[Congressional Record Volume 147, Number 147 (Tuesday, October 30, 2001)]
[Senate]
[Pages S11154-S11161]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2002
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will now proceed to the consideration of H.R. 3061, which the
clerk will report.
The assistant legislative clerk read as follows:
A bill (H.R. 3061) making appropriations for the
Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 2002, and for other purposes.
The ACTING PRESIDENT pro tempore. The Senator from Pennsylvania is
recognized.
Mr. SPECTER. Mr. President, I thank the assistant majority leader for
his statement about scheduling. It is my hope and it is my
recommendation that we proceed very promptly with this bill, with the
possibility of concluding it before the end of business today, or
certainly no later then midday tomorrow.
There has been ample time for Senators to consider amendments to this
legislation. Last year, this bill was reported out of committee on June
30 and floor action was concluded on July 27, and because of scheduling
this year, it has come at a later time, understandably. Senators have
had an opportunity to consider whatever amendments they want to offer.
There is real concern as to what may happen in the remainder of the
legislative season, and there has been some talk and most of us, if not
all of us, do not want to see a continuing resolution.
Mr. President, the Labor, Health and Human Services and Education
bill before the Senate today contains $123.1 billion in discretionary
spending, the full amount of the subcommittee's budget authority
allocation under section 302(b) of the Budget Act. This amount
represents an increase of $11.4 billion over the FY'01 freeze level.
The bill is within its outlay allocation of $107.7 billion. In
addition, $300 million in emergency spending is also included for the
Low Income Home Energy Assistance Program.
At this time, I want to take this opportunity to thank the
distinguished Senator from Iowa, Senator Harkin, the chairman of the
committee, for his hard work in bringing this bill through the
committee and on to the floor for full consideration by all Senators.
The programs funded within the subcommittee's jurisdiction provide
resources to improve the public health and strengthen biomedical
research, assure a quality education for America's children, and offer
opportunities for individuals seeking to improve job skills. I'd like
to mention several important accomplishments of this bill.
Few things are more important than a person's health and few things
are more feared than ill health. Medical research into understanding,
preventing, and treating the disorders that afflict men, women and
children in our society is the best means we have for protecting our
health and combating disease.
Since January 2001, the Labor-HHS Subcommittee has held 12 hearings
on medical research issues. We have heard testimony from NIH Institute
Directors, medical experts from across the United States, patients,
family members, and advocates asking for increased biomedical research
funding to find the causes and cures for diseases such as Alzheimer's
and Parkinson's disease, ALS, AIDS, cancer, diabetes, muscular
dystrophy, multiple sclerosis, heart disease and many other serious
health disorders. The bill before the Senate contains $23.7 billion for
the National Institutes of Health, the crown jewel of the Federal
Government. The $3.4 billion increase over the FY 2001 appropriation
will support medical research that is being conducted at institutions
throughout the country. This increase will continue the effort to
double NIH by FY 2003. These funds will be critical in catalyzing
scientific discoveries that will lead to new treatments and cures for a
whole host of diseases.
The use of human embryonic stem cells for research has become an
issue that is consistently debated in the press, on radio and
television, and amongst people around the world. The fact that in fewer
than 3 years, stem cell research has gone from an avant garde interest
of a few select scientists to a common, contemporary issue reveals the
immense potential that stem cells offer ailing patients.
Yet coming to terms with the inherent moral and ethical issues of
stem cell research is difficult. We struggle with the balance of our
respect for human life against the compassion we have for those who
suffer from diseases that could be cured by stem cells. On August 9,
2001, President Bush recounted his own struggle with this volatile
issue. The President made a diligent, valiant effort to reach an accord
that would satisfy all sides.
I believe that limits on the use of Federal research money to only
existing stem cell lines, will place barriers in the path of medical
progress. We are just beginning to understand which researchers and
companies throughout the world have ownership of these existing stem
cell lines and we have little knowledge of their property rights, plans
to share or license the use of those lines to other researchers, or
whether the donors of those embryos have given the requisite informed
consent. We know little about the quality of those existing stem cell
lines, although up to one-third of them may be so fragile that they
will be of no use to any researcher. We do not know how future
therapies will be developed for our genetically diverse population from
only a few select genetic lines. Perhaps most importantly, we are now
learning that the existing stem cell lines may be inappropriate for
producing any human therapies because of their exposure to mouse feeder
cells while growing in culture.
Since 1998, the Subcommittee on Labor, Health and Human Services and
Education has held nine hearings to explore the potential medical
benefits of stem cell research. The subcommittee has heard more than 21
hours of testimony from some of the most preeminent scientists in the
world who have described how stem cells have the potential to cure the
most common diseases afflicting Americans today. We have heard from
ethicists who have discussed the moral and social implications of
pursuing this line of research. We have listened to company executives
who recount their ideas and hopes for delivering therapies to patients
and patent attorneys discussing intellectual property rights. But the
most striking and most compelling testimony has been from patients who
suffer from disease and disabilities that destroy lives.
The Labor-HHS and Education bill before the Senate adds a new
provision to the existing embryo ban (carried in the bill since FY'96).
This language permits Federal dollars to be used--at the discretion of
the President--for research on embryonic stem cells from embryos that
meet the following criteria: created in excess of clinical need, will
otherwise be discarded, and are donated with the written consent of the
progenitors. This language for the first time, states that Federal
dollars may be used for embryonic stem cell research.
Since September 11, 2001, Americans have become acutely aware that
our enemies will use any means to murder and maim large numbers of U.S.
civilians. The use of biological agents is no longer a threat--it is a
reality. The deaths of 3 individuals from inhalational anthrax and the
infection of others with the cutaneous form of the disease has made all
of us aware of the need to act quickly to provide the funds needed for
prevention and treatment needs. The committee has included $338 million
to coordinate state and local readiness, stockpile appropriate
pharmaceuticals, and build our public health infrastructure to respond
to any act of bioterrorism. The anthrax found in Senator Daschle's
office and in the House and Senate mail rooms, at postal facilities in
New Jersey and the District of Columbia and surrounding areas, in news
and other media facilities proves that we must try and prevent, detect
and quickly respond to any further acts of bioterrorism. Additional
dollars to address bioterrorism needs will be considered during
supplemental appropriations bills in November.
