derfunded for years. The problem has manent funding authority. I’d like us funds are available to disseminate the been more acute since the mid-to-late to work with the authorizing com- new survivorship plan to all States, but 1990s with the enactment of new Medi- mittee to increase MIP funding beyond also ensure that States will have the care laws placing additional respon- FY 2003 to ensure it meets the demands appropriate resources to implement sibilities with insufficient resources to of rising workloads and to appro- the plans. perform these new duties, e.g., HIPAA, priately safeguard the Medicare trust Mr. HARKIN. Mr. President, I share BBA ’97, BBRA ’99, BIPA 2000. Clearly fund. Senator REID’s support for the CDC’s funding has not kept pace with addi- Chronic Disease Comprehensive Cancer tional work. Mr. SPECTER. I thank the distin- program. As someone who has dedi- The pending Medicare reform legisla- guished Senators from South Carolina cated a good deal of my career to ad- tion, S. 1, if enacted, will exacerbate and Iowa. The Senate Appropriations vancing treatment and services for peo- funding problems for Medicare contrac- Committee approved $2,496,889,000 for ple with cancer, I especially appreciate tors. Hundreds of changes are made Medicare operations, the full amount the importance of this program. Hav- that will require more work by con- of the President’s budget request and ing lost my two sisters and my brother tractors, such as system changes to ad- an increase of $110,209,000 over the FY to cancer, I consider myself a cancer just provider payments, expedited ap- 2003 level. I share your concerns that survivor and know too well the toll peals processes and new coverage re- beneficiaries and providers receive the this disease takes on everyone. We are quirements. highest level of service by adequately under very tight budget constraints I know that the chairman and rank- funding Medicare contractors. We also this year, but we need to support the ing member share my concern that must ensure that the trust fund is pro- highest possible funding level for com- Medicare contractors receive adequate tected by adequately funding MIP. prehensive cancer in conference so we funding. The budget constraints we I thank the Senator from South can ensure every cancer survivor has face resulted in an insufficient 1.6 per- Carolina and the ranking member of access to the necessary and appropriate cent increase for Medicare contractor the subcommittee for raising these im- care before, during, and after cancer operations, even though claims volume portant issues, and I offer my commit- touches their life. is expected to rise 11 percent. The ment to work with you both to provide

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.112 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11339 Medicare contractors with the re- fact, I have introduced a whole bill fo- will make that task easier. During a dem- sources needed to best serve bene- cused on literacy and counseling and onstration of the program, Amstutz was able ficiaries and providers as well as en- school reform to address many of the to determine which fictional students were courage this Congress to authorize an issues contributing to high dropout likely dropout candidates—students who missed too many days recently or whose increase in the MIP funding so that we rates. But I know that funding these grades dropped suddenly. may appropriate those critically need- data systems can make a difference. ‘‘In the past, that would have taken a ed dollars. Over the last few years I have se- small army of people looking through ob- Mrs. MURRAY. Mr. President, my cured funds to help Washington State scure records,’’ Amstutz said. amendment helps States implement develop a data system that will truly HISD Chief Business Officer Cathy the No Child Left Behind Act by pro- support the mission of leaving no child Mincberg said the district developed its own viding $80 million for high quality data behind by ensuring that every child is program, using a $1.1 million federal grant, systems. I was proud to create this pro- counted. The work they have done to because no other school in the nation has such a comprehensive way of tracking stu- gram as part of our reauthorization of develop a high-quality, statewide sys- dents. the Institute of Education Sciences tem is really impressive, and I know last year because I saw a real need to that they and other States across our THE ‘‘ZERO DROPOUT’’ MIRACLE: ALAS! ALACK! help States do this right. Requiring country need this funding to make that A TEXAS TALL TALE lots of testing only has a benefit to our possible. (By Michael Winerip) students if the results of those tests I’d like to thank the Senators from HOUSTON, Aug. 13.—Robert Kimball, an as- are used to help teachers focus their New Hampshire and Nevada for work- sistant principal at Sharpstown High School, teaching on weak spots and to help su- ing with me to fund this program. You sat smack in the middle of the ‘‘Texas mir- perintendents, principals and policy- can see that this is not a partisan acle.’’ His poor, mostly minority high school makers direct resources where they are issue. We need to pass this amendment of 1,650 students had a freshman class of 1,000 needed most. and provide this funding to give States that dwindled to fewer than 300 students by Funding these data systems with this a critical tool to implement the No senior year. And yet—and this is the mir- acle—not one dropout to report! amendment will make sure that the Child Left Behind Act. I hope my col- Nor was zero an unusual dropout rate in testing and attendance data required leagues will join me in supporting this school district that both President Bush by No Child Left Behind are put to funding for this program. and Secretary of Education Rod Paige have good use. Frankly, when I come down I ask unanimous consent to have two held up as the national showcase for ac- here to the Senate floor I usually pre- articles printed in the RECORD. countability and the model for the federal fer to talk about students, teachers There being no objection, the mate- No Child Left Behind law. Westside High and parents—not data systems. But it rial was ordered to be printed in the here had 2,308 students and no reported drop- outs; Wheatley High 731 students, no drop- is clear to me that funding these data RECORD, as follows: outs. A dozen of the city’s poorest schools re- systems will do a lot more than buy [From the Houston Chronicle, July 30, 2003] ported dropout rates under 1 percent. computers and pay programmers. When TOOL TRACKS POTENTIAL DROPOUTS; PRO- Now, Dr. Kimball has witnessed many I wrote this program I worked closely FILER SOFTWARE LETS HISD KEEP TABS ON amazing things in his 58 years. Before he was with the Harvard Civil Rights Project. AT-RISK STUDENTS an educator, he spent 24 years in the Army, They also see the danger to students— (By Zanto Peabody) fighting in Vietnam, rising to the rank of mostly poor and minority students—if The Houston school district has a high- lieutenant colonel and touring the world. no one is keeping track of what’s hap- tech new way to keep high school dropouts— But never had he seen an urban high school pening to them. by catching them before they leave. with no dropouts. ‘‘Impossible,’’ he said. All the new testing and account- With a new computer database available at ‘‘Someone will get pregnant, go to jail, get every campus this fall, teachers can keep a killed.’’ Elsewhere in the nation, urban high ability required in No Child Left Be- schools report dropout rates of 20 percent to hind creates a real risk that kids who virtual eye on every student and identify those at risk of leaving. For the first time, 40 percent. are having trouble passing those tests educators can look up a student’s attendance A miracle? ‘‘A fantasy land,’’ said Dr. will drop out or be pushed out of and discipline records, immigration status, Kimball. ‘‘They want the data to look won- school. The newspapers have been filled grades, and test scores at one source and use derful and exciting. They don’t tell you how in recent months with stories of these that information to predict dropouts. to do it; they just say, ‘Do it.’’’ In February, so-called ‘‘pushouts’’—students who ‘‘All students will know someone is watch- with the help of Dr. Kimball, the local tele- are discouraged from completing ing them, tracking them, and is interested in vision station KHOU broke the news that Sharpstown High had falsified its dropout school because their test scores are low their success,’’ school board member Laurie Bricker said at a news conference Wednes- data. That led to a state audit of 16 Houston and threaten the school’s ‘‘adequate day. schools, which found that of 5,500 teenagers yearly progress.’’ Houston Independent School District has surveyed who had left school, 3,000 should The focus on this new phenomenon been developing the PASS software—the have been counted as dropouts but were not. has raised serious questions about the Profiler for Academic Success of Students— Last week, the state appointed a monitor to ‘‘Texas Miracle’’ by pointing out the for more than three years, Chief Academic oversee the district’s data collection and large numbers of students who are sim- Officer Robert Stockwell said, but recent downgraded 14 audited schools to the state’s ply disappearing from our school sys- events have underscored the need for it lowest rating. Not very miraculous sounding, but here is tems. In July, the Houston Chronicle Starting with an investigation of possible dropout-reporting fraud at Sharpstown High the intriguing question: How did it get to the ran an article celebrating a new sys- School and culminating with a state audit point that veteran principals felt they could tem—funded through a Federal grant— that may lower the district’s accountability actually claim zero dropouts? ‘‘You need to that is helping educators in Houston rating, HISD has come to know how badly it understand the atmosphere in Houston,’’ Dr. keep kids in school. They are using a handles some student data. Kimball said. ‘‘People are afraid. The super- data system to help lower their drop- ‘‘The dropout issue is a key battleground intendent has frequent meetings with prin- out rate, and they are definitely not for our future,’’ Stockwell said. ‘‘We must cipals. Before they go in, the principals are the only ones who need help to do that. keep these students in school and learning. really, really scared. Panicky. They have to make their numbers.’’ The high quality, longitudinal, state- Failure is not an option.’’ The Sharpstown investigation showed that Pressure? Some compare it to working wide data systems that this amend- employee can and have changed student under the old Soviet system of five-year ment would help build are one of the records to reflect lower dropout rates. The plans. In January, just before the scandal best tools we have to keep kids in state investigation and one by a district task broke, Abelardo Saavedra, deputy super- school. force exposed computer records managed so intendent, unveiled Houston’s latest man- Information is a powerful tool, and badly that the district has no way of know- dates for the new year. ‘‘The districtwide only by knowing which students are ing where students have gone. student attendance rate will increase from not showing up can our schools make In an attempt to escape Texas Education 94.6 percent to 95 percent,’’ he wrote. ‘‘The an effort to find those students and Agency sanctions, HISD has promised to districtwide annual dropout rate will de- monitor students at risk of quitting. District crease from 1.5 percent to 1.3 percent.’’ help them. There are a lot of chal- officials also are considering a plan to assign Dropuots are notoriously difficult to track, lenges today to keeping our teenagers an adult to each at-risk student. particularly at a heavily Latino school like in school, and I am not saying that Lee High School Principal Steve Amstutz Sharpstown, with immigrants going back data systems are the only answer. In said the newest version of the PASS program and forth to Mexico. Dr. Kimball said that

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.113 S10PT2 S11340 CONGRESSIONAL RECORD — SENATE September 10, 2003 Sharpstown shared one truant officer with math and science education in this today, our institutions of higher learn- several schools. Even so, Houston officials country. ing are not producing enough grad- would not allow principals to write that the The No Child Left Behind Act took uates with degrees in the requisite sci- whereabouts of a departed student were ‘‘un- some major steps in the right direction entific programs to meet our country’s known.’’ Last fall, Margaret Stroud, deputy superintendent, sent a memorandum warn- towards improving math and science future national security needs. If this ing principals to ‘‘make sure that you do not education at the K–12 level. continues, how will we defend our Na- have any students coded ‘99,’ whereabouts However, our work is not done. The tion and defend freedom? Will we rely unknown.’’ Too many ‘‘unknowns,’’ she Federal Government is not doing more heavily on importing highly wrote, could prompt a state audit—the last enough at the higher education level to skilled workers than we have in the thing Houston leaders wanted. ensure that our Nation’s colleges and past? A shortage of resources to track departing universities are producing graduates to To ensure our country’s role in the students? No ‘‘unknowns’’ allowed? What to meet our country’s national security future, we must look within our bor- do? ‘‘Make it up,’’ Dr. Kimball said. ‘‘The needs. ders to meet these needs. principals who survive are the yes men.’’ Unfortunately, today, a look inside As for those who fail to make their num- This is evidenced by the fact that bers, it is termination time, one of many in- legislation was signed into law by our borders shows that this country is novations championed by Dr. Paige as super- President Clinton in 2000 to allow facing a dire shortage of math, science, intendent here from 1994 to 2001. He got rid of America’s employers to bring into this and engineering students. According to tenure for principals and mandated that they country almost 200,000 highly skilled the National Science Foundation sign one-year contracts that allowed dis- foreign workers a year through the H– (NSF), the engineering, mathematics, missal ‘‘without cause’’ and without a hear- 1B visa program. America’s employers and science fields show declining num- ing. bers of degrees. On the other hand, for principals who needed these highly skilled workers to fill job vacancies in high tech, engi- Over the last 20 years, there has been make their numbers, it is bonus time. Prin- a 20 percent decrease in the number of cipals can earn a $5,000 bonus, district ad- neering, science and other highly ministrators up to $20,000. At Sharpstown skilled positions. people receiving bachelors’ degrees in High alone, Dr. Kimball said, $75,000 in bonus Why couldn’t we fill these almost engineering . Moreover, during roughly the same money was issued last year, before the ficti- 200,000 job vacancies a year with Amer- time, the number of students grad- tious numbers were exposed. ican workers? Because this country’s Dr. Paige’s spokesman, Dan Langan, re- uating with bachelors in physics has educational system was not producing ferred dropout questions to Houston offi- dropped by nearly 20 percent, and the enough graduates with degrees in these cials, but said that the secretary was proud number graduating with a bachelors in highly skilled fields to meet the de- of the accountability system he established mathematics has decreased more than mand. here, that it got results and that principals 25 percent. freely signed those contracts. Admittedly, not long after this legis- While the U.S. produces fewer and Terry Abbott, a Houston district spokes- lation was signed into law, America’s fewer mathematicians, scientists, and man, agreed that both Dr. Paige and the cur- economy was hit by a decline, and this rent superintendent, Kaye Stripling, pres- engineers, the rest of the world is mak- decline was greatly exacerbated with ing up the difference. And, America is sured principals to make district goals. the events of September 11. But our ‘‘Secretary Paige said, and rightfully so, the importing them. We are grateful for public has a right to expect us to get this job economy is bouncing back. their willingness to come to our shores done,’’ Mr. Abbott said. The principals were Regardless, we must not forget the and share their exceptional talents. not cowed, he said, declaring, ‘‘They thrive lessons learned on September 11. One of America, however, must now take on it.’’ Every administrator under Dr. Paige the clearest messages was that we live steps to encourage, at all levels of our and Dr. Stripling, Mr. Abbott said, has un- in a dangerous and ever-changing educational process, young people to derstood ‘‘failure is not an option’’ and ‘‘that world. failure to do our jobs can mean that we could undertake the training necessary to Our world is much more dangerous meet our Nation’s demands. lose those jobs—and that’s exactly the way today in many aspects than it was it should be.’’ There is no doubt the course work is As for adequate resources for truant offi- when I served this country with brief rigorous, particularly the long hours in cers to verify dropouts, he said individual tours of duty in World War II and the the laboratory. I learned firsthand the schools decided how to use their resources, Korean War. rigors involved in earning an engineer- but added, ‘‘money is not the problem, and While citizens of this country sleep ing degree because as a consequence of money by itself won’t solve the issues we each night, the other half of the world my military service, I was privileged to deal with every day.’’ is thinking and contriving of every pos- receive from my great Nation GI bill To skeptics like Dr. Kimball, the parallels sible way to take the business and the education benefits. Without these ben- to No Child Left Behind are depressing. The economy from the United States of federal law mandates that every child in efits, I would not have earned my engi- America pass reading and math proficiency America. In addition, while we are neering degree and would not have tests by 2004—a goal many educators believe sleeping, people all over the world are achieved my career goals. is as impossible as zero dropouts. And like trying to figure out how to come and However, given the rigors, and given Houston’s dropout program, President Bush’s take our security and our freedom the great need for graduates with back- education budget has been criticized as an away from us. grounds in scientific courses of study, underfinanced mandate, proposing $12 billion Once there was a great ocean that it is an absolute necessity for the Con- this year for Title 1, $6 billion below what protected this nation. Now, with cyber- gress to help in every way to inspire the No Child Left Behind law permits. ‘‘This space, and all the other modern tech- isn’t about educating children,’’ Dr. Kimball and reward America’s youth to pursue said. ‘‘It’s about public relations.’’ nologies it is simply one world in econ- scientific courses of study. If Houston officials were interested in ac- omy, one world in national security. Accordingly, I have submitted an countability, he said, they would assign him Our country must continually be pre- amendment to this bill to encourage to a high school to monitor the dropout data pared to meet these threats. individuals to pursue programs of that he has come to understand so well. In- One way we can ensure that we are study in math, science, and engineer- stead, after he blew the whistle on prepared to meet these ever-changing ing. Sharpstown High, he was reassigned, for four 21st century threats is to ensure that The amendment is simple. It simply months, to sit in a windowless room with no America’s young minds gain the tech- provides that the maximum Pell Grant work to do. More recently, he has been serv- nical expertise necessary to understand ing as the second assistant principal at a pri- award an individual can receive will be mary school, where, he said, he is not really and defend against these threats. increased by 50 percent if he or she pur- needed. ‘‘I expect when my contract is up Now, I love Shakespeare. I love the- sues a program of study in math, next January, I’ll be fired,’’ he said. ‘‘That’s ater. I love music, and I love political science, or engineering. how it works here.’’ science, sociology and a lot of the lib- As you know, the Pell Grant pro- Mr. WARNER. Mr. President, in our eral arts disciplines. Majors in these gram, which is funded at about $12 bil- efforts to ensure that the United disciplines are important to a well- lion a year, is one of the most success- States remains an economic and mili- rounded and enlightened citizenry. ful and respected educational initia- tary superpower in the 21st century, we However, I also love this country, tives taken by the Congress. The con- must strive to improve the quality of and I love freedom. Unfortunately, cept behind the Pell Grant properly

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.116 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11341 recognizes the needs of young people Chair be authorized to appoint con- Mrs. MURRAY, Ms. LANDRIEU, and Mr. coming from economic backgrounds ferees on the part of the Senate. BYRD conferees on the part of the Sen- which make it difficult for them to ac- The PRESIDING OFFICER. This is ate. quire higher education. following passage of the bill. The PRESIDING OFFICER. The Sen- Nevertheless, we in the Congress Is there objection? ator from Kentucky. have an obligation when expending tax- Without objection, it is so ordered. f payer money, to do so in a manner that The bill having been read the third MORNING BUSINESS meets our Nation’s needs. Our Nation time, the question is, Shall the bill, as desperately needs more trained stu- amended, pass? Mr. MCCONNELL. Mr. President, I dents in math, science, and engineer- The clerk will call the roll. ask unanimous consent that there now ing. That is an indisputable objective. The legislative clerk called the roll. be a period of morning business with The Pell Grant program, in my judg- Mr. MCCONNELL, I announce that Senators speaking up to 10 minutes ment, offers Congress the opportunity the Senator from New Hampshire (Mr. each. to provide incentives for student re- SUNUNU) and the Senator from Oregon The PRESIDING OFFICER. Without cipients to pursue curricula in math, (Mr. SMITH) are absent because of a objection, it is so ordered. science, and engineering. death in the family. f My Pell Grant amendment is one Mr. REID. I announce that the Sen- TRAGIC DEATH OF ARTHUR C. idea, but I am certain it is not the only ator from North Carolina (Mr. ED- HELTON WARDS), the Senator from Florida (Mr. idea. As a member of the Senate’s Edu- Mr. KENNEDY. Mr. President, all of GRAHAM), the Senator from Massachu- cation Committee, I hope that my us who knew and worked with Arthur setts (Mr. KERRY), and the Senator chairman, Senator GREGG, will sched- Helton lost a dedicated friend, impas- from Connecticut (Mr. LIEBERMAN) are ule hearings as part of the reauthoriza- sioned human rights activist, and in- necessarily absent. tion of the Higher Education Act to spiring humanitarian in the bombing of I further announce that, if present look into our system of higher edu- the U.N. headquarters in Iraq last and voting, the Senator from Massa- cation and whether this country is on month. I extend my heartfelt sym- chusetts (Mr. KERRY) would vote track to produce graduates who meet pathy to Arthur’s wife Jacqueline and the current and projected needs of this ‘‘yea.’’ their family during this difficult time. The PRESIDING OFFICER. Are there country. His never-failing spirit, his unique At this time, I will not offer my any other Senators in the Chamber de- dedication, and his selfless and com- amendment in order to give the Edu- siring to vote? passionate approach to all he did will cation Committee a sufficient oppor- The result was announced—yeas 94, be profoundly missed. tunity to address this issue. nays 0, as follows: Arthur Helton’s extraordinary com- At some time in this Congress, [Rollcall Vote No. 347 Leg.] mitments to human rights and to those though, I fully intend to reintroduce an YEAS—94 in need constantly shone through in amendment along these lines after the Akaka DeWine Lott the caring and courageous life he led, committee has reviewed the issues, Alexander Dodd Lugar and will continue to do so in the legacy after I get the views of the administra- Allard Dole McCain he leaves behind. At the time of his tion, and after the wide range of people Allen Domenici McConnell Baucus Dorgan Mikulski death, he was attending a meeting with who on a daily basis review the Pell Bayh Durbin Miller the United Nations envoy to Iraq on Grant program have an opportunity to Bennett Ensign Murkowski ways to improve the plight of the Iraqi share their views as well. Biden Enzi Murray Bingaman Feingold people in the wake of the war and con- Nelson (FL) Mr. SPECTER. I ask for the yeas and Bond Feinstein dition in which they live. Nelson (NE) nays on final passage. Boxer Fitzgerald Nickles Throughout his brilliant career, Ar- The PRESIDING OFFICER. Is there a Breaux Frist thur was always an advocate in the Brownback Graham (SC) Pryor sufficient second? Bunning Grassley Reed forefront of the ongoing struggle for There is a sufficient second. Burns Gregg Reid refugee and human rights, and it is no The yeas and nays were ordered. Byrd Hagel Roberts surprise that he was there at the heart The PRESIDING OFFICER. The ma- Campbell Harkin Rockefeller of the action in Iraq at that tragic mo- Cantwell Hatch Santorum jority leader. Carper Hollings Sarbanes ment when the guerrillas and terrorists Mr. FRIST. Mr. President, the next Chafee Hutchison Schumer made their murderous move. vote will be the last vote of the week. Chambliss Inhofe Sessions As an attorney with the Lawyers Tomorrow morning, the Senate will Clinton Inouye Shelby Committee for Human Rights, Arthur convene at 8:30 in order to recognize Cochran Jeffords Snowe Coleman Johnson Specter came to the aid of 2000 Haitian refugees the second anniversary of the Sep- Collins Kennedy Stabenow detained in Florida in 1982, obtaining tember 11 tragedy. Throughout tomor- Conrad Kohl Stevens their release and finding volunteer at- Cornyn row, there will be various events to Kyl Talent Corzine Landrieu torneys for each of them. Most re- Thomas honor those who perished on that date Craig Lautenberg cently, he held the position of Director Voinovich 2 years ago. Tomorrow morning, there Crapo Leahy Warner of Peace and Conflict Studies at the will be four different moments of si- Daschle Levin Council on Foreign Relations in New Dayton Lincoln Wyden lence which will begin with the ringing York City. There was no limit to his of a bell just outside the Chamber NOT VOTING—6 vision. The beautiful life he lived was doors. Members are welcome to come Edwards Kerry Smith always an inspiration to all of us who to the floor tomorrow morning to par- Graham (FL) Lieberman Sununu care about respect for human rights in ticipate and give remarks if they The bill (H.R. 2660), as amended, was every land on earth. choose. passed. Time and again, Arthur Helton gave We will also conduct business during (The bill will be printed in a future to all of us in Congress invaluable ad- tomorrow’s session. However, any roll- edition of the RECORD.) vice on these all-important issues. We call votes ordered on Thursday or Fri- The PRESIDING OFFICER. Under were always amazed by his dedication day will be scheduled to occur on Mon- the previous order, the Senate insists and his expertise, and we were grateful day. I thank all Members. on its amendment and requests a con- for the unfailing wisdom of his counsel. The PRESIDING OFFICER. The Sen- ference with the House on the dis- His death in Baghdad is a great loss for ator from Pennsylvania. agreeing votes of the two Houses. all of us, and for the cause of refugee Mr. SPECTER. Mr. President, I now The Presiding Officer (Mr. COLEMAN) and human rights he served so passion- ask unanimous consent that the Sen- appointed Mr. SPECTER, Mr. COCHRAN, ately and well. ate insist on its amendment to H.R. Mr. GREGG, Mr. CRAIG, Mrs. HUTCHISON, I ask unanimous consent to print in 2660, request a conference with the Mr. STEVENS, Mr. DEWINE, Mr. SHELBY, the RECORD the following com- House of Representatives on the dis- Mr. DOMENICI, Mr. HARKIN, Mr. HOL- mentaries on the life of Arthur C. agreeing votes thereon, and that the LINGS, Mr. INOUYE, Mr. REID, Mr. KOHL, Helton.

