[Congressional Record Volume 150, Number 92 (Wednesday, July 7, 2004)]
[Senate]
[Pages S7751-S7755]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. BOXER (for herself, Mr. Smith, Mr. Chafee, and Mr. 
        Feingold):
  S. 2611. A bill to amend the Foreign Assistance Act of 1961 to 
provide assistance for orphans and other vulnerable children in 
developing countries; to the Committee on Foreign Relations.
  Mrs. BOXER. Mr. President, today I join Senators Smith, Chafee and 
Feingold in introducing legislation aimed at helping the 110 million 
orphans in the world. This legislation is a companion measure to 
Congresswoman Lee's bill that unanimously passed the House of 
Representatives last month.
  Current estimates suggest that by 2010, there will be more than 25 
million orphans worldwide as the result of the HIV-AIDS pandemic. We 
must do more to provide hope for these children. This legislation is an 
important step forward.
  Our bill would authorize the President to provide assistance to 
orphans and other vulnerable children in developing countries. Specific 
authorization is provided in the areas of basic care, HIV-AIDS 
treatment, school food programs, protection of inheritance rights, and 
education and employment training assistance.
  The legislation also calls on the President to use U.S. foreign 
assistance to support programs that eliminate school fees. Throughout 
the world, many orphans are prevented from attending school because 
they cannot afford to pay for school or are forced to financially 
support their families or care for sick relatives.
  Finally, the bill would establish an Office for Orphans and Other 
Vulnerable Children within USAID and a monitoring system that will 
ensure that U.S. assistance is effective. Right now, there is no office 
or individual within the Agency with responsibility for the overall 
oversight or implementation of programs for orphans and vulnerable 
children.
  I look forward to working with Congresswoman Lee and the Chairman of 
the Foreign Relations Committee, Senator Lugar, in passing legislation 
to address the tragic issue of AIDS orphans throughout the world.
  I ask unanimous consent that a letter in support of this bill signed 
by the Global Action for Children be printed in the Record.
   There being no objection, the letter was ordered to be printed in 
the Record, as follows:

                       Global Action for Children

        Dear Senators Boxer and Chafee: We welcome your leadership 
     on the issue of orphans and vulnerable children. As of 2001, 
     an estimated 100 million children were orphans throughout 
     Sub-Saharan Africa, Asia, Latin America and the Caribbean. 
     The AIDS epidemic is rapidly accelerating the orphan crisis 
     and leaving a generation of children without hope. As 
     millions of parents are dying from AIDS, the children they 
     leave behind are often left without any adult to look after 
     their basic needs and survival.
        Your bill expands the capacity of communities to take care 
     of the basic needs of orphans and dramatically expands 
     educational opportunities for orphans. The bill creates a 
     mechanism to eliminate the school fees that prevent so many 
     orphans from ever going to school. School fees also 
     discourage families from adopting orphans because of the 
     major financial burden posed by such fees.
        The legislation you are introducing also provides new hope 
     to orphans and vulnerable children living with HIV and AIDS. 
     Each year, 700,000 babies are infected with HIV and most of 
     these children will become orphans. The legislation provides 
     a focus on treatment of these children in order to promote 
     healthy development and normal growth.
        Your bill also builds in monitoring and evaluation 
     criteria and improved coordination, including a new office of 
     orphans and vulnerable children, to ensure that funds for 
     orphans will be used most effectively. As we ramp up our 
     response to the orphans' crisis, new structures to ensure 
     effective coordination are essential to meeting the needs of 
     these orphans.
        We welcome the Boxer-Chafee legislation as an essential 
     companion to the comprehensive legislation that has already 
     passed the House of Representatives.

