[Congressional Record Volume 147, Number 149 (Thursday, November 1, 2001)]
[Senate]
[Pages S11345-S11351]
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--Continued


                    Amendment No. 2072, As Modified

  Mr. HARKIN. Madam President, I ask unanimous consent that amendment 
No. 2072, previously agreed to, be modified with the technical 
corrections I now send to the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2072), as modified, is as follows:
       On page 54, between lines 15 and 16, insert the following:
       Sec. 224. It is the sense of the Senate that the Secretary 
     of Health and Human Services should establish a program to 
     improve the blood lead screening rates of States for children 
     under the age of 3 enrolled in the medicaid program under 
     which, using State-specific blood lead screening data, the 
     Secretary would annually pay a State an amount to be 
     determined.
       (1) For each 2-year-old child enrolled in the medicaid 
     program in the State who has received the minimum required 
     (for that age) screening blood lead level tests (capillary or 
     venous samples) to determine the presence of elevated blood 
     lead levels, as established by the Centers for Disease 
     Control and Prevention.
       (2) For each such child who has received such minimum 
     required tests.


                            Safe Motherhood

  Mr. KENNEDY. Madam President, I thank the Chairman for his ongoing 
leadership on women's health and would like him to join me in 
congratulating the Centers for Disease Control and Prevention for its 
ground-breaking National Summit on Safe Motherhood. The summit 
succeeded in expanding our understanding of safe motherhood as a 
critical woman's health issue and identified the troubling lack of 
research and data on pregnancy-related issues that impact the short and 
long-term health of women.
  Mr. HARKIN. I am pleased to join the Senator in recognizing the 
summit. I, too, am increasingly concerned that despite major advances 
in public health and obstetrics, a safe and healthy pregnancy is still 
not the experience for all women. More than 2,000 women each day have a 
major medical complication during pregnancy, such as severe bleeding, 
ectopic pregnancy, postpartum depression or infection. Some groups, 
including African American, Hispanic, and older women, have a 
significantly increased risk of illness or death. For example, African-
American women are four more times likely to die from pregnancy-related 
complications as white women; Hispanic, Asian and American Indian women 
are twice as likely to die from pregnancy-related complications as 
their non-Hispanic, non-Asian, and non-American Indian counterparts; 
and women aged 35-39 are 2 to 3 times as likely to experience a 
pregnancy-related death compared to women aged 20-24.
  Mr. KENNEDY. As the chairman knows, if we are to eliminate these 
racial and ethnic disparities, we must gain a greater understanding of 
what causes pregnancy-related illness and death. I find it very 
troubling that even though more women in the United States are getting 
prenatal care now than ever before, the number of maternal deaths and 
preterm deliveries has not declined in the past 25 years.
  Mr. HARKIN. The lack of progress in reducing maternal morbidity and 
mortality is unacceptable. This committee strongly supports the goals 
identified at the summit, including expanding the CDC's safe motherhood 
initiatives. We must look at the public health importance of pregnancy 
to women's health in the 21st century, the magnitude and impact of 
short-term and long-term pregnancy-related complications, and national 
strategies to close the gaps in research, data collection and quality 
care. CDC has taken an important lead in this area.
  In addition, I look forward to working with the Senator and the 
General Accounting Office to document the existing state of research 
and knowledge about the impact of pregnancy on women's health so that 
we can have a blueprint for closing the gaps in women's health.


                         Healthy Start Program

  Mr. McCONNELL. Madam President, I commend the chairman and Senator 
Specter for drafting the fiscal year 2002 Labor, Health and Human 
Services, Education Appropriations bill. Assembling this legislation, 
with important priorities such as the National Institutes of Health, 
the Centers for Disease Control and Prevention, and the Department of 
Education, is a daunting task and one for which you should be 
commended.
  As the chairman knows, the Healthy Start initiative was started in 
1991 to reduce the rate of infant mortality in expectant mothers. The 
legislation we are now considering provides nearly $90 million for 
Healthy Start. While this is a generous allocation, it has come to my 
attention that at this funding level, several Healthy Start programs 
which have been approved by the Department will no longer receive their 
Federal funding. I know of one such program that stands to lose 
funding, Voices of Appalachia (VOA) Healthy Start. VOA in Whitley 
County, KY has done a remarkable job of reducing the infant mortality 
rate and continues to provide invaluable services to the families of 
Southeastern Kentucky.
  I understand that the House of Representatives has appropriated $102 
million for the Healthy Start Program. Keeping in mind that resources 
are scarce, I would inquire of the chairman whether he would be willing 
to agree in conference to the level appropriated by the House.
  Mr. HARKIN. As the Senator mentioned, this is a very tightly drafted 
bill and there are many important areas in which the Senate bill 
provides greater resources than the House. Like you, I realize the 
importance of the Healthy Start Program, and while I cannot make any 
promises, I will work with Senator Specter and the House to provide 
sufficient resources for this worthwhile program.
  Mr. SPECTER. I echo the comments of Chairman Harkin. Programs such as 
VOA deserve the full support of Congress, and I am committed to working 
with Chairman Harkin to provide adequate funding for Healthy Start 
programs.


              hispanic serving institutions grants program

  Mrs. HUTCHISON. Madam President, my colleague, Senator Bingaman, and 
I would like to clarify with our colleague, the distinguished chairman 
of the Labor, HHS, and Education Appropriations Subcommittee, his 
intent with respect to fiscal year 2002 funding of the Title V 
Hispanic-serving Institutions Grants program.
  As the chairman is well aware, this program provides critical funding 
to generally smaller, community-oriented four- and two-year 
institutions of higher education that serve at least 25 percent 
Hispanic students. These approximately 200 institutions are an 
increasingly important avenue to success for this important and growing 
segment of our nation, and the HSI program is integral to the ability 
of these institutions to open the doors of higher education to 
Hispanics.
  Mr. BINGAMAN. Will the Senator yield?
  Mrs. HUTCHISON. I am happy to yield to my distinguished colleague 
from New Mexico.
  Mr. BINGAMAN. I thank my colleague and fellow chair of the Senate 
Hispanic-serving Institutions Coalition for her leadership on this 
important issue. As she knows, Hispanics, and particularly Hispanic 
youth, are the fastest growing group of Americans. Yet despite the fact 
that Hispanic Americans represent 13 percent of the population aged 18 
to 24, they comprise

