[Congressional Record Volume 149, Number 160 (Thursday, November 6, 2003)]
[Senate]
[Pages S14177-S14180]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DASCHLE (for himself, Mr. Kennedy, Mr. Bingaman, Mr. 
        Akaka, Mrs. Clinton, Mr. Corzine, Mr. Dodd, Mr. Durbin, Mr. 
        Edwards, Mr. Inouye, Mr. Kerry, Mr. Lautenberg, Mr. Lieberman, 
        Ms. Mikulski, Mrs. Murray, and Mr. Schumer):
  S. 1833. A bill to improve the health of minority individuals; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. KENNEDY. Mr. President, 40 years ago, the famous and 
inspirational civil rights activist Fannie Lou Hamer rallied the Nation 
with her statement ``I am sick and tired of being sick and tired.'' Her 
words still resonate with millions of Americans today. Whether we are 
talking about African Americans, Latinos, Asian Americans or American 
Indians, the fact is that minorities continue to live sicker and die 
younger in America. We know that African Americans are one-third more 
likely than all other Americans to die from cancer. They have the 
highest rate of hypertension in the world. Latinos have the least 
insurance, with one in three having no coverage at all. American Indian 
tribes struggle with what can only be called epidemics of diabetes, 
with rates near 50 percent in certain tribes. The tremendous gains that 
we have witnessed in science and medicine have benefited millions of 
our citizens, but too often they are out of reach for minorities.
  It is a privilege to join my colleagues to introduce the Healthcare 
Equality and Accountability Act. Our goal is to produce major 
improvements in all aspects of minority health care. It expands health 
insurance coverage. It supports better access to services that are 
culturally and linguistically appropriate. It strengthens the safety-
net. It promotes the development of new and better ways to treat 
diseases that disproportionately affect minorities.
  It also increases the diversity of the health care workforce. Many 
studies show that minority health professionals dramatically increase 
access to care and the delivery of good care to

[[Page S14178]]

minority patients. Despite their importance, however, the percentage of 
minority health professionals is shockingly low. African Americans, 
Latinos and American Indians account for almost 25 percent of the 
Nation's population--but they account for less than 10 percent of the 
Nation's doctors, less than 5 percent of dentists, and only 12 percent 
of nurses.
  Our bill will increase the number of minority health professionals by 
expanding existing pipeline programs and developing new ones. It also 
provides additional scholarship support to enable more minority and 
low-income students to make their careers in health care.
  Another critical need addressed by this bill is accountability. It 
holds health care agencies and institutions, public and private, 
accountable for the care delivered to their minority populations as 
well as their health outcomes. It reauthorizes the Office of Minority 
Health, increases the effectiveness of the Office for Civil Rights and 
establishes a new Office for Health Disparities within the Office for 
Civil Rights. It also establishes compliance offices in each of the 
Federal agencies, to ensure that the policies, programs and practices 
of each agency are in compliance with title VI of the Civil Rights Act, 
which prohibits discrimination based on race, ethnicity or national 
origin.
  We can't just talk about racial and ethnic health disparities. We 
have to do more to eliminate them. All Americans deserve fair and 
equitable treatment in health care. The administration has said time 
and time again that it is committed to improving minority health. But, 
the President's own budget eliminated all funds for workforce diversity 
training programs, and all funds for the Community Access Program, 
despite the overwhelming evidence that minority health providers and 
community health centers dramatically improve access to care and 
quality of care for minority populations. The President's budget also 
reduced funds for the Office of Minority Health, and it has made the 
Office for Civil Rights virtually powerless to carry out its mission.
  Vast numbers of minority Americans are needlessly suffering because 
of administration's neglect. We cannot turn our back on the needs of 
nearly one-third of the Nation's population. Whether we are talking 
about health insurance, language access, disease prevention, or public 
hospitals and community health centers, the need is great and the time 
is now. I urge my colleagues to support this bill, so that we do what 
is so clearly needed to improve the health and health care for millions 
of minority Americans.
                                 ______
                                 