             Global Action for Children--Leadership Council

        AFXB.
        Center for Health and Gender Equity (CHANGE).
        Episcopal Church, USA.
        Global Justice.
        Keep A Child Alive.
        Progressive National Baptist Convention.
        RESULTS.
        Student Campaign for Child Survival.
        American Jewish World Service.
        church World Service.
        Global AIDS Alliance.
        Hope for African Children Initiative.
        Pan-African Children's Fund.
        Religions Action Center of Reform Judaism.
        Student Global AIDS Campaign.
        United Methodist Church, General Board of Church and 
     Society.
                                 ______
                                 
      By Ms. MIKULSKI (for herself and Mr. Sarbanes):
  S. 2612. A bill to amend the Law Enforcement Pay Equity Act of 2000 
to permit certain annuitants of the retirement programs of the United 
States Park Police and United States Secret Service Uniformed Division 
to receive the adjustments in pension benefits to which such annuitants 
would otherwise be entitled as a result of the conversion of members of 
the United States Park Police and United States Secret Service 
Uniformed Division to a new salary schedule under the amendments made 
by such Act; to the Committee on Governmental Affairs.
  Ms. MIKULSKI. Mr. President, I rise today to introduce the Federal 
Law Enforcement Pay Adjustment Equity Act. This legislation amends the 
Law Enforcement Pay Equity Act of 2000 to allow retired police officers 
of the United States Secret Service Uniformed Division and the United 
States Park Police to receive the same Cost of Living Adjustment as 
active officers.
  For almost 80 years, Secret Service and Park Police retirees were 
assured an increase in their pensions whenever their active 
counterparts received an increase by the ``equalization clause'' in the 
District of Columbia Police and Firearms Salary Act of 1958. When the 
Law Enforcement Pay Equity Act passed in 2000, the automatic link that 
ensured retirees of getting the same COLA as active officers was 
severed. This bill would restore that link, guaranteeing that the 
pension for these retired Federal police officers keeps up with the 
cost of living.
  The Law Enforcement Pay Equity Act created a sharp inequality in 
retirement benefits for a small number of

[[Page S7752]]

retirees--600 Secret Service retirees and 470 Park Police retirees, 
roughly eleven hundred in total. They gave years of loyal service, 
often in difficult and life-threatening situations. They are the only 
Federal retirees who had existing retirement benefits scaled back.
  Providing for government retirees and their families has always been 
an important function of the Federal Government. There is no reason why 
the government should go back on its word to provide this small group 
of valuable employees with secure retirement benefits. Restoring the 
COLA to the pensions of 1,100 Federal retirees will have a minimal 
impact on the Federal budget, but a major impact on the quality of life 
of the people involved.
  When it comes to Federal employees, I believe that promises made 
should be promises kept. These former Secret Service and Park Police 
officers planned for their retirement with the understanding that their 
pension would be enough to live on, even as the cost of living 
increased. They deserve the retirement benefits they were promised when 
they signed up for service.
  I urge my colleagues to join me in expressing support for this bill 
to restore promised retirement benefits to retired officers of the 
United States Secret Service Uniformed Division and the United States 
Park Police. 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. 2612

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Law Enforcement 
     Pension Adjustment Equity Act of 2004''.

     SEC. 2. PERMITTING ADJUSTMENT IN PENSION BENEFITS FOR UNITED 
                   STATES PARK POLICE AND UNITED STATES SECRET 
                   SERVICE UNIFORMED DIVISION ANNUITANTS.

       (a) In General.--Section 905 of the Law Enforcement Pay 
     Equity Act of 2000 (sec. 5-561.02, D.C. Official Code) is 
     amended by striking subsection (f).
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of the Law 
     Enforcement Pay Equity Act of 2000.
                                 ______
                                 