[[Page S11346]]

only 5.5 percent of the students enrolled in four-year institutions of 
higher education. Moreover the number of Hispanics who never complete 
high schools stands at an alarming 30 percent. As a nation we simply 
cannot afford to have such a large and growing segment of our 
population go unprepared to face the economic challenges of the next 
century.
  Key to greater Hispanic American enrollment in both higher and 
secondary education are Hispanic-serving institutions. Despite the fact 
that they represent only three percent of all colleges and universities 
nationwide, HSIs educate over 600,000, or 42 percent, of the Hispanics 
enrolled in postsecondary education today. However, many HSIs remain 
critically underfunded and lack the resources and infrastructure 
necessary to meet the growing demands of the communities they serve.
  Mrs. HUTCHISON. If the senator will yield, I want to thank him for 
his comments and his resolute support of this program and of a variety 
of other education programs and issues of importance to Hispanics. I 
also want to thank the distinguished chairman of the subcommittee, 
Senator Harkin, as well as the ranking member, Senator Specter, for 
working with Senator Bingaman and myself to achieve significant 
increases in this program in recent years. I have seen first hand how 
much of an impact HSI grants can have to a small, struggling junior or 
community college. It can very often make the difference between being 
able to offer a degree or degree program for the institution's 
students.
  Madam President, I thank and commend the chairman of the subcommittee 
for his and for Senator Specter's always exceptional efforts at 
crafting a bill that makes the difficult choices we must make each 
year, while managing to maintain significant increases in overall 
funding levels for key areas of national need, including education and 
health funding. However, I understand the Senate committee-reported 
bill now on the floor contains a funding level that represents a slight 
increase over the 2001 fiscal year appropriation amount for the Title V 
HSI program, but one that is below the House committee-reported funding 
level of $81.5 million. I further understand it is the chairman's 
intent to recede to this higher House funding level during conference 
proceedings with the House. Is that correct?
  Mr. HARKIN. The senator is correct. I certainly understand and share 
her and Senator Bingaman's commitment to the important Hispanic-serving 
institutions program. These colleges and universities are very 
important to the academic and economic success of Hispanics in our 
nation, and I do intend to seek the higher House funding level in 
conference in order to further expand the ability of these institutions 
to serve their students and their communities.
  Mr. SPECTER. I too, share the chairman's commitment to the higher 
funding level for the Title V program. Considering the need 
demonstrated by Hispanic-serving institutions, their collective 
contribution to their communities and to the nation, as well as the 
effective use to which they put these funds, I believe the funding 
increase is necessary and appropriate.
  Mrs. HUTCHISON. I thank the chairman and ranking member for that 
commitment, as well as my colleague from New Mexico, and I yield the 
floor.
  Mr. BINGAMAN. I, too, thank the chairman, ranking member, and Senator 
Hutchison, and I look forward to continuing to work with all of them 
and others, including the members of our bipartisan Senate Hispanic-
serving Institution Coalition, to continue to grow the ability of this 
program to serve communities across our country. I yield the floor.


                             TRIO Programs

  Mrs. LINCOLN. Madam President, I rise today along with my colleague 
from Maine, Senator Collins, to express support for the TRIO Programs 
that are funded in the Labor-HHS-Education appropriations bill. Before 
I discuss the specifics of these important programs and the legislation 
before the Senate today, I would like to commend Senator Harkin for his 
lifelong commitment to making quality education available to every 
student through TRIO and other federal programs. I am grateful for his 
leadership in this arena. I look forward to working with him in the 
months and years ahead to continue the progress that is represented in 
the bill we are debating today.
  I also thank Senator Specter for his bipartisan approach over many 
years as both chairman and ranking member on this subcommittee. The 
willingness he has demonstrated to work with Members of both parties to 
meet our Nation's most pressing needs in education and health care 
funding is impressive and demonstrates a level of understanding and 
foresight we should all strive to achieve.
  I know there are many vital initiatives funded in this bill and I 
want to briefly highlight one that is particularly important to my 
state of Arkansas. As many of my colleagues know, the TRIO Programs 
were authorized under Title IV of the Higher Education Act of 1965 to 
support our Nation's commitment to providing educational opportunities 
for all Americans. The TRIO programs are designed to help low-income, 
first-generation college students prepare for, enter, and graduate from 
college. While student financial aid programs help students overcome 
financial barriers to higher education, TRIO Programs help students 
overcome class, social and cultural barriers. Considering Arkansas has 
one of the lowest percentages of citizens with a 4-year college degree, 
the 52 TRIO programs currently serving participants in my State provide 
a critical source of encouragement and support to thousands of students 
who might otherwise never receive their college degree.
  To demonstrate our support for these programs, Senator Collins and I 
are leading a campaign in the Senate that would expand the population 
served under these programs from 6 percent to 10 percent of eligible 
students over the next 5 years. As an important step toward this goal, 
we circulated a letter earlier this year that gained the support of 35 
Senators to increase funding for TRIO by $190 million each year over 
the next 5 years.
  Even though the Senate bill did not meet the level of funding we 
requested in our letter, I understand that the chairman and ranking 
member received more than 1,000 requests for funding from Senators this 
year. So I know I speak for all TRIO participants in my State in 
expressing appreciation for the healthy $75 million increase over last 
year's level that is provided for in the Senate bill. This additional 
funding is an important step in the right direction and will expand 
access to TRIO services to thousands of students in my State and 
throughout the Nation.
  As appropriators work to iron out differences between the House and 
Senate versions of this bill in conference, I want to work with the 
chairman and ranking member to fight for the higher level of funding 
included in the Senate bill. Also, I want to encourage the 
appropriations committee to provide an even larger increase for TRIO 
should additional funding be made available in the budget and 
appropriations process this year.
  In closing, I thank Senator Collins for joining me in this effort. It 
has been a pleasure working with her and I look forward to joining 
forces with my colleague from Maine in the future on this and many 
other important initiatives.
  Ms. COLLINS. Madam President, I would like to begin by thanking 
Senator Lincoln for her kind words and for her commitment to TRIO. Just 
as in Arkansas, many of the students in Maine grow up in families that 
have not had experience with higher education. The TRIO programs are 
vital in raising the aspirations of these students. Senator Lincoln has 
consistently fought to raise the aspirations of high school students, 
inspiring kids to strive for their full potential. It has been my 
pleasure to work with her, and I look forward to continued cooperation 
on behalf of TRIO.
  I would also thank Senators Specter and Harkin for their commitment 
to education funding. Under their leadership, the committee has 
produced a Labor-HHS-Education bill that provides a $6.3 billion 
increase in education spending for next year, including substantial 
investments in Reading First, Title I, Pell Grants, and rural 
education. The investments outlined in this bill will build upon the 
progress of

