[Congressional Record Volume 149, Number 123 (Tuesday, September 9, 2003)]
[Senate]
[Pages S11257-S11259]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1590. Mr. ALLEN (for himself and Mr. Warner) submitted an 
amendment intended to be proposed to amendment SA 1542 proposed by Mr. 
Specter to the bill H.R. 2660, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2004, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title II, insert the following:
       Sec. ____. Effective as if included in the enactment of the 
     Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66, 
     107 Stat. 312), section 1923(g)(1)(A) of the Social Security 
     Act (42 U.S.C. 1396r-4(g)(1)(A)) is amended--
       (1) in the first sentence, by inserting ``(or by a related 
     organization of the hospital treating hospital patients)'' 
     after ``by the hospital''; and
       (2) by striking the second sentence and inserting the 
     following: ``For purposes of this subparagraph--
       ``(i) payments made to a hospital for services provided to 
     indigent patients made by a State or a unit of local 
     government within a State shall not be considered to be a 
     source of third party payment; and
       ``(ii) costs incurred during the year of furnishing 
     hospital services shall include the costs to the hospital or 
     a related organization, including a faculty practice plan 
     that is affiliated with an academic medical center, of 
     physicians' services provided at the hospital.''.
                                 ______
                                 
  SA 1591. Mr. DURBIN (for himself, Mr. Daschle, Mr. Leahy, Mr. 
Bingaman, Mrs. Murray, and Mrs. Feinstein) submitted an amendment 
intended to be proposed to amendment SA 1542 proposed by Mr. Specter to 
the bill H.R. 2660, making appropriations for the Departments of Labor, 
Health and Human Services, and Education, and related agencies for the 
fiscal year ending September 30, 2004, and for other purposes; as 
follows:

       At the appropriate place, insert the following:
       Sec. ____. For necessary expenses to carry out the 
     provisions of the Foreign Assistance Act of 1961 and the 
     United States Leadership Against HIV/AIDS, Tuberculosis, and 
     Malaria Act of 2003 for the prevention, treatment, and 
     control of, and research on HIV/AIDS, in addition to funds 
     appropriated in this Act and under the heading ``Global AIDS 
     Initiative'' in the Foreign Operations, Export Financing, and 
     Related Programs Appropriations Act, 2004, $939,700,000, to 
     remain available until expended: Provided, That funds 
     appropriated under this section that are made available for 
     the Global Fund to Fight AIDS, Tuberculosis, and Malaria 
     shall be made available in accordance with sections 202(d)(1) 
     and 202(d)(4) of the United States Leadership Against HIV/
     AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-
     25): Provided further, That if the President certifies to the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of the House of Representatives that the 
     funds provided under this section can not be effectively used 
     to implement HIV/AIDS prevention or treatment programs or 
     programs that improve health care infrastructure to more 
     effectively deal with the HIV/AIDS pandemic, then the funds 
     provided by this section shall be returned to the Treasury: 
     Provided further, That the amount $6,895,199,000 in section 
     305(a)(1) of this Act shall be deemed to be $7,834,899,000: 
     Provided further, That the amount $6,783,301,000 in section 
     305(a)(2) of this Act shall be deemed to be $5,843,601,000: 
     Provided further, That of the funds appropriated in this Act 
     for the National Institutes of Health, $330,000,000 shall not 
     be available for obligation until September 30, 2004.
                                 ______
                                 
  SA 1592. Mr. REED (for himself, Mrs. Murray, Mr. Durbin, and Ms. 
Cantwell) submitted an amendment intended to be proposed to amendment 
SA 1542 proposed by Mr. Specter to the bill H.R. 2660, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2004, and for other purposes; as follows:

       On page 61, between lines 14 and 15, insert the following:
       Sec. ____. In addition to any amounts otherwise 
     appropriated under this Act to carry out immunization 
     programs under section 317 of the Public Health Service Act 
     (42 U.S.C. 247b), there are appropriated an additional 
     $50,000,000 to carry out such programs: Provided, That such 
     amount shall not be available for obligation until September 
     30, 2004: Provided further, That the amount