      By Mr. HAGEL (for himself and Mr. Durbin):
  S. 2613. A bill to amend the Public Health Service Act to establish a 
scholarship and loan repayment program for public health preparedness 
workforce development to eliminate critical public health preparedness 
workforce shortages in Federal, State, and local public health 
agencies; to the Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, today I am introducing, along with my 
colleague Senator Hagel, legislation that will help to address the 
severe workforce shortages within public health agencies throughout the 
United States. This bill, known as the Public Health Preparedness 
Workforce Development Act of 2004, provides financial help to both full 
and part-time students who are interested in pursuing a career in 
public health at Federal, State and local public health agencies.
  Our Nation faces myriad public health threats and challenges, ranging 
from emerging diseases such as West Nile virus and SARS to the special 
needs of an aging population, from bio-terrorism to obesity, tobacco 
use and environmental hazards. The ability of the public health system 
to prevent, respond to, and recover from these challenges depends on 
adequate numbers of well-trained public health professionals in 
Federal, State, and local public health departments.
  However, our public health system has an aging staff nearing 
retirement and there are not enough students graduating with training 
in public health disciplines to provide a consistent source of skilled 
employees to fill the void. The average age of the public health 
workforce is 47, 7 years older than the average age of the Nation's 
workforce. The ratio of public health workers to overall population has 
dropped from 219/100,000 in 1980 to 158/100,000 in 2000. There are 
already shortages of public health nurses, epidemiologists, 
environmental health workers, health educators and other public health 
professionals at Federal, State and local public health agencies. In my 
home State of Illinois, the Illinois Department of Public Health 
estimates that they are in need of at least 15 epidemiologists and are 
having trouble filling those positions.
  Further evidence suggests that as much as 50 percent of the current 
public health workforce at the State level will be retiring in the next 
5 years. Losing so many experienced public health workers at a time 
when the public health workforce should be expanding to meet increased 
needs presents a clear argument in favor of encouraging more students 
to enter the many academic fields related to public health such as 
epidemiology, health education, nursing and environmental health.
  To continue to improve the health of our people, we must have a well-
trained and dedicated public health workforce. But developing and 
maintaining the necessary human capital is already a challenge and 
promises to continue to be a challenge in the future. Our bill would 
help alleviate this dangerous shortfall of public health professionals 
by providing scholarships or loan repayments for full and part-time 
students in public health and for workers with previous public health 
training who agree to serve at the Federal, State and local level.
  The scholarship program will provide scholarships to eligible 
graduate, undergraduate and community college students to pursue a 
course of study to prepare to serve in the public health workforce.
  The loan repayment program is designed to help pay for education 
loans incurred by individuals currently employed or about to be 
employed in a Federal, State or local public health agency.
  The grants for the loan repayment program to political jurisdictions 
at the State and local level will provide funds to the appropriate 
agencies to operate the loan repayment program.
  The bill is supported by the Association of State and Territorial 
Health Officials, the National Association of City and County Health 
Officials, the American Public Health Association, and the Council of 
State and Territorial Epidemiologists.
  I urge my colleagues to join me in this effort to strengthen the 
capacity of our Nation to respond to public health threats now and in 
the years to come. The Public Health Preparedness Workforce Development 
Act of 2004 will help provide the public with the educated and well-
trained public health workforce to meet the health challenges of the 
future.
                                 ______
                                 
      By Mr. CONRAD (for himself and Mr. Santorum):
  S. 2614. A bill to amend title XVIII of the Social Security Act to 
improve the benefits under the medicare program for beneficiaries with 
kidney disease, and for other purposes; to the Committee on Finance.
  Mr. CONRAD. Mr. President, I rise today to introduce the End Stage 
Renal Disease Modernization Act, designed to improve the quality of 
care and quality of life for the more than 300,000 Americans with end 
stage renal disease (ESRD).
  To avoid death, patients with ESRD must receive a kidney transplant 
or undergo dialysis. As you know, the shortage of organs makes 
transplantation a limited option for the vast majority of patients. 
Therefore, most rely upon 3-4 hour dialysis treatments three times a 
week to save their lives.
  Congress must honor its commitment to Americans with ESRD by bringing 
the Medicare ESRD program into the 21st Century. As we recognized in 
other areas of health care, education serves as a valuable tool in the 
fight of any chronic disease. ESRD is no exception. This bill would 
establish educational programs to teach individuals about the factors 
that lead to chronic kidney disease, the precursor to kidney failure, 
and how to prevent it, treat it, and avoid kidney failure. It would 
also support programs for patients once they have kidney failure to 
assist them in developing self-management skills that could 
dramatically improve their quality of life.
  Another important factor that influences patients' quality of life is 
the method of dialysis they select. Although most patients must receive 
in-center hemodialysis, some can benefit from home dialysis. In rural 
communities, like so many in North Dakota, home dialysis proves an 
important option for patients who do not have dialysis facilities near 
their homes. In

