S.Amdt. 1638Senate108th Congress (2003-2005)2nd degree

To require the Department of Labor to cease the implementation of closing procedures for the Department of Labor Employment and Training Administration regional office in New York City, New York, and the Employment and Training Administration affiliate offices in Seattle, Washington, Kansas City, Missouri, and Denver, Colorado until September 30, 2004.

Submitted September 10, 2003

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September 10, 2003

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Senate amendment submitted

September 10, 2003

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Senate amendment proposed (on the floor): Amendment SA 1638 proposed by Senator Specter for Senator Bond to Amendment SA 1542.(consideration: CR 9/11/2003 S11321-11324; text: CR 9/11/2003 S11324)

September 10, 2003

Floor

Senate amendment agreed to: Amendment SA 1638 agreed to in Senate by Voice Vote.

September 10, 2003

Floor

Amendment SA 1638 proposed by Senator Specter for Senator Bond to Amendment SA 1542. (consideration: CR 9/11/2003 S11321-11324; text: CR 9/11/2003 S11324) To require the Department of Labor to cease the implementation of closing procedures for the Department of Labor Employment and Training Administration regional office in New York City, New York, and the Employment and Training Administration affiliate offices in Seattle, Washington, Kansas City, Missouri, and Denver, Colorado until September 30, 2004.

September 10, 2003

Floor

Amendment SA 1638 agreed to in Senate by Voice Vote.

September 10, 2003

Text

Submitted

TEXT OF AMENDMENTS

SA 1604. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 1594 submitted by Mr. Reed and intended to be proposed
by the amendment SA 1542 proposed by

[[Page S11356]]

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 appropriate place in title II, insert the following:
Sec. ____. (a) Automatic External Defibrillators.--There
are appropriated, $10,000,000 to fund programs on community
automatic external defibrillators under section 312 of the
Public Health Service Act (42 U.S.C. 244).
(b) Offset.--Of the funds appropriated under this Act for
the National Institutes of Health, $15,000,000 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 $6,905,199,000, and the amount $6,783,301,000 in
section 305(a)(2) of this Act shall be deemed to be
$6,773,301,000.
______

SA 1605. Mr. FEINGOLD 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 20, line 19, strike the period at the end and
insert ``: Provided further, That of this amount, sufficient
funds shall be available for the Secretary of Labor, not
later than 60 days after the last day of the fiscal year, to
submit to Congress a report on the amount of acquisitions
made by the Department of Labor during such fiscal year of
articles, materials, or supplies that were manufactured
outside the United States. Such report shall separately
indicate the dollar value of any articles, materials, or
supplies purchased by the Department of Labor that were
manufactured outside the United States, an itemized list of
all waivers under the Buy American Act (41 U.S.C. 10a et
seq.) that were granted with respect to such articles,
materials, or supplies, and a summary of total procurement
funds spent on goods manufactured in the United States versus
funds spent on goods manufactured outside of the United
States. The Secretary of Labor shall make the report publicly
available by posting the report on an Internet website.
On page 74, line 4, strike ``Washington, D.C.'' and insert
``Washington, D.C.: Provided, That of this amount, sufficient
funds shall be available for the Secretary of Education, not
later than 60 days after the last day of the fiscal year, to
submit to Congress a report on the amount of acquisitions
made by the Department of Education during such fiscal year
of articles, materials, or supplies that were manufactured
outside the United States. Such report shall separately
indicate the dollar value of any articles, materials, or
supplies purchased by the Department of Education that were
manufactured outside the United States, an itemized list of
all waivers under the Buy American Act (41 U.S.C. 10a et
seq.) that were granted with respect to such articles,
materials, or supplies, and a summary of total procurement
funds spent on goods manufactured in the United States versus
funds spent on goods manufactured outside of the United
States. The Secretary of Education shall make the report
publicly available by posting the report on an Internet
website.''
______

SA 1606. Mr. FEINGOLD (for himself and Ms. Collins) 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. ____. From the amounts appropriated under the heading
Office of the Secretary, General Departmental Management
there shall be made available an additional $4,000,000 to the
Health Resources and Services Administration for the purchase
of automatic external defibrilators and the training of
individuals in cardiac life support in rural areas.
______

SA 1607. 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, add the following:

SEC. ____. RECIPIENTS OF FEDERAL PELL GRANTS WHO ARE PURSUING
PROGRAMS OF STUDY IN MATHEMATICS OR SCIENCE
(INCLUDING COMPUTER SCIENCE OR ENGINEERING).