[[Page S11347]]

the last few years and help us ensure that all students have an 
opportunity to achieve.
  Although the bill does not provide the amount we had hoped for to 
fund TRIO, it does appropriate a considerable increase of $75 million, 
which will be very helpful.
  The five TRIO Programs--Educational Opportunity Centers, the Ronald 
E. McNair Post-baccalaureate Achievement Program, Student Support 
Services, Talent Search and Upward Bound--work with young people and 
adults, from the sixth grade through college graduation. Over 1,200 
colleges, universities and agencies offer almost 2,500 TRIO Programs, 
serving over 740,000 students throughout the United States, Puerto 
Rico, and the Pacific Islands. These programs have enjoyed broad-based 
support on both sides of the aisle and in local communities for over 30 
years.
  Father James Nadeau, a native of my hometown in Aroostook County, is 
a graduate of the Bowdoin College Upward Bound program. His story tells 
why the TRIO programs are so important. His parents did not have the 
opportunity to pursue an education beyond the eighth grade. Father 
Jim's participation in Upward Bound changed his life and opened up a 
world of opportunity to him.
  Beginning in 1977, Father Jim spent three summers enrolled in Upward 
Bound and then attended Dartmouth College and studied in France and 
Scotland. Subsequently, he studied for 5 years at the Gregorian 
University in Rome and received two graduate degrees in theology. His 
ministry has spanned from Mother Teresa in Calcutta to school children 
in Portland, Maine and continues to affect lives all over the world. He 
is an excellent role model for the youth of Maine and remains a 
terrific example of the success of the TRIO programs. There are many 
similar stories of TRIO graduates in all professions and walks of life. 
These are stories of successful, educated individuals who were 
introduced by a TRIO program to the endless possibilities that become 
attainable through education.
  Nationally, the current funding level for TRIO only allows 
approximately 6 percent of the eligible population to be served. Many 
students in my own state would not go to college without these 
important federal programs. In Maine, 15 TRIO programs serve 5,509 
young people and adults and I have been very impressed by the impact 
these programs have on aspirations. Many Maine students have told me 
that the TRIO programs gave them the confidence and encouragement they 
needed to succeed in higher education.
  As we complete the appropriations process, I would ask that we place 
a continued emphasis on the important federal responsibility to expand 
access to postsecondary education. It is critical that we reach our 
target of serving at least 10 percent of the eligible population over 
the next 5 years. I urge the chairman and ranking member to continue 
their support of TRIO by protecting the proposed appropriation in 
conference committee. I also ask that TRIO receive an increased 
appropriation, should discretionary funds become available. For 
example, if IDEA is funded with mandatory funds during the ESEA 
reauthorization process, I hope that TRIO will be one of the programs 
that benefits. On a related note, I should point out that Chairman 
Harkin has been a leader in the effort to secure mandatory funding for 
IDEA and I commend his commitment to that crucial issue.
  In closing, the TRIO programs promote opportunity to education and 
the possibility of upward mobility in this Nation, and they must be 
strengthened.
  Mr. HARKIN. I thank my colleagues for their kind words of support. As 
they know, I have fought to increase funding for education programs, 
including TRIO, in the past and I will continue to do so in the future. 
I am well aware of the broad bipartisan support TRIO has in the Senate 
and I can assure my colleagues that I will fight to retain the level of 
funding for TRIO that we included in the Senate bill. Also, should 
additional funding be made available in fiscal year 2002 for education 
programs, I will work with my fellow appropriators to provide 
additional resources for TRIO this year.
  Mr. SPECTER. I too thank my colleagues for their comments. I 
certainly join the chairman in expressing support for the TRIO programs 
and will work in conference to maintain the level of funding contained 
in the Senate bill.


               substance Abuse Treatment for the Homeless

  Ms. COLLINS. Madam President, Senator Reed and I would like to engage 
the distinguished Chairman and Ranking Member of the Appropriations 
Subcommittee on Labor, Health and Human Services, and Education in a 
colloquy on the important issue of substance abuse treatment for the 
homeless. Our goal, which I know the chairman and ranking member share, 
is to ensure that homeless individuals have access to substance abuse 
treatment. While their most apparent need is decent shelter, homeless 
men and women often require treatment for the underlying problem that 
has kept them on the street, which in many cases is drug and alcohol 
abuse. Compounding the problem is the reality that homeless people 
often have difficulty accessing mainstream treatment services. What is 
needed are treatment programs specifically tailored to our homeless 
population.
  Mr. HARKIN. The Senator from Maine is correct. Programs that link 
treatment to other health, housing, social and maintenance services 
often provide the best opportunity for the homeless to adhere to 
treatment programs, and ultimately achieve stability in their lives.
  Ms. COLLINS. I thank the Senator. Last year, Senator Reed and I 
offered an amendment set aside of $10 million in Substance Abuse and 
Mental Health Services Administration (SAMHSA), funds to provide grants 
to assist communities in providing treatment services that will serve 
the needs of their homeless populations. With the help of the 
distinguished Senators from Pennsylvania and Iowa, who have done so 
much through the years to help the homeless, our amendment was adopted. 
This year, we are seeking to ensure that $16 million in SAMHSA funds 
are set aside to serve the needs of homeless individuals. We respect 
the chairman's wishes that SAMHSA earmarks not be made specifically in 
bill language, and, accordingly, we will not offer my amendment on the 
floor. We would ask, however, whether the chairman and ranking member 
will advocate for the $16 million set-aside in the conference report to 
this bill.
  Mr. REED. I share my distinguished colleagues' interest in assuring 
that this issue is addressed. Targeted treatment services for homeless 
populations has been successful in providing the assistance and support 
many homeless need to return to secure and stable lives. I commend the 
chairman and ranking member for their continued support for substance 
abuse and mental health treatment services for the homeless.
  Mr. HARKIN. The Senators from Maine and Rhode Island may be assured 
that I will seek conference language to ensure that $16 million in 
SAMHSA funds are earmarked for substance abuse treatment for the 
homeless, and I congratulate them for their leadership on this 
important issue
  Mr. SPECTER. I, too, would like to assure our good friends from Maine 
and Rhode Island that I will work in conference to support their 
request. I admire the Senators' efforts on behalf of the homeless and 
share their compassion for this group in need.