[[Page S7753]]

this measure, we would require HHS to determine how to provide 
incentives for home dialysis.
  The bill also incorporates provisions to provide for an annual update 
mechanism from legislation that my colleague Senator Santorum and I 
introduced at the beginning of this Congress. As we have discussed many 
times in this Chamber, the ESRD Program is the only major Medicare 
reimbursement system that does not have an annual update mechanism to 
adjust the payment rates for changes in input prices and inflation.
  Since the inception of the Medicare ESRD program, we have made 
enormous strides in extending the lives and the quality of life of 
patients with kidney failure. If we are to continue that course, we 
must allow the program to keep pace with advances and changes in the 
delivery of services. We must also ensure that patients receive the 
best information possible so they can make informed choices and provide 
incentives that promote the highest quality of care. The End Stage 
Renal Disease Modernization Act is a comprehensive bill that moves the 
program in that direction. Thus, I urge my colleagues to join with me 
in sponsoring this important legislation.
                                 ______
                                 
      By Mr. COLEMAN:
  S. 2616. A bill to increase the availability of H-2B nonimmigrant 
visas during fiscal year 2004 for rural border areas, and for other 
purposes; to the Committee on the Judiciary.
  Mr. COLEMAN. Mr. President, today I have introduced the Emergency 
Relief for Rural Borderlands Act.
  This act deals with a problem which is probably well known to many of 
my colleagues--the insufficient number of H2-B visas available for 
temporary seasonal employment this year.
  U.S. laws governing labor-based immigration have always maintained 
that employers must give priority to American workers. I support this 
philosophy, as I am sure the rest of my colleagues do as well.
  I also acknowledge the reality that sometimes there are jobs that, 
for a variety of reasons, cannot be filled by American workers. This is 
a fact of life. We can see it on our farms, in our restaurants, and on 
our construction sites.
  My legislation deals with one small sub-set of these foreign workers, 
temporary seasonal laborers under the H2-B visa program. H2-B guest 
workers may work in the United States for no more than 6 months, at the 
end of which they must return to their countries of origin. They fill 
critical gaps in the labor market, which in turn helps American 
companies to prosper year-round. They work at summer camps and resorts, 
for fisheries and for landscapers, and in many other non-agricultural 
pursuits.
  My legislation does not propose to fix the H2-B crisis across the 
board. Some of my colleagues have introduced legislation to this end, 
and I would not presume to improve upon their proposals. My legislation 
represents, instead, a commitment to the needs of a unique geographical 
situation--rural borderlands.
  In my State of Minnesota, and indeed across the country, rural areas 
continue to be challenged economically. It would be safe to say that 
there is a crisis in rural America today. To address the challenges 
faced by rural communities, I introduced the Rural Renaissance Act, and 
others in the Senate have also introduced legislation that is directed 
towards rural America. What the Rural Renaissance Act would do is help 
rural, small towns develop the infrastructure needed to expand 
communities and create jobs. It takes a long-term view of what is 
needed in rural America. But at the same time, there is another, 
temporary crisis for those in rural America who can't get the H2-B visa 
laborers they rely on. This kind of labor shortage is the last thing 
rural America needs.
  Rural communities located near the border have a special set of 
challenges, which go beyond even what the rest of rural America is 
dealing with. Companies who are recruiting workers naturally target the 
cities and towns closest to them. But when a company is located near an 
international border, the pool of U.S. workers in close proximity is 
smaller than for companies located more centrally.
  For example, take Warroad, MN, in Roseau County. Roseau, like many 
rural counties in Minnesota, is dealing with a number of challenges--
from out-migration of younger people leaving behind an aging 
population, to economic sluggishness, to inadequate infrastructure and 
even flooding issues. The town of Warroad, population 1,722, is located 
about 6 miles from the U.S.-Canada border. The largest company in 
Warroad is a first-class window manufacturer, Marvin Windows.
  Because of its relationship to construction, the window industry has 
a seasonal element to it. During the summer, Marvin hires hundreds of 
American college students to work at its factory in Warroad. But when 
these students go back to school, there are short-term positions which 
need to be filled through December. For the last 8 years, Marvin 
Windows has relied on Canadian workers to fill these critical 
positions. This year, because of the early date when the cap on H2-B 
visas was reached, Marvin Windows is looking at a big gap in their 
employment--which not only could hurt their revenues this year, but 
also threatens to undercut their long-term reputation as a reliable 
supplier of windows.
  I am aware that my colleague Senator Hatch has introduced legislation 
to remedy the H2-B visa shortage. I support this legislation. But as we 
have seen, there is not yet consensus on it.
  Companies like Marvin Windows cannot afford to wait much longer. 
That's why I have proposed the Emergency Relief for Rural Borderlands 
Act. This legislation is admittedly less ambitious than Senator Hatch's 
legislation, or Senator Kennedy's bill. My legislation would simply 
observe the unique circumstances facing rural areas--which are 
challenged economically already--as well as the realities of the labor 
pool for companies located near our borders. My legislation would 
relieve these rural borderlands from the visa cap for this year only. 
Moreover, my legislation would only give relief to those companies who 
can demonstrate that they have relied on the program in the past, by 
limiting eligibility to only those companies which have made use of H2-
B workers in at least 2 of the last 5 years.
  My legislation is not a permanent fix, nor is it a comprehensive fix. 
I know that there are deserving companies that are not going to be able 
to qualify under my legislation. My legislation is only applicable this 
year, and I am sure we will need to revisit this issue again next year.
  But if we in the Congress cannot reach agreement on a comprehensive 
solution for this visa shortage, perhaps the time has come to look at a 
more limited approach. Rural America has unique labor requirements, and 
borderlands have challenging recruitment conditions. If we begin by 
looking at the needs of areas that are both rural and close to the 
border, we can help the economies that stand to be hurt the most by the 
shortage in H2-B visas this year.
  I urge my colleagues to support this legislation.
  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. 2616