For the first time, the committee has included $1 million for a
public awareness campaign to educate Americans about the existence of
spare embryos and adoption options. During stem cell hearings, we were
made aware that
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there are 100,000 spare frozen embryos stored in in-vitro fertilization
clinics throughout the United States. Many infertile couples could
choose to adopt and implant such embryos if they were aware of that
option.
Since 1999, $2.9 billion has been devoted to programs to assist
communities in preventing youth violence. This year the committee has
included $1.542 billion to continue to address youth violence in a
comprehensive and coordinating manner throughout the Federal
Government. Funds will be used to improve research, prevention,
education, and treatment strategies to identify and combat youth
violence.
To enable all children to develop and function at their highest
potential, the bill included $6.6 billion for the Head Start Program,
an increase of $400 million over last year's appropriation. This
increase will provide services to 916,000 children in 49,420 classrooms
across the Nation.
To help provide primary health care services to the medically
indigent and underserved populations in rural and urban areas, the bill
contains $1.34 billion for community health centers. This amount
presents an increase of $175.1 million over the FY 2001 appropriation.
These centers provide health care to nearly 12 million low-income
patients, many of whom are uninsured.
Again this year, the committee has placed a very high priority on
women's health. The bill before the Senate provides $818.7 million for
programs specifically addressing the health needs of women. Included in
this amount is $27.4 million for the Public Health Service, Office of
Women's Health, an increase of $6.1 million over last year's funding
level to continue and expand programs to develop model health care
services for women, provide monies for a comprehensive review of the
impact of heart disease on women, and to launch an osteoporosis public
education campaign aimed at teenagers. Also included is $266 million
for family planning programs; $124.2 million to support the programs
that provide assistance to women who have been victims of abuse and to
initiate and expand domestic violence prevention programs to begin;
$167.2 million for sexually transmitted diseases; $195 million for
breast and cervical cancer screening; and $39 million for the Office of
Research on Women's Health at the National Institutes of Health.
In FY'01, the Labor-HHS Subcommittee held several hearings to explore
the factors leading to medical errors and received testimony from
family members and patients detailing their experiences with medical
mistakes. The Institute of Medicine also gave testimony and outlined
findings from their recent report which indicated that 98,000 deaths
occur each year because of medical errors and these deaths may cost up
to $29 billion in excess health care expenditures and lost productivity
each year. The bill before the Senate contains $60 million to determine
ways to reduce medical errors, an increase of $10 million over the
FY'01 appropriation.
The bill maintains $2 billion for the Low Income Home Energy
Assistance Program. The amount, when combined with the additional $300
million in emergency appropriations, will provide a total of $2.3
billion for the LIHEAP Program in FY'02. LIHEAP is the key energy
assistance program for low income families in Pennsylvania and in other
cold weather states throughout the Nation. Funding support grants to
States to deliver critical assistance to low income households to help
meet higher energy costs.
For programs serving the elderly, the bill before the Senate
recommends $2.4 billion. Included is: $366 million for supportive
services and senior centers; $561 million for congregate and home-
delivered nutrition services; and $202.5 million for the national
senior volunteer corps; $450 million for the community service
employment program which provides part-time employment opportunities
for low-income elderly. Also, the bill provides $909.1 million for the
National Institute on Aging for research into the causes and cures of
Alzheimer's disease and other aging related disorders; funds to
continue geriatric education centers; and the Medicare insurance
counseling program.
The bill includes $5.1 billion for AIDS research, prevention and
services. Included in this amount is $1.833 billion for Ryan White
programs, an increase of $75.4 million; $781.2 million for AIDS
prevention programs at the Centers for Disease Control; and $2.375
billion for research at the National Institute of Allergy and
Infectious Diseases.
To enhance this Nation's investment in education, the bill before the
Senate contains $48.5 billion in discretionary education funds, an
increase of $6.3 billion over the FY'01 freeze level, and $4 billion
more than the President's budget request.
For programs to educate disadvantage children, the bill recommends
$11.8 billion, an increase of $1.8 billion over last year's level. The
bill also includes $200 million for the Even Start program to provide
educational services to low-income children and their families; $36
million for the education of homeless children, and $30 million for
migrant education programs.
For school improvement programs, the bill includes $8.7 billion, an
increase of $1.6 billion over the FY'01 appropriation. Within this
amount, $3.039 billion will be used for a new state grant program for
improving teacher quality. To assist States and local education
agencies in developing education reform initiatives, the bill includes
$410 million. Also included is $925 million for grants to local
education agencies for emergency school renovation and repair
activities. The committee recommendation includes $712.1 million for
educational technology state grants, as authorized under the Senate-
passed version of H.R. 1. This program consolidates the four current
educational technology programs.
For the 21st century After School Program, the bill provides $1
billion, an increase of $154.4 million over last year's level. This
program supports rural and inner-city public elementary and secondary
schools that provide extended learning opportunities and offer
recreational, health, and other social services programs. The bill also
includes language to permit funds to be provided to community-based
organizations.
For Impact Aid programs, the bill includes $1.130 billion, an
increase of $137.1 million over the 2000 appropriation. Included in the
recommendation is: $50 million for payments for children with
disabilities; $954 million for basic support payments, an increase of
$72 million; $68 million for construction and $50.5 million for
payments for Federal property.
The bill provides $516 million to assist in the education of
immigrant and limited-English proficient students. This recommendation
is an increase of $56 million over the 2001 appropriation.
The $8.4 billion provided in the bill will help local educational
agencies meet the requirement that all children with disabilities have
access to a free, appropriate public education, and all infants and
toddlers with disabilities have access to early intervention services.
The $999.6 million increase over the FY'01 appropriation will serve an
estimated 6.5 million children age 3-21, at a cost of $1,133 per child.
While also supporting 612,700 preschoolers at a cost of $637 per child.
To improve post-secondary education opportunities for low-income
first-generation college students, the committee recommendation
provides $805 million for the TRIO program, a $75 million increase over
the 2001 appropriation. These additional funds will assist in more
intensive outreach and support services for low income youth.