                     indian employment and training

  Mr. HARKIN. Madam President, the distinguished Senator from Hawaii, 
Mr. Inouye, has submitted language to the committee regarding 
compliance by the Department of Health and Human Services with the 
provisions of the Indian Employment, Training and Related Services 
Demonstration Act, Public Law 102-477. On behalf of my colleague 
Senator Specter and myself, I would ask Senator Inouye to clarify the 
intent of this language.
  Mr. INOUYE. I am informed that HHS has recently released funds to the 
tribes operating their Native Employment Works, NEW, and Temporary 
Assistance for Needy Families, TANF, programs outside the long-standing 
interagency fund transfer mechanism used in the Public Law 102-477 
demonstration. HHS has told the tribes that they must comply with all 
HHS requirements for these programs, without any reference to the 
applicability of the provisions of Public Law 102-477.

[[Page S11348]]

The language is intended to ensure that HHS respect all the provisions 
of Public Law 102-477, including the provisions with respect to the 
single planning, single budgeting and single reporting requirements, 
which apply to all funds under the programs covered by that law. The 
language is also intended to make certain that HHS engages in a 
dialogue with the affected tribes and the Bureau of Indian Affairs, as 
lead agency for 477, and resolves any concerns which it has within the 
framework of inter-Departmental-tribal partnership which is central to 
the Public Law 102-477 demonstration initiative.
  I would also note that there is an existing inter-departmental 
memorandum of understanding between the Departments of Interior, HHS 
and Labor which provides for a mechanism to continue the existing 
practice of transferring funds from HHS and Labor to Interior for 
obligation to the tribes in agreements specifically crafted for the 
Public Law 102-477 demonstration.
  Mr. STEVENS. If I may add to the remarks of my colleague from Hawaii, 
the Alaska Native organizations in my State have been 
disproportionately affected by the unilateral actions recently taken by 
HHS in releasing NEW and TANF funds outside the established Public Law 
102-477 process. Alaska Native groups have made important strides in 
improving and streamlining their employment and related services 
through the Public Law 102-477 demonstration. These organizations face 
the suspension of services to thousands of Alaska Native people because 
of the actions taken by HHS, placing NEW and TANF money outside the 
standard 477 process. To avoid any further damage to the services to 
Native people, particularly those most vulnerable who are in the public 
assistance system, HHS must immediately comply with the requirements in 
Public Law 102-477 and inform the tribes that these requirements, 
including the single reporting requirement, will be honored by the 
Department.
  Mr. HARKIN. On behalf of myself and Senator Specter, I thank the 
Senators from Hawaii and Alaska for this clarification. The committee 
will do everything it can to ensure that HHS participates in the 
innovative inter-Departmental-tribal partnership, consistent with all 
the provisions of Public Law 102-477.


                           HISPANIC PROGRAMS

  Mr. BINGAMAN. Madam President, I take this opportunity to thank 
Chairman Harkin and Senator Specter for including in the managers' 
package an amendment that I sponsored with Senators Daschle, Kennedy, 
Kerry, and Murray related to education programs particularly important 
to Hispanics in my State and to the Hispanic community nationally. This 
amendment will increase funding for Bilingual education programs by 
$100 million, provide an additional $3 million for the High School 
Equivalency Program, $5 million for the College Assistance Migrant 
Program, $58 million for GEARUP, $5 million for dropout prevention, $4 
million for Hispanic Serving Institutions, and $25 million for the 
Migrant Education Program.
  Hispanics are the fastest growing minority group in the United States 
and they are projected to contribute two-thirds to the growth in the 
size of the high-school-age population over the next decade. 
Unfortunately, Hispanic students as a group lag far behind their peers 
on many academic indictors. For example, in 1998 thirty percent of all 
Latino 16-24 year olds were dropouts--1.5 million, more than double the 
dropout rate for Black (14 percent) and more than three times the rate 
for Whites (8 percent). Overall, Hispanic students consistently perform 
below the national average in the National Assessment of Educational 
Progress--NAEP. The latest NAEP results--2000 show that the percentage 
of 4th graders scoring above the proficient level nationwide was 16 
percent for Hispanics and 40 percent for non-Hispanic whites in reading 
and 10 percent for Hispanics and 34 percent for whites in math. 
Disparities begin as early as kindergarten and remain through age 17. 
By age nine, Hispanic students lag behind their non-Hispanic peers in 
reading, mathematics and science proficiency. The increased funding 
included in this amendment will have a tremendous impact on addressing 
these serious gaps.
  I appreciate the efforts made by our chairman, Senator Harkin, on 
this bill overall. Due to his efforts and the efforts of his ranking 
member, Senator Specter, the bill includes significant increases for 
many education programs crucial to the Hispanic students and to all 
children. I want to thank both Senators for helping us to provide 
additional funds for these programs.
  Mr. HARKIN. I appreciate the Senator's efforts on this amendment. I 
strongly support these programs and agree we must make sure Hispanic 
students have the opportunity to succeed. That's why Senator Specter 
and I were pleased to include substantial increases for these programs. 
Unfortunately, because we chose to honor our commitment to stay on 
track to double the funding for NIH, and because we preserved funding 
for renovation which is also important to schools serving Hispanic 
students, we had less to spend on education than our House 
counterparts.
  I am pleased that, by adopting this amendment, we will be able to 
increase HEP by $3 million--a 15 percent increase, CAMP by $5 million--
a 50 percent increase, the HSI program by million for HSIs, $405 
million for Migrant Education, and $600 million for Bilingual 
Education. Our amendment also includes $285 million for GEARUP and $805 
million for TRIO; both programs prepare disadvantaged students to 
pursue and attend postsecondary education.

