Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006

Date: June 24, 2005
Location: Washington, DC


DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2006 -- (House of Representatives - June 24, 2005)

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Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the distinguished gentleman from Ohio (Mr. Kildee) a well-known champion for Native American rights. We all have Native Americans in our States, and we have gaming.

But, Mr. Chairman, sovereignty is not inconsistent with decency and humanity and human rights. Sovereignty is not inconsistent with protecting underage workers and juveniles who are working. Sovereignty is not inconsistent with making sure that workers have a quality of life. And sovereignty is not inconsistent with international treaties which ensure that that happens in nations around the world.

This is a bad promise on a bad premise. And what we need to do is to work with the committees of jurisdiction and solve the problem, not eliminate the rights. I would hope that my colleague would join me on finding an amendment to stop the abuse of lobbyists who take money from Native Americans and Indian tribes and reservations and not do a darn thing with it.

I am offended by that. I will join the gentleman from Arizona (Mr. Hayworth) anytime he wants to come to the floor to get rid of lobbyists who take money from unsuspecting Native Americans and their businesses. That should be a question of criminal violation, but this one is one that can be solved with good law and good negotiations. I ask my colleagues to vote "no."

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MODIFICATION TO AMENDMENT NO. 15 OFFERED BY MR. HAYWORTH

Mr. HAYWORTH. Mr. Chairman, I ask unanimous consent that the amendment be modified.

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Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the distinguished gentleman for yielding. I hope we can find an opportunity to find common agreement.

Let me just say that my colleagues need to understand that the administration believes in this structured agreement, a totalization agreement, because they understand that when Americans are overseas working and getting benefits, that they would like those Americans to ensure that their benefits go with them. That is the same relationship we should have with Mexico, that when workers are here, their benefits gained here should follow them to Mexico.

I would oppose any language that would deny that right. I think the question of whether or not they are documented or undocumented, the administration needs to make that determination. I do not know if my colleagues are going to thwart the administration's desire to find some common ground on immigration.

If this language says that it is consistent with Federal law, then I hope that this Congress will work with the administration so that we will not be embarrassed internationally by denying nationals of another country their well-gained rights or benefits that they have gained working. We would not want that to happen to us.

I will listen further to the debate. I raise a concern that they are denying those who are working their well-earned benefits. One thing we can stand for is you deserve your pension rights, you deserve your Social Security rights, you deserve your uninsurance rights, your health care rights, and it should not be taken away from you.

Nevertheless, I hope my friends on the other side do not do that. If the language does not do that, I would say to my colleagues that if this is a good resolution, we certainly will join in with it.

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Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today to speak against this amendment which seeks to restrict illegal aliens access to the U.S. Mexican Social Security Totalization agreement. I cannot support this agreement, not for its intent, but because of the consequences of enforcing it. I agree with Mr. HAYWORTH that immigration is an issue that must be addressed. However, the remedy that this amendment creates would lead to more harm then good and violates a fundamental aspect of American ideals.

This amendment seeks to ensure that benefits can't be paid under the U.S. Mexico Totalization agreement for work inconsistent with federal law. Undocumented aliens working within the United States would meet the criteria of work inconsistent with federal law and therefore would be denied benefits. This method of dealing with our nation's immigration problem is not the answer. Social Security is a contract: you put money in, you get money out. Denying undocumented aliens the money that they put into social security is to violate what is at the very center of Americn ideals. Weare a country that values hard work. You get what you give. Refusing to grant Social Security benefits to undocumented aliens who have spent their entire lives working and contributing to the system is a blatant violation of contract law.

Our nation faces many challenges on the issue of immigration. Our Immigration system is far from perfect. We have Filipinos waiting 18 years just to have a person look over their application. We have families who are forced to wait years upon years to be reunited with their brethren. We need comprehensive reform. This amendment would denigrate the hard work of thousands of workers who have spent their lives working hard in this great nation. If an undocumented alien puts a dollar into the social security system this amendment would rob him of that dollar.