      By Ms. STABENOW:
  S. 1834. A bill to waive time limitations in order to allow the Medal 
of Honor to be awarded to Gary Lee McKiddy, of Miamisburg, Ohio, for 
acts of valor while a helicopter crew chief and door gunner with the 
1st Cavalry Division during the Vietnam War; to the Committee on Armed 
Services.
   Ms. STABENOW. Mr. President, today I rise to introduce a bill that 
would waive rigid time limitations in order to allow the Medal of Honor 
to be awarded to Gary Lee McKiddy, of Miamisburg, OH, for acts of valor 
while a helicopter crew chief and door gunner with the 1st Cavalry 
Division during the Vietnam War. There is a companion bill in the House 
of Representatives, H.R. 369, which was introduced by Representative 
Sander Levin and is cosponsored by a bipartisan group of forty-three 
Members of Congress.
   I think it is important that my colleagues hear the heroic story of 
Sergeant Gary Lee McKiddy. Sergeant McKiddy served with the 1st Cavalry 
Division in Vietnam. He was a helicopter crew chief and a door gunner. 
On May 6, 1970, Sergeant McKiddy's helicopter came under enemy fire and 
received several damaging blows, causing the helicopter to crash and 
start burning. Through investigations, the Army arrived at the 
conclusion that Sergeant McKiddy was thrown free of the helicopter and 
was out of harm's way, but bravely returned to the burning helicopter 
and found Specialist Four James Skaggs, who was unconscious, and 
carried him to safety. Sergeant McKiddy then returned to the wreckage 
to help rescue the pilot, Warrant Officer Tommy Whiddon, when the 
aircraft's fuel cells exploded, killing Warrant Officer Whiddon and 
Sergeant McKiddy.
   I think we all can agree that this is an incredible story of 
bravery, honor, and selflessness. Specialist Four Skaggs wrote in a 
letter, ``Gary McKiddy was awarded the Silver Star for these acts of 
heroism but not the Medal of Honor because there were no witnesses. I 
don't understand how he could be awarded the Silver Star based on this 
information but no the Medal of Honor. There has never been any doubt 
in my mind about what happened that day. I am totally convinced Gary 
McKiddy earned and deserves the Medal of Honor.''
   Sergeant McKiddy's brother, Rick, lives in Warren, MI. Rick McKiddy, 
other family members, and Specialist Four Skaggs have been fighting for 
Sergeant McKiddy's Medal of Honor for 20 years to no avail. They've 
contacted countless persons at the Pentagon and have taken their case 
to anyone who will listen. They've exhausted their resources. I think 
that Sergeant McKiddy deserves a second chance. It is time for Congress 
to act.
   As we all know, the Medal of Honor is defined as ``the highest award 
for valor in action against an enemy force which can be bestowed upon 
an individual serving in the Armed Services of the United States.'' 
Unfortunately, the time limit for the application for the Medal of 
Honor ran out before an application was submitted on Sergeant McKiddy's 
behalf. The bill that I am introducing today waives the time limit on 
the application and requests that the President award Sergeant McKiddy 
the Medal of Honor.
   With Veteran's Day quickly approaching, I think this is a very 
fitting way to honor not only Sergeant McKiddy, but all of those men 
and women who have given their lives for our country.
   I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1834

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AUTHORITY TO AWARD MEDAL OF HONOR TO GARY LEE 
                   MCKIDDY FOR VALOR DURING THE VIETNAM WAR.

       (a) Waiver of Time Limitations.--Notwithstanding the time 
     limitations in section 3744(b) of title 10, United States 
     Code, or any other time limitation, the President is 
     authorized and requested to award the Medal of Honor under 
     section 3741 of such title to Gary Lee McKiddy, of 
     Miamisburg, Ohio, for the acts of valor referred to in 
     subsection (b).
       (b) Action Described.--The acts of valor referred to in 
     subsection (a) are the conspicuous acts of gallantry and 
     intrepidity at the risk of his life and beyond the call of 
     duty of Gary Lee McKiddy, between October 25, 1969, and May 
     6, 1970, and particularly on May 6, 1970, the day he died 
     during a combat operation in Cambodia while serving as a 
     Specialist Four in the 1st Cavalry Division of the United 
     States Army.
       (c) Posthumous Award.--The Medal of Honor may be awarded 
     under this section posthumously as provided in section 3752 
     of title 10, United States Code.
                                 ______
                                 