For student aid programs, the bill provides $12.3 billion, an
increase of $1.6 billion over last year's amount. Pell grants, the
cornerstone of student financial aid, have been increased by $250 for a
maximum grant of $4,000. The supplemental educational opportunity
grants program has also been increased by $22.1 million, the work study
program is held at the FY'01 level and the Perkins loans programs is
increased by $15 million.
In this Nation, we know all too well that unemployment wastes
valuable human talent and potential, and ultimately weakens our
economy. The bill before us today provides $5.5 billion for job
training programs, $80.8 million over the 2001 level. Also included is
$1.4 billion for Job Corps programs; $950 million for adult training;
and $1.549 billion for retraining dislocated workers and $1.127 billion
for youth training.
The bill provides $1.422 billion for worker protection programs, an
increase of $63.8 million above the 2001
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appropriation. While progress has been made in this area, there are
still far too many work-related injuries and illnesses. The funds
provided will continue the programs that inspect business and industry,
assist employers in weeding out occupational hazards and protect
workers' pay and pensions.
The bill includes $395 million for the Corporation for Public
Broadcasting, an increase of $30 million over the FY'2003
appropriation. In addition to the core amount provided for CPB, the
Committee recommends $25 million for the conversion to digital
broadcasting.
There are many other notable accomplishments in this bill, but for
sake of time, I have mentioned just several of the key highlights, so
that the Nation may grasp the scope and importance of this bill.
Mr. President, I again want to thank Senator Harkin and his staff and
the other Senators on the subcommittee for their cooperation.
This bill has very substantial additional funding for education--some
$4 billion more than last year. It has very considerable additional
funding for the National Institutes of Health, which funding has been a
priority, on which the distinguished chairman, Senator Harkin, and I
have worked during his chairmanship in the early 1990s and mine for
6\1/2\ years, beginning in 1995 through earlier this year. If there is
a continuing resolution, those increases will not be realized.
I think there is also an appropriate point of emphasis with what is
happening in the country. I believe other Senators share my belief that
there is a real need for us to spend time in our States with our
constituents, telling them what is happening in the world and telling
them what is happening in America. We all know that all of this work
should have been finished by September 30. Here we are on October 30.
So I urge my colleagues, in furtherance of what the distinguished
Acting majority leader has said, to let us know what the amendments are
and offer to bring them. If we are not accorded that kind of
consideration, it is my hope we will move to the third reading so that
we can go to conference.
This is not going to be an easy bill to conference. Unless we proceed
with dispatch, we will not have the benefit of these very substantial
increases in funding.
I thank the Chair and my colleagues. The ACTING PRESIDENT pro
tempore. The Senator from Nevada is recognized.
Mr. REID. Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. REID. Mr. President, I have spoken with the managers of the bill,
and being a member of the committee, I have been so impressed with the
hearings these two Senators have held over the last several years. It
does not matter who is the chairman of the subcommittee; they have done
outstanding work. They are always on the cutting edge of what is going
on in the country. So I hope people will realize what an important bill
this is.
I am going to work to have a unanimous consent agreement in order
that by 4 o'clock this afternoon there will be a filing deadline for
first-degree amendments on this bill. We will work on that while the
managers are giving their opening statements.
The ACTING PRESIDENT pro tempore. The Senator from Iowa is
recognized.
Mr. HARKIN. Mr. President, I thank our assistant majority leader for
his efforts in this regard. I thank him for all of his support through
the years, and especially this year, for bringing this bill before the
Senate. It is an important bill.
I will give my opening statement in a moment. I certainly hope we are
able to reach some agreement on the filing of amendments sometime this
afternoon. This bill has been laid to the side for a long time. People
have known it was going to come up. I hope we can get the amendments
filed. I hope we can dispense with this bill, if not today, as was
said, early tomorrow. There is no reason we cannot finish the bill
today. I hope we can move in that direction. I thank Senator Reid for
his efforts in this regard.
Amendment No. 2017
Mr. HARKIN. Mr. President, I send a substitute amendment to the desk,
which is the text of the Senate-committee-reported bill, and ask the
clerk to report it.
The ACTING PRESIDENT pro tempore. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Iowa [Mr. Harkin], for himself and Mr.
Specter, proposes an amendment numbered 2017.
Mr. HARKIN. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
(The text of the amendment is printed in today's Record under
``Amendments Submitted.'')
Mr. HARKIN. Mr. President, I ask unanimous consent that the amendment
be agreed to; that the motion to reconsider be laid upon the table;
that the amendment be considered as original text for the purpose of
further amendment; and that no points of order be considered waived by
virtue of this agreement.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. HARKIN. Mr. President, as chairman of the Labor, Health and Human
Services, and Education Subcommittee of the Senate Appropriations
Committee, I am very pleased to bring before the Senate the 2002
appropriations bill for the Department of Labor, Department of Health
and Human Services, Department of Education, and related agencies.
I am also pleased to report that the bill was approved on a unanimous
bipartisan vote on October 11.
I begin by thanking my good friend and partner in this effort,
Senator Specter, and his excellent staff for working with me and my
staff to put together this bill on a bipartisan basis. This is always
one of the most difficult bills to put together, and it is certainly
one of the most important.
Our Nation's health and the strength of our tomorrow are shaped by
the critical health, education, and labor investments made by this
bill.
I also thank Chairman Byrd and Senator Stevens for their steadfast
support and guidance throughout the year and for their good work in
helping us get an enhanced allocation.
The bill we are putting forward today obviously is not perfect, not
by a long shot, but given the limited resources with which we had to
work, I think it is a very strong bill and one I can strongly
recommend.
As we have done throughout our over 10-year partnership working on
this subcommittee, the fiscal year 2002 bill is truly the product of
bipartisan negotiation as Senator Specter and I have worked closely
together to shape it. We have done our best to accommodate the
literally thousands of requests we have received from our colleagues.
Mr. President, I will highlight some of the main features of the
proposal before us.
