Michael Enzi

Mr. ENZI

Mr. ENZI. Mr. President, I ask for the yeas and nays.

Mr. ENZI. I ask unanimous consent that the President be immediately notified of the Senate's action and that the Senate return to legislative session.

Mr. ENZI

Mr. ENZI. Mr. President, I ask unanimous consent that the Senate proceed to a period of morning business with Senators permitted to speak for up to 10 minutes each.

Mr. ENZI

Mr. ENZI. Mr. President, today the Senate affirmed its commitment to ensuring access to quality care for all Americans living with HIV and AIDS no matter their race, gender, or where they live. Today we finally have unanimous consent to pass H.R. 6143, the Ryan White HIV/AIDS Treatment Modernization Act. Senator Kennedy and I and our counterparts in the House have worked for nearly 2 years to address the concerns from every State and the hundreds of stakeholders who participated in our outreach efforts. We have reached broad consensus that this is the right policy at the right time. In the past few weeks, we have received letters of support from more than 100 leading AIDS service organizations calling for us to pass this legislation now. The Ryan White law must reflect the principle that every American living with HIV/AIDS deserves access to quality care, and this reauthorization is a step toward our goal of just and equitable treatment under this law. Our action today will ensure a more equitable program to provide not only AIDS patients but also HIV-positive Americans with the treatment they desperately need. The HIV/AIDS epidemic of today affects more women, more minorities, and more people in rural areas and the South than ever before. While we have made significant progress in understanding and treating this disease, there is still much more we must do to ensure equitable treatment for all Americans living with this disease. The epidemic is shifting, and our Federal programs must shift to meet this need and fight the epidemic where it is today and will be tomorrow, not where it was 10 or 20 years ago. The legislation passed unanimously by the Senate today does just that. An alarming 1.1 million Americans are living with HIV/AIDS today and the face of the epidemic is rapidly changing. The Kaiser Family Foundation has reported that while the number of AIDS cases in the Nation rose by 1 percent between 2000 and 2001, it rose by 9 percent in the South and fell by 8 percent in the Northeast. Newly infected people are increasingly likely to be poor, have inadequate access to health care, and be members of a minority community. For example, African Americans make up 19 percent of the South's population but accounted for over 60 percent of new cases in 2003. In addition, the growing number of rural Americans infected with HIV face already overburdened rural health care systems that have too few doctors, underdeveloped support systems, and long travel distances to care. Rural States and States in the South have a newer epidemic, with more HIV than AIDS cases, while urban areas with a longer history of the disease have a much higher percentage of AIDS cases. Because of old formulas that counted only AIDS cases, more than 100,000 Americans with HIV went uncounted, resulting in drastic funding disparities across the Nation. This has crippled the ability of health systems in rural and frontier States, like Wyoming, to confront this growing crisis. Today, with the unanimous passage of the compromise bill, the Senate has begun to correct these inequities and ensure that those traditionally overlooked by this program will receive the care and treatment they desperately need. The Ryan White program can now begin to address the epidemic of today, not yesterday, and treat the full spectrum of this disease. This legislation strengthens and modernizes the Ryan White program to ensure that all Americans with HIV and AIDS are counted, that appropriate funding is provided to those on the ground fighting this epidemic, and that State and city care systems are protected so they can continue providing quality care to their residents with HIV and AIDS. Senator Kennedy and I are committed to looking at the overall structure of this program beginning next year. We both want to ensure that when this reauthorization expires at the end of 2009, we have a comprehensive solution to the health disparities created by the current flawed formula for allocating Ryan White funding. This legislation is one step toward a more just and equitable program, and I look forward to continuing to strengthen and improve this program in the future. In whatever policy we have on Ryan White, I will insist on key principles first, that the money follows the epidemic so that our funding formulas can be responsive to the needs of Americans affected by the epidemic today and in the future. In addition, we need to ensure that we capture the need of an area better by going beyond simply including HIV in the formulas and develop other mechanisms to better account for the need on the ground. Ryan White is a safety net program, and we need to better understand how much of that safety net is being supported by local, State, and Federal dollars. Finally, I want to be clear to my colleagues that any new funding formula must ensure that we are providing care across the spectrum of the disease--from HIV to AIDS. In doing so, we provide the right incentives for providing lifesaving care as soon as possible. With that being said, I would like to close by thanking my colleagues and their staff both here in the Senate and in the House for their hard work in passing this critical legislation. I want to thank all the members of the Senate Committee on Health, Education, Labor, and Pensions, especially my friend and ranking member Senator Kennedy. I also thank our good colleagues on the House Committee on Energy and Commerce, Chairman Barton and Representative Dingell. This bill is yet another example of the good work that can be done when we put politics aside and work together to improve the lives of Americans. I am proud of the accomplishments I have achieved with Senator Kennedy in the 109th Congress, and I hope the 110th Congress is just as productive. I would like to offer special thanks to my colleagues who assisted me on the Senate floor in September when we previously tried to pass the bill. Senators Hatch, Burr, and Sessions were all instrumental in getting us to this great victory today. I want to mention their staff: Pattie DeLoatche and Karen LaMontagne with Senator Hatch, Liz Stillwell with Senator Sessions, and Jenny Ware with Senator Burr. I would like to offer a special thank you to Senator Coburn and Roland Foster, Stephanie Carlton, and Katy French of his staff. Senator Coburn helped educate our colleagues of the importance of getting this bill passed. Vince Vintimiglia, Marty McGeein, Laura Ott, Maury Huguley, Deborah Parham, and Adelle Simmons of the Department of Health and Human Services were crucial in guiding our efforts to help craft reforms to the Ryan White programs. Megan Hauck at the White House was also instrumental in helping us move this legislation forward. I would also like to thank Marcia Crosse, Martha Kelly, and Suzanne Worth of the Government Accountability Office for their tireless efforts to analyze different proposals and their effect on distribution of funding across the Nation. Through this entire process, Bill Baird of Senate Legislative Counsel and Pete Goodlowe of House Legislative Counsel have drafted countless legislative proposals and compromises and were invaluable in crafting the final language that reformed this program. Kathie Hiers of the Southern AIDS Coalition and Bill McColl of AIDS Action have provided critical support from the beginning of this process, without which much of our progress would not have been possible. In addition, there were numerous other individuals and organizations who helped us throughout the process. So as not to leave anyone out, I just want to express my appreciation to all of you who have continually labored with us to craft and pass this bill. As you can imagine, a process involving Republicans and Democrats in the House and the Senate over a year and a half involved many dedicated staffers and many late nights. I would like to specifically acknowledge Connie Garner and Alice Lam of Senator Kennedy's staff; Melissa Bartlett, Randy Pate, Ryan Long, and Katherine Martin of Chairman Barton's staff; and John Ford, William Garner, and Jessica McNiece of Congressman Dingell's staff for their diligence and determination as we worked together to craft this important and essential bill. Both the Republican and Democratic leadership in the Senate were incredibly helpful in helping us reach the final compromise. I would like to thank Majority Leader Frist and Elizabeth Hall of his staff and Minority Leader Reid and Kate Leone of his staff for their efforts. Finally, there are a number of individuals I would like to thank on my own staff for their dedication and determination to pass these critical reforms to the Ryan White CARE Act. First and foremost, I would like to commend Shana Christrup for her leadership, tireless efforts, determination, and unlimited patience. Without her knowledge of the policy and the process, this lifesaving legislation would not have been possible. I would also like to thank Katherine McGuire, my staff director on the HELP Committee. She keeps the trains running on time and keeps my team motivated to search for solutions when solutions seem to be exhausted. I also want to thank Stephen Northrup, my health policy director. He does a great job managing the health issues before the committee. I should also make special mention and thank Aaron Bishop for his expertise and incredible outreach with the stakeholders. He sat through countless listening sessions with stakeholders and staff to ensure their thoughts and concerns were incorporated in the legislation. Thank you also to Michelle Dirst, Brittany Moore, Keith Flanagan, Kori Forster, Todd Spangler, Amy Shank, Ilyse Schuman, Greg Dean, Lesley Stewart, and Megan O'Neil. All these Team Enzi members were instrumental in shepherding this legislation through the process. In addition, I want to thank chief of staff and anchorman, Flip McConnaughey, for his steady hand and helping us to stay the course. I urge the House to pass this final compromise this week to ensure justice and equitable treatment under the law for all Americans who struggle with the medical and financial burdens of HIV and AIDS.