VerDate jul 14 2003 01:25 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G10SE6.152 S10PT2 S11342 CONGRESSIONAL RECORD — SENATE September 10, 2003 There being no objection, the mate- University Law School in 1976. He is survived the most prestigious firms in the United rial was ordered to be printed in the by his wife, the former Jacqueline Dean Gil- States with refugees seeking asylum from RECORD, as follows: bert of New York City. They were married in persecution, many of whom were indigent. 1982. The program Helton started now represents [From the New York Times, Aug. 21, 2003] more than 1,000 asylum seeks each year, win- ARTHUR HELTON, 54, REFUGEE ADVOCATE, [From the Council on Foreign Relations, 2003 ning more than 90 percent of its cases. DIES Annual Report] Helton’s first breakthrough in refugee ad- (By Paul Lewis) DEDICATION, ARTHUR C. HELTON, 1949–2003 vocacy in the U.S. was in 1982 when close to Arthur C. Helton, a New York lawyer and All of us at the Council on Foreign Rela- 2,000 Haitian refugees were being held in de- human rights activist who devoted most of tions were deeply saddened by the tragic loss tention in Florida. his professional life to the help and protec- of our colleagues and friend, Arthur C. ‘‘Arthur persuaded me to promise a federal tion of refugees, died in the bomb attack on Helton, in the August 19, 2003, bombing of judge that if these Haitians were released, the United Nations headquarters in Baghdad the United Nations headquarters in Baghdad. we would find volunteer lawyers across the on Tuesday, the Council on Foreign Rela- Arthur was one of our most distinguished country for all 2,000 Haitians,’’ Posner said. tions announced yesterday. He was 54. senior fellows and noted expert on refugee ‘‘And he did it. He devised a strategy to iden- Mr. Helton, who was the director of peace and humanitarian issues and international tify local lawyers in 20 states. Working with and conflict studies at the council and senior law. A respected lawyer and human rights the American Bar Association, he recruited fellow for refugee studies and preventive ac- activist, he devoted his life to improving the lawyers, trained them and connected them tion, was visiting Baghdad to assess condi- lives of others. At the time of his death, he with the Haitian refugees. As we now know, tions in Iraq. was in Iraq to consult with the United Na- 20 years later, he also helped foster a cadre When the bomb exploded, the council said, tions to help find ways to releive human suf- of lawyers who understand refugee issues, he was scheduled to meet with the top fering there. care about refugee rights, and fight for ref- United Nations official there, Sergio Vieira Arthur was Director of Peace and Conflict ugee protection. Studies and Senior Fellow for Refugee Stud- de Mello, who was also killed in the blast. At the same time, in the early 80s, Helton ies and Preventive Action at the Council. He ‘‘Arthur was one of our most respected sen- was at the center of virtually every legisla- was also an adjunct professor at Columbia ior fellows and a noted expert on refugee and tive and regulatory battle involving refu- University Law School. Prior to joining the humanitarian issues and international law,’’ gees. Richard N. Haass, the council’s president, Council in 1999, he founded and directed the said in a statement. ‘‘The world has lost a Forced Migration Projects at the Open Soci- ‘‘He shaped U.S. national policy regarding devoted and talented champion of the rights ety Institute and directed the Refugee refugees,’’ Posner said. ‘‘Over the two dec- of the dispossessed.’’ Project at the Lawyers Committee for ades of Arthur’s work, in both Washington Last year Mr. Helton published ‘‘The Price Human Rights. and Geneva, he helped countless refugees in of Indifference: Refugees and Humanitarian ‘‘From representing Haitian boat people all corners of the world.’’ Action in the New Century’’ (Oxford Univer- incarcerated at the Brooklyn Navy Yard in Helton also focused internationally. He led sity Press), in which he analyzed responses 1981 in New York, to interviewing displaced delegations around the world to study the to the refugee crises of the 1990’s and made Serbs from Kosovo residing in Belgrade in situation of displaced people in Central practical proposals for improving the treat- 2001, refugees have taken me on a remark- America and other refugee issues in South- ment of people displaced by conflicts. able professional journey,’’ Arthur wrote in east Asia, Africa, Russia, and the Middle The United Nations secretary general, Kofi the preface of his 2002 book, The Price of In- East. Because of this work, he was one of the Annan, wrote in commenting on the book: difference: Refugess and Humanitarian Ash- leading outside advisors to the United Na- ‘‘Mr. Helton not only asks important ques- ton in the New Century. Arthur’s colleagues tions on refugee issues, and pushed the Office tions, but also makes ambitious policy rec- at the Council and elsewhere are honored to of the U.N. High Commissioner for Refugees ommendations. His book is a welcome con- have witnessed and participated in his re- to adopt strong refugee protection policies. tribution to the debate on humanitarian ac- markable journey. With his death, the world ‘‘Arthur was right in the center of figuring tion and will undoubtedly help us to manage has lost a devoted and talented champion of out how the UN should deal with refugee humanitarian challenges better in the fu- the rights of the dispossessed. We will miss issues,’’ Posner said. ‘‘When he’d go to Gene- ture.’’ him. va, he met with everyone who mattered. It Mr. Helton began his work with refugees in was in the context of this work that he met 1982 when he joined the Lawyers Committee [From the Lawyers Committee for Human Sergio de Mello.’’ for Human Rights in New York to lead its Rights, Aug. 20, 2003] At the time of the bombing, Helton was Refugee Rights Program, devoted to helping LAWYERS COMMITTEE MOURNS DEATH OF scheduled to meet at the U.N. headquarters win asylum in the United States for those ARTHUR C. HELTON IN U.N. BOMBING in Baghdad with Sergio Vieira de Mello, the fleeing political and religious persecution in NEW YORK.—The Lawyers Committee for U.N’s chief envoy to Iraq. De Mello was also their home countries. Human Rights mourns the death of refugee killed in the bombing. He created a much-replicated program expert Arthur C. Helton, who died in the ‘‘Arthur was legendarily hard working and under which lawyers from some of the most bombing at the United Nations in Baghdad tenacious. He was not afraid to have an au- prestigious firms in the United States pro- on Tuesday. dacious idea and he was not afraid to carry vided free help to poor refugees in their Helton, a leading authority on refugee and it out, which he did successfully’’ Posner quest for asylum. humanitarian issues, worked at the Lawyers said. ‘‘I can remember many times when peo- During his first year at the Lawyers Com- Committee for 12 years, from 1982 to 1994, ple—everyone it seemed—would tell Arthur mittee, Mr. Helton secured the release of where he led the Refugee Rights Program. he couldn’t do something, and then with his some 2,000 fugitives from Haiti held in Flor- Helton’s most recent position was with the singular grit and determination, he would ida after convincing a federal judge that he Council on Foreign Relations, as the Direc- make it happen. Refugees around the world would find volunteer lawyers to represent tor, Peace and Conflict Studies and a Senior have lost a tireless advocate, a great friend, them at formal asylum hearings. Fellow, Refugee Studies and Preventive Ac- and one of their leading and brightest ‘‘He was one of the first people, if not the tion. lights.’’ first, working at a human rights organiza- ‘‘People now talk about how refugee rights tion with an exclusive focus on refugee pro- are human rights,’’ said Michael Posner, Ex- The Lawyers Committee extends its sym- tection of displaced people,’’ said Michael ecutive Director of the Lawyers Committee pathy to Jackie, Helton’s wife, and to his Posner, executive director of the Lawyers for Human Rights. ‘‘Arthur was in the fore- family. Committee. ‘‘He was a major force in build- front of promoting that idea. He was one of ing concern for refugees, first in the United the first people, if not the first, working at [From abanet.org, Aug. 2003] States and then he took that concern inter- a human rights organization with an exclu- STATEMENT OF DENNIS W. ARCHER, PRESI- national.’’ sive focus on refuge protection and the pro- DENT, AMERICAN BAR ASSOCIATION, REGARD- Mr. Helton toured disaster areas to study tection of displaced people. He was a major ING DEATH OF ABA MEMBER ARTHUR and help refugees and other displaced people. force in building concern for refugees first in HELTON IN IRAQ BOMBING (AUGUST 19, 2003) He was a leading adviser to the United Na- the U.S. and then he took that concern inter- tions High Commissioner for Refugees on ref- national.’’ A strong and impassioned voice for refu- ugee issues. When the Lawyers Committee for Human gees and immigrants has been silenced. The He was an adjunct professor at Columbia Rights was founded in 1978, one of its pro- legal profession feels a profound loss over the University Law School where he taught im- grams was devoted to helping win asylum in death of Arthur C. Helton: lawyer, scholar migration law. He also taught at New York the United States for those fleeing political and humanitarian. Helton was killed in Iraq University Law School and at the Central and religious persecution in their home in the midst of meeting with United Nations European University in Budapest. countries. Helton took that idea and created officials on important issues facing the war- Arthur Cleveland Helton was born in St. an inovative—and now much replicated—pro torn country. He died as he lived, working Louis on Jan. 24, 1949. He graduated from Co- bono representation program for asylum indefatigably to help rebuild the lives of lumbia College in 1971 and from New York seekers. His idea was to connect lawyers at those who had lost their histories, homes

VerDate jul 14 2003 01:25 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.130 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11343 and borders as a result of armed conflict. His others (according to reports, Sergio and Ar- less people benefited immeasurably by Ar- advocacy on behalf of the most vulnerable in thur were meeting together when the bomb thur’s work.’’ our society epitomized the ideals of liberty went off). A lawyer, human rights activist, and pol- and justice that the American Bar Associa- Arthur and Gil’s columns for icy analyst, Arthur was the long-time direc- tion so deeply values. His legacy of selfless- openDemocracy on Iraq were only part of tor of the Lawyers Committee for Human ness, courage and devotion to the refugee their concern with crises of human displace- Rights’ Refugee Project. One of the foremost cause serve as an inspiration to all who ment, food insecurity, health and shelter experts in refugee law, he founded the Forced value human rights. Our thoughts and pray- deprivation—and how these problems are Migration Project at the Open Society Insti- ers are with his family. dealt with (usually inadequately, and often tute in New York City. Most recently he without taking to heart the lessons of the served as the Director of Peace and Conflict [From www.opendemocracy.net, Aug. 21, past) by state, humanitarian and other Studies and senior fellow for refugee studies 2003] organisations. There was huge and impor- and preventative action at the Council of ARTHUR HELTON: A TRIBUTE FROM tant work to be done here, and for Foreign Relations. OPENDEMOCRACY openDemocracy’s global membership to en- Helton also contributed to PHR’s publica- tion Medical Victims of Torture: A Physi- (By Caspar Henderson and David Hayes) gage with. We had hardly begun. We salute Arthur Helton. We will miss him cians Guide to Asylum Cases. Arthur C. Helton, Director of Peace and very much. We commit ourselves to building PHR staff expressed their personal appre- Conflict Studies at the Council on Foreign on his work and helping to make real the ciation for Arthur’s deep commitment to im- Relations and a regular columnist for better world to which he dedicated his life. proving the lives of those who have suffered openDemocracy, was killed in the bombing There is much to do. untold misery, and their deepest condolences of the United Nations headquarters in Bagh- to his wife, Jacqueline, and his family and dad on 19 August. His colleague and co-col- [From Human Rights Watch, Aug. 20, 2003] friends. umnist, Gil Loescher, was critically injured. HUMAN RIGHTS WATCH MOURNS DEATH OF Caspar Henderson and David Hayes pay trib- REFUGEE ADVOCATE ARTHUR C. HELTON [From www.lirs.org] ute on behalf of openDemocracy. Human Rights Watch mourns the loss of LIRS AND ISS–USA MOURN LOSS OF GREAT The bomb attack on the headquarters of HUMANITARIAN the United Nations operation in Baghdad on Arthur Helton, a leading advocate for refu- Lutheran Immigration and Refugee Serv- 19 August which killed the UN special rep- gees and internally displaced persons, who ice (LIRS) and its subsidiary International resentative in Iraq, Sergio Vieira de Mello, was among the victims of the bombing of the Social Service, United States of America injured more than 100 and killed at least 18 United Nations headquarters in Baghdad. Branch (ISS–USA) join myriad human rights other people. Among the dead was Arthur Arthur Helton, director of peace and con- and immigrant advocates around the world Helton, the co-columnist of flict studies at the Council on Foreign Rela- in mourning the loss of Arthur C. Helton. A openDemocracy’s humanitarian monitor. tions in New York, was a valued colleague The other half of this openDemocracy part- and longtime friend to Human Rights Watch. New York human rights lawyer who served nership, Gil Loescher, was critically injured He was among the small circle of advisors as director of peace and conflict studies and in the blast, and has been transferred to hos- who first encouraged and supported Human senior fellow for refugee studies and preven- pital in Germany, where, at the time of writ- Rights Watch’s work on the rights of refu- tive action for the Council on Foreign Rela- ing he is in a critical condition. gees and displaced persons. He was a member tions, Arthur died in the August 19 bombing Arthur’s death is a dreadful loss to his of the advisory committee of Human Rights of the United Nations headquarters in Bagh- family, friends and colleagues. Our thoughts Watch’s Africa Division and provided ready dad, where he had gone to assess humani- and condolences are with them. We are with advice on a wide range of refugee issues from tarian conditions. He was 54. While mourning his loss, we are thankful Gil and his family in spirit too. Eastern Europe to North Korea. Despite his This tragedy impacts heavily on own busy schedule, he was generous with his for his long and generous friendship and openDemocracy. Arthur was a good friend of time and expertise and his judgments were service to our agencies, especially his service this enterprise and one of the people who always measured, thoughtful and insightful. as chair of the board of directors for ISS– made it what it is. He and Gil first ap- But more than this, as head of the Refugee USA from 1994 through 2003. Arthur’s death is a tragic loss to refugees, proached us with a project and a vision that Program at the Lawyers Committee for asylum seekers and displaced people and to chimed with what we wanted to do: to facili- Human Rights, the Forced Migration Project all those dedicated to peace and justice. A tate serious, constructive global conversa- at the Open Society Institute, and as a law distinguished and prolific scholar, he was a tion on key issues of our time. We built up professor at NYU and Columbia, Arthur citizen of the world with a deep under- a strong working relationship from which we Helton was an invaluable mentor to many standing of geopolitical forces and realities. never ceased to learn new things. Human Rights Watch staff members. He was Arthur was a serious, indefatigable scholar a great friend to many of us, who found his Arthur’s visionary spirit was balanced with with extraordinary range. He was warm and acerbic wit a cheering tonic while battling realism, and he was capable of responding to humorous too. I (Caspar Henderson) will not official indifference. complex problems by mobilizing systemic forget his kindness when I visited him in the His death is a loss not only to Human change to dramatically alter daily life for grand premises of the Council on Foreign Re- Rights Watch and other international orga- millions. As a mentor and inspiration to lations in New York earlier this year, and nizations, but to the millions of refugees and many, his life was a catalyst for linking peo- the touch of irony with which he showed me displaced persons the world over who bene- ple across agencies, ideologies and borders. a photographic tribute to his work in the fited, however unknowingly, from his hard- The memory of his life and work will con- hallway of the Pratt house. In contrast to nosed and persuasive advocacy. Last year tinue to guide and inspire us. Condolences may be sent to Arthur’s pictures associated with many of his col- the increasingly slim and trim Arthur ran widow, Ms. Jacqueline D. Gilbert, 245 7th Av- leagues, which mainly showed important and completed the New York Marathon. On enue, Apartment 10B, New York, N.Y. 10001 guys in suits and ties shaking hands or dra- explaining his reason for going to Iraq, Ar- matic shots of military situations, Arthur’s thur had insisted it was ‘‘to avoid running f another marathon!’’ picture showed a refugee mother and child. SENATOR VANCE HARTKE ‘‘The token soft power guy around here’’ he Human Rights Watch extends its condo- joked. lences to Arthur’s wife Jacqueline Gilbert; Mrs. BOXER. Mr. President, I join Arthur and Gil’s humanitarian monitor and to his longtime assistant Marie Jeannot. my colleagues in paying tribute to combined expert understanding of the many former Senator Vance Hartke of Indi- [From www.phrusa.org, Aug. 20, 2003] dimensions of humanitarian crises—legal, ana, who passed away this summer. political, logistical, military, historical— PHR MOURNS THE LOSS OF LONGTIME Throughout his three terms in the REFUGEE ADVOCATE ARTHUR C. HELTON with a willingness to think beyond current Senate, Vance Hartke was known for models. This search for complex and chang- Physicians for Human Rights (PHR) his tremendous energy, vision, and ing truths led them to interview many of the mourns the loss of Arthur C. Helton, a great key figures in the field—from government thinker and leader in the defense of refugee courage. ministers and UN administrators to refugees rights. Arthur Helton died in Tuesday’s First elected to the Senate as part of and asylum-seekers at the sharpest end of bomb attack on the UN office in Baghdad the great Democratic class of 1958, policy. where he was scheduled to meet with the Vance Hartke campaigned with leg- Because of their true seriousness and re- UN’s Sergio Vieira de Mello, also killed in endary vigor and vim, visiting every fusal to posture, their column reached out to the blast. county and town in Indiana and stop- and was read by influential actors and think- ‘‘This is a devastating loss,’’ said Susannah ping to talk and listen to everyone who ers across a range of bodies and ways of look- Sirkin, Deputy Director of Physicians for would stand still. He worked hard to ing at the world, including the military and Human Rights. ‘‘Human rights and refugee academic communities, international insti- advocates have lost one of the most knowl- benefit his home State, using his chair- tutions and activists. Sergio Vieira de Mello edgeable, experienced, and dedicated experts manship of the Commerce Transpor- was an enthusiastic reader of their work on defending men, women, and children dis- tation Subcommittee to bring key road openDemocracy, recommending it warmly to placed from their homes. The lives of count- and rail projects to the Hoosier State.

VerDate jul 14 2003 01:25 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.134 S10PT2 S11344 CONGRESSIONAL RECORD — SENATE September 10, 2003 Senator Hartke helped enact land- and their families make a concentrated most precious resources, providing our mark legislation, including the pro- effort to not only remain active in veterans the final respect and honor gressive programs that made up Presi- school and throughout the community they have earned. dent Lyndon B. Johnson’s Great Soci- but also to get to a more limited prac- VA’s operation of the National Ceme- ety. Despite fierce opposition, he tice schedule. tery Administration dates from Sep- helped steer Medicare through Con- There are 16 individuals on the Colo- tember 1, 1973, when Congress trans- gress. He was the Senate’s acknowl- rado Storm Royal team, and I believe ferred control of the national ceme- edged champion of higher education they deserve to be mentioned here and adult education, and he also helped today. They are: Anise Abdulgasem, teries from the Department of Army to lead the efforts to expand veterans ben- Junior Amaya, Cody Arnold, John what was then the Veterans Adminis- efits and establish Federal student loan Ellison, Matt Hammet, Matthew tration. Those cemeteries joined the programs. Hustead, Chris Klebieko, Tyler Lister, ones already operated by VA, and the In the mid-1960s, Senator Hartke put Andrew Love, Dirk MacDonald, Mat- National Cemetery System—now the his political future on the line when he thew Nier, Augustus Ogu, Ryan National Cemetery Administration— became one of the first Senators to op- Rombach, Brendan Roslund, Peter was created. pose the war in Vietnam. In following Walker and Charlie Zeller. America’s history of providing a final his conscience, he parted ways with To these outstanding young players, resting place to our veterans extends most of his constituents and his good their families, their coaches, and their back before 1973, when the Civil War friend President Johnson, but he stuck supporters, I offer my most sincere left hundreds of thousands of soldiers to his principles and survived a bruis- congratulations on a winning season dead. In the spirit of Abraham Lin- ing reelection campaign in 1970. and my best wishes for another out- coln’s words that the Nation must Though Senator Hartke lost his Sen- standing season of Colorado soccer. ‘‘care for him who shall have borne the ate seat in 1976, he became a good They are examples of what hard work battle, and for his widow and his or- and determination bring when we set friend and adviser to the man who de- phan,’’ Congress established national ourselves to achieving goals.∑ feated him, Senator RICHARD LUGAR, cemeteries in order to fulfill that com- and he never lost his passion for poli- f mitment. tics or his home State. IN TRIBUTE TO GEORGE GARRIS Senator Vance Hartke served the Today, the National Cemetery Ad- people of Indiana and the U.S. Senate ∑ Mr. HOLLINGS. Mr. President, this ministration ensures that our veterans with great distinction. I am honored to month George Garris, the longest serv- have a proper burial and maintains the add my voice to the chorus of praise for ing refuge manager in the U.S. Fish national cemeteries as shrines to their his life’s work and legacy. and Wildlife Service, announced he will memory. Since taking over the na- f be retiring and I rise to salute him. tional cemetery system, VA has seen There’s no question in my mind that an increase in annual burials from ADDITIONAL STATEMENTS George has done more to protect the 36,400 to a record 89,300 in 2002. More wildlife in my State than anyone I and more veterans are choosing to be know. He is the Teddy Roosevelt of TRIBUTE TO COLORADO STORM laid to rest in national cemeteries than South Carolina. ROYAL ever before. This choice is a testament For years George has been telling me to the devotion that the employees of ∑ Mr. CAMPBELL. Mr. President, he would retire as soon as he finished the VA’s National Cemetery Adminis- today I want to recognize and con- this one project. Then he would find tration show in performing their du- gratulate a special group of young another project—and the same thing, ties. Coloradans, the Colorado Storm Royal he was going to retire when it was soccer team. done. This went on and on for years In noting the importance of the Na- The Colorado Storm Royal is a team and years. It went on because George tional Cemetery Administration and in in the Under 12 age bracket, U12, and wanted to leave future generations honoring its extensive history, I must they are coached by Mr. Jim Morrison. something good. He pushed to save also point to the need to ensure its fu- Mr. Morrison has coached Colorado thousands of acres of natural habitats ture. Nearly 655,000 veteran are ex- youth soccer for the past 17 years and in my State. Years from now when we pected to die this year, and even more 34 seasons, and has taken his teams to still enjoy South Carolina’s natural will die in each of the next 5 years. By the Western Region tournament eight beauty, we can thank George Garris. the end of 2004, only 64 of the 124 vet- times. Out of those eight appearances, George began his productive career in erans national cemeteries will be avail- his teams have reached the final game the Fish and Wildlife Service in 1959, able for both casketed and cremated re- four times, losing to California teams and today is the steward of four South mains. As cemetery capacity decreases, three previous times and then winning Carolina Lowcountry refuges that he veterans in areas near those closing the Championship this past year. helped create or expand—the ACE cemeteries lose access to burial op- The Colorado Storm Royal had a re- Basin, the Santee and Waccamaw Ref- tions. In order to ensure that proper fu- markable record the past 10-month pe- uges, and Cape Romain. He also suc- neral honors are provided for veterans riod, with 35 wins and 0 losses. They cessfully saved both the endangered red and their family members, we must de- played their games at the Premier 1 wolf and loggerhead sea turtles. velop new cemeteries and expand exist- level, which in Colorado is the highest We will miss George, and I know all ing cemeteries. In such cities as Bir- level of competitive youth soccer. the Members of this body join me in mingham, AL; Bakersfield, CA; Colum- Their accomplishments are certainly thanking him for his esteemed public bia/Greenville, SC; Philadelphia, PA; commendable—Undefeated and untied service and wishing him happiness and and, in my own State, Sarasota and in 35 straight Premier 1 games in Colo- good health in the years ahead.∑ Jacksonville, FL, more than 175,000 rado; Colorado State Cup Champions, f veterans in each of these areas are cur- Western Regional Champions, and they rently without full burial options. We were ranked No. 1 in the United States VA MARKS THE 30TH ANNIVER- must ensure that their sacrifice is hon- by National Soccer Rankings.com. SARY OF ITS CEMETERY SYS- ored. The members of this team are all TEM Colorado residents whose families live ∑ Mr. GRAHAM of Florida. Mr. Presi- One of the most difficult things we do and work in the Denver area. The com- dent, today I rise to celebrate 30 years is cope with the death of someone we mitment by all to make these accom- of the VA cemetery system. ‘‘Cele- love. By guaranteeing a burial that be- plishments a reality is especially worth brate’’ may seem a strange word to use fits the sacrifice of our Nation’s sol- noting, because unlike other areas of in reference to something so closely diers, the National Cemetery Adminis- the country where teams can practice tied with mourning, but it is appro- tration mitigates some of that pain 365 days of the year, we don’t have that priate that we do just that. VA’s na- and commemorates the service and same luxury in Colorado. So the boys tional cemetery system is one of its lives of our veterans.∑

VerDate jul 14 2003 01:25 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G10SE6.140 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11345 IN RECOGNITION OF FERN when Joseph offered Vivian a ride in sion, I have sent to the Federal Register BELLMORE his convertible. It was the beginning of the enclosed notice, stating that the ∑ Mr. LEVIN. Mr. President, it is with an incredible journey. emergency declared with respect to the great pride that I pay tribute to an ex- The couple was married at terrorist attacks on the United States traordinary American who has shown Kingsford’s Our Redeemer Lutheran of September 11, 2001, is to continue in great commitment to furthering the Church on September 18, 1943. After liv- effect for an additional year. democratic process. On September 13, ing in the Upper Peninsula, Joseph and The terrorist threat that led to the Fern Bellmore will be presented with Vivian moved to Milwaukee in 1950. declaration on September 14, 2001, of a the Daune Weiss award at the Northern Life wasn’t always easy; money was national emergency continues. For this Michigan County Democratic Party tight, and they had four children to reason, I have determined that it is Dinner, also known as the ‘‘Bash.’’ raise. But from the beginning, they necessary to continue in effect after Fern has worked tirelessly, raised a persisted by supporting each other September 14, 2003, the national emer- family, been actively involved in her with lasting love and devotion. gency with respect to the terrorist community, and made great contribu- Joseph worked for over 30 years as a threat. tions in the political arena throughout route salesman, first at Milwaukee GEORGE W. BUSH. her life and continues to do so to this Cheese Company, then at Continental THE WHITE HOUSE, September 10, 2003. day. Baking. He knew my dad, and remem- f bers me as ‘‘one of Max’s boys.’’ In November, Fern and her husband, MESSAGE FROM THE HOUSE Robert, will celebrate 52 years of mar- Today, many years later, their story At 2:59 p.m., a message from the riage surrounded by their 5 children, 11 continues. Their four children have House of Representatives, delivered by grandchildren, and 5 great-grand- grown up to be successful adults them- Mr. Hays, one of its reading clerks, an- children. In addition to raising a fam- selves, providing Joseph and Vivian nounced that the House has passed the ily, Fern also worked for 22 years at with seven grandchildren and soon, following bill, in which it requests the Cadillac Products in Alpena, MI. While their first great-grandchild. Their leg- concurrence of the Senate: working at Cadillac Products, Fern was acy is one of hard-work, determination, pivotal in the unionization of the shop and a strong family. H.R. 2765. An act making appropriations for the United Steelworkers and con- I join their many friends and their for the government of the District of Colum- family in celebration as we honor Jo- bia and other activities chargeable in whole tinued to be an active union member or in part against the revenues of said Dis- after her retirement. seph and Vivian Safranek on their 60th wedding anniversary. They are the trict for the fiscal year ending September 30, Fern’s commitment to her commu- 2004, and for other purposes. very best Wisconsin has to offer, and I nity is evident through her continued At 7:07 p.m., a message from the involvement with several organiza- wish them continued joy and happi- ness.∑ House of Representatives, delivered by tions. For many years she has been an Mr. Hays, one of its reading clerks, an- active den mother for Cub Scouts, f nounced that the House has passed the working with area youth to inspire and MESSAGES FROM THE PRESIDENT following bill, in which it requests the influence the future generations of this concurrence of the Senate: country. She has also worked closely Messages from the President of the United States were communicated to H.R. 2989. An act making appropriations with the American Cancer Society, for the Departments of Transportation and Hospice, and The American Red Cross. the Senate by Mr. Williams, one of his secretaries. Treasury, and independent agencies for the Locally, Fern has served for many fiscal year ending September 30, 2004, and for years, some as chair, on the Presque f other purposes. Isle County Board of Canvassers and is EXECUTIVE MESSAGES REFERRED The message further announced that currently on the Board of Social Serv- the House disagrees to the amendment As in executive session the Presiding ice for Presque Isle County. of the Senate to the bill (H.R. 2555) Officer laid before the Senate messages Fern has been active in the Demo- making appropriations for the Depart- from the President of the United cratic Party for over 20 years. During ment of Homeland Security for the fis- States submitting sundry nominations the majority of this time she was the cal year ending September 30, 2004, and which were referred to the appropriate Chair of the Presque Isle County Demo- for other purposes, and agrees to the committees. cratic Party. She helped establish the conference asked by the Senate on the (The nominations received today are ‘‘Bash’’ in her determination to in- disagreeing votes of the two Houses printed at the end of the Senate pro- crease participation in elections for thereon; and appoints the following ceedings.) State representatives for Presque Isle members as the managers of the con- County. Fern has also worked on nu- f ference on the part of the House: Mr. merous campaigns for local, State, and REPORT RELATIVE TO THE NA- ROGERS of Kentucky, Mr. YOUNG of national candidates. TIONAL EMERGENCY WITH RE- Florida, Mr. WOLF, Mr. WAMP, Mr. Fern’s unwavering support of her SPECT TO THE TERRORIST AT- LATHAM, Mrs. EMERSON, Ms. GRANGER, community and continued dedication TACKS OF SEPTEMBER 11, 2001— Mr. SWEENEY, Mr. SHERWOOD, Mr. SABO, to the democratic process has benefited PM 48 Mr. PRICE of North Carolina, Mr. citizens throughout northern Michigan SERRANO, Ms. ROYBAL-ALLARD, Mr. The PRESIDING OFFICER laid be- and the entire State. Her commitment BERRY, Mr. MOLLOHAN, and Mr. OBEY. as a community leader and grassroots fore the Senate the following message f political activist has been a true inspi- from the President of the United ration to others around her. I am States, together with an accompanying MEASURES PLACED ON THE pleased to congratulate her on receiv- report; which was referred to the Com- CALENDAR ing the Daune Weiss award and salute mittee on Banking, Housing, and The following bills were read the first Fern Bellmore for her service to the Urban Affairs: and second times by unanimous con- community as an outstanding citizen.∑ To the Congress of the United States: sent, and placed on the calendar: f Section 202(d) of the National Emer- H.R. 2765. An act making appropriations gencies Act, 50 U.S.C. 1622(d), provides for the government of the District of Colum- JOSEPH AND VIVIAN SAFRANEK for the automatic termination of a na- bia and other activities chargeable in whole 60TH WEDDING ANNIVERSARY tional emergency unless, prior to the or in part against the revenues of said Dis- ∑ Mr. KOHL. Mr. President, I rise anniversary date of its declaration, the trict for the fiscal year ending September 30, today to honor Joseph and Vivian President publishes in the Federal Reg- 2004, and for other purposes. H.R. 2989. An act making appropriations Safranek, long-time residents of Wis- ister and transmits to the Congress a for the Departments of Transportation and consin, on their 60th wedding anniver- notice stating that the emergency is to Treasury, and independent agencies for the sary. Joseph and Vivian met at the continue in effect beyond the anniver- fiscal year ending September 30, 2004, and for Pine Mountain Ski tournament in 1942 sary date. Consistent with this provi- other purposes.