First, it takes a number of important steps to improve the quality,
affordability, and accessibility of health care in America. By
providing a record $3.4 billion increase to medical research funded by
the National Institutes of Health, we are keeping our 5-year commitment
to double our national investment in potential medical breakthroughs.
This action holds the hope of improving the lives of millions plagued
by killers such as Alzheimer's, cancer, Parkinson's, diabetes,
osteoporosis, spinal cord injuries, and so many others.
The bill also makes a major improvement in access to affordable
health care by providing a record $175 million increase to community
health centers and major increases in critical prevention activities
such as cancer and heart disease screening. These changes are
preventive in nature and will save lives and improve health.
The bill also has a major new effort to improve health care in our
rural areas and small towns. We will bring more doctors and nurses and
other health professionals to places they are needed by expanding the
National Health Service Corps and the Nurse Loan Repayment Program. Our
struggling rural hospitals are given help to
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deal with Medicare paperwork burdens and help to expand into other
activities such as adult daycare.
As a Senator from Iowa and as cochair of the Senate Rural Health
Caucus, I know how sorely these changes are needed.
Education continues to be a top priority of this subcommittee, and
while our bill provides substantial new investments in quality
education, it is my strong hope and expectation that more resources
will be provided when we complete action on the education reform bill
now in conference.
I also sit on that conference committee, led by our distinguished
chairman, Senator Kennedy. That bill, which is now in conference,
contains an amendment that was offered by Senator Hagel and me that the
Senate approved without one dissenting vote, that we will finally meet
our commitment to fully fund special education. We need that provision
to do right by our schools and our local property tax payers.
That amendment in that bill--I am talking not about the bill before
us, but the education reform bill that is in conference--the amendment
Senator Hagel and I offered, would over the next several years increase
from the present level of 15 percent to 40 percent the amount the
Federal Government will put into special education on an average-cost-
per-pupil basis.
Twenty-five years ago when we passed the special education bill, the
Individuals with Disabilities Education Act, we stated at that time
that the goal of the Federal Government was to provide 40 percent of
the average-per-pupil cost. That was 25, actually 26, years ago, and we
are now at 15 percent.
Special education continues to be one of the highest costs to our
local school districts, one that is burdening our local school systems
and our local property tax payers. Yet the Federal Government has not
lived up to its commitment. So in that education bill, Senator Hagel
and I offered an amendment to boost that funding. It is now in
conference, and hopefully we will keep that provision in the bill.
That will, of course, free up some money for other parts of education
which we did not have in our bill and were unable to meet all the
needs.
I especially want to say with the downturn in the economy, I believe
we are going to need more money especially for title I programs in
education for the next year, and beyond that depends on what happens to
the economy. Certainly we are going to need it for the next year.
Again, I am hopeful the education bill that is in conference will
continue; that the House will recede to the Senate and will keep that
money for special education.
I am also very pleased to report this bill before us today contains
nearly $1 billion to make needed repairs to our schools, including
necessary security enhancements. Last year, this subcommittee, under
the leadership of Senator Specter, started an initiative to help our
local school districts make their schools safe. It has been extremely
popular in the States, and in a time of economic downturn, this job-
creating initiative is even more urgent and it should be continued.
I will, at some appropriate point, point out on a chart how much all
of the various States have received in the last year to make needed
repairs, to bring their schools up to fire and safety code
requirements, and to make needed security enhancements for their
schools. As I said, it has been very helpful to the States. The
Governors all support it; the school boards support it; and the parent-
teacher associations. There is no one who is opposed to it.
So we put the money back in this year to keep it going. With all of
the talk about stimulus and stimulus package, and looking at the
stimulus package the House sent us with all of the tax breaks for huge
corporations, it seems to me the best stimulus we could provide would
be to send money directly to our communities so they could repair and
modernize their schools. We get a couple bangs for the buck on that. We
put people to work; it stimulates local economies, and of course that
has a backup effect because there will be suppliers of different
equipment, and it provides for all kinds of multiplier effects in the
economy.
The second thing we get when we finish is we get something of lasting
value for our country: better schools. So I am hopeful this program
will be continued.
This bill also makes college more affordable for millions of young
people by increasing the Pell grant maximum to $4,000 and increasing
the TRIO by $75 million, which brings that program's total funding to
$805 million.
The bill also makes an important downpayment on needed improvements
to elementary and secondary education. It increases funding for title I
by $1.4 billion, to a total of $10.2 billion. It increases afterschool
programs by $154 million, which brings that to a total of about $1
billion. It increases funding for teacher quality by over $900 million
for a total of just over $3 billion for teacher quality.
This bill also funds crucial worker protection and job training
efforts. I am pleased we have been able to improve our commitment to
worker training and safety in this bill. We have also funded our State
unemployment offices to handle the increased caseload they will face
with the economic downturn.
Coming from a State with one of the highest percentages of senior
citizens in the Nation, I am keenly aware of the many needs of our
Nation's seniors. Accordingly, our bill contains a substantial
initiative to improve services to our Nation's elderly. We will allow
many more homebound seniors to receive Meals on Wheels. This is a very
good, low-cost program that helps the elderly and disabled in small
towns and urban centers all over our country. For many of the seniors
it is their only hot meal of the day and often the person who delivers
the meal is the only visitor they have during the entire day.
This bill also provides a major increase in services such as adult
daycare, to help seniors remain in their own homes and to give their
loved ones needed respite and support care.
Finally, our subcommittee has held a series of hearings on the need
to better protect Americans from the threat of bioterrorism, which, of
course, is on so many of our minds today, especially those of us who
have offices in the Hart Building, knowing we are not going to be able
to get our staffs back in the building for, I guess, a few more weeks,
from what I understand. It is a concern of Americans all over America
about the mail they receive and whether they are going to be exposed,
whether or not our food is going to be safe. So bioterrorism is
something we have to address.
This Friday, our subcommittee will be having a hearing on the
potential threat of smallpox and what we are doing and what more we
need to do to protect our country against this possible terrorist
threat.
While the bill before us contains a modest level of funding to
address this need of bioterrorism, a much larger package will be
included in the antiterrorism supplemental appropriations bill. We have
developed a detailed $2.3 billion plan that would beef up our public
health system, boost our vaccine stockpiles, help hospitals respond to
potential surges, boost vaccine research, and increase lab security.