Mr. ENZI

Mr. ENZI. Mr. President, I would like to recognize airman SMSgt Michael L. Lemke, stationed at Francis E. Warren Air Force Base in Cheyenne, WY. Senior Master Sergeant Lemke was selected as one of the Air Force's 12 Outstanding Airmen for 2006. The award is based on his superior leadership, job performance, and personal achievements. The Air Force honors the 12 Outstanding Airmen of the Year at the annual Air Force Association's Air and Space Conference and Technology Exposition in September. Over 352,000 Active-Duty airmen were considered for this award. I am pleased they recognized Senior Master Sergeant Lemke with this well deserved honor. I had the pleasure of meeting with Senior Master Sergeant Lemke while he was in Washington to receive his award. Senior Master Sergeant Lemke has been in the Air Force for 19 years and is the superintendent of the 90th Contracting Squadron at F.E. Warren AFB. He was also selected as the top graduate at the Senior Non- Commissioned Officer Academy out of 2,515 Senior NCOs who graduated in 2005. He recently returned from deployment in Iraq and I thank him for his sacrifice and service. Senior Master Sergeant Lemke is preparing to retire from the Air Force. I have always said that anyone wanting to live in Wyoming will do so if they can create a job. As chairman of the Senate Committee on Health, Education, Labor and Pensions and also a member of the Small Business Committee, I am pleased that Senior Master Sergeant Lemke will be entering the private sector as a small business owner in Cheyenne. He and his wife Maria, who is an accountant, will be partners in Front Range Nuclear Medicine. One of the biggest problems in rural America is access to health care facilities. Front Range Nuclear Medicine helps improve access to health care for people in Wyoming by transporting medical scanning technology to the hospitals. Before I came to the Senate in 1997, I operated a small business with my wife, and I wish the Lemkes the best of luck in this new endeavor. Again, I congratulate SMSgt. Lemke for his selection as one of the Air Forces' 12 Outstanding Airmen for 2006.