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G10SE6.138 S10PT2 S11346 CONGRESSIONAL RECORD — SENATE September 10, 2003 EXECUTIVE AND OTHER the Committee on Banking, Housing, and agement Agency, transmitting, pursuant to COMMUNICATIONS Urban Affairs. law, the report of a rule entitled ‘‘Changes in EC–4027. A communication from the Gen- Flood Elevation Determinations’’ (44 CFR 65) The following communications were eral Counsel, Office of General Counsel, Na- received on September 2, 2003; to the Com- laid before the Senate, together with tional Credit Union Administration, trans- mittee on Banking, Housing, and Urban Af- accompanying papers, reports, and doc- mitting, pursuant to law, the report of a rule fairs. uments, and were referred as indicated: entitled ‘‘Organization and Operations of EC–4039. A communication from the Acting EC–4017. A communication from the Gen- Federal Credit Unions’’ received on August General Counsel, Federal Emergency Man- eral Counsel, Federal Housing Finance 11, 2003; to the Committee on Banking, Hous- agement Agency, transmitting, pursuant to Board, transmitting, pursuant to law, the re- ing, and Urban Affairs. law, the report of a rule entitled ‘‘Final EC–4028. A communication from the Direc- port of a rule entitled ‘‘Privacy Act and Flood Elevation Determinations’’ (44 CFR 67) tor, Office of Thrift Supervision, Department Freedom of Information Act; Implementa- received on September 2, 2003; to the Com- of the Treasury, transmitting, pursuant to tion’’ (RIN3069–AB07) received on August 13, mittee on Banking, Housing, and Urban Af- law, a report of the details of the Office’s 2003; to the Committee on Banking, Housing, fairs. 2003 compensation plan; to the Committee on EC–4040. A communication from the Asso- and Urban Affairs. Banking, Housing, and Urban Affairs. ciate General Counsel for Legislation and EC–4018. A communication from the Gen- EC–4029. A communication from the Chief Regulations, Office of Housing, Department eral Counsel, Federal Housing Finance Operating Officer and President, Resolution of Housing and Urban Development, trans- Board, transmitting, pursuant to law, the re- Funding Corporation, transmitting, pursu- mitting, pursuant to law, the report of a rule port of a rule entitled ‘‘Amendments to the ant to law, the Corporation’s Statement on entitled ‘‘Distribution of Tax Credit Pro- Description of Organization and Functions Internal Controls and the 2001 Audited Fi- ceeds’’ (RIN2502–AH91) received on Sep- Regulation’’ (RIN3069–AB25) received on Au- nancial Statements; to the Committee on tember 2, 2003; to the Committee on Bank- gust 13, 2003; to the Committee on Banking, Banking, Housing, and Urban Affairs. ing, Housing, and Urban Affairs. Housing, and Urban Affairs. EC–4030. A communication from the Presi- EC–4041. A communication from the Asso- EC–4019. A communication from the Gen- dent and Chairman, Export-Import Bank of ciate General Counsel for Legislation and eral Counsel, Office of General Counsel, Na- the United States, transmitting, pursuant to Regulations, Office of Housing, Department tional Credit Union Administration, trans- law, a report relative to a transaction in- of Housing and Urban Development, trans- mitting, pursuant to law, the report of a rule volving U.S. exports to Uzbekistan; to the mitting, pursuant to law, the report of a rule entitled ‘‘Rules of NCUA Board Procedure; Committee on Banking, Housing, and Urban entitled ‘‘Public Housing Capital Fund Pro- Promulgation of NCUA Rules and Regula- Affairs. gram Obligation and Expenditure of Funds’’ tions; Public Observance of NCUA Board EC–4031. A communication from the Presi- (RIN2577–AC16) received on September 2, Meetings’’ received on August 26, 2003; to the dent and Chairman, Export-Import Bank of 2003; to the Committee on Banking, Housing, Committee on Banking, Housing, and Urban the United States, transmitting, pursuant to and Urban Affairs. Affairs. law, the report of a transaction involving EC–4042. A communication from the Dep- EC–4020. A communication from the Presi- U.S. exports to Bahrain; to the Committee uty Congressional Liaison, Board of Gov- dent and Chairman, Export-Import Bank of on Banking, Housing, and Urban Affairs. ernors of the Federal Reserve System, trans- the United States, transmitting, pursuant to EC–4032. A communication from the Direc- mitting, pursuant to law, the report of a rule law, a report relative to a transaction in- tor, FDIC Office of Legislative Affairs, Fed- entitled ‘‘Regulation T (Credit by Brokers volving U.S. exports to Iraq; to the Com- eral Deposit Insurance Corporation, trans- and Dealers) - Foreign Margin Stock List’’ mittee on Banking, Housing, and Urban Af- mitting, pursuant to law, the report of a rule received on September 2, 2003; to the Com- fairs. entitled ‘‘Prohibition Against Use of Inter- mittee on Banking, Housing, and Urban Af- EC–4021. A communication from the Presi- state Branches Primarily for Deposit Pro- fairs. dent of the United States, transmitting, pur- duction’’ (RIN3064–AC36) received on August EC–4043. A communication from the Assist- suant to law, a report relative to the na- 11, 2003; to the Committee on Banking, Hous- ant General Counsel for Regulations, Office tional emergency declared in Executive ing, and Urban Affairs. of Housing, Department of Housing and Order 13303; to the Committee on Banking, EC–4033. A communication from the Direc- Urban Development, transmitting, pursuant Housing, and Urban Affairs. tor, FDIC Office of Legislative Affairs, Fed- to law, the report of a rule entitled ‘‘Non- EC–4022. A communication from the Chair- eral Deposit Insurance Corporation, trans- profit Organization Participation in Certain man, National Credit Union Administration, mitting, pursuant to law, the report of a rule FHA Single Family Activities; Placement transmitting, pursuant to law, the 2001 An- entitled ‘‘Risk Based Capital Standards: and Removal Procedures’’ (RIN2502-AH49) re- nual Report of the National Credit Union Ad- Claims on Securities Firms’’ (RIN3064–AC17) ceived on September 2, 2003; to the Com- ministration; to the Committee on Banking, received on August 11, 2003; to the Com- mittee on Banking, Housing, and Urban Af- Housing, and Urban Affairs. mittee on Banking, Housing, and Urban Af- fairs. EC–4023. A communication from the Direc- fairs. EC–4044. A communication from the Gen- tor, Office of White House Liaison, Bureau of EC–4034. A communication from the Gen- eral Counsel, Department of Housing and Industry and Security, transmitting, pursu- eral Counsel, Department of Housing and Urban Development, transmitting, pursuant ant to law, the report of a designation of act- Urban Development, transmitting, pursuant to law, the report of a nomination for the po- ing officer and change in previously sub- to law, the report of a vacancy for the posi- sition of Director, Office of Federal Housing mitted reported information for the position tion of Chief Financial Officer, Department Enterprise Oversight, received on September of Assistant Secretary for Export Enforce- of Housing and Urban Development, received 2, 2003; to the Committee on Banking, Hous- ment, received on September 2, 2003; to the on September 2, 2003; to the Committee on ing, and Urban Affairs. Committee on Banking, Housing, and Urban Banking, Housing, and Urban Affairs. EC–4045. A communication from the Acting Affairs. EC–4035. A communication from the Acting Director of Communications and Legislative EC–4024. A communication from the Direc- General Counsel, Federal Emergency Man- Affairs, Equal Employment Opportunity tor, Office of White House Liaison, Bureau of agement Agency, transmitting, pursuant to Commission, transmitting, the Commission’s Industry and Security, transmitting, pursu- law, the report of a rule entitled ‘‘Changes in Annual Report for Fiscal Year 2002; to the ant to law, the report of a nomination and Flood Elevation Determinations’’ (Doc. No. Committee on Banking, Housing , and Urban change in previously submitted information FEMA–D–7543) received on September 2, 2003; Affairs. for the position of Assistant Secretary for to the Committee on Banking, Housing, and EC–4046. A communication from the Chair- Export Enforcement, received on September Urban Affairs. man, National Credit Union Administration, 2, 2003; to the Committee on Banking, Hous- EC–4036. A communication from the Acting transmitting, pursuant to law, the report of ing, and Urban Affairs. General Counsel, Federal Emergency Man- an adjustment of a compensation system; to EC–4025. A communication from the Direc- agement Agency, transmitting, pursuant to the Committee on Banking, Housing, and tor, Office of White House Liaison, Bureau of law, the report of a rule entitled ‘‘Final Urban Affairs. Industry and Security, transmitting, pursu- Flood Elevation Determinations’’ (44 CFR 67) EC–4047. A communication from the Presi- ant to law, the report of a nomination and received on September 2, 2003; to the Com- dent and Chairman of the Export-Import change in previously submitted reported in- mittee on Banking, Housing, and Urban Af- Bank of the United States, transmitting, formation for the position of Assistant Sec- fairs. pursuant to law, the report of a transaction retary for Export Administration, received EC–4037. A communication from the Acting involving U.S. exports to Uzbekistan; to the on September 2, 2003; to the Committee on General Counsel, Federal Emergency Man- Committee on Banking, Housing, and Urban Banking, Housing, and Urban Affairs. agement Agency, transmitting, pursuant to Affairs. EC–4026. A communication from the Dep- law, the report of a rule entitled ‘‘Final EC–4048. A communication from the Under uty Secretary, Division of Market Regula- Flood Elevation Determinations’’ (44 CFR 67) Secretary, Emergency Preparedness and Re- tion, Securities and Exchange Commission, received on September 2, 2003; to the Com- sponse, Federal Emergency Management transmitting, pursuant to law, the report of mittee on Banking, Housing, and Urban Af- Agency, transmitting, pursuant to law, a re- a rule entitled ‘‘Broker-Dealer Exemption fairs. port that funding for the State of New York from Sending Certain Financial Information EC–4038. A communication from the Acting as a result of the record/near record snow- to Customers’’ received on August 11, 2003; to General Counsel, Federal Emergency Man- storms on February 17–18, 2003, has exceeded

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.141 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11347 $5,000,000; to the Committee on Banking, EC–4059. A communication from the Assist- tration, Department of Transportation, Housing, and Urban Affairs. ant Legal Adviser for Treaty Affairs, Depart- transmitting, pursuant to law, the report of EC–4049. A communication from the Under ment of State, transmitting, pursuant to a rule entitled ‘‘Airworthiness Directives: Secretary, Emergency Preparedness and Re- law, the report of texts and background Bell Helicopter Textron Canada Model 222, sponse, Federal Emergency Management statements of international agreements, 222B, and 222U Helicopters’’ (RIN2120–AA64) Agency, transmitting, pursuant to law, a re- other than treaties; to the Committee on received on August 13, 2003; to the Com- port that funding for the State of Colorado Foreign Relations. mittee on Commerce, Science, and Transpor- as a result of the record/near record snow- EC–4060. A communication from the Para- tation. storms on March 17–20, 2003, has exceeded legal Specialist, Federal Aviation Adminis- EC–4069. A communication from the Para- $5,000,000; to the Committee on Banking, tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- Housing, and Urban Affairs. transmitting, pursuant to law, the report of tration, Department of Transportation, EC–4050. A communication from the Under a rule entitled ‘‘Standard Instrument Ap- transmitting, pursuant to law, the report of Secretary, Emergency Preparedness and Re- proach Procedures; Miscellaneous Amend- a rule entitled ‘‘Airworthiness Directives: sponse, Federal Emergency Management ments 38 Amendment No. 3066’’ (RIN2120– Boeing Model 737–200, 200C, 300, 400, and 500 Agency, transmitting, pursuant to law, a re- AA65) received on August 13, 2003; to the Series Airplanes’’ (RIN2120–AA64) received port that funding for the State of New Jersey Committee on Commerce, Science, and on August 13, 2003; to the Committee on as a result of the record/near record snow- Transportation. Commerce, Science, and Transportation. storms on February 16–17, 2003, has exceeded EC–4061. A communication from the Para- EC–4070. A communication from the Para- legal Specialist, Federal Aviation Adminis- $5,000,000; to the Committee on Banking, legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, Housing, and Urban Affairs. tration, Department of Transportation, transmitting, pursuant to law, the report of EC–4051. A communication from the Under transmitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class E Air- Secretary, Emergency Preparedness and Re- a rule entitled ‘‘Airworthiness Directives: space; Sac City, IA, Correction’’ (RIN2120– sponse, Federal Emergency Management Boeing Model 737–600, 737–700, 737–700C, 737– AA66) received on August 13, 2003; to the Agency, transmitting, pursuant to law, a re- 800, 737–900, 757, and 767 Series Airplanes’’ Committee on Commerce, Science, and port that funding for the State of Maryland (RIN2120–AA64) received on August 13, 2003; Transportation. as a result of the record/near record snow- to the Committee on Commerce, Science, EC–4071. A communication from the Para- storms on February 14–17, 2003, has exceeded and Transportation. legal Specialist, Federal Aviation Adminis- $5,000,000; to the Committee on Banking, EC–4062. A communication from the Para- tration, Department of Transportation, Housing, and Urban Affairs. legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of EC–4052. A communication from the Under tration, Department of Transportation, a rule entitled ‘‘Modification of Class E Air- Secretary, Emergency Preparedness and Re- transmitting, pursuant to law, the report of space; Sibley, IA Correction’’ (RIN2120–AA66) sponse, Federal Emergency Management a rule entitled ‘‘Airworthiness Directives: received on August 13, 2003; to the Com- Agency, transmitting, pursuant to law, a re- Airbus Model A330 and A340 Series Air- mittee on Commerce, Science, and Transpor- port that funding for the Commonwealth of planes’’ (RIN2120–AA64) received on August tation. Pennsylvania as a result of the record/near 13, 2003; to the Committee on Commerce, EC–4072. A communication from the Para- record snowstorms on February 14–19, 2003, Science, and Transportation. legal Specialist, Federal Aviation Adminis- has exceeded $5,000,000; to the Committee on EC–4063. A communication from the Para- tration, Department of Transportation, Banking, Housing, and Urban Affairs. legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of EC–4053. A communication from the Direc- tration, Department of Transportation, a rule entitled ‘‘Modification of Class E Air- tor, Office of Thrift Supervision, Department transmitting, pursuant to law, the report of space; Red Oak, IA Correction’’ (RIN2120– of the Treasury, transmitting, pursuant to a rule entitled ‘‘Airworthiness Directives: AA66) received on August 13, 2003; to the law, a report relative to the Office’s 2002 McDonnell Douglas Model 717–200 Airplanes’’ Committee on Commerce, Science, and compensation plan; to the Committee on (RIN2120–AA64) received on August 13, 2003; Transportation. Banking, Housing, and Urban Affairs. to the Committee on Commerce, Science, EC–4073. A communication from the Para- EC–4054. A communication from the Senior and Transportation. legal Specialist, Federal Aviation Adminis- Paralegal, Office of Thrift Supervision, De- EC–4064. A communication from the Para- tration, Department of Transportation, partment of the Treasury, transmitting, pur- legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of suant to law, the report of a rule entitled tration, Department of Transportation, a rule entitled ‘‘Modification of Class E Air- ‘‘Federal Savings Association—Operations, transmitting, pursuant to law, the report of space; Vinton, IA’’ (RIN2120–AA66) received Agency Offices; Fiduciary Powers of Savings a rule entitled ‘‘Standard Instrument Ap- on August 13, 2003; to the Committee on Associations’’ (RIN1550–AB80) received on proach Procedures; Miscellaneous Amend- Commerce, Science, and Transportation. September 8, 2003; to the Committee on ments (54)’’ (RIN2120–AA65) received on Au- EC–4074. A communication from the Para- Banking, Housing, and Urban Affairs. gust 13, 2003; to the Committee on Com- legal Specialist, Federal Aviation Adminis- EC–4055. A communication from the Office merce, Science, and Transportation. tration, Department of Transportation, of Foreign Assets Control, Department of the EC–4065. A communication from the Para- transmitting, pursuant to law, the report of Treasury, transmitting, pursuant to law, the legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Modification of Class E Air- report of a rule entitled ‘‘Foreign Assets tration, Department of Transportation, space; Pocohontas, IA Correction’’ (RIN2120– Control Regulations; Reporting and Proce- transmitting, pursuant to law, the report of AA66) received on August 13, 2003; to the dures Regulations; Cuban Assets Control a rule entitled ‘‘Airworthiness Directives: Committee on Commerce, Science, and Regulations: Publication of Revised Civil Schweizer Aircraft Corporation Model 269A, Transportation. EC–4075. A communication from the Para- Penalties Hearing Regulations’’ received on 269A–1, 269B, 269C, and TH55A Helicopters’’ legal Specialist, Federal Aviation Adminis- September 8, 2003; to the Committee on (RIN2120–AA64) received on August 13, 2003; tration, Department of Transportation, Banking, Housing, and Urban Affairs. to the Committee on Commerce, Science, transmitting, pursuant to law, the report of EC–4056. A communication from the Office and Transportation. a rule entitled ‘‘Modification of Class E Air- of Foreign Assets Control, Department of the EC–4066. A communication from the Para- space; Sioux City, IA’’ (RIN2120–AA66) re- Treasury, transmitting, pursuant to law, the legal Specialist, Federal Aviation Adminis- ceived on August 13, 2003; to the Committee report of a rule entitled ‘‘Foreign Assets tration, Department of Transportation, on Commerce, Science, and Transportation. Control Regulations; Reporting and Proce- transmitting, pursuant to law, the report of EC–4076. A communication from the Para- dures Regulations; Cuban Assets Control a rule entitled ‘‘Airworthiness Directives: legal Specialist, Federal Aviation Adminis- Regulations: Publication of Revised Civil Boeing Model 737–200, 737–400, 737–300 , 737– tration, Department of Transportation, Penalties Hearing Regulations’’ received on 500, 737–600, 737–700, 737–800, 737–900, 757–200, transmitting, pursuant to law, the report of September 8, 2003; to the Committee on and 757–300 Series Airplanes and McDonnell a rule entitled ‘‘Modification of Class E Air- Banking, Housing, and Urban Affairs. Douglas Model DC–10–10F, DC–10–30, DC–10– space; Wichita MidContinent Airport, KS’’ EC–4057. A communication from the Assist- 30F, DE–10–40, MD–11F’’ (RIN2120–AA64) re- (RIN2120–AA66) received on August 13, 2003; ant Secretary, Legislative Affairs, Depart- ceived on August 13, 2003; to the Committee to the Committee on Commerce, Science, ment of State, transmitting, pursuant to on Commerce, Science, and Transportation. and Transportation. law, three reports required under the Nu- EC–4067. A communication from the Para- EC–4077. A communication from the Para- clear Non-Proliferation Act of 1978 relative legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- to U.S. Government departments and agen- tration, Department of Transportation, tration, Department of Transportation, cies relating to the prevention of nuclear transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of proliferation between January 1, 2000 and De- a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Establishment of Class E cember 31, 2002; to the Committee on Foreign Bell Helicopter Textron Canada Model 206A, Airspace Area at Susanville Municipal Air- Relations. 206A–1, 206B, 206B–1, 206L, 206L–1, 206L–3, port, CA’’ (RIN2120–AA66) received on August EC–4058. A communication from the Acting 206L–4 Helicopters’’ (RIN2120–) received on 13, 2003; to the Committee on Commerce, General Counsel, Department of Defense, August 13, 2003; to the Committee on Com- Science, and Transportation. transmitting, a report of proposed legisla- merce, Science, and Transportation. EC–4078. A communication from the Para- tion; to the Committee on Foreign Rela- EC–4068. A communication from the Para- legal Specialist, Federal Aviation Adminis- tions. legal Specialist, Federal Aviation Adminis- tration, Department of Transportation,