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Emergency Relief for Rural 
     Borderlands Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The laws of the United States that govern labor-based 
     immigration require employers to give United States workers 
     priority for employment over foreign workers.
       (2) Many employers have found themselves unable to hire 
     United States citizens for certain positions, particularly 
     for temporary, seasonal employment.
       (3) Due to the historic availability of H-2B visas, many 
     employers have developed business models based on an 
     assumption that businesses will be able to hire temporary 
     seasonal workers who are aliens.
       (4) During fiscal year 2004, the date on which no more H-2B 
     visas could be issued because the maximum number of such 
     visas available for such fiscal year had been issued was 
     earlier than the date such maximum number had been reached 
     during any prior fiscal year.
       (5) As a result of the maximum of H-2B visas being issued 
     prior to the end of fiscal year 2004, many employers face an 
     urgent

[[Page S7754]]

     shortage of workers that threatens to seriously erode the 
     current and future revenues of the employers' businesses.
       (6) It is particularly difficult for employers located in 
     rural areas to attract workers and such employers have often 
     relied on foreign workers.
       (7) An employer located near an international border has a 
     smaller radius for recruiting United States workers than an 
     employer located more centrally, which can create 
     difficulties in finding United States workers to fill vacant 
     positions.
       (8) Large employers located in rural areas are invaluable 
     to the communities in which such employees are located, and a 
     disruption in the business of such employers is devastating 
     for such communities facing challenging economic conditions.

     SEC. 3. ADDITIONAL H-2B VISA ENTRANTS FOR FISCAL YEAR 2004.

       (a) In General.--During fiscal year 2004, an alien who is 
     issued a visa under section 101(a)(15)(H)(ii)(b) of the 
     Immigration and Nationality Act (8 U.S.C. 
     101(a)(15)(H)(ii)(b)) may not be counted toward the numerical 
     limitation set out in section 214(g)(1)(B) of such Act (8 
     U.S.C. 1184(g)(1)(B)) if such alien is providing temporary 
     service or labor in the United States--
       (1) at a work site that is located--
       (A) in a rural area; and
       (B) not more than 50 miles from an international border; 
     and
       (2) for an employer that has hired aliens who received 
     visas under such section 101(a)(15)(H)(ii)(b) during not less 
     than 2 of the fiscal years between fiscal years 1999 and 
     2003.
       (b) Expedited Visa Processing.--During fiscal year 2004, a 
     petition for a nonimmigrant visa submitted by an alien who 
     intends to provide temporary service or labor that meets the 
     requirements of paragraphs (1) and (2) of subsection (a) 
     shall be processed not more than 30 days after the date of 
     the submission of such petition.