This subcommittee is serious about meeting this threat head on, and
we are prepared to fully fund a comprehensive, commonsense,
antibioterrorism effort.
I conclude by saying Senator Specter and I are now prepared to move
this bill. The leaders have asked us, as we heard earlier, to move the
bill quickly. We are eager to complete it so we can get to conference
with the House. So I hope, if Members have amendments, they will come
to the Chamber and offer them. Hopefully, we can wrap up this bill
sometime today.
As the chairman, I usually am aware of possible amendments. I must
say at this point in time I have not heard of any amendments. So if any
Senators have amendments, I hope they will come and offer them as soon
as possible.
I want to thank my colleague, Senator Specter, and his staff for all
their help in putting this bill together. As he said earlier, we have
had a great partnership now going on over 10 years. We keep switching
sides. One is the chairman or ranking member, then chairman or ranking
member. Quite frankly, I like it a little bit better this way, but I
could not have asked for a better chairman when I was ranking member.
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I appreciate all of the many kindnesses he has afforded me, and the
closeness with which we have worked over the years to develop our
appropriations bills, especially this one this year.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Pennsylvania.
Mr. SPECTER. Mr. President, to reiterate, I thank my distinguished
colleague from Iowa for those very generous comments. It is not
uncommon to hear hyperbole when one Senator talks about another, but
the relationship which Senator Harkin and I have developed for more
than a decade represents bipartisanship at its best.
I understand when Senator Harkin says he likes it a little bit better
when he is the chairman. Some people would not be surprised to hear he
likes it a lot better when he is the chairman. Senator Harkin chaired
the subcommittee prior to 1995 when I became chairman and was chairman
for some 6\1/2\ years. The transition has been seamless. Tom Harkin and
Arlen Specter learned a long time ago that if one wants to get
something done in Washington, they have to be willing to cross party
lines.
Our work on this subcommittee involves three of the most important
subjects on which the Congress has to appropriate, and that is on
education, where it is a priority second to none; and health, which has
a standing with education; and labor and work safety are matters of
enormous importance where the public interest is very well served by
this kind of bipartisanship and this kind of cooperation.
We have structured a bill with the assistance of a superb staff. Both
Senator Harkin and I refer to our deputies, Ellen and Betty Lou, as
deputy Senators because they take over. We have the final say, but they
are tremendous.
Mr. HARKIN. We do?
Mr. SPECTER. Senator Harkin just said, ``We do?'' And I would add:
Yes, sir, we do.
Mr. HARKIN. We think we do.
Mr. SPECTER. It is an enormous staff contribution. Senator Harkin and
I have received more than a thousand requests from Senators for
inclusion in this bill, and we have done our best to accommodate all
those requests. We have accommodated a surprisingly high number as we
have worked through the priorities on this bill.
This bill provides for $123 billion in budget authority, and that is
an increase of $11.4 billion over last year, and we are within our
302(b) allocation. We are within the budget. This represents a
determination by the Senate of the very high priority on these issues.
In providing funding for education, health and labor, with emphasis
on worker safety, we have added funds to the National Institutes of
Health which we believe to be the crown jewel of the Federal
Government. We started on this very substantial increase for fiscal
year 1998. Up until that time there had been increases but not enormous
increases. Senator Harkin and I determined this was the highest
priority because of the tremendous number of ailments which were
addressed by the National Institutes of Health.
That year, we asked the Budget Committee for an extra $1 billion; we
were turned down. So we came to the floor and offered an amendment on
the budget for an extra $1 billion; we lost 63-37. We got out the sharp
pencils and found the extra $1 billion in priorities. The next year,
having lost our effort for an extra $1 billion from the budgeting
process, we asked for $2 billion; we were turned down again. We lost
again on the floor, 52-48. But we have pursued this matter with
tenacity and diligence, so that last year when we asked for $2.5
billion--this year we are asking for $3.4 billion--we had a vote of 96-
4. We have had that kind of support. That reflects the Nation's mood.
From fiscal years 1998, 1999, 2000, and 2001--and if we mark in the
$3.4 billion this year--we will have increased NIH funding by $11
billion on an existing budget in fiscal year 1997 of $12.7 billion. We
believe that has been good for America. We have been able to watch NIH
and, with other oversight, move within 5 years, perhaps, of conquering
Parkinson's disease, delaying Alzheimer's disease, and made enormous
achievements in cancer research and therapy and in heart disease.
I ask unanimous consent that at the end of my comments the long list
of diseases tackled by the National Institutes of Health, with
remarkable success, be printed in the Record.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
(See Exhibit No. 1.)
Mr. SPECTER. Among the hearings our subcommittee has held since
December of 1998, there were nine on stem cells, which burst upon the
scene in November of 1998. The President has taken a significant step
forward in authorizing Federal funding for all of the stem cell lines
which were in existence as of August 9 at 9 p.m. Subsequent hearings by
our subcommittee have disclosed the likelihood is high that will not be
sufficient to have the kind of medical research which is necessary. The
determination of that will await another day, candidly, as our country
has been so heavily involved on the war against terrorism.
In response to very legitimate concerns which have been addressed by
many about the possibility of having life from those embryos which are
discarded on in vitro fertilization, we have included in this bill $1
million as a starting project to have an embryo adoption awareness
campaign.
In in vitro fertilization, perhaps a couple will create a dozen of
these embryos. Then there will be selected three or four of the
strongest embryos for implantation, for in vitro fertilization. The
bulk of the remaining embryos will be discarded. An issue has been
raised about the possibility of adoption of these embryos. Certainly,
if it were possible to bring all of these embryos to life, no one would
suggest remotely they be used for research for stem cell
extraction. But it is only because they are going to be discarded that
it is concluded it is better to use them than to simply lose them and
throw them away.
In an effort to have the maximum utilization possible of these
embryos if life can be produced, we have started on this embryo
adoption awareness campaign and have allocated $1 million--not an
enormous sum of money, but enough for a start. If it moves ahead, we
will be revisiting this matter with increased appropriations in
subsequent years.
