H6772 CONGRESSIONAL RECORD — HOUSE September 8, 2004 Becerra Hinchey Olver GENERAL LEAVE good education, it gives hope to every- Bell Hinojosa Ortiz one searching for a good or better job Berkley Hoeffel Pallone Mr. REGULA. Mr. Speaker, I ask Berman Holden Pascrell unanimous consent that all Members than they have, and it gives hope to Berry Holt Pastor may have 5 legislative days within the ill seeking a cure. Bishop (GA) Honda Pelosi which to revise and extend their re- This bill provides $142.5 billion—that Bishop (NY) Hooley (OR) Peterson (MN) is $500 for every person in the United Blumenauer Hoyer marks and include extraneous material Pomeroy States of America—a 2.2 percent in- Boswell Inslee Price (NC) on H.R. 5006, and that I may include Boucher Israel Rahall crease over fiscal year 2004, for over 500 Boyd Jackson (IL) tabular material on the same. Rangel different discretionary programs. It is Brady (PA) Jackson-Lee The SPEAKER pro tempore. Is there Reyes Brown (OH) (TX) responsible, it is fair, and it is bal- Rodriguez objection to the request of the gen- Brown, Corrine Jefferson anced. Ross tleman from Ohio? Butterfield Johnson, E. B. Let me first talk about education. I Capps Kanjorski Rothman There was no objection. Roybal-Allard would like to discuss what this bill pro- Capuano Kaptur f Cardin Kennedy (RI) Ruppersberger vides for education. Education is essen- Cardoza Kildee Rush DEPARTMENTS OF LABOR, tial to the preservation of democracy, Carson (IN) Kilpatrick Sabo and an investment in education is an ´ HEALTH AND HUMAN SERVICES, Carson (OK) Kind Sanchez, Linda investment in human capital and an in- Case Kucinich T. AND EDUCATION, AND RELATED Clyburn Langevin Sanchez, Loretta AGENCIES APPROPRIATIONS vestment in the future of this great Cooper Lantos Sanders ACT, 2005 Nation. Costello Larsen (WA) Sandlin Mr. Chairman, Federal education The SPEAKER pro tempore. Pursu- Cramer Larson (CT) Schakowsky spending has more than doubled since Crowley Lee Schiff ant to House Resolution 754 and rule fiscal year 1996, from $23 billion to Cummings Levin Scott (GA) XVIII, the Chair declares the House in nearly $60 billion today. We have fo- Davis (AL) Lewis (GA) Scott (VA) the Committee of the Whole House on Davis (CA) Lipinski Serrano cused spending in this bill in the key Davis (FL) Lofgren Sherman the State of the Union for the consider- areas that most directly improve our Davis (IL) Lowey Skelton ation of the bill, H.R. 5006. Davis (TN) Lucas (KY) Slaughter children’s education. DeFazio Lynch Smith (WA) b 1152 First and foremost, I believe that no DeGette Majette Snyder child will be left behind if he or she has IN THE COMMITTEE OF THE WHOLE Delahunt Maloney Solis a quality and dedicated teacher. Al- DeLauro Markey Accordingly, the House resolved Spratt most every teacher in our Nation’s Deutsch Marshall Stark itself into the Committee of the Whole Dicks Matheson classrooms today is there for one rea- Stenholm House on the State of the Union for the Dingell Matsui son: They love children and want to Strickland consideration of the bill (H.R. 5006) Doggett McCarthy (MO) Stupak Dooley (CA) McCollum help them reach their full potential, Tanner making appropriations for the Depart- Doyle McDermott and that should be their goal. Tauscher ments of Labor, Health and Human Edwards McGovern We applaud their hard work and dedi- Taylor (MS) Emanuel McIntyre Services, and Education, and related Thompson (CA) cation, and we support them in this bill Eshoo McNulty agencies for the fiscal year ending Sep- Thompson (MS) by providing funding to encourage peo- Etheridge Meehan tember 30, 2005, and for other purposes, Evans Meek (FL) Tierney ple to enter the field of teaching and to Farr Meeks (NY) Towns with Mr. LATOURETTE in the chair. strengthen and maximize the skills of Turner (TX) Fattah Menendez The Clerk read the title of the bill. those already in the classroom. Filner Michaud Udall (NM) The CHAIRMAN. Pursuant to the Van Hollen I would urge young people that are Ford Millender- rule, the bill is considered as having Frank (MA) McDonald Vela´ zquez thinking about a career to give consid- Frost Miller (NC) Visclosky been read the first time. eration to being in a classroom, where Gephardt Miller, George Waters Under the rule, the gentleman from they can touch the lives of children. Gonzalez Moore Watson Ohio (Mr. REGULA) and the gentleman Gordon Watt Often when I speak to large groups out Moran (VA) from Wisconsin (Mr. OBEY) each will Green (TX) Murtha Waxman in the district, I say, how many of you Gutierrez Nadler Weiner control 30 minutes. had a teacher that has made a dif- Harman Napolitano Wexler The Chair recognizes the gentleman ference in your life? Almost every hand Hastings (FL) Neal (MA) Woolsey from Ohio (Mr. REGULA). Herseth Oberstar Wu in the room goes up. Hill Obey Wynn Mr. REGULA. Mr. Chairman, I yield This bill also supports teachers and myself such time as I may consume. NOT VOTING—34 students by increasing funding for Mr. Chairman, I am pleased to offer Title I by $1 billion. Title I provides Andrews Grijalva Norwood today the fiscal year 2005 appropria- the additional resources to low-income Ballenger Hobson Owens tions bill for the Departments of Bilirakis John Payne schools to help principals, teachers and Boehlert Jones (OH) Putnam Labor, Health and Human Services, students close education achievement Brady (TX) Kleczka Ryan (OH) Education and related agencies. By gaps. At the school level, Title I helps Cannon Kolbe Schrock taking into consideration the priorities Chandler Lampson provide additional staff, ongoing train- Simmons of the President and the Members, all Clay Lewis (CA) Tauzin ing and the latest research, computer Conyers McCarthy (NY) Udall (CO) the Members of this House, we have equipment, books or new curricula of- Culberson McInnis Young (AK) produced a bill that meets the needs of Engel Mollohan ferings that, coupled with strong ac- Flake Nethercutt all Americans. This bill affects the countability efforts, helps disadvan- lives, in one way or another, of every taged children meet the same high ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE American. standards as their more advantaged The SPEAKER pro tempore (Mr. We are appreciative of the efforts of peers. SIMPSON) (during the vote). Members the leaders of the House and the chair- In addition to the funding increases are advised 2 minutes remain in this man of the Committee on Appropria- in Title I, this bill also increases fund- vote. tions, the gentleman from Florida (Mr. ing for scientifically based reading pro- b 1152 YOUNG), to provide a workable alloca- grams so that all children can read Mr. DOOLEY of California and Ms. tion for this bill. I am pleased to say well by the end of the third grade. In 3 CORRINE BROWN of Florida changed that this bill was unanimously ap- short years, funding for reading pro- their vote from ‘‘yea’’ to ‘‘nay.’’ proved on a bipartisan basis in both the grams has tripled to over $1.3 billion, So the previous question was ordered. subcommittee and the full committee. tripled, and importantly so. Reading is The result of the vote was announced I would also like to acknowledge the the key. This investment will assist as above recorded. hard work, dedication, and expertise of parents, teachers and school districts The SPEAKER pro tempore. The my subcommittee staff, as well as the in meeting the reading challenges of question is on the resolution. minority staff, in putting together this our children. The resolution was agreed to. bill. Mr. Chairman, many of my col- A motion to reconsider was laid on Mr. Chairman, this bill is about hope. leagues speak with me about the finan- the table. It gives hope to every child seeking a cial demands of special education on

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.008 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6773 their local school districts. We also the public’s investment. Funding for istrative functions. Funding for CMS is hear from parents about the need to NIH has increased by over $700 million, at $2.7 billion, an increase of more than support adequate special education bringing its total budget to $28.5 bil- $100 million. That is important, be- funding to ensure their special-needs lion. In that regard I might say that we cause it will speed up processing of children receive a quality and equal looked at all the programs and said, is claims for people in Medicare, Med- education opportunity. this producing results so that we could icaid, and so on. In this bill, funding for special edu- use the money as good stewards and as Infant mortality rates in certain seg- cation totals over $11 billion, a nearly wisely as possible for the 280 million ments of our population are at least 11⁄2 380 percent increase since fiscal year Americans. times the national average. We have 1996, and $1 billion more than last year. All of the information and advances provided over $97 million for the Title III programs are designed to we have gained from NIH, however, will Healthy Start Program, which uses strengthen institutions of higher edu- be useless if they do not make their community-designed and evidence-sup- cation that serve a high percentage of way to health care providers and indi- ported strategies aimed at reducing in- minority students and students from viduals, those most responsible for fant mortality. low-income backgrounds. I want to their own health. Thus, the work of the Our commitment to a child’s well- point out that in fiscal year 2005, fund- Centers for Disease Control and preven- being does not rest with Healthy Start. ing to Title III programs is at $519 mil- tion is critical to protecting the health We have provided nearly $6.9 billion for lion, and this, combined with the fund- and safety of people at home and Head Start, a program designed pri- ing for Howard University and other abroad. marily for preschoolers from low-in- historically black colleges and univer- Recognizing the tremendous chal- come families. sities financing programs, our commit- lenges faced by CDC, we have provided The Adoption Incentive Program has ment to minority serving institutions over $915 million for the prevention and been successful in contributing to sub- exceeds $975 million. control of chronic diseases such as dia- stantial increases in adoptions in re- betes, cancer, heart disease, arthritis cent years. Between fiscal year 1998 b 1200 and tobacco use, and $640 million for and fiscal year 2002, a total of 236,000 The sharp rise in college costs con- immunizations. CDC’s total allocation children were adopted. Think what tinues to be a barrier to many stu- for fiscal year 2005 includes nearly $4.5 that means. They got a home. They got dents. Pell grants help ensure access to billion. a family, Mr. Chairman. 236,000! While postsecondary education for low and Mr. Chairman, health centers oper- the overall number of children being middle-income undergraduate students ating at the community level provide adopted has grown dramatically, some by providing grants that help meet col- regular access to high-quality, family- children needing permanent homes re- lege education needs. The bill con- oriented, comprehensive primary and main less likely to be adopted. This tinues to support a maximum Pell preventive health care, regardless of bill provides $32 million for the Adop- grant level of $4,050, while also includ- ability to pay, and improves the health tion Incentives Program so that States ing $12.9 billion for Pell grants, an in- status of underserved populations liv- may continue their efforts to increase crease of $823 million over last year. ing in inner city and rural areas. These the number of children adopted by car- Health and Human Services. funds provided in our bill, $1.8 billion, ing families. Additional support for the Presi- If you have good health, you have an increase of $218 million over last dent’s initiatives in this bill include: hope; and if you have hope, you have year, are expected to serve 14.8 million $55 million for the Compassion Capital everything. Health care is a critical patients in fiscal year 2005—83 percent Fund, which helps faith-based and com- part of our Nation’s economic develop- more than in fiscal year 1996. These are munity organizations increase their ef- ment. To assist in protecting the important to a lot of people. They are fectiveness and enhance their ability to health of all Americans, and to provide important to emergency rooms, be- provide social services to those most in essential human services, the bill pro- cause it gives people a place to go as an need. Mr. Chairman, $129 million for vides the Department of Health and alternative. violent crime reduction programs; $110 Human Services over $62 billion for fis- Children’s hospitals across the Na- million for abstinence education, an in- cal year 2005. tion are the training grounds for our crease of nearly $35 million over the Mr. Chairman, similar to the Depart- pediatricians and pediatric specialists. ment of Education, we have more than fiscal year 2004 level. Many of these hospitals are regional The Low Income Home Energy As- doubled the funding for HHS since fis- and national referral centers for very sistance Program ensures that low-in- cal year 1996: $28.9 billion in fiscal year sick children, often serving as the only come households are not without heat- 1996 to $62.2 billion for fiscal year 2005. source of care for many critical pedi- ing or cooling and provides protection I think that is a tremendous increase atric services. The bill provides over to our most vulnerable populations: under the circumstances, but will meet $303 million to train these important the elderly, households with small chil- real needs. caregivers who care for America’s dren, and persons with disabilities. The At the forefront of new progress in youngest population, its children. funds are distributed to the States medicine, the National Institutes of The Ryan White AIDS Drug Assist- through a formula grant program, and Health supports and conducts medical ance Program funding is increased by we have provided $2 billion for fiscal research to understand how the human over $35 million, bringing its total to year 2005, an increase of $110 million body works and to gain insight into over $800 million. The increase in fund- over the fiscal year 2004 level. In addi- countless diseases and disorders. As a ing assists those infected with the tion, $227 million is included for the result of our commitment to NIH, our virus and receiving vital medication weatherization program. citizens are living longer and better through the drug assistance program. Mr. Chairman, our society is judged lives. Life expectancy at birth was only Overall, the Ryan White AIDS pro- not only by the care we provide to our 47 years in 1900. By 2000, it was almost grams are funded at more than $2 bil- young, but also by how we treat the el- 77 years, and my colleagues heard me lion. derly. This bill provides over $1.4 bil- say earlier that Dr. Zerhouni testified The Centers for Medicare and Med- lion to the Administration on Aging to that every 5 years, life expectancy goes icaid Services is the Federal agency re- enhance health care, nutrition, and so- up a year. sponsible for overseeing Medicare, cial supports to seniors and their fam- In every state across the country, the Medicaid, and the State Children’s ily caregivers. NIH supports research at hospitals, Health Insurance Program. CMS is the In the labor area. universities, and medical schools. The largest purchaser of health care in the We ought to support the aspirations 5-year doubling of the NIH budget com- world and second only to Social Secu- of people: good health, security, mean- pleted in fiscal year 2003 has picked up rity in the level of Federal spending. ingful work, creative and intellectual the pace of discovery and heightened And while the mandatory funding for pursuits. The Department of Labor public expectations. We now expect CMS programs comes through the plays a key role in many important NIH to carefully examine its portfolio Committee on Ways and Means, this worker-training and protection pro- and continue to be a good steward of bill provides the costs for their admin- grams. Therefore, we have restored

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.027 H08PT1 H6774 CONGRESSIONAL RECORD — HOUSE September 8, 2004 funding to core job training and em- sures efficient services to recipients. of how the taxpayers of this country ployment assistance programs. We have included $485 million, an in- are providing funds to help others. It is A number of communities continue crease in the funding for the Social Se- a perfect example of caring for each to experience plant closings and other curity Administration to improve de- other, and I think that is very much a layoffs, and we understand the need to livery of benefits and expedite the part of the goodness of America. As I support dislocated worker-training pro- processing of disability claims. I am stated earlier, this bill is about hope. grams that can assist workers to re- sure all of my colleagues have experi- Someone once said, ‘‘Hope deferred turn to gainful employment. In this enced this, where people very much makes the heart sick, but a desire ful- bill, we restore funding for dislocated need the funding and to get their dis- filled is a tree of life.’’ We give hope to worker-assistance programs to nearly ability claims taken care of, and we people who want better education. We $1.5 billion, $25 million over fiscal year recognize that; and we have added give hope to people who want better 2004, and an increase of over $96 million money so that we can speed up the health, and we give hope to those who above the budget request. process. are seeking retraining in order to get a This bill includes $19 million for a Mr. Chairman, much more could be job. This is very important in what Homeless Veterans Reintegration pro- said about this bill which touches this bill does for the people of this Na- gram to operate employment programs every American at some point in life. tion. I think the people desire a good that reach out to homeless veterans We are mindful of the fiscal limitations education, they desire meaningful jobs, and help them become employed. of our bill and have tried to use the al- and they desire good health. Worker-protection programs, includ- location to fund our highest priorities. ing OSHA and MSHA, are funded at The French philosopher de Mr. Chairman, this bill does its best, $462 million and $276 million, respec- Touqueville came to America in the within the constraints of what we had tively. 1800s and wanted to see what makes available, to meet the American peo- The Social Security Administration this country different, and he observed, ple’s needs. It is responsible, it is fair, receives its mandatory allocation ‘‘America is great because she is good. and it is balanced. I ask my colleagues through the Committee on Ways and If America ceases to be good, America to support it. Means; this bill provides the funding will cease to be great.’’ Mr. Chairman, at this time I will sub- for their administrative costs. Effec- This bill is about the goodness of mit a detailed table of the bill into the tive administration of this agency en- America. This bill is a perfect example RECORD.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6775

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/1 here EH08SE04.001 H6776 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/2 here EH08SE04.002 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6777

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/3 here EH08SE04.003 H6778 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/4 here EH08SE04.004 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6779

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/5 here EH08SE04.005 H6780 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/6 here EH08SE04.006 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6781

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/7 here EH08SE04.007 H6782 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/8 here EH08SE04.008 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6783

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/9 here EH08SE04.009 H6784 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/10 here EH08SE04.010 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6785

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/11 here EH08SE04.011 H6786 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/12 here EH08SE04.012 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6787

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/13 here EH08SE04.013 H6788 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/14 here EH08SE04.014 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6789

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/15 here EH08SE04.015 H6790 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/16 here EH08SE04.016 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6791

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/17 here EH08SE04.017 H6792 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/18 here EH08SE04.018 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6793

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/19 here EH08SE04.019 H6794 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/20 here EH08SE04.020 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6795

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/21 here EH08SE04.021 H6796 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/22 here EH08SE04.022 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6797

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/23 here EH08SE04.023 H6798 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/24 here EH08SE04.024 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6799

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/25 here EH08SE04.025 H6800 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.029 H08PT1 Insert offset folio 141/26 here EH08SE04.026 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6801 Mr. Chairman, I reserve the balance improve. And, every teacher of a core aca- nation of 22 programs. For example, the of my time. demic subject must become ‘‘highly quali- Committee bill wipes out the Title VI edu- Mr. OBEY. Mr. Chairman, I yield my- fied.’’ cation block grant, although the Adminis- self 30 seconds. Against the backdrop of record school en- tration proposed to continue its flexible rollments, unprecedented Federal education funding of nearly $300 million to help the na- I will include at this point in the de- accountability requirements, and rising de- tion’s school districts pay for locally identi- bate the supplemental views that I and mand for college assistance, the Committee fied needs, such as up-to-date instructional my Democratic colleagues wrote on bill fails to match these growing demands materials, counseling services, and parental this bill which lay out our concerns with sufficient resources. The bill provides a involvement activities. Moreover, arts edu- about this bill’s shortcomings. I think $2.0 billion (3.6 percent) increase over FY 2004 cation, teacher training to improve Amer- they will be sufficient to explain why for the Department of Education’s discre- ican history instruction, drop out preven- so many of us have such grave mis- tionary programs, continuing a downward tion, K–12 foreign language assistance, and givings about this bill. slide in new discretionary education invest- community technology centers to bridge the ments under the Bush Administration. digital divide in low-income communities— MINORITY VIEWS OF THE HONORABLE No Child Left Behind all priority activities reauthorized in DAVID OBEY, STENY HOYER, NITA NCLB—are terminated. Because of budget LOWEY, ROSA DELAURO, JESSE JACK- While all 50 states and 15,500 school dis- tricts are striving to address NCLB’s worthy constraints, the bill even denies over $100 SON, JR., PATRICK KENNEDY, AND LU- million in education initiatives requested by CILLE ROYBAL-ALLARD goals, money remains short in many schools. Nonetheless, the Committee bill actually the President. While this bill is a modest improvement cuts NCLB funding $120 million below the Ad- Special Education over the President’s budget request, it fails ministration’s request, while providing only to meet America’s needs in education, health President Bush’s Commission on Excel- $328 million (1.3 percent) more than FY 2004. care, medical research, and human services. lence in Special Education concluded, ‘‘chil- In total, the bill provides $9.5 billion less The bill’s inadequacies, however, are not the dren with disabilities remain those most at than the funding promised in NCLB. fault of the Committee or Chairman Regula. risk of being left behind.’’ The Committee Fully funding Title 1—which serves low-in- This bill’s shortcomings are the direct and bill makes progress in fulfilling federal com- come children in schools with the greatest foreseeable result of the Majority’s reckless mitments in special education by providing a educational challenges—is the centerpiece of FY 2005 budget resolution which, as with $1 billion (9.9 percent) increase over FY 2004 federal education reform efforts. Title 1 each of the budgets the Majority produced for IDEA Part B State Grants, the same grants to school districts receive a $1 billion over the past three years, abandons fiscal amount as the President’s request. Under the (8.1 percent) increase in the Committee bill, discipline, mortgages our nation’s future, Committee bill, the federal contribution to- the same amount as the President’s request. and makes impossible critical investments ward special education costs incurred by the Despite this needed increase, Title 1 appro- that benefit all Americans. It is the product nation’s schools will increase from 18.7 per- priations in FY 2005 would still fall $7.2 bil- of the skewed priorities of the Majority, who cent in FY 2004 to 19.8 percent in FY 2005. lion short of the NCLB funding promise—ac- value super-sized tax cuts for our wealthiest Nonetheless, the Committee bill falls $2.5 counting for most of the total $9.5 billion and most privileged citizens over honoring billion short of the $13.6 billion promised last NCLB shortfall in the Committee bill. our commitments and protecting our most year by the Majority party when it passed A key concept in NCLB is that students H.R. 1350, the IDEA reauthorization bill. vulnerable citizens. who are falling behind are able to receive tu- Even when provided with an opportunity to toring and a broad array of enrichment serv- College Assistance change course, the Majority held rigidly to ices in school and community-based after In today’s increasingly technological soci- its failed budget blueprint. Earlier this year, school centers. Yet the Committee bill ety, a college education is essential for a the Majority rejected a Democratic alter- freezes funding for 21st Century Community good-paying job. For low- and moderate-in- native to the FY 2005 budget that was fis- Learning Centers at $999 million—only half come families, however, the task of sending cally responsible and allowed a greater in- of the $2.0 billion authorized by NCLB. At a child to college—which has never been vestment in education, health care, and the $2.0 billion level, an additional 1.3 mil- easy—is now a daunting challenge, given an many other critical priorities. Then, on June lion children could be served in such commu- average 26 percent tuition increase in the 24, the Majority defeated a Democratic reso- nities as Davenport, Iowa, Columbus, Ohio, last two years at 4-year public colleges and lution to revise the budget resolution that Greenville, South Carolina, and Salt Lake universities. would have made a greater investment in City, Utah, all of which are struggling to education, training, and health by modestly The Committee bill, however, makes little keep existing after school centers open to scaling back tax cuts for those with annual progress in making college more affordable serve children in working families. for disadvantaged students. The bill freezes incomes of $1 million or more. The Committee bill freezes funding at last Given the Majority Party’s misguided the maximum Pell Grant for low-income col- year’s levels for several programs that are budgetary choices, shortfalls in appropria- lege students at $4,050 for the second year in important to the success of NCLB. For exam- tions are inevitable. In fact, the Labor-HHS- a row, freezes College Work Study assist- ple, English language learning assistance for Education Subcommittee received a rel- ance, and cuts Perkins Loans by $99 million more than 5 million children who must learn atively good share of an inadequate total, al- below last year’s level. to read and speak English is frozen at $681 lowing an increase of about $3 billion above College students will receive help with dra- million, the second year in a row—even while the current year. That increase was largely matically rising tuition bills only through a these children must meet the same rigorous allocated to a few areas: providing $1 billion $24 million (3.1 percent) increase for Supple- academic standards as all other children. increases for two high-priority education mental Educational Opportunity Grants About 6,500 rural school districts will see programs, keeping up with rising costs in the (SEOGs), and a restoration of the $66 million their Rural Educational Achievement Pro- Pell Grant program, partially covering in- LEAP grants for state need-based student fi- gram grants level funded at $168 million, in creased research costs at NIH, and funding nancial assistance programs, which the Ad- the aggregate; despite the difficulty they the administrative expenses of the Social Se- ministration sought to eliminate. face in recruiting and retaining teachers. In curity Administration. INVESTING LESS IN AMERICA’S LABOR FORCE addition, investments in school violence pre- After doing these things, the sub- vention, substance abuse prevention and For the Department of Labor’s employ- committee had more than exhausted the ad- school safety activities are frozen at $595 ment and training assistance programs for ditional funds it was allocated above the FY million, nearly 10 percent less than the safe unemployed Americans, the Committee bill 2004 level. Consequently, other priorities in and drug-free schools funding level three invests $236 million less than the Administra- the bill had to be cut. years ago. tion’s request and $40 million less than last EDUCATION—NOT AT THE TOP OF THE CLASS The Committee bill makes only modest in- year, despite a loss of 1.8 million private sec- Next year, K–12 and higher education en- vestments in a few areas. For example, it tor jobs since President Bush took office. rollments will again reach record levels. provides a $63 million net increase for teach- While the Committee bill provides a $25 Nearly 55 million students will attend the er training in math and science instruction million (1.7 percent) increase over FY 2004 to nation’s elementary and secondary schools— (after accounting for an offsetting reduction assist dislocated workers affected by mass 4 million more students than in 1995. Full- in NSF support). It provides 1,300 school dis- layoffs, it denies 80 percent of the Adminis- time college enrollment will reach 16.7 mil- tricts located on or near military bases and tration’s $250 million request for the Com- lion students—14 percent more than a decade other federal facilities a $21 million (1.7 per- munity College technical training initiative ago. cent) increase under the Impact Aid pro- and eliminates the $90 million prisoner re- At the same time that schools are serving gram. Further, it rejects the Administra- entry initiative due to budget constraints. more students, the stakes are raised higher tion’s proposal to cut vocational and career The bill shaves the Administration’s pro- by the mandates of the No Child Left Behind education by $316 million and, instead, pro- posed 2.8 percent increase for salaries and Act (NCLB). During the 2005 school year, vides an increase to offset inflation. other operating costs for Job Corps, the schools must actually test each student in These modest increases, however, are off- highly successful initiative that helps hard- grades 3–8 in reading and math or face fed- set by deep reductions in other education core disadvantaged and unemployed youth, eral sanctions. Student achievement must initiatives, including the outright elimi- to a 1.8 percent increase over FY 2004.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.030 H08PT1 H6802 CONGRESSIONAL RECORD — HOUSE September 8, 2004 Unemployment remains unacceptably high services for low-income children, and assist sistance (LIHEAP), Refugee Assistance, Head with 8.0 million Americans out of work; how- children with disabilities and other special Start, Abstinence-only Sex Education, and ever, the Committee bill actually cuts as- health care needs. The National Health Serv- some programs of the Administration on sistance for individuals seeking jobs through ice Corps—which helps bring doctors and Aging. It also rejects most (but not all) of the Employment Service, a building block dentists into under-served areas—receives a the cut in the Community Services Block for the nation’s one-stop employment serv- bit less than in FY 2003. The Ryan White Grant proposed by the President. On the ices delivery system. State Employment AIDS Care programs (other than drug assist- whole, however, the bill’s human services ap- Service funding is cut to $696 million, a 10 ance) is also slightly under its FY 2003 level propriations fall short of what is needed. percent reduction below FY 2004 and the low- (while the number of AIDS patients has been For LIHEAP, the Committee added $111 est level in more than 10 years. The Com- rising by about 7 percent per year), and the million above FY 2004, as proposed by the mittee bill also rescinds $100 million in prior Title X family planning program is just 1.8 President. However, this barely does more funding, as requested by the Administration, percent above FY 2003. than reverse a decrease that occurred last for the H–1B training grants that help train ∑ Support for training in primary care year. Sharply higher energy prices combined Americans in high-skill, high-wage jobs and medicine and dentisty—which is targeted to with cold winters have increased the need for reduce the nation’s reliance on foreign work- increasing the number of doctors and den- LIHEAP. These same conditions have also ers. tists in rural and other underserved areas—is led to growing need for the Energy Depart- Further, funding to promote international cut 22 percent below the current year by the ment’s Weatherization Assistance Program labor standards and combat abusive child bill. Support for training in public health (which was recently transferred to the labor will be eviscerated with a 68 percent and preventive medicine is cut 24 percent, Labor-HHS bill). However, the bill includes cut in the Committee bill, which adds only $5 despite the difficulties that public health de- no increase at all for Weatherization, reject- million to the Administration’s request. The partments are having recruiting and retain- ing the $64 million addition proposed by the $35.5 million provided in the bill includes ing qualified professionals. President. only $16 million for child labor projects com- ∑ The Committee bill does include a small, The Child Care Block Grant has its funding pared with the $82 million allocated in FY $5 million (3.5 percent) increase for nurse essentially frozen for the third year in a row 2004. education and training programs. While a under the Committee’s bill, meaning a real FALLING SHORT OF THE PROMISE OF A SAFE AND step in the right direction, it pales in com- reduction in help for working families. Ap- HEALTHY NATION parison to the national commitment envi- propriations for Head Start are $45 million sioned under the Nurse Reinvestment Act, less than the amount proposed by the Presi- For the health-related programs of the De- which was aimed at stemming the looming dent. Overall funding for the Administration partment of HHS, the Committee’s bill falls nursing shortage. on Aging is up by 2.2 percent. However, this short of what is needed to maintain the ∑ CDC’s childhood immunization program follows two years of even smaller increases, health care safety net, protect the public receives a small but welcome $11 million in- leaving the FY 2005 figure just 4.0 percent health, and advance medical research. crease in the Committee bill. However, the above its level three years earlier. The measure does substantially increase bill’s FY 2005 level is just 3.4 percent above funding for Community Health Centers, ex- THE DEMOCRATIC ALTERNATIVE FY 2002 while the cost to immunize a child pand a Global Disease Detection initiative at The demands of the war on terrorism, the with all recommended vaccines will have in- CDC, and provide modest increases for AIDS conflict in Iraq, homeland security needs, creased 18.5 percent. drug assistance and chronic disease preven- and a sluggish economy require a pragmatic ∑ Also in CDC, although the bill roughly tion programs. In some respects it is an im- and responsible approach to America’s budg- doubles an important Global Disease Detec- provement over the President’s budget—it et. Yet, even with all these competing needs tion initiative, funding for ongoing domestic rejects the Administration’s proposal to cut and challenges, this bill’s shortcomings were activities to control and respond to infec- bio-terrorism preparedness assistance to not fated. tious diseases like West Nile Virus, SARS health departments and hospitals, and re- The budget alternatives that Democrats and the flu are increased by just 1.1 percent. duces the President’s proposed cuts in rural offered earlier this year—including the pack- ∑ The Committee bill makes a 17.5 percent health and health professions programs. age of budget resolution revisions that the cut in basic support to state and local health However, a number of health programs are House considered on June 24—would have al- departments through the Preventive Health still cut below the current-year level by the lowed this Committee to make a greater in- and Health Services Block Grant. This fund- Committee bill. Examples include the vestment in education, health care, medical ing is used for a range of priorities, from Healthy Communities Access Program, sev- research, and other pressing needs. Our budg- health screening to immunization to control eral rural health programs, some health pro- et alternatives were also fiscally responsible; of chronic diseases like diabetes and asthma fessions training programs (especially those they would have provided for these national to basic epidemiological investigations and related to primary care and public health), needs and reduced the deficit by modestly re- public health laboratory operations. and block grants for public health services. ducing tax cuts for those with annual in- For the National Institutes of Health, the A large number of other programs have their comes above $1 million. Committee bill is identical to the Adminis- funding frozen, often for the second or third When this bill was considered by sub- tration’s budget request. It provides an in- year in a row. These freezes, while health committee and by the full Appropriations crease of 2.6 percent—which is the smallest care costs and the number of people needing Committee, amendments were offered mir- in 19 years and significantly less than the 3.5 assistance are continuing to increase, mean roring the Labor-HHS-Education portion of percent needed to cover estimated inflation real erosion in the health care safety net and the Democratic budget proposal. These in biomedical research costs. Although the public health protection. amendments would have added $7.4 billion to Administration says that its budget (and ∑ The Committee bill terminates the the bill, paid for by 30 percent reduction in hence the Committee bill) would produce a Healthy Communities Access Program the 2005 tax cuts for people with incomes small increase in the number of new and re- (HCAP), which makes grants to local con- over $1 million. Instead of tax cuts averaging competing research project grants—revers- sortia of hospitals, health centers, and other about $127,000, this top-income group would ing a decrease that is occurring in FY 2004— providers to build better integrated systems have their tax cuts reduced to an average of it achieves that result only by assuming un- of care for the uninsured. This means that $89,000. Regrettably, these amendments were usually tight limits on the average size of re- roughly 70 communities will lose their exist- defeated on party line votes. Had they been search grants, including cuts to ongoing re- ing three-year grants and about 35 new adopted, we could: search projects below previously committed grants will not be made. ∑ Invest $1.5 billion more in Title I instruc- levels. If grant amounts were instead allowed ∑ Rural Health Outreach Grants—which tion to help an additional 500,000 low-income to increase at normal rates, the number of support primary health care, dental health, and minority children in the poorest commu- new grants would decrease for the second mental health, and telemedicine projects— nities succeed in school; year in a row. Many Members have been cir- are cut by 24 percent. Grants to improve ∑ Invest $200 million more in after school culating letters to the Committee urging ad- small rural hospitals are cut in half, funding centers so that an additional 267,000 children, ditional funding to accelerate research into to help rural communities acquire the who are responsible for taking care of them- diseases like Parkinson’s or Alzheimer’s or defibrillators that can save the lives of heart selves after school each day, have a safe and cancer. Many of the Members of Congress attack victims are cut by more than half, nurturing place to go after school; who have signed such letters in fact voted and a small new program to help improve ∑ Invest $1.2 billion more to subsidize the for the Republican budget resolution which emergency medical services in rural areas is high costs of educating 6.9 million children has made it impossible for the committee to eliminated. with disabilities; provide funding levels requested in such let- ∑ Apart from grants to Health Centers, the ∑ Provide a $450 increase in the maximum ters. At the funding level in the Committee bill continues to slow erosion of most other Pell Grant for students with the greatest fi- bill, such increases simply are not possible. health care programs. The Maternal and nancial need, and begin to restore its pur- Child Health Block Grant is funded slightly HELPING AMERICA’S MOST VULNERABLE chasing power for more than 5 million low- below its level of three years earlier, with no CITIZENS income students; increase for rising health care costs, popu- For the human services side of the Depart- ∑ Assist an additional 51,000 teachers im- lation or anything else. These grants help ment of HHS, the Committee bill includes prove their instructional skills to become support prenatal care and health and dental increases for Low-Income Home Energy As- highly qualified under NCLB; and

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.021 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6803 ∑ Ensure that 2,500 low-performing schools ∑ Eliminate the proposed cuts in rural still serves only about 14 percent of the eligi- receive the assistance they were promised to health programs, and add an additional $19 ble population. implement effective, comprehensive reforms million to better support rural health clin- Provide an additional $70 million for senior to raise their academic performance. ics, hospitals and emergency services. citizens’ programs of the Administration on In the area of workforce training, the ∑ Provide $50 million to help meet some of Aging, including Meals on Wheels and other Democratic amendment would have provided the most urgent unmet needs for dental care, nutrition programs. an additional $200 million to support train- through grants for rural dental clinics, Budgets are as much about America’s val- ing and job placement services for more job- scholarships and student loan repayment ar- ues are they are about dollars and cents. By less Americans. And, it would have fully re- rangements for dentists who locate in under- prioritizing massive tax cuts for the wealthi- stored funding to combat child labor and served areas, and grants and low-interest est among us, House Republicans have once promote workers’ rights around the world, loans to help dentists who agree to partici- again rejected traditional American values which in turn would have helped workers pate in Medicaid establish and expand prac- of shared sacrifice in difficult times and here at home. tices in areas with dental shortages. equal opportunity for all Americans. The On the health and human services side, the ∑ Add $500 million to the budget of the Na- Majority’s priorities will mean less oppor- Democratic amendment would have allowed tional Institutes of Health—enough to pro- tunity through education and job training, us to provide more help to the 45 million peo- vide a full inflation adjustment, renew all decreased access to health care in rural and ple without health care, maintain momen- ongoing research grants, and restore the other underserved areas, and a nation that is tum in biomedical research, and restore number of new grants to the FY 2003 level. less caring toward its most vulnerable chil- some of the lost purchasing power in key This would help maintain momentum in re- dren, families, and senior citizens. human services programs. For example, the search to find better treatments for diseases The decisions that have led to this un- amendment would do the following: like cancer, Parkinson’s disease, and Alz- happy situation have, in fact, already been ∑ Maintain the Healthy Communities Ac- heimer’s. made by the Republican majority members cess Program, rather than terminating it as ∑ Provide $50 million more for child immu- who have voted for the Republican budget under the Committee bill, and add some nization, to help catch up with rising vaccine resolution and against our efforts to modify funds to make up for lost ground in pro- costs, and also add $50 million to other infec- it. This bill is the inevitable unhappy result grams like the Maternal and Child Health tious disease control efforts at CDC (includ- of those decisions. The only way to achieve Block Grant, Family Planning, and Commu- ing those aimed at HIV/AIDS, tuberculosis, a more favorable final outcome is for this nity Mental Health Block Grant. and sexually transmitted diseases). bill to move to conference with the Senate and be greatly altered to produce a more re- ∑ Avoid any cuts in health professions ∑ Add $200 million to the Low-Income sponsible result. training programs, add $20 million to the Na- Home Energy Assistance Program to help tional Health Service Corps to get more doc- keep up with rising needs. Between the 2002 DAVID OBEY. tors and dentists into underserved rural and and 2004 winter heating seasons, average STENY HOYER. inner city areas, and add $35 million to Nurse home heating costs rose 50 percent for nat- NITA LOWEY. Reinvestment Act programs to help stem the ural gas users and 54 percent for users of fuel ROSA L. DELAURO. nursing shortage by providing more scholar- oil. As energy prices rise and the economy JESSE L. JACKSON, Jr. ships for nursing students and more support remains weak, the number of households PATRICK J. KENNEDY. for nursing schools. seeking assistance is rising, but the program LUCILLE ROYBAL-ALLARD.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.021 H08PT1 H6804 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.021 H08PT1 Insert offset folio 145/12 here EH08SE04.028 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6805

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.021 H08PT1 Insert offset folio 145/13 here EH08SE04.029 H6806 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.021 H08PT1 Insert offset folio 145/14 here EH08SE04.030 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6807

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.021 H08PT1 Insert offset folio 145/15 here EH08SE04.031 H6808 CONGRESSIONAL RECORD — HOUSE September 8, 2004

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.021 H08PT1 Insert offset folio 145/16 here EH08SE04.032 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6809

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.021 H08PT1 Insert offset folio 145/17 here EH08SE04.033 H6810 CONGRESSIONAL RECORD — HOUSE September 8, 2004 Mr. Chairman, I yield 4 minutes to for additional special education fund- keeping it within the subcommittee al- the distinguished gentlewoman from ing to meet the growing demands, the location and the limits of the budget New York (Mrs. LOWEY), a member of bill falls $2.5 billion below the Repub- resolution, and I think the chairman is the subcommittee. lican promise made last year in the to be commended for that. b 1215 IDEA reauthorization bill. I have enormous respect for the lead- At a time when our Nation is des- ership of this subcommittee on both Mrs. LOWEY. Mr. Chairman, I rise in perate for additional nurses and sides of the aisle, certainly for the support of the fiscal year 2005 Labor- schools of nursing cannot accommo- chairman, but also for my friend on the HHS bill, and I first want to express date the increased number of appli- Democratic side who just spoke and for my appreciation to the gentleman from cants, an additional $5 million for the ranking minority member. Ohio (Chairman REGULA) and the gen- nurse education and training will help What we will hear today amounts to tleman from Wisconsin (Ranking Mem- only a fraction of the 18,000 candidates sincerely held views and what it really ber OBEY). They are men of principle, denied admission last year because comes down to, in the long run, is a dif- great fairness and determination. It is there are not enough instructors to ference in philosophy. a pleasure serving with them. teach them. I have been on this subcommittee for I also want to take a moment to con- Earlier this year this administration 10 years now, the 10 years that the Re- vey my admiration for the gentleman circulated a memorandum indicating publicans have been in the majority in from Florida (Chairman YOUNG). After that the 2006 spending cuts outlined in this Congress. And each year when this years of leading the Committee on Ap- this year’s budget will be implemented. bill comes up, the majority puts for- propriations in a fair, bipartisan man- That means huge reductions in spend- ward a bill that spends an amount of ner, my good friend is leaving the ing on health, education, and labor are money over and above the last year, chairmanship at the end of the year, and our friends on the Democratic side and while I look forward to continuing just around the corner. Mr. Chairman, in closing, I also want of the aisle object to the bill based on to work with the gentleman from Flor- to express my continued concern with the fact that they would like to spend ida (Mr. YOUNG) in the future, I want the Weldon refusal clause provision. more money and tax more. him to know how much his leadership For over 30 years, there have been Fed- When they object to the bill, Mr. will be missed. I also want to thank the staff on both eral laws that allow doctors, nurses Chairman, they will often say that it is sides of the aisle who continue to be so and hospitals to refuse to provide abor- not really the fault of the leadership of very helpful. tion services because of their religious this committee, not the fault of the My colleagues, the programs funded beliefs, as it should be. However, just chairman of the full committee or the in the Labor-HHS bill are critical, as as the law protects religious or moral subcommittee; that it is the under- we heard discussed by the gentleman objections, it protects the rights of pa- lying budget we adopted earlier which from Ohio (Mr. REGULA). We provide tients, ensuring that women have ac- is at fault. What they really mean the children of working parents with cess to accurate and complete medical when they say this is that they wish a safe places to go after school. We lead information when making decisions budget had been adopted so that taxes the world in biomedical research. We about their own health. The Weldon could be higher and that Federal spend- recruit young professionals into nurs- provision would unravel these protec- ing could be higher, and indeed, that is ing, a profession with a looming short- tions, gutting the patient protections the basic difference in philosophy on age that will affect all Americans who included in the Title X family planning the two sides of the aisle. seek health services. program, which require that all legal Beginning in 2001, when we realized We allocate resources to State and options are presented to a woman. It is we were coming into a recession, and local health departments, as well as my hope that this provision will be then certainly after 9/11 and the trag- hospitals, so they are equipped to re- stripped from the final Labor-HHS edy and the cost of that event, this ma- spond to a mass incident, for which spending bill. jority on the Republican side decided most are only modestly better prepared Mr. Speaker, although I did discuss to reduce the tax burden on Americans, than they were on September 11. some significant flaws, I will support reduce the tax burden on families with We prevent our most vulnerable from final passage, and I have said many children, reduce the tax burden on having to choose between food and times that I am truly honored to be a married couples by eliminating the heat. We help put kids through college, member of the Subcommittee on marriage penalty, reduce the tax bur- a pinnacle of the American dream. Labor, Health and Human Services, den on lower income workers and on These activities benefit every mem- Education and Related Agencies. I be- every American who pays income tax, ber of our society. However, because of lieve that we have tried to work as a and, yes, to reduce taxes on the job cre- the limited allocation provided by the team and make the most of the inad- ators. Committee on the Budget, many im- equate allocation provided to us by the What has that gotten us during this portant needs will remain underfunded. leadership. time? What it has gotten us, according For example, last year Congress did I also continue to hope that through to Chairman Greenspan’s testimony be- not fulfill its obligation to fully fund floor consideration today, Senate con- fore the Committee on the Budget just the Title I program which serves the sideration and during conference we this morning? Chairman Greenspan poorest children in America, and be- will continue to work together as a said, We are in a period of moderate to cause of that, more than half our Na- team to make additional improve- excellent economic growth and the tion’s school districts from Kansas to ments to the bill. shallowest recession in postwar his- Minnesota, North Dakota to Pennsyl- Mr. REGULA. Mr. Chairman, I yield tory. vania, Missouri to Yonkers, New York, 3 minutes to the gentleman from Mis- I would submit that this is the pro- in my district, received less Title I sissippi (Mr. WICKER), a very valued gram we need, and is why we have from one year to the next. We can ex- member of our subcommittee. adopted the budget and why we should pect similar funding cuts for schools Mr. WICKER. Mr. Chairman, as adopt the bill today. across the country in fiscal year 2005 usual, the next 2 days of debate on the Mr. OBEY. Mr. Chairman, I yield 3 because the bill falls $7.2 billion short Labor-HHS education bill will be in- minutes to the distinguished gentle- on the amount authorized under the No structive. woman from Connecticut (Ms. Child Left Behind Act. First, the basics. We will authorize in DELAURO). Despite a 26 percent tuition increase this bill spending of $142 billion plus for Ms. DELAURO. Mr. Chairman, of all in the last 2 years, the bill freezes the health, for education and for the Amer- the appropriations bill this body con- maximum Pell grant for low-income ican workers of this country in three siders every year, it is the Labor-HHS college students for the second year in major departments. This amounts to $3 and Education appropriations bill that a row and cuts Perkins loans by $99 billion more than we spent last year, best represents our Nation’s invest- million below last year’s level. Mr. Chairman, an increase in the dis- ment in the future. Education, health Even though every school adminis- cretionary spending in these 3 areas of care, medical research, job training, trator and teacher I talked to pleads 2.4 percent. At the same time, we are these are the things that bind us as a

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.031 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6811 society and play formative roles in de- the future we pass on to our children time and for his very good and hard termining the course of this country. and our children’s children. work on this bill. I thank the chairman So the choices that we make in this No appropriations bill touches the of the committee, as well, for working bill can help to expand opportunity for American family like this. I believe we against tremendous odds. generations to come, making Ameri- have a moral responsibility to do bet- There was a previous question that cans live longer, healthier, more pro- ter for the people of this country with focused on the Obey amendment that ductive lives. That is the power of this this bill than we are. could not be offered. I will call it the bill. Mr. REGULA. Mr. Chairman, for the millionaires amendment that would At a time when so many families are moment, I reserve the balance of my have helped restore some balance in faced with the rising costs of health time. paying for programs which the Amer- care and college tuitions, a sluggish Mr. OBEY. Mr. Chairman, I yield 2 ican people place particular priority economy and falling wages, this bill minutes to the distinguished gen- on. I just want to use one of those pro- has the opportunity to strengthen the tleman from Texas (Mr. GREEN). grams to vivify my concern, and the economic, health and retirement secu- Mr. GREEN of Texas. Mr. Chairman, concern, of course, comes because, un- rity for every citizen in this country I would like to thank my ranking like the Obey amendment, we are grow- for generations to come. member, also the chairman of the com- ing the deficit. The deficit is like a Unfortunately, this bill provides $9.5 mittee, for bringing this bill up today. child you do not see grow, and then one billion less than the funding promised I rise to highlight an important pro- day you say, oh, my, how you have in the No Child Left Behind Act, and gram that this bill fails to fund. The grown. By that time, of course, the def- most of the shortfall is in Title I, Congress has supported and funded the icit could bring down our economy. So which serves low-income children and Community Access Program since its it is important to do what the Obey schools with the greatest educational inception in 2000. The CAP program, amendment would have done. challenges. With an average 26 percent the Community Access Program, has What the committee has done is to tuition increase in the last 2 years at 4- provided communities with much-need- barely save, and I have come to thank year public colleges and universities, ed grant funding to provide both pre- you for saving the so-called VERB pro- this bill misses a real opportunity to ventive and primary care to their unin- gram, a program that deals with the impact families’ lives. It freezes the sured populations. most serious public health problem in Pell grant and college work study as- In communities like mine in Hous- the United States today, obesity and sistance program and cuts the Perkins ton, and literally hundreds across the overweight. All this Congress has done loan program. country, we utilize this funding to put for this problem is the so-called cheese- With a hesitant economic recovery together the necessary consortium or burger bill, the absurdity of suing that is creating too few jobs, jobs that groups to help solve our health care ac- somebody because you are too fat. But generally pay $9,000 less than the ones cess problems. For-profit, nonprofit we are leaving people to their own de- lost, we should be giving our 8 million and public health agencies coordinate vices. unemployed workers the tools that services using CAP funds. The experts say that by 2005 obesity they need to retrain for this new and Unfortunately, this bill completely and overweight will have overtaken changing economy. Instead, this bill eliminates the CAP program at a time smoking as the leading cause of death. invests $236 million less than the ad- when the level of uninsured individuals At least for our children, you have left ministration’s own request for employ- in this country has reached 44 million in the bill, instead of allowing the ad- ment and training assistance pro- and is growing. Now is not the time to ministration to kill the so-called grams, including a devastating cut of cut off access to this important pri- VERB bill, and all VERB stands for is $88 million to the Employment Service, mary and preventive health care serv- action. There has been a 42 percent in- almost 10 percent, the building block ice in our communities. crease in obesity among children in the Without this health care access, our for the Nation’s one-stop employment last 25 years. It takes $85 million to uninsured constituents tend to seek centers. keep this program going. You have put health care from our hospital emer- The shortfalls continue with appro- $65 million in this rigorously evaluated gency rooms, where costs are sky- priations for the Departments of program that is only now in year 3 of rocketing and beds are scarce. Health and Human Services in the area its 5-year period. This is truly a case where an ounce of of the National Institutes of Health. A But the rigorous evaluation shows an prevention is worth a pound of cure. few years ago, we were actually mak- increase in physical activity of at least I thank the committee for its work ing good on the commitment to double 35 percent among children. So I thank to increase funding for community that budget, but now we are barely you for saving this program and hope health centers, which received $218 mil- keeping up with inflation. What that that adults will be saved sometime in lion over the President’s request, and means is medical researchers, racing the future. that is great. for lifesaving cures to diseases like Mr. REGULA. Mr. Chairman, I con- While the Community Health Center cancer, Alzheimer’s, diabetes, find tinue to reserve the balance of my and Community Access Programs share themselves having to cut corners so time. similar missions, the Community Ac- that they can complete their research. Mr. OBEY. Mr. Chairman, I yield my- cess Program really helps coordinate NIH’s ability to continue its support self 4 minutes. the services, whereas community for clinical trials will be endangered. Mr. Chairman, this Labor, Health I was someone who was diagnosed healthcare centers are really impor- and Education bill is supposed to be with the deadliest of all gynecological tant to a growing number in our com- that portion of the budget which in- cancers, ovarian, more than 18 years munity and even need more. vests in our children, which opens the I urge our colleagues on the Com- ago. I know firsthand how this research door of opportunity for young people, mittee on Appropriations to restore can save lives. It changed and it saved which opens the door to the doctor’s of- funding for the CAP program. my life. That is the power of the NIH. Mr. OBEY. Mr. Chairman, I yield my- fice or to the hospital for people who I have said it before. For all their vir- self 10 seconds. live life on its underside and do not tues, tax cuts do not save lives. Now, Mr. Chairman, I simply want to say have access to regular health care. It is with our Nation at war, our economy that I agree with the remarks of the supposed to protect the interests of failing millions of families, we are see- gentleman from Texas, and I hope the workers. This bill falls far short on all ing the price all Americans have paid committee will listen to what he said. fronts. for these tax cuts. Child care funding is Mr. Chairman, I yield 2 minutes to This bill does nothing to help work- back to where it was 3 years ago. Home the distinguished gentlewoman from ers, to protect workers against the ef- energy assistance is budgeted where we the District of Columbia (Ms. NORTON). forts of employers to chisel on over- were 2 years ago, and Head Start, time pay. It falls billions of dollars be- which can only serve half the eligible b 1230 hind the No Child Left Behind legisla- children, is cut in real dollar terms. Ms. NORTON. Mr. Chairman, I thank tion in terms of meeting our obliga- Tax cuts are quite literally mortgaging the gentleman for yielding me this tions to support the education of our