      By Mr. HATCH (for himself and Mr. Leahy):
  S. 1835. A bill to extend the effective period of the Undetectable 
Firearms Act of 1988 (18 U.S.C. 922 note) for 10 years; to the 
Committee on the Judiciary.
  Mr. HATCH. Mr. President, I rise today to introduce, along with my 
colleague Senator Patrick Leahy, and Ranking Democrat Member of the 
Judiciary Committee, legislation to reauthorize the Undetectable 
Firearms Act. I want to thank Senator Leahy for joining with me in 
introducing this bill and for his cooperation in working together on 
this important issue.
  This reauthorization will extend the existing ban on the manufacture, 
sale, importation, shipping, possession, transfer, or receipt of 
firearms that could not be detected by a metal detector or x-ray 
machine. Everyone in this Chamber knows how deeply I care for the 
Second Amendment and the individual's right to own and bear arms. I 
want everyone to understand that this ban does not ban a single firearm 
in production today. It prevents any individual or company from 
creating an undetectable firearm.
  I urge my colleagues to support the measure.
  Mr. LEAHY. Mr. President, I am pleased to join with Senator Hatch to

[[Page S14179]]

introduce legislation to extend the Undetectable Firearms Act for ten 
years. I appreciate working with the Chairman of the Judiciary 
Committee and thank him for his leadership on this legislation.
  The Undetectable Firearms Act became law in 1988, long before the 
tragic attacks on our country on September 11, 2001. The Undetectable 
Firearms Act also known as the ``plastic gun law'' made it illegal to 
manufacture, import, possess, or transfer a firearm that is not 
detectable by walk-through metal detectors or airport x-ray machines. 
This law has been extended once, and is due to expire on December 10, 
2003.
  It is critical that this bill does not expire at the end of this 
year. Over the past two years, Congress has done tremendous work to 
make America a safer place and prevent any more terrorist attacks. We 
need to act today to ensure that Americans are not needlessly 
vulnerable to attacks at airports, schools, and other public buildings.
  I urge all my colleagues to support this legislation to extend the 
Undetectable Firearms Act for the next ten years.
                                 ______
                                 
      By Mr. GRASSLEY:
  S. 1837. A bill to combat money laundering and terrorist financing 
and for other purposes; to the Committee on the Judiciary.
  Mr. GRASSLEY. Mr. President, I rise to speak in support of a bill 
that I am introducing today, the Combating Money Laundering and 
Terrorist Financing Act of 2003.
  Money laundering is a significant threat to our country because it 
undermines our national security, promotes corruption and funds 
terrorism. Money laundering operations as a whole include such 
mechanisms as structured transactions, wire fraud, over- and under-
invoicing, and other activities designed to defraud and hide profits 
from illegal activities. All of these transactions undermine legitimate 
financial institutions by promoting corruption, funding criminal and 
terrorist operations, and by providing a method of profiting from 
illegal transactions such as drug trafficking and weapons sales.
  We know that money laundering is the functional equivalent of a war 
industry for terrorist groups. Terrorist groups do not function in a 
bubble but will use whatever means available to obtain funding for 
their cause. Our attention and rhetoric are focused on identifying and 
halting those mechanisms used specifically by terrorist organizations 
such as charitable organizations, money service businesses and 
alternative remittance systems which are often referred to as hawalas. 
Frankly, the tools used to launder and disguise funds for terrorist 
organizations are similar, and quite often identical to, those used by 
many drug traffickers and criminal organizations to clean their own 
dirty money.
  No matter how the funds are obtained and ultimately used, they are 
still dirty, and if we are ever going to get ahead of the curve, we 
must design a better way to identify and halt this flow of illegal 
funds. The bill I am introducing today includes several provisions that 
will strengthen our current money laundering and terrorist financing 
laws to enhance our ability to identify and eliminate various avenues 
used to launder money, whether it be for drug traffickers, criminal 
organizations or terrorists.
  This bill adds several provisions to the list of specified unlawful 
activities within the RICO statute that serve as predicates for the 
money laundering statute including: burglary and embezzlement, illegal 
money transmitting businesses, alien smuggling, child exploitation and 
obscenity. It would close a loophole on securities fraud by including 
the purchase of securities with the sale of securities as a money 
laundering offense, and adds the unlawful use of Social Security 
numbers to the list of money laundering offenses.
  It adds a provision to the civil forfeiture statute to include the 
forfeiture of property outside the U.S. territorial boundaries if it 
was used in the planning of the terrorist act that occurred within the 
jurisdiction of the United States and includes a parallel transaction 
provision which provides that all parts of a parallel or dependent 
financial transaction are considered a money laundering offense if one 
part of that transaction involves the proceeds of an unlawful activity.
  Our best response to money laundering and terrorist financing threats 
is a comprehensive and coordinated response which must be laid out in 
an effective strategy. This bill also reauthorizes the National Money 
Laundering and Financial Crimes Strategy Act through 2006. This yearly 
strategy must identify the risks and threats we face. Without a 
comprehensive strategy, we cannot begin to implement laws and 
regulations that will effectively combat money laundering sources and 
shut down the system as a whole. Only when we have a systematic 
approach to money laundering will we be able to avoid the duplication 
and inconsistencies that currently plague our efforts.
  This legislation is important to identifying particular money 
laundering operations and putting them out of business. I encourage you 
to pass this legislation to ensure our national security against the 
continued threat posed by terrorist financing and financial crimes.
                                 ______
                                 