  Mr. SPECTER. I join my colleagues in supporting this amendment. 
Senator Harkin and I have always tried to work together to make sure 
federal resources are directed toward helping children who otherwise 
might not have access to a high quality education. This amendment 
clearly furthers that objective and I am pleased to accept it as part 
of the managers' package.
  Mr. DASCHLE. I would like to join the Senator from New Mexico in 
thanking the chairman and ranking member for their help on this 
amendment, and for their hard work on this bill. I know they do their 
best to accommodate the myriad requests they have received to fund many 
very worthwhile programs, and to try to address the many crucial 
challenges facing our public education system. I do agree with my 
colleagues that we must make sure that our schools do a much better job 
in serving our growing population of Hispanic children. As the Senator 
from New Mexico has pointed out, too many have not had access to the 
strong schools and well-trained teachers who can help them succeed 
academically for the sake of their own futures and for the benefit of 
our nation as a whole. I would strongly urge the chairman and ranking 
member to do their best to provide further increases for these 
important programs, particularly for bilingual education, migrant 
education, and GEARUP, during the conference on this bill.
  Mr. BINGAMAN. If my colleagues will allow me to discuss this a little 
further, Senator Kennedy and I would like to ask a few more questions. 
It is my understanding that, at the request of Senator Hutchison, the 
Senators have agreed to work with their colleagues in the House during 
conference negotiations to further increase funding for Hispanic 
Serving Institutions to $81.5 million?
  Mr. HARKIN. Yes, the House bill allocates $81.5 million for that 
program and we hope to recede to the House during conference 
negotiations.
  Mr. BINGAMAN. I greatly appreciate this commitment. These are almost 
20 HSIs in my home state and these schools desperately need additional 
funds to assist in the provision of a high quality education to the 
fastest-growing minority population. I yield to my colleague Senator 
Kennedy who has shown tremendous leadership on issues related to 
education generally and has led the fight for improved services for 
disadvantaged students in our country. I thank him for his support.
  Mr. KENNEDY. I commend Senator Bingaman and Senator Daschle for their 
leadership on this amendment. I also commend Senator Harkin and Senator 
Specter for their assistance on the amendment and for their impressive 
work on the entire bill.
  All of the programs supported by this amendment deserve significant 
increases. The Senate bill will include an impressive 34 percent 
increase for Bilingual Education programs, which leverage state and 
local funds for instructional program improvement, and

[[Page S11349]]

help school districts implement curricula that help children with 
limited English proficiency learn English and succeed academically. 
There are more than 4 million LEP students attending our nation's 
schools and the number is increasing. Although the number of such 
students has grown dramatically in the last two decades, funding for 
federal bilingual education has not been increased accordingly. In 
fact, the Congressional Research Service found that funding for 
bilingual education after adjusting for inflation declined by 39 
percent from fiscal year 1980 to fiscal year 1998.

  I understand that our Chair, Senate Harkin, has agreed to work with 
Senate Specter and the other members of the conference on this bill to 
provide further increases for this program during the conference 
negotiations. We hope to secure at least $700 million for the program, 
and more if at all possible. Does the Senator share that goal?
  Mr. HARKIN. Yes, that is our goal.
  Mr. KENNEDY. Also, as our colleagues know, the Senate bill 
reauthorizing the Elementary and Secondary Education Act provided that 
bilingual funds would be allocated under the current competitive 
program structure until the appropriation reaches $700 million. Even 
the authorized trigger of $700 million is not sufficient, however, to 
provide adequate level of support and services for all students with 
limited English proficiency. Over the past decade, the enrollment of 
these children in the nation's schools has grown at a dramatic rate--by 
104 percent since 1989. More than half of all school teachers have LEP 
students in their classroom, and yet only one-third of these teachers 
have received sufficient training to serve these students.
  For these reasons, the Senate passed the Lincoln-Kennedy amendment to 
the Senate version of H.R. 1, placing Title III on a path toward full 
funding over 7 years by authorizing $2.8 billion to adequately serve 
all students. We should work to increase funding for bilingual 
education to at least $700 million for 2002 to provide 1.1 million 
limited English proficient students with good instruction, quality 
programs, and well-qualified teachers. A minimum of $700 million is a 
needed start toward ensuring that schools can provide high quality 
instruction for these students, and the support that teachers need to 
do well to meet this goal.
  Under the funding level included in the Senate bill, we intend the 
funds to be allocated under the current competitive program structure, 
as provided for in the Senate version of H.R. 1.
  Mr. HARKIN. Let me assure the distinguished chairman of the HELP 
Committee that it is our intend to follow the direction of the 
authorizing committee on this point. As I have indicated, it is 
certainly my hope and intention to provide sufficient funds so that, if 
they are distributed under a formula, schools would be able to provide 
meaningful services to these children. I would like to clarify that, 
under the funds provided by this amendment, if we were ultimately 
unable to exceed this level of funding, my intention would be to 
distribute the funds on a competitive basis. We would support 
distributing the funds at this level as follows: $150 million for the 
Emergency Immigrant Education program, $16 for Foreign Language 
Assistance, $300 for the instructional services for limited English 
proficient students subpart 1, $21 million for support services subpart 
2, and $129 million for professional development subpart 3.