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.034 H08PT1 H6812 CONGRESSIONAL RECORD — HOUSE September 8, 2004 children. It brings to a screeching halt issues that we are addressing in this provide a $120,000 tax cut to people the healthy expansion of after-school bill. But I think it also reflects the fact making over $1 million a year; or do we programs. It does, in so many ways, that we have a caring approach. think that we ought to use some of fall short of where we ought to be; and Mr. Chairman, I yield 1 minute to the that money to provide better oppor- it does that because the majority, as I gentleman from Florida (Mr. WELDON), tunity for education, better health care said earlier, has made a decision that a very valued member of the sub- for 45 million people that do not have its top legislative priority is ever more committee. it, and some additional protection for and always to provide very large tax Mr. WELDON of Florida. Mr. Chair- our workers in what is becoming every cuts to people who are already very man, I thank the gentleman for yield- day a more and more brutal world mar- well off. ing me this time, and I rise to con- ket? I really believe that there is no way gratulate the chairman. We have a dif- Mr. Chairman, I yield 3 minutes to to fix this bill, because this bill is the ficult budget year this year; and he has the gentlewoman from New York (Mrs. result of two past decisions. It is the managed to cobble together, I would MCCARTHY). result, as the gentleman from Ohio has have to say almost like a skilled sur- Mrs. MCCARTHY of New York. Mr. said, it is the result of the Republican geon, I may be the doctor on the com- Chairman, I appreciate the gentleman majority’s passing a budget resolution mittee, but he handled this with the from Wisconsin yielding me this time, which provides inadequate room for dexterity of a skilled surgeon, bal- and I rise in support of the Labor-HHS education, health, and worker-protec- ancing the critical issues of education, bill today. While I feel the bill falls tion programs. It is also the result of health, and research against the budget short in many areas, particularly in the second vote which occurred on this realities. education, I will support the final bill. House floor just a few weeks ago on a Mr. Chairman, we are coming out of However, I would also like to rise resolution that I offered to try to a recession. And to the gentleman of today and speak to an issue that has amend that budget resolution so that Wisconsin, I would simply say it is great personal meaning to me and has it would be a somewhat more progres- really unclear to me if we had not cut been ignored by our House leadership. sive product that we could be proud of. taxes that we would have more money While my amendments reauthorizing At this point, the only way that you in this bill. I think if we had not cut the assault weapons ban have been could help this bill is to move it on to taxes, the economy would be in a worse found nongermane, I will still be the Senate in the hopes that the Sen- slump and that we indeed would have speaking to it, because so few opportu- ate will provide better numbers so that less revenue, not more revenue. nities remain to do anything about it in conference we can provide more re- Conflicting priorities are always a before it expires on Monday. sources for education, health care, and challenge for the Congress. The gen- One week from today, I will be able worker-protection bills that are so cru- tleman from Ohio has achieved the to purchase an assault weapon from cial to the welfare of this country’s right balance. I know it is not a perfect any number of Web sites and from our population. bill, but I think this is our best shot at local gun stores, which means our I would say, Mr. Chairman, that getting this bill moving. gangs and our police officers, and I just there is only one way in the long term Mr. OBEY. Mr. Chairman, I yield my- came back from a press conference that we can fix this problem, and that self 1 minute, and I would simply say with the police chiefs and the rank- is to put a different person in the to the gentleman the issue is not and-file officers, and, unfortunately, White House and a different majority whether we should have cut taxes. Ob- many victims, all calling on our Presi- in the House of Representatives and viously, any time the economy is dent to make some calls over here to the Senate. Because what is really at underperforming, it is perfectly legiti- the House so that we can bring the bill stake in this election, in my view, as mate to cut taxes over the short term. up for a vote. someone said on the other side of the FDR invented that, and I am fully sub- A poll released this weekend by the aisle, what is really at stake is whether scribed to that Keynesian approach to National Annenberg Election Survey or not this country is going to continue economics. says two-thirds of Americans support to build a social safety net for the mid- What I do not subscribe to is the idea keeping the assault weapons bill in dle class, for the broad working class of that in the context of cutting taxes we place. And, in fact, 57 percent of gun this country, or whether we are going have to give people who make $1 mil- owners support the ban, putting to rest to say, in effect, ‘‘Sorry, but everybody lion a year a $127,000 tax cut. I think the notion the ban is somewhat a is going to be on their own. You are we could very well limit the size of threat to our second amendment. going to rely on the luck of the draw. that tax cut. That is the only tax cut Not one sportsman has missed a day If life treats you happily, you will that we have objected to and tried to in any hunting season due to the ban come out as one of life’s winners; and if change in order to finance this bill. on assault weapons. President Bush life does not treat you so happily, Mr. WELDON of Florida. Mr. Chair- says he supports the ban, but so far he sorry, but you are on your own. We man, will the gentleman yield? has been doing the talk, but he has have no obligation to help in any sig- Mr. OBEY. I yield to the gentleman given us no action on it. The ball is in nificant way.’’ from Florida. the President’s court. He needs to pick This bill does a number of things for Mr. WELDON of Florida. Mr. Chair- up the phone and put renewing the ban people, but it does not do nearly man, I know the gentleman from Wis- on to the House floor. Only President enough to meet the rising challenges consin and I have discussed this issue Bush can stay the assault weapons ban that we have. And I regret very much in the past. The reason I think that execution. that we are in that position, but there was the right economic priority is be- Almost every law enforcement agen- is not much we in the minority can do cause most of those people, at least in cy in the country supports renewing to change it except to make clear what my congressional district, are small the ban. That is all the evidence I need is happening. So I urge Members to re- businessmen and women; and they take to be convinced the ban is working. member that as we go through the bill most of those funds and pump them The most immediate challenge relating this afternoon. back into their businesses, creating to the ban expiring is our police de- Mr. Chairman, I reserve the balance jobs. Most of the job growth has been partments, who are saying they are not of my time. in the small business sector, and I ready for this to expire. It is basically Mr. REGULA. Mr. Chairman, I yield think it was the right thing to do. our police officers who are out there myself such time as I may consume to Mr. OBEY. Mr. Chairman, I yield my- protecting us against terrorists and remind my colleagues that in what is a self 1 additional minute, and I would gangs, who protect our lives every day relatively short period of 9 years, the simply say in response that a very on the front lines that will be facing total of this bill has gone from $65 bil- small portion of the people who would these assault weapons when they come lion to $143 billion. That is a dramatic be affected by our amendment are back on the streets. increase, and I think it recognizes the small businessmen. Very small portion. Since assault-style weapons do not commitment on the part of Members The fact is that this House has to make need to be aimed, are designed to be on both sides that these are important a choice. Do we think it is essential to moved back and forth in a sweeping

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.041 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6813 fashion in order to rain bullets on an Mr. BOEHNER. Mr. Chairman, let me abilities in Education Act but never area instead of a specific target, gang congratulate the gentleman from Ohio really funding it. Over the last 10 violence will become more reckless, (Mr. REGULA), the gentleman from Wis- years, we have increased funding from with many more innocent bystanders consin (Mr. OBEY), and the other mem- $2.3 billion to this year $11.1 billion. caught in crossfires. bers of the Committee on Appropria- That is a 378 percent increase in help Police departments will have to re- tions for a job well done on what is a for those students with special needs. outfit their squad cars, purchase new very large bill and a very difficult bill. I believe that the money we are bulletproof vests, and make other ex- There has been much said today spending to help our special-needs stu- pensive preparations for the ban’s expi- about education, and the good news is dents and our disadvantaged students ration. No Child Left Behind is working and is money well spent because if we real- Many currently banned weapons have working very well. As we see the pre- ly truly believe no child should be left multiple-capacity clips, holding up to liminary results coming in from behind, the Federal Government has to 30 rounds of ammunition. Many State around the country, we are seeing in- do its share. laws, including my State of New York, creased test scores in both reading and I am here to say that I believe the limit our hunters to six rounds in a math, especially for our most disadvan- Federal Government is doing its share. clip. Deer are given a better chance of taged children. If we look at where the We have had our increases over the last surviving than our police officers. Federal education dollars go, by and 4 years, we have kept our commit- With the Bush budget intent on large, they are aimed at those very ments to our Nation’s students. I would slashing grants to local police depart- children, those disadvantaged children ask all of my colleagues today to stand ments and its reluctance to push for who need that extra help to have a up and support these numbers and sup- extending the ban, the administration chance at a good education. port our bill. is depriving our police officers of the But while the news is good from No Mr. OBEY. Mr. Chairman, I yield my- support that we need. Child Left Behind and test scores are self 3 minutes. Mr. REGULA. Mr. Chairman, how going up, there has been this chorus of Mr. Chairman, I would simply like to much time do we have remaining? criticism from some of my colleagues say that I react to the gentleman’s The CHAIRMAN. The gentleman about the fact that it is underfunded numbers with a touch of humor be- from Ohio (Mr. REGULA) has 51⁄2 min- and we are not spending enough. It is cause the argument he makes is simi- utes remaining, and the gentleman easy to stand here in the well of the lar to the child who kills his parents from Wisconsin (Mr. OBEY) has 91⁄2 min- House and talk about how the glass is and then throws himself on the mercy utes remaining. Mr. REGULA. Mr. Chairman, I yield half empty, but I am here to suggest it of the court because he is an orphan. 1 minute to the gentlewoman from is almost full. The fact is if you look at the historical If we look at this bill, there is a $2 record over the last 10 years, if the Texas (Ms. GRANGER), a great member billion increase in overall education of our subcommittee. House Republican majority had had its Ms. GRANGER. Mr. Chairman, I rise funding in this bill, bringing the total way, we would have appropriated about in strong support of this bill. It has amount for education spending to the $20 billion less for education over the some very important programs in it. Department to $57.7 billion. Now that last 10 years than the Congress wound Specifically, one that I have been in- means in President Bush’s first term in up appropriating. The House Repub- volved in is the provision of a $2 billion office, in just 4 years, the Department licans had to be led kicking and increase from fiscal year 2004 for the of Education’s overall funding will screaming into supporting the in- Department of Education to continue have increased by $15.5 billion. If we creases which he now tries to claim support for effective reading programs look back over the 9.5 years Repub- credit for. and better technology in the class- licans have been in control of Congress, I would point out this is the same Re- room. we see education funding has sky- publican majority which tried 10 years Mr. Chairman, I have been to the rocketed by some $23 billion. That is an ago to abolish the Department of Edu- schools in my district that have used increase of more than 150 percent under cation and tried to make savage cuts in this technology, and as a former teach- the Republican Congress. Much of this education 3 years in a row before they er I can tell you that it strengthens increase in spending can be attributed finally got religion. what a teacher is able to do, particu- to those programs in No Child Left Be- I would also point out that in Presi- larly with students with problems. The hind. dent Bush’s first year, it was the other thing it provides that is very im- The most significant program the Democrats who led the effort to add $4 portant, I think, is the VERB program. Federal Government operates to help billion to the President’s education The VERB program came to my dis- disadvantaged children under No Child budget, and I am happy to say we fi- trict this summer and addresses the se- Left Behind is title I. Again this year nally persuaded the Republican major- rious health dilemma facing our young we see another $1 billion increase in ity to agree with our request. people, and that is the rise of obesity. Title I, about 8 percent over last year’s If the House Republicans had had level. If we look at what has happened their way, $3.4 billion less would have b 1245 over the 4 years that the President has been spent on education of the poorest It is a very successful program which been in office, we will see these mas- children in America than was actually encourages children to be more phys- sive increases. But we can go back all appropriated, and 1 million low-income ically active. They sent a truck out to of the way to the 10 years Republicans children would have been eliminated Six Flags Over Texas, and I met the have been in Congress, and see that we from the Title I program; $3.1 billion children there. They were able to pick have increased spending for Title I for less would have been spent on the edu- out the verb that they wanted to use disadvantaged children by some 96 per- cation of children with disabilities that was fun, whether it was basket- cent. And the funding increases in just than was actually appropriated if the ball, dancing, skateboarding, running. the first 2 years of President Bush’s House Republican majority had its They put excitement in exercise, and term in office far outstrip the 8 years way; $524 million less would have been that is how VERB is working, and that of the previous administration. Title I spent on safe and nurturing places for is how VERB has contributed to a 34 increases are continuing. That is our children in the after-school hours than percent rise in free time of physical ac- commitment to helping the disadvan- was actually appropriated if the House tivity of 9 and 10 years old in a target taged students in our society get the Republican majority had its way; and area. I approve this, and I certainly ap- kind of education they all deserve. the maximum Pell grant would have preciate the work on the bill. Then we have special education. been smaller in 5 of the last 10 years Mr. REGULA. Mr. Chairman, I yield When Republicans took control of Con- than the level actually approved, again 4 minutes to the gentleman from Ohio gress in 1994, we were spending $2.3 bil- if the House Republican majority had (Mr. BOEHNER), the chairman of the lion a year to help special ed students its way. Committee on Education and the around the country. This is 20 years So I guess I am willing to accept the Workforce and a great colleague from after a Supreme Court case and Con- fact that the Republicans now want to Ohio. gress passing the Individuals with Dis- borrow the money that we succeeded in

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.046 H08PT1 H6814 CONGRESSIONAL RECORD — HOUSE September 8, 2004 putting into the education budget and tion. It is a political document, not a notwithstanding the fact that we think borrow it so they can make on their fiscal document. It was made for the it works. Ryan White HIV/AIDS pro- own competing claims the education purposes of making political points, grams are largely frozen. The max- budget. I do not much care as long as not for investing in our people. It aban- imum Pell grant is frozen. And the De- we’ve got the money. dons fiscal discipline and makes cru- partment of Labor is slated for an over- With that, Mr. Chairman, I urge cial investments in the American peo- all cut of $98 million. Members to find every opportunity pos- ple virtually impossible. My friends, this bill is insufficient. It sible to support more resources in this One would think that, because the may well be better than a continuing bill for education, health care, and Republicans have been in charge and resolution, but it is insufficient to worker protection. they have proposed not spending appro- meet our obligations and responsibil- Mr. OBEY. Mr. Chairman, I yield the priate funds even though they say they ities. How sad it is that we pass the balance of my time to the gentleman are going to, that we would have saved people’s bill with insufficient resources from Maryland (Mr. HOYER), the distin- a lot of dollars. But in point of fact, as to meet the people’s needs. guished minority whip. the whole country knows, we have been Mr. REGULA. Mr. Chairman, I yield (Mr. HOYER asked and was given going deeply into debt over the last 40 myself the balance of my time. One permission to revise and extend his re- months. In fact, the President’s accept- comment I would like to make, we are marks.) ance speech in New York says he wants talking about a lot of programs here Mr. HOYER. Mr. Chairman, I thank fiscal restraint, but he has led this and an effort to improve education, but the distinguished ranking member for country, along with the Republican the bottom line is that the real work is yielding me this time. majority in this House and this Senate, done in the classroom. I just want to I start by reiterating the observation from a $5.6 trillion surplus to a $3 tril- pay tribute to the teachers of America. that the ranking member, the gen- lion to $4 trillion deficit in 40 months. I think we are so fortunate to have the tleman from Wisconsin (Mr. OBEY), has That is almost a $10 trillion turn- dedicated people that are in the class- made. It is very nice to get up and say around from fiscal responsibility to fis- room. I have met many of them, as with a chart, this is what we have cal irresponsibility in less than 4 years. have you. As I said earlier, when I ask spent. Those figures are undoubtedly Despite the rhetoric coming from the at a meeting, how many of you had a accurate. What is not accurate, as the other side of the aisle, the inescapable teacher that impacted your life, every gentleman from Wisconsin (Mr. OBEY) fact is that this bill underfunds the bi- hand in the room goes up. so correctly pointed out, was that partisan No Child Left Behind Act by So what our job is, with programs, those were not the figures that the Re- at least $9.5 billion this year. That is in provide support for those people that publican House budget proposed in the authorization bill, they imposed a are out there and are dedicating their years past. In point of fact, when they mandate on the States. I supported efforts and their lives to young people talk about the 10-year period of time, that bill. We want accountability, we of this Nation, and we should say a big the fight almost every year between want performance, we want quality thank you to all of them. the Clinton administration and the Re- education for every one of our children. Mrs. CHRISTENSEN. Mr. Chairman, I join publican House and sometimes Senate We said we are going to require you to my colleagues today in opposition to H.R. was that we had not put in sufficient do certain things, States, but we are 5006, the LHHS appropriation bill. We know funds to meet our obligations as it re- going to give you resources to help you that Congress has many priorities to consider lates to education, Title I and other accomplish those objectives. We are during this fiscal year. And we implore Con- educational objectives. Invariably, the $9.5 billion short in that promise, and gress to make eliminating health and President got his way. So, yes, the fig- $25 billion short over the last 3 years, healthcare disparities top priorities. This HHS ures are higher, but they are not higher short from what the President, in sign- bill, unfortunately, does not contain such in- because the Republican Committee on ing the authorization bill, said we were vestment in the health and welfare of Ameri- the Budget proposed them as such. going to do. cans nor does it demonstrate unwavering Mr. Chairman, this bill, in my opin- Unfortunately, we are falling behind commitment to well-being of our citizens, in- ion, fails to meet the crucial priorities in other areas as well. At a time when cluding those most in need. With this bill, it is that the citizens of this great Nation this Congress and this administration clear that the Republicans do not see Amer- expect and deserve in education, in proudly tout the doubling of National ica’s greatest asset is its people, and refuse to health care, in medical research, and in Institutes of Health just a few years invest in making its people as strong and many other areas, including the pro- ago, NIH today only gets the Presi- healthy as possible. motion of the quality and safety of dent’s request level. This represents Let me say at the outset, Mr. Chairman, that work in America. the smallest increase in NIH funding in this great country of ours ranks at the bottom But as I have said before, this is not 19 years. As all of our citizens know, of all of the industrialized countries of the the fault, and I reiterate, not the fault NIH is charged with the responsibility world with regard to the quality of our health of the subcommittee chairman, the of finding a cure for cancer, making care system, we are not where we should be gentleman from Ohio (Mr. REGULA). heart disease less fatal, finding a cure given our resources in infant mortality, HIV/ The gentleman from Ohio (Mr. REGULA) for diabetes, seeing if we can find how AIDS, immunization, substance abuse and neither sits on the Budget Committee, to prevent Alzheimer’s disease, and re- many of the major diseases. In most cases nor, in my opinion, was he very enthu- sponding to the AIDS crisis in this the reason is because more than one third of siastic about the Committee on the country and around the world. our population remains outside of the Budget’s product. And it is certainly healthcare mainstream. not the fault of the gentleman from b 1300 Today almost 45 million Americans are un- Florida (Mr. YOUNG). As a matter of We are short-funding those critical insured, of which 50 percent are minorities: 18 fact, earlier this year the gentleman efforts that afflict and threaten our percent of the total elderly population has no from Florida (Mr. YOUNG) made the people. Moreover, it is simply not coverage at all; 1 out of 6 Americans does not correct observation that the budget enough to keep up with the medical in- have health insurance; more than 100,000 was not real, and the numbers pro- flation and will force NIH to lose mo- people lose their health insurance every day; jected in the budget were insufficient mentum on the scientific progress they and an astounding 23 percent of African to meet the obligations of the Com- gained from the doubling that Repub- Americans have no insurance at all. mittee on Appropriations to provide for licans and Democrats all so proudly Our health care system in this country is the needs of the American people. That talked about. currently in peril. It is falling short on promise was the chairman of our committee In addition, Head Start, a program and contributing to the disabling illness and speaking. that Ronald Reagan said was a success, premature death of the people it is supposed Instead, this bill’s deficiencies have George Bush I said it was a success, to serve. The picture is the worst for African been caused by the Republican major- and Bill Clinton clearly said it was a Americans who for almost every illness are ity’s irresponsible and unrealistic success, is cut by $45 million below the impacted most severely and disproportion- budget resolution for fiscal year 2005. President’s request. Thousands of chil- ately—in some cases more than all other mi- This is not an unusual budget resolu- dren will have no seat in Head Start, norities combined. Every day in this country

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 9920 E:\CR\FM\K08SE7.048 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6815 there are at least 200 African American We can only ensure that quality health care tive response to minority health and health deaths, which could have been prevented. will be within the reach of future generations disparities. Today we know that must of it happens be- if we make a major investment in prevention One hundred twenty million dollars for the cause even when we have access to care, the and increasing access to care now. Racial and Ethnic Approaches to Community medical evaluations and treatments that are On March 20, 2002, the Institute of Medi- Health (REACH), National Center for Chronic made available to everyone else are denied to cine (IOM) released a landmark report entitled: Disease Prevention and Health Promotion, us—not only in the private sector but in the Unequal Treatment: Confronting Racial and CDC. public system as well. Ethnic Disparities in Health Care which was The REACH program is a cornerstone CDC What I am here to try to do today is to leave requested by Congressman JACKSON. Among initiative aimed at helping to eliminate dispari- you with one indelible message: that there are other key findings, the report documented that ties in health status experienced by ethnic mi- gross inequities in healthcare which cause minorities in the United States receive fewer nority populations in cardiovascular disease, hundreds of preventable deaths in the African life-prolonging cardiac medications and sur- immunizations, breast and cervical cancer American community every day and which geries, are less likely to receive dialysis and screening and management, diabetes, HIV/ tear at families, drain the lifeblood of our com- kidney transplants, and are less likely to re- AIDS and infant mortality. The increase is munities, and breed an escalating and rever- ceive adequate treatment for pain. Its first and needed to fund additional Phase I planning berating cycle of despair which this sub- most telling finding states that ‘‘racial and eth- grants, Phase II implementation and evalua- committee has the power to end this today if nic disparities in healthcare exist and, because tion grants, expand and enhance technical as- it has the will to do so. they are associated with worse outcomes in sistance and training, and apply lessons The choice if it can be considered that, is ei- many cases, are unacceptable.’’ learned. REACH received 211 applications in ther to write off human beings—our brothers And so I urge the committee to give serious its first year, but it only had enough funding to and sisters—who make up this segment of our and favorable consideration to our funding re- make 31 awards, leaving a very large number population, or to make the requisite invest- quests. Because of time limitations, let me of meritorious projects unfunded. REACH ment in fixing an inadequate, discriminating, focus on just a few areas contained in the re- must have the resources necessary to cap- dysfunctional health care system. quest: italize on the strengths that national/multi-geo- The current strongly held-to ‘‘cost-contain- Sixty-six million dollars for the Office of Mi- graphical minority organizations can provide ment’’ paradigm, while it sounds good on the nority Health, OS, DHHS. the initiative. surface, has obviously not worked. We now As the Department of Health and Human Three hundred million dollars for the Agency have double digit increases in premiums in an Services’ (DHHS) lead office for improving the for Healthcare Research and Quality (AHRQ). industry that was to rein in its costs. What it health status of racial and ethnic minorities, At a hearing before the Criminal Justice did instead was create a multi-tiered system of the Office of Minority Health (OMH) conducts Subcommittee of the Government Reform care, both within managed care and without. and supports health promotion and disease Committee on May 21, 2002, AHRQ Acting Di- Those at the lowest rungs of the system got prevention programs and activities designed to rector Dr. Carolyn Clancy described the initia- sicker, the sicker, i.e. more costly, were and help reduce the high rates of death and dis- tives undertaken by her agency to attack still are being dropped, and those who were ease in communities of color. OMH also health disparities. One of the most important the sickest were and remain locked out en- serves as one of the focal points for the De- of these is the EXCEED program, which funds tirely. So not only are health care costs con- partment’s initiative to eliminate health dispari- Centers of Excellence to eliminate health dis- tinuing to escalate, the overall health picture in ties. By increasing funding to $20.9 million, parities in nine cities throughout the country. this country is worse than ever. this office will be able to expand OMH’s elimi- These include efforts to address diabetes care What we now have is a system, which con- nation of health programs in prevention, re- for Native Americans, health disparities in can- tinues the failed paradigm in which African search, education and outreach, capacity cer among rural African American adults, and Americans and other people of color who be- building, and the development of community premature birth in ethnically diverse commu- cause they have long been denied access to infrastructure. The increased funding is also nities in Harlem, New York. According to Dr. quality health care, now experience the very needed to fund the State Partnership Initiative Clancy, ‘‘EXCEED encouraged the formation worst health status. Not doing what is needed Grant Program; Cultural and Linguistic Best of new research relationships as well as build- to change this is to threaten the health of not Practices Studies; State Health Data Manage- ing on existing partnerships between research- just African Americans and other people of ment; Community Programs to Improve Minor- ers, professional organizations, and commu- color but every other person in this country, ity Health Grants; Center for Linguistic and nity-based organizations instrumental in help- especially at a time when we live under the Cultural Competence in Health Care; Elimi- ing to influence change in local communities.’’ cloud of possible bioterrorism. nating Obstacles to Participating in Govern- The EXCEED program exemplifies the type Controlling the cost of health care, which ment Programs; Technical Assistance to Com- of initiative recommended by the IOM report, can only be done in the long term, will never munity Health Program; and Community- which urged ‘‘further research to identify be achieved without a major investment in Based Organization Partnership Prevention sources of racial and ethnic disparities and as- prevention, and leveling the health care play- Centers. sess promising intervention strategies’’ (Rec- ing field for all Americans through fully funding Two hundred twenty-five million dollars for ommendation 8–1). Yet the Administration’s a health care system that provides equal ac- the National Center for Minority Health and 2003 budget would curtail these efforts. In the cess to quality, comprehensive health care to Health Disparities (NCMHD), NIH. budget, total AHRQ funding falls from $300 everyone legally in this country, regardless of Funding is needed to develop and imple- million in 2002 to $251 million in 2003. About color, ethnicity or language. ment programs necessary to further address $192 million of the AHRQ budget is protected The funding requests I am outlining today minority health and health disparities and to from the cutbacks, meaning that $49 million are the bare minimum to ensure that our chil- help improve the infrastructure associated with must be trimmed from the remaining $108 mil- dren have the opportunity for good health, that this research and outreach. In addition, the lion of spending, a 46 percent cut. The EX- there are health care professionals who can loan repayment payment must be expanded to CEED program and other research grants to bridge the race, ethnicity and language gaps include master degree graduates from schools study and reduce health disparities fall into to bring wellness within reach of our now sick of public health and public health programs to this vulnerable $108 million. and dying communities, that states and com- ensure that efforts to build and disseminate re- Increase of $14 million for the U.S. DHHS munities will receive the help to fill the gaps search-based health information are intensi- Office of Civil Rights (OCR) and a reworking and repair the deficiencies of access and serv- fied. As required, the Center is currently devel- of authorization language to tie it to disparity ices, and which will enable the affected com- oping a strategic plan to guide the Center’s ef- work U.S. DHHS Office of Civil Rights to en- munities themselves to take ownership of the forts. To be effective, the plan must include force civil rights laws. problems as well as the solutions to their in- and reflect the direct input of the NIH institutes Enforcement of regulation and statute is a creasing healthcare crisis—a crisis that threat- and centers; consumer advocacy groups; the basic component of a comprehensive strategy ens the health and security of all Americans. public; researchers; professional and scientific to address racial and ethnic disparities in Yet this bill fails to even meet this baseline ob- organizations; behavioral and public health or- healthcare, but it has been relegated to low- ligation. ganizations; health care providers; academic priority status. The U.S. DHHS Office of Civil If we have learned nothing in the last 10 institutions; and industry. The resulting plan is Rights (OCR) is charged with enforcing sev- years, we should have learned that cost con- needed to serve as a fundamental blueprint eral relevant federal statutes and regulations tainment strategies in our unequal system of for the Center’s activities, as well as a vehicle that prohibit discrimination in healthcare (prin- care can never bring down healthcare costs. for helping to ensure a coordinated and effec- cipally Title VI of the 1964 Civil Rights Act),

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 9920 E:\CR\FM\A08SE7.011 H08PT1 H6816 CONGRESSIONAL RECORD — HOUSE September 8, 2004 but the agency suffers from insufficient re- quested that the sum of $50 million be made the long term the underpinnings of our com- sources to investigate complaints of possible available to the secretary for territorial hos- munities are also strengthened. violations, and has long abandoned proactive, pitals and health departments to close some There is a critical part of the Minority HIV/ investigative strategies. of their critical health care gaps and repair in- AIDS initiative request, which does not involve Despite an increasing number of complaints frastructure deficiencies. I repeat this request money. It is one of language. in recent years, funding for OCR remained again for this year’s appropriation. Mr. Chairman, the intent of the MAHI is to constant in actual dollars from fiscal year 1981 Because of the Medicaid cap, and a match ensure that its funds, which are only a small to fiscal year 2003, resulting in a 60 percent that is not indexed for average income level, part of overall HIV/AIDS funding, are used to decline in funding after adjusting for inflation. both which are Congressionally set, we are build capacity within African American and The decrease has severely and negatively af- unable to cover individuals at 100 percent of other communities of color which are the ones fected OCR’s ability to conduct civil rights en- poverty—for the Virgin Islands it is closer to now being disproportionately impacted. The forcement strategies, such as on-site com- 30 percent below that income level. Under the current of the language initiative has not main- plaint investigations, compliance reviews, and cap, spending per recipient is at best one-fifth tained that focus. We are therefore requesting local community outreach and education. Pro- of the national average. that the original FY 1999 language be restored viding a substantial increasing in funding for Our hospitals are struggling, because the or be mirrored, in your 2005 bill, with the fol- the Office of Civil Rights is necessary for OCR cap prevents them from collecting full pay- lowing change which I believe meets the con- to resume the practice of periodic, proactive ments for the services they provide, and they cerns of the Department with regard to dis- investigation, both to collect data on the extent are also unable to collect Disproportionate crimination, while empowering our commu- of civil rights violations and to provide a deter- Share payments, despite the fact that about nities which is the only way we can effectively rent to would-be lawbreakers. 60 percent of their inpatients are below the control this and the other diseases which cre- Increased funding for Initiatives for Health poverty level. About one-third of these qualify ate the disparities. Professions Training: (1) $40 million for the for Medicaid, which as I indicated before, The cost in dollars today will be significant, Health Careers Opportunity Program ($5.2 mil- never fully reimburses them. The rest of their but the cost in lives and to our economy in the lion increase); (2) $40 million Minority Centers patients have no coverage whatsoever. future are risks that we must not take. There is no question that health disparities of Excellence ($7.4 million increase); (3) $52 Long-term care is limited, and thus unavail- are deeply rooted in our medical system and million for Scholarships for Disadvantaged able to persons and their families who need it, in our culture. Eliminating them is going to Students ($5.8 million increase); and (4) $3 not because the rooms are not there, but be- take a lot more than one leadership summit or million for Faculty Loan Repayment and Fac- cause we do not have enough Medicaid dol- one media campaign. It will take a long-term ulty Fellowships ($1.67 million increase). lars to pay for them, even though the federal commitment. It will take a long-term invest- Diversity in the health professions offers nu- funds are matched 2 to 1 by local dollars—far ment. merous benefits, including ‘‘increasing the pro- above our requirement. While many states are Dr. Martin Luther King, Jr. once said, ‘‘Of all portion of under represented U.S. racial and covering women and their minor children well the forms of inequality, injustice in health care ethnic minorities among health professionals’’. above the 100 percent of poverty, we cannot is the most shocking and inhumane.’’ We have (IOM Report). Such efforts were supported by even come close. a moral obligation to end injustice in health HHS in the past, but now are threatened with Along with my fellow representatives from care and health disparities among Americans. extinction. Guam, American Samoa and Puerto Rico, I I urge my colleagues to support this request. The spring 1999 issue of the HHS Office of have introduced bills to both remove the Med- On behalf of the Congressional Black Cau- Minority Health’s newsletter Closing the Gaps icaid Cap as well as, for the first time, provide cus, I urge a ‘‘no’’ vote on the rule and the un- focused on the theme of ‘‘Putting the Right for the creation of a Disproportionate Share derlying bill. People in the Right Places.’’ The newsletter payment to our hospitals. Ms. JACKSON-LEE of Texas. Mr. Chair- highlighted the startling under representation Our final request, Mr. Chairman, once again man, a number of my colleagues have stood of ethnic and minority groups within the health deals with the Minority HIV/AIDS Initiative. We up today to speak out against various parts of professions and stressed the important role of are here today once again to request funding the Labor, Health and Human Services and three programs: (1) the Health Careers Oppor- for the full amount of our request for the MAHI Education appropriations bill. I recognize that tunity Program, which trains more than 6,000 in the amount of $610 million. While our re- through our positions as legislators, we have high school and undergraduate students each view of the current programs demonstrates the the ability to create programs and new initia- year and is associated with acceptance rates need for increased funding, in light of our tives that can benefit our constituents and our to health professional schools that are 20 per- other requests which all have the potential to country. It is within the scope of our job to de- cent higher than the national average; (2) the impact this epidemic to some degree, and the bate which programs deserve particular fund- Minority Faculty Fellowships Program, which budgetary constraints of our government we ing. Appropriations bills are Congress’ vehicle addresses the problem that ‘‘just four percent are requesting a need-based increase over of funding the public, not for creating limita- of faculty at U.S. health profession schools are our 2002 request of $70 million. We strongly tions and barriers for their basic rights af- minorities’’; and (3) the Centers of Excellence believe that the $610 million request is abso- forded by the constitution. Program, which works with Historically Black lutely necessary if we are to have any success Within this appropriation bill is a provision Colleges and Universities and Hispanic Serv- whatsoever in stemming the tide of this epi- that effectively prohibits a federal agency or ing Health Professions Schools to ‘‘recruit and demic which continues to ravage our commu- program, or State or local government, from retrain minority faculty and students, carry out nities. enforcing any abortion-related laws or regula- research specific to racial and ethnic minori- Once again, the purpose of the special and tions as they apply to health care entities. ties, provide culturally appropriate clinical edu- targeted funding is to provide technical assist- ‘‘Healthcare entity’’ is defined to include indi- cation, and develop curricula and information ance and to increase the capacity of our own vidual physicians or other health care profes- resources that respond to the needs of minori- communities to administer programs aimed at sionals, hospitals, provider-sponsored organi- ties.’’ prevention and treatment, and to bolster or zations, HMOs, insurance plans, or ‘‘any kind Unfortunately, the very same programs build the infrastructure needed to make all life of health care facility, organization, or plan.’’ highlighted by HHS in 1999 as successful saving measures accessible. This ‘‘refusal clause’’ permits a broad range of have disappeared from the President’s 2004 The Minority HIV/AIDS request is not meant individuals and institutions—including hos- budget. In fact, all of these programs received to be the total funding for communities of color pitals, hospital employees, health care pro- zero funding or are scheduled for elimination. but should be utilized in such a way to better viders, employers, and insurers—to refuse to To insure that no one is denied necessary enable our communities, that are hard to provide, pay, counsel or even issue referrals health care because of race, ethnicity or lan- reach and out of the mainstream, to access for medical treatment based on their moral or guage, they must have the tools to do their the $8 billion plus that is available for HIV and religious views. job. Bringing equity into our healthcare system AIDS. Refusal clauses affect a broad range of re- demands a funding increase for this office. It is also important to point out that as seri- productive services, including: information and Fifty million dollars for Territorial Hospitals ous an issue as it is, HIV and AIDS is just one referrals for family planning, genetic coun- and Health Departments. symptom of all that is wrong in our commu- seling, infertility treatment, rape treatment, Mr. Chairman, years of Medicaid caps have nities, many of which come under the purview sterilization, STD and HIV testing and treat- and continue to create a crisis in the of this subcommittee. This funding will not only ment and abortion. healthcare systems in the offshore territories. be successful in the fight against long term Doctors and health care providers have a To address and resolve this, last year I re- HIV and AIDS but also in all other areas, if in duty to ensure that women receive accurate

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4634 Sfmt 9920 E:\CR\FM\A08SE7.012 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6817 information and appropriate care. Failure to crease educational programs on Lupus for This is reasonable federal policy and one provide this care—even for religious, political health care providers and for the general pub- that was overwhelmingly approved by this very or ideological reasons—jeopardizes women’s lic. I believe that this will help to facilitate the body by a vote of 229–189. health and violates bedrock principles of med- diagnosis of lupus today—particularly among The policy simply states that health care en- ical ethics. susceptible populations. Second, I am pro- tities should not be forced to provide elective OBEY OVERTIME AMENDMENT posing to transfer $2,500,000 to the Centers abortion—a practice to which a majority of I would like to join many of my Democratic for Disease Control to expand the operation of health care providers object and which they colleagues in supporting Mr. OBEY’s amend- the National Lupus Patient Registry. There are will not perform as a matter of conscience. ment to restore overtime protection to the mil- presently four pilot registry programs operating But while 45 States and the Federal Gov- lions of workers who will otherwise lose it if in Michigan and in Georgia. These pilot pro- ernment protect the right of health care pro- the Bush administration regulation that went grams have been a good start, but additional vider to decline involvement in abortion, abor- into effect on August 23 is allowed to remain data is needed to distinguish between environ- tion advocates are working to abolish these in effect. mental and other factors that cause Lupus. legal protections. Abortion advocates have launched a cam- Workers who are likely to see their pay cut Mr. Chairman, I urge my colleagues to sup- paign to force hospitals and other health care include 2.3 million ‘‘team’’ leaders; almost 2 port the two Jackson-Lee amendments. I hope entities to provide, refer, and pay for abor- million low-level supervisors; hundreds of that the deficiencies that relate to the treat- thousands of loan officers and other financial tions. ment of hepatitis C and lupus can be ad- They argue that the term ‘‘health care enti- service employees; more than 1 million em- dressed in conference. ty’’ only covers individuals and not institutions. ployees who lack college or graduate degrees Mrs. CHRISTENSEN. Mr. Chairman, I rise They have also argued that because an entity or who may not be considered ‘‘artistic’’ pro- to urge my colleague to oppose the previous receives Federal funds they are required to fessionals; 90,000 computer employees, fu- question on H.R. 5006, the FY 2005 Labor- provide abortions. By twisting the law they neral directors and embalmers; and more than HHS-Education Appropriations bill in order that have successfully used the courts and State 30,000 nursery school and Head Start teach- we could get an opportunity to debate an and local governments to violate the objec- ers across the country. amendment by Ranking Member OBEY which tions to abortions of health care entities and Those families that lose overtime protection the majority on the Rules Committee refused providers. will find they will have to work longer hours for to make in order. The Obey amendment would This is why we need to strengthen Federal significantly less money. Overtime accounted add $7.4 billion to the GOP bill, paid for by re- protections against discrimination based on for approximately a quarter of the income, ducing the average tax cut for millionaires in objections to abortion. more than $8,000 a year, for families who FY 2005 from $127,000 to $89,000. The right of conscience is fundamental to earned overtime in 2000. As the pool of work- As a physician and the chair of the Con- our American freedoms. We should guarantee ers who are exempt from overtime is ex- gressional Black Caucus’ Health Braintrust, I this freedom by protecting all health care pro- panded, those workers who are not directly af- am particularly supportive of the amendment’s viders from being required to perform, refer, or fected by the regulation will lose income as proposed to add additional funds for health pay for elective abortions. their opportunity to be able to work overtime is care. The amendment would increase health I urge my colleagues to support the lan- diminished. care and funding by $1.1 billion, including pro- guage in the bill and support its passage. The Bush administration has justified the viding $500 million for critical investments in Mr. GOODLATTE. Mr. Chairman, I rise regulation on the basis of a proposed clarifica- medical research at NIH; providing $333 mil- today to show my support for the Community tion of the rules and limitation on litigation; lion for maintaining access to health care, in- Services Block Grant, CSBG. CSBG funds the however, virtually every observer of the regu- cluding restoring the Community Acess Pro- anti-poverty community action agencies and lation has acknowledged that the regulations gram for the Uninsured, eliminated by the Re- family self-sufficiency efforts of a nationwide will incorporate vague new terms, that provi- publican bill, increasing funding for rural network of 1,100 community agencies. These sions of the regulation are confusing and con- health, and increasing funding for the Maternal organizations create, coordinate, and deliver flicting, and that the regulation will engender and Child Health Block Grant and Healthy comprehensive programs and services to as substantial litigation for years to come. Start; and providing $100 million for childhood many as 27 percent of all people living in pov- I will offer two amendments to this legisla- immunization and infectious disease pro- erty in the United States. tion that would address the horrific effects of grams. Total Action Against Poverty is a community hepatitis C and lupus—the silent killer. Conversely, the majority bill shortchanges action agency whose service area includes The purpose of the Jackson-Lee amend- Virginia’s Sixth Congressional District, which I ment relating to hepatitis C is to increase the health care programs in some critical ways. It cuts rural health care activities by 21 percent represent. This agency offers more than 31 research activities at the Centers for Disease programs in housing, education, employment, Control for patients who are particularly at risk from FY 2004. It cuts helath care professions trading by 8 percent. It cuts public and pre- training, rehabilitation, community develop- for the disease or resistant to conventional ment, neighborhood organization, child care, treatments—African-Americans, children and ventative health activities by 18 percent. And it only provides a piddling 4.6 percent increase and family development. adolescents, renal dialysis patients, HIV/HCV The Community Services Block Grant pro- in HIV/AIDS programs for the second year in positive patients, and patients with hemophilia. vides flexible funding that enables community a row. Because hepatitis C is a communicable dis- action agencies to pursue comprehensive, in- My colleagues the majority bill clearly dem- ease, I believe this is an important step in get- novative approaches to help low-income onstrates that their rhetoric about supporting ting this public health issue under control. Americans achieve self-sufficiency. Back in June of this year, I joined the ‘‘Hep- the middle class and families are not reflected The demand for community action agencies’ atitis C Movement for Awareness’’ to call for a in the legislation they propose. Democrats on services among impoverished individuals and more aggressive, and better informed, national the other hand have consistently fought on be- families has not abated and, in fact, continues approach to the hepatitis C epidemic in the half of programs that would strengthen the to grow. United States. Hepatitis C infects 300 million middle class and families. Demand for core emergency CAA services, people worldwide, including over 5.8 million I urge my colleagues to defeat the previous including food banks, clothing, emergency Americans. Only 20 percent of those infected question and support the Obey substitute. shelter, and utility assistance, continues to in- know they are infected, and scientists are still Mr. WELDON of Florida. Mr. Chairman, I crease dramatically. unsure how the virus is spread, or who is rise to support this legislation. One of Total Action Against Poverty’s pro- most likely to be infected. This deadly epi- Mr. Speaker an important and necessary grams offers a diverse array of education and demic cannot be ignored any longer. We need provision is included in the bill that is intended training programs for low-income, unem- action. I commend the Hepatitis C Movement to protect health care entities from discrimina- ployed, and underemployed adults residing in for Awareness for its tenacity and energy in tion because they choose not to provide abor- the Roanoke Valley Alleghany Regional Plan- galvanizing in Washington to make its case for tion services. ning District. The centerpiece of this initiative change. The amendment, adopted during full com- is the Center for Employment Training, CET, The second of my amendments relates to mittee consideration, is intended to protect the which provides individualized training tailored addressing the silent killer, lupus. The purpose decisions of physicians, nurses, clinics, hos- to enhance competitiveness in the local work- of this amendment is twofold. First the amend- pitals, medical centers, and even health insur- force. Local businesses help develop training ment transfers $1,500,000 to the account of ance providers from being forced by the gov- and curricula, and facilitate the hiring of CET NIH’s National Center on Minority Health to in- ernment to provide, refer or pay for abortions. graduates.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4634 Sfmt 9920 E:\CR\FM\A08SE7.015 H08PT1 H6818 CONGRESSIONAL RECORD — HOUSE September 8, 2004 I support the work and the difference that appropriation shall be used to provide meal obligation for every 100,000 increase in the this agency, one of many like it across the services at or for Job Corps centers. AWIU level (including a pro rata amount for U.S., is doing to make a difference in my dis- For necessary expenses of the Workforce any increment less than 100,000) from the Investment Act of 1998, including the pur- Employment Security Administration Ac- trict. I encourage my colleagues to support the chase and hire of passenger motor vehicles, count of the Unemployment Trust Fund: Pro- Community Service Block Grant in the Labor– the construction, alteration, and repair of vided further, That funds appropriated in this HHS bill. buildings and other facilities, and the pur- Act which are used to establish a national The CHAIRMAN. All time for general chase of real property for training centers as one-stop career center system, or which are debate has expired. authorized by such Act; $2,463,000,000 plus re- used to support the national activities of the Pursuant to the rule, the bill shall be imbursements, of which $2,363,000,000 is Federal-State unemployment insurance or considered for amendment under the 5- available for obligation for the period Octo- immigration programs, may be obligated in minute rule. ber 1, 2005, through June 30, 2006, and of contracts, grants or agreements with non- State entities: Provided further, That funds During consideration of the bill for which $100,000,000 is available for the period October 1, 2005, through June 30, 2008, for appropriated under this Act for activities au- amendment, the Chair may accord pri- necessary expenses of construction, rehabili- thorized under the Wagner-Peyser Act, as ority in recognition to a Member offer- tation, and acquisition of Job Corps centers. amended, and title III of the Social Security ing an amendment that he has printed Of the unobligated funds contained in the Act, may be used by the States to fund inte- in the designated place in the CONGRES- H–1 B Nonimmigrant Petitioner Account grated Employment Service and Unemploy- SIONAL RECORD. Those amendments that are available to the Secretary of Labor ment Insurance automation efforts, notwith- will be considered read. pursuant to section 286(s)(2) of the Immigra- standing cost allocation principles pre- The Clerk will read. tion and Nationality Act (8 U.S.C. 1356(s)(2)), scribed under Office of Management and Budget Circular A–87. The Clerk read as follows: $100,000,000 are rescinded. COMMUNITY SERVICE EMPLOYMENT FOR OLDER ADVANCES TO THE UNEMPLOYMENT TRUST H.R. 5006 AMERICANS FUND AND OTHER FUNDS Be it enacted by the Senate and House of Rep- To carry out title V of the Older Ameri- For repayable advances to the Unemploy- resentatives of the United States of America in cans Act of 1965, as amended, $440,200,000. ment Trust Fund as authorized by sections Congress assembled, 905(d) and 1203 of the Social Security Act, as FEDERAL UNEMPLOYMENT BENEFITS AND That the following sums are appropriated, amended, and to the Black Lung Disability ALLOWANCES out of any money in the Treasury not other- Trust Fund as authorized by section wise appropriated, for the Departments of For payments during the current fiscal 9501(c)(1) of the Internal Revenue Code of Labor, Health and Human Services, and Edu- year of trade adjustment benefit payments 1954, as amended; and for nonrepayable ad- cation, and related agencies for the fiscal and allowances under part I and section 246; vances to the Unemployment Trust Fund as year ending September 30, 2005, and for other and for training, allowances for job search authorized by section 8509 of title 5, United purposes, namely: and relocation, and related State adminis- States Code, and to the ‘‘Federal unemploy- trative expenses under part II of chapter 2, TITLE I—DEPARTMENT OF LABOR ment benefits and allowances’’ account, to title II of the Trade Act of 1974 (including remain available until September 30, 2006, EMPLOYMENT AND TRAINING ADMINISTRATION the benefits and services described under sec- $517,000,000. TRAINING AND EMPLOYMENT SERVICES tions 123(c)(2) and 151 (b) and (c) of the Trade In addition, for making repayable advances (INCLUDING RESCISSION) Adjustment Assistance Reform Act of 2002, to the Black Lung Disability Trust Fund in Public Law 107–210), $1,057,300,000, together the current fiscal year after September 15, For necessary expenses of the Workforce with such amounts as may be necessary to be 2005, for costs incurred by the Black Lung Investment Act of 1998, including the pur- charged to the subsequent appropriation for Disability Trust Fund in the current fiscal chase and hire of passenger motor vehicles, payments for any period subsequent to Sep- year, such sums as may be necessary. the construction, alteration, and repair of tember 15 of the current year. buildings and other facilities, and the pur- PROGRAM ADMINISTRATION chase of real property for training centers as STATE UNEMPLOYMENT INSURANCE AND For expenses of administering employment authorized by such Act, $2,649,728,000 plus re- EMPLOYMENT SERVICE OPERATIONS and training programs, $111,375,000, together imbursements; of which $1,642,442,000 is For authorized administrative expenses, with not to exceed $57,479,000 which may be available for obligation for the period July 1, $141,934,000, together with not to exceed expended from the Employment Security Ad- 2005, through June 30, 2006, except that $3,440,914,000 (including not to exceed ministration Account in the Unemployment amounts determined by the Secretary of $1,228,000 which may be used for amortiza- Trust Fund. Labor to be necessary pursuant to sections tion payments to States which had inde- EMPLOYEE BENEFITS SECURITY 173(a)(4)(A) and 174(c) of such Act shall be pendent retirement plans in their State em- ADMINISTRATION available from October 1, 2004, until ex- ployment service agencies prior to 1980), SALARIES AND EXPENSES pended; of which $1,000,965,000 is available for which may be expended from the Employ- For necessary expenses for the Employee obligation for the period April 1, 2005, ment Security Administration Account in Benefits Security Administration, through June 30, 2006, to carry out chapter 4 the Unemployment Trust Fund including the $132,345,000. of such Act; and of which $6,321,000 is avail- cost of administering section 51 of the Inter- PENSION BENEFIT GUARANTY CORPORATION able for the period July 1, 2005, through June nal Revenue Code of 1986, as amended, sec- PENSION BENEFIT GUARANTY CORPORATION 30, 2008, for necessary expenses of construc- tion 7(d) of the Wagner-Peyser Act, as FUND tion, rehabilitation, and acquisition of Job amended, the Trade Act of 1974, as amended, Corps centers: Provided, That notwith- the Immigration Act of 1990, and the Immi- The Pension Benefit Guaranty Corporation standing any other provision of law, of the gration and Nationality Act, as amended, is authorized to make such expenditures, in- cluding financial assistance authorized by funds provided herein under section 137(c) of and of which the sums available in the allo- section 104 of Public Law 96–364, within lim- such Act, $301,227,000 shall be for activities cation for activities authorized by title III of its of funds and borrowing authority avail- described in section 132(a)(2)(A) of such Act, the Social Security Act, as amended (42 able to such Corporation, and in accord with and $1,178,192,000 shall be for activities de- U.S.C. 502–504), and the sums available in the law, and to make such contracts and com- scribed in section 132(a)(2)(B) of such Act: allocation for necessary administrative ex- mitments without regard to fiscal year limi- Provided further, That $8,000,000 shall be for penses for carrying out 5 U.S.C. 8501–8523, tations as provided by section 104 of the Gov- carrying out section 172 of such Act: Provided shall be available for obligation by the ernment Corporation Control Act, as amend- further, That, notwithstanding any other States through December 31, 2005, except ed (31 U.S.C. 9104), as may be necessary in provision of law or related regulation, that funds used for automation acquisitions carrying out the program, including associ- $76,874,000 shall be for carrying out section shall be available for obligation by the ated administrative expenses, through Sep- 167 of such Act, including $71,787,000 for for- States through September 30, 2007; of which tember 30, 2005, for such Corporation: Pro- mula grants, $4,583,000 for migrant and sea- $141,934,000, together with not to exceed vided, That none of the funds available to the sonal housing (of which not less than 70 per- $672,700,000 of the amount which may be ex- Corporation for fiscal year 2005 shall be cent shall be for permanent housing), and pended from said trust fund, shall be avail- available for obligations for administrative $504,000 for other discretionary purposes: Pro- able for obligation for the period July 1, 2005, expenses in excess of $266,330,000: Provided vided further, That notwithstanding the through June 30, 2006, to fund activities further, That obligations in excess of such transfer limitation under section 133(b)(4) of under the Act of June 6, 1933, as amended, in- amount may be incurred after approval by such Act, up to 30 percent of such funds may cluding the cost of penalty mail authorized the Office of Management and Budget and be transferred by a local board if approved by under 39 U.S.C. 3202(a)(1)(E) made available the Committees on Appropriations of the the Governor: Provided further, That funds to States in lieu of allotments for such pur- House and Senate. provided to carry out section 171(d) of such pose: Provided, That to the extent that the Act may be used for demonstration projects Average Weekly Insured Unemployment EMPLOYMENT STANDARDS ADMINISTRATION that provide assistance to new entrants in (AWIU) for fiscal year 2005 is projected by SALARIES AND EXPENSES the workforce and incumbent workers: Pro- the Department of Labor to exceed 3,327,000, For necessary expenses for the Employ- vided further, That no funds from any other an additional $28,600,000 shall be available for ment Standards Administration, including