Mr. ENZI

Mr. ENZI. Mr. President, I rise today to honor SSN 773, the USS Cheyenne, for her 10 years of service in the U.S. Navy in defense of our freedom. On July 6, 1992, the keel was laid for the USS Cheyenne in Newport News, VA. She was launched on April 16, 1995. On September 13, 1996, Mrs. Ann Simpson sponsored the USS Cheyenne. I am pleased to now occupy the seat of Ann's husband, Senator Alan Simpson, in the U.S. Senate. Since September 11, 2001, the USS Cheyenne has been engaged in important missions as part of the global war on terrorism. The USS Cheyenne earned the distinction of the first to strike when she was the first ship to launch Tomahawk missiles in Operation Iraqi Freedom under the command of CDR Charles Doty. She would go on to successfully launch her entire complement of Tomahawks, earning a clean sweep for combat actions in the final 3 months of her 9 month deployment. That level of excellence continues today from her homeport in Pearl Harbor, HI. The USS Cheyenne is the last Los Angeles class submarine built and the third ship in our Nation's fleet named in honor of the city home to Wyoming's State capital. The first USS Cheyenne, a tug boat, entered service in 1898. The second USS Cheyenne, BM 10, was originally the monitor class USS Wyoming. In 1909 it was renamed USS Cheyenne to make the name available for the battleship BB 32, the new USS Wyoming. Fiction writer Tom Clancy further cemented the legend of the USS Cheyenne when he made the submarine a central player in a battle for the Spratly Islands in his novel ``SSN.'' Cheyenne, Wyoming's motto is ``Live the Legend.'' The 145 submariners who are aboard the USS Cheyenne have adopted the motto ``Ride the Legend.'' The city of Cheyenne has formed a special bond with the crew of her namesake. Each year the outstanding sailors of the USS Cheyenne are the guests of the city of Cheyenne for Cheyenne Frontier Days, the world's largest outdoor rodeo, and the daddy of them all. Many of the sailors have never been out West or been to a rodeo. For a week, the submariners enjoy Wyoming hospitality and have a chance to live the legend. It is a small chance for Wyoming and the people of Cheyenne to repay a debt of gratitude to the crew of the USS Cheyenne. CDR Richard Testyon, Jr., assumed command of the USS Cheyenne on June 4, 2006. I wish him well in his new command and thank CDR Charles Doty for his time at the helm. Commander Testyon brings extensive experience to the USS Cheyenne and will lead SSN 773 well. The best skippers are complemented by outstanding crew; I would like to honor the crew of the USS Cheyenne. They include EM3 Richard Akins, LTJG Andrew Alvarado, MM1 Cory Alvis, STS3 John Andrada, YNSA Alfonso Angel, STS2 Andrew Aubry, STSSA Raynor Barton, STS2 Adam Baugh, LT Brett Bayer, MM3 Gregory Benedict, ET1 Charles Berger, MM3 Tyler Bird, MMC David Blake, MM2 Steven Bolek, EM2 Nicholas Brechtel, MM3 Daniel Breedlove, ET3 Jeremy Brown, MM3 Jeremy Bruner, ENS James Bucklin, SK3 James Burnett, LTJG Rene Cano, LTJG David Ciha, MM2 Shayne Clemens, LTJG Christopher Clevenger, MMFN Clyde Comstock, FTC Jonathan Consford, CSSA James Couch, STSSN Colt Couture, MM1 Falanda Culp, LT Michael Darby, LTJG Drew DeWalt, MM3 Juan Diaz, ET3 Lucas Dunbar, MM1 Jack Durand, MM2 Jon Espinoza, YN1 Gregorio Familia, ET3 Joseph Filbert, ET3 Chad Fogler, STSSN Abraham Freet, MM2 Steven Frey, SKSN Christopher Fuller, ET3 Shane Garrod, MMFN Robert Gauld, LCDR John Gearhart, ET1 Christopher Ghramm, MM3 Warren Givens, FTC Russell Goltry, LT Parrish Guerrero, ET1 John Guthrie, ET3 Cory Hall, ET2 Long Han, MMFN David Harper, STS2 Christopher Heffernan, CSSN Jacob Holder, ET3 Stilling Horton, EM2 Angier Hsu, ETC Barry Hudson, EM3 Benjamin Huelle, CSCS Kenneth Hughley, ETC David Ingalls, ET3 John Ingle, EM3 Nicholas Jessee, MM2 Christopher Johnson, ET2 Robert Johnson, ET3 James Johnson, STSC Alan Jones, MM3 Edward Ketheley, EM1 William Lawrence, FT2 Sean Little, MM3 John Livengood, MM2 Justin Lynn, MM3 Jonathan Mac Dula, STS2 John Marsh, FT2 Xavier Martinez, ET3 Shaun McCarthy, STS2 Ryan McClure, MM3 Brian McEndree, MM2 Jeremy McLean, FT1 Nicholas Messina, SN Kenton Metzler, EM2 John Miranda, MM2 Thomas Mitchell, EM2 Ambrose Montera, EM3 Matthew Nesbitt, MM3 Hung Nguyen, MM3 Erik Nielson, ETSN Matthew Noland, STS2 Matthew Odom, MM3 Chad O'Hagan, ET1 Jonathan Okert, HMC Nathaniel Olipas, ET3 Steven Pack, CS1 Ted Paro, STS3 Brandon Pash, FT2 Donald Peachey, ET3 Errane Pearce, CS3 Wesley Peltier, ET1 Steven Perry, ETCS John Perryman, EM3 Michael Proskine, ET2 David Purser, ETC Raul Quintana, LTJG Eric Rasmussen, SKC Randall Riley, CS1 Harry Robinson, MM1 Alvin Rodriguez, FTC Damean Rogers, MM2 Douglas Ross, FT2 Anthony Rossi, LTJG Nicholas Saflund, ET3 Jacob Saylor, STSSN Charles Scaife, ET3 Derek Scammon, ET2 Kevin Scharkey, LCDR Ian Schillinger, ET2 John Schmidt, MMC Timothy Schreyer, LTJG William Sheridan, MMFR Grant Shirley, STS3 Levi Shockley, ETCS Gregory Silvey, STS1 Michael Simonds, ET3 Tim Simson, EM1 Jerome Smallwood, YNSN Michael Smith, ET2 Anthony Spartana, MMC John St. Clair, EMC David Stephens, MM3 Kevin Stewart, MMC Gary Strong, MM3 Jesse Swain, EM2 William Tabata, CDR Michael Tesar, MM3 Joshua Tomlinson, LTJG Christopher Topoll, CSSR Joshua Towles, LT Carl Trask, MMFR Justin Trickett, ET2 Eric Trumbull, FT2 Landon RG, MM1 Christian Watson, ET3 Kevin Watson, MM2 Robert Wehrmann, ETC Michael Willison, MM3 Nicholas Wittmann, STS2 Robert Wood, EM2 James Workman, CMDCM Andrew Worshek, and MM3 Charles Wreede. Again I congratulate the USS Cheyenne and her crew on the 10th anniversary of their service and thank them for their sacrifices in defense of our great Nation.