  Mr. BINGAMAN. I thank the chairman. A substantial increase for 
bilingual education is particularly important for my home State and 
your willingness to continue to work on increasing funds for this 
program is appreciated. In New Mexico, there are almost 70,000 LEP 
students--over 20 percent of our total student population the national 
average is 7.8 percent and only California has a larger percentage of 
LEP students--24 percent. I should note that this program also is 
essential to our Native American population. For many Native Americans, 
English is a second language. These students need educational programs 
that help preserve their native language while helping them to gain 
greater proficiency in English and to achieve in core academic 
subjects.
  I also am pleased that we will be able to triple funding for the 
dropout prevention program that I sponsored in the Elementary and 
Secondary Education Act. In my home State, the annual Hispanic dropout 
rate was more than twice that of non-Hispanic whites in 1999. This 
program will provide funds to implement proven, research-based dropout 
prevention strategies and will help provide greater national 
coordination in our dropout prevention efforts.
  I again express my thanks to Senators Harkin and Specter for their 
support on this amendment and for their tremendous efforts on this 
bill. I am also grateful to the Majority Leader, Senator Daschle, and 
to Senator Kennedy for their support with respect to this amendment.


                               Education

  Mrs. CLINTON. Madam President, I rise today both to applaud the chair 
and minority ranking member of the Labor-HHS-Education Appropriations 
Committee for supporting needed investments in school construction--
$925 million for States to make emergency renovations and repairs--and 
to raise my concerns about the two amendments currently being debated.
  I applaud the Senators from New Hampshire and Louisiana for focusing 
the education debate on targeting title I funds to the highest poverty 
states and school districts. I, however, cannot support my colleagues' 
amendments.
  Senator Gregg's amendment is a false choice. It takes needed money 
away from school construction, adds these funds to the new funds 
allocated to title I and ensures that they are distributed through the 
targeted formula. I agree that new title I funds should be distributed 
to states and school districts through the title I targeted formula, 
which provides more funding to those States and school districts with 
the highest child poverty rates and highest number of poor school-age 
children. But, we cannot support targeting at the expense of repairing 
our schools in the most urgent need of renovation.
  You may have heard me tell the story of a fourth grade teacher at the 
82-year-old Mechanicville Elementary School, just north of Albany, who 
was struck in the head by concrete from the ceiling as she was teaching 
because the school was in such disrepair. In New York, children are 
attending schools in New York City built 100 years ago, and many 
students in Upstate New York are attending schools that were built 50 
or 60 years ago. As Senator Harkin so simply, yet so aptly, phrased it 
in this debate in opposition to Senator Gregg's amendment: ``It is 
unfair to put poor kids in poor schools.''
  It is imperative that as a body we place a national priority on 
making the most urgent repairs to our school and that we target as much 
of the education funding as possible to our highest-need school 
districts. We cannot choose one over the other. We must do both.
  Senator Landrieu's effort amendment focuses on the second issue: How 
we can best target title I funds to our highest poverty schools? I 
applaud her for her effort to try to both send more money to States 
through the targeted formula and to reward States for their effort and 
equity of targeting funding within States. I cannot support Senator 
Landrieu, however, as it would result in New York State receiving $17 
million less than what is currently in the chairman's mark.
  I would like to take a moment to explain to this body the situation 
that New York schools and school children face in the wake of the 
September 11th terrorist attacks and a suffering economy. It has been 
estimated that as a result of the economic situation in New York the 
State will face a $10 billion shortfall in State revenues over the next 
18 months. In addition, Comptroller Carl McCall has identified $940 
million in potential State and local government costs due to the 
current confluence of negative events. Local governments outside of New 
York City could experience reductions in tax revenues of up to $300 
million. Already, the comptroller lists 36 units of local government 
that are experiencing some level of fiscal distress. It is expected 
that the uncertainty of State assistance and the declining economy will 
only add to the current distress of these communities and will add more 
communities to this list.
  This shortfall and the weakening economy are already adversely 
impacting our largest schools districts. In a

[[Page S11350]]