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.024 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6819 reimbursement to State, Federal, and local (2) for automated workload processing op- Health Act (the ‘‘Act’’), which grants shall agencies and their employees for inspection erations, including document imaging, cen- be no less than 50 percent of the costs of services rendered, $400,797,000, together with tralized mail intake and medical bill proc- State occupational safety and health pro- $2,021,000 which may be expended from the essing, $14,221,000; grams required to be incurred under plans Special Fund in accordance with sections (3) for periodic roll management and med- approved by the Secretary under section 18 39(c), 44(d) and 44(j) of the Longshore and ical review, $13,096,000; and of the Act; and, in addition, notwithstanding Harbor Workers’ Compensation Act: Pro- (4) the remaining funds shall be paid into 31 U.S.C. 3302, the Occupational Safety and vided, That $1,250,000 shall be for the develop- the Treasury as miscellaneous receipts: Health Administration may retain up to ment of an alternative system for the elec- Provided further, That the Secretary may re- $750,000 per fiscal year of training institute tronic submission of reports required to be quire that any person filing a notice of in- course tuition fees, otherwise authorized by filed under the Labor-Management Report- jury or a claim for benefits under chapter 81 law to be collected, and may utilize such ing and Disclosure Act of 1959, as amended, of title 5, United States Code, or 33 U.S.C. 901 sums for occupational safety and health and for a computer database of the informa- et seq., provide as part of such notice and training and education grants: Provided, tion for each submission by whatever means, claim, such identifying information (includ- That, notwithstanding 31 U.S.C. 3302, the that is indexed and easily searchable by the ing Social Security account number) as such Secretary of Labor is authorized, during the public via the Internet: Provided further, regulations may prescribe. fiscal year ending September 30, 2005, to col- That the Secretary of Labor is authorized to lect and retain fees for services provided to SPECIAL BENEFITS FOR DISABLED COAL accept, retain, and spend, until expended, in Nationally Recognized Testing Laboratories, MINERS the name of the Department of Labor, all and may utilize such sums, in accordance For carrying out title IV of the Federal sums of money ordered to be paid to the Sec- with the provisions of 29 U.S.C. 9a, to admin- Mine Safety and Health Act of 1977, as retary of Labor, in accordance with the ister national and international laboratory amended by Public Law 107–275, (the ‘‘Act’’), terms of the Consent Judgment in Civil Ac- recognition programs that ensure the safety $276,000,000, to remain available until ex- tion No. 91–0027 of the United States District of equipment and products used by workers pended. Court for the District of the Northern Mar- in the workplace: Provided further, That none For making after July 31 of the current fis- iana Islands (May 21, 1992): Provided further, of the funds appropriated under this para- cal year, benefit payments to individuals That the Secretary of Labor is authorized to graph shall be obligated or expended to pre- under title IV of the Act, for costs incurred establish and, in accordance with 31 U.S.C. scribe, issue, administer, or enforce any in the current fiscal year, such amounts as 3302, collect and deposit in the Treasury fees standard, rule, regulation, or order under the may be necessary. for processing applications and issuing cer- Act which is applicable to any person who is For making benefit payments under title tificates under sections 11(d) and 14 of the engaged in a farming operation which does IV for the first quarter of fiscal year 2006, Fair Labor Standards Act of 1938, as amend- not maintain a temporary labor camp and $81,000,000, to remain available until ex- ed (29 U.S.C. 211(d) and 214) and for proc- employs 10 or fewer employees: Provided fur- pended. essing applications and issuing registrations ther, That no funds appropriated under this under title I of the Migrant and Seasonal Ag- ADMINISTRATIVE EXPENSES, ENERGY EMPLOY- paragraph shall be obligated or expended to ricultural Worker Protection Act (29 U.S.C. EES OCCUPATIONAL ILLNESS COMPENSATION administer or enforce any standard, rule, 1801 et seq.). FUND regulation, or order under the Act with re- SPECIAL BENEFITS (INCLUDING TRANSFER OF FUNDS) spect to any employer of 10 or fewer employ- (INCLUDING TRANSFER OF FUNDS) For necessary expenses to administer the ees who is included within a category having For the payment of compensation, bene- Energy Employees Occupational Illness a Days Away, Restricted, or Transferred fits, and expenses (except administrative ex- Compensation Act, $40,821,000, to remain (DART) occupational injury and illness rate, penses) accruing during the current or any available until expended: Provided, That the at the most precise industrial classification prior fiscal year authorized by title 5, chap- Secretary of Labor is authorized to transfer code for which such data are published, less ter 81 of the United States Code; continu- to any executive agency with authority than the national average rate as such rates ation of benefits as provided for under the under the Energy Employees Occupational are most recently published by the Sec- heading ‘‘Civilian War Benefits’’ in the Fed- Illness Compensation Act, including within retary, acting through the Bureau of Labor eral Security Agency Appropriation Act, the Department of Labor, such sums as may Statistics, in accordance with section 24 of 1947; the Employees’ Compensation Commis- be necessary in fiscal year 2005 to carry out that Act (29 U.S.C. 673), except— sion Appropriation Act, 1944; sections 4(c) those authorities: Provided further, That the (1) to provide, as authorized by such Act, and 5(f) of the War Claims Act of 1948 (50 Secretary may require that any person filing consultation, technical assistance, edu- U.S.C. App. 2012); and 50 percent of the addi- a claim for benefits under the Act provide as cational and training services, and to con- tional compensation and benefits required by part of such claim, such identifying informa- duct surveys and studies; section 10(h) of the Longshore and Harbor tion (including Social Security account (2) to conduct an inspection or investiga- Workers’ Compensation Act, as amended, number) as may be prescribed. tion in response to an employee complaint, $233,000,000, together with such amounts as BLACK LUNG DISABILITY TRUST FUND to issue a citation for violations found dur- ing such inspection, and to assess a penalty may be necessary to be charged to the subse- (INCLUDING TRANSFER OF FUNDS) quent year appropriation for the payment of for violations which are not corrected within In fiscal year 2005 and thereafter, such a reasonable abatement period and for any compensation and other benefits for any pe- sums as may be necessary from the Black riod subsequent to August 15 of the current willful violations found; Lung Disability Trust Fund, to remain avail- (3) to take any action authorized by such year: Provided, That amounts appropriated able until expended, for payment of all bene- may be used under section 8104 of title 5, Act with respect to imminent dangers; fits authorized by section 9501(d)(1), (2), (4), (4) to take any action authorized by such United States Code, by the Secretary of and (7) of the Internal Revenue Code of 1954, Labor to reimburse an employer, who is not Act with respect to health hazards; as amended; and interest on advances, as au- (5) to take any action authorized by such the employer at the time of injury, for por- thorized by section 9501(c)(2) of that Act. In tions of the salary of a reemployed, disabled Act with respect to a report of an employ- addition, the following amounts shall be ment accident which is fatal to one or more beneficiary: Provided further, That balances available from the Fund for fiscal year 2005 of reimbursements unobligated on Sep- employees or which results in hospitaliza- for expenses of operation and administration tion of two or more employees, and to take tember 30, 2004, shall remain available until of the Black Lung Benefits program, as au- expended for the payment of compensation, any action pursuant to such investigation thorized by section 9501(d)(5): $32,646,000 for authorized by such Act; and benefits, and expenses: Provided further, That transfer to the Employment Standards Ad- in addition there shall be transferred to this (6) to take any action authorized by such ministration, ‘‘Salaries and Expenses’’; Act with respect to complaints of discrimi- appropriation from the Postal Service and $23,705,000 for transfer to Departmental Man- from any other corporation or instrumen- nation against employees for exercising agement, ‘‘Salaries and Expenses’’; $342,000 rights under such Act: tality required under section 8147(c) of title for transfer to Departmental Management, 5, United States Code, to pay an amount for ‘‘Office of Inspector General’’; and $356,000 Provided further, That the foregoing proviso its fair share of the cost of administration, for payments into miscellaneous receipts for shall not apply to any person who is engaged such sums as the Secretary determines to be the expenses of the Department of the Treas- in a farming operation which does not main- the cost of administration for employees of ury. tain a temporary labor camp and employs 10 such fair share entities through September or fewer employees: Provided further, That 30, 2005: Provided further, That of those funds OCCUPATIONAL SAFETY AND HEALTH none of the funds appropriated under this transferred to this account from the fair ADMINISTRATION paragraph shall be obligated or expended to share entities to pay the cost of administra- SALARIES AND EXPENSES administer or enforce the provisions of 29 tion of the Federal Employees’ Compensa- For necessary expenses for the Occupa- CFR 1910.134(f)(2) (General Industry Res- tion Act, $39,668,000 shall be made available tional Safety and Health Administration, piratory Protection Standard) to the extent to the Secretary as follows: $461,599,000, including not to exceed that such provisions require the annual fit (1) for enhancement and maintenance of $91,747,000 which shall be the maximum testing (after the initial fit testing) of res- automated data processing systems and tele- amount available for grants to States under pirators for occupational exposure to tuber- communications systems, $12,351,000; section 23(g) of the Occupational Safety and culosis.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.010 H08PT1 H6820 CONGRESSIONAL RECORD — HOUSE September 8, 2004 AMENDMENT OFFERED BY MRS. JOHNSON OF For example, health information critical health care activities that the CONNECTICUT technology will reduce medical errors Federal Government funds, like the Mrs. JOHNSON of Connecticut. Mr. which account for 44,000 to 98,000 children’s hospitals and also into pub- Chairman, I offer an amendment. deaths annually, more than motor ve- lic education as well as job training The Clerk read as follows: hicle accidents, breast cancer, or AIDS. and a number of other areas is really a Amendment offered by Mrs. JOHNSON of It will reduce known medical errors tribute to the kind of thoughtful lead- Connecticut: that cost $30 billion to $35 billion annu- ership that this body is capable of. AMENDMENT TO LABOR, HEALTH AND HUMAN ally. Health IT will save $5.4 billion a I do withdraw my amendment, recog- SERVICES, AND EDUCATION APPROPRIATIONS year annually that is spent on unneces- nizing the importance and value of BILL, 2005, AS REPORTED sary services because tests or second OSHA, and I appreciate your willing- OFFERED BY MRS. JOHNSON OF CONNECTICUT opinions cannot be located. It will also ness to look at this critical function as In title I, in the item relating to OCCUPA- eliminate costly defensive medical you move this bill toward its final con- TIONAL HEALTH AND SAFETY ADMINISTRATION, clusion. after the aggregate dollar amount insert the practices which account for as much as following: ‘‘(reduced by $25,000,000)’’. $108 billion in unnecessary health care Mr. REGULA. I thank the gentle- In title II, in the item relating to OFFICE costs each year. Health IT will allow woman for her contribution. OF THE SECRETARY, after the aggregate dollar physicians to detect negative drug The CHAIRMAN. Without objection, amount insert the following: ‘‘(increased by interactions which result in 7,000 the amendment is withdrawn. $25,000,000)’’. There was no objection. deaths each year. In title II, in the item relating to OFFICE The CHAIRMAN. The Clerk will read. OF THE SECRETARY, after the fourth dollar My friends in this body, we must do The Clerk read as follows: amount, insert the following: ‘‘(increased by everything we possibly can to back $25,000,000)’’. Secretary Thompson and this Presi- MINE SAFETY AND HEALTH ADMINISTRATION SALARIES AND EXPENSES Mrs. JOHNSON of Connecticut. Mr. dent in moving health information Chairman, I rise in strong support of technology into our health care sector For necessary expenses for the Mine Safety as rapidly as possible. These innovative and Health Administration, $275,567,000, in- my amendment to accelerate the adop- cluding purchase and bestowal of certificates tion of health information technology grants, the work that they are doing to and trophies in connection with mine rescue and to improve health care quality for establish standards, the pressure they and first-aid work, and the hire of passenger all Americans, significantly reduce are putting on the private sector to de- motor vehicles; in addition, not to exceed preventable medical errors, and rein in velop interoperable technologies is all $750,000 may be collected by the National rising health care costs. My amend- exactly what needs to happen; and it is Mine Health and Safety Academy for room, ment would add $25 million to the De- my hope that we will be able to accom- board, tuition, and the sale of training mate- partment of Health and Human Serv- plish the goal of this amendment, to rials, otherwise authorized by law to be col- lected, to be available for mine safety and ices to advance health information provide the full $50 million that the health education and training activities, technology. This meets the Secretary’s new office, of which Dr. Brailer is now notwithstanding 31 U.S.C. 3302; and, in addi- budget request to fund State, regional the head as the national coordinator of tion, the Mine Safety and Health Adminis- or local grants to develop health sys- information technology, that their full tration may retain up to $1,000,000 from fees tems that coordinate with each other. budget allocation request can be ful- collected for the approval and certification This funding will also help unleash our filled. of equipment, materials, and explosives for creativity through grants to foster in- I have talked with the gentleman use in mines, and may utilize such sums for such activities; the Secretary is authorized from Ohio (Mr. REGULA) about this. novative information technologies that to accept lands, buildings, equipment, and improve health care. Rather than pursuing this amendment other contributions from public and private Mr. Chairman, this President and further, I am going to withdraw it. But sources and to prosecute projects in coopera- this Secretary of Health and Human I did want to stress how important it is tion with other agencies, Federal, State, or Services, Tommy Thompson, have pro- that we back this office with its full private; the Mine Safety and Health Admin- vided remarkable, aggressive, and vi- dollar amount. I hope that in the istration is authorized to promote health sionary leadership to bring America’s course of the development of this bill, and safety education and training in the health care system into the 21st cen- that that goal will be fulfilled. mining community through cooperative pro- tury, to improve the quality of care grams with States, industry, and safety asso- Mr. REGULA. Mr. Chairman, I move ciations; and any funds available to the de- available to all Americans, and to dra- to strike the last word. I commend the partment may be used, with the approval of matically reduce administrative costs, gentlewoman for what she is trying to the Secretary, to provide for the costs of medical errors, duplicate testing, du- do here. My concern is that if we di- mine rescue and survival operations in the plicate record keeping, and address all minish OSHA’s impact, we will have event of a major disaster. those aspects of our health care system more people going into the hospital. BUREAU OF LABOR STATISTICS that have already been identified by Part of the objective of OSHA is to SALARIES AND EXPENSES the Institute of Medicine as being the have safety in the workplace and get For necessary expenses for the Bureau of source of poor-quality care and an fewer people in. I think her desire to Labor Statistics, including advances or re- enormous health care cost. improve the quality programs that are imbursements to State, Federal, and local At this moment, with health care embodied in the amendment here, we agencies and their employees for services rendered, $455,045,000, together with not to costs rising at an extraordinary rate, will be sensitive to this in conference. pressing premiums up for everyone, in- exceed $78,473,000, which may be expended We have no idea what the other body’s from the Employment Security Administra- cluding our seniors under part B, we bill is going to look like and where the tion Account in the Unemployment Trust must push forward to develop inter- emphasis is going to be. I appreciate Fund. operable electronic health records, e- the fact that the gentlewoman will OFFICE OF DISABILITY EMPLOYMENT POLICY prescribing and all those other applica- withdraw her amendment, but we will SALARIES AND EXPENSES tions of modern information tech- keep this very much in mind. For necessary expenses for the Office of nology to our health sector. It is in- Mrs. JOHNSON of Connecticut. Mr. Disability Employment Policy to provide deed bizarre that other sectors of the Chairman, will the gentleman yield? leadership, develop policy and initiatives, economy, manufacturing, banking, Mr. REGULA. I yield to the gentle- and award grants furthering the objective of many other sectors, are far ahead of woman from Connecticut. eliminating barriers to the training and em- the health care sector in integrating, Mrs. JOHNSON of Connecticut. I ployment of people with disabilities, absorbing, using and exploiting infor- thank the chairman very much for his $47,555,000. mation technology to both improve the comments. DEPARTMENTAL MANAGEMENT quality of operations in those sectors Mr. Chairman, I also want to say SALARIES AND EXPENSES and the quality of the product as an both to the gentleman from Ohio (Mr. For necessary expenses for Departmental Management, including the hire of three se- outcome. Information technology will REGULA) and also to the gentleman dans, and including the management or oper- dramatically improve the quality of from Wisconsin (Mr. OBEY) that you ation, through contracts, grants or other ar- health care available to all Americans have brought forward for this body a rangements of Departmental activities con- and holds out the promise of reducing very fine, balanced bill in a difficult ducted by or through the Bureau of Inter- costs tremendously. era. The money that you have put into national Labor Affairs, including bilateral

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.053 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6821 and multilateral technical assistance and Mr. REGULA. Mr. Chairman, will the Mr. Chairman, H.R. 4477 would not create other international labor activities, gentlewoman yield? additional paper work or burden employers $264,653,000, of which, $7,000,000 to remain Ms. HOOLEY of Oregon. I yield to the with difficult Department of Labor require- available until September 30, 2006, is for gentleman from Ohio. ments. In fact, H.R. 4477 is an effort to edu- Frances Perkins Building Security enhance- ments, and $30,000,000 is for the acquisition of Mr. REGULA. Mr. Chairman, I think cate employers and keep them from unknow- Departmental information technology, ar- the gentlewoman has a good amend- ingly breaking existing law. chitecture, infrastructure, equipment, soft- ment here. We are prepared to accept Mr. Chairman, I commend U.S. Representa- ware, and related needs, which will be allo- this, and I think in light of all the cir- tive HOOLEY for bringing her amendment to cated by the Department’s Chief Information cumstances, the need for veterans’ em- the floor today. By educating employers and Officer in accordance with the Department’s ployment and training is growing, and, employees about USERRA, we can assist capital investment management process to therefore, I think this is a very posi- them in working out any potential conflicts be- assure a sound investment strategy, together tive amendment, and we would be will- fore employees are activated. I urge adoption with not to exceed $314,000, which may be ex- of the Hooley amendment. pended from the Employment Security Ad- ing to accept it at this point. Ms. HOOLEY of Oregon. Mr. Chair- The CHAIRMAN. The question is on ministration Account in the Unemployment the amendment offered by the gentle- Trust Fund: Provided, That no funds made man, I thank the chairman for accept- available by this Act may be used by the So- ing the amendment. woman from Oregon (Ms. HOOLEY). licitor of Labor to participate in a review in Mr. OBEY. Mr. Chairman, will the The agreement was agreed to. any United States court of appeals of any de- gentlewoman yield? The CHAIRMAN. Are there further cision made by the Benefits Review Board Ms. HOOLEY of Oregon. I yield to the amendments to this paragraph of the under section 21 of the Longshore and Harbor gentleman from Wisconsin. bill? Workers’ Compensation Act (33 U.S.C. 921) Mr. OBEY. Mr. Chairman, we also If not, the Clerk will read. The Clerk read as follows: where such participation is precluded by the would be happy to accept it on this side decision of the United States Supreme Court OFFICE OF INSPECTOR GENERAL in Director, Office of Workers’ Compensation of the aisle. It is a good amendment. Ms. HOOLEY of Oregon. Mr. Chair- For salaries and expenses of the Office of Programs v. Newport News Shipbuilding, 115 Inspector General in carrying out the provi- S. Ct. 1278 (1995), notwithstanding any provi- man, just very briefly, this is so our sions of the Inspector General Act of 1978, as sions to the contrary contained in Rule 15 of Guard and Reserves can go back to the amended, $64,029,000, together with not to ex- the Federal Rules of Appellate Procedure: job they left when they went overseas. ceed $5,561,000, which may be expended from Provided further, That no funds made avail- The men and women of our Armed the Employment Security Administration able by this Act may be used by the Sec- Forces fought for their country. They Account in the Unemployment Trust Fund. retary of Labor to review a decision under should not have to fight for their jobs WORKING CAPITAL FUND the Longshore and Harbor Workers’ Com- For the acquisition of a new core account- pensation Act (33 U.S.C. 901 et seq.) that has when they return home, and I thank ing system for the Department of Labor, in- been appealed and that has been pending be- them for accepting the amendment. cluding hardware and software infrastruc- fore the Benefits Review Board for more Mr. MCGOVERN. Mr. Chairman, I rise in ture and the costs associated with implemen- than 12 months: Provided further, That any support of the Hooley amendment. tation thereof, $10,000,000. such decision pending a review by the Bene- All of us are incredibly grateful to the men GENERAL PROVISIONS fits Review Board for more than 1 year shall and women of our armed forces, including be considered affirmed by the Benefits Re- SEC. 101. None of the funds appropriated in members of the National Guard and Reserves. this title for the Job Corps shall be used to view Board on the 1-year anniversary of the Thousands of our Guard members and Re- filing of the appeal, and shall be considered pay the compensation of an individual, ei- the final order of the Board for purposes of serves have been activated, taking them away ther as direct costs or any proration as an obtaining a review in the United States not only from their families, but from their jobs, indirect cost, at a rate in excess of Executive courts of appeals: Provided further, That as well. Level II. these provisions shall not be applicable to The Hooley amendment provides $5 million (TRANSFER OF FUNDS) the review or appeal of any decision issued to the Department of Labor Veteran’s Employ- SEC. 102. Not to exceed 1 percent of any dis- under the Black Lung Benefits Act (30 U.S.C. ment and Training Program, specifically for a cretionary funds (pursuant to the Balanced 901 et seq.). nationwide campaign to educate America’s Budget and Emergency Deficit Control Act VETERANS EMPLOYMENT AND TRAINING employers about the Uniformed Services Em- of 1985, as amended) which are appropriated for the current fiscal year for the Depart- Not to exceed $194,098,000 may be derived ployment and Reemployment Rights Act ment of Labor in this Act may be transferred from the Employment Security Administra- (USERRA). between appropriations, but no such appro- tion Account in the Unemployment Trust USERRA spells out the responsibilities of priation shall be increased by more than 3 Fund to carry out the provisions of 38 U.S.C. employers of members of the National Guard percent by any such transfer: Provided, That 4100–4110A, 4212, 4214, and 4321–4327, and Pub- and Reserve, and it explains the employment the Appropriations Committees of both lic Law 103–353, and which shall be available Houses of Congress are notified at least 15 for obligation by the States through Decem- rights of those members. However, many em- ployees and employers do not know about days in advance of any transfer. ber 31, 2005, of which $2,000,000 is for the Na- SEC. 103. Not later than 30 days after the tional Veterans’ Employment and Training USERRA. date of enactment of this Act, the Secretry Services Institute. To carry out the Home- Mr. Chairman, the U.S. Chamber of Com- of Labor shall issue a monthly transit sub- less Veterans Reintegration Programs (38 merce has estimated that 70 percent of mili- sidy of not less than the amount each of its U.S.C. 2021) and the Veterans Workforce In- tary reservists called to active-duty work in employees of the National Capital Region is vestment Programs (29 U.S.C. 2913), small or medium-size companies. eligible to receive, not to exceed a maximum $26,550,000 of which $7,550,000 shall be avail- In response, I introduced H.R. 4477 with the of $100, as directed by Executive Order 13150. able for obligation for the period July 1, 2005, This title may be cited as the ‘‘Department bipartisan support of U.S. Representative JEB through June 30, 2006. of Labor Appropriations Act, 2005’’. BRADLEY. H.R. 4477 is a simple, straight- b 1315 forward bill, and it complements the Hooley TITLE II—DEPARTMENT OF HEALTH AND HUMAN SERVICES AMENDMENT OFFERED BY MS. HOOLEY OF amendment. My bill seeks to promote under- HEALTH RESOURCES AND SERVICES OREGON standing between employees and employers ADMINISTRATION Ms. HOOLEY of Oregon. Mr. Chair- when it comes to their rights and obligations HEALTH RESOURCES AND SERVICES man, I offer an amendment. under USERRA. H.R. 4477 would require the For carrying out titles II, III, IV, VII, VIII, The Clerk read as follows: Department of Labor to produce a poster— X, XII, XIX, and XXVI of the Public Health Amendment offered by Ms. HOOLEY of Or- similar to the Family and Medical Leave post- Service Act, section 427(a) of the Federal egon: er—for employers to post at work sites. Coal Mine Health and Safety Act, title V and In title I, in the item relating to ‘‘DEPART- Mr. Chairman, many employers across the sections 1128E, 711 and 1820 of the Social Se- MENTAL MANAGEMENT—VETERANS EMPLOY- country either do not know about USERRA, or curity Act, the Health Care Quality Improve- MENT AND TRAINING’’, after the aggregate dol- they are only vaguely aware of it. By not com- ment Act of 1986, as amended, the Native Ha- lar amount, insert the following: ‘‘(increased plying with USERRA, employers put them- waiian Health Care Act of 1988, as amended, by $5,000,000)’’. the Cardiac Arrest Survival Act of 2000, and selves at risk of facing Department of Labor In title II, in the item relating to ‘‘OFFICE the Poison Control Center Enhancement and OF THE SECRETARY—GENERAL DEPARTMENTAL investigations. By educating employers and Awareness Act, $6,305,333,000, of which MANAGEMENT’’, after the aggregate dollar employees before potential violations, we can $32,500,000 from general revenues, notwith- amount, insert the following: ‘‘(reduced by protect employers from costly litigation, poten- standing section 1820(j) of the Social Secu- $5,000,000)’’. tial fines, and public embarrassment. rity Act, shall be available for carrying out

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.019 H08PT1 H6822 CONGRESSIONAL RECORD — HOUSE September 8, 2004 the Medicare rural hospital flexibility grants With more than 44 million Americans sured across America from Jackson- program under section 1820 of such Act: Pro- currently living without health insur- ville, Florida, to Portland, Maine, from vided, That of the funds made available ance, there is no doubt that too many Anchorage, Alaska, to Los Angeles, under this heading, $250,000 shall be available California. They serve small areas like until expended for facilities renovations at Americans are going without necessary the Gillis W. Long Hansen’s Disease Center: preventative health care. This lack of Concord, North Carolina, and urban Provided further, That in addition to fees au- access to care comes at an extremely areas like Houston. thorized by section 427(b) of the Health Care high cost both in human and budgetary Mr. Chairman, I will include for the Quality Improvement Act of 1986, fees shall terms. Nearly 40 percent of uninsured RECORD a list of the American cities be collected for the full disclosure of infor- adults skip a recommended medical that have benefited from this success- mation under the Act sufficient to recover test or treatment. And 20 percent indi- ful program. the full costs of operating the National Prac- cate that they have needed but have Birmingham, AL, Montgomery, AL, titioner Data Bank, and shall remain avail- not received care for a serious health Sylacauga, AL, Anchorage, AK, Sitka, AK, able until expended to carry out that Act: Augusta, AR, Helena, AR, Ratcliff, AR, Provided further, That fees collected for the problem in the past year. Without access to primary health Bisbee, AZ, Navajo, AZ, Prescott, AZ, full disclosure of information under the Tuscon, AZ, Bakersfield, CA, El Centro, CA, ‘‘Health Care Fraud and Abuse Data Collec- care, the uninsured end up in our emer- Eureka, CA, Lompoc, CA, Los Angeles, CA, tion Program’’, authorized by section gency rooms where treatment is ex- Martinez, CA, Orange, CA, Salinas, CA, San 1128E(d)(2) of the Social Security Act, shall tremely expensive and taxpayers are Francisco, CA, San Leandro, CA, San Mateo, be sufficient to recover the full costs of oper- footing the bill; either that or the CA, Stockton, CA, Vallejo, CA, Colorado ating the program, and shall remain avail- shareholders in our for-profit corpora- Springs, CO, Denver, CO, Greeley, CO, Derby, able until expended to carry out that Act: tions. CO, New Haven, CT, Middletown, CT, Dover, Provided further, That no more than This is where the Community Access DE, Ft. Lauderdale, FL, Jacksonville, FL, $45,000,000 to remain available until expended Program, or the CAP program, comes Kissimmee, FL, Miami, FL, Orlando, FL, St. is available for carrying out the provisions of Augustine, FL, Tallahassee, FL, Tampa, FL, Public Law 104–73: Provided further, That of in. This successful program was cre- Atlanta, GA, Augusta, GA, Macon, GA, Des the funds made available under this heading, ated 4 years ago to help local agencies Moines, IA, Couer D’Alene, ID, Carlinville, $278,283,000 shall be for the program under coordinate preventative and primary IL, Chicago, IL, Rockford, IL, Springfield, title X of the Public Health Service Act to health care for uninsured individuals in IL. provide for voluntary family planning their communities. CAP allows coordi- Indianapolis, IN, South Bend, IN, Tribune, projects: Provided further, That amounts pro- nating efforts between the for-profit KS, Wichita, KS, Ashland, KY, Louisville, KY, Lexington, KY, Franklin, LA, New Orle- vided to said projects under such title shall hospitals, the nonprofit, and the public not be expended for abortions, that all preg- ans, LA, Boston, MA, Cambridge, MA, nancy counseling shall be nondirective, and health providers and literally everyone Springfield, MA, Yarmouthport, MA, Lavale, that such amounts shall not be expended for in the community to serve the people MD, Rockville, MD, Portland, ME, Detroit, any activity (including the publication or more efficiently. The program facili- MI, Grand Blanc, MI, Kalamazoo, MI, Lan- distribution of literature) that in any way tates a community-based approach to sing, MI, Marquette, MI, Muskegon, MI, tends to promote public support or opposi- preventative health care and allows the Saginaw, MI, Ypsilanti, MI, Alexandria, MN, tion to any legislative proposal or candidate community to tailor its program spe- Mankato, MN, Minneapolis, MN, St. Cloud, for public office: Provided further, That cifically to the needs of its uninsured MN, Kansas City, MO, Kirksville, MO, Jack- $803,872,000 shall be for State AIDS Drug As- son, MS, Clarksdale, MS, Billings, MT, Ashe- population. ville, NC, Concord, NC, Durham, NC, Greens- sistance Programs authorized by section 2616 The CAP program has been instru- of the Public Health Service Act: Provided boro, NC, Pinehurst, NC, Raleigh, NC, Wash- further, That in addition to amounts pro- mental in providing health care to the ington, NC, Bismarck, ND, Chadron, NE, Co- vided herein, $25,000,000 shall be available uninsured in my hometown in Houston. lumbus, NE, Omaha, NE, Concord, NH, Albu- from amounts available under section 241 of Gateway to Care, the community ac- querque, NM, El Rito, NM, Santa Fe, NM, the Public Health Service Act to carry out cess collaborative in Harris County, Amherst, NY. Parts A, B, C, and D of title XXVI of the Texas, has used CAP funding to expand Binghamton, NY, Brooklyn, NY, New Public Health Service Act to fund section primary health care services by steer- York, NY, Queens, NY, Tarrytown, NY, 2691 Special Projects of National Signifi- Warrensburg, NY, Cincinnati, OH, Columbus, ing uninsured individuals to the coun- OH, Dayton, OH, Tulsa, OK, Cave Junction, cance: Provided further, That notwith- ty’s existing services, which the unin- standing section 502(a)(1) of the Social Secu- OR, Portland, OR, Blossburg, PA, Norris- rity Act, not to exceed $119,158,000 is avail- sured rarely take advantage of. From town, PA, Philadelphia, PA, Pittsburgh, PA, able for carrying out special projects of re- CAP funds, Gateway has developed a Scranton, PA, Cranston, RI, Columbia, SC, gional and national significance pursuant to nurse triage service that individuals Greenville, SC, Orangeburg, SC, Chat- section 501(a)(2) of such Act. can utilize 24 hours a day, 7 days a tanooga, TN, Memphis, TN, Talbott, TN, Nashville, TN, Austin, TX, Corpus Cristi, TX, AMENDMENT OFFERED BY MR. GREEN OF TEXAS week. So instead of someone showing Mr. GREEN of Texas. Mr. Chairman, up in the emergency room, they actu- Dallas, TX, El Paso, TX, Galveston, TX, Houston, TX, Uvalde, TX, Salt Lake City, I offer an amendment. ally have a phone number to call, and UT, Arrington, VA, Danville, VA, Falls The Clerk read as follows: maybe it is just a sinus infection and Church, VA, Richmond, VA, Winchester, VA, Amendment offered by Mr. GREEN of Texas: they can direct them to the closest Olympia, WA, Seattle, WA, Spokane, WA, In title II, in the item relating to ‘‘HEALTH clinic in their area instead of showing Wenatchee, WA, Milwaukee, WI, Huntington, RESOURCES AND SERVICES ADMINISTRATION— up at whether it is our for-profit or our WV, Martinsburg, WV, Charleston, WV, Hin- HEALTH RESOURCES AND SERVICES’’, insert public hospitals or our nonprofits. In- ton, WV. after the first undesignated paragraph the following undesignated paragraph: stead of calling 911 and having an am- As much success as these commu- In addition, for carrying out section 340 of bulance come to get them, these indi- nities have achieved with CAP funding, the Public Health Service Act (relating to viduals can speak with a qualified the bill unfortunately eliminates that the healthy communities access program), nurse who can help them determine the program. Last year the program re- $104,000,000. type of care they require. ceived $104 million appropriation; yet Mr. REGULA. Mr. Chairman, I re- Gateway has utilized this funding to the administration transferred $20 mil- serve a point of order. increase the enrollment in the State’s lion of that, or roughly 20 percent of Mr. GREEN of Texas. Mr. Chairman, CHIP program and to develop a stream- the total funding, to a pediatric AIDS I have an amendment that would re- lined eligibility system among the four initiative. No one wants to deny the store the much-needed funding for the major safety net providers in our coun- pediatric AIDS patients the care they Community Access Program, and, be- ty. Gateway’s achievements have need, but this situation demonstrates lieve me, I appreciate what the chair- helped thousands of Houstonians access the problem we have with this bill. We man and the ranking member on the necessary health care services. are forced to rob one very worthy pro- subcommittee and the full committee And yet Gateway is not alone in its gram to pay for another necessary pro- did with the resources that we have. I successful use of this CAP funding. The gram, and in the end the health of our know there are more demand re- program has funded more than 150 community suffers. sources, but to actually zero out the health care collaboratives in 42 States; My amendment would restore the Community Access Program I think is so it is clear that CAP has touched $104 million for CAP, restoring funding something that this House and this most of us in this Chamber. CAP for the program to the fiscal year 2004 Congress should not do. collaboratives are serving the unin- enacted levels.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.023 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6823 Because of the host of worthy health But with that I also want to bring up (4) $15,000,000 to carry out Public Health care programs in this bill, we do not what health care costs are because of Research; and have an offset, and I would like to assault weapons. Unfortunately, I have (5) $41,900,000 to carry out Research Tools withdraw the amendment. not been allowed to bring up the bill and Approaches activities within the Na- tional Occupational Research Agenda: I appreciate the chairman’s courtesy for a vote on assault weapons, but I in allowing me to talk about the just want to give the Members some Provided further, That none of the funds made amendment, but I want my colleagues available for injury prevention and control health care costs. at the Centers for Disease Control and Pre- to understand the tremendous strides Death and injuries caused by fire- vention may be used, in whole or in part, to this program has made in providing arms cost the U.S. about $100 billion a advocate or promote gun control: Provided primary health care to those 44 million year. If we keep assault weapons off further, That the Director may redirect the Americans currently living without in- the streets, we can bring that down and total amount made available under author- surance. The program is worthy of our use the money for our community cen- ity of Public Law 101–502, section 3, dated support, and it is my hope that funding ters in those areas that need it. This November 3, 1990, to activities the Director will be restored in conference. includes hospitalization, other medical may so designate: Provided further, That the Again, to the gentleman from Ohio Congress is to be notified promptly of any care costs, rehabilitation, and lost pro- such transfer: Provided further, That not to (Chairman REGULA) and the gentleman ductivity. exceed $12,500,000 may be available for mak- from Wisconsin (Mr. OBEY), I appre- I hope that we can, before this week ing grants under section 1509 of the Public ciate their allowing me the time, and I is over, bring up the assault weapons Health Service Act to not more than 15 thank them for the funds for the com- bill so that we can have the bill and re- States, tribes, or tribal organizations: Pro- munity health centers, but we still duce health care costs in this country. vided further, That without regard to existing need the dollars to coordinate these The CHAIRMAN. Are there other statute, funds appropriated may be used to community health centers. amendments to this paragraph of the proceed, at the discretion of the Centers for Mr. OBEY. Mr. Chairman, will the bill? Disease Control and Prevention, with prop- gentleman yield? If not, the Clerk will read. erty acquisition, including a long-term Mr. GREEN of Texas. I yield to the ground lease for construction on non-Federal The Clerk read as follows: land, to support the construction of a re- gentleman from Wisconsin. HEALTH EDUCATION ASSISTANCE LOANS Mr. OBEY. Mr. Chairman, let me placement laboratory in the Fort Collins, PROGRAM ACCOUNT Colorado area: Provided further, That not- simply say the gentleman is absolutely Such sums as may be necessary to carry withstanding any other provision of law, a right. This is a program that was begun out the purpose of the program, as author- single contract or related contracts for de- by Secretary Shalala, who recognized ized by title VII of the Public Health Service velopment and construction of facilities may that it is not enough to provide money Act, as amended. For administrative ex- be employed which collectively include the to health centers if we do not also pro- penses to carry out the guaranteed loan pro- full scope of the project: Provided further, vide a thoughtful way to coordinate gram, including section 709 of the Public That the solicitation and contract shall con- programs and services. This is what Health Service Act, $3,270,000. tain the clause ‘‘availability of funds’’ found makes some of these efforts workable, VACCINE INJURY COMPENSATION PROGRAM at 48 CFR 52.232–18. and I think it is a disgrace that at a TRUST FUND AMENDMENT NO. 4 OFFERED BY MS. JACKSON- time when we have seen the number of For payments from the Vaccine Injury LEE OF TEXAS uninsured increase from 40 to 45 mil- Compensation Program Trust Fund, such Ms. JACKSON-LEE of Texas. Mr. sums as may be necessary for claims associ- lion people, that we are eliminating a Chairman, I offer an amendment. ated with vaccine-related injury or death The CHAIRMAN. The Clerk will des- program that is crucial to providing with respect to vaccines administered after service in more than 20 communities ignate the amendment. September 30, 1988, pursuant to subtitle 2 of The text of the amendment is as fol- around the country. title XXI of the Public Health Service Act, Mr. GREEN of Texas. Mr. Chairman, to remain available until expended: Provided, lows: I ask unanimous consent to withdraw That for necessary administrative expenses, Amendment No. 4 offered by Ms. JACKSON- the amendment. not to exceed $3,176,000 shall be available LEE of Texas: The CHAIRMAN. Is there objection from the Trust Fund to the Secretary of In title II, in the item relating to ‘‘CEN- to the request of the gentleman from Health and Human Services. TERS FOR DISEASE CONTROL AND PREVENTION- DISEASE CONTROL, RESEARCH, AND TRAINING’’, Texas? CENTERS FOR DISEASE CONTROL AND PREVENTION in paragraph (2) of the first proviso, insert There was no objection. after the dollar amount (relating to the Na- DISEASE CONTROL, RESEARCH, AND TRAINING Mr. REGULA. Mr. Chairman, I move tional Center for Health Statistics surveys) to strike the last word. To carry out titles II, III, VII, XI, XV, the following: ‘‘(increased by $2,500,000)’’. I appreciate the fact that the gen- XVII, XIX, XXI, and XXVI of the Public In title II, in the item relating to ‘‘NA- Health Service Act, sections 101, 102, 103, 201, tleman is withdrawing the amendment TIONAL CENTER ON MINORITY HEALTH AND 202, 203, 301, and 501 of the Federal Mine Safe- because there is not an offset, but I HEALTH DISPARITIES’’, insert after the dollar ty and Health Act of 1977, sections 20, 21, and want to commend him for his thoughts amount the following: ‘‘(increased by 22 of the Occupational Safety and Health Act $1,500,000)’’. on this issue because it is important. of 1970, title IV of the Immigration and Na- These centers are very important, and tionality Act, and section 501 of the Refugee In title II, in the item relating to ‘‘CHIL- it is a classic example of what con- Education Assistance Act of 1980; including DREN AND FAMILIES SERVICES PROGRAMS’’, in- fronted us in the subcommittee, and purchase and insurance of official motor ve- sert ‘‘(decreased by $4,000,000)’’ after the ag- that is, there is so much in the way of hicles in foreign countries; and purchase, gregate dollar amount and insert ‘‘(decreased good things that need to be done, and hire, maintenance, and operation of aircraft, by $4,000,000)’’ after the dollar amount in the $4,228,778,000, of which $81,500,000 shall re- tenth proviso (relating to competitive grants we had to make priority judgments. We to provide abstinence education). will keep this in mind as we go to con- main available until expended for equip- ment, and construction and renovation of fa- Ms. JACKSON-LEE of Texas. Mr. ference, but I certainly think the need cilities, and of which $142,808,000 for inter- Chairman, let me, because this is a is out there. national HIV/AIDS shall remain available Mr. GREEN of Texas. Mr. Chairman, very important debate, again add my until September 30, 2006. In addition, such appreciation to the members of the will the gentleman yield? sums as may be derived from authorized user Mr. REGULA. I yield to the gen- fees, which shall be credited to this account: Committee on Appropriations, the tleman from Texas. Provided, That in addition to amounts pro- chairman and ranking of the full com- Mr. GREEN of Texas. Mr. Chairman, vided herein, the following amounts shall be mittee, and, of course, the ranking and I thank the chairman for his com- available from amounts available under sec- subcommittee chairman of this Labor- ments. tion 241 of the Public Health Service Act: HHS. Mrs. MCCARTHY of New York. Mr. (1) $14,000,000 to carry out the National Im- I hope that the gentlewoman from Chairman, I move to strike the last munization Surveys; New York (Mrs. MCCARTHY) will rise to (2) $149,600,000 to carry out the National support this amendment and share her word. Center for Health Statistics surveys; I am sorry that my colleague has (3) $28,600,000 to carry out information sys- thoughts as well on another deadly withdrawn the amendment, and I hope tems standards development and architec- health issue, and that is the use of guns they are going to be able to work this ture and applications-based research used at and the resulting injuries and deaths out further down the road. local public health levels; that come about through that. I do add

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.065 H08PT1 H6824 CONGRESSIONAL RECORD — HOUSE September 8, 2004 my voice in this very short time for who I had to take to doctors trying to I think it has an unintended effect. The having the reauthorization of the as- find out whether it was or whether it amendment, as I read it, would actu- sault weapons ban. I remember study- was not. And you can be assured in our ally result in a small across-the-board ing this issue in Houston, and I found frustration, but also our great concern reduction in funding for virtually all that for an injured child, costs were at and our fear, that we were overcome by public health agency programs, includ- that time, some maybe 5 to 10 years the fact that it was really a diagnosis ing the National Institutes of Health. I ago, $60,000 per their care. I imagine it that was hard to pinpoint. The delay in do not think that is what we want to has quadrupled at this point. So I hope obtaining treatment can be dev- do. that we will move in that direction. astating, because time is lost while ir- Secondly, I would point out the gen- I, too, raise an issue that I hope my reversible organ damage may appear. tlewoman has made quite clear in her colleagues will join me enthusiasti- The purpose of these amendments is remarks that she is attempting to add cally, and I also will acknowledge the twofold. First, the amendment trans- funding for a specific disease. In all of hard work of a former colleague, Con- fers $1.5 million to the account of the the years this subcommittee has fund- gresswoman Carrie Meek of Florida, NIH’s National Center for Minority ed the National Institutes of Health, it who at most times when we came to Health to increase educational pro- has never dictated to the National In- the floor dealing with the appropria- grams on lupus for health care pro- stitutes exactly how much money they tions, Labor-HHS, the Members can be viders and for the general public. should spend on any specific disease, assured she was speaking about the Let me assure you that we have yet and I do not think we ought to start deadly disease of lupus. addressed in this House the disparities now. So I reluctantly would have to op- Today I am proposing two amend- in health care as it relates to minori- pose the amendment and say that what ments to the Labor-HHS-Education ap- ties. We have yet to pass the equity to we really need is an overall increase in propriations bill to further research health care bill that has been promul- funding for NIH so that we can attack gated or written by the Hispanic Cau- and outreach on lupus, and I urge the lupus and dozens of other diseases that Members to support these amend- cus, the African American Caucus and are causing great pain and suffering to ments. Lupus is a chronic, disabling, the Asian Pacific Caucus and others. I people around the world. and potentially fatal condition in believe that this will help to facilitate Mrs. MCCARTHY of New York. Mr. which the immune system attacks the the diagnosis of lupus today, particu- Chairman, I move to strike the req- body’s own organs and tissues. Lupus larly among susceptible populations. uisite number of words. strikes primarily women, and it is Second, I am proposing to transfer Mr. Chairman, I rise in support of the twice as common among people of $2.5 million to the Centers for Disease Jackson-Lee amendment. This amend- color. Currently it is estimated that 1.5 Control to expand the operation of the ment would increase funds for the Na- million to 2 million Americans have National Lupus Patient Registry. tional Center for Health Statistics sur- lupus. There is no cure for lupus. No There are presently four pilot registry veys and for the National Center For new drugs have been approved to treat programs in Michigan and in Georgia. Minority Health and Health Dispari- the disease in nearly 40 years, and no These pilot programs have been a good ties. medically validated measure to diag- start, but additional data is needed to The cost of health care for minorities nose and track the disease’s progres- distinguish between environmental and is completely disproportionate. No- sion and how it exists. other factors that cause lupus. where is this truer than when it comes I, too, am concerned about the Na- Let me say to my colleagues, no one to the cost of gun violence. Although tional Institutes of Health and the knows when their neighbor, their African Americans and Hispanics make more opportunities for research, and I friend, their constituent may be diag- up only 12.1 and 12.5 percent of the U.S. hope in conference we can alter the nosed. There is one strong point about population respectively, these groups configuration so that many researchers this disease: It is not easily diagnosed, suffered 37 percent of all firearm in labs around the country and profes- and many people live with it for a very deaths in 2000. sors will not be denied their oppor- long period of time. Mr. Chairman, In 2000, homicide with firearms took tunity to find the cure for lupus. That that is why we do not know how many the lives of 5,699 African Americans. In is why I am adding this small of people really have lupus. I would ask 2000, homicide with firearms took the amount of dollars that is budget-neu- my colleagues to join me in this effort lives of 1,958 Hispanics. In 2000, the death rate for firearm in- tral as evidenced and indicated by CBO. and support this amendment, very, juries was two times higher for the Af- Early diagnosis and treatment of very well balanced, and, might I say, rican American population than the lupus are essential to minimizing life- not violating CBO. I ask for support of Caucasian population. In 2000, firearms threatening complications. Lack of un- this amendment. homicide was the leading cause of derstanding of lupus combined with the Mr. REGULA. Mr. Chairman, I rise in death for African Americans age 15 to disease’s complexity leads to signifi- opposition to the amendment. Mr. Chairman, there are a couple of 34. cant underdiagnosis. And I might say The assault weapons ban expires Sep- things that I would point out in opposi- that it strikes young women in a po- tember 13, and we are not allowed to tentially hardship manner. I remember tion to this. Number one, we are al- bring it up on the floor. This is some- a young woman that I knew in my ready recognizing the need for health thing that could go into our commu- church, had two beautiful young chil- statistics. In this bill, we have in- nities, save lives and keep down health dren and a beautiful husband, was creased the amount for this purpose by costs. taken in the prime of her life not $21,960,000. This is an increase of al- Ms. JACKSON-LEE of Texas. Mr. knowing that she had lupus, and it was most 20 percent over last year. Chairman, will the gentlewoman yield? too late in order to provide her with Secondly, at NIH we have increased Ms. MCCARTHY of New York. I yield the treatment that she needed, and cer- the amount for monthly health and to the gentlewoman from Texas. tainly there was no cure at the time. health disparities reports by $5.3 mil- Ms. JACKSON-LEE of Texas. Mr. lion. Chairman, I thank the distinguished b 1330 So it is not the case that we have ig- gentlewoman. Symptoms of the disease may resem- nored the subject. I think we have tried Mr. Chairman, let me carefully say ble the flu or other less severe in- to deal within the constraints of what this adds more money to the NIH. We stances. In some instances, the pa- we have available, and to take the respectfully add the fact that it is not tient’s apparent symptoms may seem money out of the other program, I necessarily a specific designation for a to subside, leading up to a false sense think, would be just a mistake at this specific disease. But might I say that of security. Some surveys indicate that point. Therefore, I would be in opposi- because of the discrepancies in access some lupus patients may suffer for 4 tion to the amendment. to health care for minorities and access years or more and visit 3 or more dif- Mr. OBEY. Mr. Chairman, I move to to health care in respect to those who ferent physicians before obtaining a di- strike the last word. are being treated for lupus and the de- agnosis. I know this personally, be- Mr. Chairman, I must also reluc- finitive impact on minorities as it re- cause I had a member of my family tantly oppose the amendment, because lates to minority women as it relates

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.070 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6825 to lupus, I would offer to say that this tions of this policy, our Nation’s sci- I would like to remind my colleagues, is an amendment that has vibrancy and entists have made tremendous first of all, that it was President is necessary without in any way under- progress. They have already shown George W. Bush that supported stem mining or penalizing NIH. that they can direct the development cell research in a certain line, that I might also say that I have from the of human embryonic stem cells into in- turned out to be tainted. CBO that this is clearly budget-neutral sulin-producing cells that might help There are some folks and some doc- and does not have an impact on the cure juvenile diabetes. This type of re- tors that would actually clone people outlays. search holds promise of new therapies, for body parts. I do not think most So this is an amendment that is via- even cures, for countless conditions Americans support that, and I do not ble for my colleagues to support. I ask and diseases such as diabetes, Alz- support cloning. But there is an area in for all of my colleagues to look seri- heimer’s, Parkinson’s, ALS, heart dis- which I think we can all come to- ously at the opportunity for NIH to ease, spinal cord injury and cancer. gether. make its own determination on a very Mr. Chairman, our scientists are Dr. Goldstein told me that quite vital disease, a disease that is nec- maximizing the resources made avail- often a woman invests her embryos be- essarily in need of both a cure and re- able to them under the current policy, cause she is going to go through chemo search. but we can do better. We must make it or radiation treatments, and maybe I would also offer to say to my col- possible for researchers to engage in she wants in-vitro fertilization at a leagues that when we speak about the responsible pursuit of human later date. But they do not save those lupus, it is like a silent killer, because pluripotent stem cell research. embryos for 1,000 years. They discard you can have it without knowing. You Earlier this summer, I was proud to them. They throw them away, because can have it without being diagnosed. join the gentleman from Delaware (Mr. they can’t save them. They are thrown Therefore, it is extremely important to CASTLE) and the gentlewoman from down the toilet. be able to provide these additional re- Colorado (Ms. DEGETTE) in introducing In that case, why can we not use sources. legislation that would achieve this goal those stem cells to further research? I ask my colleagues to provide sup- by directing NIH to fund stem cell re- They are not going to become life. port for this amendment. search only if those cells had been de- They are going to be discarded, they Mr. OBEY. Mr. Chairman, will the rived from excess human embryos cre- are going to be thrown away. gentlewoman yield? ated through the in vitro fertilization I think that if you sat in the Sub- Ms. MCCARTHY of New York. I yield process for fertility treatment, em- committee on Labor, Health and to the gentleman from Wisconsin. bryos which otherwise would have been Human Services, Education and Re- Mr. OBEY. Mr. Chairman, I want to discarded. All tissue donations would lated Agencies of the Committee on say I am sure it is not the intention of be voluntary, accompanied by informed Appropriations during hearings where the gentlewoman from Texas to fund consent and without compensation. they have children with unique dis- this amendment by providing for an ac- Under these principles, research eases, I had one little girl 8 years old, tual reduction in NIH, but the way she could flourish. The Federal Govern- and she said, ‘‘Congressman, you are has drawn the amendment, it has that ment would maintain reasonable and the only person that can save my life.’’ effect. I understand that is not her in- ethical oversight and the promise of If we can come together and work in tention, but that is the effect of the cures, and in some cases the promise of this particular area, I do not support amendment as written. life itself would be extended and re- cloning, but if they are going to be dis- The CHAIRMAN. The question is on stored to millions of Americans. carded, why can we not use those to en- the amendment offered by the gentle- Unfortunately, our current policies hance; save life? woman from Texas (Ms. JACKSON-LEE). place limits on the hopes and dreams of b 1345 The question was taken; and the these millions of Americans. Scientists Chairman announced that the noes ap- are reporting that it is increasingly I have asked the President, along peared to have it. difficult to attract new scientists to with Mrs. Reagan and Mary Tyler Ms. JACKSON-LEE of Texas. Mr. this area of research because of con- Moore and others, to work in this di- Chairman, I demand a recorded vote. cerns that funding restrictions will rection. The CHAIRMAN. Pursuant to clause keep this research from being success- There is a third area which Dr. Gold- 6 of rule XVIII, further proceedings on ful. Foreign countries, most notably stein pointed out, that there are some the amendment offered by the gentle- Great Britain, have been far more sup- stem cells that are so diseased it would woman from Texas (Ms. JACKSON-LEE) portive of stem cell research. be unethical to implant them. Doctors will be postponed. Mr. Chairman, we face the real dan- and researchers want to use those stem Mr. LANGEVIN. Mr. Chairman, I ger that without Federal funding, the cells to be able to eliminate those dis- move to strike the last word. Nation’s top academic researchers at eases in children, and that is another Mr. Chairman, as we discuss the fine universities, medical schools and area in which we can come together. work that our doctors and scientists teaching hospitals cannot join in the Unfortunately, many of my colleagues, are performing with the help of Federal search for cures, which means much in my opinion, want to go too far. But assistance, I want to make sure that slower progress. I think we can all get around it and my colleagues are aware of the limita- Mr. Chairman, we owe it to our con- embrace an area in which the stem tions on critical research that are cur- stituents to ensure that this research cells are going to be thrown away, they rently in place. These restrictions, the takes place ethically and with the full are going to be discarded, and we are current regulations that guide the Na- support of the Federal Government and this close, I say to my colleagues, to tional Institutes of Health, are stifling as soon as possible. For far too many getting rid of diabetes. Let us come to- progress into curing chronic conditions Americans, there is no time to waste. gether on the issue. and diseases that affect up to 100 mil- Mr. CUNNINGHAM. Mr. Chairman, I Mr. OBEY. Mr. Chairman, I move to lion Americans, a number that dra- move to strike the last word. strike the requisite number of words. matically increases when you consider Mr. Chairman, I do not totally dis- Mr. Chairman, I want to say that I their families and loved ones. Unfortu- agree with my colleague but just a lit- absolutely agree with the gentleman nately, rather than overturning these tle bit that just spoke, because there who just spoke, and I congratulate him limitations, the committee report to are limited directions of stem cell re- for the comments that he made. Every- today’s Labor, Health and Human search that I think that we could all one who has looked with any care Services, and Education appropriations support, whether you are prolife, pro- whatsoever at this issue understands bill instead reaffirms them. choice, which is not an issue in this that there are massive ethical consid- For 3 years, the tremendously prom- case. erations surrounding this question. We ising field of human embryonic stem Dr. Larry Goldstein from the Univer- need to try to work our way through cell research has been restricted to sity of San Diego, California, my those ethical considerations in a way work on stem cell lines developed be- daughter interned with him, and he that will bring people together on some fore August 9, 2001. Despite the limita- does genetic research. very fundamental questions, rather