Is this the GOP's plan to solve the social security conundrum; to rob undocumented aliens of their social security benefits. To refuse to put more boarder guards on our frontiers, only to rob those who are attempting to create a better life for themselves. This is not immigration reform.

Our immigration situation is a problem that needs to be solved. I will be the first to admit that. But reforms such as this amendment are not the correct method to achieve that goal. We need comprehensive immigration reform.

I can not support this amendment because I feel it unduly robs undocumented aliens of their hard earned wages. This amendment will not solve our nation's immigration problems. It only serves to violate simple contract theory. I believe in an American in which you get what you put in. This amendment contradicts that belief and therefore I must oppose it.

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AMENDMENT OFFERED BY MR. ENGEL

Mr. ENGEL. Mr. Chairman, I offer an amendment.

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Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the distinguished gentleman for yielding me this time. I would like to compliment him on a very thoughtful amendment.

I would hope, as this idea makes its way through conference, we can be constructive as the reutilization of unexpended Ryan White CARE Act funds will be a very great need to our various States.

In 1988, 1989 when the Ryan White CARE Act was initially authorized, Texas was number 13 on the list of HIV-infected persons. We are still facing the devastation of HIV/AIDS, and we realize that the number one killer of African American women from 25 to 44 is HIV. In addition, we have seen it increasing in other populations, Hispanics and Asians.

So for the sake of States that have not yet expended these dollars, this is a very important amendment. In particular, in my community, the Donald Watkins Foundation, Brentwood, St. John's, Montrose Clinic, Montrose Counseling, and the St. Thomas Clinic would benefit from these dollars. But I hope we will find a way to work through with the gentleman, and I thank him very much for a very thoughtful amendment. We need these unexpended funds, and we need them now.

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Ms. JACKSON-LEE of Texas. Mr. Speaker I rise today to speak in support of Mr. ENGEL's amendment to the H.R. 3010, the Labor HHS Appropriations bill. Mr. ENGEL's amendment would grant states an extension to use their expiring, unexpended Ryan White CARE Act funds, appropriated in previous years, through fiscal year 2006. The amendment would therefore prohibit expiring funds from being returned to the Treasury before the end of FY06. Reports indicate that State AIDS directors unanimously agree that expiring unexpended funds must be put back into the CARE Act, rather than being returned to the Treasury as is currently the case.

While administering Ryan White Care Act funds, States and Eligible Metropolitan Areas periodically finish fiscal years with small amounts of unspent funds. These amounts, typically ranging from five or ten percent of overall awards, may be requested in the subsequent fiscal year to provide services during that fiscal year. The unspent funds typically result from delays in notice of grant awards from the Federal government, timing issues related to subcontracting of services, payroll savings due to State hiring delays or freezes, expenditure of other grant funds for similar services, or other unanticipated fluctuations in spending at the State level. Occasionally, the amount of unexpended funds reaches beyond ten percent of a grantee's overall award for reasons specific to the individual jurisdiction.

Currently, the FY06 Appropriations bill provides $2.1 billion for Ryan White AIDS programs, which is $10 million (2 percent) more than the current level but equal to the administration's request. This total includes $610 million for the emergency assistance program-which provides grants to metropolitan areas with very high numbers of AIDS cases--$1.1 billion for comprehensive-care programs, $196 million for the early-intervention program, and $73 million for the Pediatric HIV/AIDS program.

In closing, it is important for me to say a few words about Ryan White. As many of you know, as a result of his infection, Ryan White was expelled from his school, on the account of being a 'health risk' to other students. This shameful behaviour on behalf of the school board, as well as multiple death threats to him and his family, required the White family to move to Cicero, Indiana. Having found relative peace in Cicero, Ryan White began a nationwide campign to help educate communities about HIV/AIDS. His inscesant work landed him in Washington, DC to testify before the President's Commission on AIDS. His words, works, and wills, were enshrined in The Ryan White CARE (Comprehensive AIDS Resource Emergency) Act, signed 4 months after his death (April 8, 1990).