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.142 S10PT2 S11348 CONGRESSIONAL RECORD — SENATE September 10, 2003 transmitting, pursuant to law, the report of EC–4087. A communication from the Acting cellaneous Amendments’’ (RIN2137–AD73) re- a rule entitled ‘‘Modification of Class E Air- Director, Office of Sustainable Fisheries, Na- ceived on August 13, 2003; to the Committee space; Falls City, NE’’ (RIN2120–AA66) re- tional Marine Fisheries Service, transmit- on Commerce, Science, and Transportation. ceived on August 13, 2003; to the Committee ting, pursuant to law, the report of a rule en- EC–4096. A communication from the Attor- on Commerce, Science, and Transportation. titled ‘‘Fisheries Off West Coast States and ney-Advisor, National Highway Traffic Safe- EC–4079. A communication from the Para- in the Western Pacific; Pacific Coast ty Administration, Department of Transpor- legal Specialist, Federal Aviation Adminis- Groundfish Fishery; Annual Specifications tation, transmitting, pursuant to law, the re- tration, Department of Transportation, and Management Measures; Trip Limit Ad- port of a rule entitled ‘‘Placement of Wheel- transmitting, pursuant to law, the report of justment’’ (ID062703A) received on August 13, chair Restraints on Buses’’ (RIN2127–AH03) a rule entitled ‘‘Modification of Class E Air- 2003; to the Committee on Commerce, received on August 13, 2003; to the Com- space; Window Rock, AZ Correction’’ Science, and Transportation. mittee on Commerce, Science, and Transpor- (RIN2120–AA66) received on August 13, 2003; EC–4088. A communication from the Acting tation. to the Committee on Commerce, Science, Director, Office of Sustainable Fisheries, Na- EC–4097. A communication from the Attor- and Transportation. tional Marine Fisheries Service, transmit- ney Advisor, National Highway Traffic Safe- EC–4080. A communication from the Dep- ting, pursuant to law, the report of a rule en- ty Administration, Department of Transpor- uty Assistant Administrator for Regulatory titled ‘‘Closure; Prohibiting Directed Fishing tation, transmitting, pursuant to law, the re- Programs, National Marine Fisheries Serv- for Pacific Ocean Perch in the Central Regu- port of a rule entitled ‘‘Definition of Multi- ice, Office of Sustainable Fisheries, trans- latory Area of the Gulf of Alaska’’ received function School Activity Bus’’ (RIN2127– mitting, pursuant to law, the report of a rule on August 13, 2003; to the Committee on AH23) received on August 13, 2003; to the entitled ‘‘Final Rule to Raise the Maximum Commerce, Science, and Transportation. Committee on Commerce, Science, and Retainable Percentage of Pollock Roe from 7 EC–4089. A communication from the Acting Transportation. to 9 Percent in the Bering Sea and Aleutian Director, Office of Sustainable Fisheries, Na- EC–4098. A communication from the Attor- Islands Management’’ received on August 11, tional Marine Fisheries Service, transmit- ney Advisor, National Highway Traffic Safe- 2003; to the Committee on Commerce, ting, pursuant to law, the report of a rule en- ty Administration, Department of Transpor- Science, and Transportation. titled ‘‘Closure; Prohibiting Directed Fishing tation, transmitting, pursuant to law, the re- EC–4081. A communication from the Assist- for Pacific Ocean Perch in the West Yakutat port of a rule entitled ‘‘Heavy Vehicle ant Administrator, Office of Oceanic and At- District of the Gulf of Alaska’’ received on Antilock Brake System Performance Re- mospheric Research, National Oceanic and August 13, 2003; to the Committee on Com- quirement’’ (RIN2127–AH16) received on Au- Atmospheric Administration, transmitting, merce, Science, and Transportation. gust 13, 2003; to the Committee on Com- pursuant to law, the report of a rule entitled EC–4090. A communication from the Acting merce, Science, and Transportation. ‘‘Ballast Water Treatment Technology Dem- Director, Office of Sustainable Fisheries, Na- EC–4099. A communication from the Sec- onstration Program: Request for Proposals tional Marine Fisheries Service, transmit- retary of Transportation, transmitting, a for FY 2002’’ received on August 11, 2003; to ting, pursuant to law, the report of a rule en- draft of proposed legislation; to the Com- the Committee on Commerce, Science, and titled ‘‘NMFS is Prohibiting Directed Fish- mittee on Commerce, Science, and Transpor- Transportation. ing for Pacific Ocean Perch in the Western tation. EC–4082. A communication from the Acting Regulatory Area of the Gulf of Alaska’’ re- EC–4100. A communication from the Attor- Director, Office of Sustainable Fisheries, Na- ceived on August 13, 2003; to the Committee ney/Advisor, Office of the Secretary, Depart- tional Marine Fisheries Service, transmit- on Commerce, Science, and Transportation. ment of Transportation, transmitting, pur- ting, pursuant to law, the report of a rule en- EC–4091. A communication from the Acting suant to law, the report of a nomination for titled ‘‘Closure; Prohibiting Directed Fishing Director, Office of Sustainable Fisheries, Na- the position of Associate Deputy Secretary, for Pacific Ocean Perch in the Central Aleu- tional Marine Fisheries Service, transmit- Department of Transportation, received on tian District of the Bering Sea and Aleutian ting, pursuant to law, the report of a rule en- August 13, 2003; to the Committee on Com- Islands Management Area’’ received on Au- titled ‘‘Closure of directed fishing for yel- merce, Science, and Transportation. gust 13, 2003; to the Committee on Com- lowfin sole by vessels using trawl gear in By- EC–4101. A communication from the Attor- merce, Science, and Transportation. catch Limitation Zone 1 (Zone 1) of the Ber- ney/Advisor, Office of the Secretary, Depart- EC–4083. A communication from the Acting ing Sea and Aleutian Islands management ment of Transportation, transmitting, pur- Director, Office of Sustainable Fisheries, Na- area. This action is necessary to prevent ex- suant to law, the report of a nomination for tional Marine Fisheries Service, transmit- ceeding the 2002 bycatch allowance of red the position of Assistant Secretary for ting, pursuant to law, the report of a rule en- king crab specified for the trawl yellowfin Transportation Policy, Department of Trans- titled ‘‘Rule Title Fisheries Off West Coast sole fishery category in Zone 1’’ received on portation, received on August 13, 2003; to the States and in the Western Pacific; Pacific August 13, 2003; to the Committee on Com- Committee on Commerce, Science, and Coast Groundfish Fishery; End of the Pri- merce, Science, and Transportation. Transportation. mary Season and Resumption of Trip Limits EC–4092. A communication from the Acting EC–4102. A communication from the Assist- for the Shore-based Fishery for the Pacific Director, Office of Sustainable Fisheries, Na- ant Administrator for Procurement, Na- Whiting’’ (ID071103A) received on August 13, tional Marine Fisheries Service, transmit- tional Aeronautics and Space Administra- 2003; to the Committee on Commerce, ting, pursuant to law, the report of a rule en- tion, transmitting, pursuant to law, the re- Science, and Transportation. titled ‘‘Fisheries of the Exclusive Economic port of a rule entitled ‘‘Government-Owned EC–4084. A communication from the Acting Zone Off Alaska—Pacific Halibut and Red Contractor-Operated Vehicle Fleet Manage- Director, Office of Sustainable Fisheries, Na- King Crab Bycatch Rate Standards for the ment and Reporting’’ received on August 13, tional Marine Fisheries Service, transmit- Second Half of 2002’’ received on August 13, 2003; to the Committee on Commerce, ting, pursuant to law, the report of a rule en- 2003; to the Committee on Commerce, Science, and Transportation. titled ‘‘Fisheries Off West Coast States and Science, and Transportation. EC–4103. A communication from the Under in the Western Pacific; West Coast Salmon EC–4093. A communication from the Direc- Secretary of Commerce for Oceans and At- Fisheries; Inseason Action #1—Adjustment tor, Office of Sustainable Fisheries, National mosphere, Department of Commerce, trans- of the Commercial Fishery from the U.S. Marine Fisheries Service, transmitting, pur- mitting, pursuant to law, a report relative to Canada Border to Cape Falcon, Oregon’’ suant to law, the report of a rule entitled activities of the Northwest Atlantic Fish- (ID062503A) received on August 13, 2003; to ‘‘Fisheries of the Exclusive Economic Zone eries Organization for 2002; to the Committee the Committee on Commerce, Science, and Off Alaska—Closes Deep-Water Species Fish- on Commerce, Science, and Transportation. Transportation. ery by Vessels Using Trawl Gear in the Gulf EC–4104. A communication from the Ad- EC–4085. A communication from the Direc- of Alaska’’ received on August 13, 2003; to the ministrator, Federal Aviation Administra- tor, Office of Sustainable Fisheries, National Committee on Commerce, Science, and tion, Department of Transportation, trans- Marine Fisheries Service, transmitting, pur- Transportation. mitting, pursuant to law, a report relative to suant to law, the report of a rule entitled EC–4094. A communication from the Chair- cabin air quality research done by the Fed- ‘‘Closure; Prohibiting Directed Fishing for man, General Counsel’s Office, Surface eral Aviation Administration; to the Com- Northern Rockfish in the Western Regu- Transportation Board, transmitting, pursu- mittee on Commerce, Science, and Transpor- latory Area of the Gulf of Alaska’’ received ant to law, the report of a rule entitled ‘‘Ar- tation. on August 13, 2003; to the Committee on bitration—Various Matters Relating to its EC–4105. A communication from the Chair- Commerce, Science, and Transportation. Effective Use as an Effective Means of Re- man, Nuclear Regulatory Commission, trans- EC–4086. A communication from the Acting solving Disputes that are Subject to the mitting, the Commission’s latest monthly Director, Office of Sustainable Fisheries, Na- Board’s Jurisdiction’’ (Stb Ex Parte No. 586) report on the status of its licensing and reg- tional Marine Fisheries Service, transmit- received on August 13, 2003; to the Com- ulatory duties; to the Committee on Envi- ting, pursuant to law, the report of a rule en- mittee on Commerce, Science, and Transpor- ronment and Public Works. titled ‘‘Closure; Prohibiting Directed Fishing tation. EC–4106. A communication from the Assist- for Pacific Ocean Perch in the Western Aleu- EC–4095. A communication from the Attor- ant Secretary for Fish and Wildlife and tian District of the Bering Sea and Aleutian ney, Research and Special Programs Admin- Parks, Fish and Wildlife Service, Depart- Islands Management Area’’ received on Au- istration, Department of Transportation, ment of the Interior, transmitting, pursuant gust 13, 2003; to the Committee on Com- transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘Migra- merce, Science, and Transportation. a rule entitled ‘‘Hazardous Materials; Mis- tory Bird Hunting: Early Seasons and Bag

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.144 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11349 and Possession Limits for Certain Migratory law, the report of a rule entitled ‘‘Delega- EC–4129. A communication from the Chief, Game Birds in the Contiguous United States, tions of Authority: Signature of Customs Regulations Unit, Internal Revenue Service, Alaska, Hawaii, Puerto Rico, and the Virgin and Border Protection Regulations Pub- transmitting, pursuant to law, the report of Islands’’ (RIN1018–AI93) received on August lished in Federal Register’’ (RIN1515–AD39) a rule entitled ‘‘Treatment of a Cash Dis- 22, 2003; to the Committee on Environment received on August 11, 2003; to the Com- tribution Made in Connection with a Reduc- and Public Works. mittee on Finance. tion of Benefits Under a Life Insurance Con- EC–4107. A communication from the Dep- EC–4118. A communication from the Chief, tract’’ (Rev. Rul. 2003–95) received on August uty Associate Administrator, Environmental Regulations Branch, Bureau of Customs and 11, 2003; to the Committee on Finance. Protection Agency, transmitting, a copy of a Border Protection, transmitting, pursuant to EC–4130. A communication from the Regu- document related to the Agency’s regulatory law, the report of a rule entitled ‘‘Extension lations Officer, Social Security Administra- programs; to the Committee on Environment of Emergency Import Restrictions Imposed tion, transmitting, pursuant to law, the re- and Public Works. on Ethonological Material from Cyprus’’ port of a rule entitled ‘‘Elimination of Sanc- EC–4108. A communication from the Dep- (RIN1515–AD38) received on August 11, 2003; tions for Refusal of Vocational Rehabilita- uty Associate Administrator, Environmental to the Committee on Finance. tion Services Without Good Cause’’ Protection Agency, transmitting, pursuant EC–4119. A communication from the Senior (RIN0960Z–AF81) received on August 11, 2003; to law, the report of a rule entitled ‘‘Ap- Paralegal, Office of Thrift Supervision, De- to the Committee on Finance. proval and Promulgation of Air Quality Im- partment of the Treasury, transmitting, pur- EC–4131. A communication from the Attor- plementation Plans; Michigan; Definition of suant to law, the report of a rule entitled ney, Office of the General Counsel, Bureau of Volatile Organic Compound’’ (FRL#7526–9) ‘‘Lending and Investment’’ (RIN1550–AB37) Customs and Border Protection, transmit- received on September 2, 2003; to the Com- received on September 2, 2003; to the Com- ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. mittee on Finance. titled ‘‘Interim Rule: Suspension of Imme- EC–4109. A communication from the Dep- EC–4120. A communication from the Direc- diate and Continuous Transit Agreements’’ uty Associate Administrator, Environmental tor, Office of White House Liaison, Depart- received on August 11, 2003; to the Com- Protection Agency, transmitting, pursuant ment of Commerce, transmitting, pursuant mittee on Finance. to law, the report of a rule entitled ‘‘Ap- to law, the report of a nomination confirmed EC–4132. A communication from the Sec- proval and Promulgation of State Implemen- for the position of Assistant Secretary for retary of the Treasury, transmitting, the re- tation Plans; Wisconsin’’ (FRL#7528–7) re- Import Administration, International Trade port of a bookkeeping error relating to the ceived on September 2, 2003; to the Com- Administration, Department of Commerce, Federal Hospital Insurance fund; to the Com- mittee on Environment and Public Works. received on September 2, 2003; to the Com- mittee on Finance. EC–4110. A communication from the Dep- mittee on Finance. uty Associate Administrator, Environmental EC–4121. A communication from the Chief, f Protection Agency, transmitting, pursuant Regulations Unit, Internal Revenue Service, INTRODUCTION OF BILLS AND to law, the report of a rule entitled ‘‘Ap- transmitting, pursuant to law, the report of JOINT RESOLUTIONS proval and Promulgation of State Implemen- a rule entitled ‘‘Valuation of Stock Options tation Plans; Minnesota’’ (FRL#7543–6) re- for Purposes of Golden Parachute Pay- The following bills and joint resolu- ceived on September 2, 2003; to the Com- ments’’ (Rev. Rule 2003–68) received on Au- tions were introduced, read the first mittee on Environment and Public Works. gust 11, 2003; to the Committee on Finance. and second times by unanimous con- EC–4111. A communication from the Chair- EC–4122. A communication from the Chief, sent, and referred as indicated: man, Nuclear Regulatory Commission, trans- Regulations Unit, Internal Revenue Service, By Mr. GRAHAM of South Carolina: mitting, the Commission’s latest monthly transmitting, pursuant to law, the report of S. 1603. A bill the amend title 18 of the report on the status of its licensing and reg- a rule entitled ‘‘Domestic Asset/Liability United States Code, to prohibit the unau- ulatory duties; to the Committee on Envi- and Domestic Investment Yield Percentages thorized use of military certificates, and for ronment and Public Works. for 2002’’ (Rev. Proc. 2002–70) received on Au- other purposes; to the Committee on the Ju- EC–4112. A communication from the Assist- gust 11, 2003; to the Committee on Finance. ant Secretary for Fish and Wildlife and EC–4123. A communication from the Chief, diciary. Parks, Fish and Wildlife Service, Depart- Regulations Unit, Internal Revenue Service, By Mr. SPECTER: ment of the Interior, transmitting, pursuant transmitting, pursuant to law, the report of S. 1604. A bill to increase criminal pen- to law, the report of a rule entitled ‘‘Migra- a rule entitled ‘‘Canadian Retirement Trust alties relating to terrorist murders, deny tory Bird Hunting: Final Frameworks for Plan Reporting’’ (Notice 2003–57) received on Federal benefits to terrorists, and for other Early Season Migratory Bird Hunting Regu- August 11, 2003; to the Committee on Fi- purposes; to the Committee on the Judici- lations’’ (RIN1018–AI93) received on August nance. ary. 22, 2003; to the Committee on Environment EC–4124. A communication from the Chief, By Mr. GRAHAM of Florida (for him- and Public Works. Regulations Unit, Internal Revenue Service, self and Mr. REID): EC–4113. A communication from the Direc- transmitting, pursuant to law, the report of S. 1605. A bill to authorize major medical tor, Office of White House Liaison, Depart- a rule entitled ‘‘Revision of Income Tax Regs facility projects for the Department of Vet- ment of Commerce, transmitting, pursuant Under Sec. 897, 1445, and 6109 to Require Tax- erans Affairs in connection with the Capital to law, the report of a designation of acting payer Identification Numbers’’ (RIN1545– Asset Realignment for Enhanced Services officer and change in previously submitted AY24) received on August 11, 2003; to the initiative and to satisfy Department of Vet- reported information for the position of As- Committee on Finance. erans Affairs requirements on natural disas- sistant Secretary and Director General of EC–4125. A communication from the Chief, ters, and for other purposes; to the Com- the U.S. and Foreign Commercial Service; Regulations Unit, Internal Revenue Service, mittee on Veterans’ Affairs. referred jointly, pursuant to the order of transmitting, pursuant to law, the report of By Mr. KYL: January 30, 1975 as modified by the order of a rule entitled ‘‘Golden Parachute Pay- S. 1606. A bill to strengthen and enhance April 11, 1986; to the Committees on Com- ments’’ (TD9083) received on August 11, 2003; public safety through pretrial detention and merce, Science, and Transportation; and to the Committee on Finance. postrelease supervision of terrorists, and for Banking, Housing, and Urban Affairs. EC–4126. A communication from the Chief, other purposes; to the Committee on the Ju- EC–4114. A communication from the Acting Regulations Unit, Internal Revenue Service, diciary. Trade Representative, Executive Officer of transmitting, pursuant to law, the report of f the President, transmitting, pursuant to a rule entitled ‘‘Dual Consolidated Loss Re- law, a notification of the pending accession capture Events’’ (RIN1545–AY27) received on SUBMISSION OF CONCURRENT AND to the World Trade Organization of the King- August 11, 2003; to the Committee on Fi- SENATE RESOLUTIONS dom of Cambodia; to the Committee on Fi- nance. The following concurrent resolutions EC–4127. A communication from the Chief, nance. and Senate resolutions were read, and EC–4115. A communication from the Com- Regulations Unit, Internal Revenue Service, missioner, Social Security Administration, transmitting, pursuant to law, the report of referred (or acted upon), as indicated: transmitting, a draft of proposed legislation; a rule entitled ‘‘Arbitrage and Private Activ- By Mr. BIDEN (for himself, Mr. AKAKA, to the Committee on Finance. ity Restrictions Applicable to Tax-exempt Mr. ALLEN, Mr. BAYH, Mr. BINGAMAN, EC–4116. A communication from the Chief, Bonds Issued by State and Local Govern- Mrs. BOXER, Mr. BREAUX, Mr. Regulations Branch, Bureau of Customs and ments; Investment Type Property (prepay- BROWNBACK, Mr. CAMPBELL, Ms. Border Protection, transmitting, pursuant to ment); Private Loan (prepayment)’’ (TD9085) CANTWELL, Mr. CARPER, Mr. law, the report of a rule entitled ‘‘Perform- received on August 11, 2003; to the Com- CHAMBLISS, Mrs. CLINTON, Mr. COCH- ance of Customs Business by Parent and mittee on Finance. RAN, Ms. COLLINS, Mr. CRAIG, Mr. Subsidiary Corporations’’ (RIN1515–AD14) re- EC–4128. A communication from the Chief, DEWINE, Mr. DODD, Mrs. DOLE, Mr. ceived on August 11, 2003; to the Committee Regulations Unit, Internal Revenue Service, DOMENICI, Mr. DORGAN, Mr. EDWARDS, on Finance. transmitting, pursuant to law, the report of Mrs. FEINSTEIN, Mr. GRASSLEY, Mr. EC–4117. A communication from the Chief, a rule entitled ‘‘Coverdell Education Savings HAGEL, Mr. HATCH, Mr. HOLLINGS, Regulations Branch, Bureau of Customs and Accounts’’ (Notice 2003–53) received on Au- Mrs. HUTCHISON, Mr. INHOFE, Mr. Border Protection, transmitting, pursuant to gust 11, 2003; to the Committee on Finance. INOUYE, Mr. JOHNSON, Mr. KENNEDY,

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.146 S10PT2 S11350 CONGRESSIONAL RECORD — SENATE September 10, 2003 Mr. KERRY, Ms. LANDRIEU, Mr. LAU- DURBIN) was added as a cosponsor of S. (Mrs. FEINSTEIN), the Senator from TENBERG, Mr. LEAHY, Mr. LIEBERMAN, 736, a bill to amend the Animal Welfare South Carolina (Mr. HOLLINGS), the Mrs. LINCOLN, Mr. LUGAR, Ms. MIKUL- Act to strengthen enforcement of pro- Senator from South Dakota (Mr. JOHN- SKI, Mr. MILLER, Mrs. MURRAY, Mr. visions relating to animal fighting, and SON) and the Senator from Louisiana NELSON of Nebraska, Mr. REID, Mr. ANDRIEU ROCKEFELLER, Mr. SARBANES, Mr. for other purposes. (Ms. L ) were added as cospon- SCHUMER, Mr. SMITH, Ms. SNOWE, Mr. S. 983 sors of S. 1531, a bill to require the Sec- SPECTER, Ms. STABENOW, Mr. TALENT, At the request of Mr. CHAFEE, the retary of the Treasury to mint coins in and Mr. VOINOVICH): name of the Senator from California commemoration of Chief Justice John S. Res. 222. A resolution designating Octo- (Mrs. BOXER) was added as a cosponsor Marshall. ber 17, 2003 as ‘‘National Mammography of S. 983, a bill to amend the Public S. 1548 Day’’; to the Committee on the Judiciary. At the request of Mr. GRASSLEY, the By Mr. CORZINE: Health Service Act to authorize the Di- S. Res. 223. A resolution expressing the rector of the National Institute of En- name of the Senator from Ohio (Mr. sense of the Senate that the life and achieve- vironmental Health Sciences to make DEWINE) was added as a cosponsor of S. ments of Antonio Meucci should be recog- grants for the development and oper- 1548, a bill to amend the Internal Rev- nized, and for other purposes; to the Com- ation of research centers regarding en- enue Code of 1986 to provide incentives mittee on the Judiciary. vironmental factors that may be re- for the production of renewable fuels f lated to the etiology of breast cancer. and to simplify the administration of ADDITIONAL COSPONSORS S. 1283 the Highway Trust Fund fuel excise RAHAM taxes, and for other purposes. S. 50 At the request of Mr. G of Florida, the name of the Senator from S. 1587 At the request of Mr. JOHNSON, the At the request of Mr. BIDEN, the name of the Senator from Massachu- New York (Mr. SCHUMER) was added as a cosponsor of S. 1283, a bill to require name of the Senator from New York setts (Mr. KENNEDY) was added as a co- (Mrs. CLINTON) was added as a cospon- sponsor of S. 50, a bill to amend title advance notification of Congress re- garding any action proposed to be sor of S. 1587, a bill to make it a crimi- 38, United States Code, to provide for a nal act to willfully use a weapon, ex- guaranteed adequate level of funding taken by the Secretary of Veterans Af- fairs in the implementation of the Cap- plosive, chemical weapon, or nuclear or for veterans health care, and for other radioactive material with the intent to purposes. ital Asset Realignment for Enhanced Services initiative of the Department cause death or serious bodily injury to S. 168 of Veterans Affairs, and for other pur- any person while on board a passenger At the request of Mrs. FEINSTEIN, the poses. vessel, and for other purposes. name of the Senator from Utah (Mr. S. 1309 S.J. RES. 17 HATCH) was added as a cosponsor of S. At the request of Mrs. LINCOLN, the At the request of Mr. DORGAN, the 168, a bill to require the Secretary of name of the Senator from Arkansas the Treasury to mint coins in com- name of the Senator from Minnesota (Mr. COLEMAN) was added as a cospon- (Mrs. LINCOLN) was added as a cospon- memoration of the San Francisco Old sor of S.J. Res. 17, a joint resolution Mint. sor of S. 1309, a bill to provide emer- gency assistance to producers that disapproving the rule submitted by the S. 423 have suffered crop losses due to disas- Federal Communications Commission At the request of Ms. COLLINS, the ters. with respect to broadcast media owner- name of the Senator from Maine (Ms. ship. NOWE S. 1325 S ) was added as a cosponsor of S. S. CON. RES. 21 423, a bill to promote health care cov- At the request of Mr. BURNS, the name of the Senator from Kansas (Mr. At the request of Mr. BUNNING, the erage parity for individuals partici- names of the Senator from Washington pating in legal recreational activities ROBERTS) was added as a cosponsor of (Ms. CANTWELL), the Senator from or legal transportation activities. S. 1325, a bill to amend the National Maine (Ms. COLLINS) and the Senator S. 491 Highway System Designation Act of 1995 to modify the applicability of re- from Massachusetts (Mr. KERRY) were At the request of Mr. REID, the name added as cosponsors of S. Con. Res. 21, of the Senator from New Jersey (Mr. quirements concerning hours of service to operators of commercial motor vehi- a concurrent resolution expressing the LAUTENBERG) was added as a cosponsor sense of the Congress that community of S. 491, a bill to expand research re- cles transporting agricultural commod- ities and farm supplies. inclusion and enhanced lives for indi- garding inflammatory bowel disease, viduals with mental retardation or S. 1380 and for other purposes. other developmental disabilities is at S. 569 At the request of Mr. JOHNSON, his serious risk because of the crisis in re- At the request of Mr. ENSIGN, the name was added as a cosponsor of S. cruiting and retaining direct support name of the Senator from Vermont 1380, a bill to distribute universal serv- professionals, which impedes the avail- (Mr. JEFFORDS) was added as a cospon- ice support equitably throughout rural ability of a stable, quality direct sup- sor of S. 569, a bill to amend title XVIII America, and for other purposes. port workforce. S. 1393 of the Social Security Act to repeal the S. RES. 209 medicare outpatient rehabilitation At the request of Mr. HARKIN, the At the request of Mr. JEFFORDS, the therapy caps. names of the Senator from New Mexico name of the Senator from Pennsyl- S. 606 (Mr. BINGAMAN), the Senator from Ar- vania (Mr. SPECTER) was added as a co- At the request of Mr. NELSON of Flor- kansas (Mrs. LINCOLN) and the Senator sponsor of S. Res. 209, a resolution rec- ida, his name was added as a cosponsor from Idaho (Mr. CRAIG) were added as ognizing and honoring Woodstock, of S. 606, a bill to provide collective cosponsors of S. 1393, a bill to amend Vermont, native Hiram Powers for his bargaining rights for public safety offi- the Richard B. Russell National School extraordinary and enduring contribu- cers employed by States or their polit- Lunch Act to reauthorize and expand tions to American sculpture. ical subdivisions. the fruit and vegetable pilot program. S. RES. 210 S. 656 S. 1508 At the request of Mr. KENNEDY, the At the request of Mr. REED, the name At the request of Mr. HAGEL, the name of the Senator from North Caro- of the Senator from Massachusetts name of the Senator from Arizona (Mr. lina (Mr. EDWARDS) was added as a co- (Mr. KERRY) was added as a cosponsor MCCAIN) was added as a cosponsor of S. sponsor of S. Res. 210, a resolution ex- of S. 656, a bill to provide for the ad- 1508, a bill to address regulation of sec- pressing the sense of the Senate that justment of status of certain nationals ondary mortage market enterprises, supporting a balance between work and of Liberia to that of lawful permanent and for other purposes. personal life is in the best interest of residence. S. 1531 national worker productivity, and that S. 736 At the request of Mr. HATCH, the the President should issue a proclama- At the request of Mr. ENSIGN, the names of the Senator from Maine (Ms. tion designating October of 2003 as name of the Senator from Illinois (Mr. COLLINS), the Senator from California ‘‘National Work and Family Month’’.