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.074 H08PT1 H6826 CONGRESSIONAL RECORD — HOUSE September 8, 2004 than pulling them apart. I think the Our Nation is facing an epidemic of liver. Better information about HCV gentleman has pointed to one way that hepatitis C virus, or HCV infection. will help develop treatments that are can be done. HCV is the most common blood-borne effective for HIV and compatible with I would caution those in this society infection in the United States. Al- HCV. That is all I am asking for in this who think that we can somehow stop though many of them do not know it, very simple and minimal amendment science from engaging in the kind of nearly 4 million Americans are cur- of asking for $1 million. research just discussed by the gen- rently infected, and 35,000 new infec- The purpose of this amendment is to tleman from California, I would cau- tions occur each year. increase the research opportunities and tion those who feel that we can stop I have been told about this because of to be able to provide patients who are that kind of research. We cannot. That the sizable population of hepatitis C- at risk for some control studies: Afri- kind of research will go forward. The infected veterans that I have come can Americans, children, and adoles- only question is whether it will go for- across. And I want to thank Ed Wendt, cents, renal dialysis patients, HIV- and ward in the United States or whether it a constituent of mine who has raised HCV-positive patients, and patients will be somewhere else, and whether or the question of what we are doing and with hemophilia. Because hepatitis C is not it will go forward under the aus- how we are doing it and how we can do a communicable disease, I believe this pices of the National Institutes of better by those who are infected and is an important step in getting this Health with all of the ethical consider- the many, many veterans who are in- public issue under control. ations that they try to bring to bear on fected by this disease. Back in June, I joined the Hepatitis this issue, or whether it will be con- This insidious virus takes thousands C Movement for Awareness to call for ducted by scientific teams that are not of lives annually, primarily through more aggressive and better informed quite so careful about the ethical con- cirrhosis and liver cancer. HCV costs national approach to the hepatitis C siderations involved. millions of dollars in health care and epidemic in the United States. Hepa- I think that the gentleman from lost wages each year, but it receives in- titis C infects 300 million people world- California has pointed out how we adequate attention from the public, the wide, including over 5.8 million Ameri- could move people forward on this medical field, and the Federal Govern- cans. We must do something more. And issue in a way which is not destructive ment. only 20 percent of those infected know of anyone’s ethical values. We need to Hepatitis is an inflammation of the they are infected, and scientists are start recognizing that we are dealing liver. Inflammation of the liver with still unsure how the virus is spread or with real situations, real human swelling, tenderness, and sometimes who is most likely to be infected. This beings; and humanity is not going to permanent damage can be caused by in- deadly epidemic cannot be ignored any allow politicians to get in the way of fection with various viruses or by sub- longer. We need action, and I ask my attacking some of the medical prob- stances such as chemicals, drugs, and colleagues to support this amendment. lems that have been discussed by the alcohol. Current concern over viral The grass-roots movement of this or- gentleman from Rhode Island or by the hepatitis stems from the serious long- ganization is made up of veterans, vic- gentleman from California; and I con- term health consequences for long- tims of hepatitis C, and other health gratulate both of them for raising the term sufferers. care advocates; and they came to issue this afternoon. Hepatitis C virus is one of six known Washington to simply ask the ques- AMENDMENT OFFERED BY MS. JACKSON-LEE OF types of the hepatitis viruses. The C tion, can we get help. They are seeking TEXAS virus has emerged as a cause of chronic our help, working with the Veterans Ms. JACKSON-LEE of Texas. Mr. liver disease, both in the United States Administration, which I must say I ap- Chairman, I offer an amendment. and worldwide. It is of concern because plaud for looking at this issue more The Clerk read as follows: of its potential for serious long-term closely. This is not an issue for one Amendment offered by Ms. JACKSON-LEE of health consequences. It resorts, or Texas: person or two persons, it is for millions Page 26, line 18, insert after the aggregate causes, if you will, the need for liver of people, and those who go infected dollar amount the following: ‘‘(increased by transplants as evidenced by my con- who do not know they are infected. $1,000,000)’’. stituent who has suffered long and had I want to congratulate those who Page 46, line 4, insert after the aggregate a difficult health history. Its pattern of worked on this effort, including Ed dollar amount the following: ‘‘(decreased by infection among young, hard-to-reach Wendt and the whole hepatitis C move- $1,000,000)’’. Page 48, line 2, insert after the dollar risk groups and the current lack of ment, because they do it not for them- amount the following: ‘‘(decreased by vaccine or curative therapy impacts or selves. They do it for those who come $1,000,000)’’. increases the number of deaths. after them. They ask that we have a Mr. OBEY. Mr. Chairman, I reserve a Some studies indicate that minority wake-up call so that we can stop the point of order against the amendment. populations in the U.S. are dispropor- tragedy of the hepatitis C epidemic. We do not have a copy. tionately affected by hepatitis C virus, Now it is time that we wake up to- The CHAIRMAN. Will the gentle- and some reports have shown that Afri- gether and move forward on an amend- woman submit the amendment to the can Americans do not respond to the ment that will simply help us move in desk? We do not seem to have a copy of current treatment of chronic HCV in- that direction. I urge my colleagues to it either. fection with the same efficacy as join me in supporting this important Mr. REGULA. Mr. Chairman, I re- whites. This is why I started out this amendment. serve a point of order against the debate by saying it is time now for us Mr. Chairman, I have an amendment at the amendment. to pass the equity in health care and desk that relates to a very grave matter with The CHAIRMAN. A point of order is disparities in health care in America. respect to the status of minority health. Our reserved by the gentleman from Wis- But this amendment, as did the lupus nation is facing an epidemic of Hepatitis C consin (Mr. OBEY) and the gentleman amendment, attempts in some small Virus (HCV) infection. HCV is the most com- from Ohio (Mr. REGULA). way to address this divide. mon blood-borne infection in the United Ms. JACKSON-LEE of Texas. Mr. HCV is a particular problem for pa- States. Although many of them do not know it, Chairman, let me again join the gentle- tients coinfected with HIV. According nearly four million Americans are currently in- woman from New York (Mrs. MCCAR- to Dr. Raymond Chung, M.D., director fected, and 35,000 new infections occur each THY) on the desire to attack another of the Center for Liver Disorders at year. This insidious virus takes thousands of health issue and that is of course to see Massachusetts General Hospital, lives annually—primarily through cirrhosis and the ban on assault weapons reauthor- ‘‘About 25 percent of those with HIV liver cancer. HCV costs millions of dollars in ized. are coinfected with HCV, largely be- healthcare and lost wages each year, but it re- I rise to offer an amendment on an- cause these viruses share modes of ceives inadequate attention from the public, other and very fast-growing epidemic transmission.’’ Treatment of patients the medical field, and the federal government. in our country called hepatitis C. Mr. coinfected with HCV and HIV is par- Hepatitis is an inflammation of the liver. In- Chairman, I have an amendment that ticularly challenging, because many of flammation of the liver, with swelling, tender- relates to this very grave matter as it the retroviral treatments traditionally ness, and sometimes permanent damage, can is being distributed to my colleagues. used in HIV therapies are toxic to the be caused by infection with various viruses or

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4634 Sfmt 9920 E:\CR\FM\K08SE7.078 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6827 by substances such as chemicals, drugs, and progress made toward the GAO report. I ap- going to see more violence on our alcohol. Current concern over viral hepatitis preciated receiving this award. But, what I ap- streets; we are going to see more of stems from the serious long-term health con- preciated more was at the friendship and co- these patients in our trauma hospitals, sequences for long term sufferers. operation of my constituents Ed Wendt, Tricia which is going to drive up the cost of Hepatitis C virus is one of six known types Lupole, and the whole Hepatitis C Movement health care all the way around. That is of the hepatitis virus. Hepatitis C has emerged for Awareness. Years ago, the gave me a a shame. That is preventable. We need, as a major cause of chronic liver disease both wake-up call on the tragedy of the Hep C epi- certainly, the administration to back in the United States and worldwide. It is of demic. Now it is time to wake up Washington, the police around this country and to concern because of its potential for serious and the nation by pursuing this amendment. back the health care providers around long-term health consequences, its pattern of I hope that my colleagues will join me in this country who all want to see the infection among young, hard-to-reach risk supporting this important amendment. ban put in place. groups, and the current lack of a vaccine or The CHAIRMAN. Does the gentleman b 1400 curative therapy. from Ohio wish to make his point of Some studies indicate that minority popu- order? If we do that, we can keep down lations in the U.S. are disproportionately af- Mr. REGULA. Mr. Chairman, I with- health care costs because of the gun vi- fected by the hepatitis C virus (HCV), and draw my point of order, and I move to olence and have money go into re- some reports have shown that African-Ameri- strike the last word. search for hepatitis C and for so many cans do not respond to treatment of chronic Mr. Chairman, this amendment, if I other issues that all of us here care HCV infection with the same efficacy as understand it correctly, takes $1 mil- about. whites. lion out of abstinence and puts it into Ms. JACKSON-LEE of Texas. Mr. HCV is a particular problem for patients co- CDC without any clarity as to how it Chairman, will the gentlewoman yield? infected with HIV. According to Dr. Raymond would be used in CDC. We have over $4 Mrs. MCCARTHY of New York. I Chung, MD, director of the Center for Liver billion in CDC already. I do not think yield to the gentlewoman from Texas. Disorders at Massachusetts General Hospital, that adding another $1 million would Ms. JACKSON-LEE of Texas. Mr. ‘‘About 25 percent of those with HIV are co- be significant in their total budget; and Chairman, I thank the distinguished infected with HCV, largely because these vi- in abstinence, it is important that we gentlewoman for yielding. ruses share modes of transmission.’’ Treat- kept that as tight as possible. Again, it I ask my colleagues to simply help ment of patients co-infected with HCV and HIV is a rearranging of priorities, and for us. It is simply asking $1 million for is particularly challenging because many of that reason I object to the amendment. the hepatitis C, and I thank the gentle- the retroviral treatments traditionally used in The CHAIRMAN. Does the gentleman woman from New York (Mrs. MCCAR- HIV therapies are toxic to the liver. Better in- from Wisconsin continue to reserve his THY) for her information. formation about HCV will help to develop point of order? This bill, with all the hard work of treatments that are effective for HIV and com- Mr. OBEY. Mr. Chairman, I withdraw the appropriators, and I really appre- patible with HCV. my reservation, and I move to strike ciate them, was sprung on Members on The purpose of this amendment is to in- the requisite number of words. Labor Day weekend. My apologies for crease the Hepatitis C research activities at Mr. Chairman, I would simply say the amendment being at the leg coun- the Center for Disease Control for patients that I would appreciate it if Members sel, and it is supposed to be at the who are particularly at risk for the disease or have amendments to offer that they at desk. It is now there, but I really ask resistant to conventional treatments—African- least provide each side of the com- my colleagues to look at the need. I Americans, children and adolescents, renal di- mittee with a copy of the amendment. also know my staff gave the amend- alysis patients, HIV/HCV positive patients, and I think it is a disservice to the House ment to both managers of the bill. patients with hemophilia. Because Hepatitis C when amendments are sprung on the We are talking about 300 million is a communicable disease, I believe this is an committee and we have no opportunity worldwide, close to 10 million around important step in getting this public health to review them. If we are shown them the country, veterans, children and issue under control. others infected with hepatitis C. The Back in June of this year, I joined the ‘‘Hep- ahead of time, we can help Members more we can do, the better off we are. atitis C Movement for Awareness’’ to call for a draft them correctly so that they are I believe this is a well-grounded more aggressive, and better informed, national in order. amendment that should warrant the approach to the Hepatitis C epidemic in the So it seems to me it is in the inter- support of our colleagues on both sides United States. Hepatitis C infects 300 million ests of both people who offer these of the aisle, and I would ask my col- people worldwide, including over 5.8 million amendments and it is in the interests Americans. Only 20% of those infected know of the House for Members who are plan- leagues to support this. they are infected, and scientists are still un- ning to offer amendments to provide us As I indicated, CBO has indicated sure how the virus is spread, or who is most copies. It would seem to me a simple this is revenue-neutral, has no impact likely to be infected. This deadly epidemic matter of common courtesy. with respect to the issues at hand, and cannot be ignored any longer. We need ac- Mrs. MCCARTHY of New York. Mr. I would simply ask that this amend- tion. I commend the Hepatitis C Movement for Chairman, I move to strike the req- ment be supported. Awareness for its tenacity and energy in gal- uisite number of words. Mr. REGULA. Mr. Chairman, will the vanizing in Washington to make its case for Mr. Chairman, I support the Jackson- gentlewoman yield? change. Lee amendment on hepatitis C. I spent Mrs. MCCARTHY of New York. I The grassroots movement made up of Vet- over 30 years as a nurse before I came yield to the gentleman from Ohio. erans, victims of Hepatitis C, and other to Congress; and, unfortunately, hepa- Mr. REGULA. Mr. Chairman, I just healthcare advocates, came to Washington to titis C a number of times, when it is di- want to point out, we do have $22.5 mil- tell policymakers about the pressing need for agnosed, it is far too late for so many lion in the bill now for hepatitis C a viable national Hepatitis C policy. They of the patients. Unfortunately, the funding, and we recognize the impor- feared that the present policies are based on signs do not show up until the disease tance of that, and we have done all worn out assumptions, and untested is very advanced, and because we are in that we could within the budget con- hypotheses. I agreed that more information a global world now and it is becoming straints, and there is a sizable amount was needed to help lawmakers craft appro- a communicable disease, it is spreading there. priate strategies for mitigation of the rampant more rapidly. Much more research Ms. JACKSON-LEE of Texas. Mr. disease. I have been pressing the GAO for a needs to be done to see how we can stop Chairman, will the gentlewoman yield? comprehensive study of the past and present this. Mrs. MCCARTHY of New York. I Hepatitis epidemic in the United States. We But I know one of the ways that we yield to the gentlewoman from Texas. have to know where we stand, where mis- can have more money so we have the Ms. JACKSON-LEE of Texas. Mr. takes have been made, and how we can do money for research is to try and stop Chairman, let me just quickly say, I re- better. This epidemic is devastating our Vet- the amount of money that is being spect what the gentleman has done. erans and our minority communities. spent every single year because of gun One of the problems we have is we are The Hepatitis C Movement for Awareness violence. And with the assault weapons suffering because we have such a great graciously presented me with an award for ban expiring on September 13, we are percentage of our dollars going to the

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.035 H08PT1 H6828 CONGRESSIONAL RECORD — HOUSE September 8, 2004 tax cut. I think we can do more. Cer- ance Programs, ‘‘Global Fund to Fight HIV/ to research resources and general research tainly what we have is what the gen- AIDS, Malaria, and Tuberculosis’’, to remain support grants, $1,094,141,000: Provided, That tleman has been able to do, but I be- available until expended: Provided further, none of these funds shall be used to pay re- lieve this disease is so deadly that add- That up to $150,000,000 shall be for extra- cipients of the general research support mural facilities construction grants to en- grants program any amount for indirect ex- ing additional funds is a priority and hance the Nation’s capability to do research penses in connection with such grants. should be a priority when we talk on biological and other agents. NATIONAL CENTER FOR COMPLEMENTARY AND about health care and also inequity in NATIONAL INSTITUTE OF GENERAL MEDICAL ALTERNATIVE MEDICINE health care, and I thank the distin- SCIENCES For carrying out section 301 and title IV of guished gentleman. For carrying out section 301 and title IV of the Public Health Service Act with respect The CHAIRMAN. Does any other the Public Health Service Act with respect to complementary and alternative medicine, Member wish to be heard on the Jack- to general medical sciences, $1,959,810,000. $121,116,000. son-Lee amendment? NATIONAL INSTITUTE OF CHILD HEALTH AND NATIONAL CENTER ON MINORITY HEALTH AND If not, the question is on the amend- HUMAN DEVELOPMENT HEALTH DISPARITIES ment offered by the gentlewoman from For carrying out section 301 and title IV of For carrying out section 301 and title IV of Texas (Ms. JACKSON-LEE). the Public Health Service Act with respect the Public Health Service Act with respect The question was taken; and the to child health and human development, to minority health and health disparities re- search, $196,780,000. Chairman announced that the noes ap- $1,280,915,000. JOHN E. FOGARTY INTERNATIONAL CENTER peared to have it. NATIONAL EYE INSTITUTE For carrying out the activities at the John For carrying out section 301 and title IV of Ms. JACKSON-LEE of Texas. Mr. E. Fogarty International Center, $67,182,000. Chairman, I demand a recorded vote. the Public Health Service Act with respect NATIONAL LIBRARY OF MEDICINE The CHAIRMAN. Pursuant to clause to eye diseases and visual disorders, $671,578,000. For carrying out section 301 and title IV of 6 of rule XVIII, further proceedings on the Public Health Service Act with respect NATIONAL INSTITUTE OF ENVIRONMENTAL the amendment offered by the gentle- to health information communications, HEALTH SCIENCES woman from Texas (Ms. JACKSON-LEE) $316,947,000, of which $4,000,000 shall be avail- will be postponed. For carrying out sections 301 and 311 and able until expended for improvement of in- Are there further amendments to title IV of the Public Health Service Act formation systems: Provided, That in fiscal with respect to environmental health year 2005, the Library may enter into per- this paragraph of the bill? sciences, $650,027,000. Mr. REGULA. Mr. Chairman, I ask sonal services contracts for the provision of NATIONAL INSTITUTE ON AGING services in facilities owned, operated, or con- unanimous consent that the remainder structed under the jurisdiction of the Na- of the bill through page 42, line 7 be For carrying out section 301 and title IV of the Public Health Service Act with respect tional Institutes of Health: Provided further, considered as read, printed in the to aging, $1,055,666,000. That in addition to amounts provided herein, RECORD and open to amendment at any $8,200,000 shall be available from amounts NATIONAL INSTITUTE OF ARTHRITIS AND under section 241 of the Act to carry out Na- point. MUSCULOSKELETAL AND SKIN DISEASES The CHAIRMAN. Is there objection tional Information Center on Health Serv- For carrying out section 301 and title IV of to the request of the gentleman from ices Research and Health Care Technology the Public Health Service Act with respect and related health services. Ohio? to arthritis and musculoskeletal and skin OFFICE OF THE DIRECTOR There was no objection. diseases, $515,378,000. (INCLUDING TRANSFER OF FUNDS) The text of the bill from page 28, line NATIONAL INSTITUTE ON DEAFNESS AND OTHER 16 through page 42, line 7 is as follows: For carrying out the responsibilities of the COMMUNICATION DISORDERS Office of the Director, National Institutes of NATIONAL INSTITUTES OF HEALTH For carrying out section 301 and title IV of Health, $359,645,000, of which up to $7,500,000 NATIONAL CANCER INSTITUTE the Public Health Service Act with respect shall be used to carry out section 217 of this For carrying out section 301 and title IV of to deafness and other communication dis- Act: Provided, That funding shall be avail- the Public Health Service Act with respect orders, $393,507,000. able for the purchase of not to exceed 29 pas- to cancer, $4,870,025,000, of which up to NATIONAL INSTITUTE OF NURSING RESEARCH senger motor vehicles for replacement only: $8,000,000 may be used for facilities repairs For carrying out section 301 and title IV of Provided further, That the Director may di- and improvements at the NCI-Frederick Fed- the Public Health Service Act with respect rect up to 1 percent of the total amount erally Funded Research and Development to nursing research, $139,198,000. made available in this or any other Act to Center in Frederick Maryland. all National Institutes of Health appropria- NATIONAL INSTITUTE ON ALCOHOL ABUSE AND tions to activities the Director may so des- NATIONAL HEART, LUNG, AND BLOOD ALCOHOLISM ignate: Provided further, That no such appro- INSTITUTE For carrying out section 301 and title IV of priation shall be decreased by more than 1 For carrying out section 301 and title IV of the Public Health Service Act with respect percent by any such transfers and that the the Public Health Service Act with respect to alcohol abuse and alcoholism, $441,911,000. Congress is promptly notified of the transfer: to cardiovascular, lung, and blood diseases, NATIONAL INSTITUTE ON DRUG ABUSE Provided further, That the National Insti- and blood and blood products, $2,963,953,000. For carrying out section 301 and title IV of tutes of Health is authorized to collect third NATIONAL INSTITUTE OF DENTAL AND the Public Health Service Act with respect party payments for the cost of clinical serv- CRANIOFACIAL RESEARCH to drug abuse, $1,012,760,000: Provided, That in ices that are incurred in National Institutes of Health research facilities and that such For carrying out section 301 and title IV of addition to amounts provided herein, payments shall be credited to the National the Public Health Service Act with respect $6,300,000 shall be available from amounts Institutes of Health Management Fund: Pro- to dental disease, $394,080,000. under section 241 of the Act to carry out na- tional surveys on drug abuse and related vided further, That all funds credited to the NATIONAL INSTITUTE OF DIABETES AND National Institutes of Health Management analysis. DIGESTIVE AND KIDNEY DISEASES Fund shall remain available for 1 fiscal year For carrying out section 301 and title IV of NATIONAL INSTITUTE OF MENTAL HEALTH after the fiscal year in which they are depos- the Public Health Service Act with respect For carrying out section 301 and title IV of ited: Provided further, That a uniform per- to diabetes and digestive and kidney disease, the Public Health Service Act with respect centage of the amounts appropriated in this $1,726,196,000. to mental health, $1,420,609,000. Act to each Institute and Center, as deter- NATIONAL INSTITUTE OF NEUROLOGICAL NATIONAL HUMAN GENOME RESEARCH mined by the Director and totaling not more DISORDERS AND STROKE INSTITUTE than $176,800,000, may be utilized for the Na- tional Institutes of Health Roadmap Initia- For carrying out section 301 and title IV of For carrying out section 301 and title IV of tive: Provided further, That amounts utilized the Public Health Service Act with respect the Public Health Service Act with respect under the preceding proviso shall be in addi- to human genome research, $492,670,000. to neurological disorders and stroke, tion to amounts made available for the $1,545,623,000. NATIONAL INSTITUTE OF BIOMEDICAL IMAGING Roadmap Initiative from the Director’s Dis- NATIONAL INSTITUTE OF ALLERGY AND AND BIOENGINEERING cretionary Fund: Provided further, That up to INFECTIOUS DISEASES For carrying out section 301 and title IV of $500,000 shall be available to carry out sec- (INCLUDING TRANSFER OF FUNDS) the Public Health Service Act with respect tion 499 of the Public Health Service Act. to biomedical imaging and bioengineering For carrying out section 301 and title IV of BUILDINGS AND FACILITIES research, $297,647,000. the Public Health Service Act with respect (INCLUDING TRANSFER OF FUNDS) to allergy and infectious diseases, NATIONAL CENTER FOR RESEARCH RESOURCES For the study of, construction of, renova- $4,440,007,000: Provided, That $100,000,000 may For carrying out section 301 and title IV of tion of, and acquisition of equipment for, fa- be made available to International Assist- the Public Health Service Act with respect cilities of or used by the National Institutes

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.085 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6829 of Health, including the acquisition of real 111(d) of the Social Security Amendments of For making payments to each State for property, $99,500,000, to remain available 1965, section 278(d) of Public Law 97–248, and carrying out the program of Aid to Families until expended. for administrative expenses incurred pursu- with Dependent Children under title IV–A of SUBSTANCE ABUSE AND MENTAL HEALTH ant to section 201(g) of the Social Security the Social Security Act before the effective SERVICES ADMINISTRATION Act, $114,608,900,000. To ensure prompt pay- date of the program of Temporary Assistance ments of Medicare prescription drug benefits to Needy Families (TANF) with respect to SUBSTANCE ABUSE AND MENTAL HEALTH as provided under section 1860D–16 of the So- such State, such sums as may be necessary: SERVICES cial Security Act, $5,216,900,000, to become Provided, That the sum of the amounts avail- For carrying out titles V and XIX of the available on October 1, 2005, for fiscal year able to a State with respect to expenditures Public Health Service Act with respect to 2006. under such title IV–A in fiscal year 1997 substance abuse and mental health services, PROGRAM MANAGEMENT under this appropriation and under such title the Protection and Advocacy for Mentally Ill IV–A as amended by the Personal Responsi- Individuals Act, and section 301 of the Public For carrying out, except as otherwise pro- vided, titles XI, XVIII, XIX, and XXI of the bility and Work Opportunity Reconciliation Health Service Act with respect to program Act of 1996 shall not exceed the limitations management, $3,270,360,000: Provided, That in Social Security Act, titles XIII and XXVII of the Public Health Service Act, and the Clin- under section 116(b) of such Act. addition to amounts provided herein, the fol- For making, after May 31 of the current lowing amounts shall be available from ical Laboratory Improvement Amendments of 1988, not to exceed $2,746,253,000, to be fiscal year, payments to States or other non- amounts available under section 241 of the Federal entities under titles I, IV–D, X, XI, Public Health Service Act: transferred from the Federal Hospital Insur- ance and the Federal Supplementary Medical XIV, and XVI of the Social Security Act and (1) $79,200,000 to carry out subpart II of the Act of July 5, 1960 (24 U.S.C. ch. 9), for title XIX of the Public Health Service Act to Insurance Trust Funds, as authorized by sec- tion 201(g) of the Social Security Act; to- the last 3 months of the current fiscal year fund section 1935(b) technical assistance, na- for unanticipated costs, incurred for the cur- tional data, data collection and evaluation gether with all funds collected in accordance with section 353 of the Public Health Service rent fiscal year, such sums as may be nec- activities, and further that the total avail- essary. able under this Act for section 1935(b) activi- Act and section 1857(e)(2) of the Social Secu- ties shall not exceed 5 percent of the rity Act, and such sums as may be collected The CHAIRMAN. Are there amend- amounts appropriated for subpart II of title from authorized user fees and the sale of ments to this section of the bill? If not, XIX; data, which shall remain available until ex- the Clerk will read. (2) $21,803,000 to carry out subpart I of part pended: Provided, That all funds derived in The Clerk read as follows: B of title XIX of the Public Health Services accordance with 31 U.S.C. 9701 from organiza- LOW-INCOME HOME ENERGY ASSISTANCE Act to fund section 1920(b) technical assist- tions established under title XIII of the Pub- ance, national data, data collection and eval- lic Health Service Act shall be credited to (INCLUDING TRANSFER OF FUNDS) uation activities, and further that the total and available for carrying out the purposes For carrying out low-income home energy available under this Act for section 1920(b) of this appropriation: Provided further, That assistance activities, $2,227,000,000: Provided, activities shall not exceed 5 percent of the $24,400,000, to remain available until Sep- That of the total amount provided under this amounts appropriated for subpart I of part B tember 30, 2006, is for contract costs for heading, $1,900,000,000 shall be for the low-in- of title XIX; CMS’s Systems Revitalization Plan: Provided come home energy assistance program under (3) $16,000,000 to carry out national surveys further, That $78,300,000, to remain available title XXVI of the Omnibus Budget Reconcili- on drug abuse; and until September 30, 2006, is for contract costs ation Act of 1981 (42 U.S.C. 8621 et seq.): Pro- (4) $4,300,000 for substance abuse treatment for the Healthcare Integrated General Ledg- vided further, That of the total amount pro- programs. er Accounting System: Provided further, That vided under this heading, $100,000,000, to re- not less than $129,000,000 shall be for proc- AGENCY FOR HEALTHCARE RESEARCH AND main available until expended, shall be for essing Medicare appeals, of which $50,000,000 QUALITY the low-income home energy assistance pro- shall be transferred to the Social Security gram under title XXVI of the Omnibus Budg- HEALTHCARE RESEARCH AND QUALITY Administration for processing Medicare ap- et Reconciliation Act of 1981 (42 U.S.C. 8621 For carrying out titles III and IX of the peals: Provided further, That the Secretary of et seq.) for the unanticipated home energy Public Health Service Act, and part A of Health and Human Services is directed to assistance needs of one or more States, as title XI of the Social Security Act, amounts collect fees in fiscal year 2005 from authorized by section 2604(e) of such Act, and received from Freedom of Information Act Medicare+Choice organizations pursuant to notwithstanding the designation require- fees, reimbursable and interagency agree- section 1857(e)(2) of the Social Security Act ment of section 2602(e) of such Act: Provided ments, and the sale of data shall be credited and from eligible organizations with risk- further, That of the total amount provided to this appropriation and shall remain avail- sharing contracts under section 1876 of that under this heading, $227,000,000 is hereby able until expended: Provided, That the Act pursuant to section 1876(k)(4)(D) of that transferred to the Department of Energy for amount made available pursuant to section Act: Provided further, That the aggregate the weatherization assistance program under 927(c) of the Public Health Service Act shall amount under this heading is hereby reduced part A of title IV of the Energy Conservation not exceed $303,695,000. by $9,000,000, such reduction shall be allo- and Production Act (42 U.S.C. 6861 et seq.), CENTERS FOR MEDICARE AND MEDICAID cated among the programs and activities and shall remain available until expended. SERVICES under this heading (including programs and AMENDMENT OFFERED BY MR. SANDERS GRANTS TO STATES FOR MEDICAID activities for which amounts are specified under this heading) in such manner as the Mr. SANDERS. Mr. Chairman, I offer For carrying out, except as otherwise pro- Administrator of the Centers for Medicare & an amendment. vided, titles XI and XIX of the Social Secu- Medicaid Services determines to be appro- The Clerk read as follows: rity Act, $119,124,488,000, to remain available priate. Amendment offered by Mr. SANDERS: until expended. Page 42, line 11, after the dollar amount in- For making, after May 31, 2005, payments HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE FUND sert ‘‘(increased by $22,000,000)’’. to States under title XIX of the Social Secu- Page 42, line 12, after the dollar amount in- rity Act for the last quarter of fiscal year For carrying out subsections (d) and (e) of section 1308 of the Public Health Service Act, sert ‘‘(increased by $11,000,000)’’. 2005 for unanticipated costs, incurred for the Page 42, line 25, after the dollar amount in- any amounts received by the Secretary in current fiscal year, such sums as may be nec- sert ‘‘(increased by $11,000,000)’’. connection with loans and loan guarantees essary. Page 50, line 12, after the dollar amount in- under title XIII of the Public Health Service For making payments to States or in the sert ‘‘(reduced by $26,000,000)’’. case of section 1928 on behalf of States under Act, to be available without fiscal year limi- title XIX of the Social Security Act for the tation for the payment of outstanding obli- Mr. SANDERS. Mr. Chairman, let me first quarter of fiscal year 2006, gations. During fiscal year 2005, no commit- begin by thanking the gentleman from $58,517,290,000, to remain available until ex- ments for direct loans or loan guarantees Ohio (Chairman REGULA) and the gen- pended. shall be made. tleman from Wisconsin (Ranking Mem- Payment under title XIX may be made for ADMINISTRATION FOR CHILDREN AND FAMILIES ber OBEY) for their very, very hard any quarter with respect to a State plan or PAYMENTS TO STATES FOR CHILD SUPPORT EN- work on this important bill. plan amendment in effect during such quar- FORCEMENT AND FAMILY SUPPORT PRO- Mr. Chairman, as I think every ter, if submitted in or prior to such quarter GRAMS and approved in that or any subsequent quar- American from Vermont to California For making payments to States or other ter. knows, in a couple of weeks as winter non-Federal entities under titles I, IV–D, X, approaches, people are going to have a PAYMENTS TO HEALTH CARE TRUST FUNDS XI, XIV, and XVI of the Social Security Act very, very rude surprise when they For payment to the Federal Hospital In- and the Act of July 5, 1960 (24 U.S.C. ch. 9), surance and the Federal Supplementary $2,873,802,000, to remain available until ex- take a look at their home heating bills. Medical Insurance Trust Funds, as provided pended; and for such purposes for the first I do not have to tell anybody here or under section 1844, 1860D–16 and 1860D–31 of quarter of fiscal year 2006, $1,200,000,000, to anybody in America that the cost of the Social Security Act, sections 103(c) and remain available until expended. home heating fuels are skyrocketing

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.030 H08PT1 H6830 CONGRESSIONAL RECORD — HOUSE September 8, 2004 out of control, and I do not have to tell weatherization have been very success- have gun violence. Well, unfortunately, anybody here that millions and mil- ful because I think they have strong after September 13 we are probably lions and millions of Americans are tripartisan support, understanding going to start seeing an increase of going to find it increasingly difficult to that it is absurd that people lose their that because we are not allowed to pay these outrageously high costs in heat through faulty windows or roofs, bring up the assault weapons bill here order to keep warm this winter. and that it makes sense economically on the House floor. Mr. Chairman, according to the En- and environmentally to substantially It is a shame that our seniors and our ergy Information Administration, the increase weatherization. most vulnerable, who are our children price of heating oil, natural gas and Mr. Chairman, for those of us con- and the poor that live in the commu- propane are expected to skyrocket. cerned about protecting the financial nities, will be facing these guns again. They are going to go off the wall. well-being of lower-income Americans It is a shame that our police officers The amendment that I am offering and for those of us concerned about the who patrol these areas will also be fac- today would provide relief to hundreds environment, this is a very important ing these problems again. of thousands of families by increasing amendment. It will make more homes I am sorry that we are not allowed to funding for the highly successful and throughout this country energy-effi- bring up the assault weapons bill that widely supported Low Income Home cient through proper insulation. This is will expire on September 13. I hope Energy Assistance Program, the good for low-income people, it is good that the leadership will change its LIHEAP program, as well as the for the government, it is good for our mind. Weatherization Assistance Program, by environment. Mr. REGULA. Mr. Chairman, I move $22 million. This increase, I should The weatherization program also cre- to strike the requisite number of point out to my friends, would still be ates good-paying jobs, increases prop- words. $42 million below the President’s re- erty values, and decreases U.S. energy Mr. Chairman, I want to point out quest. The amendment would be offset use by the equivalent of some 15 mil- that we recognized in our bill the im- by a $26 million reduction in depart- lion barrels of oil every year. portance of LIHEAP. We did increase it mental management at the Depart- Under this program, 105,000 homes by $111 million over last year. The ment of Health and Human Services, will be weatherized this year, but much total provided in the bill is now $1.9 which would still provide, with that re- more can and must be done, and while billion, a lot of money, and that is the duction, level funding for this program. 4.8 million families received LIHEAP formula grants that go right out to the This amendment has tripartisan sup- assistance this year, over 25 million el- States. In addition, there is $100 mil- port and is being cosponsored by my igible families did not receive any help lion for the contingent emergency colleagues, the gentleman from Con- due to lack of funding from the Federal fund, and lastly, in the weatherization necticut (Mr. SIMMONS), the gentle- Government. assistance grant, which came to us woman from New York (Mrs. MCCAR- Mr. Chairman, we can do better than from the Subcommittee on the Interior THY), the gentleman from New Hamp- that, we must do better than that, and and Related Agencies, we are funded at shire (Mr. BRADLEY), the gentleman I urge my colleagues to vote ‘‘yes’’ on $227 million. from Massachusetts (Mr. MARKEY), and this important amendment. None of us know exactly what the the gentleman from Massachusetts Mrs. MCCARTHY of New York. Mr. needs will be in the coming winter. It (Mr. MEEHAN). It also enjoys the very Chairman, I move to strike the last could be severe, it could be mild; and if strong support of the National Commu- word. it is a mild winter, I think this is more nity Action Foundation. I rise in support of the Sanders-Sim- than adequate. If it is a severe winter, Mr. Chairman, from California to mons-McCarthy amendment and am we may want to do a supplemental ap- Vermont, every American knows that honored to be a cosponsor. propriation. energy costs are only going to go up This vital amendment would increase Mr. SANDERS. Mr. Chairman, will this winter. Here is what the Energy funding for the Low Income Energy As- the gentleman yield? Information Administration is pre- sistance Program and Weatherization Mr. REGULA. I yield to the gen- dicting: Compared to the winters of Assistance Program by $26 million. tleman from Vermont. 1998 to 2000, the price of natural gas Recent predictions indicate that this Mr. SANDERS. Mr. Chairman, I will be 55 percent higher; the price of winter may be one of the harshest in thank my friend for his support for heating oil will be 45 percent higher; many years in the Northeast, and the these programs over the years, and I and the price of propane will be 41 per- Energy Information Administration is am not going to argue with him about cent higher. predicting the price of heating oil, nat- the value of these programs because I LIHEAP is the primary program that ural gas and propane will skyrocket. know he appreciates the value of the provides assistance to help lower-in- By the way, those prices have already programs. come families pay their energy bills, skyrocketed. But what my friend cannot deny is and there has been no time when more LIHEAP provides the needed warmth that the cost of heating fuels are sky- people are going to need LIHEAP as- for our most vulnerable communities, rocketing. There is no debate about sistance than now. We are facing a cri- the poor, the elderly and the disabled. that, and the problem is that if we sim- sis, and if we do not act, large numbers These disadvantaged communities are ply increase weatherization and of Americans could well go cold this also, unfortunately, the most affected LIHEAP by a little bit, it is not going winter. by gun violence. to keep up with 30, 40, 50 percent in- Mr. Chairman, in this country no When we have seen over the last sev- creases in home heating fuel. American family should go without eral months that unemployment has I think my friend would recognize, heat this winter. Not one senior citizen gone up in certain areas of our coun- and none of us can predict the weather, should choose between heating their try, our seniors are facing higher med- but even with an average winter, the homes and paying for the prescription ical costs, higher prescription drug fact that heating fuels are soaring will drugs that they need. costs, now a 17 percent increase on mean that fewer dollars will be avail- Mr. Chairman, LIHEAP and weather- their Medicare. Adding any little bit, able to people, or we are going to have ization enjoy broad bipartisan support amount, as far as increases on heating to cut back on the number of people in Congress. Last March, more than 70 is going to be a problem for them. that utilize the programs. Members of both the House and Senate, As my colleague from Vermont has All I am doing, this is not a multibil- including 20 Republicans, cosigned let- said, there is no one in this country lion-dollar increase, and I know my ters calling for $3 billion in funding for that should be cold, but also another friend’s heart is in the right place on LIHEAP. Even if this amendment were thing that happens, unfortunately, in this issue. It is a relatively modest in- signed into law, LIHEAP would still be this poorest of the poor communities is crease of $22 million. I would appre- more than $500 million short of that the gun violence we see on a daily ciate support for it. mark. basis. I could speak about that in my Mr. REGULA. Mr. Chairman, re- Similar amendments that I have of- own district of Long Island. I know claiming my time, it seems easy to fered in the past to increase funding for they say the suburban areas do not take this out of the administrative

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.089 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6831 budget of the Secretary of Health and people living in poverty has increased come Americans, the elderly and disabled stay Human Services, but let me point out by 4.3 million, and the median family warm this winter. This increased investment that he has a great challenge in over- income has dropped by over $1,500. The for our Nation’s most vulnerable population sight to manage that Department ef- median family is the exact mid-point would be offset by a $26 million reduction in fectively, and that is part of his admin- among our roughly 100 million Amer- Departmental Management at the Department istrative budget. ican families, and all families with in- of Health and Human Services which would Within that budget, he has to admin- come below that median family’s in- still provide level funding for this program. ister the Centers for Disease Control, come have lost income. Families are The Energy Information Administration is the National Institutes of Health, the already struggling to pay high and ris- predicting that the price of heating oil, natural FDA, HRSA, SAMHSA, the Indian ing gasoline and health care costs. gas and propane will skyrocket this winter. Health Services, CMS, the children and So the Low-Income Home Energy As- Compared to average heating costs from 1998 families programs, the older americans sistance Program, the LIHEAP pro- to 2000, consumers are expected to pay 55 programs and the health care quality. gram, is the primary program that pro- percent more for natural gas; 45 percent more Now, that is quite a range of services vides assistance to help lower-income for heating oil; and 41 percent more for pro- that he has to manage effectively if families pay their energy bills. There pane. Heating a home with natural gas will they are going to serve the public well, has been no time when more people are cost an average of $1,049 this winter; heating and we are faced with some priority going to need LIHEAP assistance than with fuel oil will cost $1,094; and, heating with choices here. now. This amendment would provide propane will cost $1,361. Mr. SANDERS. Mr. Chairman, if my modest, but important, relief to thou- This increased cost in energy couldn’t come friend would further yield, I under- sands of these families by increasing at a worse time. Since 2001, the number of stand that, and it is like I would not be funding for the LIHEAP and Weather- people living in poverty has increased by 4.3 unhappy if the gentleman took care of ization Assistance Program by about million, and the average family income has that in conference. I know it is a tough $22 million. The increase proposed by dropped by over $1,500. LIHEAP and WAP judgment. this amendment would still leave that are needed now more than ever to make sure I simply would like the Members to LIHEAP account $42 million below the that on the richest country on earth, our con- stand up for folks who might go cold President’s request. stituents don’t have to make the unacceptable this winter. That is the point that I Mr. Chairman, not one family should choice between heating their homes and feed- want to make. I am not going to get in go without heat this winter, and not ing their families. a great argument with my colleague one senior citizen should have to Last March, more than 70 Members of both here. And perhaps he can adjust that in choose between heating their home and the House and Senate, including 20 Repub- conference. purchasing their prescription drugs. I licans, co-signed letters in support of $3 billion Mr. REGULA. Mr. Chairman, well, if urge my colleagues to vote ‘‘yes’’ on in funding for LIHEAP. Even if this amendment the gentleman would be willing to this important amendment when it was signed into law, LIHEAP would still be withdraw, we certainly would keep it comes up later. more than $500 million short of this mark. in mind in conference, because I under- Mr. BRADLEY of New Hampshire. Simply put, Weatherization and LIHEAP stand. I come from a State where it Mr. Chairman, I move to strike the work. WAP has allowed low-income families to gets reasonably cold in the winter, too. requisite number of words. save more than $200 a year in heating costs. Mr. Chairman, I rise in support of the These modest savings can be used for other b 1415 amendment of the gentleman from important family needs such as food, clothing, I understand what the gentleman is Vermont, and thank also the chairman, housing and other basic necessities of life. saying about fuel costs. We do not the gentleman from Ohio (Mr. REGULA), And, LIHEAP is a vital safety net for our Na- know, I see gasoline is like a yo-yo. for his support of LIHEAP funding, tion’s low-income families which reduces the One day it is $1.89 out my way, and the both in this budget and in the past. percentage of their income spent on residen- next day it is $1.69. But the problem for However, given the recent run-up in tial energy costs. Unaffordable home energy the Secretary of HHS to manage all the cost of all kinds of petroleum prod- can result in: homelessness; health and safety these agencies, what we have tried to ucts, gasoline, to say nothing of nat- problems, such as malnutrition, hypothermia do is put in a reasonable amount for ural gas and the price of oil, this is a and heat stroke; and, lack of educational at- his needs. very important issue for all of us in the tainment for children. LIHEAP protects public Now, in conference, maybe we can ad- Northeast and in the cold-weather health and safety by keeping families warm in dress this, and we would certainly keep States. the winter and cool in the summer. it in mind if the gentleman would con- Before I became a Member of Con- For all of these reasons I support this sider withdrawing it. gress, I served in the New Hampshire amendment. Mr. SANDERS. If the gentleman will legislature, and I chaired the com- Mr. MARKEY. Mr. Chairman, I rise in sup- continue to yield, Mr. Chairman, I mittee that dealt with all of the energy port of this important amendment, which I am think it is best to give the Members an issues, so I know firsthand how impor- pleased to join in cosponsoring. opportunity to express their will on tant LIHEAP funding on a Federal This amendment would provide a modest this, but I thank the gentleman very, basis is for all of the cold-weather boost to the funding levels for these two pro- very much. States. We have seen over the last sev- grams—$11 million more for LIHEAP and $11 Mr. OLVER. Mr. Chairman, I move to eral years the price of natural gas in- million more for Weatherization. This addi- strike the requisite number of words. crease by over 50 percent, the price of tional funding is desperately needed, but it Mr. Chairman, I thank the gentleman oil by 45 percent, propane by 40 per- would still leave many needs unmet. LIHEAP from Vermont for bringing forth this cent; and it is going to cost, Mr. Chair- alone needs $1 billion above the $1.9 billion very, very important amendment. Tens man, over $1,000 to heat an average level in this bill to simply maintain the pur- of millions of families in America are home this winter with natural gas, oil, chasing power it enjoyed in 1982. Meanwhile, in for bad news this winter when they and propane. So this modest amount of we are seeing greatly increased volatility in oil get their heating bills in the mail. Ac- money, $22 million, which would come and natural gas markets which threaten con- cording to the Energy Information Ad- out of overhead and administration, is sumers with higher home heating prices this ministration, the prices of heating oil very important to my region of the winter. The Department of Energy reports that and natural gas are expected to sky- country, and I ask my colleagues to consumers are expected to pay 55 percent rocket. The EIA predicts that com- support this amendment. more for natural gas; 45 percent more for pared to the winter of just 4 years ago, Mr. SIMMONS. Mr. Chairman, I rise to sup- heating oil; and 41 percent more for propane the price of natural gas will be 55 per- port this amendment to increase funding for than they did in the years between 1998 and cent higher and the price of heating oil the highly successful Low Income Home En- 2000. As a result, heating a home with natural will be 45 percent higher this winter. ergy Assistance Program (LIHEAP) and gas will cost an average of $1,049 this winter; Now, these increased costs could not Weatherization Assistance Program (WAP) by heating with fuel oil will cost $1,094; and, come at a worse time. According to our $22 million. This modest increase in funding heating with propane will cost $1,361. Census Bureau, since 2001, when Presi- would still be $42 million below the President’s According to the Census Bureau, nearly 36 dent Bush took office, the number of request, but it could help thousands of low-in- million Americans—including almost 13 million