recent survey conducted by the New York State School Boards 
Association, 31 percent of school districts indicated that they will be 
forced to borrow and incur additional costs if more aid is not 
forthcoming and 70 percent of school districts revealed that they had 
tapped reserve funds that they will need to replenish. In Buffalo, the 
schools have a $28.3 million shortfall, which could mean 400-500 
teachers and other school personnel cut at a time when the district is 
already struggling to find certified teachers to teach students. In New 
York City, the school board is short $400 million; they are already 
cutting afterschool programs and guidance counselors at a time when 
students in the city most need extra attention and assistance. In 
Rochester, they are short $21.7 million; in Yonkers, they are short $57 
million; and, in Syracuse, they are short $8 million. And I could go on 
and on.
  This adverse impact on our schools is happening at a time when we are 
debating an education bill that would put new Federal mandates on 
schools--and, I would argue, needed accountability. But how can we ask 
our schools to incur new costs to implement testing for all students in 
grades 3 through 8? How can we expect our schools to hire only 
certified teachers when they are laying off teachers left and right and 
raising class sizes because they don't have resources to support new 
teachers?
  This appropriations bill begins to make a difference. It invests in 
emergency school repairs and renovations for our schools that are most 
urgently in need of repair; it significantly increase funding for 
teacher quality and teacher recruitment; and it invests an additional 
$1 billion in special education. But it is just not enough.
  I believe that there are three things that we need to do.
  We need to fully fund IDEA. This body passed the Harkin-Hagel 
amendment on ESEA, which would move special education funding to the 
mandatory side and would increase special education funding by $2.5 
billion each year for the next 10 years. Why will this make a 
difference in towns across New York, in the Buffalos and New York 
Cities, but also in the smaller cities and towns from Oswego, to Utica, 
to Massena to Roosevelt? Due to the failure of the Federal Government 
to live up to its promise of funding 40 percent of special education 
funding and the decrease in State shares of special education over 
time, the burden on local communities has increased from 39 to 45 
percent of the share of special education funding.
  If we fully fund IDEA, New York's share of special education funding 
would rise from $430.2 million, which we received in fiscal year 2001, 
to $595.4 million in fiscal year 2002--a $165.2 million increase in the 
first year. This increase would begin to make good on the Federal 
Government's commitment to fully fund IDEA and, most importantly, it 
would help our communities by freeing up local funds for other 
necessary education investments.
  I will fight my heart out to ensure that this amendment is part of 
the final education bill that Congress will consider in the weeks 
ahead.
  We need to better target title I funding. To date, the Congress has 
never appropriated funds through the title I targeted formula. This 
formula provides needed money for States with the highest percentage of 
children in poverty and the highest number of poor school age children. 
New York is a State that would benefit tremendously from distributing 
new title I funds through this formula. In fact, if we distributed all 
title I funds above the fiscal year 2001 level through the targeted 
formula, New York would receive approximately 39 percent more in title 
I funding than it received last year. I will be fighting hard in the 
education conference to ensure that we do more to distribute funds 
through the targeted formula to help those states with the highest 
percentage and highest number of poor school age children.
  And I believe that we need to provide a bail-out for schools across 
the country that are suffering as a result of the September 11 
terrorist attacks and economic downturn. We cannot turn a blind eye to 
our schools and allow them to take the hit of a downturned economy that 
has resulted from the terrorist attacks of September 11th. I will be 
working with my colleagues to develop an education assistance package 
as part of the economic stimulus bill that this body will soon 
consider.
  Mr. HARKIN. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Dodd). Without objection, it is so 
ordered.
  Mr. REID. Mr. President, the Senators from Arizona and California are 
in the Chamber. It is my understanding they wish to introduce some 
legislation.
  Mrs. FEINSTEIN. That is correct.
  Mr. REID. The Senator from Iowa has not completed his work on the 
bill. He is waiting for some things to happen in the next few minutes.
  Can the Senators indicate how much time they want to take?
  Mrs. FEINSTEIN. I say to Senator Reid, thank you very much. We could 
probably do it within 5 to 10 minutes.
  Mr. REID. Mr. President, I ask unanimous consent Senators Kyl and 
Feinstein allowed to speak for up to 6 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from California.
  (The remarks of Mrs. Feinstein, Mr. Kyl, and Ms. Snowe pertaining to 
the introduction of S. 1627 are printed in today's Record under 
``Statements on Introduced Bills and Joint Resolutions.'')
  The PRESIDING OFFICER. The Senator from Iowa.


               Amendments Nos. 2076 through 2087, En Bloc

  Mr. HARKIN. Mr. President, I have a list of managers' amendments that 
has been approved by both sides and which I send to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Iowa [Mr. Harkin] proposes amendments 
     numbered 2076 through 2087, en bloc.

  Mr. HARKIN. Mr. President, I ask unanimous consent that reading of 
the amendments be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments are as follows:


                           amendment no. 2076

    (Purpose: Provide current year funding for the National Skills 
                            Standards Board)

       On page 2, line 19 after ``of such Act;'' insert ``of which 
     $3,500,000 is available for obligation October 1, 2001 until 
     expended for carrying out the National Skills Standards Act 
     of 1994;''.
       On page 2, beginning on line 24, strike out ``, and 
     $3,500,000 shall be for carrying out the National Skills 
     Standards Act of 1994''.
                                  ____



                           amendment no. 2077

              (Purpose: Administrative expenses reduction)

       On page 93, after line 12, insert the following:
       Sec. 521. Amounts made available under this Act for the 
     administrative and related expenses for departmental 
     management for the Department of Labor, the Department of 
     Health and Human Services, and the Department of Education, 
     shall be reduced on a pro rata basis by $98,500,000: 
     Provided, That this provision shall not apply to the Food and 
     Drug Administration and the Indian Health Service: Provided 
     further, That not later than 15 days after the enactment of 
     this Act, the Director of the Office of Management and Budget 
     shall report to the Senate Committee on Appropriations the 
     accounts subject to the pro rata reductions and the amount to 
     be reduced in each account.
                                  ____



                           amendment no. 2078

    (Purpose: Provide for increased funding for automatic external 
  defibrillators in rural communities, offset by administrative cost 
                              reductions)

       On page 22, line 18 after ``Awareness Act,'' strike 
     $5,488,843,000'' and insert in its place ``$5,496,343,000''.
       On page 24, line 8 before the period insert the following 
     ``: Provided further, That of the amount provided for Rural 
     Health Outreach Grants, $12,500,000 shall be available to 
     improve access to automatic external defibrillators in rural 
     communities''.
                                  ____



                           Amendment no. 2079

 (Purpose: To provide additional funding to carry out the Ecstasy Anti-
                       Proliferation Act of 2000)

       On page 34, line 13, strike ``$3,073,456,000'' and insert 
     ``$3,088,456,000: Provided, That $10,000,000 shall be made 
     available to carry out subtitle C of title XXXVI of the 
     Children's Health Act of 2000 (and the amendments made by 
     such subtitle)''.

[[Page S11351]]

     
                                  ____
                           Amendment no. 2080

  (Purpose: To increase the appropriation for the Promoting Safe and 
                        Stable Families program)

       On page 43, line 23, after the period, add the following:
       ``In addition, for such purposes, $70,000,000 to carry out 
     such section.''
                                  ____



                           Amendment no. 2081

  (Purpose: To increase the appropriation for the Close Up Fellowship 
                                Program)

       On page 57, line 24, before the period, add the following: 
     ``: Provided further, That $2,500,000 shall be available to 
     carry out part E of title II, including administrative 
     expenses associated with such part.''
                                  ____



                           Amendment no. 2082

(Purpose: To make funding available under title V of the Public Health 
 Service Act for mental health providers serving public safety workers 
        affected by the terrorist attacks of September 11, 2001)

       On page 34, line 13, before the period insert: ``: Provided 
     further, That $5,000,000 shall be available for mental health 
     providers serving public safety workers affected by disasters 
     of national significance''.
                                  ____



                           amendment no. 2083

   (Purpose: To provide funding for cancer prevention and screening 
 programs under the Radiation Exposure Compensation Act Amendments of 
                                 2000)