VerDate jul 14 2003 01:52 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.148 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11351 AMENDMENT NO. 1571 ator from New York (Mrs. CLINTON), S. 1604. A bill to increase criminal At the request of Mr. DEWINE, the the Senator from Massachusetts (Mr. penalties relating to terrorist murders, name of the Senator from New York KENNEDY) and the Senator from West deny Federal benefits to terrorists, and (Mrs. CLINTON) was added as a cospon- Virginia (Mr. BYRD) were added as co- for other purposes; to the Committee sor of amendment No. 1571 intended to sponsors of amendment No. 1592 pro- on the Judiciary. be proposed to H.R. 2660, a bill making posed to H.R. 2660, a bill making appro- Mr. SPECTER. Mr. President, I ask appropriations for the Departments of priations for the Departments of unanimous consent that the text of the Labor, Health and Human Services, Labor, Health and Human Services, bill be printed in the RECORD. and Education, and related agencies for and Education, and related agencies for There being no objection, the bill was the fiscal year ending September 30, the fiscal year ending September 30, ordered to be printed in the RECORD, as 2004, and for other purposes. 2004, and for other purposes. follows: AMENDMENT NO. 1572 AMENDMENT NO. 1595 S. 1604 At the request of Mr. DODD, the At the request of Mr. REED, the Be it enacted by the Senate and House of Rep- names of the Senator from New York names of the Senator from Washington resentatives of the United States of America in (Mrs. CLINTON) and the Senator from (Ms. CANTWELL), the Senator from Congress assembled, Virginia (Mr. WARNER) were added as Washington (Mrs. MURRAY) and the SECTION 1. SHORT TITLE. cosponsors of amendment No. 1572 pro- Senator from Connecticut (Mr. DODD) This Act may be cited as the ‘‘Terrorist Penalties Enhancement Act of 2003’’. posed to H.R. 2660, a bill making appro- were added as cosponsors of amend- ment No. 1595 proposed to H.R. 2660, a SEC. 2. PENALTIES FOR TERRORIST MURDERS. priations for the Departments of (a) IN GENERAL.—Chapter 113B of title 18, Labor, Health and Human Services, bill making appropriations for the De- United States Code, is amended by adding at and Education, and related agencies for partments of Labor, Health and Human the end the following: the fiscal year ending September 30, Services, and Education, and related ‘‘§ 2339D. Terrorist offenses resulting in death agencies for the fiscal year ending Sep- 2004, and for other purposes. ‘‘(a) PENALTY.—A person who, in the course AMENDMENT NO. 1580 tember 30, 2004, and for other purposes. of committing a terrorist offense, engages in At the request of Mr. HARKIN, the AMENDMENT NO. 1595 conduct that results in the death of a person, names of the Senator from Louisiana At the request of Ms. LANDRIEU, her shall be punished by death or imprisoned for (Ms. LANDRIEU), the Senator from West name was added as a cosponsor of any term of years or for life. ‘‘(b) TERRORIST OFFENSE DEFINED.—In this Virginia (Mr. ROCKEFELLER), the Sen- amendment No. 1595 proposed to H.R. 2660, supra. section, the term ‘terrorist offense’ means— ator from Michigan (Mr. LEVIN), the ‘‘(1) international or domestic terrorism as AMENDMENT NO. 1596 Senator from New Mexico (Mr. BINGA- defined in section 2331; MAN), the Senator from Washington At the request of Mr. DASCHLE, his ‘‘(2) a Federal crime of terrorism as defined (Ms. CANTWELL) and the Senator from name was added as a cosponsor of in section 2332b(g); Delaware (Mr. BIDEN) were added as co- amendment No. 1596 proposed to H.R. ‘‘(3) an offense under this chapter; sponsors of amendment No. 1580 pro- 2660, a bill making appropriations for ‘‘(4) section 175, 175b, 229, or 831 of this posed to H.R. 2660, a bill making appro- the Departments of Labor, Health and title; Human Services, and Education, and ‘‘(5) section 236 of the Atomic Energy Act priations for the Departments of of 1954 (42 U.S.C. 2284); or Labor, Health and Human Services, related agencies for the fiscal year end- ing September 30, 2004, and for other ‘‘(6) an attempt or conspiracy to commit and Education, and related agencies for an offense described in paragraph (1), (2), (3), the fiscal year ending September 30, purposes. (4), or (5).’’. 2004, and for other purposes. AMENDMENT NO. 1596 (b) CHAPTER ANALYSIS.—The chapter anal- EED AMENDMENT NO. 1586 At the request of Mr. R , the name ysis of chapter 113B of title 18, United States of the Senator from Michigan (Ms. Code, is amended by inserting at the end the At the request of Mr. NELSON of Ne- following: braska, the names of the Senator from STABENOW) was added as a cosponsor of amendment No. 1596 proposed to H.R. ‘‘2339D. Terrorist offenses resulting in New Jersey (Mr. CORZINE), the Senator 2660, supra. death.’’. from Vermont (Mr. LEAHY) and the (c) AGGRAVATING FACTORS.— AMENDMENT NO. 1602 Senator from New Jersey (Mr. LAUTEN- (1) IN GENERAL.—Section 3591(a)(1) of title At the request of Mr. CORZINE, the BERG) were added as cosponsors of 18, United States Code, is amended by strik- amendment No. 1586 intended to be pro- names of the Senator from Massachu- ing ‘‘or section 2381’’ and inserting ‘‘2339D, or posed to H.R. 2660, a bill making appro- setts (Mr. KERRY), the Senator from 2381’’. priations for the Departments of Michigan (Ms. STABENOW), the Senator (2) CONFORMING AMENDMENT.—Section from Michigan (Mr. LEVIN) and the 3592(b) of title 18, United States Code, is Labor, Health and Human Services, Senator from Massachusetts (Mr. KEN- amended— and Education, and related agencies for NEDY) were added as cosponsors of (A) in the heading, by striking ‘‘AND TREA- the fiscal year ending September 30, amendment No. 1602 proposed to H.R. SON’’ and inserting ‘‘, TREASON, AND TER- 2004, and for other purposes. 2660, a bill making appropriations for RORISM’’; and AMENDMENT NO. 1588 (B) in paragraph (1)— the Departments of Labor, Health and (i) in the heading, by striking ‘‘OR TREA- At the request of Mr. BINGAMAN, the Human Services, and Education, and names of the Senator from New Jersey SON’’ and inserting ‘‘, TREASON, OR TER- related agencies for the fiscal year end- RORISM’’; and (Mr. CORZINE), the Senator from Min- ing September 30, 2004, and for other (ii) by striking ‘‘or treason’’ and inserting nesota (Mr. DAYTON) and the Senator purposes. ‘‘, treason, or terrorism’’. from California (Mrs. FEINSTEIN) were AMENDMENT NO. 1603 SEC. 3. DENIAL OF FEDERAL BENEFITS TO TER- added as cosponsors of amendment No. At the request of Mr. REID, the RORISTS. 1588 proposed to H.R. 2660, a bill mak- names of the Senator from Connecticut (a) IN GENERAL.—Chapter 113B of title 18, ing appropriations for the Departments United States Code, is amended by adding at (Mr. LIEBERMAN), the Senator from Ar- the end the following: of Labor, Health and Human Services, kansas (Mr. PRYOR) and the Senator and Education, and related agencies for ‘‘§ 2339E. Denial of Federal benefits to terror- from New Mexico (Mr. BINGAMAN) were ists the fiscal year ending September 30, added as cosponsors of amendment No. 2004, and for other purposes. ‘‘(a) IN GENERAL.—Any individual who is 1603 proposed to H.R. 2660, a bill mak- convicted of a Federal crime of terrorism (as AMENDMENT NO. 1588 ing appropriations for the Departments defined in section 2332b(g)) shall, as provided At the request of Mr. ROCKEFELLER, of Labor, Health and Human Services, by the court on motion of the Government, his name was added as a cosponsor of and Education, and related agencies for be ineligible for any or all Federal benefits amendment No. 1588 proposed to H.R. the fiscal year ending September 30, for any term of years or for life. 2660, supra. 2004, and for other purposes. ‘‘(b) FEDERAL BENEFIT DEFINED.—As used AMENDMENT NO. 1592 in this section, ‘Federal benefit’ has the f meaning given that term in section 421(d) of At the request of Mr. REED, the the Controlled Substances Act (21 U.S.C. names of the Senator from New Jersey STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS 862(d)).’’. (Mr. LAUTENBERG), the Senator from (b) CHAPTER ANALYSIS.—The chapter anal- Massachusetts (Mr. KERRY), the Sen- By Mr. SPECTER: ysis of chapter 113B of title 18, United States

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.150 S10PT2 S11352 CONGRESSIONAL RECORD — SENATE September 10, 2003 Code, is amended by inserting at the end the fastest growing markets in the U.S.’’ by the Secretary, as part of the Capital following: VA also acknowledges that there is a Asset Realignment for Enhanced Services ‘‘2339E. Denial of Federal benefits to terror- gap in long-term care accessibility in (CARES) initiative, $170,000,000. ists.’’. this area, and that contracting in the (2) Improvements of the Department of Veterans Affairs Medical Center in San By Mr. GRAHAM of Florida (for community is not a viable option as Juan, Puerto Rico, in order to bring that fa- there are quality of care issues with himself and Mr. REID): cility into compliance with the CD–54 Nat- S. 1605. A bill to authorize major the region’s private sector facilities. ural Disasters Directive, $30,000,000. medical facility projects for the De- Why should we wait to authorize (3) Construction of a health care facility in partment of Veterans Affairs in con- projects whose necessity is broadly rec- Las Vegas, Nevada, as part of the Capital ognized by veterans and VA alike? Asset Realignment for Enhanced Services nection with the Capital Asset Realign- initiative, $250,000,000. ment for Enhanced Services initiative This legislation would also authorize SEC. 2. AUTHORIZATION OF APPROPRIATIONS. and to satisfy Department of Veterans $30 million for the San Juan VA Med- (a) IN GENERAL.—There are authorized to Affairs requirements on natural disas- ical Center to undertake much needed upgrading in order to ensure that pa- be appropriated for the Secretary of Vet- ters, and for other purposes; to the erans Affairs for fiscal year 2004 for the Con- Committee on Veterans’ Affairs. tient safety is not unnecessarily jeop- struction, Major Projects, account, a total of Mr. GRAHAM. Mr. President, I rise ardized in the event of an earthquake. $450,000,000 for the projects authorized in sec- today to introduce legislation that The money would be used to bring the tion 1. would authorize the construction of facility in line with the CD–54 natural (b) LIMITATION.—The projects authorized in new veterans’ hospitals in east-central disasters directive, enabling vital serv- section 1 may only be carried out using— ices to continue to be provided for 7 to (1) funds appropriated for fiscal year 2004 Florida and Las Vegas, NV. In addi- pursuant to the authorization of appropria- tion, the legislation would enable the 10 days after a disaster. Services that would be reinforced by this project are tions in subsection (a); Department of Veterans Affairs, VA, (2) funds appropriated for Construction, Medical Center in San Juan, Puerto primarily utilities, which in some Major Projects, for a fiscal year before fiscal Rico, to sustain operations in the event cases provide lifesaving support to pa- year 2004 that remain available for obliga- of a natural disaster, such as an earth- tients. tion; and quake. In 1991, the San Juan VA Medical (3) funds appropriated for Construction, For years now, VA has been under a Center was deemed seismically un- Major Projects, for fiscal year 2004 for a cat- sort of moratorium for new construc- sound, and other structural defi- egory of activity not specific to a project. ciencies were uncovered as well. Al- tion projects. This was due to the cap- Mr. REID. Mr. President, I join with ital asset realignment for enhanced though the Carribean is not normally my colleague, Senator GRAHAM of Flor- services, CARES, process, which is de- thought of as a seismic ‘‘hot spot,’’ the islands are mountainous and severe ida, to introduce legislation that au- signed to examine VA’s infrastructure thorizes funding for a new veterans’ and try to realign it to better meet the earthquakes do occur there every few hospital, outpatient clinic and senior projected needs of veterans. Many here decades. The supposed unlikelihood of center in Southern Nevada. Nevada is in Congress were understandably reluc- such an event is no reason to not have now the third most popular retirement tant to invest any valuable dollars in a contingency operations should some- State in the Nation. And many of the facility that may ultimately be slated thing actually occur. Patient safety is retirees who make their homes in Ne- for downsizing. not something that can be gambled However, the CARES process is now with in this manner. It is important vada are veterans who served our coun- nearing its end. The CARES Commis- that we supply the San Juan VA Med- try with courage and honor. sion is in the process of reviewing the ical Center with the additional re- More than 240,000 veterans live in Ne- national draft plan developed by the sources it needs to make sure that no vada, and more than one-third of Ne- Under Secretary for Health, and Com- patient has to go without life support vada’s residents over age 65 have worn missioners will make their rec- in the event of a natural disaster. I was the uniform of the United States. Vet- ommendations to the Secretary by the disappointed that the San Juan up- erans are the cornerstone of our econ- end of November. The Secretary will grading project was not included in omy. They are also our neighbors, our then make his final decisions on what VA’s draft plan, but regardless, I do be- family members and our friends. plans will be implemented by the end lieve we have an obligation to make As we welcome these veterans, we of the year. these needed repairs. must also ensure that they can get the Included in the national draft plan Finally, I would like to recognize the services they need—especially medical were two major construction initia- efforts of my friend Senator REID in care. Our veterans put their lives on tives: a new hospital and clinic in Las this initiative, who is also facing a rap- the line for our freedom. They deserve Vegas, NV, and a new facility in east- idly growing veteran population in his the best health care in the world. But central Florida. In light of the fact home State of Nevada. Additionally, I we have been struggling to keep up that these two projects are the only want to thank Representative CORRINE with our fast-growing population of new hospitals included in the draft BROWN of the Orlando area, Represent- veterans. plan, and that the great need in both of ative SHELLEY BERKLEY of Las Vegas, Across the Nation, more than 110,000 these areas has been well documented, and Representative ANI´BAL ACEVEDO- veterans have waited more than 6 the sooner we can get these facilities VILA´ of Puerto Rico, who have all been months for their first medical appoint- up and running, the better. very helpful in developing a companion ment with the VA. There have been Veterans living in east-central Flor- bill in the House. some backlogs in booming areas like ida are in dire need of a full-fledged VA I urge my colleagues to join us in Las Vegas, which has the highest hospital. One VA report found that this effort for our Nation’s veterans. growth rate in the Nation. This new fa- since 1996, ‘‘the Central Florida market There being no objection, the bill was cility should ease some of these delays sustained the greatest workload expan- ordered to be printed in the RECORD, as and result in improved care for our vet- sion of the entire VA system—105 per- follows: erans. cent.’’ Other VA studies have deemed S. 1605 I was pleased to learn recently from Orlando as ‘‘the logical choice for in- Be it enacted by the Senate and House of Rep- VA Secretary Anthony Principi that he frastructure investment for all major resentatives of the United States of America in endorsed the building of a new hospital Inpatient and Outpatient categories.’’ Congress assembled, in southern Nevada. This bill, which The decision about where to place a SECTION 1. AUTHORIZATION OF MAJOR MEDICAL was made possible by the strong leader- new VA hospital in this region falls to FACILITY PROJECTS. ship of Senator GRAHAM of Florida, VA, but I encourage Secretary Principi The Secretary of Veterans Affairs may would authorize $250 million to build carry out the following major medical facil- this sorely needed facility. to carefully study all the options to en- ity projects, with each project to be carried sure that the most appropriate loca- out in an amount not to exceed the amount I realize that we have many urgent tion is chosen. specified for that project: priorities today, and our resources are Las Vegas, in Clark County, NV, was (1) Construction of a health care facility at not unlimited. But this is a matter of recognized by VA as, ‘‘. . . one of the a location in East Central Florida selected national security. We have soldiers in

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.152 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11353 the desert of Iraq today who volun- of billions of dollars of economic dam- fense involved in or related to domestic or teered to risk their lives protecting our age. It could also limit supervision for international terrorism as defined in section freedom. They willingly put their lives persons who provide the essential fi- 2331 of title 18 of the United States Code’’. on the line for us. In return, we make nancial or other material support for SEC. 3. POSTRELEASE SUPERVISION OF TERROR- certain promises to them. One of those terrorist acts, but who do not them- ISTS. Section 3583(j) of title 18, United States promises is that they will receive qual- selves directly engage in violent ter- Code, is amended by striking ‘‘, the commis- ity health care when they come home. rorist acts. sion’’ and all that follows through ‘‘person,’’. We must keep this promise to our The continuing danger posed to our f troops. Nation’s security by such persons may Right now, I am sorry to say, we are be no less than that posed by the direct SUBMITTED RESOLUTIONS not keeping that promise to the Na- perpetrators of terrorist violence. The tion’s veterans. This bill will help steer courts should be afforded the same de- us onto the right course, and begin to gree of discretion in prescribing SENATE RESOLUTION 222—DESIG- correct that injustice for the veterans postrelease supervision for these ter- NATING OCTOBER 17, 2003 AS in Southern Nevada. rorists as for others. ‘‘NATIONAL MAMMOGRAPHY I urge your support of this legisla- For this reason, the bill introduced DAY’’ tion. today eliminates the foreseeable-risk- Mr. BIDEN (for himself, Mr. AKAKA, of-injury requirement and allows life- Mr. ALLEN, Mr. BAYH, Mr. BINGAMAN, By Mr. KYL: time supervision for all offenses in the Mrs. BOXER, Mr. BREAUX, Mr. S. 1606. A bill to strengthen and en- standard list of crimes likely to be BROWNBACK, Mr. CAMPBELL, Ms. CANT- hance public safety through pretrial committed by terrorists and their sup- WELL, Mr. CARPER, Mr. CHAMBLISS, Mrs. detention and postrelease supervision porters. This reform reflects the con- CLINTON, Mr. COCHRAN, Ms. COLLINS, of terrorists, and for other purposes; to tinuing danger posed by convicted ter- Mr. CRAIG, Mr. DEWINE, Mr. DODD, Mrs. the Committee on the Judiciary. rorists after their completion of a term DOLE, Mr. DOMENICI, Mr. DORGAN, Mr. Mr. KYL. Mr. President, I rise today of imprisonment. It recognizes that EDWARDS, Mrs. FEINSTEIN, Mr. GRASS- to introduce the ‘‘Pretrial Detention even those terrorists not directly in- LEY, Mr. HAGEL, Mr. HATCH, Mr. HOL- and Lifetime Supervision of Terrorists volved in the use of violence may con- LINGS, Mrs. HUTCHISON, Mr. INHOFE, Mr. Act of 2003,’’ legislation that will fill tinue to harbor a commitment to ter- INOUYE, Mr. JOHNSON, Mr. KENNEDY, continuing gaps in the laws that our rorist goals and methods that will not Mr. KERRY, Ms. LANDRIEU, Mr. LAUTEN- police and prosecutors use to protect dissipate within a few years of release. BERG, Mr. LEAHY, Mr. LIEBERMAN, Mrs. our Nation from terrorism. I look forward to the Senate’s consid- LINCOLN, Mr. LUGAR, Ms. MIKULSKI, Mr. Under current Federal law, defend- eration of these common-sense reforms MILLER, Mrs. MURRAY, Mr. NELSON of ants accused of certain crimes—such as to our Nation’s anti-terror laws. Nebraska, Mr. REID, Mr. ROCKEFELLER, drug crimes carrying a potential sen- Mr. President, I ask unanimous con- Mr. SARBANES, Mr. SCHUMER, Mr. tence of ten years or more—are pre- sent that the text of the bill be printed SMITH, Ms. SNOWE, Mr. SPECTER, Ms. sumptively denied pretrial release. in the RECORD. STABENOW, Mr. TALENT, and Mr. This provision of current law, however, There being no objection, the bill was VOINOVICH) submitted the following does not apply to terrorists. ordered to be printed in the RECORD, as resolution; which was referred to the The legislation that I have intro- follows: Committee on the Judiciary: duced today would fix this oversight, S. 1606 S. RES. 222 by amending the criminal code to pre- Be it enacted by the Senate and House of Rep- Whereas according to the American Cancer sumptively deny pre-trial release to resentatives of the United States of America in Society, in 2003, 211,300 women will be diag- persons charged with terrorist activity. Congress assembled, nosed with breast cancer and 39,800 women The presumption would apply to Fed- SECTION 1. SHORT TITLE. will die from this disease; eral crimes of terrorism, as enumer- This Act may be cited as the ‘‘Pretrial De- Whereas it is estimated that about 2,000,000 ated in the criminal code, if the Attor- tention and Lifetime Supervision of Terror- women were diagnosed with breast cancer in ney General certifies that the offense, ists Act of 2003’’. the 1990s, and that in nearly 500,000 of those by its nature and context, appears to SEC. 2. PRESUMPTION FOR PRETRIAL DETEN- cases, the cancer resulted in death; be intended to intimidate or coerce a TION IN CASES INVOLVING TER- Whereas African-American women suffer a RORISM. 30 percent greater mortality from breast civilian population, to influence the Section 3142 of title 18, United States Code, cancer than White women and more than a policy of a government by intimidation is amended— 100 percent greater mortality from breast or coercion, or to affect the conduct of (1) in the flush language at the end of sub- cancer than women from Hispanic, Asian, a government by mass destruction, as- section (e) by— and American Indian populations; sassination, or kidnapping, or an of- (A) striking ‘‘or’’ before ‘‘the Maritime’’; Whereas the risk of breast cancer increases fense involved in or related to domestic and with age, with a woman at age 70 years hav- or international terrorism. (B) striking ‘‘or’’ before ‘‘2332b’’; and ing twice as much of a chance of developing Extending the presumption in cur- (C) inserting before the period at the end the disease as a woman at age 50 years; rent law to terrorist offenses is justi- the following: ‘‘, or an offense listed in sec- Whereas at least 80 percent of the women tion 2332b(g)(5)(B) of title 18 of the United who get breast cancer have no family history fied by the unparalleled magnitude of States Code, if the Attorney General cer- of the disease; the threat posed to our Nation by acts tifies that the offense appears by its nature Whereas mammograms, when operated of terrorism. Terrorists are at least as or context to be intended to intimidate or professionally at a certified facility, can pro- much of a threat as drug dealers—and coerce a civilian population, to influence the vide safe screening and early detection of should also be subject to a presumption policy of a government by intimidation or breast cancer in many women; of pre-trial detention. coercion, or to affect the conduct of a gov- Whereas mammography is an excellent The bill that I have introduced today ernment by mass destruction, assassination, method for early detection of localized also would broaden the list of offenses or kidnaping, or an offense involved in or re- breast cancer, which has a 5-year survival lated to domestic or international terrorism rate of more than 97 percent; that render a convicted terrorist eligi- as defined in section 2331 of title 18 of the Whereas the National Cancer Institute and ble for lifetime supervision subsequent United States Code’’; and the American Cancer Society continue to to his release from prison. Currently (2) in subsections (f)(1)(A) and (g)(1), by in- recommend periodic mammograms; and law allows lifetime post-release super- serting after ‘‘violence’’ the following: ‘‘or Whereas the National Breast Cancer Coali- vision for terrorist offenses only if they an offense listed in section 2332b(g)(5)(B) of tion recommends that each woman and her result in or create a foreseeable risk of title 18 of the United States Code, if the At- health care provider make an individual de- death or serious injury. This limitation torney General certifies that the offense ap- cision about mammography: Now, therefore, could prevent the imposition of ade- pears by its nature or context to be intended be it to intimidate or coerce a civilian population, Resolved, That the Senate— quate supervision periods for persons to influence the policy of a government by (1) designates October 17, 2003, as ‘‘Na- convicted of non-violent terrorist of- intimidation or coercion, or to affect the tional Mammography Day’’; and fenses, such as a computer attack on conduct of a government by mass destruc- (2) requests that the President issue a the United States that results in tens tion, assassination, or kidnaping, or an of- proclamation calling upon the people of the

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.166 S10PT2 S11354 CONGRESSIONAL RECORD — SENATE September 10, 2003 United States to observe the day with appro- search studies are unconvinced of the SENATE RESOLUTION 223—EX- priate programs and activities. need for periodic screening mammog- PRESSING THE SENSE OF THE Mr. BIDEN. Mr. President, today I raphy. However, even those scientists SENATE THAT THE LIFE AND am introducing a resolution desig- who do not support periodic mammog- ACHIEVEMENTS OF ANTONIO nating October 17, 2003, as ‘‘National raphy for all women believe that it is MEUCCI SHOULD BE RECOG- Mammography Day’’. I am pleased that appropriate for some groups of women NIZED, AND FOR OTHER PUR- 52 of my colleagues have endorsed this with particular risk factors. In agree- POSES proposal by agreeing to be original co- ment with these experts, I encourage Mr. CORZINE submitted the fol- sponsors. I might note that I have sub- all women who have doubts about the lowing resolution; which was referred mitted a similar resolution each year usefulness of screening mammography to the Committee on the Judiciary: since 1993, and on each occasion the in general to discuss with their indi- S. RES. 223 Senate has shown its support for the vidual physicians whether this test is Whereas Antonio Meucci, the great Italian- fight against breast cancer by approv- appropriate in their specific situations. American inventor, had a career that was ing the resolution. both extraordinary and tragic; Each year, as I prepare to submit So my message to women is: have a Whereas upon immigrating to New York, this resolution, I review the latest in- periodic mammogram, or at the very Meucci continued to work with ceaseless formation from the American Cancer least discuss this option with your own vigor on a project he had begun in Havana, Society about breast cancer. For the physician. Cuba, an invention he later called the year 2003, it is estimated that over ‘‘teletrofono’’, involving electronic commu- I know that some women don’t have 211,000 women will be diagnosed with nications; breast cancer and slightly fewer than annual mammograms because of either Whereas Meucci set up a rudimentary com- munications link in his Staten Island home 40,000 women will die of this disease. fear or forgetfulness. It is only human nature for some women to avoid mam- that connected the basement with the first In past years, I have often com- floor, and later, when his wife began to suffer mented on how gloomy these statistics mograms because they are afraid of from crippling arthritis, he created a perma- were. But as I review how these num- what they will find. To those who are nent link between his lab and his wife’s sec- bers are changing over time, I have fearful, I would say that if you have ond floor bedroom; come to the realization that it is really periodic routine mammograms, and the Whereas having exhausted most of his more appropriate to be optimistic. The latest one comes out positive, even be- life’s savings in pursuing his work, Meucci number of deaths from breast cancer is fore you have any symptoms or have was unable to commercialize his invention, actually stable or falling from year to though he demonstrated his invention in 1860 found a lump on self-examination, you and had a description of it published in New year. Early detection of breast cancer have reason to be optimistic, not pessi- York’s Italian language newspaper; continues to result in extremely favor- mistic. Such early-detected breast can- Whereas Meucci never learned English well able outcomes: 97 percent of women cers are highly treatable. enough to navigate the complex American with localized breast cancer will sur- business community; vive 5 years or longer. New digital Then there is forgetfulness. I cer- Whereas Meucci was unable to raise suffi- techniques make the process of mam- tainly understand how difficult it is to cient funds to pay his way through the pat- mography much more rapid and precise remember to do something that only ent application process, and thus had to set- than before. Government programs will comes around once each year. I would tle for a caveat, a one year renewable notice provide free mammograms to those of an impending patent, which was first filed suggest that this is where ‘‘National on December 28, 1871; who can’t afford them, as well as Med- Mammography Day’’ comes in. On that Whereas Meucci later learned that the icaid eligibility for treatment if breast day, let’s make sure that each woman Western Union affiliate laboratory report- cancer is diagnosed. Information about we know picks a specific date on which edly lost his working models, and Meucci, treatment of breast cancer with sur- to get a mammogram each year, a date who at this point was living on public assist- gery, chemotherapy, and radiation that she won’t forget: a child’s birth- ance, was unable to renew the caveat after therapy has exploded, reflecting enor- 1874; day, an anniversary, perhaps even the mous research advances in this disease. Whereas in March 1876, Alexander Graham day her taxes are due. On National So I am feeling quite positive about Bell, who conducted experiments in the same our battle against breast cancer. A di- Mammography Day, let’s ask our loved laboratory where Meucci’s materials had been stored, was granted a patent and was agnosis of breast cancer is not a death ones: pick one of these dates, fix it in your mind along with a picture of your thereafter credited with inventing the tele- sentence, and I encounter long-term phone; survivors of breast cancer nearly daily. child, your wedding, or another symbol Whereas on January 13, 1887, the Govern- In recent times, the newspapers have of that date, and promise yourself to ment of the United States moved to annul been filled with discussion over wheth- get a mammogram on that date every the patent issued to Bell on the grounds of er the scientific evidence actually sup- year. Do it for yourself and for the oth- fraud and misrepresentation, a case that the ports the conclusion that periodic ers that love you and want you to be Supreme Court found viable and remanded screening mammography saves lives. It for trial; part of their lives for as long as pos- Whereas Meucci died in October 1889, the seems that much of this controversy sible. Bell patent expired in 1893, and the case was relates to new interpretations of old And to those women who are reluc- discontinued as moot without ever reaching studies, and the relatively few recent tant to have a mammogram, I say let the underlying issue of the true inventor of studies of this matter have not clari- the telephone entitled to the patent; and fied this issue. Most sources seem to National Mammography Day serve as a Whereas if Meucci had been able to pay the agree that all of the existing scientific reminder to discuss this question each $10 fee to maintain the caveat after 1874, no studies have some weaknesses, but it is year with your physician. New sci- patent could have been issued to Bell: Now, far from clear whether the very large entific studies that are published and therefore, be it and truly unambiguous study needed to new mammography techniques that are Resolved, That it is the sense of the Senate developed may affect your decision on that— settle this matter definitively can ever (1) the life and achievements of Antonio be done. this matter from one year to the next. Meucci should be recognized; and So what is a woman to do? I do not I encourage you to keep an open mind (2) the work of Antonio Meucci in the in- claim any expertise in this highly tech- and not to feel that a decision at one vention of the telephone should be acknowl- nical area, so I rely on the experts. The point in time commits you irrevocably edged. American Cancer Society, the National to a particular course of action for the Cancer Institute, and the U.S. Preven- indefinite future. Mr. CORZINE. Mr. President, I rise tive Services Task Force all continue today to submit a resolution to recog- to recommend periodic screening mam- I urge my colleagues to join me in nize the life and achievements of Anto- mography, and I endorse the state- the ongoing fight against breast cancer nio Meucci, an Italian-American inven- ments of these distinguished bodies. by cosponsoring and voting for this res- tor who had both an extraordinary and On the other hand, I recognize that olution to designate October 17, 2003, as a tragic career. Mr. Meucci made a some women who examine these re- National Mammography Day. great contribution as a pioneer in the