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4634 Sfmt 9920 E:\CR\FM\K08SE7.090 H08PT1 H6832 CONGRESSIONAL RECORD — HOUSE September 8, 2004 children—now live in poverty. That is an in- PAYMENTS TO STATES FOR THE CHILD CARE to carry out the provisions of section 1110 of crease of over a million people in the last year AND DEVELOPMENT BLOCK GRANT the Social Security Act: Provided further, alone. Faced with a growing number of fami- For carrying out sections 658A through That to the extent Community Services 658R of the Omnibus Budget Reconciliation Block Grant funds are distributed as grant lies in poverty, the Republican leadership has funds by a State to an eligible entity as pro- brought to the floor an appropriations bill that Act of 1981 (The Child Care and Development Block Grant Act of 1990), $2,099,729,000 shall vided under the Act, and have not been ex- does little to help those Americans who have be used to supplement, not supplant state pended by such entity, they shall remain fallen below the poverty line. It seems the Re- general revenue funds for child care assist- with such entity for carryover into the next fiscal year for expenditure by such entity publican leadership would rather protect Presi- ance for low-income families: Provided, That consistent with program purposes: Provided dent Bush’s tax cuts for the wealthiest Ameri- $19,120,000 shall be available for child care re- further, That the Secretary shall establish source and referral and school-aged child cans than lend a helping hand to the poorest procedures regarding the disposition of in- care activities, of which $1,000,000 shall be for Americans. tangible property which permits grant funds, For the low income families and seniors of the Child Care Aware toll free hotline: Pro- or intangible assets acquired with funds au- Massachusetts and the rest of New England, vided further, That, in addition to the thorized under section 680 of the Community amounts required to be reserved by the Services Block Grant Act, as amended, to be- winter—and increased utility bills—will be here States under section 658G, $272,672,000 shall too soon. Many families and seniors will once come the sole property of such grantees after be reserved by the States for activities au- a period of not more than 12 years after the again be faced with the difficult decision be- thorized under section 658G, of which end of the grant for purposes and uses con- tween heating and eating. $100,000,000 shall be for activities that im- sistent with the original grant: Provided fur- Two crucial programs that help low-income prove the quality of infant and toddler care: ther, That funds appropriated for section families and seniors deal with the high cost of Provided further, That $9,864,000 shall be for 680(a)(2) of the Community Services Block heating their homes in the winter are the Low use by the Secretary for child care research, Grant Act, as amended, shall be available for demonstration, and evaluation activities. Income Home Energy Assistance Program financing construction and rehabilitation (LIHEAP) and the Weatherization Assistance SOCIAL SERVICES BLOCK GRANT and loans or investments in private business For making grants to States pursuant to enterprises owned by community develop- Program. This appropriations bill’s funding lev- ment corporations: Provided further, That els for these two crucial programs are inad- section 2002 of the Social Security Act, $1,700,000,000: Provided, That notwithstanding $55,000,000 is for a compassion capital fund to equate to meet the current and growing needs subparagraph (B) of section 404(d)(2) of such provide grants to charitable organizations to of low-income Americans. Act, the applicable percent specified under emulate model social service programs and There is bipartisan support from legislators such subparagraph for a State to carry out to encourage research on the best practices representing warm and cold climates to raise State programs pursuant to title XX of such of social service organizations: Provided fur- LIHEAP’s funding to $3 billion, but this appro- Act shall be 4.5 percent. ther, That $15,000,000 shall be for activities authorized by the Help America Vote Act of priations bill is nowhere near that level of CHILDREN AND FAMILIES SERVICES PROGRAMS 2002, of which $10,000,000 shall be for pay- funding. I urge my colleagues to pass this For carrying out, except as otherwise pro- ments to States to promote access for voters amendment today as a first step to meeting vided, the Runaway and Homeless Youth with disabilities, and of which $5,000,000 shall LIHEAP needs in the very near future. We Act, the Developmental Disabilities Assist- be for payments to States for protection and owe the low-income families that rely on this ance and Bill of Rights Act, the Head Start advocacy systems for voters with disabil- program no less. Act, the Child Abuse Prevention and Treat- ities: Provided further, That $105,046,000 is ment Act, sections 310 and 316 of the Family only for making competitive grants to pro- I urge adoption of the amendment. Violence Prevention and Services Act, as vide abstinence education (as defined by sec- The CHAIRMAN. Does any other amended, the Native American Programs tion 510(b)(2) of the Social Security Act) to Member wish to be heard on the Sand- Act of 1974, title II of Public Law 95–266 adolescents, and for Federal costs of admin- ers amendment? (adoption opportunities), the Adoption and istering the grant: Provided further, That If not, the question is on the amend- Safe Families Act of 1997 (Public Law 105–89), grants under the immediately preceding pro- ment offered by the gentleman from sections 1201 and 1211 of the Children’s viso shall be made only to public and private entities which agree that, with respect to an Vermont (Mr. SANDERS). Health Act of 2000, the Abandoned Infants adolescent to whom the entities provide ab- The question was taken; and the Assistance Act of 1988, sections 261 and 291 of the Help America Vote Act of 2002, part B(1) stinence education under such grant, the en- Chairman announced that the noes ap- of title IV and sections 413, 429A, 1110, and tities will not provide to that adolescent any peared to have it. 1115 of the Social Security Act, and sections other education regarding sexual conduct, Mr. SANDERS. Mr. Chairman, I de- 40155, 40211, and 40241 of Public Law 103–322; except that, in the case of an entity ex- mand a recorded vote. for making payments under the Community pressly required by law to provide health in- The CHAIRMAN. Pursuant to clause Services Block Grant Act, sections 439(h), formation or services the adolescent shall 473A, and 477(i) of the Social Security Act, not be precluded from seeking health infor- 6 of rule XVIII, further proceedings on mation or services from the entity in a dif- the amendment offered by the gen- and title IV of Public Law 105–285, and for necessary administrative expenses to carry ferent setting than the setting in which ab- tleman from Vermont (Mr. SANDERS) out said Acts and titles I, IV, V, X, XI, XIV, stinence education was provided: Provided will be postponed. XVI, and XX of the Social Security Act, the further, That within amounts provided herein Are there further amendments to Act of July 5, 1960 (24 U.S.C. ch. 9), the Omni- for abstinence education for adolescents, up this paragraph of the bill? bus Budget Reconciliation Act of 1981, title to $10,000,000 may be available for a national If not, the Clerk will read. IV of the Immigration and Nationality Act, abstinence education campaign: Provided fur- ther, That in addition to amounts provided The Clerk read as follows: section 501 of the Refugee Education Assist- ance Act of 1980, sections 40155, 40211, and herein for abstinence education for adoles- REFUGEE AND ENTRANT ASSISTANCE 40241 of Public Law 103–322, and section 126 cents, $4,500,000 shall be available from For necessary expenses for refugee and en- and titles IV and V of Public Law 100–485, amounts available under section 241 of the trant assistance activities and for costs asso- $8,985,663,000, of which $32,103,000, to remain Public Health Services Act to carry out eval- ciated with the care and placement of unac- available until September 30, 2006, shall be uations (including longitudinal evaluations) companied alien children authorized by title for grants to States for adoption incentive of adolescent pregnancy prevention ap- IV of the Immigration and Nationality Act payments, as authorized by section 473A of proaches: Provided further, That $2,000,000 and section 501 of the Refugee Education As- title IV of the Social Security Act (42 U.S.C. shall be for improving the Public Assistance sistance Act of 1980 (Public Law 96–422), for 670–679) and may be made for adoptions com- Reporting Information System, including carrying out section 462 of the Homeland Se- pleted before September 30, 2005: Provided grants to States to support data collection curity Act of 2002 (Public Law 107–296), and further, That $6,898,580,000 shall be for mak- for a study of the system’s effectiveness. for carrying out the Torture Victims Relief ing payments under the Head Start Act, of PROMOTING SAFE AND STABLE FAMILIES Act of 2003 (Public Law 108–179), $491,336,000, which $1,400,000,000 shall become available For carrying out section 436 of the Social of which up to $10,000,000 shall be available October 1, 2005, and remain available through Security Act, $305,000,000 and for section 437, to carry out the Trafficking Victims Protec- September 30, 2006: Provided further, That $105,000,000. tion Act of 2003 (Public Law 108–193): Pro- $710,088,000 shall be for making payments PAYMENTS TO STATES FOR FOSTER CARE AND vided, That funds appropriated under this under the Community Services Block Grant ADOPTION ASSISTANCE heading pursuant to section 414(a) of the Im- Act: Provided further, That not less than For making payments to States or other migration and Nationality Act and section $7,184,000 shall be for section 680(3)(B) of the non-Federal entities under title IV–E of the 462 of the Homeland Security Act of 2002 for Community Services Block Grant Act, as Social Security Act, $5,037,900,000. fiscal year 2005 shall be available for the amended: Provided further, That in addition For making payments to States or other costs of assistance provided and other activi- to amounts provided herein, $5,982,000 shall non-Federal entities under title IV–E of the ties to remain available through September be available from amounts available under Act, for the first quarter of fiscal year 2006, 30, 2007. section 241 of the Public Health Service Act $1,767,200,000.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.041 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6833 For making, after May 31 of the current I encourage NIH to move expedi- the Nutrition Services Incentive Program;’’ fiscal year, payments to States or other non- tiously to finalize its proposal after after ‘‘reactions;’’. Federal entities under section 474 of title IV– considering the comments it receives Page 50, line 12, insert ‘‘(reduced by E, for the last 3 months of the current fiscal $10,000,000)’’ after the dollar amount. year for unanticipated costs, incurred for the on its policy. The public deserves noth- ing less. Mr. STUPAK (during the reading). current fiscal year, such sums as may be nec- Mr. Chairman, I ask unanimous con- essary. Mr. ISTOOK. Reclaiming my time, sent that the amendment be considered Mr. ISTOOK. Mr. Chairman, I move Mr. Chairman, I thank the gentleman for his comments. as read and printed in the RECORD. to strike the last word for the purpose The CHAIRMAN. Is there objection of engaging in a colloquy with the The CHAIRMAN. The Clerk will read. to the request of the gentleman from chairman. The Clerk read as follows: Michigan? Mr. Chairman, the committee report ADMINISTRATION ON AGING There was no objection. on the Labor-HHS bill includes lan- AGING SERVICES PROGRAMS Mr. STUPAK. Mr. Chairman, I rise to guage that encourages the National In- For carrying out, to the extent not other- offer an amendment to increase fund- stitutes of Health to adopt a policy wise provided, the Older Americans Act of ing for seniors’ meals programs by $10 that would make available to the pub- 1965, as amended, and section 398 of the Pub- lic without charge the scientific jour- lic Health Service Act, $1,403,479,000, of million. The Meals on Wheels program nal articles that report the results of which $5,500,000 shall be available for activi- is a critical lifeline to our Nation’s sen- research that has been supported with ties regarding medication management, iors who are most in need of our assist- NIH funding. As you know, Mr. Chair- screening, and education to prevent incor- ance. rect medication and adverse drug reactions; man, I have been very concerned for a The bill includes $730 million for sen- and of which $4,558,000 shall remain available ior nutrition programs, $16 million number of years that the public is not until September 30, 2007, for the White House always able to access the results of more than last year, or a 2.2 percent in- Conference on Aging. crease. I wish to thank the chairman, that research, federally funded re- OFFICE OF THE SECRETARY search, unless they had a university li- the gentleman from Ohio (Mr. REGULA), GENERAL DEPARTMENTAL MANAGEMENT brary nearby or could pay often very and the ranking member, the gen- For necessary expenses, not otherwise pro- large subscription fees of the journals, tleman from Wisconsin (Mr. OBEY), for vided, for general departmental manage- including these additional funds and costs that are beyond most families’ ment, including hire of six sedans, and for budgets. recognizing the importance of these carrying out titles III, XVII, XX, and XXI of programs to our seniors. I am offering The NIH, in response to language in the Public Health Service Act, and the the bill, has acted quickly to respond United States-Mexico Border Health Com- this amendment because, despite the to our guidance. It posted the draft pol- mission Act, $380,298,000, together with increase in the bill, the funding falls icy last Friday, September 3. Dr. $5,851,000 to be transferred and expended as far too short. Zerhouni, the Director of NIH, took authorized by section 201(g)(1) of the Social I am sure that all of us have met and care to seek comment from the various Security Act from the Hospital Insurance spoken with seniors in our districts. I Trust Fund and the Supplemental Medical am sure that the seniors have told my stakeholders involved in the issue, Insurance Trust Fund: Provided, That of the seeking comment from publishers, for- colleagues how much they depend on funds made available under this heading for senior meals assistance and the Meals profit and nonprofit groups, from sci- carrying out title XX of the Public Health entists, and from advocates for curing Service Act, $13,120,000 shall be for activities on Wheels program, or the meals they different diseases; and he has held specified under section 2003(b)(2), all of which receive at the senior centers. I am sure three public meetings. Dr. Zerhouni shall be for prevention service demonstra- that if Members, like I have done in heard some powerful stories from pa- tion grants under section 510(b)(2) of title V the past, would go out and actually de- tients and family members who were of the Social Security Act, as amended, liver senior meals to the homes of without application of the limitation of sec- homebound seniors, they would realize struggling to learn as much as they tion 2010(c) of said title XX: Provided further, could about treatment for serious dis- how important not just these prepared That of this amount, $25,000,000 shall be for meals are but also the social inter- eases that affect them and their loved advancing health care information tech- ones and had previously been unable to nology nationally, including demonstration action these homebound seniors have access some of the key information project grants; $52,838,000 shall be for minor- with members of the public. that could help them. ity AIDS prevention and treatment activi- I have heard from the area agencies Dr. Zerhouni has produced a draft ties; $14,847,000 shall be for an Information on aging in my district that they are proposal from NIH that carefully bal- Technology Security and Innovation Fund cutting meals they are offering. In ances the interests of these groups; for Department-wide activities involving Michigan, we have had to cut back sig- cybersecurity, information technology secu- and, most importantly, Mr. Chairman, nificantly weekend meals, evening rity, and related innovation projects; and meals, and even the senior lunch it moves NIH in the direction of mak- $5,000,000 shall be to assist Afghanistan in ing more research available to the peo- the development of maternal and child meals. The challenges faced by our ple who financed it, namely, the Amer- health clinics, consistent with section Meals on Wheels program is com- ican taxpayers. 103(a)(4)(H) of the Afghanistan Freedom Sup- pounded by the fiscal problems of the Mr. Chairman, I see the action by the port Act of 2002. States that have not been able to in- NIH to date as being consistent with AMENDMENT OFFERED BY MR. STUPAK crease their contributions, despite the language in our bill, and I would Mr. STUPAK. Mr. Chairman, I offer their acknowledgment that the need appreciate the chairman’s thoughts on an amendment. for these programs continues to grow. this. Mr. REGULA. Mr. Chairman, I re- This amendment would simply in- Mr. REGULA. Mr. Chairman, will the serve a point of order on this, and we crease funding for the Nutrition Serv- gentleman yield? do not have a copy of the amendment. ices Incentives Program by $10 million Mr. ISTOOK. I yield to the gen- The CHAIRMAN. If the gentleman to $160 million. The House approved a tleman from Ohio. could provide us with a copy, we will similar amendment of mine back in Mr. REGULA. Mr. Chairman, I have distribute it to everybody. 2001. Unfortunately, that amendment been very pleased to see that NIH has Is there objection to the gentleman back in the 2001 appropriation bill to responded so quickly and thoughtfully from Michigan offering his amendment increase funding for the program to to the House report language. I think at this point? $160 million was dropped in conference. it is a very simple proposition: NIH, or There was no objection. That was 4 years ago, and funding for the taxpayer, pays for the research, The CHAIRMAN. The Clerk will re- senior meals programs has stayed basi- even pays for the journals, and should port the amendment. cally flat until this year. be able to share the results with the The Clerk read as follows: Mr. Chairman, we need to make this taxpaying public. Our investment in re- investment now. Nationally, 4.6 million Amendment offered by Mr. STUPAK: search is not well served by a process Page 49, line 25, insert ‘‘(increased by Meals on Wheels meals were cut last that limits taxpayer access instead of $10,000,000)’’ after the 1st dollar amount. year, and a number of congregate expanding it, and I should add public Page 50, line 3, insert ‘‘; of which meals were cut by 2.9 million, for a access. $160,414,000 shall be available to carry out total of 7.5 million meals that had to

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.031 H08PT1 H6834 CONGRESSIONAL RECORD — HOUSE September 8, 2004 be cut last year because of lack of The CHAIRMAN. The Clerk will read. vention or the Public Health Service, both funding. These decreases in funding ig- The Clerk read as follows: civilian and Commissioned Officers, detailed to States, municipalities, or other organiza- nore the 25 percent increase in the OFFICE OF INSPECTOR GENERAL tions under authority of section 214 of the number of Americans who are expected For expenses necessary for the Office of In- Public Health Service Act for purposes re- spector General, including the hire of pas- to be eligible for the Older Americans lated to homeland security, shall be treated senger motor vehicles for investigations, in Act programs in the next 5 years. as non-Federal employees for reporting pur- carrying out the provisions of the Inspector poses only and shall not be included within b 1430 General Act of 1978, as amended, $40,323,000: any personnel ceiling applicable to the Agen- That of such amount, necessary It is critical that we include the Provided, cy, Service, or the Department of Health and sums are available for providing protective highest level of funding possible for Human Services during the period of detail services to the Secretary and investigating senior nutrition programs. I under- or assignment. non-payment of child support cases for which stand and I appreciate the work of the In addition, $450,000,000, to remain avail- non-payment is a Federal offense under 18 able until expended, for the Strategic Na- committee and what they have done to U.S.C. 228. increase funding. I appreciate the fact tional Stockpile: Provided, That subject to 31 OFFICE FOR CIVIL RIGHTS U.S.C. 1531, there shall be transferred to the that both the ranking member and the For expenses necessary for the Office for Secretary of Health and Human Services the chairman have indicated that, if pos- Civil Rights, $32,043,000, together with not to functions, assets, unexpended balances (in- sible, they will try to increase funding exceed $3,314,000 to be transferred and ex- cluding those from appropriations authorized in the conference report. pended as authorized by section 201(g)(1) of under section 121(3) of Public Law 107–188 and Mr. Chairman, I will ask unanimous the Social Security Act from the Hospital prior authorities); and liabilities of the Stra- consent to withdraw my amendment Insurance Trust Fund and the Supplemental tegic National Stockpile, including the func- with the understanding that we will Medical Insurance Trust Fund. tions of the Secretary of Homeland Security continue to work to increase funding in POLICY RESEARCH relating thereto: Provided further, That the the future. This program is critically For carrying out, to the extent not other- stockpile shall be deployed as deemed appro- wise provided, research studies under section priate by the Secretary, or when requested important to our seniors. While I ap- by the Secretary of Homeland Security. preciate the appropriators’ work, I 1110 of the Social Security Act and title III of the Public Health Service Act, $20,750,000, In addition, for activities to ensure a year- think we need to continue to highlight which shall be available from amounts avail- round influenza vaccine production capacity the concerns that we have for the lack able under section 241 of the Public Health and the development and implementation of of funds for the Senior Meal Program. Service Act to carry out national health or rapidly expandable influenza vaccine produc- Mr. Chairman, I ask unanimous con- human services research and evaluation ac- tion technologies, $60,000,000, to remain sent to withdraw my amendment. tivities: Provided, That the expenditure of available until expended. The CHAIRMAN. Without objection, any funds available under section 241 of the GENERAL PROVISIONS the amendment is withdrawn. Public Health Service Act is subject to the SEC. 201. Funds appropriated in this title There was no objection. requirements of section 206 of this Act. shall be available for not to exceed $50,000 for Mrs. MCCARTHY of New York. Mr. RETIREMENT PAY AND MEDICAL BENEFITS FOR official reception and representation ex- Chairman, I move to strike the last COMMISSIONED OFFICERS penses when specifically approved by the For retirement pay and medical benefits of Secretary. word. SEC. 202. The Secretary shall make avail- Mr. Chairman, when I hear my col- Public Health Service Commissioned Officers as authorized by law, for payments under the able through assignment not more than 60 leagues from both sides of the aisle of- Retired Serviceman’s Family Protection employees of the Public Health Service to fering all of these amendments obvi- Plan and Survivor Benefit Plan, for medical assist in child survival activities and to ously to help our constituents from all care of dependents and retired personnel work in AIDS programs through and with over the country, and I thank my under the Dependents’ Medical Care Act (10 funds provided by the Agency for Inter- chairman and the ranking member for U.S.C. ch. 55 and 56), and for payments pursu- national Development, the United Nations working so hard to bring us everything ant to section 229(b) of the Social Security International Children’s Emergency Fund or Act (42 U.S.C. 429(b)), such amounts as may the World Health Organization. we need. I think more of us as Members SEC. 203. None of the funds appropriated should sit here instead of trying to be required during the current fiscal year. The following are definitions for the medical under this Act may be used to implement watch this on television. I know that benefits of the Public Health Service Com- section 399F(b) of the Public Health Service we are working very hard to keep the missioned Officers that apply to 10 U.S.C. Act or section 1503 of the National Institutes people of the United States com- chapter 56, section 1116(c). The source of of Health Revitalization Act of 1993, Public fortable, to make sure they have heat funds for the monthly accrual payments into Law 103–43. and do research to keep them healthy, the Department of Defense Medicare-Eligible SEC. 204. None of the funds appropriated in this Act for the National Institutes of and yet we have a program in place Retiree Health Care Fund shall be the Re- tirement Pay and Medical Benefits for Com- Health, the Agency for Healthcare Research that is going to expire on September and Quality, and the Substance Abuse and 13, which is the assault weapons bill. missioned Officers account. For purposes of this Act, the term ‘‘pay of members’’ shall be Mental Health Services Administration shall Yet we are not allowed to bring it up construed to be synonymous with retirement be used to pay the salary of an individual, on the floor to talk about it. That is a payments to United States Public Health through a grant or other extramural mecha- shame. This is something that is work- Service officers who are retired for age, dis- nism, at a rate in excess of Executive Level ing, does not cost any money, and yet ability, or length of service; payments to I. as Members of Congress we are not al- survivors of deceased officers; medical care SEC. 205. None of the funds appropriated in this title for Head Start shall be used to pay lowed to bring the bill up for a vote, to active duty and retired members and de- pendents and beneficiaries; and for payments the compensation of an individual, either as and the American people want it. direct costs or any proration as an indirect I thank the committee and sub- to the Social Security Administration for military service credits; all of which pay- cost, at a rate in excess of Executive Level committee chairmen for doing the hard ments are provided for by the Retirement II. work they are doing, but I wish we Pay and Medical Benefits for Commissioned SEC. 206. None of the funds appropriated in could debate the assault weapons ban. Officers account. this Act may be expended pursuant to sec- tion 241 of the Public Health Service Act, ex- The police officers on the street want PUBLIC HEALTH AND SOCIAL SERVICES to keep this ban in place. The health cept for funds specifically provided for in EMERGENCY FUND this Act, or for other taps and assessments care professionals want to keep this (INCLUDING TRANSFER OF FUNDS) made by any office located in the Depart- ban in place. Every help organization For expenses necessary to support activi- ment of Health and Human Services, prior to wants to keep this ban in place. All of ties related to countering potential biologi- the Secretary’s preparation and submission the different organizations which rep- cal, disease, nuclear, radiological, and chem- of a report to the Committee on Appropria- resent children want to keep the ban in ical threats to civilian populations, tions of the Senate and of the House detail- place. I do not understand why we do $1,842,247,000: Provided, That this amount is ing the planned uses of such funds. not bring that issue to the floor for a distributed as follows: Centers for Disease SEC. 207. Notwithstanding section 241(a) of vote. I hope by Monday, September 13, Control and Prevention, $1,187,760,000; Office the Public Health Service Act, such portion of the Secretary, $64,438,000; National Insti- as the Secretary shall determine, but not the White House will heed our call. I tutes of Health, $47,400,000; and Health Re- more than 2.3 percent, of any amounts appro- hope that the Speaker of the House sources and Services Administration, priated for programs authorized under said will heed our call and answer to the $542,649,000: Provided further, That employees Act shall be made available for the evalua- American people. of the Centers for Disease Control and Pre- tion (directly, or by grants or contracts) of

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.097 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6835

the implementation and effectiveness of such Secretary of Health and Human Services by SEC. 217. (a) AUTHORITY.—Notwithstanding programs. May 1, 2005 that the State will commit addi- any other provision of law, the Director of (TRANSFER OF FUNDS) tional State funds, in accordance with sub- the National Institutes of Health may use section (b), to ensure compliance with State funds available under section 402(i) of the SEC. 208. Not to exceed 1 percent of any dis- laws prohibiting the sale of tobacco products cretionary funds (pursuant to the Balanced Public Health Service Act (42 U.S.C. 282(i)) to to individuals under 18 years of age. Budget and Emergency Deficit Control Act enter into transactions (other than con- (b) The amount of funds to be committed tracts, cooperative agreements, or grants) to of 1985, as amended) which are appropriated by a State under subsection (a) shall be for the current fiscal year for the Depart- carry out research in support of the NIH equal to 1 percent of such State’s substance Roadmap Initiative of the Director. ment of Health and Human Services in this abuse block grant allocation for each per- (b) PEER REVIEW.—In entering into trans- Act may be transferred between appropria- centage point by which the State misses the tions, but no such appropriation shall be in- actions under subsection (a), the Director of retailer compliance rate goal established by the National Institutes of Health may utilize creased by more than 3 percent by any such the Secretary of Health and Human Services such peer review procedures (including con- transfer: Provided, That an appropriation under section 1926 of such Act. may be increased by up to an additional 2 (c) The State is to maintain State expendi- sultation with appropriate scientific experts) percent subject to approval by the House and tures in fiscal year 2005 for tobacco preven- as the Director determines to be appropriate Senate Committees on Appropriations: Pro- tion programs and for compliance activities to obtain assessments of scientific and tech- vided further, That the Appropriations Com- at a level that is not less than the level of nical merit. Such procedures shall apply to mittees of both Houses of Congress are noti- such expenditures maintained by the State such transactions in lieu of the peer review fied at least 15 days in advance of any trans- for fiscal year 2004, and adding to that level and advisory council review procedures that fer. the additional funds for tobacco compliance would otherwise be required under sections SEC. 209. The Director of the National In- activities required under subsection (a). The 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), stitutes of Health, jointly with the Director State is to submit a report to the Secretary 492, and 494 of the Public Health Service Act of the Office of AIDS Research, may transfer on all fiscal year 2004 State expenditures and (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), up to 3 percent among institutes and centers all fiscal year 2005 obligations for tobacco 284a(a)(3)(A), 289a, and 289c). from the total amounts identified by these prevention and compliance activities by pro- SEC. 218. The unobligated balance of the two Directors as funding for research per- gram activity by July 31, 2005. funds appropriated by section 1897(g) of the taining to the human immunodeficiency (d) The Secretary shall exercise discretion Social Security Act, as added by section 1016 virus: Provided, That the Congress is prompt- in enforcing the timing of the State obliga- of the Medicare Prescription Drug, Improve- ly notified of the transfer. tion of the additional funds required by the ment, and Modernization Act of 2003 (Public SEC. 210. Of the amounts made available in certification described in subsection (a) as Law 108–173), is rescinded. this Act for the National Institutes of late as July 31, 2005. (e) None of the funds appropriated by this Mr. REGULA (during the reading). Health, the amount for research related to Act may be used to withhold substance abuse Mr. Chairman, I ask unanimous con- the human immunodeficiency virus, as joint- funding pursuant to section 1926 from a terri- sent that the remainder of the bill ly determined by the Director of the Na- tory that receives less than $1,000,000. tional Institutes of Health and the Director through page 63, line 13, be considered SEC. 215. In order for the Centers for Dis- as read, printed in the RECORD, and of the Office of AIDS Research, shall be made ease Control and Prevention to carry out available to the ‘‘Office of AIDS Research’’ international health activities, including open to amendment at any point. account. The Director of the Office of AIDS HIV/AIDS and other infectious disease, The CHAIRMAN. Is there objection Research shall transfer from such account chronic and environmental disease, and to the request of the gentleman from amounts necessary to carry out section other health activities abroad during fiscal Ohio? 2353(d)(3) of the Public Health Service Act. year 2005, the Secretary of Health and There was no objection. SEC. 211. None of the funds appropriated in Human Services— this Act may be made available to any enti- (1) may exercise authority equivalent to The CHAIRMAN. Are there any ty under title X of the Public Health Service that available to the Secretary of State in amendments to the portion of the bill Act unless the applicant for the award cer- section 2(c) of the State Department Basic now open? tifies to the Secretary that it encourages Authorities Act of 1956 (22 U.S.C. 2669(c)). If not, the Clerk will read. family participation in the decision of mi- The Secretary of Health and Human Services The Clerk read as follows: nors to seek family planning services and shall consult with the Secretary of State and that it provides counseling to minors on how relevant Chief of Mission to ensure that the SEC. 219. (a) CMS PROGRAM MANAGEMENT to resist attempts to coerce minors into en- authority provided in this section is exer- ACCOUNT.—The amount otherwise provided gaging in sexual activities. cised in a manner consistent with section 207 by this Act for ‘‘Centers for Medicare and SEC. 212. None of the funds appropriated by of the Foreign Service Act of 1980 (22 U.S.C. Medicaid Services—Program Management’’ this Act (including funds appropriated to any 3927) and other applicable statutes adminis- is hereby reduced by $155,000,000. trust fund) may be used to carry out the tered by the Department of State, and (b) MEDICARE CLAIMS PROCESSING FEE.— Medicare+Choice program if the Secretary (2) is authorized to provide such funds by (1) IN GENERAL.—Notwithstanding section denies participation in such program to an advance or reimbursement to the Secretary 1842(c)(4) of the Social Security Act, each otherwise eligible entity (including a Pro- of State as may be necessary to pay the claim submitted by an individual or entity vider Sponsored Organization) because the costs of acquisition, lease, alteration, ren- furnishing items or services for which pay- entity informs the Secretary that it will not ovation, and management of facilities out- ment may be made under part A or part B of provide, pay for, provide coverage of, or pro- side of the United States for the use of the title XVIII of such Act is subject to a proc- vide referrals for abortions: Provided, That Department of Health and Human Services. essing fee of $5.00 if the claim— the Secretary shall make appropriate pro- The Department of State shall cooperate (A) duplicates, in whole or in part, another spective adjustments to the capitation pay- fully with the Secretary of Health and claim submitted by the same individual or ment to such an entity (based on an actuari- Human Services to ensure that the Depart- entity; or ally sound estimate of the expected costs of ment of Health and Human Services has se- (B) is a claim that cannot be processed and providing the service to such entity’s enroll- cure, safe, functional facilities that comply must be returned by the medicare claims ees): Provided further, That nothing in this with applicable regulation governing loca- processing contractor involved to the indi- section shall be construed to change the tion, setback, and other facilities require- vidual or entity for completion or correc- Medicare program’s coverage for such serv- ments and serve the purposes established by tion. ices and a Medicare+Choice organization de- this Act. The Secretary of Health and (2) DEDUCTION AND TRANSFER.—The Sec- scribed in this section shall be responsible Human Services is authorized, in consulta- retary of Health and Human Services shall for informing enrollees where to obtain in- tion with the Secretary of State, through deduct any fees assessed pursuant to para- formation about all Medicare covered serv- grant or cooperative agreement, to make graph (1) against an individual or entity ices. available to public or nonprofit private insti- from amounts otherwise payable from a SEC. 213. Notwithstanding any other provi- tutions or agencies in participating foreign trust fund under such title to such individual sion of law, no provider of services under countries, funds to acquire, lease, alter, or or entity, and shall transfer the amount so title X of the Public Health Service Act shall renovate facilities in those countries as nec- deducted from such trust fund to the Pro- be exempt from any State law requiring no- essary to conduct programs of assistance for gram Management account of the Centers for tification or the reporting of child abuse, international health activities, including ac- Medicare & Medicaid Services. child molestation, sexual abuse, rape, or in- tivities relating to HIV/AIDS and other in- (3) AVAILABILITY.—Fees collected under cest. fectious diseases, chronic and environmental this subsection shall remain available until SEC. 214. (a) Except as provided by sub- diseases, and other health activities abroad. expended. section (e) none of the funds appropriated by SEC. 216. The Division of Federal Occupa- (4) WAIVER AUTHORITY.—The Secretary of this Act may be used to withhold substance tional Health may utilize personal services Health and Human Services may provide for abuse funding from a State pursuant to sec- contracting to employ professional manage- waiver of fees for claims described in para- tion 1926 of the Public Health Service Act (42 ment/administrative and occupational graph (2) in cases of such compelling cir- U.S.C. 300x–26) if such State certifies to the health professionals. cumstances as the Secretary may determine.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.039 H08PT1 H6836 CONGRESSIONAL RECORD — HOUSE September 8, 2004

(5) EXCLUSION OF FEES IN ALLOWABLE System Transmittals (including, but not regarding clinically appropriate standards COSTS.—An entity may not include a fee as- limited to, Transmittal 221 and any change for defining inpatient rehabilitation services sessed pursuant to this subsection as an al- request pursuant to such rule) for purposes under such section 412.23(b)(2). lowable item on a cost report under the So- of the medicare program; (c) The aggregate amount appropriated cial Security Act. (2) to compile facility data pertaining to under title II for ‘‘Centers for Medicare and (6) EFFECTIVE DATE.—This subsection shall compliance with such 75 percent rule or en- Medicaid Services—Program Management’’ apply to claims referred to in paragraph (1) force such rule; or is hereby reduced by $3,500,000. submitted on or after a date, specified by the (3) to utilize or apply any existing or new Mr. LOBIONDO (during the reading). Secretary of Health and Human Services, local medical review policy, local coverage Mr. Chairman, I ask unanimous con- that is not later than 3 months after the date determination, or national coverage deter- sent that the amendment be considered of the enactment of this Act. mination with respect to medical necessity as read and printed in the RECORD. POINT OF ORDER standards for inpatient rehabilitation facili- The CHAIRMAN. Is there objection Mr. BILIRAKIS. Mr. Chairman, I ties under the medicare program; to the request of the gentleman from make a point of order. until the date that is 9 months after the date New Jersey? The CHAIRMAN. The gentleman will on which the report required by subsection There was no objection. (b)(3) is transmitted to the Secretary and the state his point of order. Mr. LOBIONDO. Mr. Chairman, I rise Congress. today in strong support of the Mr. BILIRAKIS. Mr. Chairman, re- (b) STUDY AND REPORT.—(1) The Secretary luctantly, quite frankly, I raise this of Health and Human Services shall contract LoBiondo-Lowey-Wamp amendment. point of order, but it is necessary to do with the Institute of Medicine of the Na- The gentlewoman from New York (Mrs. so. tional Academy of Sciences to study and LOWEY) and the gentleman from Ten- My point of order is against section make recommendations (and submit a report nessee (Mr. WAMP) have joined together 219(b) of the bill on the grounds that under paragraph (3)) on— in trying to bring this to the attention this provision violates clause 2(b) of (A) a clinical consensus on how to mod- of our colleagues. ernize the medicare criteria used to distin- Before I discuss the amendment, House rule XXI because it is legislation guish an inpatient rehabilitation facility however, I would like to thank the gen- included in a general appropriations from an acute care hospital and other pro- tleman from Florida (Mr. YOUNG) and bill. The rule, as I understand it, does viders of intensive medical rehabilitation; the gentleman from Ohio (Mr. REGULA) not protect against that. and for their support on this critical issue. (B) the appropriate medical necessity cri- My point of order is this proposes to I would also like to thank the gen- change existing law and constitutes teria for determining clinical appropriate- ness of inpatient rehabilitation facility ad- tleman from California (Mr. THOMAS) legislating in an appropriations bill and his staff for their willingness to and violates clause 2(b) of rule XXI. missions, with due consideration being given to chapter 1, section 110 of the Medicare Ben- work with me and my colleagues on The CHAIRMAN. Does any other efit Policy Manual, the current capabilities this issue, and to help in crafting an Member wish to be heard on the point of treatments and modalities performed by amendment which will help rehab pa- of order? acute and post-acute providers, and the com- tients across the country. Mr. REGULA. Mr. Chairman, reluc- bined medical and functional needs of pa- The LoBiondo-Lowey-Wamp amend- tantly we concede the point of order, tients. ment would halt the Centers for Medi- but I would point out this is part of the (2) Under such contract the Institute shall care and Medicaid Services, CMS, on use a panel that includes a multi-discipli- President’s request. It is a manage- the implementation of the so-called 75 ment tool to let the user pay for a serv- nary group of expert researchers and clini- cians in the field of medical rehabilitation. percent rule until a study is completed ice being provided by the government. (3) Under such contract the Institute shall on the issue. As many know, rehabili- But the gentleman is correct, it does submit a report to the Secretary and the tation hospitals provide essential care violate the right of the authorizers to Congress on the study and recommendations to patients recovering from conditions deal with this subject, and it is not a described in paragraph (1) not later than Oc- such as a stroke, hip replacement or proper part of the bill. tober 1, 2005. cardiopulmonary disease. This policy, The CHAIRMAN. The point of order AMENDMENT OFFERED BY MR. LOBIONDO commonly known as the 75 percent is conceded and sustained. The provi- Mr. LOBIONDO. Mr. Chairman, I offer rule, sets limits on which patients sion is stricken from the bill. an amendment. would be eligible for care at these fa- The Clerk will read. The Clerk read as follows: cilities. The Clerk read as follows: Amendment offered by Mr. LOBIONDO: Under the current rule which went SEC. 220. The amount appropriated in this In title II, amend section 221 (page 65, line into effect on July 1, fewer Americans Act for ‘‘Centers for Disease Control and 19, through page 68, line 2) to read as follows: will have access to rehab care. This is Prevention—Disease Control Research and SEC. 221. (a) Notwithstanding section wrong. Fewer patients needing treat- Training’’ is hereby reduced by $15,000,000, to 412.23(b)(2) of title 42 of the Code of Federal ment for conditions such as arthritis be derived from the amounts made available Regulations, none of the funds appropriated and joint replacement will qualify for for administrative and related information by this Act may be expended by the Sec- this care, an important element in the technology expenses: Provided, That the Di- retary of Health and Human Services to overall recovery process. It is simply rector of the Centers for Disease Control and treat a hospital or unit of a hospital that Prevention shall determine the allocation of was certified by the Secretary as an inpa- wrong not to do something about this. the reduction among Agency activities, and tient rehabilitation facility on or before In addition, access to rehab care for pa- shall submit to the Committees on Appro- June 30, 2004, as a subsection (d) hospital (as tients recovering from cancer, cardiac priations a report specifying the proposed al- defined in section 1886(d)(1)(B) of the Social conditions, transplant and pulmonary location. Security Act (42 U.S.C. 1395ww(d)(1)(B))) conditions is also threatened. SEC. 221. LIMITATION ON USE OF FUNDS; until, not later than 60 days after the date on This amendment is by no means the STUDY. which the report under subsection (b) is first attempt to deal with the issue. (a) LIMITATION ON FUNDS.—Notwith- issued, the Secretary, taking into account Over the past year, the majority of standing any other provision of law, none of the recommendations in such report— Members of Congress not once, but the funds appropriated by this Act or any (1) determines that the classification cri- twice has called on CMS to withhold other Act may be expended by the Secretary teria of hospitals and units of hospitals as of Health and Human Services or by a medi- inpatient rehabilitation facilities under such implementation of the 75 percent rule care fiscal intermediary or administrative section 412.23(b)(2) are not inconsistent with until a thorough independent assess- contractor— such recommendations; or ment by medical experts is completed. (1) to apply the criteria (commonly known (2) promulgates a regulation providing for A similar directive was included in as the ‘‘75 percent rule’’) that are used to de- revised criteria under such section both the Medicare Modernization Act termine whether a hospital or unit of a hos- 412.23(b)(2), which regulation shall be effec- passed last November and the fiscal pital is an inpatient rehabilitation facility tive and final immediately on an interim year 2004 omnibus appropriations bill. (as defined in Department of Health and basis as of the date of publication of the reg- Yet despite the will of Congress, CMS Human Services, Centers for Medicare and ulation. Medicaid Services, ‘‘Medicare Program; (b) The study referred to in subsection (a) finalized the 75 percent rule in April Final Rule; Changes to the Criteria for Being is a study by the Comptroller General of the and implemented it on July 1 without Classified as an Inpatient Rehabilitation Fa- United States directed in the statement of either commissioning a study in ad- cility’’, 69 Federal Register 25751 et seq. (May managers accompanying the conference re- vance or making significant, much- 7, 2004), and any accompanying CMS Manual port on the bill H.R. 1 of the 108th Congress needed updates.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.043 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6837 Our amendment seeks to ensure that these rehabilitation policies on the using the power of the money flow and Congress’ intent is carried out and that health and well-being of our constitu- the appropriations process to say, wait patients across America continue to ents, we could not stand by and let our a second, stop the trains, we are going have access to the rehab care they call for a study go unfulfilled. So again in the wrong direction. need. It will ensure that experts in the with the support of the Committee on This is a win-win. Congratulations to field of rehabilitative care study the Ways and Means chairman, the gen- all and thanks especially to Ways and issue and make recommendations that tleman from California (Mr. THOMAS), Means for letting us live to fight an- will produce a rule for rehab hospitals and the ranking member, the gen- other day on behalf of patients and in- that reflects the advances medicine has tleman from New York (Mr. RANGEL), patient rehabilitation hospitals across made in the area of rehabilitative care. the LoBiondo-Lowey-Wamp amend- the country. I thank the gentlewoman I would like all of my colleagues to ment will ensure that an independent from New York (Mrs. LOWEY) and the think what it would be like for them if study of the issue is conducted and the gentleman from New Jersey (Mr. they had to go to one of their constitu- findings used to rewrite the 75 percent LOBIONDO). It is always a pleasure to ents who needed rehab care, and they rule. work with them. were denied access to the rehab hos- I am very appreciative, Mr. Chair- Mrs. MCCARTHY of New York. Mr. pital in their district; or worse yet, man, of both committees, and particu- Chairman, I move to strike the req- that rehab hospital had to close. What larly the gentleman from Ohio (Chair- uisite number of words. would my colleagues think if they had man REGULA). We have worked to- Mr. Chairman, I want to thank the a family member, someone in their gether in a bipartisan way to bring this chairman for accepting this amend- family, that was denied rehabilitative amendment to the floor, and I want to ment. It is extremely important for care, very good care, because of a stu- thank the staff of the gentleman from someone that has spent so much time pid rule that we were not able to fix? California (Mr. THOMAS), Joel White in a rehab unit taking care of patients, People across America who need these and Deb Williams, for carefully work- even to the point of taking care of my services will not accept that Congress ing out the details of this amendment son going back a number of years ago. stood back and did nothing when there late last night and early this morning. Medical technology and the science is something we can do. I am delighted we have been able to of taking care of those that never had I thank all Members in this Chamber work this out. a chance to learn how to walk again or who have supported our efforts to possibly feed themselves again is now b 1445 change the 75 percent rule, and I urge possible. It is mainly because of rehab. Members to cast a yes vote for the Mr. WAMP. Mr. Chairman, I move to I know a lot of people think that they LoBiondo-Lowey-Wamp amendment. strike the requisite number of words. used to lay around the hospital after a Mr. REGULA. Mr. Chairman, will the Mr. Chairman, I will be very brief, hip operation. Today you have a hip gentleman yield? just to add that this is one of those operation, and you go to a rehab unit. Mr. LOBIONDO. I yield to the gen- rare opportunities for the Appropria- It actually saves money, mainly be- tleman from Ohio. tions Committee and the Ways and cause the patient is getting the rehab Mr. REGULA. Mr. Chairman, with Means Committee to meet at the wa- that they need so they can get up and the understanding that this has been ter’s edge. Sometimes we put limita- walk and have a quality-of-life issue. cleared with the Committee on Ways tion amendments on appropriations On the other end of it, unfortunately and Means, we are prepared to accept bills and they strike those through a going back not that many years ago, this amendment. point of order, which they have the even for a simple hip operation, espe- Mr. LOBIONDO. Mr. Chairman, I right to do here. Yet they chose to cially with the elderly, they ended up thank the gentleman from Ohio. agree with us and say that this GAO getting pneumonia and unfortunately Mrs. LOWEY. Mr. Chairman, I rise in study needs to be completed and all the needed more long-term care. support of the amendment. science needs to be brought to bear be- With that being said, the majority of First of all, I would like to thank our fore this rule is actually implemented. our rehab hospitals and rehab units in distinguished chairman because he has Let me just say that one of the great- an awful lot of our larger cities are worked with us and understands the est areas of innovation in our health filled, unfortunately, with patients be- importance of this very critical issue care delivery system in this country is cause of gun violence in this country. in so many Members’ districts across inpatient rehabilitation hospitals On September 13, we are going to see the country. I rise in strong support of where virtually every family in Amer- the assault weapons bill expire unless the amendment, and I am appreciative ica has had somebody benefit from one this Congress, the Speaker of the for all of us who have been working to- of those hospitals, and they are wowed House, the President of the United gether. Just a few words on it, and at what we are doing. It is a very fluid States get involved and allow us to de- again I thank our chairman. area of health care. It is changing bate this. We can save billions of dol- Last year CMS decided to change and every month because of new tech- lars just on health care costs if we can reinstate the patient rehabilitation fa- nologies and new procedures. Yet some bring down gun violence. We have seen cilities 75 percent rule, a rule which of these rules are antiquated in these a 60 percent drop since the assault was enforced inconsistently and inter- 13 categories. They need to be changed weapons bill was passed on the use of mittently until it was fully suspended based on what is happening in health those guns on our officers in our com- in 2002 because rehabilitation care had care, not a bean counter at OMB say- munities. evolved so far beyond the original ing, we only have this much money or Large capacity clips, we are going to rule’s scope. we want to reduce this much money, have them back out on the streets In an effort to ensure that the rule therefore, this is what you are going to again. These are the large capacity would be updated appropriately, Con- be reimbursed for. clips that we see our men and women gress asked CMS to commission an In our health care delivery system, using that are serving this country so independent study on the status of re- we need to reimburse wherever the in- well over in the war in Iraq. We saw habilitative care and use the findings novation is, wherever the patient is, yesterday in the paper where someone to rewrite the rule. As my colleagues wherever the need is, wherever the cure with a gun had a large capacity clip know, we had more than 300 Members is; and that is what this does is allow that had 50 rounds. This is what we are of Congress supporting this request and science to prevail and not some arbi- going to go back to unless we stop by the inclusion of similar directives in trary limitation that is set down the September 13, on Monday, to be able to the fiscal year 2004 omnibus spending street by any administration or any renew the ban on assault weapons, to bill and the Prescription Drug Act. government bureaucrat. protect our communities, protect our CMS issued the final 75 percent rule That is, frankly, where the Congress police officers and to a very, very large without the benefit of a study, leaving is doing its job to weigh in, because we extent, make more room in the emer- the list of qualifying conditions prac- are sensitive to these things; and, gency rooms, make more room in the tically the same as those imposed two frankly, sometimes the Appropriations trauma centers, make more room in decades ago. Considering the impact of Committee can be very helpful by the rehab units, because today because

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.104 H08PT1 H6838 CONGRESSIONAL RECORD — HOUSE September 8, 2004 of medical technology, thank goodness, The $50 million we seek would fund and allow physicians and their patients people like my son are surviving these new research and literature surveys to to make more informed and personal- horrific wounds. A lot of our police of- improve scientific evidence about the ized decisions on each individual pa- ficers are surviving their horrific comparative effectiveness and safety of tient’s plan of care. wounds. But unfortunately the rehab, prescription drugs and other treat- More importantly, comparative effec- the expense to get those victims back ments. Additionally, funds would be tiveness research will provide evidence- on their feet certainly is extremely ex- used to communicate the results of based research to help improve the effi- pensive. this research to health care practi- ciency of our health care system. Cur- The CHAIRMAN. The question is on tioners, health care purchasers and rently, very little objective evidence- the amendment offered by the gen- consumers. All we are asking is for bet- based information is available to help tleman from New Jersey (Mr. ter information to be available to doc- physicians choose the most appropriate LOBIONDO). tors and patients. And if we can make prescription medications for each pa- The amendment was agreed to. that better information, independent tient. Without such information avail- The CHAIRMAN. The Clerk will read. research not funded by the pharma- able, many patients may be prescribed The Clerk read as follows: ceutical industry, if we make that in- a more expensive brand-name medica- SEC. 222. None of the funds appropriated in formation available, we will have bet- tion when a less costly generic medica- this title may be used to impede the ex- ter health care quality in this country; tion may have the same clinical effec- change of information between the Office of and we will have lower prices as well. tiveness. Funding further comparative the Actuary of the Centers for Medicare & It is very important that we ensure effectiveness research efforts will pro- Medicaid Services and Congress, including vide American health care consumers its members, committees, and staff. that our prescription drug spending is not based on the latest television or with impartial research-based evidence AMENDMENT OFFERED BY MR. ALLEN glossy magazine advertisement, but on of the value of different prescription Mr. ALLEN. Mr. Chairman, I offer an science-based and tested information. medications and, moreover, will help amendment. Physicians and their patients need drive down the costs of health care in The Clerk read as follows: access to credible, unbiased, evidence- the United States. Amendment offered by Mr. ALLEN: based data on the comparative effec- Mr. Chairman, I also want to men- At the end of title II (before the short tion, in this time when we are all very title), insert the following: tiveness of prescription drugs so they SEC. ll. For research on outcomes of can make informed decisions about concerned with the number of health care items and services (including the their purchases. As the cost of health uninsureds around the country, with comparative clinical effectiveness of pre- care continues to rise, obtaining the the increasing inflation in the health scription drugs), as authorized by section greatest health care value is essential. care delivery system, with small busi- 1013 of the Medicare Prescription Drug, Im- More objective research will improve nesses and large businesses experi- provement, and Modernization Act of 2003 the quality of care and help to reduce encing incredibly difficult increases in (Public Law 108–173), $50,000,000. costs. their costs, this is a measure that has Mr. REGULA. Mr. Chairman, I re- This spring, Members from both sides been endorsed by many large and small serve a point of order on this amend- of the aisle joined me in sending a let- employer groups, namely, the AARP, ment. ter to the chairman and ranking mem- the AFL–CIO, Caterpillar Tractor Com- The CHAIRMAN. The gentleman ber urging $75 million for this provi- pany, Eastman Kodak, Kaiser from Ohio reserves a point of order. sion. In addition, the Senate approved Permanente, Verizon Communications, Mr. ALLEN. Mr. Chairman, when an amendment in support of $75 million General Motors, United Health Care, Americans turn on their televisions for prescription drug comparative ef- the Coalition For Health Services Re- today, they are inundated by television fectiveness studies, indicating the high search. I could go on and on. But the advertisements promoting particular level of bipartisan support for this ini- bottom line is anything that we can do prescription drugs. Doctors are over- tiative. effectively to lower the costs of deliv- whelmed by detailers from the pharma- I do hope that the chairman agrees ering health care in this country is ceutical industry coming to praise the that this provision, which has been au- something that the Congress should do. virtues of the particular drugs that are thorized, is a worthy initiative. I look I urge adoption of this amendment. manufactured by the people who em- forward to working with him and the Mrs. MCCARTHY of New York. Mr. ploy them. But what patients and phy- committee to provide some funding in Chairman, I move to strike the req- sicians in this country really need is conference and to encourage the ad- uisite number of words. quality information, evidence-based in- ministration to add money for this pur- Listening to my two colleagues, I ap- formation about the comparative effec- pose in next year’s budget. preciate this amendment they have put tiveness of different drugs that are ad- Though I would urge support for this forward. Obviously, with the medical vertised to treat the same illness or amendment, I do intend to withdraw technology that we have today and condition. the amendment, but first I would like with the medicines that are out there, The Medicare Prescription Drug Im- to give an opportunity to my friend I sometimes sit when I am watching provement and Modernization Act pro- from Missouri (Mrs. EMERSON) to speak the TV shows and I am watching them vides for research on outcomes of on it. advertise all of these particular drugs, health care items and services, includ- Mrs. EMERSON. Mr. Chairman, I I hope everybody also listens to see ing the comparative clinical effective- move to strike the last word. what the side effects are going to be. ness of prescription drugs. Today I am Mr. Chairman, I rise today in support They better listen carefully, because pleased to join my colleague from Mis- of the Allen-Emerson comparative ef- some of these side effects are very seri- souri (Mrs. EMERSON) in offering an fectiveness research amendment. As ous. amendment to fund that provision in my colleague said, as the costs of There are many drugs on the market the new Medicare law. health care continue to rise, we really that are over 10 to 15 years old that Section 1013 of the new Medicare law do need to make sure that our Nation’s work just as well. People have to real- authorizes $50 million in fiscal year health care providers have every pos- ize that. Unfortunately, even our doc- 2004 for the Agency For Health Care sible tool at hand so that they can un- tors now, they are given information, Research and Quality to conduct out- derstand the best, most efficient level thinking, wow, if this can help my pa- comes research on prescription drugs of quality care to give their patients. tient. Let us hope that is what they are and other treatments. Unfortunately, We obviously in Congress have recog- thinking. But we have to reevaluate the President’s fiscal year 2005 budget nized that need because we authorized this whole thing. It used to be you contained no funding for this initia- $75 million in funding for the Agency went to your doctor, the doctor knew tive. Currently, there really is a dearth For Health Care Research and Quality which particular drug would work for of evidence-based information avail- to conduct comparative effectiveness you for whatever ailment you had, and able to assist practitioners in choosing and health care outcomes research. you took it. Now we see TV, the doc- the most appropriate medication for This information would be made avail- tors tell me, they want this drug, they their patients. able to providers and consumers alike want this drug, they want this drug.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.105 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6839 Aspirin still works very, very well. SECRETARY—GENERAL DEPARTMENTAL MAN- diseases will further threaten the sol- Ibuprofen when I was working, gosh, a AGEMENT’’, $23,000,000 is transferred and made vency of the Medicare program. long time ago, that was a prescription available as an additional amount under the It is my hope that with a greater drug. It is now over the counter. But account ‘‘CENTERS FOR DISEASE CONTROL AND focus on prevention, we will be able to PREVENTION—DISEASE CONTROL, RESEARCH, greatly reduce the number of individ- there are still many prescription drugs AND TRAINING’’. that work just as well. Obviously, uals who suffer from all types of ail- sometimes they are not going to work Mr. UDALL of New Mexico. Mr. ments, including diabetes, cancer, for the patient. That is when we should Chairman, I rise today to offer an heart disease, and strokes just to name try a new drug. The research and devel- amendment to increase funding in the a few areas where preventative health opment and the research that is needed fiscal year 2005 Labor-HHS appropria- care can make the difference. The to see what these actual new drugs do, tions bill before us for the CDC’s Pre- CDC’s Preventative Health Care Block I think, is extremely important. ventative Health Care Block Grant. Grant goes a long way towards achiev- With that being said, also, September This important grant is one of the few ing this goal. 13, the assault weapons bill is going to grants that allows States the flexi- One of the other key components of expire. The reason I bring it up towards bility to address their own unique the block grant is that it is the pri- the health care section is mainly be- health care challenges in exciting and mary source of flexible funding that cause how much health care money is innovative ways. provides States the latitude to fund expended on, unfortunately, these hor- Unfortunately, H.R. 5006 cuts the any of 265 national health care objec- rific wounds that we see. We also know amount of funding for the Preventative tives available in the Nation’s Healthy with a lot of these types of assault Block Grant by $23 million from the People 2010 Health Improvement Plan. weapons, there are head injuries. Peo- fiscal 2004 amount of $133 million to Mr. Chairman, I know the chairman ple do not realize when you have a head $110 million for fiscal year 2005. The and ranking member of the Labor, injury, a lot of times these patients funding provided in the legislation is Health and Human Services, Education and Related Agencies Subcommittee have to be on an awful lot of different also $23 million below the administra- did the best they possibly could in drugs that might even put the patient tion’s request for fiscal year 2005. stretching the dollar as far as they to the point of where they think they My amendment would restore the could in this bill, and for that I ap- might be schizophrenic. It does fit and funding to last year’s level. It would plaud them. However, a cut of this tie in with these bills. offset the increase in the Preventative magnitude, nearly 18 percent, will force The important thing is the assault Health Care Block Grant by reducing State and local health departments to weapons bill costs absolutely no the level of the Department of Health eliminate or severely reduce some very money. We can renew it. It does not and Human Services departmental management by the same amount. important public health activities. cost anybody anything except saving I look forward to working with the lives, saving health care costs; and I Mr. Chairman, this block grant has allowed State health departments to chairman and ranking member to re- hope that the President of the United store funding to this account in some States will ask the Speaker of the address a wide variety of public health issues, including cardiovascular dis- way. House to allow this bill to come up on Mr. Chairman, I ask unanimous con- the floor for a vote. ease, diabetes, physical activity, sui- cide prevention, just to name a few. sent to withdraw the amendment. The CHAIRMAN. Is there objection b 1500 States have documented that invest- to the request of the gentleman from Mr. ALLEN. Mr. Chairman, I ask ment of block grant dollars has re- New Mexico? unanimous consent to withdraw the sulted in improved health care out- There was no objection. amendment. comes and in some significant cost sav- Mrs. MCCARTHY of New York. Mr. The CHAIRMAN. Is there objection ings. Chairman, I move to strike the last to the request of the gentleman from I strongly believe that the Preventa- word. Maine? tive Health Care Block Grant is ex- I thank my colleague for bringing up There was no objection. actly the type of program we should be this very important issue, preventative Mr. REGULA. Mr. Chairman, I move supporting. The national investment in medicine and the research that needs to strike the last word. prevention is currently estimated to be to go into it. Any of us that have ever I appreciate the fact that the gen- less than 5 percent of the annual health been in the health care field know pre- tleman is withdrawing the amendment. care costs despite strong evidence that ventative care and having the best I think it has been a good discussion prevention can be cost effective and techniques is the best thing that we about what is a continuing problem. helps people enhance the quality of can all offer anyone. There are so many We have recognized it to some extent their lives. things that we can do today to prevent, by putting 12 million plus or minus in In addition, this block grant is excel- unfortunately, diseases that certainly AHRQ to do this very thing, and it is lent public policy because it provides could cost us as people and human something we should keep in mind in States with great flexibility in address- beings in quality of life and, of course, the future. But the problem here is ing the public health care needs their the health care system millions and there is no offset for the $50 million. I populations face. billions of dollars every single year. think the intention is good, but this Mr. Chairman, I am a strong sup- With that being said, preventative has been a tough bill to make all the porter of health care promotion pro- care is what we should be looking at— dollars fit. grams that have the potential to im- how are we going to stop gun violence Mr. ALLEN. Mr. Chairman, will the prove health, improve the quality of in this country. The first step that we gentleman yield? life, reduce health care costs, and boost can take is making sure the assault Mr. REGULA. I yield to the gen- productivity. I believe it is time for weapons ban is renewed by September tleman from Maine. America to increase its investment in 13. That alone will save so much money Mr. ALLEN. Mr. Chairman, I thank health care prevention strategies. It is every single year. Our police officers, the chairman for his comments. a fact that adaptable lifestyle factors, our children, and even those that live AMENDMENT OFFERED BY MR. UDALL OF NEW such as smoking, sedentary lifestyle, in the poorest communities where MEXICO poor nutrition, unmanaged stress, and some of these health care communities Mr. UDALL of New Mexico. Mr. obesity, account for approximately half are being closed down because of a lack Chairman, I offer an amendment. the premature deaths in the United of funds, people do not realize on the The Clerk read as follows: States. Moreover, spending on chronic mental end the stress of living in these Amendment offered by Mr. UDALL of New diseases related to lifestyle and other communities, what it costs. Mexico: preventable diseases accounts for an I am hoping that we in time will have At the end of title II, insert after the last section (preceding the short title) the fol- estimated 70 percent of total health enough money to run the programs lowing section: care spending. With the pending retire- that we need; but to be honest, we can SEC. l. Of the amount made available in ment of the baby boom generation, the save money by cutting down on gun vi- this title for the account ‘‘OFFICE OF THE financial burden of these preventable olence. We can save emotional stress