Mr. ENZI

Mr. ENZI. Mr. President, I am rising in support of the motion of my colleague from North Carolina to pass the bioterrorism and BARDA legislation. It is vital we pass this bill before we adjourn because our Nation's biopreparedness should be strengthened now and not put off until some distant time in the future. I urge all Members to support this motion and the bipartisan bill. As chairman of the Committee on Health, Education, Labor and Pensions, I know this issue has been a priority of both Democrats and Republicans on the committee. Senator Burr is the chairman of the committee's Subcommittee on Bioterrorism and Public Health Preparedness. It has been clear to me that he has directed a very open process that sought to get input from all stakeholders. In the past 2 years he has held at least eight hearings and roundtables on this subject, with witnesses representing a wide range of views and opinions. I also know that he held a lot of meetings with stakeholders, people who had an interest in this bill and ideas on this bill. He also hired some extremely professional staff with a lot of experience who could provide input and work to find those third ways of doing things when things were difficult. I have been pleased with the bipartisan effort and bicameral effort that he has made on this bill: to keep the House folks educated on what we were doing, to try to keep the Senate educated on what we were doing. The substance of this bill, accordingly, represents a consensus of what public health officials, experts, and public policy groups from around the Nation believe needs to be done immediately to protect the public health of our Nation's families and workers. While we have made remarkable strides in our efforts to identify and address our Nation's weaknesses to biological threats, the fact remains that our defense on these fronts is far from perfect. Despite our best efforts in Congress, and the administration's efforts, there are holes we must fill if we are going to adequately ensure our safety. Senator Burr has worked tirelessly in a bipartisan fashion in the HELP Committee to examine these conditions and construct a solution to appropriately address the current shortcomings of our biodefense. The product of that work is now the subject of this motion, and it deserves our support. Before we go home we all want to be able to tell our families and workers that we are taking all steps necessary to protect us from a natural, an accidental, or a deliberate public health threat. Supporting Mr. Burr's motion this morning is an essential step toward enacting these protections. The bill has two distinct parts. The first part is the creation of a new authority built upon the highly successful Department of Defense's defense advanced research projects. This authority would encourage the development of new bioterrorism countermeasures. It is a look into the future; a way to figure out, before it happens, what needs to be developed using experts who can then encourage people to develop those products. The second part is the reauthorization of the Bioterrorism Act. Both parts are necessary to ensure our Nation's biodefense security. A few years ago we had hoped that, through the creation of the bioshield fund, the pharmaceutical industry would create the drugs necessary to protect Americans. We cannot close our eyes and pray they have done what we hoped. They have not. The pharmaceutical industry is not commercializing enough drugs to fight infections diseases, whether they are spread naturally or through the effort of man. The rise in the incidence of antibiotic-resistant strains of diseases and the possible specter of bird flu is very disturbing and demands our immediate attention. It is clear that without the passage of this legislation little will change. The bill before us addresses this deficiency in a very similar strategy and process that we have seen to be effective with the Army through DARPA. By applying the successes of the DARPA programs to bioterrorism, we hope we can spur the industry to address this urgent need. It is not clear if this step is enough, but it is clear if we do nothing, nothing will change. The second portion of this bill also is vital to our biodefense preparedness. This part would reauthorize the Bioterrorism Act. To be clear, the Bioterrorism Act, which we passed after the anthrax attacks, was a giant step forward. The law has done a tremendous amount to help State and local governments prepare. However, at the same time, the specter of a pandemic bird flu was not on the horizon. In addition, we have learned a lot from the biohazard experience after the effects of Hurricane Katrina in the gulf coast. More needs to be done to assure that State and local public health agencies know exactly what needs to be done and how they should be prepared. The bill strengthens what we have already started to do and gives us the flexibility to prevent biological events from happening in the future. We cannot put off for another day the vital biodefense preparedness provisions contained in this bill. Our families and workers need this help today. I urge my colleagues to support the motion. I support my colleague from the State of North Carolina as he tries to address this legislation immediately. I thank him for all of his hard work to get us here today. I have not seen anybody dig into an issue to the level that he has, to get the expertise that he has in a very difficult area. We were pleased when he came over from the House to be part of the Senate and brought the expertise on this kind of bill with him. He has done a tremendous job, and I appreciate the way he has reached out to get something done. It is my understanding that there might be an objection to going ahead and doing this today. Normally, at this point we would read a unanimous consent request to get on the bill, but it is my understanding that no one is going to come down from the other side of the aisle to object, and I can tell you I am not going to object to that on anybody's behalf. Civility in the Senate says if the other side doesn't show up to object, somebody is supposed to object on their behalf. I am not going to do that. Instead, I am going to put off the request until later, until somebody can actually be here to object because I have difficulty imagining that people would object to this kind of national security at this point in the history of the United States. So with that announcement, I will allocate the remainder of the time to the chairman, who has been working diligently on this bill, and let him give a few more informational views and comments and allocate the rest of the time. I thank Senator Burr for his tremendous efforts, the tremendous work that has gone on up to this point. We do need to finish it now. I yield the floor.