Our funding has been very extensive on other critical programs of the
Department of Health and Human Services. The Centers for Disease
Control, which is now very much in the headlines, was the subject of an
additional $170 million last year for improvement of the plan. About 18
months ago, I made a visit to the Centers for Disease Control in
Atlanta because I could not believe the stories I was hearing about
renowned scientists working in corridors with their desks under
extraordinarily difficult circumstances. I went to Atlanta. I found
that the conditions were even worse than had been described.
Senator Harkin and I crafted $170 million for our budget for capital
improvements which will exceed some $1 billion over the course of
years. This year, we have added some $250 million to that program. We
have had a substantial increase in Head Start, of some $400 million,
and we are now at $6.6 billion. The Ryan White AIDS program has an
increase of $75 million to $1.888 billion. Children's Graduate Medical
Education, a very important item, has had an increase up to $243
million.
On education on title I, disadvantaged youngsters, we have had the
remarkable increase of $2.4 billion, or a total of some $11.8 billion.
On the important item of teacher quality State grants, an increase of
$930 million to $1.9 billion, we have had a virtual doubling of that
important account. On special education, an item I hear about so often
in my town meetings as I visit the 67 counties in Pennsylvania, we have
had an increase of $1 billion, moving toward the goal of having the
Federal Government fund 40 percent of special education.
Pell grantees have been raised consistently. Now they are at $4,000,
an increase of $250 over last year. Gradually we are moving them up and
up and up.
With respect to labor, the dislocated worker account, which is so
important today with the economy having the difficulties which are so
well known, we have an increase of $136 million, for a total of $1.5
billion.
Occupational Safety and Health Administration, OSHA, has an increase
of
[[Page S11159]]
almost $25 million; mine safety, an increase of almost $10 million; the
National Labor Relations Board, an increase of $10 million to try to
get them to cope with their very heavy backlog.
That is a summary of some of the items in this bill. We think we have
crafted the priorities in accordance with America's needs. These are
three Departments of enormous importance. We have a substantial
allocation for bioterrorism which we have addressed each year.
That will be in our regular budget--$338 million. That is going to
have an increase yet to be determined.
We had a special hearing several weeks ago where the indications were
a minimum of $1.5 billion, which was the request at that time. That is
going to be substantially increased to enable us to cope with the very
serious threat which confronts America today.
That is a very brief summary. I urge my colleagues to come to the
Senate floor. Now is a good time to offer amendments. There is no
competition; Senators may offer amendments right at the head of the
line.
Exhibit No. 1
Diseases
Alzheimers.
Parkinsons.
ALS
Muscular dystrophy.
Diabetes.
Osteoporosis.
Cancers: breast, cervical and ovarian; lymphoma; multiple
myeloma; prostate; pancreatic; colon; head and neck; brain;
lung.
Pediatric renal disorders.
Multiple sclerosis.
Deafness and other communication disorders.
Glaucoma.
Macular degeneration.
Sickle cell anemia.
Heart disease.
Spinal cord injury.
Sudden infant death syndrome.
Arthritis.
Schizophrenia and other mental disorders.
Polycystic kidney disease.
Hepatitis.
Cooley's anemia.
Primary immune deficiency disorders.
Autism.
Stroke.
Obesity.
The PRESIDING OFFICER. This assistant majority leader.
Mr. REID. Mr. President, prior to Senator Stevens, a minority member
on the Appropriations Committee, speaking on this bill, I want to
announce to everyone that as soon as we come back from the party
caucuses, after the recess at 2:15, there will be a unanimous consent
agreement setting a time for filing--not for filing but for calling the
cloakroom. We are going to come up with a list of finite amendments at
a certain time today.
We would like to offer that unanimous consent right now, but we have
been given information that the minority wants to complete their caucus
lunch before they make a decision. I only state we hope that can be
worked out. I am confident it will be, but if it is not, we are going
to offer the unanimous consent and someone will have to come and
personally object to it. We need to move this bill along.
The Republican senior member of the committee is on the floor and he
has worked very hard. We now have two bills that have been sent to the
President. We have two or three conference reports we are going to
complete this week, so we are making progress. One of the things we can
do to show some significant progress is complete this bill tonight or
prior to lunch tomorrow and then move on to another appropriations
bill.
I hope we can have that agreement on a finite list of amendments
entered shortly after we come back from lunch.
Mr. DORGAN. Mr. President, will the Senator yield for a question?
Mr. REID. I will be happy to yield to my colleague from North Dakota.
Mr. DORGAN. So I understand what the Senator from Nevada is saying, I
am going to offer an amendment to this bill and every bill that comes
to the floor. It is something that was dropped out of the bill last
week on counterterrorism. It deals with what is called advanced
passenger information systems. We have airlines landing this morning
from Pakistan, from Jordan, Egypt, Saudi Arabia, Kuwait, airliners
coming from those countries for which there is no passenger information
forwarded to the Customs Department.
Eighty-five percent of the airlines do voluntarily provide that
information. Fifteen percent of the airlines do not. I have described
the countries from which the airlines come that do not provide that
information. Everyone agreed we ought to do this. I offered the
amendment and it was knocked out in conference on the counterterrorism
bill because we had some people worried about their jurisdiction. They
would not allow it in conference.
Today we have literally thousands of people coming on airplanes from
that region and the names of those people are not provided to the
Federal law enforcement authorities as they are from 85 percent of the
other carriers. In this case, those names are not provided now. It
seems to me that compromises this country's security.
I aim to fix that as quickly as we can. I intend to offer that as an
amendment to every bill, and I will offer it this afternoon to this
legislation as well. I want to make sure I am not prevented from doing
so.
Mr. REID. I say to my friend from North Dakota, he certainly is not
prevented from doing so. I hope he offers that amendment as soon as
possible. The sooner we get to it, the quicker we are going to move
through the bill, but Senators will have an opportunity to offer any
amendments they want. We are not trying to cut off any amendments. We
are simply saying we want to cut off time so we know what amendments we
are going to have to work through before we complete this legislation.