      By Mr. DASCHLE (for Mr. Kerry):
  S. 1838. A bill to require payments to State and local governments 
for infrastructure and social services needs in the same amount as the 
amount of relief and reconstruction funds provided to Iraq; to the 
Committee on Finance.
  (At the request of Mr. Daschle, the following statement was ordered 
to be printed in the Record.)
 Mr. KERRY. Mr. President, rebuilding Iraq is critical to peace 
and stability in the Mideast and to help win the war on terrorism. 
Today, American families and American cities are also hurting and I 
believe they deserve the same assistance we are providing for families 
and cities in Iraq. While keeping our commitments abroad, we must not 
neglect our homeland.
  Today, President Bush signed into law an $87 billion supplemental 
appropriations bill that includes $20.3 billion for reconstructing Iraq 
and to assist Iraqi families. I opposed this legislation because I do 
not believe this plan is the most effective way to protect American 
soldiers and to advance our interests. Providing assistance to help 
rebuild Iraq is the right thing to do; however, we must also provide 
equal consideration and equal funding to resolve America's domestic 
problems. That is why I am introducing the American Parity Act to 
ensure that any additional spending for Iraq's postwar reconstruction 
plan is balanced dollar-for-dollar with new investments in education, 
health care, transportation, housing, social services and public safety 
needs across the United States.
  President Bush's economic approach has left State and city 
governments facing billions in budget deficits forced lay offs, 
education cuts, Medicaid cuts, reductions in critical social service 
programs and tax increases.
  State and city governments need our help to protect their public 
services, rebuild America's roads and bridges, and ensure resources are 
available to help unemployed and impoverished Americans. My legislation 
will authorize payments to States and cities to assist them with their 
social service and infrastructure needs in the same amount as provided 
for relief and reconstruction in Iraq. Local governments will receive 
at least one-third of the total funds authorized.
  These funds will be used to help America's children, seniors, and 
struggling families who depend upon affordable health care, quality 
education and public transportation programs that are facing massive 
cuts in order to balance state and local budgets across the Nation. 
These funds will assist in the development of our economy and create 
jobs.
  Health insurance has become too expensive. Double-digit increases in 
health care premiums make it hard for Americans and businesses alike to 
afford health care. Today, more than 44 million Americans have no 
health insurance. More than ever, these Americans need access to 
Medicaid and other health care programs that help with the high cost of 
prescription drugs. However, many of these programs are endangered by 
state and local budget cuts. The American Parity Act will help State 
and local governments continue to provide health care assistance.

[[Page S14180]]

  In our changing global economy, every American needs access to 
quality schools and advanced skills to succeed in our rapidly changing 
economy. In order for our American business to grow, we need workers to 
be more innovative and more productive than those of our competitors. 
My legislation will help cities provide additional resources to improve 
educational programs, modernize and rebuild crumbling schools, reduce 
class size, improve special education and help pay teachers.
  Our Nation is facing an affordable housing crisis. Recent changes in 
the housing market have limited the availability of affordable rental 
housing across the country and have dramatically increased the cost of 
those that remain. In 2001, more than 14 million families spent over 
half of their income on housing. This bill will provide funding so that 
states and cities produce housing for working families.
  We must show the same commitment to rebuilding Main Street as we have 
shown in rebuilding Iraq. American citizens deserve access to the same 
benefits and services we are so nobly providing to the people of Iraq. 
The American Parity Act will help States and cities cope with their 
current fiscal crisis and help ease potential cuts in programs critical 
to the most vulnerable in our Nation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was order to be printed in the 
Record, as follows:

                                S. 1838

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       The Congress finds the following:
       (1) The President has proposed a multibillion dollar 
     reconstruction project for Iraq.
       (2) The President's plan includes resources to rebuild 
     potable water and wastewater treatment facilities; schools 
     and health facilities; ports and airports; the electric power 
     system, roads, and bridges; railroad infrastructure; solid 
     waste management services; irrigation systems; and selected 
     local government buildings.
       (3) State and local governments in the United States have 
     their own unmet infrastructure and social services needs.
       (4) State and local governments represent a significant 
     segment of the national economy whose economic health is 
     essential to national economic prosperity.
       (5) Present national economic problems have imposed 
     considerable hardships on State and local government budgets.
       (6) Those governments, because of their own fiscal 
     difficulties, are being forced to take budget-related actions 
     which tend to undermine Federal Government efforts to 
     stimulate the economy.
       (7) Efforts to stimulate the economy through reductions in 
     Federal Government tax obligations or increased spending on 
     Federal programs are weakened when State and local 
     governments are forced to increase taxes or cut spending.
       (8) Efforts by the Federal Government to stimulate the 
     economic recovery will be substantially enhanced by a program 
     of emergency Federal Government assistance to State and local 
     governments to help prevent those governments from taking 
     budget-related actions which undermine the Federal Government 
     efforts to stimulate economic recovery.
       (9) State and local governments deserve, at a minimum, the 
     same level of Federal investment to address infrastructure 
     and social services shortfalls as the amount of relief and 
     reconstruction funds provided to Iraq.

     SEC. 2. FINANCIAL ASSISTANCE AUTHORIZED.

       (a) Payments to State and Local Governments.--The Secretary 
     of the Treasury shall, in accordance with the provisions of 
     this Act, make payments to States and local governments to 
     coordinate budget-related actions by such governments with 
     Federal Government efforts to stimulate economic recovery.
       (b) Authorization of Appropriation.--There is authorized to 
     be appropriated to the Secretary of the Treasury for fiscal 
     year 2003 for payments under this Act an amount equal to at 
     least the total amount appropriated for fiscal year 2003 
     under the heading ``Iraq Relief and Reconstruction Fund'' in 
     the Emergency Wartime Supplemental Appropriations Act, 2003, 
     and any amounts appropriated for such Fund in any subsequent 
     appropriation Act. Such amounts shall be in addition to, and 
     not in lieu of, other amounts appropriated for payments to 
     States and local governments.
       (c) Availability to Local Governments.--Not less than one-
     third of the amount appropriated pursuant to the 
     authorization in subsection (b) shall be made available to 
     local governments under the applicable laws of a given State.

     SEC. 3. ALLOCATION.

       The Secretary of the Treasury shall establish a formula, 
     within 30 days after the date of the enactment of this Act, 
     for determining the allocation of payments under this Act. 
     The formula shall give priority weight to the following 
     factors:
       (1) The unemployment rate in relation to the national 
     average unemployment rate.
       (2) The duration of the unemployment rate above such 
     average.
       (3) Median income.
       (4) Population.
       (5) The poverty rate.

     SEC. 4. USE OF FUNDS BY STATE AND LOCAL GOVERNMENTS.

       (a) In General.--Funds received under this Act may be used 
     only for priority expenditures. For purposes of this Act, the 
     term ``priority expenditures'' means only--
       (1) ordinary and necessary maintenance and operating 
     expenses for--
       (A) primary, secondary, or higher education, including 
     school building renovation;
       (B) public safety;
       (C) public health, including hospitals and public health 
     laboratories;
       (D) social services for the disadvantaged or aged;
       (E) roads, transportation, and water infrastructure; and
       (F) housing; and
       (2) ordinary and necessary capital expenditures authorized 
     by law.
       (b) Certifications by State and Local Governments.--The 
     Secretary of the Treasury may accept a certification by the 
     chief executive officer of a State or local government that 
     the State or local government has used the funds received by 
     it under this Act only for priority expenditures, unless the 
     Secretary determines that such certification is not 
     sufficiently reliable to enable the Secretary to carry out 
     this Act. The Secretary shall prescribe by rule the time and 
     manner in which the certification must be filed.

                          ____________________