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.170 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11355 development of the telephone, and his H.R. 2660, supra; which was ordered to lie on 1542 proposed by Mr. SPECTER to the bill H.R. legacy deserves recognition. the table. 2660, supra. Born in 1808 in Florence, Italy, Anto- SA 1609. Mrs. BOXER (for herself, Mr. LAU- SA 1627. Mr. HARKIN (for Mr. DODD (for nio Meucci showed academic promise TENBERG, Mr. REID, Ms. LANDRIEU, Mr. himself and Mrs. LINCOLN)) proposed an KERRY, and Mr. CORZINE) proposed an amend- amendment to amendment SA 1542 proposed from an early age. After being educated ment to amendment SA 1542 proposed by Mr. by Mr. SPECTER to the bill H.R. 2660, supra. at the Academy of Fine Arts, he rose to SPECTER to the bill H.R. 2660, supra. SA 1628. Mr. HARKIN (for Mr. KENNEDY) the position of assistant to the chief SA 1610. Ms. LANDRIEU (for herself, Mrs. proposed an amendment to amendment SA engineer for a leading Florentine the- MURRAY, Mr. ROCKEFELLER, and Mr. LEVIN) 1542 proposed by Mr. SPECTER to the bill H.R. ater. In 1835, he was recruited by a fa- proposed an amendment to amendment SA 2660, supra. mous entrepreneur to work as chief en- 1542 proposed by Mr. SPECTER to the bill H.R. SA 1629. Mr. SPECTER (for Mr. MCCAIN gineer for a new theater in Havana, 2660, supra. (for himself and Mr. BAYH)) proposed an SA 1611. Mr. DURBIN (for himself, Mr. Cuba. There he began work on many of amendment to amendment SA 1542 proposed SCHUMER, Mr. DORGAN, and Mr. NELSON, of by Mr. SPECTER to the bill H.R. 2660, supra. his inventions, including those relating Nebraska) proposed an amendment to SA 1630. Mr. SPECTER proposed an amend- to telephonic communication. amendment SA 1542 proposed by Mr. SPECTER ment to amendment SA 1542 proposed by Mr. Meucci left Havana for the United to the bill H.R. 2660, supra. SPECTER to the bill H.R. 2660, supra. States in 1850 in search of a better en- SA 1612. Ms. CANTWELL submitted an SA 1631. Mr. HARKIN (for Mr. SCHUMER) vironment to develop his ideas relating amendment intended to be proposed to proposed an amendment to amendment SA to the telephone. In 1854, after his wife amendment SA 1542 proposed by Mr. SPECTER 1542 proposed by Mr. SPECTER to the bill H.R. to the bill H.R. 2660, supra. 2660, supra. had fallen ill, Mr. Meucci set up a rudi- SA 1613. Mr. DURBIN (for himself, Mr. mentary communication link known as SA 1632. Mr. SPECTER (for Mr. SESSIONS) KENNEDY, Mr. EDWARDS, Mr. BINGAMAN, Mr. proposed an amendment to amendment SA a ‘‘speaking telegraph’’ that connected LAUTENBERG, and Mr. CORZINE) proposed an 1542 proposed by Mr. SPECTER to the bill H.R. her bedroom to his basement labora- amendment to amendment SA 1542 proposed 2660, supra. tory and the rest of his home. by Mr. SPECTER to the bill H.R. 2660, supra. SA 1633. Mr. HARKIN (for Mr. FEINGOLD) Mr. Meucci spent the next several SA 1614. Ms. LANDRIEU (for herself, Mr. proposed an amendment to amendment SA years trying to advance his idea, and DASCHLE, Mr. JOHNSON, and Mr. BREAUX) pro- 1542 proposed by Mr. SPECTER to the bill H.R. his efforts culminated in December posed an amendment to amendment SA 1542 2660, supra. proposed by Mr. SPECTER to the bill H.R. SA 1634. Mr. HARKIN (for Mr. HOLLINGS) 1871, when he hired an attorney to se- 2660, supra. cure a patent caveat, a 1-year renew- proposed an amendment to amendment SA SA 1615. Mr. BINGAMAN submitted an 1542 proposed by Mr. SPECTER to the bill H.R. able notice of an impending patent, amendment intended to be proposed to 2660, supra. which reflected the promise of his work amendment SA 1542 proposed by Mr. SPECTER SA 1635. Mr. SPECTER (for Mr. ALEXANDER on the telephone. Although Mr. Meucci to the bill H.R. 2660, supra; which was or- (for himself, Mr. DODD, Mr. KENNEDY, and retained the caveat for 3 years, he was dered to lie on the table. Mrs. MURRAY)) proposed an amendment to SA 1616. Mr. STEVENS (for Ms. COLLINS unable to produce the necessary $10 re- amendment SA 1542 proposed by Mr. SPECTER (for herself and Mr. FEINGOLD)) proposed an to the bill H.R. 2660, supra. newal fee after 1874. amendment to amendment SA 1542 proposed Unfortunately, Mr. Meucci died be- SA 1636. Mr. HARKIN (for Mr. DASCHLE) by Mr. SPECTER to the bill H.R. 2660, supra. proposed an amendment to amendment SA fore he was able to complete his ef- SA 1617. Mr. STEVENS (for Mr. INHOFE) 1542 proposed by Mr. SPECTER to the bill H.R. forts. However, his work has not gone proposed an amendment to amendment SA 2660, supra. 1542 proposed by Mr. SPECTER to the bill H.R. completely unnoticed. On the 100th an- SA 1637. Mr. HARKIN (for Mr. KENNEDY) niversary of the telephone, both the 2660, supra. proposed an amendment to amendment SA SA 1618. Mr. STEVENS (for Mr. WYDEN) Smithsonian Institution and the Inter- 1542 proposed by Mr. SPECTER to the bill H.R. proposed an amendment to amendment SA national Telecommunication Union 2660, supra. 1542 proposed by Mr. SPECTER to the bill H.R. SA 1638. Mr. SPECTER (for Mr. BOND (for honored Mr. Meucci as among the most 2660, supra. himself, Mrs. CLINTON, Mrs. MURRAY, Ms. important pioneers of the telephone. SA 1619. Mr. STEVENS (for Mr. ENSIGN) CANTWELL, and Mr. SCHUMER)) proposed an Given his important contributions, I submitted an amendment intended to be pro- amendment to amendment SA 1542 proposed hope my colleagues will join in hon- posed to amendment SA 1542 proposed by Mr. by Mr. SPECTER to the bill H.R. 2660, supra. SPECTER to the bill H.R. 2660, supra. oring both the life and achievements of SA 1639. Mr. HARKIN (for Mr. FEINGOLD SA 1620. Mr. STEVENS (for Mr. SPECTER) Antonio Meucci. (for himself and Ms. COLLINS)) proposed an proposed an amendment to amendment SA amendment to amendment SA 1542 proposed f 1542 proposed by Mr. SPECTER to the bill H.R. by Mr. SPECTER to the bill H.R. 2660, supra. 2660, supra. AMENDMENTS SUBMITTED AND SA 1640. Mr. SPECTER submitted an SA 1621. Mr. ENSIGN (for himself, Mrs. PROPOSED amendment intended to be proposed to MURRAY, Mr. GREGG, and Ms. COLLINS) pro- PECTER SA 1604. Mr. KENNEDY submitted an posed an amendment to amendment SA 1542 amendment SA 1542 proposed by Mr. S to the bill H.R. 2660, supra. amendment intended to be proposed to proposed by Mr. SPECTER to the bill H.R. HAMBLISS) amendment SA 1594 submitted by Mr. REED 2660, supra. SA 1641. Mr. SPECTER (for Mr. C and intended to be proposed to the amend- SA 1622. Mr. SPECTER (for himself, Mr. proposed an amendment to amendment SA 1542 proposed by Mr. SPECTER to the bill H.R. ment SA 1542 proposed by Mr. SPECTER to HARKIN, Mrs. FEINSTEIN, Ms. COLLINS, Ms. 2660, supra. the bill H.R. 2660, making appropriations for SNOWE, Mr. DORGAN, Mrs. CLINTON, Mr. SA 1642. Mr. SPECTER (for Mr. ROBERTS the Departments of Labor, Health and LIEBERMAN, Ms. MIKULSKI, Mr. LAUTENBERG, (for himself and Mr. CONRAD)) proposed an Human Services, and Education, and related Mr. LEAHY, Mrs. MURRAY, Mr. CORZINE, Mr. amendment to amendment SA 1542 proposed agencies for the fiscal year ending Sep- DURBIN, Mr. SARBANES, Mr. SCHUMER, Ms. by Mr. SPECTER to the bill H.R. 2660, supra. tember 30, 2004, and for other purposes; which CANTWELL, Mr. REID, Mr. JOHNSON, Mr. KEN- SA 1643. Mr. SPECTER proposed an amend- was ordered to lie on the table. NEDY, and Ms. STABENOW) proposed an SA 1605. Mr. FEINGOLD submitted an amendment to amendment SA 1542 proposed ment to amendment SA 1542 proposed by Mr. SPECTER to the bill H.R. 2660, supra. amendment intended to be proposed to by Mr. SPECTER to the bill H.R. 2660, supra. amendment SA 1542 proposed by Mr. SPECTER SA 1623. Mr. DEWINE (for himself, Mr. SA 1644. Mr. SPECTER (for himself and YRD to the bill H.R. 2660, supra; which was or- SANTORUM, and Mr. DURBIN) submitted an Mr. B ) proposed an amendment to dered to lie on the table. amendment intended to be proposed to amendment SA 1542 proposed by Mr. SPECTER SA 1606. Mr. FEINGOLD (for himself and amendment SA 1542 proposed by Mr. SPECTER to the bill H.R. 2660, supra. Ms. COLLINS) submitted an amendment in- to the bill H.R. 2660, supra. SA 1645. Mr. HARKIN (for himself and Mr. tended to be proposed to amendment SA 1542 SA 1624. Mr. HARKIN (for Mr. BINGAMAN) DASCHLE) proposed an amendment to amend- proposed by Mr. SPECTER to the bill H.R. proposed an amendment to amendment SA ment SA 1542 proposed by Mr. SPECTER to 2660, supra; which was ordered to lie on the 1594 submitted by Mr. REED and intended to the bill H.R. 2660, supra. table. be proposed to the amendment SA 1542 pro- f SA 1607. Mr. WARNER submitted an posed by Mr. SPECTER to the bill H.R. 2660, amendment intended to be proposed to supra. TEXT OF AMENDMENTS amendment SA 1542 proposed by Mr. SPECTER SA 1625. Mr. HARKIN (for Ms. MIKULSKI) SA 1604. Mr. KENNEDY submitted an to the bill H.R. 2660, supra; which was or- proposed an amendment to amendment SA amendment intended to be proposed to dered to lie on the table. 1542 proposed by Mr. SPECTER to the bill H.R. SA 1608. Mr. FRIST submitted an amend- 2660, supra. amendment SA 1594 submitted by Mr. ment intended to be proposed to amendment SA 1626. Mr. HARKIN (for Mr. DASCHLE) REED and intended to be proposed by SA 1542 proposed by Mr. SPECTER to the bill proposed an amendment to amendment SA the amendment SA 1542 proposed by

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G10SE6.136 S10PT2 S11356 CONGRESSIONAL RECORD — SENATE September 10, 2003 Mr. SPECTER to the bill H.R. 2660, mak- ment intended to be proposed to basis, so that the total of such reductions ing appropriations for the Departments amendment SA 1542 proposed by Mr. equals $10,000,000. of Labor, Health and Human Services, SPECTER to the bill H.R. 2660, making and Education, and related agencies for appropriations for the Departments of SA 1609. Mrs. BOXER (for herself, Mr. the fiscal year ending September 30, Labor, Health and Human Services, LAUTENBERG, Mr. REID, Ms. LANDRIEU, 2004, and for other purposes; which was and Education, and related agencies for Mr. KERRY, and Mr. CORZINE) proposed ordered to lie on the table; as follows: the fiscal year ending September 30, an amendment to amendment SA 1542 At the appropriate place in title II, insert 2004, and for other purposes; which was proposed by Mr. SPECTER to the bill the following: ordered to lie on the table; as follows: H.R. 2660, making appropriations for SEC. ll. (a) AUTOMATIC EXTERNAL the Departments of Labor, Health and On page 61, between lines 14 and 15 insert DEFIBRILLATORS.—There are appropriated, Human Services, and Education, and $10,000,000 to fund programs on community the following: SEC. ll. From the amounts appropriated related agencies for the fiscal year end- automatic external defibrillators under sec- ing September 30, 2004, and for other tion 312 of the Public Health Service Act (42 under the heading OFFICE OF THE SECRETARY, U.S.C. 244). GENERAL DEPARTMENTAL MANAGEMENT there purposes; as follows: (b) OFFSET.—Of the funds appropriated shall be made available an additional On page 76, between lines 10 and 11, insert under this Act for the National Institutes of $4,000,000 to the Health Resources and Serv- the following: Health, $15,000,000 shall not be available for ices Administration for the purchase of auto- Sec.—. In addition to any amounts other- obligation until September 30, 2004. The matic external defibrilators and the training wise appropriated under this Act for after- amount $6,895,199,000 in section 305(a)(1) of of individuals in cardiac life support in rural school programs carried out by 21st Century this Act shall be deemed to be $6,905,199,000, areas. Community Learning Centers under part B and the amount $6,783,301,000 in section of title IV of the Elementary and Secondary 305(a)(2) of this Act shall be deemed to be SA 1607. Mr. WARNER submitted an Education Act of 1965 (20 U.S.C. 7171 et seq.), $6,773,301,000. amendment intended to be proposed to there are appropriated an additional amendment SA 1542 proposed by Mr. $250,000,000 for such programs: Provided, That SA 1605. Mr. FEINGOLD submitted SPECTER to the bill H.R. 2660, making of the funds appropriated in this Act for the an amendment intended to be proposed appropriations for the Departments of National Institutes of Health, $44,000,000 to amendment SA 1542 proposed by Mr. Labor, Health and Human Services, shall not be available for obligation until SPECTER to the bill H.R. 2660, making and Education, and related agencies for September 30, 2004: Provided further, That the appropriations for the Departments of amount $6,895,199,000 in section 305(a)(1) of the fiscal year ending September 30, Labor, Health and Human Services, this Act shall be deemed to be $7,145,199,000: 2004, and for other purposes; which was and Education, and related agencies for Provided further, That the amount ordered to lie on the table as follows: the fiscal year ending September 30, $6,783,301,000 in section 305(a)(2) of this Act 2004, and for other purposes; which was At the end, add the following: shall be deemed to be $6,533,301,000. ordered to lie on the table as follows: SEC. ll. RECIPIENTS OF FEDERAL PELL GRANTS WHO ARE PURSUING PRO- SA 1610. Ms. LANDRIEU (for herself, On page 20, line 19, strike the period at the GRAMS OF STUDY IN MATHEMATICS Mrs. MURRAY, Mr. ROCKEFELLER, and end and insert ‘‘: Provided further, That of OR SCIENCE (INCLUDING COM- Mr. LEVIN) proposed an amendment to this amount, sufficient funds shall be avail- PUTER SCIENCE OR ENGINEERING). able for the Secretary of Labor, not later Section 401(b)(2) of the Higher Education amendment SA 1542 proposed by Mr. than 60 days after the last day of the fiscal Act of 1965 (20 U.S.C. 1070a(b)(2)) is amended SPECTER to the bill H.R. 2660, making year, to submit to Congress a report on the by adding at the end the following: appropriations for the Departments of amount of acquisitions made by the Depart- ‘‘(C)(i) Notwithstanding subparagraph (A) Labor, Health and Human Services, ment of Labor during such fiscal year of arti- and subject to clause (ii), in the case of a and Education, and related agencies for cles, materials, or supplies that were manu- student who is eligible under this part and the fiscal year ending September 30, factured outside the United States. Such re- who is pursuing a degree with a major or 2004, and for other purposes; as follows: port shall separately indicate the dollar minor in, or a certificate or program of value of any articles, materials, or supplies study relating to, mathematics or science On page 61, between lines 14 and 15, insert purchased by the Department of Labor that (including computer science or engineering), the following: were manufactured outside the United the amount of the Federal Pell Grant shall SEC. ll. (a) PROMOTING SAFE AND STABLE States, an itemized list of all waivers under be 150 percent of the amount specified in FAMILIES PROGRAM.—In addition to amounts the Buy American Act (41 U.S.C. 10a et seq.) clauses (i) through (v) of subparagraph (A), otherwise appropriated under this Act for that were granted with respect to such arti- for the academic year involved, less an the promoting safe and stable families pro- cles, materials, or supplies, and a summary amount equal to the amount determined to gram of the Administration on Children and of total procurement funds spent on goods be the expected family contribution with re- Families, there are appropriated an addi- manufactured in the United States versus spect to that student for that year. tional $100,000,000 for the Administration on funds spent on goods manufactured outside ‘‘(ii) No student who received a Federal Children and Families to fund such program. of the United States. The Secretary of Labor Pell Grant for academic year 2003-2004 shall (b) INDEPENDENT LIVING TRAINING VOUCH- shall make the report publicly available by receive a subsequent Federal Pell Grant in ERS.—In addition to amounts otherwise ap- posting the report on an Internet website. an amount that is less than the amount of propriated under this Act for independent On page 74, line 4, strike ‘‘Washington, the student’s Federal Pell Grant for aca- living training vouchers, there are appro- D.C.’’ and insert ‘‘Washington, D.C.: Pro- demic year 2003-2004, due to the requirements priated an additional $18,000,000 for such vided, That of this amount, sufficient funds of clause (i).’’. vouchers. shall be available for the Secretary of Edu- (c) OFFSET.—Of the funds appropriated cation, not later than 60 days after the last SA 1608. Mr. FRIST submitted an under this Act for the National Institutes of day of the fiscal year, to submit to Congress Health, $70,000,000 shall not be available for a report on the amount of acquisitions made amendment intended to be proposed to amendment SA 1542 proposed by Mr. obligation until September 30, 2004. The by the Department of Education during such amount $6,895,199,000 in section 305(a)(1) of fiscal year of articles, materials, or supplies SPECTER to the bill H.R. 2660, making this Act shall be deemed to be $6,995,199,000, that were manufactured outside the United appropriations for the Departments of and the amount $6,783,301,000 in section States. Such report shall separately indicate Labor, Health and Human Services, 305(a)(2) of this Act shall be deemed to be the dollar value of any articles, materials, or and Education, and related agencies for $6,683,301,000. supplies purchased by the Department of the fiscal year ending September 30, Education that were manufactured outside SA 1611. Mr. DURBIN (for himself, the United States, an itemized list of all 2004, and for other purposes; which was Mr. SCHUMER, Mr. DORGAN, and Mr. waivers under the Buy American Act (41 ordered to lie on the table; as follows: U.S.C. 10a et seq.) that were granted with re- At the appropriate place in title II, insert NELSON of Nebraska) proposed an spect to such articles, materials, or supplies, the following: amendment to amendment SA 1542 pro- and a summary of total procurement funds SEC. ll. (a) AUTOMATIC EXTERNAL posed by Mr. SPECTER to the bill H.R. spent on goods manufactured in the United DEFIBRILLATORS.—There are appropriated, 2660, making appropriations for the De- States versus funds spent on goods manufac- $10,000,000 to fund programs on community partments of Labor, Health and Human tured outside of the United States. The Sec- automatic external defibrillators under sec- Services, and Education, and related retary of Education shall make the report tion 312 of the Public Health Service Act (42 agencies for the fiscal year ending Sep- publicly available by posting the report on U.S.C. 244). an Internet website.’’ (b) OFFSET.—The amount made available tember 30, 2004, and for other purposes; under each account in this Act for expenses as follows: SA 1606. Mr. FEINGOLD (for himself necessary for departmental management and At the end of title III (relating to the De- and Ms. COLLINS) submitted an amend- administration shall be reduced on a pro rata partment of Education), insert after the last

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.168 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11357 section (preceding the short title) the fol- istration account (except from funds under Abatement for Safety and Health Act (Public lowing: such account for salaries), $10,000,000 to the Law 108-75), of which $5,000,000 shall be set SEC. ll. None of the funds made available account relating to carrying out activities aside for Indian tribes and tribal organiza- in this Act may be used by the Department described in section 132(a)(2)(B) of the Work- tions. of Education to enforce any requirement force Investment Act of 1998 (relating to dis- (b) OFFSET.—Of the funds appropriated under section 1116 of part A of title I of the located worker employment and training ac- under this Act for the National Institutes of Elementary and Secondary Education Act of tivities and other activities for dislocated Health, $145,000,000 shall not be available for 1965 (20 U.S.C. 6316), or to implement any workers). obligation until September 30, 2004. The penalty or sanction applicable to a State, a On page 74, line 1, strike ‘‘$13,644,000’’ and amount $6,895,199,000 in section 305(a)(1) of State educational agency, a local edu- insert ‘‘$3,644,000’’. this Act shall be deemed to be $7,020,199,000, cational agency, or a school under such part and the amount $6,783,301,000 in section A, if the amount appropriated in this Act for SA 1613. Mr. DURBIN (for himself, 305(a)(2) of this Act shall be deemed to be the purpose of carrying out such part A for Mr. KENNEDY, Mr. EDWARDS, Mr. BINGA- $6,658,301,000. fiscal year 2004 is less than $18,500,000,000, as MAN, Mr. LAUTENBERG, and Mr. authorized to be appropriated for such pur- CORZINE) proposed an amendment to SA 1615. Mr. BINGAMAN submitted pose in section 1002(a) of the Elementary and amendment SA 1542 proposed by Mr. an amendment intended to be proposed Secondary Education Act of 1965 (20 U.S.C. SPECTER to the bill H.R. 2660, making to amendment SA 1542 proposed by Mr. 6302(a)). Nothing in this section shall be con- appropriations for the Departments of SPECTER to the bill H.R. 2660, making strued to prohibit a State, a State edu- appropriations for the Departments of cational agency, a local educational agency, Labor, Health and Human Services, or a school from implementing the require- and Education, and related agencies for Labor, Health and Human Services, ments of section 1116 of such Act. the fiscal year ending September 30, and Education, and related agencies for 2004, and for other purposes; as follows: the fiscal year ending September 30, SA 1612. Ms. CANTWELL submitted On page 36, line 16, strike the period at the 2004, and for other purposes; which was an amendment intended to be proposed end and insert ‘‘: Provided further, That of ordered to lie on the table; as follows: to amendment SA 1542 proposed by Mr. the funds appropriated in this Act for the On page 80, insert the following before the SPECTER to the bill H.R. 2660, making National Institutes of Health, $85,000,000 period: ‘‘: Provided, That from the total appropriations for the Departments of shall not be available for obligation until amount available, the Medicare Payment Labor, Health and Human Services, September 30, 2004: Provided further, That in Advisory Commission uses funds to conduct addition to amounts otherwise appropriated a study on access to health care items and and Education, and related agencies for under this Act for grants to States under the fiscal year ending September 30, services by individuals who are dually eligi- part A of title II of the Elementary and Sec- ble for benefits under the medicare program 2004, and for other purposes; as follows: ondary Education Act of 1965 (20 U.S.C. 6601 under title XVIII of such Act (42 U.S.C. 1395 In the matter under the heading ‘‘TRAINING et seq.), there are appropriated an additional et seq.) and the medicaid program under title AND EMPLOYMENT SERVICES’’ under the head- $325,000,000 for such grants: Provided further, XIX of such Act (42 U.S.C. 1396 et seq.)’’. ing ‘‘EMPLOYMENT AND TRAINING ADMINISTRA- That in addition to amounts otherwise ap- TION’’ in title I, add at the end the following: propriated under this Act for the Preparing SA 1616. Mr. STEVENS (for Ms. COL- For necessary expenses of the Workforce Tomorrow’s Teachers to Use Technology LINS (for herself and Mr. FEINGOLD)) Investment Act of 1998, including the pur- Program under part B of title II of the High- proposed an amendment to amendment chase and hire of passenger motor vehicles, er Education Act of 1965 (20 U.S.C. 1041 et SA 1542 proposed by Mr. SPECTER to the the construction, alteration, and repair of seq.), there are appropriated an additional buildings and other facilities, and the pur- $62,094,000 for such program: Provided further, bill H.R. 2660, making appropriations chase of real property for training centers as That in addition to amounts otherwise ap- for the Departments of Labor, Health authorized by the Workforce Investment Act propriated under this Act for the Mathe- and Human Services, and Education, of 1998, $10,000,000 to carry out activities de- matics and Science Partnerships program and related agencies for the fiscal year scribed in section 132(a)(2)(B) of that Act (re- under part B of title II of the Elementary ending September 30, 2004, and for lating to dislocated worker employment and and Secondary Education Act of 1965 (20 other purposes; as follows: training activities and other activities for U.S.C. 6661 et seq.), there are appropriated an On page 49, line 21, insert before the period dislocated workers). There shall be trans- additional $50,000,000 for such program: Pro- the following: ‘‘: Provided further, That of ferred from the account relating to the De- vided further, That in addition to amounts this amount, $3,000,000 shall be made avail- partment of Labor’s Working Capital Fund, otherwise appropriated under this Act for able to carry out section 340G of the Public $7,500,000 to the account relating to carrying the school leadership program under section Health Service Act (42 U.S.C. 256g) (in addi- out activities described in section 2151(b) of the Elementary and Secondary tion to other amounts appropriated under 132(a)(2)(B) of the Workforce Investment Act Education Act of 1965 (20 U.S.C. 6651(b)), this title for such purpose)’’. of 1998 (relating to dislocated worker em- there are appropriated an additional $12,500,000 for such program: Provided further, ployment and training activities and other Mr. STEVENS (for Mr. activities for dislocated workers). There That the amount $6,895,199,000 in section SA 1617. shall be transferred from the account relat- 305(a)(1) of this Act shall be deemed to be INHOFE) proposed an amendment to ing to the Department of Labor’s manage- $7,344,793,000: Provided further, That the amendment SA 1542 proposed by Mr. ment cross cut activities, $7,500,000 to the ac- amount $6,783,301,000 in section 305(a)(2) of SPECTER to the bill H.R. 2660, making count relating to carrying out activities de- this Act shall be deemed to be appropriations for the Departments of scribed in section 132(a)(2)(B) of the Work- $6,333,707,000.’’. Labor, Health and Human Services, force Investment Act of 1998 (relating to dis- and Education, and related agencies for SA 1614. Ms. LANDRIEU (for herself, located worker employment and training ac- the fiscal year ending September 30, Mr. DASCHLE, Mr. JOHNSON, and Mr. tivities and other activities for dislocated 2004, and for other purposes; as follows: workers). There shall be transferred from the BREAUX) proposed an amendment to Department of Labor’s Departmental Man- amendment SA 1542 proposed by Mr. On page 63, line 2, strike ‘‘$1,188,226,000, of agement account (except from funds under which $1,025,292,000’’ and insert SPECTER to the bill H.R. 2660, making ‘‘$1,193,226,000, of which $1,030,292,000’’. such account for salaries and to the Bureau appropriations for the Departments of of International Labor Affairs), $5,000,000 to the account relating to carrying out activi- Labor, Health and Human Services, SA 1618. Mr. STEVENS (for Mr. ties described in section 132(a)(2)(B) of the and Education, and related agencies for WYDEN) proposed an amendment to Workforce Investment Act of 1998 (relating the fiscal year ending September 30, amendment SA 1542 proposed by Mr. to dislocated worker employment and train- 2004, and for other purposes; as follows: SPECTER to the bill H.R. 2660, making ing activities and other activities for dis- On page 61, between lines 14 and 15, insert appropriations for the Departments of located workers). There shall be transferred the following: Labor, Health and Services, and Edu- from the Department of Health and Human SEC. ll. (a) IN GENERAL.—In addition to cation, and related agencies for the fis- Service’s General Departmental Manage- amounts otherwise appropriated under this ment account (except from funds under such Act for programs relating to West Nile cal year ending September 30, 2004, and account for salaries), $20,000,000 to the ac- Virus, there are appropriated an additional for other purposes; as follows: count relating to carrying out activities de- $25,000,000 for the Centers for Disease Control On page 61, between lines 14 and 15, insert scribed in section 132(a)(2)(B) of the Work- and Prevention to fund such programs, of the following: force Investment Act of 1998 (relating to dis- which $1,250,000 shall be set aside for Indian SEC. ll. Not later than 90 days after the located worker employment and training ac- tribes and tribal organizations, and there are date of enactment of this Act, the Director tivities and other activities for dislocated appropriated an additional $100,000,000 for of the National Institutes of Health shall workers). There shall be transferred from the the Centers for Disease Control and Preven- submit to the appropriate committees of Department of Education’s Program Admin- tion to fund programs under the Mosquito Congress a report that shall—