Section 401(b)(2) of the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(2)) is amended by adding at the end the
following:
``(C)(i) Notwithstanding subparagraph (A) and subject to
clause (ii), in the case of a student who is eligible under
this part and who is pursuing a degree with a major or minor
in, or a certificate or program of study relating to,
mathematics or science (including computer science or
engineering), the amount of the Federal Pell Grant shall be
150 percent of the amount specified in clauses (i) through
(v) of subparagraph (A), for the academic year involved, less
an amount equal to the amount determined to be the expected
family contribution with respect to that student for that
year.
``(ii) No student who received a Federal Pell Grant for
academic year 2003-2004 shall receive a subsequent Federal
Pell Grant in an amount that is less than the amount of the
student's Federal Pell Grant for academic year 2003-2004, due
to the requirements of clause (i).''.
______

SA 1608. Mr. FRIST 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 appropriate place in title II, insert the following:
Sec. ____. (a) Automatic External Defibrillators.--There
are appropriated, $10,000,000 to fund programs on community
automatic external defibrillators under section 312 of the
Public Health Service Act (42 U.S.C. 244).
(b) Offset.--The amount made available under each account
in this Act for expenses necessary for departmental
management and administration shall be reduced on a pro rata
basis, so that the total of such reductions equals
$10,000,000.
______

SA 1609. Mrs. BOXER (for herself, Mr. Lautenberg, Mr. Reid, Ms.
Landrieu, Mr. Kerry, and Mr. Corzine) 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 76, between lines 10 and 11, insert the following:
Sec.--. In addition to any amounts otherwise appropriated
under this Act for afterschool programs carried out by 21st
Century Community Learning Centers under part B of title IV
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7171 et seq.), there are appropriated an additional
$250,000,000 for such programs: Provided, That of the funds
appropriated in this Act for the National Institutes of
Health, $44,000,000 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 $7,145,199,000: Provided further, That the
amount $6,783,301,000 in section 305(a)(2) of this Act shall
be deemed to be $6,533,301,000.
______

SA 1610. Ms. LANDRIEU (for herself, Mrs. Murray, Mr. Rockefeller, and
Mr. Levin) 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) Promoting Safe and Stable Families
Program.--In addition to amounts otherwise appropriated under
this Act for the promoting safe and stable families program
of the Administration on Children and Families, there are
appropriated an additional $100,000,000 for the
Administration on Children and Families to fund such program.
(b) Independent Living Training Vouchers.--In addition to
amounts otherwise appropriated under this Act for independent
living training vouchers, there are appropriated an
additional $18,000,000 for such vouchers.
(c) Offset.--Of the funds appropriated under this Act for
the National Institutes of Health, $70,000,000 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 $6,995,199,000, and the amount $6,783,301,000 in
section 305(a)(2) of this Act shall be deemed to be
$6,683,301,000.
______

SA 1611. Mr. DURBIN (for himself, Mr. Schumer, Mr. Dorgan, and Mr.
Nelson of Nebraska) 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:

At the end of title III (relating to the Department of
Education), insert after the last

[[Page S11357]]

section (preceding the short title) the following:
Sec. ____. None of the funds made available in this Act may
be used by the Department of Education to enforce any
requirement under section 1116 of part A of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316), or to implement any penalty or sanction applicable to
a State, a State educational agency, a local educational
agency, or a school under such part A, if the amount
appropriated in this Act for the purpose of carrying out such
part A for fiscal year 2004 is less than $18,500,000,000, as
authorized to be appropriated for such purpose in section
1002(a) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6302(a)). Nothing in this section shall be
construed to prohibit a State, a State educational agency, a
local educational agency, or a school from implementing the
requirements of section 1116 of such Act.
______

SA 1612. 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:

In the matter under the heading ``Training and Employment
Services'' under the heading ``Employment and Training
Administration'' in title I, add at the end the following:
For necessary expenses of the Workforce Investment Act of
1998, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of
buildings and other facilities, and the purchase of real
property for training centers as authorized by the Workforce
Investment Act of 1998, $10,000,000 to carry out activities
described in section 132(a)(2)(B) of that Act (relating to
dislocated worker employment and training activities and
other activities for dislocated workers). There shall be
transferred from the account relating to the Department of
Labor's Working Capital Fund, $7,500,000 to the account
relating to carrying out activities described in section
132(a)(2)(B) of the Workforce Investment Act of 1998
(relating to dislocated worker employment and training
activities and other activities for dislocated workers).
There shall be transferred from the account relating to the
Department of Labor's management cross cut activities,
$7,500,000 to the account relating to carrying out activities
described in section 132(a)(2)(B) of the Workforce Investment
Act of 1998 (relating to dislocated worker employment and
training activities and other activities for dislocated
workers). There shall be transferred from the Department of
Labor's Departmental Management account (except from funds
under such account for salaries and to the Bureau of
International Labor Affairs), $5,000,000 to the account
relating to carrying out activities described in section
132(a)(2)(B) of the Workforce Investment Act of 1998
(relating to dislocated worker employment and training
activities and other activities for dislocated workers).
There shall be transferred from the Department of Health and
Human Service's General Departmental Management account
(except from funds under such account for salaries),
$20,000,000 to the account relating to carrying out
activities described in section 132(a)(2)(B) of the Workforce
Investment Act of 1998 (relating to dislocated worker
employment and training activities and other activities for
dislocated workers). There shall be transferred from the
Department of Education's Program Administration account
(except from funds under such account for salaries),
$10,000,000 to the account relating to carrying out
activities described in section 132(a)(2)(B) of the Workforce
Investment Act of 1998 (relating to dislocated worker
employment and training activities and other activities for
dislocated workers).
On page 74, line 1, strike ``$13,644,000'' and insert
``$3,644,000''.
______

SA 1613. Mr. DURBIN (for himself, Mr. Kennedy, Mr. Edwards, Mr.
Bingaman, Mr. Lautenberg, and Mr. Corzine) 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 36, line 16, strike the period at the end and
insert ``: Provided further, That of the funds appropriated
in this Act for the National Institutes of Health,
$85,000,000 shall not be available for obligation until
September 30, 2004: Provided further, That in addition to
amounts otherwise appropriated under this Act for grants to
States under part A of title II of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.),
there are appropriated an additional $325,000,000 for such
grants: Provided further, That in addition to amounts
otherwise appropriated under this Act for the Preparing
Tomorrow's Teachers to Use Technology Program under part B of
title II of the Higher Education Act of 1965 (20 U.S.C. 1041
et seq.), there are appropriated an additional $62,094,000
for such program: Provided further, That in addition to
amounts otherwise appropriated under this Act for the
Mathematics and Science Partnerships program under part B of
title II of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6661 et seq.), there are appropriated an
additional $50,000,000 for such program: Provided further,
That in addition to amounts otherwise appropriated under this
Act for the school leadership program under section 2151(b)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6651(b)), there are appropriated an additional
$12,500,000 for such program: Provided further, That the
amount $6,895,199,000 in section 305(a)(1) of this Act shall
be deemed to be $7,344,793,000: Provided further, That the
amount $6,783,301,000 in section 305(a)(2) of this Act shall
be deemed to be $6,333,707,000.''.
______

SA 1614. Ms. LANDRIEU (for herself, Mr. Daschle, Mr. Johnson, and Mr.
Breaux) 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) In General.--In addition to amounts
otherwise appropriated under this Act for programs relating
to West Nile Virus, there are appropriated an additional
$25,000,000 for the Centers for Disease Control and
Prevention to fund such programs, of which $1,250,000 shall
be set aside for Indian tribes and tribal organizations, and
there are appropriated an additional $100,000,000 for the
Centers for Disease Control and Prevention to fund programs
under the Mosquito Abatement for Safety and Health Act
(Public Law 108-75), of which $5,000,000 shall be set aside
for Indian tribes and tribal organizations.
(b) Offset.--Of the funds appropriated under this Act for
the National Institutes of Health, $145,000,000 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 $7,020,199,000, and the amount $6,783,301,000 in
section 305(a)(2) of this Act shall be deemed to be
$6,658,301,000.
______

SA 1615. Mr. BINGAMAN 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 80, insert the following before the period: ``:
Provided, That from the total amount available, the Medicare
Payment Advisory Commission uses funds to conduct a study on
access to health care items and services by individuals who
are dually eligible for benefits under the medicare program
under title XVIII of such Act (42 U.S.C. 1395 et seq.) and
the medicaid program under title XIX of such Act (42 U.S.C.
1396 et seq.)''.
______

SA 1616. Mr. STEVENS (for Ms. Collins (for herself and Mr. Feingold))
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 49, line 21, insert before the period the
following: ``: Provided further, That of this amount,
$3,000,000 shall be made available to carry out section 340G
of the Public Health Service Act (42 U.S.C. 256g) (in
addition to other amounts appropriated under this title for
such purpose)''.
______

SA 1617. Mr. STEVENS (for Mr. Inhofe) 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 63, line 2, strike ``$1,188,226,000, of which
$1,025,292,000'' and insert ``$1,193,226,000, of which
$1,030,292,000''.
______