This is a very important issue, and I urge my colleagues to support the Engel amendment.

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Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise in support of the proposals that seek to prohibit the use of funds in the bill to distribute the personal information of Medicare and Medicaid beneficiaries to private companies for marketing purposes. The Americans who receive Medicare and Medicaid benefits already suffer from ailments that debilitate and weaken them from a health standpoint. This legislation should not be permitted to debilitate them from a fiscal standpoint either.

According to data, more people were covered by Medicare and Medicaid in 2003 than in 2002, while the percentage and number of people covered by their employers fell from 61.3 percent--175.3 million people-to 60.4 percent--174 million people. Mr. Chairman, this is a lot of people whose personal information could be jeopardized by the haphazard distribution to the marketing community.

The situation with Choicepoint and others should provide more than adequate proof that information can be used to harm people and that it can be done rapidly. Allowing funds to facilitate the free dissemination of personal information by the Federal Government only exacerbates the vulnerable nature of personal information databases. The Medicaid and Medicare databases were not created for the purpose of business development; therefore, the information contained in these databases should be protected unless consent is obtained from the person described therein.

For these reasons, Mr. Chairman, I support the gentleman's amendment.

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Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise today in support of the motion to recommit offered by Ranking Member OBEY to increase funding for priority education, health care, human services and job training programs by $11.8 billion. In terms of education programs, the bill eliminates 24 education programs funded at $526 million in 2005. The largest of the terminated programs is Comprehensive School Reform. The bill also eliminates drop out prevention activities, parent assistance centers, arts education, K-12 foreign language instruction, Ready to Learn, Ready to Teach, and community technology centers.

In addition, the bill cuts No Child Left Behind below the current level. Specifically, H.R. 3010 cuts the program by $806 million (3.3 percent). Next year, school districts must achieve increasingly rigorous NCLB academic standards, administer annual reading and math tests to 3rd through 8th graders, and meet new standards for highly-qualified teachers. Despite these facts, funding for the program will fall $13.2 billion below its FY06 authorization and cumulative shortfall since enactment of the program will exceed $40 billion under the bill.

As it relates to health care issue, the bill continues to make cuts across the board which either eliminates important programs or at least cuts there funding in half. For example, the bill cuts rural health outreach grants from $39 million in FY05 to $11 million in FY06. These grants support rural hospitals, clinics, health departments and other providers to help improve primary health cares services in rural areas (including dental care, mental health treatment, and hospice care).

H.R. 3010 also supports fewer healthy start grants. Specifically, the bill produces a $5 million (5 percent) cut in the Healthy Start initiative, which makes targeted grants to improve prenatal and infant care in areas with high infant mortality rates. This funding level will allow renewal or replacement of only about half the 12 Healthy Start grants up for re-competition in FY06.

I would also like to take a moment to express my concerns with some of the many funding cuts for Title VII programs in this year's appropriations bill. While I am pleased to see that funding was provided for Minority Centers of Excellence ($12 million) and Scholarships for Disadvantage Students ($35 million), I am disappointed that Area Health Education Centers, Health Education and Training Centers, and Health Professions Training Programs were all zeroed out. These programs have been addressing the needs of medically underserved communities in Texas since 1991 by playing a key role in providing health services and health care professionals for our most vulnerable populations.

In regards to job training, H.R. 3010 makes cuts to training, employment and unemployment services. Although the economy has not fully recovered from the last recession, and 7.6 million Americans unemployed in May 2005, the bill cuts $346 million (3.6 percent) from critical services to unemployed, displaced and incumbent workers.

In light of the above stated cuts, I strongly support the amendment by Mr. OBEY. Again, his amendment would increase funding for priority education, health care, human services and job training programs by $11.8 billion. These are very important programs and we must provide funding for them. I encourage my colleagues to support the Chairman's amendment.

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