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.109 H08PT1 H6840 CONGRESSIONAL RECORD — HOUSE September 8, 2004 by cutting down on gun violence. We search. Funding for the John E. wheelchairs, hearing aids or prosthetic de- certainly can protect our police offi- Fogarty International Center would be vices, and only provides physical and occupa- cers in this country by making sure reduced to just under fiscal year 2003 tional therapy to a limited degree because of the assault weapons ban comes up for a levels, at which time the center had ex- the limited funding. vote, passes here in the House. It has perienced consecutive years of double- Mr. Chairman, this modest amendment already been passed in the Senate, and digit percentage funding increases. which we are offering today, would provide a the President said he would sign the Mr. Chairman, this amendment has one time 25 percent increase in Medicaid pay- bill if it gets on his desk. bipartisan support based on the hear- ments to the Virgin Islands, Guam, and Amer- AMENDMENT OFFERED BY MS. BORDALLO ing that we had chaired by the gen- ican Samoa so that our most vulnerable con- Ms. BORDALLO. Mr. Chairman, I tleman from Indiana (Mr. BURTON). stituents could receive better health care serv- offer an amendment. Mr. FALEOMAVAEGA. Mr. Chair- ices which they otherwise would have to do The Clerk read as follows: man, I move to strike the last word. without because of our already overburdened Amendment offered by Ms. BORDALLO: Mr. Chairman, I rise in support of the local governments. At the end of title II (before the short gentlewoman’s amendment that we I urge my colleagues to support this amend- title), insert the following: have sponsored together with the gen- ment. SEC. ll. For ‘‘Centers for Medicare and tlewoman from the Virgin Islands. POINT OF ORDER Medicaid Services—Grants to States for Mr. Chairman, in fiscal year 2003 Mr. REGULA. Mr. Chairman, I make Medicaid’’ $8,000,000 to be used for an in- American Samoa’s Medicaid program crease in the amount available under section a point of order against the amend- cost $12.2 million. If American Samoa ment because it provides an appropria- 1108 of the Social Security Act for fiscal year were treated like a State, the Federal 2005 of $2,500,000 for Guam, $2,500,000 for the tion for an unauthorized program and Virgin Islands, $2,000,000 for American Government would have been respon- therefore violates clause 2 of rule XXI. Samoa, and $1,000,000 for the Northern Mar- sible for $6.1 million or half the cost; The pertinent part of clause 2 of rule iana Islands, and the amount otherwise pro- but the American Samoa government XXI is as follows: An appropriation vided by this title for ‘‘John E. Fogarty would have been responsible for the may not be in order as an amendment International Center’’ is hereby reduced by other half also, about $6.1 million. As it for an expenditure not previously au- $8,000,000. is, a Federal ceiling is in place, unfor- thorized by law. Mr. REGULA. Mr. Chairman, I re- tunately. So for fiscal year 2003, the Mr. Chairman, the authorization for serve a point of order. Federal ceiling for American Samoa this program has not been signed into Ms. BORDALLO. Mr. Chairman, I re- was $3.7 million. The Federal Govern- law, and therefore it violates clause 2 spectfully request that the House adopt ment only paid out $3.7 million, and we of rule XXI. the Bordallo-Christensen- had to meet the rest of the obligation I ask for a ruling from the Chair. Faleomavaega amendment to the fiscal of the total cost of $12.2 million. The CHAIRMAN. Does the gentleman year 2005 Departments of Labor, Health The bottom line, Mr. Chairman, is from American Samoa (Mr. and Human Services appropriations there is definitely a need for this addi- FALEOMAVAEGA) wish to be heard on bill. tional appropriations for our Medicaid the point of order? For years, Mr. Chairman, citizens of needs, and I ask my colleagues to Mr. FALEOMAVAEGA. Yes, Mr. the United States territories have ex- please support this proposed amend- Chairman. perienced numerous disparities with re- ment. The CHAIRMAN. The gentleman is spect to health care access and quality. Mrs. CHRISTENSEN. Mr. Chairman, I rise recognized. While many of the reasons for such dis- to join my colleagues MADELEINE BORDALLO Mr. FALEOMAVAEGA. Mr. Chair- parities must be resolved at the local and ENI FALEOMAVAEGA in strong support of man, I kindly respect the decision the level, there are several Federal pro- our amendment to provide some additional re- Chairman has made concerning his grams whose administration in the ter- lief to our constituents in the form of additional opinion that has been expressed con- ritories contribute to these observed health care dollars. It remains a national cerning the proposed amendment. We disparities. The most notable and glar- shame in my view, that because of where they realize there is no authorization. But I ing deficiency are Medicaid funding live, my low-income and indigent constituents, thought that this was part of the ap- ceilings to the U.S. territories as man- as well as those of my colleagues, are not propriations process, that we have dated by section 1108 of the Social Se- able to receive the same level of Medicaid as- made in the past precedents where ap- curity Act. sistance because of a punitive cap. propriations have been made without In Guam, Medicaid and the SCHIP My colleagues, while the national per capita any authorization. But again I have to combined cover only about 25 percent expenditure for Medicaid is $3862, the ex- respect my good chairman’s decision of all estimated costs eligible for Med- penditure for the Virgin Islands is only $436. on this and sincerely hope that maybe icaid-matching grants. Similar Federal The total cost of Medicaid in the Virgin Islands down the line we will be able to work funding shortages have been experi- is about $15 million per year but the Federal something out to give due assistance to enced in all U.S. territories as a result government only covers about $6 million of the insular areas on this very impor- of section 1108 funding caps. U.S. terri- that amount. According to the Virgin Islands tant issue. tories were hit particularly hard by the Medicaid Director, the 18,000 Medicaid recipi- previous recession where unemploy- ents she serves receive an absolute ‘‘bare b 1515 ment caused territorial governments to bones’’ service. The CHAIRMAN. The Chair is pre- cover the spiraling uninsured health Mr. Chairman, a report 3 years ago entitled pared to rule. The proponent of an item care costs despite shrinking revenues. the Access Improvement Project of the Virgin of appropriation carries a burden of The amendment would provide a tem- Islands, revealed that great disparities exist for persuasion on the question whether it porary boost in Medicaid funding to eligible children in the Virgin Islands compared is supported by an authorization in Guam, the U.S. Virgin Islands, Amer- to the continental United States. The report law. ican Samoa, and the Commonwealth of shows that while the Nation as a whole Having reviewed the amendment, the the Northern Mariana Islands in order spends an average of $76 for EPSDT screen- underlying law, and entertained argu- to assist those governments in meeting ing per Medicaid eligible child, the U.S. Virgin ment on the point of order, the Chair is critical shortages in public health Islands only spent $1.20. Additionally, the total unable to conclude that the item of ap- funding. This amendment is offset by Medicaid expenditures per child also shows an propriation in question is authorized in reducing by 8 million funding for the astonishing disparity. law. The amendment proposes appro- John E. Fogarty International Center. In the age group 15 to 20, national Medicaid priations above the levels currently au- Mr. Chairman, while I support the expenditures were approximately 599 percent thorized in law. mission of the John E. Fogarty Inter- more than what is being spent in the Virgin Is- The Chair is therefore constrained to national Center, I feel that it is impor- lands. We also received a 50 percent match, sustain the point of order under clause tant to concentrate on providing ade- despite a State like Mississippi where the av- 2(a) of rule XXI. quate health care to citizens in the erage income is $1,500 higher than ours. Are there further amendments to U.S. territories before investing fur- They receive 80 percent match. And the Virgin this paragraph of the bill? ther in international health care re- Islands Medicaid program cannot provide If not, the Clerk will read.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.112 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6841 The Clerk read as follows: and of which $1,435,000,000 shall become Educational Equity Act, but the fig- This title may be cited as the ‘‘Department available on October 1, 2005, and shall remain ures that came out last week from the of Health and Human Services Appropria- available through September 30, 2006, for Census Bureau showed that the pay gap tions Act, 2005’’. academic year 2005–2006: Provided, That widened between men and women in TITLE III—DEPARTMENT OF EDUCATION $410,000,000 shall be for subpart 1 of part A of title VI of the ESEA: Provided further, That 2003, and that women’s pay slumped for EDUCATION FOR THE DISADVANTAGED $68,394,000 shall be available to carry out the first time since 1999, falling to 75.5 For carrying out title I of the Elementary part D of title V of the ESEA and section 203 cents to the male dollar. and Secondary Education Act of 1965 of the Educational Technical Assistance Act I will include for the RECORD the cen- (‘‘ESEA’’) and section 418A of the Higher of 2002: Provided further, That $12,230,000 shall sus report that shows the gap between Education Act of 1965, $15,535,735,000, of be available to carry out the Supplemental men and women growing, and specifi- which $7,849,390,000 shall become available on Education Grants program for the Federated cally the fact that women’s pay has July 1, 2005, and shall remain available States of Micronesia, and $6,100,000 shall be through September 30, 2006, and of which slumped for the first time since 1999. available to carry out the Supplemental I would like to take this opportunity $7,383,301,000 shall become available on Octo- Education Grants program for the Republic ber 1, 2005, and shall remain available of the Marshall Islands: Provided further, to thank very much Patsy Mink for her through September 30, 2006, for academic That up to five percent of these amounts hard work and leadership in authoring year 2005–2006: Provided, That $7,037,592,000 may be reserved by the Federated States of WEEA. It has made a difference in the shall be available for basic grants under sec- Micronesia and the Republic of the Marshall lives of millions of girls and women for tion 1124: Provided further, That up to Islands to administer the Supplemental Edu- 30 years by training teachers to treat $3,500,000 of these funds shall be available to cation Grants programs and to obtain tech- boys and girls fairly in the classroom, the Secretary of Education on October 1, nical assistance, oversight and consultancy 2004, to obtain annually updated educational- teaching about reducing sexual harass- services in the administration of these ment, and encouraging girls to study agency-level census poverty data from the grants and to reimburse the U.S. Depart- Bureau of the Census: Provided further, That ments of Labor, Health and Human Services, math and science among many other $1,365,031,000 shall be available for concentra- and Education for such services: Provided fur- things. WEEA ensures that girls and tion grants under section 1124A: Provided fur- ther, That the amount made available in the women will succeed in school, plain ther, That $2,469,843,000 shall be available for Department of Education Appropriations and simple. targeted grants under section 1125: Provided Act, 2004, under the heading School Improve- Unfortunately, in this tight budget further, That $2,469,843,000 shall be available ment Programs and including any funds year, WEEA was zeroed out in this bill. for education finance incentive grants under transferred by the Secretary of Education section 1125A: Provided further, That Mr. Chairman, I can assure you that pursuant to section 304 of that Act for state cutting the $3 million to girls’ edu- $80,000,000 shall be available for comprehen- assessment grants authorized under section sive school reform grants under part F of the 6111 of the Elementary and Secondary Edu- cation is totally unfair and will not ESEA. cation Act of 1965, shall not be less than help in any way to balance the budget. IMPACT AID $390,000,000: Provided further, That, notwith- Women have made great strides over For carrying out programs of financial as- standing any other provision of law, includ- the past 30 years, but these strides sistance to federally affected schools author- ing any across-the-board reduction that have not happened by themselves. It is ized by title VIII of the Elementary and Sec- would otherwise apply, the funds made avail- programs like WEEA that provide the ondary Education Act of 1965, $1,250,893,000, able for fiscal year 2005 under the heading training, the materials and the support of which $1,083,687,000 shall be for basic sup- School Improvement Programs for state as- for our young girls in the educational port payments under section 8003(b), sessment grants under section 6111 of the El- system, but we still have a tremendous $50,369,000 shall be for payments for children ementary and Secondary Education Act of with disabilities under section 8003(d), 1965 shall not be less than $400,000,000. long way to go before we reach a point when WEEA will no longer be needed. $45,936,000 shall be for construction under AMENDMENT OFFERED BY MRS. MALONEY In 2003, male students scored higher section 8007 and shall remain available Mrs. MALONEY. Mr. Chairman, I through September 30, 2006, $63,000,000 shall on average than female students in be for Federal property payments under sec- offer an amendment. mathematics. Girls represent only 17 The Clerk read as follows: tion 8002, and $7,901,000, to remain available percent of the computer science AP until expended, shall be for facilities mainte- Amendment offered by Mrs. MALONEY: test takers. Women are roughly 20 per- In the item relating to ‘‘SCHOOL IMPROVE- nance under section 8008: Provided, That for cent of IT professionals. Women re- purposes of computing the amount of a pay- MENT PROGRAMS’’, insert before the period at ment for an eligible local educational agency the end the following: ceive less than 28 percent of the com- under section 8003(a) of the Elementary and : Provided, That, of the funds made available puter science bachelor’s degrees, down Secondary Education Act (20 U.S.C. 7703(a)) under this heading, $3,000,000 is for carrying from a high of 37 percent in 1984. for school year 2004–2005, children enrolled in out subpart 21 of part D of title V of the Ele- Women make up just 9 percent of engi- a school of such agency that would otherwise mentary and Secondary Education Act of neering-related bachelor degrees. These be eligible for payment under section 1965 (commonly referred to as the Women’s statistics are unacceptable, but would 8003(a)(1)(B) of such Act, but due to the de- Educational Equity Act of 2001; 20 U.S.C. 7283 be worse without WEEA. ployment of both parents or legal guardians, et seq.) As the educational needs of our soci- or a parent or legal guardian having sole cus- Mr. REGULA. Mr. Chairman, I re- tody of such children, or due to the death of ety change and grow, as math and a military parent or legal guardian while on serve a point of order against the technology continue to become promi- active duty (so long as such children reside amendment. nent skills of our everyday lives, gen- on Federal property as described in section The CHAIRMAN. The gentleman der equity in our education system is 8003(a)(1)(B)), are no longer eligible under from Ohio (Mr. REGULA) reserves a more important than ever. Girls must such section, shall be considered as eligible point of order against the amendment. catch up with boys when it comes to students under such section, provided such The gentlewoman from New York math and technology, and WEEA can students remain in average daily attendance (Mrs. MALONEY) is recognized for 5 min- help. at a school in the same local educational utes. This amendment, the Patsy Mink agency they attended prior to their change in eligibility status. Mrs. MALONEY. Mr. Chairman, we Women’s Educational Equity Act, will are calling this the Patsy Mink amend- support our daughters, our sisters, our SCHOOL IMPROVEMENT PROGRAMS ment, as the first legislation was writ- For carrying out school improvement ac- friends. Vote yes on the Maloney-Wool- tivities authorized by titles II, part B of title ten and passed by our distinguished sey-Sanchez amendment. IV, subpart 6 of part D of title V, parts A and colleague and friend that founded the I also would like to cite a report that B of title VI, and parts B and C of title VII Women’s Educational Equity Act. This came out recently, the Dingell- of the Elementary and Secondary Education would restore the $3 million for this Maloney report, that showed that there Act of 1965 (‘‘ESEA’’); the McKinney-Vento program that was taken out in the was a consistent gap between the earn- Homeless Assistance Act; section 203 of the mark before us, and this has no offset ings between men and women for the Educational Technical Assistance Act of because the money would come out of past 20 years, a consistent 40 percent 2002; the Civil Rights Act of 1964; and section the school improvement program that gap. After making up for time for preg- 105(f)(1)(B)(iii) of the Compact of Free Asso- ciation Amendments Act of 2003 (Public Law has well over $50 million in it. nancy or taking care of sick parents, 108–188), $5,641,401,000, of which $4,031,016,000 This is certainly needed. Some people there is still a 20 percent unexplained shall become available on July 1, 2005, and on the other side of the aisle have said gap between men and women’s pay. remain available through September 30, 2006, that we no longer need the Women’s This translates into pensions.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.115 H08PT1 H6842 CONGRESSIONAL RECORD — HOUSE September 8, 2004 I would consider a vote against this nizations on solutions to the earnings gap, Women are still underrepresented in amendment a vote against women, a and publish yearly guides on best practices math and science and in engineering- vote against equity and opportunity for employers and family friendly work- related fields, fields that actually pay for women in the workforce. It begins places for women. higher salaries and oftentimes require in the classroom. This program is as [From the Feminist Daily News Wire, Sept. overseas hiring to fill the positions. 2, 2004] needed today as when Patsy Mink first Many girls and women shy away WAGE GAP INCREASES BETWEEN WOMEN AND from any sort of science or technology wrote it. So I call upon my colleagues MEN, US CENSUS REPORTS on both sides of the aisle to vote for activity, despite the importance of Figures released by the US Census Bureau these areas in modern society. We need their daughters, their sisters and their last week show that the pay gap between friends, and to support this amend- women and men widened in 2003. Women’s to fix that, because research has shown ment. pay slumped for the first time since 1999, that interest in math and science be- Mr. Chairman, I will place in the with women earning only 75.5 cents to every gins to wane in early adolescence. RECORD the Dingell-Maloney report dollar men earn. The Census Bureau stated We want to make sure that girls keep that shows the persistent 20 percent that this marks the first ‘‘statistically sig- all their options open. They do not gap, which can only be explained as nificant’’ decline in women’s pay since 1995, have to be scientists, they do not have AccountingWEB.com reports, with real me- discrimination. to be mathematicians, they do not dian earnings of women over the age of 15 have to be engineers, but when they I want to thank very much my col- fell 0.6 percent to $30,724. The Institute for league, the gentlewoman from Cali- Women’s Policy Research has stated that the are ready to go to college, they have to fornia (Ms. WOOLSEY) for her excellent 1.4 percent decrease in the gender wage ratio have the option, just like the guys do. leadership and help on this issue is the largest backslide since 1991. The National Bureau of Economic through many Congresses, and the gen- Though over forty years have passed since Research reports that students who do the Equal Pay Act was signed in 1963, at well in math outearn their nonmathe- tleman from Wisconsin (Mr. OBEY) for which point women earned 59 cents to the his fine help. matical counterparts even if they do dollar men earned, progress to attain its not go on to college. Within 6 years of GAO PAY GAP REPORT HIGHLIGHTS goals has been slow. With more families be- graduating high school in 1980, young (Briefing by Reps. Maloney & Dingell) coming dependent on women as bread- men with strong basic math skills were winners, and with approximately half of The General Accounting Office (GAO) ex- earning 53 cents more per hour than amined 18 years of data on over 9,300 Ameri- women entering retirement alone, the wage gap is a crucial issue that affects the health those with average math skills. The cans for an earnings study commissioned by difference between women with strong- Representatives Carolyn Maloney (D–NY) and well-being of women and their families. and John Dingell (D–MI). The new study is a The poverty rate for women and girls in- er math skills and men with average follow-up to the more narrowly-focused 2002 creased to 13.7 percent from 13.3 percent in math skills was even more significant, GAO report on the earnings gap between fe- 2002, increasing for the third straight year, with women earning 74 cents more per male and male managers. reports Women’s eNews. In addition, the un- hour. Results of the GAO study show: The pay insured rate rose more sharply for women at It is clear that increased comprehen- gap is real. Women working full-time today four percent, with the rate for men only ris- sion in math and science benefits ing one percent. are paid an average of 80 cents for every dol- women. The Women’s Educational Eq- lar that men are paid, even when accounting The Asheville Citizen-Times reports that the typical prime-age working woman uity Act program is critical to helping for demographic and work-related factors promote equal education opportunities such as occupation, industry, race, marital earned $273,592 over the 15 year period be- status and job tenure. This 20 percent earn- tween 1983 and 1998, compared with $722,693 for girls and women by providing funds ings gap cannot be explained due to dif- for the typical prime-age working man. In and assistance to educational agencies. ferences in work patterns or histories. addition to the wage gap, this discrepancy That is why our amendment would pro- Differing work patterns lead to an even occurs because women work more part-time tect this successful program by lev- larger earnings gap between men and jobs and take more time out of the work- eling out funding for WEEA at $3 mil- force to raise children. However, the Ashe- women—suggesting that working women are lion. We would be taking funds from penalized for their dual role as wage earners ville Citizen-Times reports that in October 2003 the General Accounting Office released a the Fund for the Improvement of Edu- and those who disproportionately care for cation, or FIE. These funds fund indi- home and family obligations. The GAO study report titled ‘‘Women’s Earnings’’ that ex- confirms that women in the workforce are amined 18 years of data. The report found a vidual Member projects. I can tell you less likely to work a full-time schedule and 20 percent earnings gap between men and that every single Member in this body are more likely to leave the labor force for women that could not be explained, even will better serve their constituents if longer periods of time than men, suppressing after accounting for factors such as occupa- they are serving the women in their women’s earnings even further. And, men tion, industry, marital status, and job ten- school districts. with children are paid about 2 percent more ure. If our schools do not continue to re- than men without children, whereas women Ms. WOOLSEY. Mr. Chairman, I rise ceive this support, females and minori- with children are paid about 2.5 percent less in support of the amendment. ties will continue to dominate the low- than women without children. Mr. Chairman, I rise in strong sup- wage jobs, while America’s high-wage, The pay gap has persisted for past two dec- port of this amendment, because we high-tech jobs go to foreign under- ades. The GAO study confirms that the earn- need to continue to give women the graduates and foreign graduates. ings gap between women and men has been boost they must have yet to succeed in consistent from 1983–2000, despite a sense of Women will continue to have fewer continued progress toward gender equality in this global economy that we are living economic opportunities than men and the workplace. in. less access to the careers that will sup- The GAO also reviewed other studies and Our late colleague, Patsy Mink, au- port them and their families. Without interviewed employers and earnings experts thored the Women’s Educational Eq- these opportunities, this country will to round out their analysis, leading to trou- uity Act, which we call WEEA. WEEA be deprived of the highly-educated, bling questions about the persistent pay gap: and other equity provisions have been highly-skilled workforce we need in the Why do workplaces still maintain the same doing a very, very good job. But, do United States to compete in the global policies, practices and structures that ex- you know what? That good job has isted when most of their workers did not economy. have obligations to care for children and made this program vulnerable, because Gender equity in education is not a family life? Why do industries and profes- it appears that their success could be women’s thing. All Americans, men sions dominated by women pay dispropor- an excuse to eliminate this good pro- and women alike, have a stake in mak- tionately less than male-dominated indus- gram. ing sure that all students gain the skill tries? How much does the pay gap between It is hard to believe that the Mem- and self-confidence they need in ele- men and women cost families? bers of this Congress think that gender mentary and secondary school to be- In response to the GAO findings, Rep- equity provisions can be eliminated come productive, self-supporting resentatives Maloney and Dingell seek to es- today because more women are en- adults. tablish a new Center for the Study of Women rolled in college, are graduating from and Workplace Policy at a public university Mr. Chairman, I urge my colleagues that would serve as a nationwide resource college, or because boys, of all things, to support our amendment, to protect for employers, women and families. The Cen- have reading scores that are not as this important program from becoming ter would follow up on the GAO study, col- good as girls. That is a very short- yet another unnecessary casualty of a laborate with businesses and women’s orga- sighted view. very shortsighted budget.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.117 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6843 The CHAIRMAN. Does the gentleman were here today. Unfortunately, vic- time again, my aerospace and defense con- from Ohio continue to reserve his point tims were here today too. I mentioned tractors tell me that they simply can’t find of order? them many times today. We can cut enough people to hire, especially enough Mr. REGULA. Mr. Chairman, I with- down on health care costs; we can cut women, and that they are having to turn to for- draw my point of order. down on those who are in rehab hos- eign students to meeting hiring needs. Mrs. MCCARTHY of New York. Mr. pitals, some who never leave. We can It doesn’t have to be this way. Programs Chairman, I move to strike the last cut down on the amount of people who such as WEEA will help fill those programs word. are unfortunately injured because of with our women. I rise in support of the Maloney- large-capacity clips and assault weap- And because of the lack of role models in Woolsey-Sanchez amendment. This ons. The bottom line is, why did we these fields, classroom textbooks and other amendment would provide funds for the have an assault weapons ban in the be- educational materials do not sufficiently reflect Patsy Mink Women’s Educational Eq- ginning? Because too many of our po- the experiences, achievements, or concerns of uity Act program. This is an important lice officers were being mowed down. women and, in most cases, are not written by program promoted and named after our We are putting that risk right back on women. dearly missed colleague Patsy Mink, the streets again. We are putting that Studies show that women teachers, espe- who I served with on the Committee on risk to our police officers today, when cially in the K–8 grades, often feel uncomfort- Education and the Workforce. things are actually even worse than able or underqualified to teach math and It is designed to promote gender they were 10 years ago. science. Studies also show that many of our equality in providing counseling and This is when we should be renewing young women perceive math and science as guidance, physical education and the this ban. This is when we should be ‘‘unfeminine.’’ Why is this? Is there something development of the classroom mate- making sure our police officers who are hidden in the curriculum? Is it in the way that rials. protecting us because terrorists are in we teach? What makes women believe they A lot of people in Title IX kind of this country. This is what we should be are best suited for other fields? WEEA pro- made fun of us women, and yet when doing. The American people care about grams are searching to find the answers to you look at the women in the Olym- this issue. They count on us, we in Con- these questions. Three million dollars is a small amount of pics, these programs work. So we have gress, our leaders, our President, to money to expend on a program with tremen- to make sure that we keep them going. take a lead on this. And we are letting dous payoffs. Support WEEA. Vote for the I understand that I am lucky. I work them down, unless somebody has a Maloney/Woolsey/Sanchez amendment. in Congress. With that being said, I get change of heart. Do not think this is The CHAIRMAN. The question is on equal pay. But an awful lot of my col- going to go away, because it is not. It the amendment offered by the gentle- leagues that are my friends that are will not, unfortunately, because one woman from New York (Mrs. working on the outside world doing the day we will be standing here and people MALONEY). hard work right next to their male col- will be saying, why did we not do some- The amendment was agreed to. leagues, they do not get the same pay. thing about it, and that is going to be, Mr. BURTON of Indiana. Mr. Chair- So women are disadvantaged in many unfortunately, when we have a tragedy man, I move to strike the last word. parts of our society, and equal edu- in our school or our police officers are Mr. Chairman, I will not take the full cation offers them the opportunity to mowed down, and people say, why did 5 minutes. There was an amendment grow. you not do something. brought to the floor just a few minutes Our women also are living, unfortu- Ms. LORETTA SANCHEZ of California. Mr. ago by the gentlewoman from Guam nately, sometimes in a violent society, Speaker, I rise today in strong support of the (Ms. BORDALLO), the gentlewoman from especially those in the low-income Maloney/Woolsey/Sanchez amendment to re- the Virgin Islands (Mrs. CHRISTENSEN), areas. Think about all the women that store Women’s Educational Equity Act, or and the gentleman from Guam (Mr. right now possibly will be losing their WEEA, funding in the Labor HHS bill. FALEOMAVAEGA) regarding Guam, the husbands either from the war in Iraq or I am standing here again, as I did in 1999 U.S. Virgin Islands, American Samoa, even from September 11, where we need with my late colleague Patsy Mink, to urge and the Commonwealth of the North- to and we still continue the trend of Congress to provide $3 million in funding for ern Mariana Islands; and it was regard- educating them so they can educate this vitally important program. ing section 1108 of the Social Security themselves and have a job. But the ma- WEEA was established in 1974 to promote Act, which places a funding ceiling on jority of firearm homicides are the re- educational equity for girls and women, includ- all Medicaid funding to U.S. terri- sult of intimate partner violence. ing those who suffer multiple discrimination tories. With that being said, on September based on gender, race, ethnicity, national ori- In Guam, Medicaid and CHIP com- 13 the assault weapons bill will expire gin, disability, or age. The program was also bined cover only about 25 percent of all in this country. We know it has saved established to urge compliance with Title IX estimated costs eligible for Medicaid lives. We know that basically it has which prohibits sex discrimination in federally matching grants. certainly put women at less risk, espe- funded education programs and activities. The reason I came to the floor is be- cially those that are in low-income In the last 29 years, WEEA has funded cause we had a hearing on this not long areas and their children. more than 700 projects throughout the United ago and the hearing was as a result of I do not understand why we cannot States. And, unlike a number of programs this my going to Guam and Saipan and the bring up the bill for a vote. I do not un- Congress has funded, the results speak for Marianas to talk to them about health derstand why. The President of the themselves. care problems. My Subcommittee on United States has said that he would Girls and women in this country are doing Wellness and Human Rights was look- sign the bill if it got onto his desk. better. For the first time, women’s educational ing into the problems they are facing achievement equals or surpasses that of men. over there regarding health care. They 1530 b Women are also more likely to graduate, more have an absolute epidemic of type 2 di- Well, we are the ones here who are likely to engage in school activities, and less abetes. They do not have enough equip- holding it up. He is going to sign the likely to engage in high risk activities. ment over there to take care of the bill. That is a good sign. So I think However, as women advance through their population. People are literally dying that we should move forward between educational careers, they become increasingly because they cannot be taken care of today and Monday afternoon and be less likely to enroll in advanced placement as far as their dialysis is concerned. able to get this vote done so we can courses, especially those in math and They are running those machines 24 continue something that works. A pro- sciences. hours a day, Mr. Chairman. Mr. Chair- gram like this works. We have seen According to 2000 figures, only 18 percent man, they are running those dialysis equal education getting better and bet- of engineering degrees are awarded to machines in the Northern Marianas ter. Why are we even looking at a pro- women, and only 10.6 percent of employed and Guam and Saipan 24 hours a day. gram to either cut it back or to see it engineers are female. As a representative The people cannot get health care. expire when a program works? from Orange County—one of the largest aero- The Speaker of the House of Rep- Police chiefs from all over the coun- space and defense industrial bases in the resentatives in Guam had heart trou- try were here today. The rank-and-file country—I know this is a problem. Time and ble. They had to fly him all the way

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.118 H08PT1 H6844 CONGRESSIONAL RECORD — HOUSE September 8, 2004 from Guam to Honolulu to get health RECORDED VOTE Holden Mica Royce Hooley (OR) Michaud Ryan (WI) care. Otherwise, he would have died. The CHAIRMAN. A recorded vote has Hostettler Miller (FL) Ryun (KS) That is the Speaker of the House over been demanded. Houghton Miller (MI) Sabo there. A recorded vote was ordered. Hoyer Miller (NC) Saxton I know that there was a point of Hulshof Miller, Gary Schakowsky The CHAIRMAN. This will be a 15- Hunter Miller, George Scott (VA) order raised against this, and I under- minute vote followed by two 5-minute Hyde Moore Sensenbrenner stand that we cannot legislate on an votes. Isakson Moran (KS) Sessions appropriations bill. But I would just Issa Murphy Shadegg The vote was taken by electronic de- Istook Murtha Shaw like to say to the chairman, this is not vice, and there were—ayes 112, noes 305, Jenkins Musgrave Shays a political thing. This is not a Demo- not voting 16, as follows: John Myrick Sherwood Johnson (CT) Neugebauer Shimkus crat or Republican thing. The people of [Roll No. 425] that area of the world, American citi- Johnson (IL) Ney Shuster AYES—112 Johnson, Sam Northup Simmons zens are dying because they cannot get Jones (NC) Norwood Simpson Abercrombie Hastings (FL) Owens adequate health care, and the economy Kanjorski Nunes Skelton Ackerman Hinchey Pallone Keller Nussle Smith (MI) has been hit very hard over there in Allen Hinojosa Pastor Kelly Oberstar Smith (NJ) Andrews Hoeffel that region of the world, and they can- Payne Kennedy (MN) Obey Smith (TX) Baird Holt not reach the matching grant require- Pelosi Kilpatrick Olver Snyder Baldwin Honda Rangel Kind Ortiz Solis ment which is much lower than in the Becerra Inslee Rodriguez King (IA) Osborne Souder 48 States that we have right here. Bell Israel Rothman King (NY) Ose Spratt Berkley Jackson (IL) So I would just like to say to my Ruppersberger Kingston Otter Stearns Berman Jackson-Lee Rush Kirk Oxley Stenholm good friend, the gentleman from Ohio Bishop (NY) (TX) ´ Kleczka Pascrell Strickland (Mr. REGULA), and the Committee on Brady (PA) Jefferson Sanchez, Linda Kline Paul Stupak Brown (OH) Johnson, E. B. T. Appropriations and all of the members Knollenberg Pearce Sullivan Brown, Corrine Kaptur Sanchez, Loretta of the Committee on Appropriations, Kolbe Pence Sweeney Butterfield Kennedy (RI) Sanders Kucinich Peterson (MN) Tancredo something has to be done about the Capuano Kildee Sandlin LaHood Peterson (PA) Tauscher problem in Guam, Saipan, and the Carson (IN) Larsen (WA) Schiff Lampson Petri Taylor (MS) Case Larson (CT) Scott (GA) Northern Marianas and American Langevin Pickering Taylor (NC) Clay Lee Serrano Lantos Pitts Terry Samoa, because those people over there Conyers Lewis (GA) Sherman Latham Platts Thomas simply are not getting health care. It Cooper Lynch Slaughter LaTourette Pombo Thompson (CA) Crowley Majette is not a question of quality of health Stark Leach Pomeroy Thornberry Cummings Maloney care; they are not getting health care. Tanner Levin Porter Tiahrt Davis (AL) Markey Thompson (MS) Lewis (CA) Portman Tiberi They do not have enough dialysis ma- Davis (IL) McCarthy (MO) Towns Lewis (KY) Price (NC) Tierney chines, they do not have enough equip- DeFazio McCarthy (NY) Udall (CO) Linder Pryce (OH) Toomey DeGette McDermott ment to take care of people with heart Udall (NM) Lipinski Putnam Turner (OH) Deutsch McGovern Van Hollen LoBiondo Quinn Turner (TX) trouble and, as I said before, they are Dingell McNulty Vela´ zquez Lofgren Radanovich Upton having to go all the way to Hawaii, 4, Doggett Meehan Waters Lowey Rahall Visclosky Evans Meek (FL) 5, 6, 7 hours on a plane to have their Lucas (KY) Ramstad Vitter Fattah Meeks (NY) Watson lives saved. Lucas (OK) Regula Walden (OR) Filner Menendez Watt Manzullo Rehberg Walsh So I just wanted to bring this to the Ford Millender- Waxman Marshall Renzi Wamp Frank (MA) McDonald Weiner attention of my colleagues on the Com- Matheson Reyes Weldon (FL) Gephardt Moran (VA) Wexler mittee on Appropriations, and I will Matsui Reynolds Weldon (PA) Green (TX) Nadler Woolsey McCollum Rogers (AL) Weller bring it to the attention of the author- Gutierrez Napolitano Wu McCotter Rogers (KY) Whitfield izing committee as well; I know it is Harman Neal (MA) Wynn McCrery Rogers (MI) Wicker important to do that. But I am sorry I NOES—305 McHugh Rohrabacher Wilson (NM) was not on the floor to discuss this McInnis Ros-Lehtinen Wilson (SC) when it came up. I know it would not Aderholt Capps Eshoo McIntyre Ross Wolf Akin Cardin Etheridge McKeon Roybal-Allard Young (FL) have done any good, because it is sub- Alexander Cardoza Everett ject to a point of order. But this is Baca Carson (OK) Farr NOT VOTING—16 something that they are suffering from Bachus Carter Feeney Ballenger Flake Schrock Baker Castle Ferguson Cannon Grijalva Smith (WA) over there. Barrett (SC) Chabot Foley Dicks Jones (OH) Tauzin Bartlett (MD) Chandler Forbes SEQUENTIAL VOTES POSTPONED IN COMMITTEE Dooley (CA) Mollohan Young (AK) OF THE WHOLE Barton (TX) Chocola Fossella Dunn Nethercutt Bass Clyburn Franks (AZ) Engel Ryan (OH) The CHAIRMAN. Pursuant to clause Beauprez Coble Frelinghuysen 6 of rule XVIII, proceedings will now Berry Cole Frost ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE resume on those amendments on which Biggert Collins Gallegly The CHAIRMAN pro tempore (Mr. Bilirakis Costello Garrett (NJ) WALDEN of Oregon) (during the vote). further proceedings were postponed in Bishop (GA) Cox Gerlach the following order: amendment No. 4 Bishop (UT) Cramer Gibbons Members are advised there are 2 min- offered by Ms. JACKSON-LEE of Texas; Blackburn Crane Gilchrest utes remaining in this vote. Blumenauer Crenshaw Gillmor an amendment offered by Ms. JACKSON- Blunt Cubin Gingrey b 1606 LEE of Texas; and an amendment of- Boehlert Culberson Gonzalez Messrs. FRELINGHUYSEN, fered by Mr. SANDERS of Vermont. Boehner Cunningham Goode SHIMKUS, BISHOP of Georgia, The Chair will reduce to 5 minutes Bonilla Davis (CA) Goodlatte Bonner Davis (FL) Gordon HOYER, CARSON of Oklahoma, CLY- the time for any electronic vote after Bono Davis (TN) Goss BURN, THORNBERRY, LAMPSON, the first vote in this series. Boozman Davis, Jo Ann Granger Boswell Davis, Tom Graves TIBERI, BUYER, ETHERIDGE, AMENDMENT NO. 4 OFFERED BY MS. JACKSON- Boucher Deal (GA) Green (WI) SPRATT, Ms. ROYBAL-ALLARD, Ms. LEE OF TEXAS Boyd Delahunt Greenwood HOOLEY of Oregon, Ms. The CHAIRMAN. The pending busi- Bradley (NH) DeLauro Gutknecht SCHAKOWSKY, Messrs. MILLER of ness is the demand for a recorded vote Brady (TX) DeLay Hall Brown (SC) DeMint Harris North Carolina, BACA, STRICKLAND, on amendment No. 4 offered by the gen- Brown-Waite, Diaz-Balart, L. Hart GONZALEZ, KUCINICH, GEORGE tlewoman from Texas (Ms. JACKSON- Ginny Diaz-Balart, M. Hastings (WA) MILLER of California, OBERSTAR, LEE) on which further proceedings were Burgess Doolittle Hayes OLVER, LANGEVIN and REYES postponed and on which the noes pre- Burns Doyle Hayworth Burr Dreier Hefley changed their vote from ‘‘aye’’ to ‘‘no.’’ vailed by voice vote. Burton (IN) Duncan Hensarling Mr. LYNCH changed his vote from The Clerk will redesignate the Buyer Edwards Herger ‘‘no’’ to ‘‘aye.’’ amendment. Calvert Ehlers Herseth So the amendment was rejected. Camp Emanuel Hill The Clerk redesignated the amend- Cantor Emerson Hobson The result of the vote was announced ment. Capito English Hoekstra as above recorded.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.120 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6845 AMENDMENT OFFERED BY MS. JACKSON-LEE OF Burns Hoekstra Petri The result of the vote was announced TEXAS Burr Holden Pickering as above recorded. Burton (IN) Hooley (OR) Pitts The CHAIRMAN pro tempore (Mr. Buyer Hostettler Platts AMENDMENT OFFERED BY MR. SANDERS WALDEN of Oregon). The pending busi- Calvert Houghton Pombo The CHAIRMAN. The pending busi- Camp Hulshof ness is the demand for a recorded vote Pomeroy ness is the demand for a recorded vote on the amendment offered by the gen- Cantor Hunter Porter Capito Hyde Portman on the amendment offered by the gen- tlewoman from Texas (Ms. JACKSON- Carson (OK) Isakson Pryce (OH) tleman from Vermont (Mr. SANDERS) LEE) on which further proceedings were Carter Issa Putnam on which further proceedings were postponed and on which the noes pre- Castle Istook Quinn Chabot Jenkins postponed and on which the noes pre- vailed by voice vote. Radanovich Chandler John Rahall vailed by voice vote. The Clerk will designate the amend- Chocola Johnson (CT) Ramstad The Clerk will designate the amend- ment. Coble Johnson (IL) Regula Cole Johnson, Sam ment. Rehberg The Clerk designated the amend- Collins Jones (NC) Renzi The Clerk designated the amend- ment. Costello Kanjorski Reynolds ment. Cox Keller RECORDED VOTE Rogers (AL) Cramer Kelly RECORDED VOTE Rogers (KY) The CHAIRMAN pro tempore. A re- Crane Kennedy (MN) The CHAIRMAN. A recorded vote has corded vote has been demanded. Crenshaw Kind Rogers (MI) Rohrabacher been demanded. A recorded vote was ordered. Cubin King (IA) Culberson King (NY) Ros-Lehtinen A recorded vote was ordered. The CHAIRMAN pro tempore. This Cunningham Kingston Ross Roybal-Allard The CHAIRMAN. This will be a 5- will be a 5-minute vote. Davis (FL) Kirk minute vote. The vote was taken by electronic de- Davis (TN) Kline Royce Davis, Jo Ann Knollenberg Ryan (WI) The vote was taken by electronic de- vice, and there were—ayes 156, noes 261, Deal (GA) Kolbe Ryun (KS) vice, and there were—ayes 305, noes 114, answered ‘‘present’’ 1, not voting 15, as DeLay Kucinich Saxton not voting 14, as follows: follows: DeMint LaHood Sensenbrenner Diaz-Balart, L. Lampson Sessions [Roll No. 427] [Roll No. 426] Diaz-Balart, M. Latham Shadegg AYES—305 AYES—156 Doolittle LaTourette Shaw Doyle Leach Shays Abercrombie Davis, Jo Ann Jefferson Abercrombie Gutierrez Oberstar Dreier Lewis (CA) Sherwood Ackerman DeFazio John Ackerman Harman Obey Duncan Lewis (KY) Shimkus Alexander DeGette Johnson (CT) Allen Hastings (FL) Olver Edwards Linder Shuster Allen Delahunt Johnson (IL) Andrews Hinchey Owens Ehlers LoBiondo Simmons Andrews DeLauro Johnson, E. B. Baca Hinojosa Pallone Emerson Lowey Simpson Baca Deutsch Jones (NC) Baird Hoeffel Pascrell English Lucas (KY) Skelton Bachus Dingell Jones (OH) Baldwin Holt Pastor Eshoo Lucas (OK) Baird Doggett Kanjorski Becerra Honda Payne Smith (MI) Evans Manzullo Baker Doyle Kaptur Bell Hoyer Pelosi Smith (NJ) Everett Marshall Baldwin Edwards Kelly Berkley Inslee Price (NC) Smith (TX) Feeney Matheson Bartlett (MD) Ehlers Kennedy (MN) Berman Israel Rangel Snyder Ferguson McCotter Bass Emanuel Kennedy (RI) Bishop (GA) Jackson (IL) Reyes Souder Foley McCrery Beauprez Emerson Kildee Bishop (NY) Jackson-Lee Rodriguez Stearns Forbes McHugh Becerra English Kilpatrick Blumenauer (TX) Rothman Stenholm Fossella McInnis Bell Eshoo Kind Brady (PA) Jefferson Ruppersberger Strickland Franks (AZ) McIntyre Berkley Etheridge King (IA) Brown (OH) Johnson, E. B. Rush Sullivan Frelinghuysen McKeon Berman Evans King (NY) Brown, Corrine Jones (OH) Sabo Sweeney Gallegly Mica Berry Farr Kirk Butterfield Kaptur Sa´ nchez, Linda Tancredo Garrett (NJ) Michaud Biggert Fattah Kleczka Capps Kennedy (RI) T. Tauscher Gerlach Miller (FL) Bishop (GA) Ferguson Kline Capuano Kildee Sanchez, Loretta Taylor (MS) Gibbons Miller (MI) Bishop (NY) Filner Kucinich Cardin Kilpatrick Sanders Taylor (NC) Gilchrest Miller, Gary Blumenauer Foley LaHood Cardoza Kleczka Sandlin Terry Gillmor Moore Boehlert Ford Lampson Carson (IN) Langevin Schakowsky Gingrey Moran (KS) Thomas Bono Fossella Langevin Case Lantos Schiff Goode Murphy Thompson (CA) Boozman Frank (MA) Lantos Clay Larsen (WA) Scott (GA) Goodlatte Murtha Thornberry Boswell Frelinghuysen Larsen (WA) Clyburn Larson (CT) Scott (VA) Gordon Musgrave Tiahrt Boucher Frost Larson (CT) Conyers Lee Serrano Goss Myrick Tiberi Boyd Gephardt Latham Cooper Levin Sherman Granger Neugebauer Toomey Bradley (NH) Gerlach LaTourette Crowley Lewis (GA) Slaughter Graves Ney Turner (OH) Brady (PA) Gibbons Leach Cummings Lofgren Smith (WA) Green (WI) Northup Turner (TX) Brown (OH) Gilchrest Lee Davis (AL) Lynch Solis Gutknecht Norwood Upton Brown, Corrine Gillmor Levin Davis (CA) Majette Spratt Hall Nunes Vitter Brown-Waite, Gingrey Lewis (GA) Davis (IL) Maloney Stark Harris Nussle Walden (OR) Ginny Gonzalez Lewis (KY) Davis, Tom Markey Stupak Hart Ortiz Walsh Burgess Gordon Lipinski DeFazio Matsui Tanner Hastings (WA) Osborne Wamp Burns Graves LoBiondo DeGette McCarthy (MO) Thompson (MS) Hayes Ose Weldon (FL) Burr Green (TX) Lofgren Delahunt McCarthy (NY) Tierney Hayworth Otter Weldon (PA) Butterfield Green (WI) Lowey DeLauro McCollum Towns Hefley Oxley Weller Camp Gutierrez Lucas (KY) Deutsch McDermott Udall (CO) Hensarling Paul Whitfield Capito Gutknecht Lynch Dingell McGovern Udall (NM) Herger Pearce Wicker Capps Hall Majette Doggett McNulty Van Hollen Herseth Pence Wilson (SC) Capuano Harman Maloney Emanuel Meehan Vela´ zquez Hill Peterson (MN) Wolf Cardin Hart Markey Etheridge Meek (FL) Visclosky Hobson Peterson (PA) Young (FL) Cardoza Hastings (FL) Marshall Farr Meeks (NY) Waters Carson (IN) Hayworth Matheson Fattah Menendez Watson ANSWERED ‘‘PRESENT’’—1 Carson (OK) Herseth Matsui Filner Millender- Watt Lipinski Castle Hill McCarthy (MO) Ford McDonald Waxman Chabot Hinchey McCarthy (NY) Frank (MA) Miller (NC) Weiner NOT VOTING—15 Chandler Hinojosa McCollum Frost Miller, George Wexler Chocola Hoeffel McCotter Akin Dunn Nethercutt Gephardt Moran (VA) Wilson (NM) Clay Hoekstra McCrery Ballenger Engel Ryan (OH) Gonzalez Nadler Woolsey Clyburn Holden McDermott Cannon Flake Schrock Green (TX) Napolitano Wu Coble Holt McGovern Dicks Grijalva Tauzin Greenwood Neal (MA) Wynn Conyers Honda McHugh Dooley (CA) Mollohan Young (AK) Cooper Hooley (OR) McIntyre NOES—261 ANNOUNCEMENT BY THE CHAIRMAN PRO Costello Hostettler McNulty Aderholt Biggert Boozman Cramer Houghton Meehan TEMPORE Alexander Bilirakis Boswell Crane Hoyer Meek (FL) Bachus Bishop (UT) Boucher The CHAIRMAN pro tempore (during Crowley Hulshof Meeks (NY) Baker Blackburn Boyd the vote). Members are reminded there Cummings Hunter Menendez Barrett (SC) Blunt Bradley (NH) are 2 minutes remaining in this vote. Cunningham Hyde Michaud Bartlett (MD) Boehlert Brady (TX) Davis (AL) Inslee Millender- Barton (TX) Boehner Brown (SC) Davis (CA) Israel McDonald Bass Bonilla Brown-Waite, b 1615 Davis (FL) Jackson (IL) Miller (MI) Beauprez Bonner Ginny Davis (IL) Jackson-Lee Miller (NC) Berry Bono Burgess So the amendment was rejected. Davis (TN) (TX) Miller, George