SA 1618. Mr. STEVENS (for Mr. Wyden) 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 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. ____. Not later than 90 days after the date of
enactment of this Act, the Director of the National
Institutes of Health shall submit to the appropriate
committees of Congress a report that shall--

[[Page S11358]]

(1) contain the recommendations of the Director concerning
the role of the National Institutes of Health in promoting
the affordability of inventions and products developed with
Federal funds; and
(2) specify whether any circumstances exist to prevent the
Director from promoting the affordability of inventions and
products developed with Federal funds.
______

SA 1619. Mr. STEVENS (for Mr. Ensign) 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 62, line 6, insert ``annually'' after ``obtain''.
______

SA 1620. Mr. STEVENS (for Mr. Specter) 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:

At the end of title V, add the following:
Sec. ____. (a) In General.--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
$14,735,000.
(b) Limitation.--The reduction required by subsection (a)
shall not apply to the Food and Drug Administration and the
Indian Health Service.
______

SA 1621. Mr. ENSIGN (for himself, Mrs. Murray, Mr. Gregg, and Ms.
Collins) 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:

At the end of title III, insert the following:
Sec. 306. There are appropriated, out of any money in the
Treasury not otherwise appropriated, to carry out section 208
of the Education Sciences Reform Act of 2002, $80,000,000.
All amounts in this Act for management and administration at
the Department of Education are reduced on a pro rata basis
by an amount required to offset the $80,000,000 appropriation
made by this section.
______

SA 1622. Mr. SPECTER (for himself, Mr. Harkin, Mrs. Feinstein, Ms.
Collins, Ms. Snowe, Mr. Dorgan, Mrs. Clinton, Mr. Lieberman, Ms.
Mikulski, Mr. Lautenberg, Mr. Leahy, Mrs. Murray, Mr. Corzine, Mr.
Durbin, Mr. Sarbanes, Mr. Schumer, Ms. Cantwell, Mr. Reid, Mr. Johnson,
Mr. Kennedy, and Ms. Stabenow) 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 any amounts otherwise appropriated
under this Act under the heading of National Institutes of
Health--office of the director, there are appropriated an
additional $1,500,000,000 for programs and activities under
the discretion of the Office of the Director of the National
Institutes of Health. Such additional amount shall be
designated as emergency spending pursuant to section 502(c)
of House Concurrent Resolution 95 (108th Congress).
______

SA 1623. Mr. DeWINE (for himself, Mr. Santorum, and Mr. Durbin)
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. ____. (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 and $1,000,000 for non-mother-to-child 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, shall be reduced on a pro rata basis by
$61,000,000.
______

SA 1624. Mr. HARKIN (for Mr. Bingaman) proposed an amendment to
amendment SA 1594 submitted by Mr. Reed and intended to be proposed to
the 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.   . For activities authorized by part H of title I of
the Elementary and Secondary Education Act, there are hereby
appropriated up to $5,000,000, which may be used to carry out
such activities.
______

SA 1625. Ms. HARKIN (for Ms. Mikulski) 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:

At the appropriate place in title II, insert the following:

SEC.   . STUDIES CONCERNING MAMMOGRAPHY STANDARDS.

(a) Study by GAO.--
(1) In general.--The Comptroller General of the United
States shall conduct a study of the program established under
the Mammography Quality Standards Act of 1992 (section 354 of
the Public Health Service Act (42 U.S.C. 263b)) (referred to
in this section as the ``MQSA'') to--
(A) evaluate the demonstration program regarding frequency
of inspections authorized under section 354(g) of the Public
Health Service Act (42 U.S.C. 263b(g)), including the effect
of the program on compliance with the MQSA;
(B) evaluate the factors that contributed to the closing of
the approximately 700 mammography facilities nationwide since
2001, whether those closings were due to consolidation or
were a true reduction in mammography availability, explore
the relationship between certified units and facility
capacity, and evaluate capacity issues, and determine the
effect these and other closings have had on the accessibility
of mammography services, including for underserved
populations, since the April 2002 General Accounting Office
report on access to mammography; and
(C) evaluate the role of States in acting as accreditation
bodies or certification bodies, or both, in addition to
inspection agents under the MQSA, and in acting as
accreditation bodies for facilities in other States and
determine whether and how these roles affect the system of
checks and balances within the MQSA.
(2) Report.--Not later than 16 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions and the Committee on Appropriations of
the Senate and the Committee on Energy and Commerce and the
Committee on Appropriations of the House of Representatives a
report on the study described in paragraph (1).
(b) Study by the Institute of Medicine.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Health and Human
Services shall enter into an agreement with the Institute of
Medicine of the National Academy of Sciences for the conduct
of a study and the making of recommendations regarding the
following:
(A) Ways to improve physicians' interpretations of
mammograms, including approaches that could be taken under
the MQSA without