Mr. ENZI

Mr. ENZI. Earlier this afternoon, there were comments made in the Senate by the Senator from New York, Mrs. Clinton. Some of those comments distressed me a little bit. We have been trying to get the Ryan White Care Act, which passed out of committee and passed on the House floor, to pass in the Senate. This is one of those rare bipartisan, bicameral bills. We worked it out in advance with the House so the bill the House passed is essentially the bill we passed out of committee. It is a modernization act that would ensure equitable distribution of funds for HIV/AIDS treatment in the United States. I am compelled to discuss some of the points that the Senator from New York made today about the Ryan White Care Act and our bipartisan bicameral legislation. I will talk about each of her claims in turn. Senator Clinton claimed that when you look at the funding for the whole bill, New York is not receiving the most funds per case. I don't doubt those figures. However, those are deceptive numbers. As an accountant, I have to point that out. They are deceptive for two reasons. First, her statement dealt only with funds per AIDS case. We have been talking about including HIV cases as well. Why would she neglect to include HIV? I assume it is because 25 States have 50 percent of their HIV/AIDS cases not being counted today because those individuals have HIV, which has not progressed to AIDS. Please note that all of my numbers have included both HIV and AIDS. We must include HIV in the funding formulas. Before, including only AIDS made sense because we were just waiting for people to die. Now, we have lifesaving treatment for those with HIV; therefore, we must count each person who can receive lifesaving care. Additionally, Senator Clinton is looking at more than just the formula funding. Her figures include funding for community health centers, health care providers, providers who reach out to women and children. Thus, her figures include a lot of extra funding that is not at the heart of the debate. If Senator Clinton wants to rely on these numbers, numbers outside of the formulas, then she can do so under the current bill. She can trust that the other portions of the CARE Act will assist those who she is saying are being harmed by the bill. As for her claim that her State has not spent Ryan White funds for things such as dog-walking, I will note that the Senator from Oklahoma provided information for the record regarding that. Now, Senator Clinton further claims that New York only carried over $3 million. Well, I find that surprising, given that New York, on the average, has carried over $29 million. Mr. President, I ask unanimous consent to have printed in the Record a document from the Health Resources and Services Administration documenting the funds carried over for New York.

Mr. ENZI. Mr. President, I am sorry to hear the objection. We have been trying to find a way, any way, to be able to move on to a vote on this bill that is bipartisan, bicameral. It has already passed the House and I am sure it would pass here. So I am really disappointed. Mr. President, I allocate 5 minutes of time to the Senator from North Carolina, Mr. Burr.

Mr. ENZI. I thank the Chair, and since there is a Senator now here from one of the two states objecting to us moving on with the Ryan White HIV/AIDS Treatment Modernization Act, I would like to propound the unanimous consent. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 6143, which was received from the House. I ask unanimous consent that the only amendment in order be an amendment by Senator Lautenberg, which is the text of S. 3944, with 30 minutes of debate equally divided. I ask consent that following the disposition of that amendment, the bill, as amended, if amended, be read the third time and passed, a motion to reconsider be laid upon the table, and that any statements relating to the bill be printed in the Record.

Mr. ENZI. Mr. President, I yield 10 minutes to the Senator from Utah, Senator Hatch, who has been actively involved in the HIV/AIDS discussion for years. In fact, he selected the Ryan White name for this bill many years ago when he chaired this committee.

Mr. ENZI. Mr. President, I will yield 5 minutes to the Senator from Alabama, Mr. Sessions.

Mr. ENZI. Mr. President, for the last few seconds I am going to just mention that the bill by the Senators from New York and New Jersey was introduced on Tuesday. Surely they have had time to think about having that amendment debated and voted on in that amount of time. I am really disappointed that they won't give some kind of an answer that will allow a vote on that amendment. If that is what they need for cover, that is OK with me. I just need to get this done. New York and New Jersey are stealing the future from those with HIV, and that just cannot happen in the U.S. Senate. We have to worry about all the people from all of the United States, and that is what the reauthorization would do. That is why it is important to do it. I have asked those questions numerous times now trying to find a way to bring this bill up for a vote, and am being denied in every way--I am not being denied--those with HIV, those with AIDS, their families are being denied the right to have a vote on this bill in the U.S. Senate.

Mr. ENZI

Mr. ENZI. I am happy to yield for a question.