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.123 H08PT1 H6846 CONGRESSIONAL RECORD — HOUSE September 8, 2004 Moore Reyes Souder turning from my district due to official business become available on July 1, 2005, and shall Moran (KS) Reynolds Spratt and I missed rollcall vote Nos. 422, 423, 424, remain available through September 30, 2006: Murphy Rodriguez Stark Provided, That funds reserved under section Murtha Rogers (AL) Stenholm 425, 426, 427. 3111(c)(1)(D) of the ESEA that are not used in Nadler Rogers (MI) Strickland If I had been here I would have voted in Napolitano Ros-Lehtinen Stupak favor of rollcall vote No. 422, to name the Har- accordance with section 3111(c)(2) may be Neal (MA) Ross Sweeney added to the funds that are available July 1, Neugebauer Rothman Tanner vey and Bernice Jones Post Office Building, 2005, through September 30, 2006, for State al- Ney Roybal-Allard Tauscher and rollcall vote No. 423 to name the General lotments under section 3111(c)(3). Nussle Ruppersberger Taylor (MS) William Carey Lee Post Office Building. SPECIAL EDUCATION Oberstar Rush Thompson (CA) I would have voted ‘‘no’’ on rollcall vote No. Obey Ryan (WI) Thompson (MS) 424, the Previous Question regarding the Rule For carrying out parts B, C, and D of the Olver Ryun (KS) Tiahrt Individuals with Disabilities Education Act, Ortiz Sabo Tierney for the Labor Health and Human Services and $12,176,101,000, of which $6,560,447,000 shall be- Osborne Sa´ nchez, Linda Towns Education Appropriations bill for Fiscal Year come available for obligation on July 1, 2005, Owens T. Turner (TX) 2005. Pallone Sanchez, Loretta Udall (CO) and shall remain available through Sep- Pascrell Sanders Udall (NM) I would have voted in favor of rollcall vote tember 30, 2006, and of which $5,413,000,000 Pastor Sandlin Upton No. 425, Ms. JACKSON-LEE’s amendment to in- shall become available on October 1, 2005, Paul Saxton Van Hollen crease funding in the CDC and NIH for Lupus. and shall remain available through Sep- Payne Schakowsky Vela´ zquez I would have voted in favor of rollcall vote No. tember 30, 2006, for academic year 2005–2006: Pelosi Schiff Visclosky 426, Ms. JACKSON-LEE’s amendment to in- Provided, That $11,400,000 shall be for Record- Peterson (MN) Scott (GA) Vitter ing for the Blind and Dyslexic, Inc. to sup- Peterson (PA) Scott (VA) Walsh crease funding in the CDC for Hepatitis C. port the development, production, and cir- Petri Sensenbrenner Waters I would have voted in favor of rollcall vote culation of recorded educational materials: Pickering Serrano Watson No. 427, Mr. SANDER’s amendment to in- Platts Shays Watt Provided further, That the amount for section Pomeroy Sherman Waxman crease funding for the low-income home en- 611(c) of the Act shall be equal to the amount Porter Shimkus Weiner ergy assistance program and the weatheriza- available for that section during fiscal year Portman Shuster Weldon (PA) tion assistance program by $22,000,000. 2004, increased by the amount of inflation as Price (NC) Simmons Weller Mr. REGULA. Mr. Chairman, I ask specified in section 611(f)(1)(B)(ii) of the Act. Quinn Skelton Wexler Rahall Slaughter Wilson (NM) unanimous consent that the remainder REHABILITATION SERVICES AND DISABILITY Ramstad Smith (NJ) Wolf of the bill through page 95, line 21, be RESEARCH Rangel Smith (WA) Woolsey considered as read, printed in the For carrying out, to the extent not other- Rehberg Snyder Wu RECORD, and open to amendment at Renzi Solis Wynn wise provided, the Rehabilitation Act of 1973, any point. the Assistive Technology Act of 1998 (‘‘the NOES—114 The CHAIRMAN. Is there objection AT Act’’), and the Helen Keller National Aderholt Gallegly Ose to the request of the gentleman from Center Act, $3,054,587,000, of which $15,000,000 Akin Garrett (NJ) Otter Ohio? shall be for grants to States under title III of Barrett (SC) Goode Oxley There was no objection. the AT Act: Provided, That the Federal share Barton (TX) Goodlatte Pearce The text of the remainder of the bill of such grants shall not exceed 75 percent, Bishop (UT) Goss Pence and the requirements in sections 301(c)(2) Blackburn Granger Pitts through page 95, line 21, is as follows: and section 302 of the AT Act shall not apply Blunt Greenwood Pombo INDIAN EDUCATION to such grants. Boehner Harris Pryce (OH) For expenses necessary to carry out, to the Bonilla Hastings (WA) Putnam extent not otherwise provided, title VII, part SPECIAL INSTITUTIONS FOR PERSONS WITH Bonner Hayes Radanovich DISABILITIES Brady (TX) Hefley Regula A of the Elementary and Secondary Edu- Brown (SC) Hensarling Rogers (KY) cation Act of 1965, $120,856,000. AMERICAN PRINTING HOUSE FOR THE BLIND Burton (IN) Herger Rohrabacher INNOVATION AND IMPROVEMENT For carrying out the Act of March 3, 1879, Buyer Hobson Royce as amended (20 U.S.C. 101 et seq.), $17,000,000. Calvert Isakson Sessions For carrying out activities authorized by Cantor Issa Shadegg part G of title I, subpart 5 of part A and NATIONAL TECHNICAL INSTITUTE FOR THE DEAF Carter Istook Shaw parts C and D of title II, parts B, C, and D of For the National Technical Institute for Case Jenkins Sherwood title V, and section 1504 of the Elementary the Deaf under titles I and II of the Edu- Cole Johnson, Sam Simpson and Secondary Education Act of 1965 cation of the Deaf Act of 1986 (20 U.S.C. 4301 Collins Keller Smith (MI) (‘‘ESEA’’), $669,936,000: Provided, That Cox Kingston Smith (TX) et seq.), $55,790,000, of which $1,685,000 shall $18,391,000 shall be available to carry out sec- be for construction and shall remain avail- Crenshaw Knollenberg Stearns tion 2151(c) of the ESEA, of which not less Cubin Kolbe Sullivan able until expended: Provided, That from the than $10,000,000 shall be provided to the Na- Culberson Lewis (CA) Tancredo total amount available, the Institute may at tional Board for Professional Teaching Davis, Tom Linder Taylor (NC) its discretion use funds for the endowment Standards, not less than $7,000,000 shall be Deal (GA) Lucas (OK) Terry program as authorized under section 207. DeLay Manzullo Thomas provided to the American Board for the Cer- DeMint McInnis Thornberry tification of Teacher Excellence, and up to GALLAUDET UNIVERSITY Diaz-Balart, L. McKeon Tiberi $1,391,000 may be reserved by the Secretary For the Kendall Demonstration Elemen- Diaz-Balart, M. Mica Toomey to conduct an evaluation of activities au- tary School, the Model Secondary School for Doolittle Miller (FL) Turner (OH) thorized by such section: Provided further, the Deaf, and the partial support of Gal- Dreier Miller, Gary Walden (OR) Duncan Moran (VA) Wamp That $50,000,000 shall be for subpart 2 of part laudet University under titles I and II of the Dunn Musgrave Weldon (FL) B of title V: Provided further, That Education of the Deaf Act of 1986 (20 U.S.C. Everett Myrick Whitfield $100,000,000 shall be available to carry out 4301 et seq.), $104,000,000: Provided, That from Feeney Northup Wicker part D of title V of the ESEA. the total amount available, the University Forbes Norwood Wilson (SC) SAFE SCHOOLS AND CITIZENSHIP EDUCATION may at its discretion use funds for the en- Franks (AZ) Nunes Young (FL) For carrying out activities authorized by dowment program as authorized under sec- NOT VOTING—14 subpart 3 of part C of title II, part A of title tion 207. Ballenger Engel Ryan (OH) IV, and subparts 2, 3 and 10 of part D of title VOCATIONAL AND ADULT EDUCATION Bilirakis Flake Schrock V of the Elementary and Secondary Edu- For carrying out, to the extent not other- Cannon Grijalva Tauzin cation Act of 1965 (‘‘ESEA’’), $801,369,000, of wise provided, the Carl D. Perkins Voca- Dicks Mollohan Young (AK) which $440,908,000 shall become available on Dooley (CA) Nethercutt tional and Technical Education Act of 1998, July 1, 2005 and remain available through the Adult Education and Family Literacy ANNOUNCEMENT BY THE CHAIRMAN September 30, 2006: Provided, That $440,908,000 Act, and subpart 4 of part D of title V of the The CHAIRMAN (during the vote). shall be available for subpart 1 of part A of Elementary and Secondary Education Act of Members are advised 2 minutes remain title IV and $203,472,000 shall be available for 1965 (‘‘ESEA’’), $2,025,456,000, of which subpart 2 of part A of title IV: Provided fur- in this vote. $1,234,456,000 shall become available on July ther, That $128,347,000 shall be available to 1, 2005, and shall remain available through b 1624 carry out part D of title V of the ESEA: Pro- September 30, 2006, and of which $791,000,000 vided further, That of the funds available to So the amendment was agreed to. shall become available on October 1, 2005, carry out subpart 3 of part C of title II, up to and shall remain available through Sep- The result of the vote was announced $11,852,000 may be used to carry out section as above recorded. tember 30, 2006: Provided, That of the amount 2345. provided for Adult Education State Grants, PERSONAL EXPLANATION ENGLISH LANGUAGE ACQUISITION $69,135,000 shall be made available for inte- Mr. GRIJALVA. Mr. Chairman, on Sep- For carrying out part A of title III of the grated English literacy and civics education tember 7th and 8th, 2004, I was delayed in re- ESEA, $681,215,000, of which $595,715,000 shall services to immigrants and other limited

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.064 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6847 English proficient populations: Provided fur- tural Exchange Act of 1961 may be used to to a school other than the school which is ther, That of the amount reserved for inte- support visits and study in foreign countries nearest the student’s home, except for a stu- grated English literacy and civics education, by individuals who are participating in ad- dent requiring special education, to the notwithstanding section 211 of the Adult vanced foreign language training and inter- school offering such special education, in Education and Family Literacy Act, 65 per- national studies in areas that are vital to order to comply with title VI of the Civil cent shall be allocated to States based on a United States national security and who Rights Act of 1964. For the purpose of this State’s absolute need as determined by cal- plan to apply their language skills and section an indirect requirement of transpor- culating each State’s share of a 10-year aver- knowledge of these countries in the fields of tation of students includes the transpor- age of the Immigration and Naturalization government, the professions, or inter- tation of students to carry out a plan involv- Service data for immigrants admitted for national development: Provided further, That ing the reorganization of the grade structure legal permanent residence for the 10 most re- up to one percent of the funds referred to in of schools, the pairing of schools, or the clus- cent years, and 35 percent allocated to the preceding proviso may be used for pro- tering of schools, or any combination of States that experienced growth as measured gram evaluation, national outreach, and in- grade restructuring, pairing or clustering. by the average of the 3 most recent years for formation dissemination activities. The prohibition described in this section does not include the establishment of mag- which Immigration and Naturalization Serv- HOWARD UNIVERSITY ice data for immigrants admitted for legal net schools. For partial support of Howard University SEC. 303. No funds appropriated under this permanent residence are available, except (20 U.S.C. 121 et seq.), $243,893,000, of which Act may be used to prevent the implementa- that no State shall be allocated an amount not less than $3,552,000 shall be for a match- tion of programs of voluntary prayer and less than $60,000: Provided further, That of the ing endowment grant pursuant to the How- meditation in the public schools. amounts made available for the Adult Edu- ard University Endowment Act (Public Law cation and Family Literacy Act, $9,169,000 (TRANSFER OF FUNDS) 98–480) and shall remain available until ex- shall be for national leadership activities SEC. 304. Not to exceed 1 percent of any dis- pended. under section 243 and $6,692,000 shall be for cretionary funds (pursuant to the Balanced the National Institute for Literacy under COLLEGE HOUSING AND ACADEMIC FACILITIES Budget and Emergency Deficit Control Act section 242: Provided further, That $101,698,000 LOANS PROGRAM of 1985, as amended) which are appropriated shall be available to support the activities For Federal administrative expenses au- for the Department of Education in this Act authorized under subpart 4 of part D of title thorized under section 121 of the Higher Edu- may be transferred between appropriations, V of the Elementary and Secondary Edu- cation Act of 1965, $578,000 to carry out ac- but no such appropriation shall be increased cation Act of 1965, of which up to 5 percent tivities related to existing facility loans en- by more than 3 percent by any such transfer: shall become available October 1, 2004, and tered into under the Higher Education Act of Provided, That the Appropriations Commit- shall remain available through September 1965. tees of both Houses of Congress are notified 30, 2006, for evaluation, technical assistance, at least 15 days in advance of any transfer. HISTORICALLY BLACK COLLEGE AND UNIVER- SEC. 305. Section 8002(m) of the Elementary school networking, peer review of applica- SITY CAPITAL FINANCING PROGRAM ACCOUNT and Secondary Education Act of 1965 (20 tions, and program outreach activities, and The aggregate principal amount of out- U.S.C. 7702(m)) is amended by striking ‘‘5 of which not less than 95 percent shall be- standing bonds insured pursuant to section years’’ each place it appears and inserting ‘‘7 come available on July 1, 2005, and remain 344 of title III, part D of the Higher Edu- years’’. available through September 30, 2006, for cation Act of 1965, shall not exceed SEC. 306. None of the funds appropriated by grants to local educational agencies: Pro- $357,000,000, and the cost, as defined in sec- this Act shall be available to the Secretary vided further, That funds made available to tion 502 of the Congressional Budget Act of of Education— local education agencies under this subpart 1974, of such bonds shall not exceed zero. (1) to enforce any change or clarification of shall be used only for activities related to es- For administrative expenses to carry out Department of Education policy with respect tablishing smaller learning communities in the Historically Black College and Univer- to the Federal Family Education Loan Pro- high schools. sity Capital Financing Program entered into gram Consolidation loans for borrowers with STUDENT FINANCIAL ASSISTANCE pursuant to title III, part D of the Higher both FFEL and non-FFEL loans, as provided For carrying out subparts 1, 3 and 4 of part Education Act of 1965, as amended, $212,000. for in a dear colleague letter of the Sec- retary’s dated April 29, 2004; or A, part C and part E of title IV of the Higher INSTITUTE OF EDUCATION SCIENCES Education Act of 1965, as amended, (2) to issue letters regarding loan $14,755,794,000, which shall remain available For carrying out activities authorized by verification certificates to providers of Fed- through September 30, 2006. Public Law 107–279 and section 672 of the In- eral Family Education Loan requesting in- The maximum Pell Grant for which a stu- dividuals with Disabilities Education Act, formation regarding William D. Ford Direct dent shall be eligible during award year 2005– $526,804,000: Provided, That, of the amount ap- Student Loans, including Direct Stafford, 2006 shall be $4,050. propriated, $195,518,000 shall be available for PLUS, and Consolidation Loans, that state obligation through September 30, 2006. STUDENT AID ADMINISTRATION either of the following: DEPARTMENTAL MANAGEMENT (A) We cannot approve the certification For Federal administrative expenses (in form (s). The borrower has Direct Loans. addition to funds made available under sec- PROGRAM ADMINISTRATION (B) We cannot approve the certification tion 458), to carry out part D of title I, and For carrying out, to the extent not other- form (s). The borrower has a Direct Consoli- subparts 1, 3, and 4 of part A, and parts B, C, wise provided, the Department of Education dation Loan and has no other loans. D and E of title IV of the Higher Education Organization Act, including rental of con- This title may be cited as the ‘‘Department ference rooms in the District of Columbia Act of 1965, as amended, $120,247,000. of Education Appropriations Act, 2005’’. HIGHER EDUCATION and hire of three passenger motor vehicles, $421,055,000. TITLE IV—RELATED AGENCIES For carrying out, to the extent not other- ARMED FORCES RETIREMENT HOME wise provided, section 121 and titles II, III, OFFICE FOR CIVIL RIGHTS For expenses necessary for the Armed IV, V, VI, and VII of the Higher Education For expenses necessary for the Office for Forces Retirement Home to operate and Act of 1965 (‘‘HEA’’), as amended, section 1543 Civil Rights, as authorized by section 203 of maintain the Armed Forces Retirement of the Higher Education Amendments of 1992, the Department of Education Organization Home—Washington and the Armed Forces the Mutual Educational and Cultural Ex- Act, $90,248,000. Retirement Home—Gulfport, to be paid from change Act of 1961, and section 117 of the OFFICE OF THE INSPECTOR GENERAL funds available in the Armed Forces Retire- Carl D. Perkins Vocational and Technical For expenses necessary for the Office of the ment Home Trust Fund, $61,195,000, of which Education Act, $1,976,056,000, of which Inspector General, as authorized by section $4,000,000 shall remain available until ex- $1,500,000 for interest subsidies authorized by 212 of the Department of Education Organi- pended for construction and renovation of section 121 of the HEA shall remain available zation Act, $47,790,000. the physical plants at the Armed Forces Re- until expended: Provided, That $9,876,000, to tirement Home—Washington and the Armed GENERAL PROVISIONS remain available through September 30, 2006, Forces Retirement Home—Gulfport. shall be available to fund fellowships for aca- SEC. 301. No funds appropriated in this Act COMMITTEE FOR PURCHASE FROM PEOPLE WHO demic year 2006–2007 under part A, subpart 1 may be used for the transportation of stu- ARE BLIND OR SEVERELY DISABLED of title VII of said Act, under the terms and dents or teachers (or for the purchase of conditions of part A, subpart 1: Provided fur- equipment for such transportation) in order For expenses necessary of the Committee ther, That $988,000 is for data collection and to overcome racial imbalance in any school for Purchase From People Who Are Blind or evaluation activities for programs under the or school system, or for the transportation Severely Disabled established by Public Law 92–28, $4,672,000. HEA, including such activities needed to of students or teachers (or for the purchase comply with the Government Performance of equipment for such transportation) in CORPORATION FOR NATIONAL AND COMMUNITY and Results Act of 1993: Provided further, order to carry out a plan of racial desegrega- SERVICE That notwithstanding any other provision of tion of any school or school system. DOMESTIC VOLUNTEER SERVICE PROGRAMS, law, funds made available in this Act to SEC. 302. None of the funds contained in OPERATING EXPENSES carry out title VI of the HEA and section this Act shall be used to require, directly or For expenses necessary for the Corporation 102(b)(6) of the Mutual Educational and Cul- indirectly, the transportation of any student for National and Community Service to

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.053 H08PT1 H6848 CONGRESSIONAL RECORD — HOUSE September 8, 2004

carry out the provisions of the Domestic FEDERAL MINE SAFETY AND HEALTH REVIEW age benefit received exceeds $108,000,000: Pro- Volunteer Service Act of 1973, as amended, COMMISSION vided, That the total amount provided herein $353,197,000: Provided, That none of the funds SALARIES AND EXPENSES shall be credited in 12 approximately equal made available to the Corporation for Na- amounts on the first day of each month in For expenses necessary for the Federal tional and Community Service in this Act the fiscal year. Mine Safety and Health Review Commission for activities authorized by section 122 of (30 U.S.C. 801 et seq.), $7,813,000. FEDERAL PAYMENTS TO THE RAILROAD part C of title I and part E of title II of the RETIREMENT ACCOUNTS Domestic Volunteer Service Act of 1973 shall INSTITUTE OF MUSEUM AND LIBRARY SERVICES For payment to the accounts established be used to provide stipends or other mone- For carrying out the Museum and Library in the Treasury for the payment of benefits tary incentives to volunteers or volunteer Services Act of 1996, $261,743,000, to remain under the Railroad Retirement Act for inter- leaders whose incomes exceed 125 percent of available until expended. est earned on unnegotiated checks, $150,000, the national poverty level. MEDICARE PAYMENT ADVISORY COMMISSION to remain available through September 30, CORPORATION FOR PUBLIC BROADCASTING SALARIES AND EXPENSES 2006, which shall be the maximum amount For payment to the Corporation for Public For expenses necessary to carry out sec- available for payment pursuant to section Broadcasting, as authorized by the Commu- tion 1805 of the Social Security Act, 417 of Public Law 98–76. nications Act of 1934, an amount which shall $9,905,000, to be transferred to this appropria- LIMITATION ON ADMINISTRATION be available within limitations specified by tion from the Federal Hospital Insurance and For necessary expenses for the Railroad that Act, for the fiscal year 2007, $400,000,000: the Federal Supplementary Medical Insur- Retirement Board for administration of the Provided, That no funds made available to ance Trust Funds. Railroad Retirement Act and the Railroad the Corporation for Public Broadcasting by NATIONAL COMMISSION ON LIBRARIES AND Unemployment Insurance Act, $102,202,000, to this Act shall be used to pay for receptions, INFORMATION SCIENCE be derived in such amounts as determined by parties, or similar forms of entertainment the Board from the railroad retirement ac- for Government officials or employees: Pro- SALARIES AND EXPENSES counts and from moneys credited to the rail- vided further, That none of the funds con- For necessary expenses for the National road unemployment insurance administra- tained in this paragraph shall be available or Commission on Libraries and Information tion fund. used to aid or support any program or activ- Science, established by the Act of July 20, ity from which any person is excluded, or is 1970 (Public Law 91–345, as amended), LIMITATION ON THE OFFICE OF INSPECTOR denied benefits, or is discriminated against, $1,000,000. GENERAL on the basis of race, color, national origin, NATIONAL COUNCIL ON DISABILITY For expenses necessary for the Office of In- religion, or sex. spector General for audit, investigatory and SALARIES AND EXPENSES Of the amounts made available to the Cor- review activities, as authorized by the In- poration for Public Broadcasting for fiscal For expenses necessary for the National spector General Act of 1978, as amended, not year 2005 by Public Law 108–7, up to Council on Disability as authorized by title more than $6,561,000, to be derived from the $20,000,000 is available for grants associated IV of the Rehabilitation Act of 1973, as railroad retirement accounts and railroad with the transition of public broadcasting to amended, $2,873,000. unemployment insurance account: Provided, digital broadcasting, including costs related NATIONAL LABOR RELATIONS BOARD That none of the funds made available in any to transmission equipment and program pro- SALARIES AND EXPENSES other paragraph of this Act may be trans- duction, development, and distribution, to be ferred to the Office; used to carry out any For expenses necessary for the National awarded as determinded by the Corporation such transfer; used to provide any office Labor Relations Board to carry out the func- in consultation with public radio and tele- space, equipment, office supplies, commu- tions vested in it by the Labor-Management vision licensees or permittees, or their des- nications facilities or services, maintenance Relations Act, 1947, as amended (29 U.S.C. ignated representatives; and up to $60,000,000 services, or administrative services for the 141–167), and other laws, $248,785,000: Provided, is available pursuant to section 396(k)(10) of Office; used to pay any salary, benefit, or That no part of this appropriation shall be the Communications Act of 1934, as amended, award for any personnel of the Office; used to available to organize or assist in organizing for replacement and upgrade of the public pay any other operating expense of the Of- agricultural laborers or used in connection television interconnection system: Provided, fice; or used to reimburse the Office for any with investigations, hearings, directives, or That section 396(k)(3) shall apply only to service provided, or expense incurred, by the orders concerning bargaining units composed amounts remaining after allocations made Office. of agricultural laborers as referred to in sec- herein. tion 2(3) of the Act of July 5, 1935 (29 U.S.C. SOCIAL SECURITY ADMINISTRATION FEDERAL MEDIATION AND CONCILIATION 152), and as amended by the Labor-Manage- PAYMENTS TO SOCIAL SECURITY TRUST FUNDS SERVICE ment Relations Act, 1947, as amended, and as For payment to the Federal Old-Age and SALARIES AND EXPENSES defined in section 3(f) of the Act of June 25, Survivors Insurance and the Federal Dis- For expenses necessary for the Federal Me- 1938 (29 U.S.C. 203), and including in said defi- ability Insurance trust funds, as provided diation and Conciliation Service to carry out nition employees engaged in the mainte- under sections 201(m), 228(g), and 1131(b)(2) of the functions vested in it by the Labor Man- nance and operation of ditches, canals, res- the Social Security Act, $20,454,000. ervoirs, and waterways when maintained or agement Relations Act, 1947 (29 U.S.C. 171– SUPPLEMENTAL SECURITY INCOME PROGRAM 180, 182–183), including hire of passenger operated on a mutual, nonprofit basis and at For carrying out titles XI and XVI of the motor vehicles; for expenses necessary for least 95 percent of the water stored or sup- Social Security Act, section 401 of Public the Labor-Management Cooperation Act of plied thereby is used for farming purposes. Law 92–603, section 212 of Public Law 93–66, 1978 (29 U.S.C. 175a); and for expenses nec- NATIONAL MEDIATION BOARD as amended, and section 405 of Public Law essary for the Service to carry out the func- SALARIES AND EXPENSES 95–216, including payment to the Social Secu- tions vested in it by the Civil Service Reform For expenses necessary to carry out the rity trust funds for administrative expenses Act, Public Law 95–454 (5 U.S.C. ch. 71), provisions of the Railway Labor Act, as incurred pursuant to section 201(g)(1) of the $43,964,000, including $1,500,000, to remain amended (45 U.S.C. 151–188), including emer- Social Security Act, $28,578,829,000, to remain available through September 30, 2006, for ac- gency boards appointed by the President, available until expended: Provided, That any tivities authorized by the Labor-Manage- $11,635,000. portion of the funds provided to a State in ment Cooperation Act of 1978 (29 U.S.C. 175a): the current fiscal year and not obligated by Provided, That notwithstanding 31 U.S.C. OCCUPATIONAL SAFETY AND HEALTH REVIEW the State during that year shall be returned 3302, fees charged, up to full-cost recovery, COMMISSION to the Treasury. for special training activities and other con- SALARIES AND EXPENSES For making, after June 15 of the current flict resolution services and technical assist- For expenses necessary for the Occupa- fiscal year, benefit payments to individuals ance, including those provided to foreign tional Safety and Health Review Commis- under title XVI of the Social Security Act, governments and international organiza- sion (29 U.S.C. 661), $10,516,000. for unanticipated costs incurred for the cur- tions, and for arbitration services shall be RAILROAD RETIREMENT BOARD rent fiscal year, such sums as may be nec- credited to and merged with this account, essary. and shall remain available until expended: DUAL BENEFITS PAYMENTS ACCOUNT For making benefit payments under title Provided further, That fees for arbitration For payment to the Dual Benefits Pay- XVI of the Social Security Act for the first services shall be available only for edu- ments Account, authorized under section quarter of fiscal year 2006, $10,930,000,000, to cation, training, and professional develop- 15(d) of the Railroad Retirement Act of 1974, remain available until expended. ment of the agency workforce: Provided fur- $108,000,000, which shall include amounts be- ther, That the Director of the Service is au- coming available in fiscal year 2005 pursuant LIMITATION ON ADMINISTRATIVE EXPENSES thorized to accept and use on behalf of the to section 224(c)(1)(B) of Public Law 98–76; For necessary expenses, including the hire United States gifts of services and real, per- and in addition, an amount, not to exceed 2 of two passenger motor vehicles, and not to sonal, or other property in the aid of any percent of the amount provided herein, shall exceed $15,000 for official reception and rep- projects or functions within the Director’s be available proportional to the amount by resentation expenses, not more than jurisdiction. which the product of recipients and the aver- $8,674,100,000 may be expended, as authorized

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.053 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6849 by section 201(g)(1) of the Social Security Mr. SHADEGG (during the reading). Strike the provisions of the amendment re- Act, from any one or all of the trust funds Mr. Chairman, I ask unanimous con- ducing funds for Education for the Disadvan- referred to therein: Provided, That not less sent that the amendment be considered taged. than $2,000,000 shall be for the Social Secu- Insert the following language into the as read and printed in the RECORD. rity Advisory Board: Provided further, That amendment: unobligated balances of funds provided under The CHAIRMAN. Is there objection ‘‘At the end of the bill (before the short this paragraph at the end of fiscal year 2005 to the request of the gentleman from title), insert the following new section: not needed for fiscal year 2005 shall remain Arizona? ‘Sec. . In the case of taxpayers with ad- available until expended to invest in the So- There was no objection. justed gross income in excess of $1,000,000, for cial Security Administration information Mr. SHADEGG. Mr. Chairman, this is the tax year beginning in 2005 the amount of technology and telecommunications hard- an amendment offered by myself and tax reduction resulting from enactment of ware and software infrastructure, including the gentlewoman from Colorado (Mrs. the Economic Growth and Tax Relief Rec- related equipment and non-payroll adminis- MUSGRAVE), and we believe it is ex- onciliation Act of 2001 and the Jobs Growth trative expenses associated solely with this tremely important at this particular and Tax Relief Reconciliation Act of 2003 information technology and telecommuni- shall be reduced by $125 for each such tax- cations infrastructure: Provided further, That time in our Nation’s history. payer.’’’ reimbursement to the trust funds under this Mr. Chairman, the base bill we have heading for expenditures for official time for before us omits any funding for title V, Mr. REGULA. Mr. Chairman, I re- employees of the Social Security Adminis- part A education block grants, and serve a point of order on the proposed tration pursuant to section 7131 of title 5, that program has previously been fund- amendment. United States Code, and for facilities or sup- ed at the level of $296 million. That The CHAIRMAN. The gentleman port services for labor organizations pursu- program is one of the few places where from Ohio reserves a point of order on ant to policies, regulations, or procedures re- educators in America have flexibility the amendment to the amendment. ferred to in section 7135(b) of such title shall Mr. OBEY. Mr. Chairman, I certainly be made by the Secretary of the Treasury, to spend money as they see fit. Indeed, with interest, from amounts in the general these title V block grants are critical, have no objection to the gentleman’s fund not otherwise appropriated, as soon as and they give local educators the flexi- efforts to provide funding for the block possible after such expenditures are made. bility and the funds to address local grant program. I think we ought to do In addition, $124,000,000 to be derived from needs. They are used to reduce class that, but I offer this amendment to il- administration fees in excess of $5.00 per sup- size, buy computers, provide teacher lustrate that the budget resolution plementary payment collected pursuant to adopted by the majority has put this section 1616(d) of the Social Security Act or training, and they are used to support remedial reading efforts. committee in a position where each section 212(b)(3) of Public Law 93–66, which time a Member of either the majority shall remain available until expended. To It is the flexibility of these grants the extent that the amounts collected pursu- that are so important at a time when or minority party tries to save a de- ant to such section 1616(d) or 212(b)(3) in fis- the no child left behind bill is being serving program, they are forced to cal year 2005 exceed $124,000,000, the amounts funded across our Nation, and some gouge another deserving program in shall be available in fiscal year 2006 only to people say there is not sufficient fund- order to pay for it. the extent provided in advance in appropria- ing. Many local educators have spoken tions Acts. b 1630 From funds previously appropriated for up and said this program needs to be Federal-State partnerships, any unobligated funded. Yet at the same time, that same balances at the end of fiscal year 2004 shall Indeed, in a letter from the American budget resolution made it possible for be transferred to the Supplemental Security Association of School Administrators, the government to provide every per- Income Program and remain available until which represents more than 14,000 son in this country who makes $1 mil- expended to promote Medicare buy-in pro- school administrators and local edu- lion or more a year with a $127,000 tax grams targeted to elderly and disabled indi- cation leaders across the country, in a cut this year. What this amendment viduals under titles XVIII and XIX of the So- letter dated just yesterday, they said, points out is that if we simply reduce cial Security Act. ‘‘At a time when every dollar flowing that $127,000 tax cut for millionaires by OFFICE OF INSPECTOR GENERAL from the Federal Government to local $125, so they would be stuck with a (INCLUDING TRANSFER OF FUNDS) districts has a specific purpose, only whole $125 less than $127,000, if we did For expenses necessary for the Office of In- that, we would not have to cut into the spector General in carrying out the provi- this funding stream,’’ the title V edu- sions of the Inspector General Act of 1978, as cation block grant, ‘‘allows districts Even Start program. amended, $25,748,000, together with not to ex- the flexibility to use the dollars to I am not the sponsor of the Even ceed $65,359,000, to be transferred and ex- meet the unique needs of the local Start program. The sponsor of the pended as authorized by section 201(g)(1) of school district.’’ The letter went on to Even Start program was a former Re- the Social Security Act from the Federal say every district benefits from fund- publican Member of this House who Old-Age and Survivors Insurance Trust Fund ing under this block grant; therefore, was a Republican chairman of the Edu- and the Federal Disability Insurance Trust every district would be affected by its cation and Labor Committee, Bill Fund. Goodling. I do not think we ought to be In addition, an amount not to exceed 3 per- elimination, and they reiterate these cent of the total provided in this appropria- dollars are helping local school dis- going after that program in order to do tion may be transferred from the ‘‘Limita- tricts implement No Child Left Behind. what the gentleman wants to do. So I tion on Administrative Expenses’’, Social I believe there is no opposition to the am offering this amendment simply to Security Administration, to be merged with addition of the funding which this illustrate that there are other ways to this account, to be available for the time and amendment offers. What there is is a deal with this problem that are much purposes for which this account is available: debate about the source of that fund- more socially just and economically Provided, That notice of such transfers shall ing. The amendment takes $20 million sensible. be transmitted promptly to the Committees I do not see why we ought to be cut- on Appropriations of the House and Senate. from the Even Start Program and puts it into this title V education block pro- ting into funding which helps families AMENDMENT OFFERED BY MR. SHADEGG of disadvantaged children learn to read Mr. SHADEGG. Mr. Chairman, I offer gram. We chose that because it was the and write. I do not see why we should an amendment. only source we could find. We would The Clerk read as follows: note that Even Start is already funded be cutting into that program in order to fund the other block grant program. Amendment offered by Mr. SHADEGG: at $247 million, and that is a sufficient At the end of title III of the bill, insert amount to continue the programs al- But this is the kind of robbing-Peter- after the last section (preceding the short ready funded. I urge my colleagues to to-pay-Paul situation that we have title) the following: support the amendment. been backed into by the majority and SEC. l. For ‘‘SCHOOL IMPROVEMENT PRO- AMENDMENT OFFERED BY MR. OBEY TO by the White House. GRAMS’’ for innovative programs, as author- AMENDMENT OFFERED BY MR. SHADEGG Mr. Chairman, I offer this amend- ized by part A of title V of the Elementary ment in the hopes that the majority and Secondary Education Act of 1965 (20 Mr. OBEY. Mr. Chairman, I offer an U.S.C. 7201 et seq.), and the amount other- amendment to the amendment. will not strike it on a point of order, wise provided by this Act for ‘‘EDUCATION The Clerk read as follows: because I think this is a much more FOR THE DISADVANTAGED’’ is hereby reduced Amendment offered by Mr. OBEY to amend- civilized way to deal with what the by, $20,000,000. ment offered by Mr. SHADEGG: gentleman is trying to do.

VerDate Aug 04 2004 06:45 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.053 H08PT1 H6850 CONGRESSIONAL RECORD — HOUSE September 8, 2004 POINT OF ORDER I am extremely supportive of giving The Clerk read as follows: The CHAIRMAN. Does the gentleman our local educators flexibility with TITLE V—GENERAL PROVISIONS from Ohio insist on his point of order? their funding so they can make deci- SEC. 501. The Secretaries of Labor, Health Mr. REGULA. Mr. Chairman, we will sions that truly benefit students. These and Human Services, and Education are au- have to insist on our point of order be- innovative education funds can be used thorized to transfer unexpended balances of cause obviously this is legislating on for anything to improve academic prior appropriations to accounts cor- an appropriations, to add the language achievement. I urge my colleagues to responding to current appropriations pro- that the gentleman from Wisconsin is support this amendment and restore vided in this Act: Provided, That such trans- proposing. It violates clause 2 of rule ferred balances are used for the same pur- these funds. pose, and for the same periods of time, for XXI. The rule states in pertinent part Mr. REGULA. Mr. Chairman, I move which they were originally appropriated. that an amendment to a general appro- to strike the requisite number of SEC. 502. No part of any appropriation con- priation bill shall not be in order if it words. tained in this Act shall remain available for changes existing law. Obviously, this I rise in support of this amendment. obligation beyond the current fiscal year un- amendment proposes a change in exist- I think it is a fairness issue because we less expressly so provided herein. ing law by prescribing changes in tax want to give all the children in the SEC. 503. (a) No part of any appropriation liabilities; and, therefore, we insist on schools of the United States an oppor- contained in this Act shall be used, other than for normal and recognized executive- our point of order. tunity. What this does, and unfortu- legislative relationships, for publicity or The CHAIRMAN. Does the gentleman nately we had to drop it from the origi- propaganda purposes, for the preparation, from Wisconsin wish to be heard on the nal bill, it was $296 million last year distribution, or use of any kit, pamphlet, point of order? and down to zero, in an effort to beef booklet, publication, radio, television, or Mr. OBEY. Yes, I do, Mr. Chairman. up a lot of programs that are very im- video presentation designed to support or de- Mr. Chairman, the gentleman seeks portant to Members. feat legislation pending before the Congress to strike this amendment on a point of But I think in fairness this is a very or any State legislature, except in presen- order. I would point out that the pur- modest amendment that is being pro- tation to the Congress or any State legisla- pose of the Budget Act is to force Con- ture itself. posed by the gentleman from Arizona. (b) No part of any appropriation contained gress to make choices, to choose be- It is $20 million. It gives the schools in this Act shall be used to pay the salary or tween priorities in the process of put- that are taking responsibility, the pa- expenses of any grant or contract recipient, ting together a comprehensive budget. rochial schools, some of the private or agent acting for such recipient, related to What the majority has done by the way schools, some of the schools that are in any activity designed to influence legisla- it has used budget resolutions and the another venue, and it is a modest tion or appropriations pending before the process of reconciliation is, instead, to amount to say to them, we understand Congress or any State legislature. fragment the budget process so that and we care about what happens in SEC. 504. The Secretaries of Labor and Edu- the Congress never gets to deal with cation are authorized to make available not your school, too. We care about the to exceed $28,000 and $20,000, respectively, the trade-offs between revenues and ex- students in your school, that they get from funds available for salaries and ex- penditures. That, I think, is a funda- an equal shot or at least some help, a penses under titles I and III, respectively, for mental corruption of the original in- recognition of the importance of that. official reception and representation ex- tention of the Budget Act. The Even Start program will still penses; the Director of the Federal Medi- I wish that the majority party had have a lot of money left. It is not as if ation and Conciliation Service is authorized not determined to walk down this road, we are putting it way behind. In light to make available for official reception and but they have; and under the approach of all that, I strongly support the representation expenses not to exceed $5,000 that they have established in the from the funds available for ‘‘Salaries and amendment proposed by the gentleman expenses, Federal Mediation and Concilia- House, I must concede the point of from Arizona. tion Service’’; and the Chairman of the Na- order, but it is too bad because it Mr. SHADEGG. Mr. Chairman, I ask tional Mediation Board is authorized to means that we are going to be gouging unanimous consent to strike the req- make available for official reception and rep- one good Republican program in order uisite number of words. resentation expenses not to exceed $5,000 to pay for one good national program. The CHAIRMAN. Without objection, from funds available for ‘‘Salaries and ex- The CHAIRMAN. The point of order the gentleman from Arizona is recog- penses, National Mediation Board’’. is conceded and sustained and the nized for 5 minutes. SEC. 505. Notwithstanding any other provi- amendment to the Shadegg amend- There was no objection. sion of this Act, no funds appropriated under this Act shall be used to carry out any pro- ment is not in order. Mr. SHADEGG. Mr. Chairman, I gram of distributing sterile needles or sy- Mrs. MUSGRAVE. Mr. Chairman, I thank the chairman of the sub- ringes for the hypodermic injection of any il- move to strike the last word. committee for his support of this legal drug. Mr. Chairman, I am pleased to offer amendment; and to my friend from the POINT OF ORDER this amendment today with the gen- opposite side of the aisle, I want to Mr. TOM DAVIS of Virginia. Mr. tleman from Arizona to restore much- make it clear to him, we did propose a Chairman, I raise a point of order needed funding for the title V block much more modest amendment, only against section 506. This provision vio- grant program. These funds allow local $20 million. Our original goal had been lates clause 2(b) of House rule XXI. It educators the flexibility to address to restore the entire $296 million. I proposes to change existing law and, local needs, whether it is school safety, would hope that in negotiations with therefore, constitutes legislation on an remedial reading, dropout prevention, the other body you would find, as I appropriation bill in violation of House professional development or support know the chairman will look to find, rules. for charter schools. funds to put into this block grant pro- The CHAIRMAN. Does any other This innovative education program is gram. I understand and sympathize Member wish to be heard on the point the most flexible program contained with the remarks he made in his effort. of order? within the Elementary and Secondary Hopefully, as this bill moves forward Mr. REGULA. Mr. Chairman, we rec- Education Act. It is the only formula and he will be in the conference and I ognize the validity of the gentleman’s program that allows recipients to use will not, you can restore these funds point and we certainly, in light of the the funds to benefit any and all student even above the $20 million level here. circumstances, concede that the point populations in any and all schools. In Our effort was to be sure there was a of order is valid. 2001–2002, 23 percent of the money pro- line item in the bill as it leaves the The CHAIRMAN. The point of order vided to Colorado through this block House for you to work with as you go is conceded and sustained and that pro- grant was used for literacy programs, to the Members of the other body on vision is stricken from the bill. and 11 percent was used for library ma- this issue. The Clerk will read. terials. Other States have used the The CHAIRMAN. The question is on The Clerk read as follows: money for computers and teachers. the amendment offered by the gen- SEC. 507. When issuing statements, press Many States are now using the money tleman from Arizona (Mr. SHADEGG). releases, requests for proposals, bid solicita- to meet the academic requirements of The amendment was agreed to. tions and other documents describing No Child Left Behind. The CHAIRMAN. The Clerk will read. projects or programs funded in whole or in

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.132 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6851 part with Federal money, all grantees re- means from one or more human gametes or (1) creates new programs; ceiving Federal funds included in this Act, human diploid cells. (2) eliminates a program, project, or activ- including but not limited to State and local SEC. 511. (a) None of the funds made avail- ity; governments and recipients of Federal re- able in this Act may be used for any activity (3) increases funds or personnel by any search grants, shall clearly state— that promotes the legalization of any drug or means for any project or activity for which (1) the percentage of the total costs of the other substance included in schedule I of the funds have been denied or restricted; program or project which will be financed schedules of controlled substances estab- (4) relocates an office or employees; with Federal money; lished by section 202 of the Controlled Sub- (5) reorganizes or renames offices; (2) the dollar amount of Federal funds for stances Act (21 U.S.C. 812). (6) reorganizes programs or activities; or the project or program; and (b) The limitation in subsection (a) shall (7) contracts out or privatizes any func- (3) percentage and dollar amount of the not apply when there is significant medical tions or activities presently performed by total costs of the project or program that evidence of a therapeutic advantage to the Federal employees; unless the Appropria- will be financed by non-governmental use of such drug or other substance or that tions Committees of both Houses of Congress sources. federally sponsored clinical trials are being are notified 15 days in advance of such re- SEC. 508. (a) None of the funds appropriated conducted to determine therapeutic advan- programming of funds. under this Act, and none of the funds in any tage. (b) None of the funds provided under this trust fund to which funds are appropriated SEC. 512. None of the funds made available Act, or provided under previous appropria- under this Act, shall be expended for any in this Act may be obligated or expended to tions Acts to the agencies funded by this Act abortion. enter into or renew a contract with an entity that remain available for obligation or ex- (b) None of the funds appropriated under if— penditure in fiscal year 2005, or provided this Act, and none of the funds in any trust (1) such entity is otherwise a contractor from any accounts in the Treasury of the fund to which funds are appropriated under with the United States and is subject to the United States derived by the collection of this Act, shall be expended for health bene- requirement in section 4212(d) of title 38, fees available to the agencies funded by this fits coverage that includes coverage of abor- United States Code, regarding submission of Act, shall be available for obligation or ex- tion. an annual report to the Secretary of Labor penditure through a reprogramming of funds (c) The term ‘‘health benefits coverage’’ concerning employment of certain veterans; in excess of $500,000 or 10 percent, whichever means the package of services covered by a and is less, that— managed care provider or organization pur- (2) such entity has not submitted a report (1) augments existing programs, projects suant to a contract or other arrangement. as required by that section for the most re- (including construction projects), or activi- SEC. 509. (a) The limitations established in cent year for which such requirement was ties; the preceding section shall not apply to an applicable to such entity. (2) reduces by 10 percent funding for any abortion— SEC. 513. None of the funds made available existing program, project, or activity, or (1) if the pregnancy is the result of an act in this Act may be used to promulgate or numbers of personnel by 10 percent as ap- of rape or incest; or adopt any final standard under section proved by Congress; or (2) in the case where a woman suffers from 1173(b) of the Social Security Act (42 U.S.C. (3) results from any general savings from a a physical disorder, physical injury, or phys- 1320d–2(b)) providing for, or providing for the reduction in personnel which would result in ical illness, including a life-endangering assignment of, a unique health identifier for a change in existing programs, activities, or physical condition caused by or arising from an individual (except in an individual’s ca- projects as approved by Congress; unless the the pregnancy itself, that would, as certified pacity as an employer or a health care pro- Appropriations Committees of both Houses by a physician, place the woman in danger of vider), until legislation is enacted specifi- of Congress are notified 15 days in advance of death unless an abortion is performed. cally approving the standard. such reprogramming of funds. (b) Nothing in the preceding section shall SEC. 514. None of the funds made available AMENDMENT OFFERED BY MR. TOM DAVIS OF be construed as prohibiting the expenditure in this Act may be transferred to any depart- VIRGINIA by a State, locality, entity, or private person ment, agency, or instrumentality of the Mr. TOM DAVIS of Virginia. Mr. of State, local, or private funds (other than United States Government, except pursuant Chairman, I offer an amendment. a State’s or locality’s contribution of Med- to a transfer made by, or transfer authority The Clerk read as follows: icaid matching funds). provided in, this Act or any other appropria- Amendment offered by Mr. TOM DAVIS of (c) Nothing in the preceding section shall tion Act. Virginia: be construed as restricting the ability of any SEC. 515. None of the funds made available At the end of the bill, insert after the last managed care provider from offering abor- by this Act to carry out the Library Services section (preceding the short title) the fol- tion coverage or the ability of a State or lo- and Technology Act may be made available lowing: cality to contract separately with such a to any library covered by paragraph (1) of SEC. ll. (a) Paragraph (2) of section provider for such coverage with State funds section 224(f) of such Act (20 U.S.C. 9134(f)), 1122(c) of the Elementary and Secondary (other than a State’s or locality’s contribu- as amended by the Children’s Internet Pro- Education Act of 1965 (20 U.S.C. 6332(c)) is tion of Medicaid matching funds). tections Act, unless such library has made amended— (d)(1) None of the funds made available in the certifications required by paragraph (4) (1) by striking ‘‘If sufficient funds’’ and in- this Act may be made available to a Federal of such section. serting the following: agency or program, or to a State or local SEC. 516. None of the funds made available ‘‘(A) CONCENTRATION GRANTS.—If sufficient government, if such agency, program, or gov- by this Act to carry out part D of title II of funds’’; and ernment subjects any institutional or indi- the Elementary and Secondary Education (2) by adding at the end the following: vidual health care entity to discrimination Act of 1965 may be made available to any ele- ‘‘(B) TARGETED GRANTS.—Notwithstanding on the basis that the health care entity does mentary or secondary school covered by the inability of a local educational agency to not provide, pay for, provide coverage of, or paragraph (1) of section 2441(a) of such Act meet the minimum eligibility criteria de- refer for abortions. (20 U.S.C. 6777(a)), as amended by the Chil- scribed in section 1125(a)(1) for a fiscal year, (2) In this subsection, the term ‘‘health dren’s Internet Protections Act and the No if sufficient funds are appropriated, the care entity’’ includes an individual physician Child Left Behind Act, unless the local edu- amount made available to the agency under or other health care professional, a hospital, cational agency with responsibility for such section 1125 for that year shall be— a provider-sponsored organization, a health covered school has made the certifications ‘‘(i) if the agency met such minimum eligi- maintenance organization, a health insur- required by paragraph (2) of such section. bility criteria and received a grant under ance plan, or any other kind of health care SEC. 517. None of the funds appropriated in section 1125 for the preceding fiscal year, not facility, organization, or plan. this Act may be used to enter into an ar- less than 67 percent of the amount of such SEC. 510. (a) None of the funds made avail- rangement under section 7(b)(4) of the Rail- grant; or able in this Act may be used for— road Retirement Act of 1974 (45 U.S.C. ‘‘(ii) if the agency met such minimum eli- (1) the creation of a human embryo or em- 231f(b)(4)) with a nongovernmental financial gibility criteria and received a grant under bryos for research purposes; or institution to serve as disbursing agent for section 1125 for the second preceding fiscal (2) research in which a human embryo or benefits payable under the Railroad Retire- year (but not the preceding fiscal year), not embryos are destroyed, discarded, or know- ment Act of 1974. less than 34 percent of the amount of such ingly subjected to risk of injury or death SEC. 518. (a) None of the funds provided grant. greater than that allowed for research on under this Act, or provided under previous ‘‘(C) EDUCATION FINANCE INCENTIVE fetuses in utero under 45 CFR 46.208(a)(2) and appropriations Acts to the agencies funded GRANTS.—Notwithstanding the inability of a section 498(b) of the Public Health Service by this Act that remain available for obliga- local educational agency to meet the min- Act (42 U.S.C. 289g(b)). tion or expenditure in fiscal year 2005, or imum eligibility criteria described in section (b) For purposes of this section, the term provided from any accounts in the Treasury 1125A(c) for a fiscal year, if sufficient funds ‘‘human embryo or embryos’’ includes any of the United States derived by the collec- are appropriated, the amount made available organism, not protected as a human subject tion of fees available to the agencies funded to the agency under section 1125A for that under 45 CFR 46 as of the date of the enact- by this Act, shall be available for obligation year shall be— ment of this Act, that is derived by fertiliza- or expenditure through a reprogramming of ‘‘(i) if the agency met such minimum eligi- tion, parthenogenesis, cloning, or any other funds that— bility criteria and received a grant under

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.057 H08PT1 H6852 CONGRESSIONAL RECORD — HOUSE September 8, 2004 section 1125A for the preceding fiscal year, and EFIG grants. The first year the the need of the Fairfax County school system not less than 67 percent of the amount of school district fell below the 5 percent to receive Title I funds than old census data. such grant; or level, it would still be eligible for two- Because Title I funds are allocated on the ‘‘(ii) if the agency met such minimum eli- thirds of the amount they received the gibility criteria and received a grant under basis of poverty and not the basis of free and section 1125A for the second preceding fiscal previous year. The second year it reduced price lunch eligibility, this school sys- year (but not the preceding fiscal year), not would be eligible for one-third. The tem stands to see their Title I funds decreased less than 34 percent of the amount of such third year it would lose eligibility. by 26 percent, the largest dollar decrease of grant.’’. In my estimation such a stair-step any school division in the country. (b) The amendments made by this section system would better reflect a true This poverty threshold calculation actually apply only with respect to funds appro- change in the demographics of a given under emphasizes significant pockets of pov- priated for fiscal year 2005 or any subsequent school district and allow better plan- erty in otherwise relatively wealthy school dis- fiscal year. ning from year to year. As I said, this tricts. The Fairfax County Public School Sys- Mr. TOM DAVIS of Virginia (during equates to almost $33,000 a student for tem is a perfect example of a school district the reading). Mr. Chairman, I ask a loss of 106 students. which includes the wealthy areas of Great unanimous consent that the amend- I will withdraw the amendment, but Falls and McLean but also the traditionally un- ment be considered as read and printed hope that the members on the author- derserved areas of the Route 1 Corridor and in the RECORD. izing committee and appropriation Baileys Crossroads, where a majority of stu- The CHAIRMAN. Is there objection committees will work with us in the dents on free and reduced lunch reside. to the request of the gentleman from future to try to look at such a stepped This calculation is not fair to those students Virginia? approach, which I think makes for bet- in the poor sections of a wealthy county, and There was no objection. ter planning. Mr. REGULA. Mr. Chairman, I re- does not accurately portray the needs of them, Mr. MORAN of Virginia. Mr. Chairman, I rise serve a point of order. their teachers and their schools. in strong support of this amendment which will The CHAIRMAN. The gentleman I urge all my colleagues to adopt the Davis- help to correct an ‘‘unfair penalty’’ relating to from Ohio reserves a point of order. Moran amendment and make the Title I fund- Mr. OBEY. Mr. Chairman, I also re- Title I funding for some of our nation’s most ing formula more equitable in order to ensure serve a point of order. deserving schools. that no child is left behind. The CHAIRMAN. The gentleman There are four different grant categories Mr. TOM DAVIS of Virginia. Mr. from Wisconsin reserves a point of which deliver Title I funds to school districts: Chairman, I ask unanimous consent to order. Basic Grants, Targeted Grants, Education Fi- withdraw the amendment. Mr. TOM DAVIS of Virginia. Mr. nance Incentive Grants (EFIG), and Con- The CHAIRMAN. Is there objection Chairman, first let me state I realize centration Grants. The Department of Edu- to the request of the gentleman from this amendment is subject to a point of cation maintains a 5 percent poverty level Virginia? order so I will withdraw the amend- ‘‘cliff’’ for Education Finance Incentive Grants There was no objection. ment, but I want to take the oppor- and targeted grants. AMENDMENT OFFERED BY MR. GEORGE MILLER tunity to raise an important issue that This means that if a school district’s poverty OF CALIFORNIA is of great importance to the Fairfax line falls below five percent, they lose a signifi- Mr. GEORGE MILLER of California. County school districts which I rep- cant portion of their Title I funds. Mr. Chairman, I offer an amendment. resent. The Davis-Moran amendment would provide The Clerk read as follows: a phase out of funds over several years, for Mr. Chairman, No Child Left Behind Amendment offered by Mr. GEORGE MILLER requires the Department of Education example, if the school district falls below the 5 of California: to use the most up-to-date poverty percent requirement, they would only lose 33 At the end of the bill, before the short data from the Census Bureau when de- percent the following fiscal year. After the sec- title, insert the following: termining eligibility for title I grants. ond consecutive year, they would lose 66 per- SEC. ll. None of the funds appropriated The intent behind this requirement is cent. After the third year, they would lose all by this Act may be used by the Pension Ben- efit Guaranty Corporation to enforce section sensible. We want title I funds going funding. If a school district’s poverty data rose above the 5 percent minimum level, it would 4010(c) of the Employee Retirement Income where they are most needed. Security Act of 1974. That said, two of the four available be fully eligible to receive education finance Mr. REGULA. Mr. Chairman, I re- title I grant programs, Targeted incentive grants and targeted grants. serve a point of order. Grants and Education Finance Incen- As a representative of one of the largest Mr. GEORGE MILLER of California. tive Grants, have a 5 percent cutoff for public school systems in the country, Fairfax Mr. Chairman, I rise to offer an amend- eligibility. If a school district falls County, I am deeply troubled that they are set ment to better protect the pension ben- below this level, they lose all funding to lose over $3 million in Title I funds because efits of millions of Americans. Work- through these grants. There are no their poverty level is 4.96 percent, slightly ers’ retirement security has been tak- hold-harmless provisions for a drop in below the 5 percent floor required for most ing it on the chin for the last 4 years. poverty rates. Title I grants. In the case of Fairfax County, our This loss of Title I funds is going to have a First, tens of thousands of workers and most recent poverty figures fell about 1 devastating impact on several school districts retirees lost their retirement savings percent to 4.94 percent. While this fig- and comes at a particularly critical time. after the Enron and WorldCom ure represents a small number of stu- School districts are facing the public choice debacles. Then the Bush administra- dents, 106 students to be exact, it has and supplemental services sanctions man- tion tried to restart the cash balance equated to a 26 percent reduction in dated by No Child Left Behind, and these conversions and cut the pensions of title I funds. same school districts are going to be forced to millions of older workers. Under that redirect Title I funds out of the very class- proposal millions of older workers b 1645 rooms where they are needed the most. would have seen their pension benefits We lose almost $31⁄2 million for losing No Child Left Behind stipulates that the De- cut up to in half, and they would have 106 students. That is about $33,000 a partment of Education must use the most-up- had no way to return and repair the student. My concern is not just that to-date poverty data from the Census Bureau amount of money that they were plan- my local school district has lost $3.3 in determining a school district’s eligibility to ning to retire on. And now we find out million for the coming school year, it receive Title I funds. that thousands of pension plans are, in is that a school district like Fairfax Because of this, the Department of Edu- fact, underfunded, and many are con- County can hover at around the 5 per- cation is using data from census year 2000 for sidering the termination and the dump- cent level year after year, and this their calculations of poverty rates. Unfortu- ing of billions of dollars of liability on makes it impossible to plan effectively nately it is 2004 and we do not have the same the Pension Benefit Guaranty Corpora- since it is unclear from one year to the economy that we had 4 years ago. tion, the agency that ensures the work- next whether these funds will be avail- In Fairfax County alone, the student popu- ers of this country’s pensions. able. lation eligible for the free and reduced-price The Pension Benefits Guaranty Cor- Our amendment would implement lunch program has increased by 18 percent poration has gone from a $7 billion sur- hold harmless provisions for targeted since FY 2000. This data more clearly reflects plus to a $10 billion deficit in just 2