*   *   *   *   *

assessment of mammography quality and access.
(E) Other approaches that would improve the quality of and
access to mammography services, including approaches to
improving provisions under the MQSA.
(F) Steps that should be taken to help make available safe
and effective new screening and diagnostic devices and tests
for breast cancer.
(2) Report.--Not later than 15 months after the date on
which the agreement is entered into under paragraph (1), the
Institute of Medicine shall complete the study described
under such subsection and submit a report to the Secretary of
Health and Human Services, the Committee on Health,
Education, Labor, and Pensions and the Committee on
Appropriations of the Senate, and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives.
(3) Funding.--Of the amounts appropriated under this title
to the Office of the Secretary of Health and Human Services
for general departmental management, $500,000 shall be made
available to carry out the study under this subsection.
______

SA 1626. Mr. HARKIN (for Mr. Daschle) 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

[[Page S11359]]

the fiscal year ending September 30, 2004, and for other purposes; as
follows:

At the appropriate place in title II, insert the
following:
Sec. ____. (a) Findings.--The Senate finds that--
(1) Native American populations have seen an alarming
increase in sexually transmitted disease prevalence in recent
years; and
(2) a screening, treatment, and education program,
administered by tribal health organizations or local health
care providers, on Native American reservations with high
rates of sexually transmitted diseases will help prevent a
corresponding increase in the prevalence of HIV.
(b) Grant Program.--From amounts appropriated under this
title for the Centers for Disease Control and Prevention,
there may be made available up to $1,000,000 to enable the
Director of the Centers for Disease Control and Prevention to
carry out competitive grant program to strengthen local
capacity on Native American reservations to screen for and
treat sexually transmitted diseases and to educate local
populations about such diseases, the consequences thereof,
and how the transmission of such diseases can be prevented.
______

SA 1627. Mr. HARKIN (for Mr. Dodd (for himself and Mrs. Lincoln))
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 any amounts otherwise
appropriated under this Act for the support of the improved
newborn and child screening for heritable disorders program
authorized under section 1109 of the Public Health Service
Act (42 U.S.C. 300b-8), there may be appropriated up to an
additional $2,000,000 to carry out such program.
______

SA 1628. Mr. HARKIN (for Mr. Kennedy) 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 18, line 14: strike ``$440,113,000'' and insert
``$445,113,000''.
On page 18, line 17, insert before the period the
following: ``, of which $5,000,000 may be used to fund the
mass layoff statistics program under section 15 of the
Wagner-Peyser Act (29 U.S.C. 49l-2)''.
______

SA 1629. Mr. SPECTER (for Mr. McCain (for himself and Mr. Bayh))
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:

At the appropriate place in title V, insert the
following:
Sec. ____. In addition to any amounts otherwise
appropriated under this Act for the Special Volunteers for
Homeland Security program, there may be appropriated an
additional $5,000,000 for such program.
______

SA 1630. Mr. SPECTER 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 57, between lines 14 and 15, insert the following:
``(C) in subsection (b)(1)--
``(i) in subparagraph (A), by striking `and' at the end;
``(ii) in subparagraph (B), by striking the period and
inserting `; and'; and
``(iii) by adding at the end the following:
`` `(C) one or more categories of aliens who are or were
nationals and residents of the Islamic Republic of Iran who,
as members of a religious minority in Iran, share common
characteristics that identify them as targets of persecution
in that state on account of race, religion, nationality,
membership in a particular social group, or political
opinion.'; and''.
______

SA 1631. Mr. HARKIN (for Mr. Schumer) 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:

At the appropriate place, insert the following:

DANIEL PATRICK MOYNIHAN GLOBAL AFFAIRS INSTITUTE

Sec. ____. (a) Definitions.--In this section:
(1) Endowment fund.--The term ``endowment fund'' means a
fund established by the Maxwell School of Citizenship and
Public Affairs of the Syracuse University in Syracuse, New
York, for the purpose of generating income for the support of
the School and other purposes as described in subsection (d).
(2) School.--The term ``School'' means the Maxwell School
of Citizenship and Public Affairs of the Syracuse University
in Syracuse, New York.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(4) University.--The term ``University'' means the Syracuse
University in Syracuse, New York.
(b) Daniel Patrick Moynihan Global Affairs Institute.--
(1) Redesignation.--To be eligible for a grant under
subsection (c), the University shall designate the global
affairs institute within the Maxwell School of Citizenship
and Public Affairs of the University as the ``Daniel Patrick
Moynihan Global Affairs Institute''.
(2) References.--Any reference in a law, map, regulation,
paper, or other record to the global affairs institute within
the Maxwell School of Citizenship and Public Affairs of the
University, shall be deemed to be a reference to the Daniel
Patrick Moynihan Global Affairs Institute.
(c) Grant for Endowment Fund.--From amounts appropriated
under subsection (f), the Secretary may award a grant to the
University for the establishment of an endowment fund to
support the Daniel Patrick Moynihan Global Affairs Institute.
(d) Duties.--Amounts received under a grant under
subsection (c), shall be used to--
(1) carry on the public and intellectual tradition of
Senator Daniel Patrick Moynihan;
(2) sustain all of the core activities of the School;
(3) fund the residencies of visiting scholars and
international leaders;
(4) support scholarship, training, and practice in
countries that are often the most impoverished economically,
institutionally, and civically;
(5) support partnerships with governments and other
relevant entities around the world to train government
officials both at the School and in their home countries; and
(6) expand the facilities of the School.
(e) Miscellaneous Provisions Relating to the Endowment
Fund.--
(1) Management.--The endowment fund established under
subsection (c) shall be managed in accordance with the
standard endowment policies established by the University.
(2) Use of interest and investment income.--Interest and
other investment income earned from the endowment fund may be
used to carry out the duties under subsection (d).
(3) Distribution of interest and investment income.--Funds
derived from the interest and other investment income earned
from the endowment fund shall be available for expenditure by
the University for purposes consistent with subsection (d).
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $10,000,000 to
remain available until expended.
______

SA 1632. Mr. SPECTER (for Mr. Sessions) 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. ____. Not later than 120 days after the date of
enactment of this Act, the Director of the Centers for
Disease Control and Prevention shall prepare a plan to
comprehensively address blood safety and injection safety in
Africa under the Global AIDS Program.
______

SA 1633. Mr. HARKIN (for Mr. Feingold) 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 20, line 19, strike the period at the end and
insert ``: Provided further, That of this amount, sufficient
funds shall be available for the Secretary of Labor, not
later than 60 days after the last day of the fiscal year, to
submit to Congress a report on the amount of acquisitions
made by the Department of Labor during such fiscal year of
articles, materials, or supplies that were manufactured
outside the United States. Such report shall separately
indicate the dollar value of any articles, materials, or
supplies purchased by the Department of Labor that were
manufactured outside the United States, an itemized list of
all waivers under the Buy American Act (41 U.S.C. 10a et
seq.) that were granted with respect to such articles,
materials, or supplies, and a summary of total procurement
funds spent on goods manufactured in the United States versus

[[Page S11360]]

funds spent on goods manufactured outside of the United
States. The Secretary of Labor shall make the report publicly
available by posting the report on an Internet website.
On page 49, line 21, strike the period and insert ``:
Provided further, That of this amount, sufficient funds shall
be available for the Secretary of Health and Human Services,
not later than 60 days after the last day of the fiscal year,
to submit to Congress a report on the amount of acquisitions
made by the Department of Health and Human Services during
such fiscal year of articles, materials, or supplies that
were manufactured outside the United States. Such report
shall separately indicate the dollar value of any articles,
materials, or supplies purchased by the Department of Health
and Human Services that were manufactured outside the United
States, an itemized list of all waivers under the Buy
American Act (41 U.S.C. 10a et seq.) that were granted with
respect to such articles, materials, or supplies, and a
summary of total procurement funds spent on goods
manufactured in the United States versus funds spent on goods
manufactured outside of the United States. The Secretary of
Health and Human Services shall make the report publicly
available by posting the report on an Internet website.''.

On page 74, line 4, strike ``Washington, D.C.'' and insert
``Washington, D.C.: Provided, That of this amount, sufficient
funds shall be available for the Secretary of Education, not
later than 60 days after the last day of the fiscal year, to
submit to Congress a report on the amount of acquisitions
made by the Department of Education during such fiscal year
of articles, materials, or supplies that were manufactured
outside the United States. Such report shall separately
indicate the dollar value of any articles, materials, or
supplies purchased by the Department of Education that were
manufactured outside the United States, an itemized list of
all waivers under the Buy American Act (41 U.S.C. 10a et
seq.) that were granted with respect to such articles,
materials, or supplies, and a summary of total procurement
funds spent on goods manufactured in the United States versus
funds spent on goods manufactured outside of the United
States. The Secretary of Education shall make the report
publicly available by posting the report on an Internet
website.''.
______