Mr. ENZI. I thank my neighbor from Colorado. As we set it up earlier, we have been alternating times. I am glad that I have the opportunity to speak right after the Senator from New Jersey. I know he turned down the unanimous consent request earlier. I am hoping that he will accept the unanimous consent this time. Tomorrow is a very critical time for people in the United States. These States, the red states in this chart in particular, will start losing significant funds at midnight tomorrow night if the current failed formula is not fixed. California loses $18.78 million; Connecticut, $3.2 million; the District of Columbia, $6.93 million; Delaware, $1.52 million; Georgia, $9.68 million; Illinois, $12.48 million; Oregon, $1.38 million; Pennsylvania, $9.25 million; Washington, $2.42 million; Maryland, $11.64 million. We can fix this formula tonight. A solution, passed overwhelmingly in the House, is before us now. I appreciate the letter that I got from the Senator from Maryland, Ms. Mikulski, reminding me that this goes into effect tomorrow and asking me to get the Ryan White bill done. Now, when we reauthorize this program by using the bill that came out of my committee and passed overwhelmingly in the House, there will be some changes to the formula--saving many States from significant and critical losses. Instead of California losing $18.78 million, they will gain $15.38 million because the money is going to follow the cases, and they are not going to get the penalty that they would have under current law. I have the chart that shows the gains for a number of States. All the ones that I mentioned would have gains instead of losses. So this is a critical piece of legislation to all of these States. We are talking about unfairness and inequity. This isn't the only bill on which we are changing formulas so they more accurately address the problems they were meant to address. The reason we have reauthorizations is so that on a regular basis we can review the monies going to States, see how it is allocated, see if it needs to be allocated on a different basis so that it is more fair. Our committee ran several hundred evaluations to see different kinds of formulas at the suggestion of members of the committee and Members of the Senate to see what the fairest way would be to do this bill. Now, not only did we pick the fairest way to transition, by holding those States harmless for 3 years, but we chose the fairest formula in the long-term that ensures that Americans with HIV/AIDS get the treatment they need on an equitable basis no matter their race, gender, or where they live. I have to tell my colleagues, there is not another bill we have done that allows this kind of inequity--under current law--to continue to give those States time to prepare for the formula shift. Of course the States that do not obtain equality for 3 years are usually pretty upset. They think that the equality ought to come in much earlier in the process. So we had a number of States that said, How come it gets to be unfair for that long? We said we are going to try to protect these States so they have a time to transition, so they prepare their systems for the change in the funding. One of the things that was raised earlier this afternoon was that it is more expensive to live in New Jersey. It is more expensive to live in New York. It is pretty expensive to live in DC, too, and DC is going to lose $6.93 million, if we don't pass this legislation. If we pass this bill, they are going to gain $4.35 million. It is a change for a lot of States, but it is a change to fairness based on the number of people with HIV/AIDS, not the number of institutions that we have been funding in these States. This program is not for economic development. It is not a way to keep jobs. It is a program to keep patients alive. On these other bills I have been working on--the Older Americans Act--includes a 5-year transition. Some of the States said, By golly, we have been cheated for years. We ought to get our money faster, but they have agreed to a 5-year transition. The ones who are losing money have said: Okay, we understand, that is fair. You gave us a time to transition. We have 9 or 10 bills that my committee has to do that deal with formulas. I can tell you the first reaction of every Senator, including myself, is to say: Print the chart out, see what happens to my State. Naturally, you get upset if your State is not going to get as much money as they got before. But, fortunately, the majority of the Members around here look and say, Is the amount I am getting fair? Higher costs--I want to go back to that again. What we are providing are the AIDS drugs, and the AIDS drugs cost the same all over this country. It doesn't cost more for an AIDS drug in New York than it does in Wyoming. As for expenses, we only have a couple of big cities in Wyoming--Cheyenne is 52,700-and-some people, that is our biggest city; Casper is next with a little over 50,000, and then it drops off significantly. If a third of your towns have less than 250 people in them, how many of those do you think have a hospital? How many of those even have a doctor to look at somebody with HIV/AIDS? They have to travel a long way at great inconvenience and great cost. We don't cover that. We cover the treatment. When we crafted the current funding proposal, we ran dozens of these various formula options to see which was the fairest way to do it, which one created the least amount of disruption. That is how we came up with the current funding formulas in this bill. We are being asked, of course, to consider another bill, introduced on Tuesday of this week by the Senators from New York, New Jersey, and Florida. I believe we should debate this bill. However, I have problems with this bill because what that other bill does is delay this argument over funding formulas for 1 year. It doesn't do the equity for sure at any time. So in our bipartisan, bicameral bill, what we said is we will delay equity for 3 years. Three years is better than 1 year, so I really don't understand why anybody is holding this bill up. I understand that they lose money. I understand that. However, they are grossly overpaid. As I have shown before, under the current law, the State of New York gets $504 more than the average per patient across the rest of the Nation. New Jersey gets $310 more per person than the average across the rest of the Nation. Under the reauthorization, New York will still get $304 per person more; New Jersey will still get $88 per person more. As I have mentioned, all of the funds have not been spent every year. So we are saying New York does not want to share even what did not spend. I can understand Senators being concerned over losing the money. What I am just asking is we take a look at the whole national picture, just like we are taking the whole national picture in some other bills pending before the HELP Committee. For all of those bills, I pledge that during this next year we will have hearings where we look at the formulas in these other bills and see how we can transition more quickly than we have been doing, to move toward equity. If you have people who are dying of AIDS and you have people who cannot be treated for HIV, you have a real problem. We are not talking about parks or things that might be considered luxuries. We are talking about life and death. The earlier we start treating people, the more chance they have for survival. Fortunately, very fortunately, there have been a lot of drugs that have been developed for the market that make a difference, now, for those infected with HIV; these drugs will extend their lives. We don't have to wait until they are in the AIDS category to do that. We don't have to do that to give them as good a life as possible. We can start providing life-saving treatment when we know they have HIV. We can positively extend their lives. That is what we are trying to do with this bill. Under the other bill, introduced on Tuesday of this week, the supporters are eliminating, again, the count of HIV, the ability to treat those with HIV. As far as fairness, don't you think we ought to treat as early as we can with the capability that we have instead of just waiting until they have AIDS and then counting them and pay for them? The other bill doesn't take into account the HIV folks at all. If I were one of the Senators from those two States, and I have been holding out this long, I would be here yelling too, I guess, because I would have to explain why I was doing what I'm doing--and not just to the people in my State. I would have to be explaining why I was being an obstructionist for life-saving care to the whole Nation. Of course, those outside my State don't get to vote for me, but we do have an obligation to all of those folks across the Nation. When we have equitable funding formulas, if States come up with a higher HIV/AIDS population than we thought they would have, we may have to put more money into it. But the additional money ought to come with the additional cases. We ought to have some numbers to back up what is happening, and not everyone has the numbers to back up their current funding. We have some waiting lists, waiting lists of people who are waiting for life-saving treatment. But if they look at the waiting list they may say, I am not going to gain treatment anyway, so why would I even get on a waiting list? Thus, there may be thousands more, not seeking treatment because, where they live, we are not treating them equitably. I do know there are some difficulties out there. I know the time to vote on Ryan White is now or never because as soon as the clock strikes midnight tomorrow night thousands of Americans will start losing access to the life-sparing treatment unless we pass the bill now. I can't understand why four Senators are denying people suffering from HIV/AIDS to vote on this critical legislation to create a more equitable program. Earlier today, the Senators from New Jersey and New York suggested that the answer to the inequities in Ryan White is more money. I say we can talk about more money in Ryan White as soon as the States that are hoarding funds allow current dollars to focus on those in need, individuals on waiting lists throughout the country. We have to address the current inequities, not compound them by just adding more dollars to a failed funding formula. We don't want to continue to have the rich States get richer while the poor States get poorer. The Senator from New Jersey also suggested this bipartisan bicameral bill was not supported by minorities because the National Minority AIDS Council did not support the bill. One council does not capture all the minorities. In fact, over seven minority organizations, including the Alaska Native Tribal Health Consortium, Brother 2 Brother, Latino Coalition, League of United Latin American Citizens, the National Black Chamber of Commerce, the National Minority Health Month Foundation, and the New Black Leadership Coalition support this bipartisan bicameral product. In addition, 34 other organizations support this key legislation, including key national advocate organizations such as AIDS Action, AIDS Healthcare Foundation and the Southern AIDS Coalition. I ask unanimous consent the full list of supporting organizations be printed in the Record.