     SEC. 4. RURAL AREA DEFINED.

       In this Act, the term ``rural area'' has the meaning given 
     that term in section 343(a) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1991(a)).

     SEC. 5. EFFECTIVE DATE.

       Section 3(a) of this Act shall take effect as if enacted on 
     September 30, 2003.
                                 ______
                                 
      By Mr. KENNEDY:
  S. 2617. A bill making supplemental appropriation for the Department 
of Education for the fiscal year ending September 30, 2004, and for 
other purposes; to the Committee on Appropriations.
  Mr. KENNEDY. Mr. President, the bipartisan No Child Left Behind Act 
enacted two years ago contains the right set of education reforms for 
America's public schools. It raises academic standards and calls for 
better teachers and smaller classes. It supports periodic testing for 
all children, so that teachers can assess learning needs early, before 
major problems develop. It also calls for supplemental services and 
after-school programs for children who are lagging behind academically. 
It focuses schools on the hardest-to-teach children, and holds schools 
accountable for the performance of all children, whatever their race or 
background.
  These basic principles in the No Child Left Behind Act have broad 
bipartisan support. But as we all know, reforms without the resources 
needed to implement them cannot succeed. Since the law was enacted in 
2002, the Bush administration has consistently withheld the resources 
needed to fulfill the basic promises of the Act. The Administration's 
budget for the coming fiscal year leaves 4.6 million children behind. 
It underfunds the President's school reform law by over $9.4 billion.
  Even worse, because of the administration's low priority for 
education, over 7,500 school districts received notice last week that 
their Federal funds under the No Child Left Behind Act will be cut back 
this fall. As a result, thousands of school districts across the nation 
won't even be able to maintain their current quality of education, let 
alone improve it. Schools that serve the neediest children will be hurt 
the most.
  Every school district in Massachusetts faces a cut in Federal 
education funding this fall. The city of Lawrence has a 27 percent 
poverty rate, and it faces a $1.2 million cut in school aid. It can't 
afford the loss of 20 teachers. The city of Springfield has a 28 
percent poverty rate. It faces a cut of $1.4 million, which means that 
over 1,000 needy children won't get the supplemental services they're 
counting on. We cannot in good conscience allow these cuts to go 
forward.
  Today, Congressman George Miller in the House of Representatives and 
I are introducing ``The No Child Left Behind Appropriations Support Act 
of 2004'' to provide $237 million in emergency resources needed this 
fall to stop the cuts called for by the Administration in funds for 
school reform. Over 70 Members of Congress have now joined our letter 
to the Appropriations Committees requesting that emergency funds be 
provided. With deep and widespread cuts in local education funds, it 
will be much more difficult to achieve the school reforms that are so 
urgently needed in communities across the country.
  Clearly, Congress needs to act. I urge my colleagues on both sides of 
the aisle to join in seeing that these critically needed resources are 
made available to our schools.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2617

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``No Child Left Behind 
     Appropriations Support Act of 2004''.

     SEC. 2. SUPPLEMENTAL APPROPRIATION.

       (a) Appropriation.--To carry out this Act, out of any money 
     in the Treasury not otherwise appropriated, there is 
     appropriated $237,000,000, to remain available until 
     expended, for the Department of Education for the fiscal year 
     ending September 30, 2004.
       (b) Payments.--In addition to amounts otherwise provided to 
     a local educational agency under subpart 2 of part A of title 
     I of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6331 et seq.) for fiscal year 2004, the Secretary of 
     Education shall make a payment in an amount determined under 
     subsection (c) to each local educational agency that receives 
     a lesser amount of funds for fiscal year 2004 under such 
     subpart than the agency received for fiscal year 2003.
       (c) Determination of Amount.--The amount of a payment to a 
     local educational agency under this Act shall be equal to the 
     amount of the difference between--
       (1) the amount the agency would otherwise receive for 
     fiscal year 2004 under subpart 2 of part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6331 et seq.); and
       (2) the amount the agency received for fiscal year 2003 
     under such subpart.
       (d) Definition.--In this Act, the term ``local educational 
     agency'' has the meaning given to that term in section 9101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7801).
                                 ______
                                 