I look forward to supporting my friend, the Senator from North
Dakota, on this most important legislation dealing with airport
security.
The PRESIDING OFFICER. The Senator from Alaska is recognized.
Mr. STEVENS. Mr. President, while the Senator from North Dakota, who
made the comment concerning the advanced lists, is present, I want to
make a comment on another subject. But I say Alaska has suffered
recently because of the loss of cargo lines that came through Anchorage
and went on to other parts of the United States or Mexico or Canada.
They landed primarily for fuel. The Customs regulations were changed
and because of those changes, one of which was the request for the
advanced lists, a series of those cargo lines have now decided to land
in Canada and not land in the United States. So their first landing is
in Canada.
I do not think the Senator is going to propose we get an advanced
list of passengers on Canadian airlines. I am not sure it is possible
under NAFTA. So I urge him to consider some way to deal with this
problem of requiring lists that might lead to these planes deviating
and going into Canada and actually we would have less information than
we have today. I do not want to debate it now, but I will talk to him
about it and tell him what happened in Alaska. I hope he understands.
Mr. DORGAN. Will the Senator yield for a question? I understand he
wants to talk about other things. My interest is in making sure we have
the passenger lists of people coming into this country. As I indicated,
in 85 percent of the cases we do, but we do not now from Pakistan,
Saudi Arabia, Kuwait, and so on. It seems to me that security is
paramount at this point, and I certainly will visit with the Senator
from Alaska about the issue he raises. I am talking especially about
passenger lists at this point. I will talk more about it this
afternoon.
Mr. STEVENS. I support the Senator's request. I supported his
amendment before, and I will support it again, but I do think we have
to take a look to see what the consequences of some of these
requirements are and be prepared to meet the changes that come in terms
of the airline travel.
Mr. President, I want to talk about the Labor-Health and Human
Services appropriations bill. I know it will be up after lunch. I
welcome the statement of the distinguished majority whip that we will
seek a listing of these amendments today. I also am delighted I was
able to be with Senator Specter who spoke about a matter that he and I
have discussed at other times, and that is the creation of some type of
category that will allow us to distinguish between normal visa
applicants, or holders who are privileged to be in this country, and
those who should properly be on a list of known terrorists.
I, for one, do agree with him. We should find some way to treat those
[[Page S11160]]
people as we would agents of foreign nations and treat them as
prisoners of war. We ought to start getting tougher, as the Senator
from Pennsylvania says.
What worries me most, as one of the few survivors of the World War II
era, is I do not think we understand how tough we have to get to deal
with some of these issues that are coming before our country. I hear
people saying once again there is a global threat warning out and we
are sort of crying wolf.
Well, it is not crying wolf. I really believe the Attorney General
and the head of our new homeland defense agency are right to warn the
people of the United States, and I think it is high time we decide how
tough we are going to be in facing the challenges that have now beset
us because of our global war against terrorism.
As I said, I came to talk about the Labor-Health and Human Services
bill. It is the largest bill that comes before the Appropriations
Committee. It is the largest because its breadth of coverage, as well
as its size, means it does more to help everyday Americans than any
other bill we consider in this Congress. It addresses American's health
needs from community clinics to bioterrorism to immunizations. It
provides services for Americans who need a helping hand from electric
bills to job training. It helps narrow the education gap, providing
Pell grants to lower income university students, to assistance to
Alaska native colleges. I am pleased the committee has agreed to fund
the Denali Commission. It was a commission I urged Congress to create
to adopt a novel approach to providing assistance to remote areas in my
State. The overhead of this commission in handling Federal funds is
held to 5 percent or less. It is probably the lowest rate in the entire
Federal Government.
We have found by handling money through a commission that has on it
members of the State government, of the Federal Government, of business
and labor, of the environmental community, as well as the native
community, we can make decisions on how to spend and where to spend
Federal money without the enormous overhead of the rest of the Federal
executive branch. It has already helped build health clinics in remote
villages where there are no doctors or nurses. We have pioneered in
telemedicine and tele-education in my State. I am most pleased that the
Appropriations Committee has agreed to continue to support this
approach.
Sadly, my State leads the Nation in domestic violence, child abuse,
and alcoholism. I am deeply grateful to the chairman and the ranking
member of the Subcommittee on Labor, Health and Human Services, and
Education for including an initiative to develop a statewide plan to
combat domestic violence and child abuse in Alaska. Likewise, I am very
pleased funds have been provided to implement the physical education
for progress legislation Congress adopted last year at my request.
It is my hope we will move forward on this legislation quickly. I
urge our colleagues to come to the floor as soon as possible to clear
any amendments with the managers of the bill. We have other bills to
which we should move. I know the chairman of the committee, Senator
Byrd, will be speaking on this matter. I join him in requesting we
consider how we can move the remaining legislation that comes from our
Appropriations Committee and still finish our business in time to get
home for Thanksgiving.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. DORGAN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DORGAN. Mr. President, I will speak at more length on the subject
I talked about a few moments ago, the issue of the advance passenger
information system, which sounds like an innocuous system but it is a
very important system by which we help provide for this country's
security. Let me describe exactly what has happened.
We have 57 million people enter this country every year by airplane.
Commercial airplanes from all around the world come into this country.
We have some 57 million people on those airplanes entering the United
States. There are 94 different air carriers flying those people into
our country. There were 400,000 international flights with passengers
processed into our country in the last year.
The question, especially since September 11, and since the terrorist
threats against this country resulted in these devastating attacks of
mass murder, the question is, Who are these people who are entering our
country? What is their background? Do their names show up somewhere on
a list of people who are affiliated with or associated with a terrorist
cell? Are they known or suspected terrorists? Who are they?
In order to answer that question, we have what is called the advance
passenger information system, which has 85 percent of the passengers
covered by APIS because the carriers that are bringing them into this
country voluntarily provide information to the Customs Service in
America, saying here is our passenger list. That list then is cross-
checked against the list of the Customs Service, the FBI, and others,
to try to determine whether there are people who are trying to enter
our country who should not enter. Pretty simple.