       On page 54, between lines 15 and 16, insert the following:
       Sec. 225. For the Health Resources and Services 
     Administration, $5,000,000 for grants for education, 
     prevention, and early detection of radiogenic cancers and 
     diseases under section 417C of the Public Health Service Act 
     (42 U.S.C. 285a-9) (as amended by the Radiation Exposure 
     Compensation Act Amendments of 2000), of which $1,000,000 
     shall be available to enter into a contract with the National 
     Research Council under which the Council shall--
       (1) review the most recent scientific information related 
     to radiation exposure and associated cancers or other 
     diseases;
       (2) make recommendations to--
       (A) reduce the length of radiation exposure requirements 
     for any compensable illnesses under the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note); and
       (B) include additional illnesses, geographic areas, or 
     classes of individuals with the scope of compensation of such 
     Act; and
       (3) not later than June 30, 2003, prepare and submit to the 
     Committee on Appropriations, Committee on Health, Education, 
     Labor, and Pensions, and Committee on the Judiciary of the 
     Senate and the Committee on Appropriations, Committee on 
     Energy and Commerce, and Committee on the Judiciary of the 
     House of Representatives, a report describing the findings 
     made by the Council under paragraphs (1) and (2).
                                  ____



                           amendment no. 2084

     (Purpose: To provide funding for Hispanic education programs)

       On page 40, line 16, strike ``5.9'' and insert ``5.7''.
       On page 54, between lines 15 and 16, insert the following:
       Sec. 522. Effective upon the date of enactment of this Act, 
     $200,000,000 of the amount appropriated under section 
     403(a)(4)(F) of the Social Security Act (42 U.S.C. 
     603(a)(4)(F)) is rescinded.
       On page 54, line 25, strike ``$11,879,900,000, of which 
     $4,104,200,000'' and insert ``$11,912,900,000, of which 
     $4,129,200,000''.
       On page 56, line 25, strike ``$8,717,014,000'' and insert 
     ``$8,723,014,000''.
       On page 57, line 18, strike ``$10,000,000'' and insert 
     ``$15,000,000''.
       On page 58, line 11, strike ``$516,000,000'' and insert 
     ``$616,000,000''.
       On page 64, line 16, strike ``$1,764,223,000'' and insert 
     ``$1,826,223,000''.
                                  ____



                           amendment no. 2085

 (Purpose: To express the sense of the Senate concerning research on, 
    and services for individuals with, post-abortion depression and 
                               psychosis)

       At the appropriate place, insert the following:
       Sec. 226. It is the sense of the Senate that--
       (1) the Secretary of Health and Human Services, acting 
     through the Director of NIH and the Director of the National 
     Institute of Mental Health (in this section referred to as 
     the ``Institute''), should expand and intensify research and 
     related activities of the Institute with respect to post-
     abortion depression and post-abortion psychosis (in this 
     section referred to as ``post-abortion conditions'');
       (2) the Director of the Institute should coordinate the 
     activities of the Director under paragraph (1) with similar 
     activities conducted by the other national research 
     institutes and agencies of the National Institutes of Health 
     to the extent that such Institutes and agencies have 
     responsibilities that are related to post-abortion 
     conditions;
       (3) in carrying out paragraph (1)--
       (A) the Director of the Institute should conduct or support 
     research to expand the understanding of the causes of, and to 
     find a cure for, post-abortion conditions; and
       (B) activities under such paragraph should include 
     conducting and supporting the following:
       (i) basic research concerning the etiology and causes of 
     the conditions;
       (ii) epidemiological studies to address the frequency and 
     natural history of the conditions and the differences among 
     racial and ethnic groups with respect to the conditions;
       (iii) the development of improved diagnostic techniques;
       (iv) clinical research for the development and evaluation 
     of new treatments, including new biological agents; and
       (v) information and education programs for health care 
     professionals and the public; and
       (4)(A) the Director of the Institute should conduct a 
     national longitudinal study to determine the incidence and 
     prevalence of cases of post-abortion conditions, and the 
     symptoms, severity, and duration of such cases, toward the 
     goal of more fully identifying the characteristics of such 
     cases and developing diagnostic techniques; and
       (B) beginning not later than 3 years after the date of the 
     enactment of this Act, and periodically thereafter for the 
     duration of the study under subparagraph (A), the Director of 
     the Institute should prepare and submit to the Congress 
     reports on the findings of the study.
                                  ____



                           amendment no. 2086

  (Purpose: To amend the Public Health Service Act to provide a short 
            title for a children's traumatic stress program)

       At the appropriate place, insert the following:
       Sec. 227. Section 582 of the Public Health Service Act (42 
     U.S.C. 290hh-(f) is amended by adding at the end the 
     following:
       ``(g) Short Title.--This section may be cited as the 
     `Donald J. Cohen National Child Traumatic Stress 
     Initiative'.''.
                                  ____


                           Amendment No. 2087

  (Purpose: To modify the calculation of State expenditures for 
eligible States under title IV of the Higher Education Act of 1965)
       On page 73, between lines 4 and 5, insert the following:
       Sec. 307. The requirement of section 415C(b)(8) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070c-2(b)(8)) shall 
     not apply to a State program during fiscal year 2001 and the 
     State expenditures under the State program for fiscal year 
     2001 shall be disregarded in calculating the maintenance of 
     effort requirement under that section for each of the fiscal 
     years 2002 through 2004, if the State demonstrates, to the 
     satisfaction of the Secretary of Education, that it--
       (1) allocated all of the funds that the State appropriated 
     in fiscal year 2001 for need-based scholarship, grant, and 
     work study assistance to the programs described in subpart 4 
     of part A of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070c et seq.); and
       (2) did not participate in the program described in section 
     415E of the Higher Education Act of 1965 (20 U.S.C. 1070c-3a) 
     in fiscal year 2001.

  The PRESIDING OFFICER. Without objection, the amendments are 
considered en bloc and agreed to.
  The amendments (Nos. 2076 through 2087) were agreed to en bloc.
  Mr. HARKIN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. 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 PRESIDING OFFICER (Mr. Harkin). Without objection, it is so 
ordered.

                          ____________________