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.058 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6853 years. The GAO has it on its watch list see, that there are hundreds of corpora- their behalf to their fund, they own it. of high-risk agencies. And a handful of tions that are underfunding; in fact, But under the present law, one of the airlines, including United, Delta, and over 1,000 corporations that are under- more remarkable laws that we have on US Air, may soon dump more liabil- funded according to the law in their the books, if the pension fund that ities on the Pension Benefits Guaranty pension plans, but this information is one’s employer sponsors is in trouble, Corporation that reach as high as $30 disclosed only to the Pension Benefit if it looks like it is going to be unable billion. Guaranty Corporation and not to this. to pay benefits because its costs are ex- One of the worst parts of this is that Why am I here with this amendment ceeding its revenue, and it looks like the workers have no idea that their on the floor? Because I have requested the fund might crash so that the Fed- pension funds are underfunded and at the chairman of the committee to ask eral Government, under the jurisdic- risk, that their employer could default to make this information public, and tion of the Pension Benefit Guaranty on their pension promises. Let me say he has refused to do so. If he would do Corporation, will have to step in and that again. That while these plans are that, the law provides that it would be make the pension fund whole, the law underfunded, and while they are at made available to the Members of Con- says that one’s pension fund has to tell risk, the workers are not informed of gress. At least we could start to see the Pension Benefit Guaranty Corpora- that information. Pension law requires some of this information. But that will tion that it is in trouble, and it has to underfunded pension plans to report not be done. disclose the nature of that trouble. So their underfunding to the government, The fact of the matter is this, and it this government agency gets this infor- but not to the workers. is very simple: The workers in these mation about one’s pension fund being My amendment is simple. I prohibit corporations paid into these pensions. in trouble and their check being in the Pension Benefit Guaranty Corpora- The corporations contributed to these jeopardy. Believe it or not, there is a tion from enforcing the part of the law pensions. The workers gave up other statute that says once this government that prohibits them from disclosing to benefits to get these pensions. That agency has this information that a per- workers and to retirees the funding money belongs to the workers. The son’s pension is in trouble, it cannot status of their pension plan. After all, workers ought to have the information. tell him. this is their money. This is money that The CHAIRMAN. The time of the We do not understand that. We think they have contributed to those pension gentleman from California (Mr. if someone works for a company, and is plans. It is money that they are plan- GEORGE MILLER) has expired. counting on their pension being deliv- ning on for their retirement. It is (By unanimous consent, Mr. GEORGE ered, and has contributed to that pen- money that they are planning on for MILLER of California was allowed to sion, and has had the employer con- their future, and it is money that they proceed for 1 additional minute.) tribute to that pension, and the pen- cannot replace if they are an older Mr. GEORGE MILLER of California. sion is in jeopardy so much that the worker. They ought to have this infor- Mr. Chairman, it is just a matter of de- trustees of the fund have to report that mation. cency. We see now major reforms going trouble to a government agency, we Most interesting is the fact that the on in the administration of mutual think that the citizens, the pensioners Pension Benefit Guaranty Corporation funds and how their relationships are themselves, have a right to know. wants to make this information public. on behalf of workers, the disclosures of That is what the gentleman from The Bush administration has said that fees, the disclosures of their trans- California’s (Mr. GEORGE MILLER) they support making it public. But this actions, time days, one scandal after amendment does. It prohibits the ad- provision in the law prevents them another, with people cheating the own- ministration, prohibits the executive from doing this. ers of the money out of their funds. branch, from enforcing this secrecy There is no reason why the govern- Now we see the machinations of cor- law. One’s pension should not be held ment should know the status of com- porations as they try to cover up the secret from them if they are an em- pany pension plans, but the workers potential liability or the potential fail- ployee or a citizen or a future pen- should not. Workers are losing more ure or the loss of these pensions of the sioner. That is what this says. and more each day under the adminis- workers. Transparency is the watch- It is my understanding that, as the tration’s proposals on pension. Their word of the day. The workers of Amer- gentleman from California (Mr. jobs are being outsourced overseas. ica, of corporations that are in danger GEORGE MILLER) said, in fact, the ad- Their wages are falling. They have no of unloading these pensions and getting ministration supports this change, protection of an adequate minimum rid of these pensions, the workers of wants this information to be made pub- wage. They are either losing their this country are entitled to that infor- lic. health care benefits or paying more in mation. I do not believe this is a partisan copays and deductibles and more of I would hope that this House would issue. I think that responsible Members their wages on skyrocketing health in- support this in the name of the trans- on both sides of the aisle would under- surance premiums, and they are losing parency, in support of the position of stand that if their pension is in trou- their retirement security. the Bush administration, in support of ble, they ought to have a right to know We have got to be able to provide the position of the Pension Benefit it, not later after the pension fund has them this information. This is very Guaranty Corporation that this infor- failed and they do not get their check, analogous to the workers at the Enron mation should be made available, and I not after it is too late to do something Corporation. The corporation knew would urge an aye vote. about it, as was in the case of the that their 401(K) plans were in serious Mr. ANDREWS. Mr. Chairman, I Enron and WorldCom employees, but jeopardy. The corporation officers were move to strike the last word. now, as soon as it is timely, so they unloading the stock because they knew I rise in strong support of the amend- can do something about it. they could not continue that criminal ment by the gentleman from California So if the Members believe, as I think enterprise that they were engaged in in (Mr. GEORGE MILLER). I think most people on both sides of the aisle do, ripping off the energy consumers of Americans, Mr. Chairman, would be that someone’s pension is their prop- this Nation. They unloaded. They got shocked to know that information erty, and if they believe, as I think out. They took care of their golden about their pension which they own is people on both sides of the aisle do, parachutes. But the workers lost their not available to them at the same time that they have the right to know about 401(K) plans. it is available to a government agency. the dynamics and phenomena hap- In this Congress we listened to the When the President speaks about So- pening about one’s own property, and if testimony of these workers as they cial Security, he is fond of talking they believe that some government talked about their entire retirement about trying to create accounts which agency has the right to know what is being destroyed, workers who were 60 are private property of citizens so that going on with their pension and they years old, 65 years old, who had worked we can know what is ours. Pensions are should, too, if they believe those 10 and 15 and 20 years, who were plan- already private property of citizens. things, then they ought to vote for the ning to retire, no way to replace those When one contributes to a pension gentleman from California’s (Mr. savings. And now we see, and now we fund, or their employer contributes on GEORGE MILLER) amendment. It is an

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.140 H08PT1 H6854 CONGRESSIONAL RECORD — HOUSE September 8, 2004 idea that is supported, to my under- overhaul of our defined pension benefit something about transparency. We in- standing, by the administration. I hope laws and regulations. sisted in other financial arrangements it would be supported by both sides of I would urge my colleagues to vote where individuals have their money in the aisle here. I would urge a ‘‘yes’’ no. the hands of third parties, and in this vote. Mr. OBEY. Mr. Chairman, I move to case we ought to do it for corporations. Mr. REGULA. Mr. Chairman, I con- strike the requisite number of words. So I appreciate, and I have said to tinue to reserve a point of order. Mr. GEORGE MILLER of California. the chairman very often, that he has Mr. BOEHNER. Mr. Chairman, I Mr. Chairman, will the gentleman given attention to this problem. We move to strike the requisite number of yield? hope to have a long-term solution. But words. Mr. OBEY. I yield to the gentleman this is fundamental to the rights of I appreciate the concerns of my col- from California. workers at this most perilous time leagues on the other side, but I rise Mr. GEORGE MILLER of California. with respect to the security of their today in opposition to their amend- Mr. Chairman, I thank the gentleman pensions. ment. And while they make it sound for yielding, and I thank the comments Mr. REGULA. Mr. Chairman, will the simple as it would normally be the of my chairman, the gentleman from gentleman yield? case, there is nothing at all simple Ohio (Mr. BOEHNER), on this situation. Mr. OBEY. I yield to the gentleman about the amendment that is being of- But I must say I continue to disagree from Ohio. fered. with the gentleman, and I disagree on Mr. REGULA. If I understand this The 4010 information that is required two grounds. correctly, the corporation would have to be submitted to the Pension Benefit First and foremost, we have made to disclose information under the re- quirements of this section that would Guaranty Corporation would be for any several requests to him to ask the go beyond the pension part of their li- defined benefit pension plan that has a PBGC, and we have specifically have asked, the Democrats on the com- ability. negative balance actuarially of at least Mr. GEORGE MILLER of California. $50 million, and these could be public mittee have asked the PBGC for this information. They will not make it Mr. Chairman, if the gentleman would companies, they could be private com- yield further, I appreciate that argu- panies. And the information that has available to the committee, much less the public. They will not make it avail- ment, but in reviewing the case, the to be supplied to the Pension Benefit Bush administration said they support able to the committee because the Guaranty Corporation is not just infor- the disclosure under this provision of chairman of the committee must make mation about where the pension fund the law, and the PBGC supports that. I that request to them. is. It also includes all types of detailed do not think these two entities are in- So when you talk about us going into information about the finances of the terested in destroying these corpora- long-term pension reform, Mr. Chair- company itself. tions. The fact of the matter is this in- man, at a minimum we ought to have formation was made available for b 1700 this information about the magnitude For private companies who may be in many years. of the problem and the variations Mr. OBEY. Mr. Chairman, reclaiming this position, this is very sensitive in- among the various corporations and my time, I thank the gentleman from formation. the industries that are involved in this, California, and I fully agree with his The reason we have not dealt with if we are going to, in fact, deal with statement. the issue as yet is we have been work- some kind of long-term and necessary Mrs. MCCARTHY of New York. Mr. ing on a long-term fix for the defined fix, that I hope we will, and I thank Chairman, I move to strike the req- benefit pension plans. As we get into you for holding those hearings. We uisite number of words. those conversations, we have had a need that information as members of Mr. Chairman, all day today we have number of hearings over the past cou- the committee at a minimum. been hearing so many different issues ple of years, we passed the Pension Eq- But, furthermore, this information coming up onto the floor that are con- uity Funding Act earlier this year, was available up until 1994. Then the cerning so many people, and I thank signed by the President, to fix the most Clinton administration cut a deal on the ranking member, and I thank the immediate problems. the financing of GATT, and this infor- chairman, and I thank the ranking mi- But as the gentleman from California mation, the corporations prevailed on nority ranking member on the Com- (Mr. GEORGE MILLER), the author of the them to make this secret in exchange mittee on Education and the Workforce amendment, well knows, we have had a for a premium increase to pay for for bringing these issues up. number of hearings last year and this GATT. Who got left out? Who was not I am here because I am not allowed year about the long-term problems fac- at the table? The American worker. So to bring up the assault weapons bill ing defined benefit pension plans, a tra- all of a sudden they did not get the in- onto the floor. With that, I will con- ditional pension plan, and what we formation anymore. tinue for the rest of the evening and all hope to do is to have a bill next year The point and the magnitude and the day tomorrow and all day Monday to that would revise all of the funding necessity for this amendment, let me talk about how we need to get the rules to make it easier for companies just point out that according to Stand- President involved to be able to make to comply with the rules and, most im- ard & Poor, 290 of the 362 companies in some phone calls to the Speaker of the portantly, to ensure that companies the Standard & Poor’s 500 that offer de- House. I know that he supposedly is are funding their pension plans. fined benefit plans are underfunded by going to be meeting with all the police As part of this overall bill, I think $165 billion in 2003. officers and chiefs that we met this there may be a way to address the con- The point is this, that this is a huge, morning to try and convince them that cerns raised by the gentleman from looming problem. You know the people this is what the American people want, California (Mr. GEORGE MILLER) in who just went through bankruptcy at this is what our police officers want. terms of who the companies are or the U.S. Air and thought they had cured It comes down to a safety issue. extent of their pension issue, without their problem? Well, when United said, There are so many things that we have disclosing all of the sensitive financial we think we might offload our pension to handle here, and we actually, in my data that must be submitted to the onto the public taxpayers, all of a sud- opinion, have wasted an awful lot of Pension Benefit Guaranty Corporation. den the people at U.S. Air are in trou- time this year. We have done more So I would urge my colleagues to ble again. politicking than we have done actual vote no on the Miller amendment, and We think these people ought to have work, and that is too bad, because the my colleagues should know that a com- that information, so they, when they only one that suffers is the American mitment is on my part to the gen- are negotiating, because if United does people. tleman from California (Mr. GEORGE this, it is a likelihood that U.S. Air If the assault weapons ban is not re- MILLER) and to all of my colleagues does it, and if U.S. Air does it, it is a newed, the American people in the end that we will address that portion that likelihood that Delta will do it. will suffer, our children will suffer, our is not nearly as sensitive on the finan- Well, that is a catastrophe for the communities will suffer, our health cial data as we deal with the broader PBGC and for those workers. There is care system will suffer.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.141 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6855 This is a bill that is already in place. This amendment does not solve all The question is on the amendment They say enforce the law. Well, let us those problems. It is a very modest offered by the gentleman from Cali- continue enforcing the law. Let us amendment. It simply expresses con- fornia (Mr. GEORGE MILLER). make sure the assault weapons bill fidence in the employees, that they de- The question was taken; and the stays in place. It saves lives. It does serve to know the same information Chairman announced that the ayes ap- not cost us a penny. that their employer is filing with the peared to have it. I just heard that one of the large gun government bureaucracy. Mr. REGULA. Mr. Chairman, I de- manufacturers, with every assault As my colleague from California just mand a recorded vote. weapons gun that they buy, they will pointed out, were it not for the fine The CHAIRMAN. Pursuant to clause get a free large-capacity clip. Is that print in legislation that was approved 6 of rule XVIII, further proceedings on not terrific? It is much easier to mow in 1994, we would have the right to the amendment offered by the gen- down our own citizens. know this information. This amend- tleman from California (Mr. GEORGE Mr. DOGGETT. Mr. Chairman, I ment is based on the principle that if MILLER) will be postponed. move to strike the requisite number of the employee has the information, they AMENDMENT OFFERED BY MR. STEARNS words. can choose to go to another employer Mr. STEARNS. Mr. Chairman, I offer Mr. Chairman, I rise in support of the who has a fully funded pension plan, or an amendment. amendment offered by our colleague they can turn to their employer and The Clerk read as follows: and join in offering the amendment by ask, why not? Why am I being given a Amendment offered by Mr. STEARNS: our colleague from California (Mr. false promise of a secure retirement, At the end of the bill (before the short when, in fact, this plan is not funded at title), insert the following: GEORGE MILLER). This amendment fol- SEC. ll. None of the funds appropriated lows very closely legislation that the a sufficient level to assure that all by this Act may be expended by the Sec- gentleman from California (Mr. workers who work here and retire will retary of Health and Human Services to GEORGE MILLER) and I introduced last be able to enjoy their retirement with carry out the modification of coverage pol- year to address this problem. dignity? icy number 35-26 of the Medicare Coverage There are at the moment that we Of course, there is another public pol- Issues Manual R125CM announced by the gather here in Congress, I suppose, tens icy consideration here, and that is that Secretary on July 15, 2004, in the press re- of millions of Americans who are out there is a government agency, the Pen- lease entitled ‘‘HHS ANNOUNCES REVISED MEDICARE OBESITY COVERAGE POLICY– working, trying to ensure that their sion Benefit Guaranty Corporation, that is responsible for ensuring and Policy Opens Doors to Coverage based on families have a better future. As they Evidence’’ until the date on which the Sec- do their work and they look forward to protecting against those plans that retary submits to Congress a report con- payday to get their paycheck, one of fail. From all of the recent reports taining the Secretary’s estimate of the in- the things they also consider are what- about the status of that corporation, creased costs to the medicare program by ever benefits that they get with their we face the potential of something that reason of such modification of coverage pol- work. For many workers, particularly will make the savings and loan bailout icy. those that move in their forties and fif- of a few decades back look modest in Mr. REGULA. Mr. Chairman, I re- ties to begin to think about what re- comparison to the dangers of major serve a point of order against the tirement lies ahead, they have a par- pension funds, one after another, going amendment. ticular concern with the retirement under and placing a burden on this cor- The CHAIRMAN. The gentleman plan for their company and whether it poration. from Ohio (Mr. REGULA) reserves a The Bush administration came out in will, in fact, allow them to retire in point of order against the amendment. support of the very kind of amendment dignity and enjoy the fruits of their The gentleman from Florida (Mr. that is being offered here today. As labor after they have provided for their STEARNS) is recognized for 5 minutes in usual, once some special interest began family and community, to be able to support of his amendment. to question the wisdom of this provi- (Mr. STEARNS asked and was given enjoy a decent, dignified retirement. sion, they fell moot. But their rec- In recent years, American employees, permission to revise and extend his re- ommendation is a matter of public pol- American workers, have had good rea- marks.) icy; it is clear, and it is out there. Mr. STEARNS. Mr. Chairman, this is son to be fearful that that very signifi- The Government Accountability Of- a very simple amendment. Obviously cant benefit of retirement that they fice, the Pension Benefit Guaranty Cor- the chairman has reserved a point of have worked for, with some companies poration itself, all of these have rec- order. He might want to listen to my perhaps for 20 or 30 years, will not be ommended that this information that arguments. Perhaps persuasiveness of there when they need it in full amount. they get be made available to the em- what I have to say will change his First there were the employees of ployee so that the employee will be mind. Enron. Thousands of them, through no empowered. All of us know that on July 15, 2004, fault of their own, lost their retire- This amendment is based on the prin- the Secretary of Health and Human ment. Then the same thing happened ciple that the workers that are out Services announced that Medicare at WorldCom. Thousands of people who there deserve the right to know, they would allow for the coverage of had worked for that company almost deserve the right to be empowered antiobesity treatments and interven- since its origin losing their retirement about their pension future, and I can tions by Medicare. future, the hope of a dignified retire- see no good reason not to provide that b 1715 ment, many of them having to go back information. into the workforce. The suggestion by the chairman of He said this would go on as long as Really, when you look back over the the committee that he has a long-term scientific and medical evidence dem- activities of this Congress since the plan to deal with this is great, but it is onstrates their effectiveness in improv- Enron debacle, as far as preventing an- a little too long for the term of those ing the health of beneficiaries on Medi- other debacle for employees at Enron who are concerned about their retire- care. and their retirement futures, or ment safety and, one after another, Now, the question I have, and part of WorldCom, this Congress has done next pension plans failing. my amendment here is, we do not know to nothing to prevent other employees I urge adoption of the amendment. what this means. Does this mean that from suffering the same fate. The CHAIRMAN. Does the gentleman it is going to have an immediate im- As the years have gone by and Con- from Ohio (Mr. REGULA) insist on his pact on Medicare’s coverage? Does this gress has been inactive, our economy point of order? mean there are new benefits? We just has struggled, and we have begun to Mr. REGULA. Mr. Chairman, I do. do not know. Because the Secretary is see more major companies, particu- But we recognize that since it is a limi- saying, let us just take a look at this larly in the airline industry, begin to tation amendment, that it would not treatment or at that treatment, evalu- raise questions as to whether they were be in order. On that basis, I withdraw ate it on the basis of improving the going to put their pension plan into it. health of individuals. bankruptcy, whether they were going The CHAIRMAN. The gentleman So my amendment is basically say- to stop making pension payments. withdraws his reservation. ing, okay, Mr. Secretary, if you want

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.143 H08PT1 H6856 CONGRESSIONAL RECORD — HOUSE September 8, 2004 to go ahead and look at the coverage of open-ended license to tax, regulate, or ment on many of the appropriations somebody who is overweight, give them ban any behavior that might lead to bills. treatments or intervention and use disease or injury. If diet is a political Let me begin by saying, however, taxpayers’ good, hard-earned dollars to issue, what is not? The same logic sug- that I recognize the difficult job the do so and you want to do it on the basis gests that government should take an committee has had in putting together of scientific and medical evidence, interest in how much we sleep or this bill. It is complex, it is big, it is a what is it going to cost? whether we floss regularly. lot of money, it is important, and there So I would urge the chairman to put So I submit, Mr. Chairman, that we are many, many good things in this; this in the mix, maybe perhaps in con- should find the cost of this new benefit and I commend the chairman and the ference or something, because we all to Medicare and, obviously, trial law- ranking member, particularly, for their know that Medicare is increasing, in yers also may use the policy change as effort in this, to produce a bill with as light of obesity contributions, which is another weapon in their arsenal. many good things in it as there are. in the billions of dollars to Medicare, So, Mr. Chairman, in light of your However, the fact remains that the the Nation’s health care costs, this just distinguished leadership here and you Federal budget for fiscal year 2005 is may be the thing that increases it dra- are saying that it is out of order, I am going to be too large. Until we can matically. Part B premiums are rising willing to withdraw this amendment. I make a dent in the outrageous level of at 17 percent. We have heard Senator recognize that this is perhaps not the the Federal deficit, we must be even KERRY talk about that on the cam- appropriate place, but I urge the chair- more diligent in reining in spending. I paign trail. So what is the cost of this man and his colleagues on the con- do not think it is too much to ask to new benefit that we are speculating ference committee to consider defining trim the budget for this spending bill might occur after we prove the sci- the cost before we allow this new ben- by a mere 1 percent and prove to the entific and medical evidence to use it? efit to continue. American public that we want to make I think that, besides information Mr. REGULA. Mr. Chairman, I move a priority of balancing the Federal about health outcomes, information to strike the last word. budget. about the possible consequences and Mr. Chairman, I understand what the I also want to point out that this obesity policy changes in future pre- gentleman is getting at. I think it is a amendment is structured so that the miums would be useful and also should very difficult definition as to what obe- administration would maintain the be part of this debate. sity would be because there are so ability to determine which accounts Now, all of us in this Chamber and many factors, but what we might con- should be cut or scaled back in order to throughout America believe in preven- sider and will look at in the conference achieve this rescission, rather than tive health treatments, and for Medi- would be some language just asking cutting all programs across the board. care, we accept that. Medicare bene- the Secretary to give us some idea of My intent is not to single out all pro- ficiaries are now offered ‘‘Welcome to what kind of costs are going to be in- grams for reduction, but I am confident Medicare’’ physicals and screening for volved in implementing a program of that we can eliminate some of the diabetes and heart disease. But, obvi- this type, without putting a huge bur- waste and abuse and find a way to trim ously, these new benefits are passed den on the Secretary to implement or 1 percent of the total spending. along in premiums to beneficiaries, and to go ahead with the program. Thus, I ask my colleagues to support we should also talk about that. So I think the gentleman from Flor- this amendment and reduce the Now, I remind my colleagues that on ida has served a useful purpose of caus- amount of discretionary spending in August 27, Federal Reserve Chairman ing us to focus on what could be a sig- this bill by 1 cent on the dollar. Greenspan was speaking about Social nificant challenge prospectively. Mr. REGULA. Mr. Chairman, I move Security and Medicare entitlements, Mr. STEARNS. Mr. Chairman, will to strike the last word. and he warned his audience at that the gentleman yield? Mr. Chairman, I understand the gen- point, he said, ‘‘If we have promised Mr. REGULA. I yield to the gen- tleman’s concern, and it is a worthy more than our economy has the ability tleman from Florida. objective, but we have tried already to to deliver to retirees, as I fear we have, Mr. STEARNS. Mr. Chairman, I cut back. When we know that we are we must recalibrate our public pro- thank the gentleman for his leadership bringing out a bill of this magnitude grams so that pending retirees have and consideration on this; and I think that affects the lives of 280 million time to adjust.’’ perhaps that is a compromise, to ask Americans in terms of their education, Let us think about what we promise the Secretary how much it will cost to in terms of their health resources, in and what we decide as a Nation to implement this, based upon this sort of terms of the ability to find new em- cover and, more importantly, what is general understanding of what he is ployment opportunities, we have al- the price tag for these new benefits for going to do. So I thank the chairman. ready pushed that as hard as we can; the beneficiaries. Mr. Chairman, I ask unanimous con- and we are under the cost of living. It With 64 percent of the American pop- sent to withdraw my amendment. is only a 2.2 percent increase over last ulation that is overweight, a substan- The CHAIRMAN. Is there objection year. tial number of beneficiaries may likely to the request of the gentleman from I think we have worked very hard to qualify for this new coverage, and that Florida? meet the needs of the American people will increase the cost. Moreover, with There was no objection. in a very responsible way. While it the declaration of obesity as a disease, AMENDMENT OFFERED BY MR. HEFLEY seems like 1 percent is not a lot, it is we tread into public funding and issues Mr. HEFLEY. Mr. Chairman, I offer $1.4 billion. And do we start taking it involving sheer behavior. Now, science an amendment. out of programs for special needs chil- certainly points to biological contribu- The Clerk read as follows: dren, do we take it out of the title I, or tions to obesity, for example, genetics Amendment offered by Mr. HEFLEY: do we take it out of health research? or uncontrolled metabolism. But still, At the end of the bill (before the short We realize the difficulty of applying there are undoubtedly behavioral title), insert the following: something like this across the board. choices involving what we eat and SEC. ll. Total appropriations made in Reluctantly, I oppose the amendment whether we exercise. These are a mat- this Act (other than appropriations required because I think we have already made ter of personal preference and choice, to be made by a provision of law) are hereby a real effort to make this bill as finan- and I think it is dangerous to say that, reduced by $1,425,000,000. cially responsible as possible, given the just because Medicare is a public pro- Mr. HEFLEY. Mr. Chairman, I rise challenges of meeting the needs of the gram, it can insert itself into private today to offer an amendment that people of this Nation. decisions. would cut discretionary spending in The CHAIRMAN. The question is on Recently, in an article in Reason this appropriations bill by $1.4 billion, the amendment offered by the gen- Magazine on ‘‘The War on Fat,’’ they an amount equal to 1 percent of the tleman from Colorado (Mr. HEFLEY). write that the argument based on tax- $142.5 billion discretionary spending The question was taken; and the payer-funded health insurance proves price tag. As many of my colleagues Chairman announced that the noes ap- too much. It gives the government an know, I have offered a similar amend- peared to have it.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.147 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6857 RECORDED VOTE Johnson, E. B. Miller (NC) Sandlin in time for voting. Had I been present, I would Johnson, Sam Miller, George Saxton Mr. HEFLEY. Mr. Chairman, I de- Jones (OH) Moore Schakowsky have voted ‘‘no.’’ mand a recorded vote. Kanjorski Moran (KS) Schiff AMENDMENT OFFERED BY MR. GEORGE MILLER A recorded vote was ordered. Kaptur Murphy Scott (GA) OF CALIFORNIA Keller Murtha Scott (VA) The CHAIRMAN. Pursuant to clause Kelly Nadler Serrano The CHAIRMAN. The pending busi- 6 of rule XVIII, this 15-minute vote on Kennedy (MN) Napolitano Shaw ness is the demand for a recorded vote the Hefley amendment will be followed Kennedy (RI) Neal (MA) Shays on the amendment offered by the gen- Kildee Northup Sherman tleman from California (Mr. GEORGE by one 5-minute vote, as ordered on the Kilpatrick Nunes Sherwood amendment offered by the gentleman Kind Nussle Simmons MILLER) on which further proceedings from California (Mr. GEORGE MILLER). King (NY) Oberstar Simpson were postponed and on which the ayes The vote was taken by electronic de- Kirk Obey Skelton prevailed by voice vote. Kleczka Olver Slaughter vice, and there were—ayes 79, noes 333, Kline Ortiz Smith (NJ) The Clerk will designate the amend- not voting 21, as follows: Knollenberg Osborne Smith (TX) ment. Kolbe Ose Smith (WA) [Roll No. 428] The Clerk designated the amend- Kucinich Owens Snyder ment. AYES—79 LaHood Oxley Solis Lampson Pallone Souder RECORDED VOTE Akin Fossella Norwood Langevin Pascrell Spratt Barrett (SC) Franks (AZ) Otter The CHAIRMAN. A recorded vote has Lantos Pastor Stark Bartlett (MD) Garrett (NJ) Paul Larsen (WA) Payne Stenholm been demanded. Barton (TX) Gibbons Pence Larson (CT) Pearce Strickland A recorded vote was ordered. Bass Graves Petri Latham Pelosi Stupak Beauprez Gutknecht The CHAIRMAN. This will be a 5- Pitts LaTourette Peterson (MN) Sweeney Bilirakis Hayes Rohrabacher Leach Peterson (PA) Tauscher minute vote. Bishop (UT) Hayworth Royce Lee Pickering Taylor (NC) The vote was taken by electronic de- Blackburn Hefley Ryan (WI) Levin Platts Thomas Brady (TX) Hensarling vice, and there were—ayes 268, noes 148, Sensenbrenner Lewis (CA) Pombo Thompson (CA) Burgess Herger not voting 17, as follows: Lewis (GA) Pomeroy Thompson (MS) Burton (IN) Hooley (OR) Sessions Lipinski Porter Tiahrt [Roll No. 429] Buyer Hostettler Shadegg LoBiondo Price (NC) Tiberi Chabot Jenkins Shimkus AYES—268 Lofgren Pryce (OH) Tierney Chocola Jones (NC) Shuster Lowey Putnam Towns Abercrombie Dooley (CA) King (NY) Coble King (IA) Stearns Lucas (KY) Quinn Turner (OH) Ackerman Doyle Kirk Collins Kingston Sullivan Lucas (OK) Radanovich Turner (TX) Aderholt Duncan Kleczka Cox Lewis (KY) Tancredo Lynch Rahall Udall (CO) Allen Edwards Kucinich Davis (TN) Linder Tanner Majette Ramstad Udall (NM) Andrews Ehlers Lampson Davis, Jo Ann McCotter Taylor (MS) Maloney Rangel Upton Baca Emanuel Langevin Deal (GA) McInnis Terry Manzullo Regula Van Hollen Baird Emerson Lantos DeMint Mica Thornberry Markey Rehberg Vela´ zquez Baldwin English Larsen (WA) Diaz-Balart, M. Miller (FL) Toomey Marshall Renzi Visclosky Bass Eshoo Larson (CT) Duncan Miller, Gary Vitter Matheson Reyes Walden (OR) Becerra Etheridge LaTourette Everett Musgrave Whitfield Matsui Reynolds Walsh Bell Evans Leach Feeney Myrick Wilson (SC) McCarthy (MO) Rodriguez Wamp Berkley Farr Lee Flake Neugebauer McCarthy (NY) Rogers (AL) Waters Berman Fattah Levin Berry Ferguson Lewis (GA) NOES—333 McCollum Rogers (KY) Watt McCrery Rogers (MI) Waxman Bilirakis Filner Linder Abercrombie Case Frank (MA) McDermott Ros-Lehtinen Weiner Bishop (GA) Ford Lipinski Ackerman Castle Frelinghuysen McGovern Ross Weldon (FL) Bishop (NY) Fossella LoBiondo Aderholt Chandler Frost McHugh Rothman Weldon (PA) Blumenauer Frank (MA) Lofgren Alexander Clay Gallegly McIntyre Roybal-Allard Weller Boehlert Frost Lowey Allen Clyburn Gerlach McKeon Ruppersberger Wexler Boswell Gallegly Lucas (KY) Andrews Cole Gilchrest McNulty Rush Wicker Boucher Gerlach Lynch Baca Conyers Gillmor Meehan Ryun (KS) Wilson (NM) Boyd Gibbons Majette Bachus Cooper Gingrey Meek (FL) Sabo Wolf Bradley (NH) Gilchrest Maloney Baird Costello Gonzalez Meeks (NY) Sa´ nchez, Linda Woolsey Brady (PA) Gonzalez Manzullo Baker Cramer Goode Menendez T. Wu Brown (OH) Gordon Markey Baldwin Crenshaw Goodlatte Michaud Sanchez, Loretta Wynn Brown, Corrine Green (TX) Marshall Becerra Crowley Gordon Miller (MI) Sanders Young (FL) Brown-Waite, Grijalva Matheson Bell Cubin Granger Ginny Gutierrez Matsui Berkley Culberson Green (TX) NOT VOTING—21 Burr Harman McCarthy (MO) Berman Cunningham Green (WI) Ballenger Istook Ryan (OH) Butterfield Hart McCarthy (NY) Berry Davis (AL) Greenwood Bono Millender- Schrock Camp Hastings (FL) McCollum Biggert Davis (CA) Grijalva Cannon McDonald Smith (MI) Capito Hefley McCotter Bishop (GA) Davis (FL) Gutierrez Capps Herseth McDermott Crane Mollohan Tauzin Bishop (NY) Davis (IL) Hall Capuano Hill McGovern Cummings Moran (VA) Watson Blumenauer Davis, Tom Harman Cardin Hinchey McHugh Engel Nethercutt Young (AK) Blunt DeFazio Harris Gephardt Ney Cardoza Hinojosa McIntyre Boehlert DeGette Hart Goss Portman Carson (IN) Hoeffel McNulty Boehner Delahunt Hastings (FL) Carson (OK) Holden Meehan Bonilla DeLauro Hastings (WA) ANNOUNCEMENT BY THE CHAIRMAN Case Holt Meek (FL) Bonner DeLay Herseth The CHAIRMAN (during the vote). Castle Honda Meeks (NY) Boozman Deutsch Hill Chabot Hooley (OR) Menendez Boswell Diaz-Balart, L. Hinchey Members are advised that 2 minutes re- Chandler Houghton Michaud Boucher Dicks Hinojosa main in this vote. Clay Hoyer Millender- Boyd Dingell Hobson Clyburn Hyde McDonald Bradley (NH) Doggett Hoeffel b 1752 Coble Inslee Miller (MI) Brady (PA) Dooley (CA) Hoekstra Messrs. RUSH, BRADY of Pennsyl- Conyers Israel Miller (NC) Brown (OH) Doolittle Holden vania, FRANK of Massachusetts, Ms. Cooper Jackson (IL) Miller, George Brown (SC) Doyle Holt Costello Jackson-Lee Moore Brown, Corrine Dreier Honda SCHAKOWSKY, and Messrs. OWENS, Cramer (TX) Moran (KS) Brown-Waite, Dunn Houghton LYNCH and ISRAEL changed their Crowley Jefferson Murphy Ginny Edwards Hoyer vote from ‘‘aye’’ to ‘‘no.’’ Cummings Jenkins Murtha Burns Ehlers Hulshof Cunningham John Nadler Burr Emanuel Hunter Messrs. SULLIVAN, OTTER, MARIO Davis (AL) Johnson (CT) Napolitano Butterfield Emerson Hyde DIAZ-BALART of Florida, and Davis (CA) Johnson (IL) Neal (MA) Calvert English Inslee WHITFIELD changed their vote from Davis (FL) Johnson, E. B. Oberstar Camp Eshoo Isakson ‘‘no’’ to ‘‘aye.’’ Davis (IL) Jones (NC) Obey Cantor Etheridge Israel Davis (TN) Jones (OH) Olver Capito Evans Issa So the amendment was rejected. DeFazio Kanjorski Ortiz Capps Farr Jackson (IL) The result of the vote was announced DeGette Kaptur Owens Capuano Fattah Jackson-Lee as above recorded. Delahunt Kelly Pallone Cardin Ferguson (TX) Stated against: DeLauro Kennedy (MN) Pascrell Cardoza Filner Jefferson Ms. MILLENDER-MCDONALD. Mr. Chair- Deutsch Kennedy (RI) Pastor Carson (IN) Foley John Dicks Kildee Payne Carson (OK) Forbes Johnson (CT) man, on rollcall No. 428 I was detained by my Dingell Kilpatrick Pelosi Carter Ford Johnson (IL) constituents and was unable to get to the floor Doggett Kind Peterson (MN)

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K08SE7.150 H08PT1 H6858 CONGRESSIONAL RECORD — HOUSE September 8, 2004 Platts Scott (GA) Tierney So the amendment was agreed to. Labor, Health, Education bill to the Pomeroy Scott (VA) Towns The result of the vote was announced floor when you are so opposed to its Porter Serrano Turner (TX) Price (NC) Shays Udall (CO) as above recorded. contents? Well, there are two reasons. Quinn Sherman Udall (NM) b 1800 First of all, because we believe on the Rahall Shimkus Upton minority side that these issues ought Ramstad Shuster Van Hollen Mr. OBEY. Mr. Chairman, I move to to be debated even if we do not win. Rangel Simmons Vela´ zquez Renzi Skelton strike the last word. Secondly, very frankly, I want the Visclosky Mr. Chairman, there are now more Reyes Slaughter Walsh record to show in the end that even Rodriguez Smith (NJ) Wamp than 8 million people out of work in Rogers (MI) Smith (WA) though the minority has given the ma- Waters this country; 3 million have been out of Rohrabacher Snyder jority every single procedural coopera- Watson Ross Solis work for so long they have exhausted Watt tion that we could, that the majority Rothman Spratt their unemployment compensation has still not been able to perform be- Roybal-Allard Stark Waxman Weiner benefits. We have more than 1.5 million cause of its own rigidity and because Ruppersberger Stenholm fewer private sector jobs than we had 4 Rush Strickland Weldon (PA) they refuse to work with anybody, be- Sabo Stupak Weller years ago, and the administration’s re- cause they refuse to compromise with ´ Wexler Sanchez, Linda Sweeney sponse to that has been to impose new anybody. T. Tanner Whitfield regulations allowing employers to chis- Sanchez, Loretta Tauscher Wilson (NM) It is outrageous after we have been Sanders Taylor (MS) Wolf el workers on overtime protection, de- asked for so long to bring this bill to Sandlin Taylor (NC) Woolsey spite the fact that cost of living has the floor, they now want to pull the Schakowsky Thompson (CA) Wu risen twice as much this year as last Schiff Thompson (MS) Wynn bill so they have another chance to year, despite the fact that gas prices, twist arms overnight. NOES—148 college tuition, and health care costs Do you really want to put workers in Akin Gillmor Oxley are going through the roof. so much of a corner that you will not Alexander Gingrey Paul I had planned at this point to offer an even allow us to have a vote on this Bachus Goode Pearce amendment with the gentleman from Baker Goodlatte Pence overtime provision? We already won California (Mr. GEORGE MILLER) which Barrett (SC) Granger Peterson (PA) this vote once in the House, we won it Bartlett (MD) Graves Petri would block most of the sections of once in the Senate, and yet the major- Barton (TX) Green (WI) Pickering that new rule with one exception: We Beauprez Greenwood Pitts ity leadership arbitrarily stripped it Biggert Gutknecht would have allowed the changes to go out of the bill last year. Now you are Pombo forward that improve the situation for Bishop (UT) Hall Portman trying to play the same game this Blackburn Harris Pryce (OH) workers that make between $8,000 and Blunt Hastings (WA) time. I hope that every majority Mem- Putnam $23,000 a year. But now I have been told Boehner Hayes Radanovich ber who intends to vote for this amend- Bonilla Hayworth that if I intend to offer that amend- Regula ment tomorrow, if the House comes Bonner Hensarling ment tonight, the majority will shut Boozman Herger Rehberg back into session on this bill, I hope Reynolds down the House for the evening. you will stick with your conscience Brady (TX) Hobson The record will show that the minor- Brown (SC) Hoekstra Rogers (AL) overnight and not cave in to pressure Rogers (KY) Burgess Hostettler ity on every single appropriation bill by tomorrow morning. Burns Hulshof Ros-Lehtinen has cooperated procedurally with the Royce Mr. REGULA. Mr. Chairman, I move Burton (IN) Isakson majority, even when we have not Buyer Issa Ryan (WI) that the Committee do now rise. agreed with the content of those bills, Calvert Istook Ryun (KS) The CHAIRMAN. The question is on Cantor Johnson, Sam Saxton in the interest of comity in the hopes the motion offered by the gentleman Carter Keller Sensenbrenner that somehow we could reach com- Chocola King (IA) from Ohio (Mr. REGULA). Sessions promise and accommodation as we Cole Kingston Shadegg The question was taken; and the move through the process. Collins Kline Shaw Chairman announced that the ayes ap- Cox Knollenberg Sherwood In spite of that cooperation, the ma- peared to have it. Crenshaw Kolbe Simpson jority by the end of this fiscal year will Cubin LaHood Smith (MI) RECORDED VOTE Culberson Latham only be able to show that they have Smith (TX) Mr. OBEY. Mr. Chairman, I demand a Davis, Jo Ann Lewis (CA) Souder passed 1 and possibly 2 of the 13 appro- Davis, Tom Lewis (KY) Stearns priation bills. I want it made clear that recorded vote. Deal (GA) Lucas (OK) Sullivan A recorded vote was ordered. DeLay McCrery the reason for that miserable record is Tancredo DeMint McInnis because of the rigidity of the majority The vote was taken by electronic de- Terry Diaz-Balart, L. McKeon vice, and there were—ayes 216, noes 195, Thomas and because of their refusal to work Diaz-Balart, M. Mica with the minority or even other mem- not voting 23, as follows: Doolittle Miller (FL) Thornberry Dreier Miller, Gary Tiahrt bers of the majority in the other body. [Roll No. 430] Dunn Musgrave Tiberi This is part of a long pattern of proce- AYES—216 Everett Myrick Toomey dural abuse. Aderholt Buyer Emerson Feeney Neugebauer Turner (OH) Akin Calvert English Flake Northup Vitter On prescription drugs, the majority Alexander Camp Everett Foley Norwood Walden (OR) held the vote open for 3 hours when Bachus Cantor Feeney Forbes Nunes Weldon (FL) they did not get the result they want- Baker Capito Ferguson Franks (AZ) Osborne Wicker ed. On the PATRIOT Act, the Sanders Barrett (SC) Carter Flake Frelinghuysen Ose Wilson (SC) Bartlett (MD) Castle Foley Garrett (NJ) Otter Young (FL) amendment was held open for 40 min- utes until enough arms could be broken Barton (TX) Chabot Forbes NOT VOTING—17 Bass Chocola Fossella on the majority side. On vouchers on Beauprez Coble Franks (AZ) Ballenger Goss Nussle the D.C. bill, the roll was held open for Biggert Cole Frelinghuysen Bono Hunter Ryan (OH) Bilirakis Collins Gallegly Cannon Mollohan 50 minutes until the majority could Schrock Bishop (UT) Cox Garrett (NJ) Crane Moran (VA) Tauzin achieve a different result. On campaign Blackburn Crenshaw Gerlach Engel Nethercutt Young (AK) finance, the House was kept at bay for Blunt Cubin Gibbons Gephardt Ney 2 hours before the majority moved Boehlert Culberson Gilchrest ANNOUNCEMENT BY THE CHAIRMAN ahead. Boehner Cunningham Gillmor Bonilla Davis, Jo Ann Gingrey The CHAIRMAN (during the vote). I would simply make this point, Mr. Bonner Davis, Tom Goode There are 2 minutes remaining in this Chairman. The majority is busy trying Boozman Deal (GA) Goodlatte vote. to bring the nicer points of democracy Bradley (NH) DeLay Granger to Iraq. It would be nice if they would Brady (TX) DeMint Graves b 1805 Brown (SC) Diaz-Balart, L. Green (WI) recognize those same niceties here at Brown-Waite, Diaz-Balart, M. Greenwood Messrs. TAYLOR of North Carolina, home. Ginny Doolittle Gutknecht ADERHOLT, SHUSTER, SWEENEY, I want to make one further point. Burgess Dreier Hall Burns Duncan Harris WAMP, Ms. HART and Mr. WALSH People are asking me, why are you co- Burr Dunn Hart changed their vote from ‘‘no’’ to ‘‘aye.’’ operating procedurally on bringing the Burton (IN) Ehlers Hastert

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.069 H08PT1 September 8, 2004 CONGRESSIONAL RECORD — HOUSE H6859 Hastings (WA) McInnis Saxton Sanchez, Loretta Spratt Udall (NM) REPORT ON H.R. 5025, DEPART- Hayes McKeon Sensenbrenner Sanders Stark Van Hollen MENTS OF TRANSPORTATION Hayworth Mica Sessions Sandlin Stenholm Vela´ zquez Hefley Miller (FL) Shadegg Schakowsky Stupak Visclosky AND TREASURY AND INDE- Hensarling Miller (MI) Shaw Schiff Tanner Waters PENDENT AGENCIES APPROPRIA- Herger Miller, Gary Shays Scott (GA) Tauscher Watson TIONS ACT, 2005 Hobson Moran (KS) Sherwood Scott (VA) Taylor (MS) Watt Hoekstra Murphy Shimkus Serrano Thompson (CA) Waxman Mr. ISTOOK, from the Committee on Sherman Thompson (MS) Weiner Hostettler Musgrave Shuster Appropriations, submitted a privileged Houghton Myrick Skelton Tierney Wexler Simmons Hulshof Neugebauer Slaughter Towns Woolsey report (Rept. No. 108–671) on the bill Simpson Hunter Northup Snyder Turner (TX) Wu (H.R. 5025) making appropriations for Hyde Nunes Smith (MI) Solis Udall (CO) Wynn Smith (NJ) the Departments of Transportation and Isakson Osborne Treasury, and independent agencies for Issa Ose Smith (TX) NOT VOTING—23 Istook Otter Smith (WA) the fiscal year ending September 30, Ballenger Hinojosa Nussle Jenkins Oxley Souder 2005, and for other purposes, which was Bono Kleczka Johnson (CT) Pearce Stearns Paul Cannon McGovern referred to the Union Calendar and or- Johnson (IL) Pence Sullivan Ryan (OH) Clyburn Mollohan Johnson, Sam Peterson (PA) Sweeney Schrock dered to be printed. Crane Moran (VA) Jones (NC) Petri Tancredo Strickland The SPEAKER pro tempore. Pursu- Engel Nethercutt Keller Pickering Taylor (NC) Tauzin Gephardt Ney ant to clause 1, rule XXI, all points of Kelly Pitts Young (AK) Terry Goss Norwood order are reserved on the bill. Kennedy (MN) Platts Thomas King (IA) Pombo Thornberry f King (NY) Porter ANNOUNCEMENT BY THE CHAIRMAN Tiahrt MOTION TO INSTRUCT CONFEREES Kingston Portman Tiberi Kirk Pryce (OH) The CHAIRMAN (during the vote). ON H.R. 1308, TAX RELIEF, SIM- Toomey Members are advised that 2 minutes re- Kline Putnam Turner (OH) PLIFICATION, AND EQUITY ACT Knollenberg Quinn Upton main in this vote. Kolbe Radanovich OF 2003 Vitter LaHood Ramstad Walden (OR) Mr. HILL. Mr. Speaker, I offer a mo- Latham Regula b 1829 tion to instruct. LaTourette Rehberg Walsh Wamp Leach Renzi So the motion was agreed to. The SPEAKER pro tempore. The Lewis (CA) Reynolds Weldon (FL) Clerk will report the motion. Lewis (KY) Rogers (AL) Weldon (PA) The result of the vote was announced The Clerk read as follows: Linder Rogers (KY) Weller as above recorded. LoBiondo Rogers (MI) Whitfield Mr. HILL moves that the managers on the Lucas (OK) Rohrabacher Wicker Accordingly, the Committee rose; part of the House at the conference on the Manzullo Ros-Lehtinen Wilson (NM) and the Speaker pro tempore (Mr. disagreeing votes of the two Houses on the McCotter Royce Wilson (SC) House amendment to the Senate amendment McCrery Ryan (WI) Wolf SIMPSON) having assumed the chair, to the bill H.R. 1308 be instructed to agree, to McHugh Ryun (KS) Young (FL) Mr. LATOURETTE, Chairman of the the maximum extent possible within the Committee of the Whole House on the scope of conference, to a conference report NOES—195 State of the Union, reported that that that— Abercrombie Emanuel Lucas (KY) Committee, having had under consider- (1) extends the tax relief provisions which Ackerman Eshoo Lynch ation the bill (H.R. 5006) making appro- expire at the end of 2004, and Allen Etheridge Majette (2) does not increase the Federal budget Andrews Evans Maloney priations for the Departments of deficit. Baca Farr Markey Labor, Health and Human Services, Baird Fattah Marshall The SPEAKER pro tempore. Pursu- and Education, and related agencies for Baldwin Filner Matheson ant to clause 7 of rule XXII, the gen- Becerra Ford Matsui the fiscal year ending September 30, tleman from Indiana (Mr. HILL) and the Bell Frank (MA) McCarthy (MO) 2005, and for other purposes, had come gentleman from Pennsylvania (Mr. Berkley Frost McCarthy (NY) to no resolution thereon. Berman Gonzalez McCollum ENGLISH) each will control 30 minutes. Berry Gordon McDermott The Chair recognizes the gentleman Bishop (GA) Green (TX) McIntyre f Bishop (NY) Grijalva McNulty from Indiana (Mr. HILL). Blumenauer Gutierrez Meehan Mr. HILL. Mr. Speaker, I yield my- Boswell Harman Meek (FL) MAKING IN ORDER AT ANY TIME self such time as I may consume. Boucher Hastings (FL) Meeks (NY) CONSIDERATION OF HOUSE RES- Mr. Speaker, today I am here to in- Boyd Herseth Menendez Brady (PA) Hill Michaud OLUTION 757, EXPRESSING SENSE troduce a simple, but important, mo- Brown (OH) Hinchey Millender- OF THE HOUSE ON ANNIVER- tion before us. My motion calls on Con- Brown, Corrine Hoeffel McDonald SARY OF TERRORIST ATTACKS gress to extend expiring middle- and Butterfield Holden Miller (NC) LAUNCHED AGAINST UNITED Capps Holt Miller, George low-income tax cuts set to expire at Capuano Honda Moore STATES ON SEPTEMBER 11, 2001 the end of this year without increasing Cardin Hooley (OR) Murtha the deficit. We have seen broad and bi- Cardoza Hoyer Nadler Mr. DREIER. Mr. Speaker, I ask partisan support for extending the mid- Carson (IN) Inslee Napolitano unanimous consent that it shall be in Carson (OK) Israel Neal (MA) dle-class tax cuts. We have also seen bi- Case Jackson (IL) Oberstar order at any time to consider House partisan support for the concept of Chandler Jackson-Lee Obey Resolution 757 in the House; the resolu- pay-as-you-go to avoid further increas- Clay (TX) Olver tion shall be considered as read for Conyers Jefferson Ortiz ing the ballooning budget deficits fac- Cooper John Owens amendment; the previous question ing our Nation. The motion before us Costello Johnson, E. B. Pallone shall be considered as ordered on the asks the conferees to be sure that Con- Cramer Jones (OH) Pascrell resolution and preamble to final adop- gress achieves both of these goals. Crowley Kanjorski Pastor tion without intervening motion or de- Cummings Kaptur Payne We have already seen a bipartisan Davis (AL) Kennedy (RI) Pelosi mand for division of the question ex- proposal from the Senate extending for Davis (CA) Kildee Peterson (MN) cept: (1) 1 hour of debate on the resolu- a year middle-class tax cuts without Davis (FL) Kilpatrick Pomeroy tion equally divided and controlled by Davis (IL) Kind Price (NC) increasing the deficit. And the Blue Davis (TN) Kucinich Rahall the chairman and ranking minority Dogs have offered a corresponding bill DeFazio Lampson Rangel member of the Committee on Inter- in the House. DeGette Langevin Reyes national Relations; and (2) one motion Delahunt Lantos Rodriguez b 1830 DeLauro Larsen (WA) Ross to recommit which may not contain in- Deutsch Larson (CT) Rothman structions. There are some simple solutions to Dicks Lee Roybal-Allard making these cuts budget neutral, and Dingell Levin Ruppersberger The SPEAKER pro tempore. Is there I would suggest that they are rel- Doggett Lewis (GA) Rush objection to the request of the gen- atively noncontroversial, such as clos- Dooley (CA) Lipinski Sabo tleman from California? Doyle Lofgren Sa´ nchez, Linda ing various tax shelters that are being Edwards Lowey T. There was no objection. abused.

VerDate Aug 04 2004 05:16 Sep 09, 2004 Jkt 029060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\A08SE7.070 H08PT1