[[Page S11258]]

     $6,895,199,000 in section 305(a)(1) of this Act shall be 
     deemed to be $6,945,199,000: Provided further, That the 
     amount $6,783,301,000 in section 305(a)(2) of this Act shall 
     be deemed to be $6,733,301,000.
                                 ______
                                 
  SA 1593. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 1542 proposed by Mr. Specter to the bill H.R. 2660, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2004, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 61, between lines 14 and 15, insert the following:
       Sec. ____. (a) Study.--The Comptroller General of the 
     United States shall conduct a study concerning the long-term 
     impact of competitive outsourcing at the Department of Health 
     and Human Services on both cost savings as well as 
     performance and efficiency. In conducting such study, the 
     Comptroller General shall examine--
       (1) the monetary value of the cost of paying and providing 
     benefits for Federal employees as compared to the cost of 
     contracting out such positions to non-Federal individuals and 
     private entities, including the cost of conducting 
     outsourcing studies, managing contracting out, and monitoring 
     contractor compliance;
       (2) the effects of outsourcing on Federal efficiency, 
     specifically the benefits of a stable, integrated workforce 
     on internal Departmental communications, institutional 
     memory, workforce diversity, consistent application of policy 
     (both internal and external), institutional relations with 
     clients (including hospitals, researchers, nonprofit 
     entities, and the general public), and the ability to recruit 
     and retain the highest levels of expertise within crucial 
     health agencies; and
       (3) performance and accountability in outsourced work 
     compared to work conducted by Federal Government agencies, 
     specifically, whether or not there are adequate measurements 
     in contracts to ensure performance levels, and if there 
     exists a comprehensive means for determining accountability 
     in the carrying out of Federal Government contracts.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the appropriate committees of Congress 
     a report concerning the study conducted under subsection (a).
                                 ______
                                 
  SA 1594. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 1542 proposed by Mr. Specter to the bill H.R. 2660, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2004, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 61, between lines 14 and 15, insert the following:
       Sec. ____. (a) Increase in Funding for Health Professions 
     Programs.--In addition to any amounts otherwise appropriated 
     under this Act for health professions programs and activities 
     under title VII of the Public Health Service Act (42 U.S.C. 
     292 et seq.), there are appropriated an additional 
     $257,000,000 for the Health Resources and Services 
     Administration to fund such programs and activities.
       (b) Offset.--Of the funds appropriated in this Act for the 
     National Institutes of Health, $480,000,000 shall not be 
     available for obligation until September 30, 2004. The amount 
     $6,895,199,000 in section 305(a)(1) of this Act shall be 
     deemed to be $7,152,199,000, and the amount $6,783,301,000 in 
     section 305(a)(2) of this Act shall be deemed to be 
     $6,526,301,000.
                                 ______
                                 
  SA 1595. Mr. REED (for himself, Ms. Collins, Mr. Kennedy, Mr. Leahy, 
Mr. Rockefeller, Mr. Voinovich, Mr. Jeffords, Mr. Kerry, Mr. Lieberman, 
Mr. Schumer, Mr. Corzine, Mr. Sarbanes, Mr. Bingaman, Mrs. Lincoln, Mr. 
Levin, Mr. Harkin, Mrs. Clinton, Mr. Durbin, and Ms. Snowe) submitted 
an amendment intended to be proposed to amendment SA 1542 proposed by 
Mr. Specter to the bill H.R. 2660, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2004, and for 
other purposes; as follows:

       On page 61, between lines 14 and 15, insert the following:
       Sec.____. In addition to any amounts otherwise appropriated 
     under this Act for additional home energy assistance needs of 
     one or more States arising from a natural disaster or other 
     emergency, under section 2602(e) of the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8621(e)), there are 
     appropriated an additional $300,000,000 for such needs: 
     Provided, That of the funds appropriated in this Act for the 
     National Institutes of Health, $264,000,000 shall not be 
     available for obligation until September 30, 2004: Provided 
     further, That the amount $6,895,199,000 in section 305(a)(1) 
     of this Act shall be deemed to be $7,195,199,000: Provided 
     further, That the amount $6,783,301,000 in section 305(a)(2) 
     of this Act shall be deemed to be $6,483,301,000.
                                 ______
                                 
  SA 1596. Mr. REED (for himself, Mr. Kennedy, Mr. Bingaman, Mr. 
Corzine, Mr. Levin, Mr. Lautenberg, Mr. Sarbanes, Mrs. Boxer, Mr. 
Schumer, Mr. Johnson, and Mrs. Feinstein) submitted an amendment 
intended to be proposed to amendment SA 1542 proposed by Mr. Specter to 
the bill H.R. 2660, making appropriations for the Departments of Labor, 
Health and Human Services, and Education, and related agencies for the 
fiscal year ending September 30, 2004, and for other purposes; as 
follows:

       At the end of title III, insert the following:
       Sec. 306. (a) In addition to any amounts otherwise 
     appropriated under this Act, there are appropriated, out of 
     any money in the Treasury not otherwise appropriated--
       (1) an additional $15,081,000 to carry out subpart 4 of 
     part B of title I of the Elementary and Secondary Education 
     Act of 1965;
       (2) an additional $24,100,000 to carry out the Library 
     Services and Technology Act; and
       (3) an additional $5,182,000 to carry out the Museum 
     Services Act.
       (b) Of the funds appropriated in this Act for the National 
     Institutes of Health, $20,000,000 shall not be available for 
     obligation until September 30, 2004.
       (c) The amount $6,895,199,000 in section 305(a)(1) of this 
     Act shall be deemed to be $6,939,562,000, and the amount 
     $6,783,301,000 in section 305(a)(2) of this Act shall be 
     deemed to be $6,738,938,000.
                                 ______
                                 
  SA 1597. Mr. DODD (for himself, Mr. Kennedy, Mrs. Murray, Ms. 
Mikulski, Mr. Daschle, Mr. Reed, Mr. Bingaman, Mr. Lautenberg, Ms. 
Stabenow, Mr. Akaka, Mr. Corzine, Mr. Pryor, Mr. Kerry, Mr. Johnson, 
Mr. Nelson of Florida, Mrs. Clinton, and Mrs. Boxer) proposed an 
amendment to amendment SA 1542 proposed by Mr. Specter to the bill H.R. 
2660, making appropriations for the Departments of Labor, Health and 
Human Services, and Education, and related agencies for the fiscal year 
ending September 30, 2004, and for other purposes; as follows:

       On page 61, between lines 14 and 15, insert the following:
       Sec. ____. (a) Head Start Funding.--In addition to any 
     amounts otherwise appropriated under this Act to carry out 
     programs and activities under the Head Start Act (42 U.S.C. 
     9801 et seq.), there are appropriated an additional 
     $350,000,000 for such programs and activities.
       (b) Offset.--Of the funds appropriated in this Act for the 
     National Institutes of Health, $700,000,000 shall not be 
     available for obligation until September 30, 2004. The amount 
     $6,895,199,000 in section 305(a)(1) of this Act shall be 
     deemed to be $7,245,199,000, and the amount $6,783,301,000 in 
     section 305(a)(2) of this Act shall be deemed to be 
     $6,433,301,000.
                                 ______
                                 
  SA 1598. Mr. SCHUMER (for himself, Ms. Landrieu, Mr. Durbin, Mr. 
Lautenberg, Mrs. Clinton, Mr. Kennedy, Ms. Stabenow, Mr. Bingaman, and 
Ms. Cantwell) proposed an amendment to amendment SA 1542 proposed by 
Mr. Specter to the bill H.R. 2660, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2004, and for 
other purposes; as follows:

       On page 61, between lines 14 and 15, insert the following:
       Sec. ____. In addition to amounts otherwise appropriated 
     under this Act to carry out programs and activities under 
     title XXVI of the Public Health Service Act (42 U.S.C. 300ff-
     11 et seq.), there are appropriated an additional--
       (1) $74,010,000 to carry out part A of such title XXVI (42 
     U.S.C. 300ff-11 et seq.);
       (2) $50,000,000 to carry out part B of such title XXVI (42 
     U.S.C. 300ff-21 et seq.);
       (3) $214,800,000 to carry out State AIDS Drug Assistance 
     Programs under section 2616 of such title XXVI (42 U.S.C. 
     300ff-26);
       (4) $21,130,000 to carry out part C of such title XXVI (42 
     U.S.C. 300ff-51 et seq.);
       (5) $25,450,000 to carry out part D of such title XXVI (42 
     U.S.C. 300ff-71 et seq.);
       (6) $10,450,000 to carry out section 2692(a) of such title 
     XXVI (42 U.S.C. 300ff-111(a)); and
       (7) $5,590,000 to carry out section 2692(b) of such title 
     XXVI (42 U.S.C. 300ff-111(b)).
     Provided, That of the funds appropriated under this Act for 
     the National Institutes of Health, $750,000,000 shall not be 
     available for obligation until September 30, 2004: Provided 
     further, That the amount $6,895,199,000 in section 305(a)(1) 
     of this Act shall be deemed to be $7,296,629,000: Provided 
     further, That the amount $6,783,301,000 in section 305(a)(2) 
     of this Act shall be deemed to be $6,381,871,000.
                                 ______
                                 
  SA 1599. Mr. KENNEDY (for himself, Mr. Bingaman, Mrs. Murray, Mr. 
Lautenberg, and Mr. Akaka) submitted an amendment intended to be 
proposed by him to the bill H.R. 2660, making appropriations for the 
Departments of Labor, Health and Human Services,

[[Page S11259]]

and Education, and for related agencies for the fiscal year ending 
September 30, 2004, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. ____. (a) Health Workforce Diversity Programs.--In 
     addition to amounts otherwise appropriated to enable the 
     Bureau of Health Professions to carry out the programs 
     described in paragraphs (1) through (4), there are 
     appropriated an additional $109,000,000 to the Bureau of 
     Health Professions to support health workforce diversity 
     programs, including--
       (1) Centers of Excellence;
       (2) Health Career Opportunities Programs;
       (3) Disadvantaged Faculty Loan Repayment;
       (4) Scholarships for Disadvantaged Students; and
       (5) Health Professions Education in Health Disparities and 
     Cultural Competency.
       (b) Offset.--Of the funds appropriated in this Act for the 
     National Institutes of Health, $150,000,000 shall not be 
     available for obligation until September 30, 2004. The amount 
     $6,895,199,000 in section 305(a)(1) of this Act shall be 
     deemed to be $7,004,199,000, and the amount $6,783,301,000 in 
     section 305(a)(2) of this Act shall be deemed to be 
     $6,653,301,000.
                                 ______
                                 
  SA 1600. Mr. DeWINE submitted an amendment intended to be proposed to 
amendment SA 1542 proposed by Mr. Specter to the bill H.R. 2660, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and for related agencies for the fiscal year ending 
September 30, 2004, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 61, between lines 14 and 15, insert the following:
       Sec. ____. (a) Mother-to-Child HIV Transmission 
     Prevention.--In addition to any amounts otherwise made 
     available under this Act to carry out mother-to-child HIV 
     transmission prevention activities, there shall be made 
     available an additional $60,000,000 to carry out such 
     activities.
       (b) Reduction in Amounts.--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, the Department of 
     Education, and related agencies shall be reduced on a pro 
     rata basis by $60,000,000.
                                 ______
                                 