Mr. ENZI. I would like to propound a unanimous consent request and ask unanimous consent to be able to propound the request. Unanimous Consent Request H.R. 6143 I ask unanimous consent the Senate proceed to the immediate consideration of H.R. 6143, which was received from the House. I ask unanimous consent that the only amendment in order be an amendment by Senator Lautenberg or one of the Senators from New Jersey or New York, which is the text of S. 3944, with 30 minutes of debate equally divided. I ask unanimous consent that following the disposition of the amendment, the bill as amended, if amended, be read the third time and passed, the motion to reconsider be laid upon the table, and that any statements relating to the bill be printed in the Record.

Mr. ENZI. Mr. President, it is my understanding that the Republicans have an extra 15-minute slot.

Mr. ENZI. I have been allocated in that slot.

Mr. ENZI

Mr. ENZI. Mr. President, I rise today to encourage my colleagues to pass H.R. 6138, which would provide for a temporary extension of the Higher Education Act of 1965 by extending its provisions through June 30, 2007. This extension, unfortunately, is the sixth time the Higher Education Act has temporarily been extended. It is now critical to move forward with the Higher Education Act and reauthorize the remaining discretionary programs. As my colleagues know, the mandatory portions of the higher education law were reauthorized in February under the Deficit Reduction Act of 2006. We have the bill out of the Senate Committee on Health, Education, Labor, and Pensions, but haven't had the floor time to debate it. I am making the Higher Education Act a top priority for 2007 because postsecondary education is the key to the future successes of our students, our communities, and the economy.

Mr. ENZI

Mr. ENZI. Mr. President, I ask unanimous consent the order for the quorum call be rescinded.

Mr. ENZI

Mr. ENZI. I ask unanimous consent that David Schmickel be granted the privilege of the floor.

Mr. ENZI. I ask unanimous consent to grant floor privileges to Lesley Stewart of my staff for the duration of the day.

Mr. ENZI

Mr. ENZI. Mr. President, I ask unanimous consent the order for the quorum call be rescinded.

Mr. ENZI

Mr. ENZI. Mr. President, today I would like to talk about a very important piece of legislation sent over by the House of Representatives to the Senate last night. The Older Americans Act Amendments of 2006 will reauthorize the vital programs to assist the quickly growing elder population. During the reauthorization it became apparent that the elderly population is growing more quickly in certain areas than others. This was highlighted in newspaper articles this week and has been a key issue for my colleague from North Carolina. In light of this, I propose that the Committee on Health, Education, Labor and Pensions hold hearings during the coming Congress to review formulas for federal programs and how those formulas are developed to determine the fair and equitable distribution of funds. The committee will focus its attention on how funds must follow the people and the need. In other words, how do we make sure that federal monies are going to the areas of greatest need which are in many instances the fast growing areas of our country and how do we eliminate inequities in funding that exist under current formulas and which in many instances disadvantage high-growth states. Finally, I propose that the committee begin its reauthorization of the Older Americans Act no later than 3 years after the passage of this bill.