SA 1634. Mr. HARKIN (for Mr. Hollings) 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 41, insert the following before the period on line
9: ``: Provided further, that to the extent Medicare claims
processing unit costs are projected by the Centers for
Medicare & Medicaid Services to exceed $0.87 for Part A
claims and/or $0.65 for Part B claims, up to an additional
$18,000,000 may be available for obligation for every $0.04
increase in Medicare claims processing unit costs from the
Federal Hospital Insurance and the Federal Supplementary
Medical Insurance Trust Funds. The calculation of projected
unit costs shall be derived in the same manner in which the
estimated unit costs were calculated for the Federal budget
estimate for the fiscal year.''.
______

SA 1635. Mr. SPECTER (for Mr. Alexander (for himself, Mr. Dodd, Mr.
Kennedy, and Mrs. Murray)) 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) In addition to any amounts otherwise
appropriated under this Act to carry out activities under the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et
seq.), there are appropriated--
(1) up to an additional $143,000 may be used to carry out
activities under title I of such Act (child abuse State
grants);
(2) up to an additional $212,000 may be used to carry out
activities under title II of such Act (community-based
resource centers); and
(3) up to an additional $2,100,000 may be used for child
abuse discretionary grants under such Act.
______

SA 1636. Mr. HARKIN (for Mr. Daschle) 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:

At the appropriate place in title II, insert the following:
Sec. ____. (a) Findings.--The Senate finds that--
(1) a recent Aberdeen Area Indian Health Service infant
mortality study identified protective and risk factors
associated with Sudden Infant Death Syndrome (referred to in
this section as ``SIDS'');
(2) several conclusions from the study suggest courses of
action to reduce the incidence of SIDS among Native American
and other high-incidence populations;
(3) the study noted that alcohol consumption by women of
childbearing age (especially during pregnancy), maternal and
environmental tobacco exposure during pregnancy, and
pregnancy by women under the age of 20 increase the risk for
SIDS;
(4) in 2000, for infants of African American mothers, the
SIDS death rate was 2.4 times that for non-Hispanic white
mothers;
(5) nationwide, SIDS rates for infants of Native American
mothers were 2.6 times those of non-Hispanic white mothers;
and
(6) the Office of Minority Health of the Department of
Health and Human Services has the expertise to coordinate
SIDS disparity reduction efforts across the Department of
Health and Human Services.
(b) Increase in Funding.--In addition to any amounts
otherwise appropriate in this Act to carry out activities to
reduce Sudden Infant Death Syndrome disparity rates, the may
be appropriated up to an additional $2,000,000 to enable the
Director of the Office of Minority Health of the Department
of Health and Human Services to carry out a demonstration
project, in coordination with the Administrator of the Health
Resources and Services Administration, the Director of the
National Institutes of Health, the Director of the Indian
Health Services, the Administrator of the Center for Medicare
& Medicaid Services, the Director of the Centers for Disease
Control and Prevention, and the heads of other agencies
within the Department of Health and Human Services (as
appropriate), to reduce Sudden Infant Death Syndrome
disparity rates, and to provide risk reduction education to
African American and Native American populations in the
United States, including efforts to reduce alcohol use by
pregnant women, support for smoking cessation (maternal and
secondhand) programs, and education of teenagers on the risk
factors for Sudden Infant Death Syndrome associated with
teenage pregnancy within African American and Native American
communities.
(c) Sense of the Senate.--It is the sense of the Senate
that in carrying out the demonstration project under
subsection (b), the Director of the Office of Minority Health
is encouraged to--
(1) expand upon the similar pilot program for Native
Americans that was funded by the Office of Minority Health;
and
(2) coordinate with the Administrator of the Health
Resources and Services Administration, the Director of the
Centers for Disease Control and Prevention, the Director of
the National Institutes of Health, the Director of the Indian
Health Services, the Administrator of the Center for Medicare
& Medicaid Services, and the heads of other agencies within
the Department of Health and Human Services (as appropriate)
to support activities to reduce alcohol use by pregnant
women, support smoking cessation (maternal and secondhand),
and educate teenagers on the risk factors for SIDS associated
with teenage pregnancy within the African American and Native
American communities.
______

SA 1637. Mr. HARKIN (for Mr. Kennedy) 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:

At the appropriate place in title II, insert the following:
Sec.____. (a) Automatic External Defibrillators.--There may
be appropriated up to, $2,000,000 to fund programs on
community automatic external defibrillators under section 312
of the Public Health Service Act (42 U.S.C. 244).
(b) Offset.--Of the funds appropriated under this Act for
the National Institutes of Health, $15,000,000 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 $6,905,199,000, and the amount $6,783,301,000 in
section 305(a)(2) of this Act shall be deemed to be
$6,773,301,000.
______

SA 1638. Mr. SPECTER (for Mr. Bond (for himself, Mrs. Clinton, Mrs.
Murray, Ms. Cantwell, and Mr. Schumer)) 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:

At the end of title I, insert the following:
Sec. ____. The Department of Labor may cease the
implementation of closing procedures for the Department of
Labor Employment and Training administration regional office
in New York City, New York, and the Employment and Training
Administration affiliate offices in Seattle, Washington,
Kansas City, Missouri, and Denver, Colorado until September
30, 2004.
______

SA 1639. Mr. HARKIN (for Mr. Feingold (for himself and Ms. Collins))

[[Page S11361]]

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. ____. From the amounts appropriated under the heading
Office of the Secretary, General Departmental Management
there may be made available an additional $2,000,000 to the
Health Resources and Services Administration for the purchase
of automatic external defibrilators and the training of
individuals in cardiac life support in rural areas.
______

SA 1640. Mr. SPECTER 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.   . Notwithstanding any other provisions of law,
funds made available under this heading may be used to
continue operating the Council on Graduate Medical Education
established by Section 301 of Public Law 102-408.''
______

SA 1641. Mr. SPECTER (for Mr. Chambliss) 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 28, line 6, strike ``$250,000,000'' and insert
``$260,000,000'' in lieu thereof.
On page 28, line 5, insert after ``; and'' the following:
``purchase,''
______

SA 1642. Mr. SPECTER (for Mr. Roberts (for himself and Mr. Conrad))
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 27, line 2, insert before the period the following:
``: Provided further, That up to $15,000,000 may be made
available to carry out the rural emergency medical service
training and equipment assistance program under section 330J
of the Public Health Service Act (42 U.S.C. 254c-15)''.
______

SA 1643. Mr. SPECTER 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:

At the appropriate place in Section 515(a):
Increase the amount by $37,455,000.
______

SA 1644. Mr. SPECTER (for himself and Mr. Byrd) 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 23, between lines 15 and 16, insert the following:
Sec. ____. (a) Findings.--Congress finds that--
(1) it is projected that the Department of Labor, in
conjunction with labor, industry, and the National Institute
for Occupational Safety and Health, will be undertaking
several months of testing on Personal Dust Monitor production
prototypes; and
(2) the testing of Personal Dust Monitor prototypes is set
to begin (by late May or early June of 2004) following the
scheduled delivery of the Personal Dust Monitors in May 2004.
(b) Re-proposal of Rule.--Following the successful
demonstration of Personal Dust Monitor technology, and if the
Secretary of Labor makes a determination that Personal Dust
Monitors can be effectively applied in a regulatory scheme,
the Secretary of Labor shall re-propose a rule on respirable
coal dust which incorporates the use of Personal Dust
Monitors, and, if such rule is re-proposed, the Secretary
shall comply with the regular procedures applicable to
Federal rulemaking.
______

SA 1645. Mr. HARKIN (for himself and Mr. Daschle) 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:

Add at the appropriate Place:

SECTION 1. DESIGNATION OF SENATOR PAUL D. WELLSTONE NIH MDCRC
PROGRAM.

(a) Findings.--Congress finds the following:
(1) On December 18, 2001, Public Law 107-84, otherwise
known as the Muscular Dystrophy Community Assistance,
Research and Education Amendments of 2001, or the MD CARE
Act, was signed into law to provide for research and
education with respect to various forms of muscular
dystrophy, including Dechenne, Becker, limb girdle,
congenital, facio-scapulohumeral, myotonic, oculopharyngeal,
distal, and EmeryDreiffus muscular dystrophies.
(2) In response to the MD CARE Act of 2001, in September
2002, NIH announced its intention to direct $22.5 million
over five years to its newly created Muscular Dystrophy
Cooperative Research Centers (MDCRC) program.
(3) Senator Paul D. Wellstone was a driving force behind
enactment of the MD CARE Act, which led to the establishment
of the MDCRC program.
(b) Designation.--The NIH Muscular Dystrophy Cooperative
Research Centers (MDCRC) program shall be known and
designated as the ``Senator Paul D. Wellstone Muscular
Dystrophy Cooperative Research Centers,'' in honor of Senator
Paul D. Wellstone who was deceased on October 25, 2002.
(c) References.--Any reference in a law, regulation,
document.

____________________