  SA 1601. Mr. DeWINE submitted an amendment intended to be proposed to 
amendment SA 1542 proposed by Mr. Specter to the bill H.R. 2660, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and for related agencies for the fiscal year ending 
September 30, 2004, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 61, between lines 14 and 15, insert the following:
       Sec. ____. (a) Mother-to-Child HIV Transmission 
     Prevention.--In addition to any amounts otherwise made 
     available under this Act to carry out mother-to-child HIV 
     transmission prevention activities, there shall be made 
     available an additional $60,000,000 to carry out such 
     activities.
       (b) Reduction in Amounts.--Each amount appropriated under 
     this Act (other than amounts appropriated for mother-to-child 
     HIV transmission prevention activities) that is not required 
     to be appropriated by a provision of law shall be reduced on 
     a pro rata basis by $60,000,000.
                                 ______
                                 
  SA 1602. Mr. CORZINE (for himself, Mrs. Clinton, Mr. Harkin, and Mr. 
Reid) proposed an amendment to amendment SA 1542 proposed by Mr. 
Specter to the bill H.R. 2660, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and for 
related agencies for the fiscal year ending September 30, 2004, and for 
other purposes; as follows:

       At the end of title III add the following:
       Sec. 306. None of the funds provided under this Act shall 
     be used to implement or enforce the annual updates to the 
     allowance for State and other taxes in the tables used in the 
     Federal Needs Analysis Methodology to determine a student's 
     expected family contribution for the award year 2004-2005 
     under part F of title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1087kk et seq.) published in the Federal Register 
     on Friday, May 30, 2003 (68 Fed. Reg. 32473), to the extent 
     that such implementation or enforcement of the updates will 
     reduce the amount of Federal student financial assistance for 
     which a student is eligible: Provided, That of the funds 
     appropriated in this Act for the National Institutes of 
     Health, $200,000,000 shall not be available for obligation 
     until September 30, 2004.
                                 ______
                                 
  SA 1603. Mr. REID proposed an amendment to amendment SA 1542 proposed 
by Mr. Specter to the bill H.R. 2660, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and for 
related agencies for the fiscal year ending September 30, 2004, and for 
other purposes; as follows:

       At the end of title III, insert the following:
       Sec. 306. (a) In addition to any amounts otherwise 
     appropriated under this Act, there are appropriated, out of 
     any money in the Treasury not otherwise appropriated--
       (1) an additional $85,000,000 to carry out title III of the 
     Elementary and Secondary Education Act of 1965 (language 
     instruction);
       (2) an additional $6,449,000 to carry out part A of title V 
     of the Higher Education Act of 1965 (Hispanic-serving 
     institutions);
       (3) an additional $4,587,000 to carry out part C of title I 
     of the Elementary and Secondary Education Act of 1965 
     (migrant education);
       (4) an additional $11,000,000 to carry out high school 
     equivalency program activities under section 418A of the 
     Higher Education Act of 1965 (HEP);
       (5) an additional $1,000,000 to carry out college 
     assistance migrant program activities under section 418A of 
     the Higher Education Act of 1965 (CAMP);
       (6) an additional $12,776,000 to carry out subpart 16 of 
     part D of title V of the Elementary and Secondary Education 
     Act of 1965 (parental assistance and local family information 
     centers); and
       (7) an additional $69,000,000 to carry out migrant and 
     seasonal Head Start programs: Provided, That such sum shall 
     be in addition to funds reserved for migrant, seasonal, and 
     other Head Start programs under section 640(a)(2) of the Head 
     Start Act.
       (b) Of the funds appropriated in this Act for the National 
     Institutes of Health, $146,000,000 shall not be available for 
     obligation until September 30, 2004.
       (c) The amount $6,895,199,000 in section 305(a)(1) of this 
     Act shall be deemed to be $7,085,011,000 and the amount 
     $6,783,301,000 in section 305(a)(2) of this Act shall be 
     deemed to be $6,593,489,000.

                          ____________________