But the 15 percent of the passengers who are not part of this system,
whose names don't come in to be checked, includes passengers on
airplanes coming from, among other countries, Saudi Arabia, Kuwait,
Jordan, Egypt, and Pakistan. Let me give carriers that do not comply.
They are not part of the voluntary system and do not provide passenger
lists or information about passengers: Air Lingus, Aer Transat, Bahamas
Air, Champion, Saudi, Kuwait, Royal Jordanian, Air Pakistan
International, Canada 3000.
I chaired hearings in the appropriations subcommittee dealing with
Treasury and general government. We had the Commissioner of the Customs
Service testify. He talked about this. He talked about this being an
important piece of information we get in our attempt to try to prevent
terrorists, or known or suspected terrorists, from coming into our
country. He said it is voluntary. There is 15 percent of the
information we don't get; 15 percent of the 57 million passengers, with
their names, are not given to our Customs Service to be checked. I
asked, should it be checked? And he said of course it should, but he
said at present it is not mandatory. I said, it is not mandatory? And
he said, of course, it should be mandatory.
I indicated we would try to get that done after the September 11
attacks when there were 19 people riding the airplanes who came into
this country to commit murder. While they committed an act of self-
destruction, they murdered thousands of American citizens. Especially
following that, we ought to be concerned about border security. This is
one part of border security.
We had a piece of legislation called the counterterrorism bill which
the President signed into law last week. That bill had an amendment I
offered on the floor of the Senate that would have required the
airlines coming into this country to provide the advance passenger
information lists. My amendment passed. The Senate said yes. It was in
the Senate bill. It came back from conference, and, mysteriously, it
was gone. That somehow got destroyed.
That amendment was destroyed in conference. Why? Apparently, because
there were some Members who decided in conference they have
jurisdiction over this, it didn't go through this hoop or that hoop or
didn't have this hearing or that hearing. Therefore, they asserted
jurisdiction on this and said they would not allow it to be in
conference.
What is the result of that, in my judgment, small-minded decision by
some in Congress? What is the result? The result is that today, on
Tuesday, there are airplanes landing all across this country coming in
from Pakistan, from Egypt, from Saudi Arabia, from Kuwait, from Jordan,
and there is no advance passenger list given the Customs Service
against which they can check the lists and determine whether there are
passengers we don't want coming into this country.
The result of knocking that out of the conference so it was not in
the counterterrorism bill last week, in my judgment, injures this
country's ability to provide for secure borders. It is
[[Page S11161]]
small thinking in the extreme, in my judgment.
Today and tomorrow these airplanes will haul passengers into this
country and we will not have information about who those passengers
are. We will have information on most of the passengers coming in from
South America, from Europe, from most of the countries with which we
have trading relationships and good relationships; they have signed a
voluntary agreement with us. But the fact is, some of the key
countries, some of the key carriers from that region that we need to be
very concerned about at this point, are not involved if we receive no
passenger list.
Someone said, when you read the names--Pakistan, Egypt, Jordan, Saudi
Arabia, Kuwait, and more--aren't you profiling passengers? I said it is
not about profiling passengers but about getting a list of all
passengers coming into this country and trying to profile who might be
known or suspected terrorists and keeping them out. If they happen to
come from one region of the country, I regret that. But we are not
profiling passengers; we are profiling terrorists to see if we can keep
out of this country those whom we don't want to let in because they
have suspect ties to terrorist organizations.
Coming into this country with a visa is coming into this country as a
guest of the United States. We have every right to keep out of this
country those who have ties to or those who are associated with known
terrorist organizations. But today, Tuesday, we cannot do that because
of behavior that represents monumental littleness, as one of our great
former Presidents said in a conference last week, knocking out the
amendment to which the Senate had already agreed, knocking out the
amendment that came to that conference from the Senate.
As a result, I intend to offer this amendment just after lunch today
on this piece of legislation, and I will offer this amendment on every
piece of legislation until it becomes law, until it is in a vehicle
signed into law by the President of the United States. So at 12:30 on
Tuesday next week or a week after when a plane lands in this country,
carrying passengers from abroad, we will know that in every
circumstance information on the passenger list from that plane is
provided to the U.S. Customs Service before departure.
Some might say, well, isn't this an unusual, intrusive and difficult
thing to ask of others? The answer is no. Anyone who watched those
commercial airplanes fly into the World Trade Center in New York knows
that a lot has changed since September 11.
This country's security is critically important. Border security, it
seems to me, is where you start. The President said yesterday, as
reported in the papers today dealing with visas, that we should be
tightening up on visas. I fully agree with that. You have to maintain
control of your borders. That doesn't mean you build a wall and keep
people out. It means you have sufficient capability to understand who
is coming in and to keep the wrong people out. That is what it means.
My hope is that we will be able to add this amendment to this
appropriations bill. I understand this isn't an appropriations
amendment. I understand that completely. My hope is that my colleagues
who have already approved this--the Senate has already approved this
legislation--will understand that our job is to keep sending this
matter to conference on every vehicle possible so that the next
airplane that lands from abroad is an airplane with a list of
passengers that we have, and that list has been checked against the
Customs list, against the FBI list, and against all of the lists of
some 20 different agencies that have lists that tell us about people
who should not be allowed to enter this country because of their known
or suspected ties to terrorist organizations.
I will come back after lunch with an amendment I will formally offer.
My hope is that the chairman and the ranking member will see fit to
agree to it.
I yield the floor.
The PRESIDING OFFICER. The Senator from Idaho.
Mr. CRAIG. Mr. President, I ask unanimous consent to speak for no
longer than 5 minutes as if in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CRAIG. Mr. President, I sat here for the last few minutes and
listened to my colleague from North Dakota talk about border security.
Certainly what he has said I agree with in principle. I haven't seen
his amendment. I will now search it out and read it.
I have always believed if you have a guest in your home and find out
that guest is going to burn down your home, you are going to get that
guest out of your house just as quickly as you can before he or she
touches the match. Foreign nationals in this country are guests of our
country. They are guests in our home. There is nothing wrong with
asking them to play by a few rules and for us to know who is on the
guest list.
If that is what the Senator from North Dakota is talking about, I
will support him in that effort.
____________________