VerDate jul 14 2003 01:25 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.171 S10PT2 S11358 CONGRESSIONAL RECORD — SENATE September 10, 2003 (1) contain the recommendations of the Di- tember 30, 2004, and for other purposes; (A) evaluate the demonstration program rector concerning the role of the National as follows: regarding frequency of inspections author- Institutes of Health in promoting the afford- On page 61, between lines 14 and 15, insert ized under section 354(g) of the Public Health ability of inventions and products developed the following: Service Act (42 U.S.C. 263b(g)), including the with Federal funds; and SEC. . In addition to any amounts other- effect of the program on compliance with the (2) specify whether any circumstances wise appropriated under this Act under the MQSA; exist to prevent the Director from promoting heading of NATIONAL INSTITUTES OF HEALTH— (B) evaluate the factors that contributed the affordability of inventions and products OFFICE OF THE DIRECTOR, there are appro- to the closing of the approximately 700 mam- developed with Federal funds. priated an additional $1,500,000,000 for pro- mography facilities nationwide since 2001, grams and activities under the discretion of whether those closings were due to consoli- SA 1619. Mr. STEVENS (for Mr. EN- the Office of the Director of the National In- dation or were a true reduction in mammog- SIGN) submitted an amendment in- stitutes of Health. Such additional amount raphy availability, explore the relationship tended to be proposed to amendment shall be designated as emergency spending between certified units and facility capacity, SA 1542 proposed by Mr. SPECTER to the pursuant to section 502(c) of House Concur- and evaluate capacity issues, and determine bill H.R. 2660, making appropriations rent Resolution 95 (108th Congress). the effect these and other closings have had on the accessibility of mammography serv- for the Departments of Labor, Health SA 1623. Mr. DEWINE (for himself, ices, including for underserved populations, and Human Services, and Education, Mr. SANTORUM, and Mr. DURBIN) sub- since the April 2002 General Accounting Of- and related agencies for the fiscal year mitted an amendment intended to be fice report on access to mammography; and (C) evaluate the role of States in acting as ending September 30, 2004, and for proposed to amendment SA 1542 pro- other purposes; as follows: accreditation bodies or certification bodies, posed by Mr. SPECTER to the bill H.R. or both, in addition to inspection agents On page 62, line 6, insert ‘‘annually’’ after 2660, making appropriations for the De- ‘‘obtain’’. under the MQSA, and in acting as accredita- partments of Labor, Health and Human tion bodies for facilities in other States and SA 1620. Mr. STEVENS (for Mr. SPEC- Services, and Education, and related determine whether and how these roles af- fect the system of checks and balances with- TER) proposed an amendment to agencies for the fiscal year ending Sep- tember 30, 2004, and for other purposes; in the MQSA. amendment SA 1542 proposed by Mr. (2) REPORT.—Not later than 16 months SPECTER to the bill H.R. 2660, making as follows: after the date of enactment of this Act, the appropriations for the Departments of On page 61, between lines 14 and 15, insert Comptroller General of the United States Labor, Health and Human Services, the following: shall submit to the Committee on Health, SEC. ll. (a) MOTHER-TO-CHILD HIV TRANS- and Education, and related agencies for Education, Labor, and Pensions and the MISSION PREVENTION.—In addition to any Committee on Appropriations of the Senate the fiscal year ending September 30, amounts otherwise made available under 2004, and for other purposes; as follows: and the Committee on Energy and Commerce this Act to carry out mother-to-child HIV and the Committee on Appropriations of the At the end of title V, add the following: transmission prevention activities, there House of Representatives a report on the SEC. ll. (a) IN GENERAL.—Amounts made shall be made available an additional study described in paragraph (1). available under this Act for the administra- $60,000,000 to carry out such activities and (b) STUDY BY THE INSTITUTE OF MEDICINE.— tive and related expenses for departmental $1,000,000 for non-mother-to-child activities. (1) IN GENERAL.—Not later than 30 days management for the Department of Labor, (b) REDUCTION IN AMOUNTS.—Amounts after the date of enactment of this Act, the the Department of Health and Human Serv- made available under this Act for the admin- Secretary of Health and Human Services ices, and the Department of Education shall istrative and related expenses for depart- shall enter into an agreement with the Insti- be reduced on a pro rata basis by $14,735,000. mental management for the Department of tute of Medicine of the National Academy of (b) LIMITATION.—The reduction required by Labor, the Department of Health and Human Sciences for the conduct of a study and the subsection (a) shall not apply to the Food Services, the Department of Education, shall making of recommendations regarding the and Drug Administration and the Indian be reduced on a pro rata basis by $61,000,000. following: Health Service. (A) Ways to improve physicians’ interpre- SA 1624. Mr. HARKIN (for Mr. BINGA- tations of mammograms, including ap- SA 1621. Mr. ENSIGN (for himself, MAN) proposed an amendment to proaches that could be taken under the Mrs. MURRAY, Mr. GREGG, and Ms. COL- amendment SA 1594 submitted by Mr. MQSA without LINS) proposed an amendment to REED and intended to be proposed to ***** amendment SA 1542 proposed by Mr. the amendment SA 1542 proposed by assessment of mammography quality and ac- SPECTER to the bill H.R. 2660, making Mr. SPECTER to the bill H.R. 2660, mak- cess. appropriations for the Departments of ing appropriations for the Departments (E) Other approaches that would improve Labor, Health and Human Services, of Labor, Health and Human Services, the quality of and access to mammography and Education, and related agencies for and Education, and related agencies for services, including approaches to improving the fiscal year ending September 30, the fiscal year ending September 30, provisions under the MQSA. (F) Steps that should be taken to help 2004, and for other purposes; as follows: 2004, and for other purposes; as follows: make available safe and effective new At the end of title III, insert the following: At the end of title III, insert the following: screening and diagnostic devices and tests SEC. 306. There are appropriated, out of any SEC. . For activities authorized by part H for breast cancer. money in the Treasury not otherwise appro- of title I of the Elementary and Secondary (2) REPORT.—Not later than 15 months priated, to carry out section 208 of the Edu- Education Act, there are hereby appro- after the date on which the agreement is en- cation Sciences Reform Act of 2002, priated up to $5,000,000, which may be used to tered into under paragraph (1), the Institute $80,000,000. All amounts in this Act for man- carry out such activities. of Medicine shall complete the study de- agement and administration at the Depart- scribed under such subsection and submit a ment of Education are reduced on a pro rata SA 1625. Ms. HARKIN (for Ms. MIKUL- report to the Secretary of Health and Human basis by an amount required to offset the SKI) proposed an amendment to amend- Services, the Committee on Health, Edu- $80,000,000 appropriation made by this sec- ment SA 1542 proposed by Mr. SPECTER cation, Labor, and Pensions and the Com- tion. to the bill H.R. 2660, making appropria- mittee on Appropriations of the Senate, and tions for the Departments of Labor, the Committee on Energy and Commerce and SA 1622. Mr. SPECTER (for himself, Health and Human Services, and Edu- the Committee on Appropriations of the Mr. HARKIN, Mrs. FEINSTEIN, Ms. COL- cation, and related agencies for the fis- House of Representatives. LINS, Ms. SNOWE, Mr. DORGAN, Mrs. (3) FUNDING.—Of the amounts appropriated cal year ending September 30, 2004, and under this title to the Office of the Secretary CLINTON, Mr. LIEBERMAN, Ms. MIKUL- for other purposes; as follows: SKI, Mr. LAUTENBERG, Mr. LEAHY, Mrs. of Health and Human Services for general de- At the appropriate place in title II, insert partmental management, $500,000 shall be MURRAY, Mr. CORZINE, Mr. DURBIN, Mr. the following: made available to carry out the study under SARBANES, Mr. SCHUMER, Ms. CANT- SEC. . STUDIES CONCERNING MAMMOGRAPHY this subsection. WELL, Mr. REID, Mr. JOHNSON, Mr. KEN- STANDARDS. NEDY, and Ms. STABENOW) proposed an (a) STUDY BY GAO.— SA 1626. Mr. HARKIN (for Mr. amendment to amendment SA 1542 pro- (1) IN GENERAL.—The Comptroller General DASCHLE) proposed an amendment to of the United States shall conduct a study of posed by Mr. SPECTER to the bill H.R. amendment SA 1542 proposed by Mr. the program established under the Mammog- 2660, making appropriations for the De- raphy Quality Standards Act of 1992 (section SPECTER to the bill H.R. 2660, making partments of Labor, Health and Human 354 of the Public Health Service Act (42 appropriations for the Departments of Services, and Education, and related U.S.C. 263b)) (referred to in this section as Labor, Health and Human Services, agencies for the fiscal year ending Sep- the ‘‘MQSA’’) to— and Education, and related agencies for

VerDate jul 14 2003 01:34 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.175 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11359 the fiscal year ending September 30, the Special Volunteers for Homeland Secu- (1) carry on the public and intellectual tra- 2004, and for other purposes; as follows: rity program, there may be appropriated an dition of Senator Daniel Patrick Moynihan; additional $5,000,000 for such program. (2) sustain all of the core activities of the At the appropriate place in title II, in- School; sert the following: SA 1630. Mr. SPECTER proposed an (3) fund the residencies of visiting scholars SEC. ll. (a) FINDINGS.—The Senate finds that— amendment to amendment SA 1542 pro- and international leaders; (1) Native American populations have posed by Mr. SPECTER to the bill H.R. (4) support scholarship, training, and prac- seen an alarming increase in sexually trans- 2660, making appropriations for the De- tice in countries that are often the most im- mitted disease prevalence in recent years; partments of Labor, Health and Human poverished economically, institutionally, and and civically; Services, and Education, and related (5) support partnerships with governments (2) a screening, treatment, and education agencies for the fiscal year ending Sep- program, administered by tribal health orga- and other relevant entities around the world tember 30, 2004, and for other purposes; to train government officials both at the nizations or local health care providers, on as follows: Native American reservations with high School and in their home countries; and rates of sexually transmitted diseases will On page 57, between lines 14 and 15, insert (6) expand the facilities of the School. (e) MISCELLANEOUS PROVISIONS RELATING help prevent a corresponding increase in the the following: TO THE ENDOWMENT FUND.— prevalence of HIV. ‘‘(C) in subsection (b)(1)— ‘‘(i) in subparagraph (A), by striking ‘and’ (1) MANAGEMENT.—The endowment fund es- (b) GRANT PROGRAM.—From amounts ap- tablished under subsection (c) shall be man- propriated under this title for the Centers at the end; ‘‘(ii) in subparagraph (B), by striking the aged in accordance with the standard endow- for Disease Control and Prevention, there period and inserting ‘; and’; and ment policies established by the University. may be made available up to $1,000,000 to en- ‘‘(iii) by adding at the end the following: (2) USE OF INTEREST AND INVESTMENT IN- able the Director of the Centers for Disease ‘‘ ‘(C) one or more categories of aliens who COME.—Interest and other investment in- Control and Prevention to carry out com- are or were nationals and residents of the Is- come earned from the endowment fund may petitive grant program to strengthen local lamic Republic of Iran who, as members of a be used to carry out the duties under sub- capacity on Native American reservations to religious minority in Iran, share common section (d). screen for and treat sexually transmitted characteristics that identify them as targets (3) DISTRIBUTION OF INTEREST AND INVEST- diseases and to educate local populations of persecution in that state on account of MENT INCOME.—Funds derived from the inter- about such diseases, the consequences there- race, religion, nationality, membership in a est and other investment income earned of, and how the transmission of such diseases particular social group, or political opin- from the endowment fund shall be available can be prevented. ion.’; and’’. for expenditure by the University for pur- poses consistent with subsection (d). SA 1627. Mr. HARKIN (for Mr. DODD SA 1631. Mr. HARKIN (for Mr. SCHU- (f) AUTHORIZATION OF APPROPRIATIONS.— (for himself and Mrs. LINCOLN)) pro- MER) proposed an amendment to There is authorized to be appropriated to posed an amendment to amendment SA amendment SA 1542 proposed by Mr. carry out this section, $10,000,000 to remain 1542 proposed by Mr. SPECTER to the SPECTER to the bill H.R. 2660, making available until expended. bill H.R. 2660, making appropriations appropriations for the Departments of Mr. SPECTER (for Mr. SES- for the Departments of Labor, Health Labor, Health and Human Services, SA 1632. SIONS) proposed an amendment to and Human Services, and Education, and Education, and related agencies for amendment SA 1542 proposed by Mr. and related agencies for the fiscal year the fiscal year ending September 30, SPECTER to the bill H.R. 2660, making ending September 30, 2004, and for 2004, and for other purposes; as follows: other purposes; as follows: appropriations for the Departments of At the appropriate place, insert the fol- Labor, Health and Human Services, On page 61, between lines 14 and 15, insert lowing: the following: and Education, and related agencies for DANIEL PATRICK MOYNIHAN GLOBAL AFFAIRS SEC. ll. In addition to any amounts the fiscal year ending September 30, INSTITUTE otherwise appropriated under this Act for 2004, and for other purposes; as follows: SEC. ll. (a) DEFINITIONS.—In this section: the support of the improved newborn and On page 61, between lines 14 and 15, insert child screening for heritable disorders pro- (1) ENDOWMENT FUND.—The term ‘‘endow- ment fund’’ means a fund established by the the following: gram authorized under section 1109 of the SEC. ll. Not later than 120 days after the Public Health Service Act (42 U.S.C. 300b–8), Maxwell School of Citizenship and Public Af- fairs of the Syracuse University in Syracuse, date of enactment of this Act, the Director there may be appropriated up to an addi- of the Centers for Disease Control and Pre- tional $2,000,000 to carry out such program. New York, for the purpose of generating in- come for the support of the School and other vention shall prepare a plan to comprehen- sively address blood safety and injection SA 1628. Mr. HARKIN (for Mr. KEN- purposes as described in subsection (d). (2) SCHOOL.—The term ‘‘School’’ means the safety in Africa under the Global AIDS Pro- NEDY) proposed an amendment to Maxwell School of Citizenship and Public Af- gram. amendment SA 1542 proposed by Mr. fairs of the Syracuse University in Syracuse, SPECTER to the bill H.R. 2660, making New York. SA 1633. Mr. HARKIN (for Mr. FEIN- appropriations for the Departments of (3) SECRETARY.—The term ‘‘Secretary’’ GOLD) proposed an amendment to Labor, Health and Human Services, means the Secretary of Education. amendment SA 1542 proposed by Mr. and Education, and related agencies for (4) UNIVERSITY.—The term ‘‘University’’ SPECTER to the bill H.R. 2660, making the fiscal year ending September 30, means the Syracuse University in Syracuse, appropriations for the Departments of 2004, and for other purposes; as follows: New York. Labor, Health and Human Services, (b) DANIEL PATRICK MOYNIHAN GLOBAL AF- On page 18, line 14: strike ‘‘$440,113,000’’ and and Education, and related agencies for FAIRS INSTITUTE.— insert ‘‘$445,113,000’’. the fiscal year ending September 30, (1) REDESIGNATION.—To be eligible for a On page 18, line 17, insert before the pe- grant under subsection (c), the University 2004, and for other purposes; as follows: riod the following: ‘‘, of which $5,000,000 may shall designate the global affairs institute On page 20, line 19, strike the period at the be used to fund the mass layoff statistics within the Maxwell School of Citizenship and end and insert ‘‘: Provided further, That of program under section 15 of the Wagner- Public Affairs of the University as the ‘‘Dan- this amount, sufficient funds shall be avail- Peyser Act (29 U.S.C. 49l-2)’’. iel Patrick Moynihan Global Affairs Insti- able for the Secretary of Labor, not later tute’’. than 60 days after the last day of the fiscal Mr. SPECTER (for Mr. SA 1629. (2) REFERENCES.—Any reference in a law, year, to submit to Congress a report on the MCCAIN (for himself and Mr. BAYH)) map, regulation, paper, or other record to amount of acquisitions made by the Depart- proposed an amendment to amendment the global affairs institute within the Max- ment of Labor during such fiscal year of arti- SA 1542 proposed by Mr. SPECTER to the well School of Citizenship and Public Affairs cles, materials, or supplies that were manu- bill H.R. 2660, making appropriations of the University, shall be deemed to be a factured outside the United States. Such re- for the Departments of Labor, Health reference to the Daniel Patrick Moynihan port shall separately indicate the dollar and Human Services, and Education, Global Affairs Institute. value of any articles, materials, or supplies purchased by the Department of Labor that and related agencies for the fiscal year (c) GRANT FOR ENDOWMENT FUND.—From amounts appropriated under subsection (f), were manufactured outside the United ending September 30, 2004, and for the Secretary may award a grant to the Uni- States, an itemized list of all waivers under other purposes; as follows: versity for the establishment of an endow- the Buy American Act (41 U.S.C. 10a et seq.) At the appropriate place in title V, insert ment fund to support the Daniel Patrick that were granted with respect to such arti- the following: Moynihan Global Affairs Institute. cles, materials, or supplies, and a summary SEC. ll. In addition to any amounts (d) DUTIES.—Amounts received under a of total procurement funds spent on goods otherwise appropriated under this Act for grant under subsection (c), shall be used to— manufactured in the United States versus

VerDate jul 14 2003 01:25 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.177 S10PT2 S11360 CONGRESSIONAL RECORD — SENATE September 10, 2003 funds spent on goods manufactured outside proposed by Mr. SPECTER to the bill United States, including efforts to reduce al- of the United States. The Secretary of Labor H.R. 2660, making appropriations for cohol use by pregnant women, support for shall make the report publicly available by the Departments of Labor, Health and smoking cessation (maternal and second- posting the report on an Internet website. Human Services, and Education, and hand) programs, and education of teenagers On page 49, line 21, strike the period and on the risk factors for Sudden Infant Death insert ‘‘: Provided further, That of this related agencies for the fiscal year end- Syndrome associated with teenage preg- amount, sufficient funds shall be available ing September 30, 2004, and for other nancy within African American and Native for the Secretary of Health and Human Serv- purposes; as follows: American communities. ices, not later than 60 days after the last day On page 61, between lines 14 and 15, insert (c) SENSE OF THE SENATE.—It is the sense of the fiscal year, to submit to Congress a re- the following: of the Senate that in carrying out the dem- port on the amount of acquisitions made by SEC. ll. (a) In addition to any amounts onstration project under subsection (b), the the Department of Health and Human Serv- otherwise appropriated under this Act to Director of the Office of Minority Health is ices during such fiscal year of articles, mate- carry out activities under the Child Abuse encouraged to— rials, or supplies that were manufactured Prevention and Treatment Act (42 U.S.C. (1) expand upon the similar pilot program outside the United States. Such report shall 5101 et seq.), there are appropriated— for Native Americans that was funded by the separately indicate the dollar value of any (1) up to an additional $143,000 may be used Office of Minority Health; and articles, materials, or supplies purchased by to carry out activities under title I of such (2) coordinate with the Administrator of the Department of Health and Human Serv- Act (child abuse State grants); the Health Resources and Services Adminis- ices that were manufactured outside the (2) up to an additional $212,000 may be used tration, the Director of the Centers for Dis- United States, an itemized list of all waivers to carry out activities under title II of such ease Control and Prevention, the Director of under the Buy American Act (41 U.S.C. 10a et Act (community-based resource centers); and the National Institutes of Health, the Direc- seq.) that were granted with respect to such (3) up to an additional $2,100,000 may be tor of the Indian Health Services, the Ad- articles, materials, or supplies, and a sum- used for child abuse discretionary grants ministrator of the Center for Medicare & mary of total procurement funds spent on under such Act. Medicaid Services, and the heads of other goods manufactured in the United States agencies within the Department of Health versus funds spent on goods manufactured SA 1636. Mr. HARKIN (for Mr. and Human Services (as appropriate) to sup- outside of the United States. The Secretary DASCHLE) proposed an amendment to port activities to reduce alcohol use by preg- of Health and Human Services shall make amendment SA 1542 proposed by Mr. nant women, support smoking cessation (ma- the report publicly available by posting the ternal and secondhand), and educate teen- SPECTER to the bill H.R. 2660, making report on an Internet website.’’. agers on the risk factors for SIDS associated On page 74, line 4, strike ‘‘Washington, appropriations for the Departments of with teenage pregnancy within the African D.C.’’ and insert ‘‘Washington, D.C.: Pro- Labor, Health and Human Services, American and Native American commu- vided, That of this amount, sufficient funds and Education, and related agencies for nities. shall be available for the Secretary of Edu- the fiscal year ending September 30, cation, not later than 60 days after the last 2004, and for other purposes; as follows: SA 1637. Mr. HARKIN (for Mr. KEN- day of the fiscal year, to submit to Congress At the appropriate place in title II, insert NEDY) proposed an amendment to a report on the amount of acquisitions made the following: amendment SA 1542 proposed by Mr. by the Department of Education during such SEC. ll. (a) FINDINGS.—The Senate finds SPECTER to the bill H.R. 2660, making fiscal year of articles, materials, or supplies that— appropriations for the Departments of that were manufactured outside the United (1) a recent Aberdeen Area Indian Health Labor, Health and Human Services, States. Such report shall separately indicate Service infant mortality study identified the dollar value of any articles, materials, or and Education, and related agencies for protective and risk factors associated with the fiscal year ending September 30, supplies purchased by the Department of Sudden Infant Death Syndrome (referred to Education that were manufactured outside in this section as ‘‘SIDS’’); 2004, and for other purposes; as follows: the United States, an itemized list of all (2) several conclusions from the study sug- At the appropriate place in title II, insert waivers under the Buy American Act (41 gest courses of action to reduce the inci- the following: U.S.C. 10a et seq.) that were granted with re- dence of SIDS among Native American and SEC.ll. (a) AUTOMATIC EXTERNAL spect to such articles, materials, or supplies, other high-incidence populations; DEFIBRILLATORS.—There may be appro- and a summary of total procurement funds (3) the study noted that alcohol consump- priated up to, $2,000,000 to fund programs on spent on goods manufactured in the United tion by women of childbearing age (espe- community automatic external defibrillators States versus funds spent on goods manufac- cially during pregnancy), maternal and envi- under section 312 of the Public Health Serv- tured outside of the United States. The Sec- ronmental tobacco exposure during preg- ice Act (42 U.S.C. 244). retary of Education shall make the report nancy, and pregnancy by women under the (b) OFFSET.—Of the funds appropriated publicly available by posting the report on age of 20 increase the risk for SIDS; under this Act for the National Institutes of an Internet website.’’. (4) in 2000, for infants of African American Health, $15,000,000 shall not be available for mothers, the SIDS death rate was 2.4 times obligation until September 30, 2004. The SA 1634. Mr. HARKIN (for Mr. HOL- that for non-Hispanic white mothers; amount $6,895,199,000 in section 305(a)(1) of LINGS) proposed an amendment to (5) nationwide, SIDS rates for infants of this Act shall be deemed to be $6,905,199,000, amendment SA 1542 proposed by Mr. Native American mothers were 2.6 times and the amount $6,783,301,000 in section SPECTER to the bill H.R. 2660, making those of non-Hispanic white mothers; and 305(a)(2) of this Act shall be deemed to be appropriations for the Departments of (6) the Office of Minority Health of the De- $6,773,301,000. Labor, Health and Human Services, partment of Health and Human Services has the expertise to coordinate SIDS disparity SA 1638. Mr. SPECTER (for Mr. BOND and Education, and related agencies for (for himself, Mrs. CLINTON, Mrs. MUR- the fiscal year ending September 30, reduction efforts across the Department of Health and Human Services. RAY, Ms. CANTWELL, and Mr. SCHUMER)) 2004, and for other purposes; as follows: (b) INCREASE IN FUNDING.—In addition to proposed an amendment to amendment On page 41, insert the following before the any amounts otherwise appropriate in this SA 1542 proposed by Mr. SPECTER to the period on line 9: ‘‘: Provided further, that to Act to carry out activities to reduce Sudden bill H.R. 2660, making appropriations the extent Medicare claims processing unit Infant Death Syndrome disparity rates, the costs are projected by the Centers for Medi- for the Departments of Labor, Health may be appropriated up to an additional and Human Services, and Education, care & Medicaid Services to exceed $0.87 for $2,000,000 to enable the Director of the Office Part A claims and/or $0.65 for Part B claims, of Minority Health of the Department of and related agencies for the fiscal year up to an additional $18,000,000 may be avail- Health and Human Services to carry out a ending September 30, 2004, and for able for obligation for every $0.04 increase in demonstration project, in coordination with other purposes; as follows: Medicare claims processing unit costs from the Administrator of the Health Resources At the end of title I, insert the following: the Federal Hospital Insurance and the Fed- and Services Administration, the Director of SEC. ll. The Department of Labor may eral Supplementary Medical Insurance Trust the National Institutes of Health, the Direc- cease the implementation of closing proce- Funds. The calculation of projected unit tor of the Indian Health Services, the Ad- dures for the Department of Labor Employ- costs shall be derived in the same manner in ministrator of the Center for Medicare & ment and Training administration regional which the estimated unit costs were cal- Medicaid Services, the Director of the Cen- office in New York City, New York, and the culated for the Federal budget estimate for ters for Disease Control and Prevention, and Employment and Training Administration the fiscal year.’’. the heads of other agencies within the De- affiliate offices in Seattle, Washington, Kan- partment of Health and Human Services (as sas City, Missouri, and Denver, Colorado SA 1635. Mr. SPECTER (for Mr. AL- appropriate), to reduce Sudden Infant Death until September 30, 2004. EXANDER (for himself, Mr. DODD, Mr. Syndrome disparity rates, and to provide KENNEDY, and Mrs. MURRAY)) proposed risk reduction education to African Amer- SA 1639. Mr. HARKIN (for Mr. FEIN- an amendment to amendment SA 1542 ican and Native American populations in the GOLD (for himself and Ms. COLLINS))