Mr. ENZI. I would like to thank my colleague from North Carolina for his support of our bill. He was very important in the drafting of this legislation. I urge my colleagues to support us in this important legislation for our growing elderly population and to work with Senator Burr and me, in the coming Congress, to ensure that federal funds follow the need and their intended recipients. Mr. President, I rise today in support of the passage of the Older Americans Act Amendments of 2006. I am pleased at the support that this bill has received in the Senate and in the House. I especially want to thank Senator Kennedy, the ranking member of the Committee on Health, Education, Labor, and Pensions. In particular, I thank Senator DeWine, the chairman of the Subcommittee on Retirement Security and Aging. Senator DeWine provided immeasurable leadership in the passage of these amendments, as did Senator Mikulski, the subcommittee ranking member. In addition, I thank the members of the House Committee on Education and the Workforce for their diligence in moving forward with this legislation: Representative Buck McKeon, Chairman; Representative George Miller, ranking member; Representative Patrick J. Tiberi, chairman of the Subcommittee on Select Education; and Representative Ruben Hinojosa, subcommittee ranking member. The Older Americans Act Amendments of 2006 is the primary source for the delivery of social and nutrition services for older individuals. Enacted in 1965, the act's programs include supportive services, congregate and home-delivered nutrition services, community service employment, the long-term care ombudsman program, and services to prevent the abuse, neglect and exploitation of older individuals. The act also provides grants to Native Americans and research, training, and demonstration activities. Title I of the Older Americans Act sets broad social policy objectives to improve the lives of all older Americans. It recognizes the need for an adequate income in retirement, and the importance of physical and mental health, employment in community services for older individuals and long-term care services. Title II establishes the Administration on Aging, AOA, within the Department of Health and Human Services to be fhe primary Federal advocate for older individuals and to administer the provision of the Older Americans Act. It also establishes the National Eldercare Locator Service to provide nationwide information with regard to resources for older individuals; the National Long-term Care Ombudsman Resource Center; the National Center on Elder Abuse; the National Aging Information Center; and the Pension Counseling and Information Program. The 2006 amendments authorize the designation of a person to have responsibility for elder abuse prevention to develop a long-term plan and national response to elder abuse prevention, detection, treatment, and intervention. It also authorizes the Assistant Secretary to designate an individual to be responsible for administration of mental health services and authorizes Aging and Disability Resource Centers. Further, the 2006 Amendments strengthen the leadership of the Department of Health and Human Services through an interagency coordinating committee to guide policy and program development across the Federal Government with respect to aging and demographic changes. Title III authorizes grants to fund 655 area agencies on aging and more than 29,000 service providers nationwide. Title III services are targeted to those with the greatest economic and social need, particularly low-income minority persons and older individuals residing in rural communities. The 2006 amendments will authorize organizations with experience in providing volunteer opportunities for older individuals to be eligible to enter cooperative arrangements; require state agencies to promote the development and implementation of state systems that enable older individuals to receive long-term care and community-based settings in accordance with needs and preferences; encourage both States and area agencies on aging to plan for population changes; improve access to supportive services that help foster independence; require nutrition projects to prepare meals that comply with the most recent Dietary Guidelines; and reauthorize the National Family Caregiver Support Program. Title IV supports a wide range of ongoing research and demonstration activities that will enhance innovation, identify best practices and provide technical assistance for older individuals. The 2006 Amendments will permit competitive grants for planning activities that will benefit the aging population; assessment of technology-based models to aid in remote health monitoring systems, communication devices and assistive technologies. Further, it includes Hispanic serving institutions among those eligible to compete for grants to provide education and training in the field of aging; reauthorizes grants to improve transportation services for older individuals; ensures increased awareness of mental health disorders among older individuals; and authorizes development of innovative models of service delivery to ensure older individuals may age in place, as they are able and as they choose. Title V authorizes the community service employment program for older Americans--known as the Senior Community Service Employment, or SCSEP-- to promote part-time opportunities in community service for unemployed, low-income persons who are 55 years or older and who have poor employment prospects. It is administered by the Department of Labor. This program represents approximately one-quarter of Older Americans Act funds--$432 million out of $1.78 billion in fiscal year 2006. This program is operated by States and national grantees awarded competitive grants and supported 61,050 jobs and served approximately 91,500 individuals in fiscal year 2005. The 2006 amendments establish 4-year grant cycles for the competitive program and prohibit poor performing grantees from competing during the next grant cycle. It expends participation for eligible individuals who are underemployed and establishes a 48-month time limit for participation in the program with a waiver for particularly hard-to-serve individuals. It establishes an overall grantee average participation cap of up to 27 months and authorizes a waiver of up to 36 months. Title VI provides funds for supportive and nutrition services for older Native Americans. The 2006 amendments will provide increase the Native American caregiver support program through 2011. Also, Title VII authorizes programs for the long-term care ombudsman, elder abuse, neglect and exploitation prevention, legal service developers and vulnerable Native American elder rights. The 2006 amendments will enhance the elder abuse prevention activities by awarding grants to States and Indian tribes to enable them to strengthen long-term care and provide assistance for elder justice and elder abuse prevention programs. It will create grants for prevention, detection, assessment, treatment of, intervention in, investigation of, and response to elder abuse; safe havens demonstrations for older individuals; volunteer programs; multidisciplinary activities; elder fatality and serious injury review teams; programs for underserved populations; incentives for longterm care facilities to train and retain employees; and other collaborative and innovative approaches. Finally, the National Resource Center for Women and Retirement is a highly successful program run by the Women's Institute for a Secure Retirement''--WISER--a nonprofit organization dedicated to ensuring the security of women's retirement income through outreach, partnerships, and policy development. We know that many older Americans lack financial knowledge, and that financial education is needed. This program provides a helpful service and should continue to be funded so as to expand its various programs for older Americans, including financial literacy. The proportion of the population aged 60 and over will increase dramatically over the next 30 years as more than 78 million baby boomers approach, or have already reached, retirement. It is essential that in the coming years Congress and the Federal Government take a leadership role in assisting the States in addressing the needs of older Americans. The bill we offer today will ensure that our Nation's older Americans are healthy, fed, housed, able to get where they need to go and safe from abuse and scams. The number one resolution of the 2005 White House Conference on Aging called upon Congress to reauthorize the Older Americans Act during the 109th Congress. I am pleased that the Senate and the House are accomplishing this goal on behalf of one of our Nation's greatest resources--our older Americans. Before closing, I want to thank certain staff of the committee for their hard work and long hours in making this reauthorization a reality. I would especially like to thank the following staff members: Katherine McGuire, Ilyse Schuman, Greg Dean, Lindsay Morris, Karla Carpenter, Kori Forster, Lauren Fuller, Michelle Dirst, Brittany Moore and Will Green. Also, I would like to thank the many others who have supported this effort, including Carol O'Shaughnessy and Richard Rimkunas of the Congressional Research Service, and most notably the work of Liz King in the Senate's Office of Legislative Counsel in supporting the drafting of this legislation. Also, I thank the work of the many staff on the other side of the aisle for their contributions toward passage of the bill. I urge my colleagues to support this legislation in light of the growing needs of our population to ensure that the services they need in the coming years are available to them.