      By Mr. GRASSLEY (for himself, Mr. Baucus, Mr. Smith, and Mr. 
        Bingaman):
  S. 2618. A bill to amend title XIX of the Social Security Act to 
extend medicare cost-sharing for the medicare part B premium for 
qualifying individuals through September 2005; to the Committee on 
Finance.
  Mr. GRASSLEY. Mr. President, Senator Baucus and I are pleased to 
announce the introduction of legislation to extend cost-sharing 
assistance to qualifying individuals for the Medicare Part B premium 
through September 2005. Qualified Individuals are a vulnerable 
population with income between 120 percent and 135 percent of the 
federal poverty level and limited assets. It is estimated the monthly 
Medicare Part B premium will be around $75 in fiscal year 2005. Let me 
put this into real numbers, this extension will provide over $900 
dollars of annual assistance to Medicare beneficiaries who earn less 
than $12,600 per year.
  In the Medicare discount drug card program, Congress has targeted 
this same population with the transitional assistance program. These 
same seniors are eligible to receive $600 in assistance on their 
Medicare-approved drug card both this year and next. We need to extend 
this program, and the President agrees. An extension is part of his 
fiscal year 2005 budget. It does not seem right for us to assist these 
Medicare beneficiaries with some of their health care costs and 
relinquish our assistance in other areas. This program has been in 
existence since 1997 and has been extended every year thereafter 
because it targets help to low-income Medicare beneficiaries. I urge 
Congress to act on this important legislation.
  Mr. BAUCUS. Mr. President, I rise with my colleague and friend 
Chairman Chuck Grassley to introduce The Qualifying Individuals' 
Program Extension Act. This bill would extend avery important program 
that provides assistance to low-income Medicare beneficiaries. The so-
called QI-1 program, which will expire at the end of

[[Page S7755]]

this fiscal year, currently pays Part B premiums for Medicare 
beneficiaries earning less than $12,570 this year. That's about $1,050 
a month. Medicare Part B premiums are expected to increase to $75 next 
year. That's a substantial sum for beneficiaries living on a fixed 
income of $1,000 a month. 7.5 percent of their total income, in fact, 
and that's just for premiums for one part of the Medicare program--they 
must still pay coinsurance and the deductible for Parts A and B.
  In enacting the Medicare prescription drug benefit last year, 
Congress acknowledged that seniors with incomes up to 150 percent of 
the Federal Poverty Line--in 2004, that's about $14,000 a year, or 
$17,000 per couple--need some additional help in paying their drug 
bills. I viewed the low-income drug assistance provisions as one of the 
great successes of the prescription drug bill. We should not give with 
one hand and take away with another by allowing the QI-1 program to 
expire--hurting the very same people that we tried to help in the 
Medicare prescription drug bill.
  The QI-1 bill is a truly bipartisan effort. Democrats, particularly 
my colleague Senator Bingaman from New Mexico, have long championed the 
QI-1 program. And the Administration's budget for Fiscal Year 2005 
includes an extension for QI-1s. I urge my colleagues to support this 
important program and work with me to get it passed as quickly as 
possible.
                                 ______
                                 
      By Mr. ALLARD (for himself, Mr. Brownback, Mr. Cochran, Mr. Enzi, 
        Mr. Fitzgerald, Mr. Frist, Mr. Hatch, Mrs. Hutchison, Mr. 
        Inhofe, Mr. Kyl, Mr. Lott, Mr. McConnell, Mr. Miller, Mr. 
        Santorum, Mr. Sessions, Mr. Shelby, and Mr. Talent):
  S.J. Res. 40. A joint resolution proposing an amendment to the 
Constitution of the United States relating to marriage; read the first 
time.
  Mr. ALLARD. Mr. President, I ask unanimous consent that the text of 
the joint resolution be printed in the Record.
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                              S.J. Res. 40

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled (two-thirds of 
     each House concurring therein), That the following article is 
     proposed as an amendment to the Constitution of the United 
     States, which shall be valid to all intents and purposes as 
     part of the Constitution when ratified by the legislatures of 
     three-fourths of the several States:

                              ``Article --

     ``SECTION 1. SHORT TITLE.