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.180 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11361 proposed an amendment to amendment SA 1644. Mr. SPECTER (for himself AUTHORITY FOR COMMITTEES TO SA 1542 proposed by Mr. SPECTER to the and Mr. BYRD) proposed an amendment MEET bill H.R. 2660, making appropriations to amendment SA 1542 proposed by Mr. COMMITTEE ON FINANCE for the Departments of Labor, Health SPECTER to the bill H.R. 2660, making Mr. GREGG. Mr. President, I ask and Human Services, and Education, appropriations for the Departments of unanimous consent that the Com- and related agencies for the fiscal year Labor, Health and Human Services, mittee on Finance be authorized to ending September 30, 2004, and for and Education, and related agencies for meet in open Executive Session during other purposes; as follows: the fiscal year ending September 30, the session on Wednesday, September On page 61, between lines 14 and 15 insert 2004, and for other purposes; as follows: 10, 2003, at 10 a.m., to consider a sub- the following: On page 23, between lines 15 and 16, insert stitute to H.R. 4, to reauthorize and SEC. ll. From the amounts appropriated the following: improve the program of block grants to under the heading OFFICE OF THE SECRETARY, SEC. ll. (a) FINDINGS.—Congress finds GENERAL DEPARTMENTAL MANAGEMENT there States for temporary assistance for that— may be made available an additional needy families, improve access to qual- (1) it is projected that the Department of $2,000,000 to the Health Resources and Serv- ity child care and for other purposes; Labor, in conjunction with labor, industry, ices Administration for the purchase of auto- and S. 622, the Family Opportunity Act and the National Institute for Occupational matic external defibrilators and the training Safety and Health, will be undertaking sev- of 2003. of individuals in cardiac life support in rural eral months of testing on Personal Dust The PRESIDING OFFICER. Without areas. Monitor production prototypes; and objection, it is so ordered. SA 1640. Mr. SPECTER submitted an (2) the testing of Personal Dust Monitor SUBCOMMITTEE ON TERRORISM, TECHNOLOGY, prototypes is set to begin (by late May or AND HOMELAND SECURITY amendment intended to be proposed to early June of 2004) following the scheduled amendment SA 1542 proposed by Mr. Mr. GREGG. Mr. President, I ask delivery of the Personal Dust Monitors in unanimous consent that the Com- SPECTER to the bill H.R. 2660, making May 2004. appropriations for the Departments of mittee on the Judiciary Subcommittee (b) RE-PROPOSAL OF RULE.—Following the on Terrorism, Technology and Home- Labor, Health and Human Services, successful demonstration of Personal Dust and Education, and related agencies for Monitor technology, and if the Secretary of land Security be authorized to meet to the fiscal year ending September 30, Labor makes a determination that Personal conduct a hearing on ‘‘Terrorism: Two 2004, and for other purposes; as follows: Dust Monitors can be effectively applied in a Years After 9/11, Connecting the Dots,’’ regulatory scheme, the Secretary of Labor on Wednesday, September 10, 2003, at 10 On page 61, between lines 14 and 15, insert shall re-propose a rule on respirable coal the following: a.m., in room 226 of the Dirksen Senate dust which incorporates the use of Personal ‘‘SEC. . Notwithstanding any other provi- Office Building. Dust Monitors, and, if such rule is re-pro- sions of law, funds made available under this posed, the Secretary shall comply with the Witness List: heading may be used to continue operating regular procedures applicable to Federal the Council on Graduate Medical Education Panel I: Mr. Simon Henderson, rulemaking. established by Section 301 of Public Law 102– Founder Saudi Strategies, London, UK; 408.’’ Mr. Matthew Epstein, Attorney, Ter- SA 1645. Mr. HARKIN (for himself rorism Analyst and Assistant Director SA 1641. Mr. SPECTER (for Mr. and Mr. DASCHLE) proposed an amend- of Research for the Investigative CHAMBLISS) proposed an amendment to ment to amendment SA 1542 proposed Project, Washington, DC; Mr. Nihad amendment SA 1542 proposed by Mr. by Mr. SPECTER to the bill H.R. 2660, Awad, Director, Council on American SPECTER to the bill H.R. 2660, making making appropriations for the Depart- Islamic Relations; or Mr. Omar Ahmed, appropriations for the Departments of ments of Labor, Health and Human Chairman of the Board, Council on Labor, Health and Human Services, Services, and Education, and related American Islamic Relations, Wash- and Education, and related agencies for agencies for the fiscal year ending Sep- ington, DC. the fiscal year ending September 30, tember 30, 2004, and for other purposes; The PRESIDING OFFICER. Without 2004, and for other purposes; as follows: as follows: objection, it is so ordered. On page 28, line 6, strike ‘‘$250,000,000’’ and Add at the appropriate Place: SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT insert ‘‘$260,000,000’’ in lieu thereof. MANAGEMENT, THE FEDERAL WORKFORCE AND On page 28, line 5, insert after ‘‘; and’’ the SECTION 1. DESIGNATION OF SENATOR PAUL D. WELLSTONE NIH MDCRC PROGRAM. THE DISTRICT OF COLUMBIA following: ‘‘purchase,’’ (a) FINDINGS.—Congress finds the fol- Mr. GREGG. Mr. President, I ask SA 1642. Mr. SPECTER (for Mr. ROB- lowing: unanimous consent that the Com- ERTS (for himself and Mr. CONRAD)) pro- (1) On December 18, 2001, Public Law 107–84, mittee on Governmental Affairs Sub- posed an amendment to amendment SA otherwise known as the Muscular Dystrophy committee on Oversight of Government Community Assistance, Research and Edu- 1542 proposed by Mr. SPECTER to the Management, the Federal Workforce cation Amendments of 2001, or the MD CARE and the District of Columbia be author- bill H.R. 2660, making appropriations Act, was signed into law to provide for re- for the Departments of Labor, Health ized to meet on Wednesday, September search and education with respect to various 10, 2003 at 9 a.m. for a hearing entitled, and Human Services, and Education, forms of muscular dystrophy, including and related agencies for the fiscal year Dechenne, Becker, limb girdle, congenital, ‘‘The 2003 Blackouts: The Federal Re- ending September 30, 2004, and for facio-scapulohumeral, myotonic, sponse.’’ other purposes; as follows: oculopharyngeal, distal, and EmeryDreiffus The PRESIDING OFFICER. Without muscular dystrophies. objection, it is so ordered. On page 27, line 2, insert before the period the following: ‘‘: Provided further, That up to (2) In response to the MD CARE Act of 2001, f in September 2002, NIH announced its inten- $15,000,000 may be made available to carry PRIVILEGE OF THE FLOOR out the rural emergency medical service tion to direct $22.5 million over five years to training and equipment assistance program its newly created Muscular Dystrophy Coop- Ms. LANDRIEU. I ask unanimous under section 330J of the Public Health Serv- erative Research Centers (MDCRC) program. consent that Kathleen Strottman be ice Act (42 U.S.C. 254c-15)’’. (3) Senator Paul D. Wellstone was a driving granted the privilege of the floor. force behind enactment of the MD CARE The PRESIDING OFFICER. Without SA 1643. Mr. SPECTER proposed an Act, which led to the establishment of the objection, it is so ordered. amendment to amendment SA 1542 pro- MDCRC program. f posed by Mr. SPECTER to the bill H.R. (b) DESIGNATION.—The NIH Muscular Dys- 2660, making appropriations for the De- trophy Cooperative Research Centers AIDS partments of Labor, Health and Human (MDCRC) program shall be known and des- The PRESIDING OFFICER. The Sen- ignated as the ‘‘Senator Paul D. Wellstone Services, and Education, and related Muscular Dystrophy Cooperative Research ator from Alabama. agencies for the fiscal year ending Sep- Centers,’’ in honor of Senator Paul D. Mr. SESSIONS. Mr. President, I ask tember 30, 2004, and for other purposes; Wellstone who was deceased on October 25, unanimous consent to speak for 2 min- as follows: 2002. utes. At the appropriate place in Section 515(a): (c) REFERENCES.—Any reference in a law, The PRESIDING OFFICER. Without Increase the amount by $37,455,000. regulation, document. objection, it is so ordered.

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.182 S10PT2 S11362 CONGRESSIONAL RECORD — SENATE September 10, 2003 Mr. SESSIONS. Mr. President, in This article challenged the conven- tices resulting in disease transmission part of this bill was language that re- tional wisdom in the international pub- through therapeutic injections.’’ quires the CDC to develop a plan to lic health community that hetero- There are so many tragic aspects of deal with the medical transmission of sexual contact is the primary route of this problem: AIDS in Africa. The science is coming transmission for HIV in Africa and Hard-working frontline doctors and in clearer and clearer that a substan- that medical transmission of the dis- nurses inadvertently contribute to the tial portion of the infections in Africa ease did not require its foremost atten- spread of the very diseases they are result from transmissions from blood tion. struggling to treat; transfusions or the reuse of needles for Dr. Gisselquist pointed to a number The health care system in developing injections. of pieces of evidence supporting his nations frequently does not provide ei- In fact, we believe the World Health conclusion that medical exposures ac- ther necessary education in proper in- Organization numbers say that 10 per- count for a large proportion of HIV jection practices or, for those providers cent are caused by it. That means as transmission. who are striving to follow model prac- many as 300,000 infections in Africa Dr. Gisselquist conducted an exten- tices, the relatively inexpensive sup- are, in fact, a death sentence caused by sive review of refereed journal articles plies necessary to succeed; unsafe medical practices. We need to on the epidemiology of the African HIV Citizens come to trusted institutions end that. We can end that. epidemic. A careful analysis of the for medical treatment for themselves, We have had two hearings I have con- data behind these studies enabled him or for their children, and are unknow- ducted. It is a moral crisis. It should to identify the following trends: ingly infected. not be allowed to continue. Our med- Multiple studies found HIV-infected Ironically, these people do not, based ical agencies, including Health and children whose mothers test negative on present AIDS prevention education, Human Services, CDC, and particularly for the virus. Many of these children have any reason to view themselves as WHO, have been slow to respond. My are far too young to have contracted high-risk. They have not engaged in remarks go into great detail about the HIV through sexual practices or drug unsafe sex or intravenous drug use— science behind this. It has raised the use, leaving their infections unex- they have merely acted responsibly and concern of human rights groups as well plained by conventional assumptions gone to the doctor. as health groups. We will continue to about the spread of this disease. Subsequently, these victims go home proceed. We will be discussing in more It was found, however, that these and, again unknowingly, pass HIV or depth the need for focus. children bearing the HIV virus had, on other deadly diseases to their own fam- By WHO’s own number, they can vir- average, received nearly twice as many ilies—husbands to wives, wives to hus- tually eliminate this problem for less injections of vaccines and medicines bands, mothers to children. than $100 million a year. We will be than their uninfected peers, leading re- In this manner, this ‘‘hidden’’ source spending $3 billion a year when the searchers to conclude that there was a of disease transmission continues to AIDS program in Africa is rolling. We strong correlation between the number fuel the epidemic, capitalizing on a can fund this. We can eliminate this of injections a child received and that large blind spot in the current HIV pre- and 300,000 people a year being infected child’s chances of contracting HIV. vention orthodoxy. would be stopped. There are even stud- International groups involved in At the outset of the AIDS epidemic ies that show 670,000 Africans in South large-scale vaccination campaigns have in the United States, both the U.S. Africa from the age of 2 to 14 are now long realized that injection safety is an Government and the public declared infected by HIV, much of that from un- indispensable element of their work. that the blood supply must be rendered safe health practices. It is a dilemma This realization followed events such absolutely safe. for us. We have to act quickly and not as the tremendous epidemic of hepa- The Federal Government and the delay. public health community moved rap- As this Congress takes up the task of titis C in Egypt following a nationwide idly to ensure that every singe unit of funding a landmark global effort to effort to vaccinate against schistoso- blood donated in this country is tested combat HIV/AIDS, it is imperative that miasis. for the HIV virus. lawmakers consider an aspect of this This is still thought to represent It is estimated that 25 percent of crisis that has consistently not re- ‘‘the world’s largest iatrogenic trans- blood donated in Africa is never tested ceived the prominence it deserves. mission event,’’ contributing to an ap- for HIV and that up to 80 percent is I would like to thank Senator SPEC- palling 18 percent prevalence of the never tested for hepatitis. TER for his help in bringing this issue deadly hepatitis C virus in the Egyp- to light during our consideration of ap- tian population. It is estimated by the respected propriations for the Departments of Since the recognition that unsafe in- group, Safe Blood for Africa, that as a Labor and HHS. jections pose an unacceptable risk in consequence of this breakdown, ap- While we are all aware of many ex- vaccination campaigns, international proximately 15 percent of the sub-Sa- cellent programs that seek to treat efforts now almost universally include haran African blood supply is infected this virus or prevent its transmission, adequate injection safety training and with HIV and 20 percent with hepatitis. it is widely unrecognized that, even by supplies. These limited efforts are com- The World Health Organization esti- conservative estimates, each day 1,000 mendable but more needs to be done. mates that up to 10 percent of new HIV Africans who go to hospitals, clinics, or To understand the proportion of the cases in Africa may be due to contami- local doctors seeking treatment come problem that remains to be addressed, nated blood transfusions. away infected with a deadly disease. one must note the distinction between Once again, it is clear that trans- They contract this virus through un- injections given for vaccinations and fusions of contaminated blood result in safe injections given with needles and therapeutic injections, or injections yet another ‘‘hidden’’ source of disease syringes that are often reused again given for the purpose of treating infec- transmission fueling this epidemic. and again, or through contaminated tions or other disease processes. Seventy percent of the recipients of transfusions with blood that is never It has been estimated that world- these high-risk transfusions are women screened for HIV, hepatitis B, hepatitis wide, therapeutic injections outnumber and children, making blood safety a C, or other potentially deadly diseases. vaccinations by about nine to one, to- crucial component of our larger effort In March of this year, the Wash- taling approximately 12 billion injec- to fight HIV/AIDS in mothers and chil- ington Times reported that Dr. David tions administered each year in the de- dren. Gisselquist and his colleague John veloping world, including the African This figure is linked to the high inci- Potterat had published an article in nations of the global AIDS initiative. dence in Africa of malaria, which fre- the International Journal of STD & Despite this fact, and the dem- quently causes severe anemia, particu- AIDS, a publication of the British onstrated risks associated with unsafe larly in children, and of severe Royal Society of Medicine, that pre- injections, leaders in the field of HIV postpartum bleeding. It is important to sented evidence that the reuse of nee- prevention have warned that ‘‘little at- recognize, too, that even in the treat- dles and syringes has played a major tention has been paid to the systematic ment of anemia related to these com- role in the African HIV/AIDS epidemic. correction of widespread unsafe prac- mon conditions, best medical practices

VerDate jul 14 2003 23:55 Sep 11, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G10SE6.161 S10PT2 September 10, 2003 CONGRESSIONAL RECORD — SENATE S11363 would dictate that many of these injection equipment was available own latest research suggesting other- transfusions are unnecessary. through community pharmacies, the wise. This is just one more example of the rate of reuse dropped 92 percent within At the HELP Committee hearing I potential to decrease the risk to people 5 years. chaired on this subject in July, Holly of deadly infection, as well as the con- At the HELP committee hearing I Burkhalter of Physicians for Human siderable cost of these unnecessary chaired on July 31, it was very encour- Rights joined a host of respected wit- transfusions through educating pro- aging to hear the testimony of Dr. nesses in testifying that the healthcare viders on simple guidelines for trans- John Ssemakula a physician from transmission of HIV is a problem that fusion. Uganda, who was able to describe the must be addressed within the Global This administration, and our re- great strides his country has made in AIDS initiative. Ms. Burkhalter and spected majority leader, Dr. BILL cleaning up injection practices. Dr. her colleague Dr. Eric Friedman subse- FRIST, have declared that ending the Ssemakula was also able to convey the quently authored an opinion piece that mother-to-child transmission of HIV is plea of the dedicated men and women was run in the Washington Post fol- of the utmost importance in the over- on the frontlines of health care in lowing the hearing that eloquently re- all global AIDS initiative. Uganda—that they be provided with iterated this point. One of the most startling facts about the equipment they need to provide It was shocking to once again open the healthcare transmission of HIV in safe injections. the paper to find that the World Health Africa is the fact that injection safety These are intelligent, well-educated, Organization again declined to lead on and blood safety have been specifically well-intentioned people and they sim- the issue of healthcare transmission, singled out by researchers as the most ply want enough syringes to provide an area in which its own researchers cost-effective means of preventing the their patients with safe care. are pioneers. Instead, they opted for a spread of HIV. I have been pleased, over the past competing opinion piece minimizing A study published by the WHO in 1999 several months, to have had the oppor- the problem and opposing the devotion suggested that addressing the problem tunity to express my concerns to Ran- of any additional resources. of unsafe injections might well result dall Tobias, the incoming Global AIDS in actual savings for the governments Coordinator at the State Department, As things stand at present, there is and organizations financing the fight and to Dr. Joe O’Neill, director of the still no comprehensive USAID or ad- against AIDS. These savings would be White House Office of National AIDS ministration plan to address the generated both by a reduction in the policy and the new deputy coordinator healthcare transmission of HIV. I have number of unnecessary injections, and chief medical officer in the office not been made aware of any plan to ad- which, amazingly, may account for a of the coordinator. dress injection safety at all, outside majority of therapeutic injections ac- I hope that these gentlemen came the context of vaccination programs. tually given in the developing world, away with a good understanding of the Through appropriations directed to and by avoiding the tremendous finan- crucial importance of addressing the USAID, the Global Fund, and the De- cial drain associated with the averted healthcare transmission of HIV, and I partment of Health and Human Serv- infections. look forward to continuing to work ices, the United States Congress rep- In testimony before the HELP com- with the administration and other key resents the single greatest source of mittee at a hearing I chaired in July, parties to the global AIDS effort. funding for the international effort to one of the leading WHO researchers One of the greatest disappointments I combat HIV/AIDS. In this capacity, the confirmed both his own conclusion that have encountered in my effort to draw Congress must require that these funds ending unsafe injection practices would attention and resources to this prob- are accompanied by a moral commit- be eminently cost-effective and his pro- lem has been the response of the lead- ment to apply resources wisely. jection that blood safety efforts would ership of the World Health Organiza- It is clear that doing so requires prove to be similarly so. tion. promptly acknowledging and address- As noted previously, the World That being said, groups within the ing the issue of the healthcare trans- Health Organization’s Department of World Health Organization continue to mission of HIV. Blood Safety and Clinical Technology do commendable work in the area of The CDC, through its Global AIDS has, working with a variety of groups, healthcare transmission, including De- Program and a variety of other efforts produced a strong body of research on partment of Blood Safety and Clinical at home and abroad, has accumulated both injection safety and blood safety Technology, which has made progress important experience in the prevention in Africa. in the area of blood safety and, within of the healthcare transmission of HIV. At my urging, the Department of this department, the Safe Injection This agency provided leadership in Health and Human Services has under- Global Network, which is a pioneer in ensuring the safety of the U.S. blood taken the task of reviewing all of the the field of injection safety. supply during the early days of the HIV available data to better define the true The disconnect between the good epidemic here, contributing to the de- magnitude of health care transmission work being done by committed people velopment of one of the world’s finest through unsafe injections. At this very within this organization and the deter- and safest blood banking systems. The moment, the Research Triangle Insti- mined resistance of leadership to even CDC continues to provide expertise and tute, the private clinical research orga- acknowledging that this is a substan- support of a multitude of international nization awarded the contract for this tial problem is really appalling. efforts to promote blood safety. study, is working toward this goal. The World Health Organization and a The results of this study will be re- number of other major public health In the area of injection safety, the viewed by an independent panel of ex- entities responded to Dr. Gisselquist’s CDC has strongly backed efforts to en- perts in the field, and I am pleased to conclusions not as an invitation to re- sure that every injection given in U.S. note that we do anxiously await the re- assess their data, but instead mounted hospitals and clinics is a safe injection. sults of this analysis, which is due to a defensive response that consisted of Overseas, the agency has supported be completed next month. an unyielding insistence on their own, groups such as the WHO’s Safe Injec- My eagerness to see action on this admittedly conservative figures and a tion Global Network, which has con- problem is fueled by evidence that campaign to discredit Dr. Gisselquist. ducted important research on safe in- there have been some real successes on At the very World Health Organiza- jection practices in the developing the ground in Africa, in some of the tion conference where its own research- world and also works to disseminate poorest nations in the world: ers were presenting evidence that information essential to the implemen- In Burkina Faso, where in 1995 it was healthcare transmission is a more sub- tation of successful injection safety estimated that injection equipment stantial problem that prior WHO num- programs. was reused at rates ranging from 20 bers would suggest, the leadership in- At a time when the United States is percent in urban areas to an appalling sisted on releasing a public statement launching an unprecedented campaign 90 percent in rural regions, the answer that the organization stands by its own against HIV/AIDS in Africa and the was supply. When adequate disposable previous numbers—even in light of its Caribbean, the CDC is thus uniquely

VerDate jul 14 2003 01:25 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A10SE6.191 S10PT2 S11364 CONGRESSIONAL RECORD — SENATE September 10, 2003 positioned to provide the administra- but it must also move beyond this ini- While we may eagerly anticipate the tion and Congress with important guid- tial assessment stage to outline the CDC’s contribution, in the form of a ance in launching the most effective ef- supply and logistical requirements that strong plan, to be submitted to Con- fort possible to end the healthcare we will need to understand to move for- gress within 90 days, the interim must transmission of HIV. ward with real, on-the-ground inter- not be marked by inaction. While there are a multitude of pro- ventions. This issue will be before us again grams, many of them CDC-supported, Experts in the field of injection safe- soon, when the Senate considers the addressing various aspects of the ty suggest that an effective injection Foreign Operations appropriations bill, healthcare transmission problem, there safety program must address not only has been an ongoing failure to launch a the provision and distribution of safe which includes the bulk of the adminis- coordinated effort to intervene to injection equipment, preferably tration’s requested appropriations to change conditions on the ground in the nonreusuable autodisable syringes, but fund the global AIDS initiative. African region. also national-level planning, the edu- I intend to ensure that at that time, A hallmark of the President’s Global cation of providers and the public in the issue of the healthcare trans- AIDS plan has been a commitment to the appropriate and safe use of injec- mission of HIV in Africa is not ne- effective coordination and application tions, and an appropriate program for glected within the greater war on HIV/ of resources. This commitment must be waste disposal. extended to ensuring that we put an AIDS. end, right now, to the appalling daily Similarly, a strong blood safety pro- We have reached an important his- toll taken by unsafe injections and gram must not only provide rapid ac- torical point in the global AIDS epi- contaminated blood transfusions in Af- cess to accurate test kits, but also staff demic, a point at which the world’s training, quality assurance, and a na- rica. leaders have stepped forward to ac- tional-level program to ensure an effec- The CDC must again take the lead in knowledge the scope of the problem, tive system of donor selection, blood moving quickly and energetically to and its tragedy. outline a plan to comprehensively ad- screening, and appropriate utilization dress injection safety and blood safety of blood products. I would like to offer the caution that in the African nations included in the Thankfully, these things have all this tragedy becomes a travesty when Global AIDS initiative. been done before. Moreover, they have the leaders in the global effort are of- This plan must reflect our intent to been done before by the Centers for fered clear evidence that intervention intervene in this problem immediately. Disease Control. It is time that past is needed, yet continue to allow death It must include an assessment of the lessons be applied to the problem be- sentences to be handed to 1,000 men, status of the health care system and fore us today, that of the healthcare women, and children every day through existing programs in these countries, transmission of HIV. their inaction.

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