       ``This Article may be cited as the `Federal Marriage 
     Amendment'.

     ``SECTION 2. MARRIAGE AMENDMENT.

       ``Marriage in the United States shall consist only of the 
     union of a man and a woman. Neither this Constitution, nor 
     the constitution of any State, shall be construed to require 
     that marriage or the legal incidents thereof be conferred 
     upon any union other than the union of a man and a woman.''.
                                 ______
                                 
      By Mr. CAMPBELL (for himself, Mr. Inouye, Ms. Cantwell, Mr. 
        Daschle, Ms. Murkowski, Mrs. Clinton, Mr. Lieberman, Mr. Akaka, 
        Ms. Stabenow, Mr. Wyden, Ms. Mikulski, Mr. Inhoffe, Mr. 
        Lauttenburg, Mr. Bingaman, Mrs. Boxer, Mr. Dodd, Mr. Smith, Mr. 
        Domenici, Mr. Johnson, Mrs. Murray, Mr. Schumer, Mr. 
        Fitzgerald, Mr. CcCain, Mr. Conrad, Mr. Leahy, Mr. Chafee, Mr. 
        Thomas, Mr. Burns, Mrs. Dole, Mr. Nelson of Nebraska, Mr. 
        Hatch, and Mr. Brownback):
  S.J. Res. 41. A joint resolution commemorating the opening of the 
National Museum of the American Indian; to the Committee on Indian 
Affairs.
  Mr. CAMPBELL. Mr. President, it is my pleasure and distinct honor to 
introduce, on behalf of myself and 31 other Senators, a joint 
resolution commemorating the opening of the National Museum of the 
American Indian.
  This Museum was many years in the making. It's been 15 years since 
the bill authorizing the construction of the museum was signed into 
law, and that was only the beginning of a long, difficult path.
  There are many people who deserve praise and gratitude for their 
unstinting efforts in realizing this dream--far too many for me to name 
them all here. I would, however, like to honor two people in particular 
for their dedication and perseverance in seeing this task through to 
completion: my friend, colleague and vice chairman of the Committee on 
Indian Affairs, Daniel K. Inouye; and, Rick West, director of the 
National Museum of the American Indian, and my Southern Cheyenne 
brother.
  I consider myself fortunate that I was there at the beginning, 
serving in the House of Representatives when the museum was authorized, 
and I will be there on September 21, 2004, when the National Museum of 
the American Indian first opens its doors to the public.
  I consider the American people fortunate in that they now possess a 
remarkable resource for learning learning about Indian cultures and 
civilizations.
  I also consider American Indians fortunate that, finally, there is a 
national facility dedicated to and worthy of their cultures. History 
has not always been kind to Native Americans, neither the events that 
occurred nor the words recorded about them, and the United States has 
not always accorded honor where honor was due the Indians. The National 
Museum of the American Indian is an important step in rectifying this 
omission and continuing the reconciliation between a great nation and 
its first peoples.
  I ask unanimous consent that the text of the joint resolution be 
printed in the Record.
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                              S.J. Res. 41

       Whereas the National Museum of the American Indian Act (20 
     U.S.C. 808 et seq.) established within the Smithsonian 
     Institution the National Museum of the American Indian, and 
     authorized the construction of a facility to house the 
     National Museum of the American Indian on the National Mall 
     in the District of Columbia;
       Whereas the National Museum of the American Indian 
     officially opens on September 21, 2004;
        Whereas the National Museum of the American Indian will be 
     the only national museum devoted exclusively to the history 
     and art of cultures indigenous to the Americas, and will give 
     all Americans the opportunity to learn of the cultural 
     legacy, historic grandeur, and contemporary culture of Native 
     Americans: Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. NATIONAL MUSEUM OF THE AMERICAN INDIAN.

       Congress--
       (1) recognizes the important and unique contribution of 
     Native Americans to the cultural legacy of the United States, 
     both in the past and currently;
       (2) honors the cultural achievements of all Native 
     Americans;
       (3) celebrates the official opening of the National Museum 
     of the American Indian; and
       (4) encourages all Americans to take advantage of the 
     resources of the National Museum of the American Indian to 
     learn about the history and culture of Native Americans.

                          ____________________