Expressing the sense of Congress that Dorothy I. Height should be recognized for her achievements as a civil rights leader, dedicated activist working to fight racial and social prejudice, and for her lifetime commitment to improving the opportunities available to the most vulnerable in society.
Legislative Activity
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Referred to the Subcommittee on Civil Service and Agency Organization.
March 5, 2003
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Introduced in House
February 27, 2003
Referred to the House Committee on Government Reform.
February 27, 2003
Referred to the Subcommittee on Civil Service and Agency Organization.
March 5, 2003
Floor Debate
24 membersWhat members said about H.Con.Res. 68 on the floor
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Floor Debate
24 membersWhat members said about H.Con.Res. 68 on the floor
Reserving the right to object, Mr. President, with the Senator's permission--and I know he has the floor--I suggest the absence of a quorum. Mr. President, reserving the right to object, I think we…
Reserving the right to object, Mr. President, with the Senator's permission--and I know he has the floor--I suggest the absence of a quorum.
Mr. President, reserving the right to object, I think we are headed in the right direction. I wanted to state to my friend that Senator Dodd is offering his amendment. He is going to speak for a while. We have Senator Dayton coming at 1 o'clock. We hope we will get permission then to set aside the Dodd amendment so we can consider the Dayton amendment, which is on corporate expatriation. He should not take too long.
I hope the majority will give us consideration to set aside the Dodd amendment then because, if we are going to work through all of these amendments, we are going to have to have cooperation on both sides. I have no objection to the unanimous consent request.
I ask unanimous consent that I be added as a cosponsor to this important amendment.
I say to my friend from Connecticut, his speech said it all. In addition to the speech he gave today, he has been a vocal advocate for change for many years. He is to be complimented and applauded for his work.
I hope this amendment passes. Every amendment we have offered on this side has been very important. We have not done very well with the amendments because they have been straight party-line votes. In this instance, I hope the children Senator Dodd has talked about would be taken into consideration.
As indicated, it would be so important to the State of Nevada. It is a modest increase but it would certainly take care of a lot of problems that the school districts have in Nevada.
Again, I congratulate my friend from Connecticut and hope very much this amendment will pass.
Will the Senator yield?
It is my understanding you will offer an amendment in a different form than the Dodd amendment, and there would be two side-by- side amendments; is that right?
We are working on that. I spoke to Senator Dodd and he feels we would have 30 minutes equally divided prior to the vote.
The two leaders have to work out what the sequence of votes is going to be. We have the Dodd amendment which has been laid down. We have the Edwards amendment which is pending. We have Senator Reed of Rhode Island offering an amendment on LIHEAP, cosponsored with Senator Collins. We have Senator Dayton coming in a few minutes to offer one on corporate expatriation. They have to figure out the sequencing of votes. We are trying to do as we have been told--to offer as many amendments as possible. I suggest this can be worked out between the Senators from New Hampshire and Connecticut, but we would like to get to this.
If my friend will withhold, my only point is that we have been trying to do as your leader wants us to do and line up a bunch of amendments. We have Senator Dayton coming at 1 o'clock, and I have announced that previously. He is not going to take too long. But I am happy to go along with what the Senator suggested. We will get the Reed amendment laid down and come back to the Dodd amendment.
I think the Senator's original suggestion is the better of the two. I ask unanimous consent the Dodd amendment be set aside and Senator Reed be recognized to offer his amendment, speak up to 15 minutes, and then we will return to the Dodd amendment and try to work out something.
There will be ample time later for her to do that.
Yes.
Mr. President, reserving the right to object, we know the Senator is acting in good faith. We don't have a copy of this amendment. We have a pretty good idea of what it is. We are confident that we have a general understanding of the amendment. We believe this would be appropriate.
We hope, when this debate is completed, that Senator Dayton will have an opportunity to offer his amendment. He is scheduled to be here at 1 o'clock. Senator Inhofe is also here. But let us take one step at a time. Therefore, we have no objection. Let me also say that debate on this may not all be completed this afternoon. Senator Dodd would reserve whatever time is left of his 30 minutes.
Mr. President, this has been cleared with the majority. I ask unanimous consent that the consent request with respect to the Edwards amendment be modified to the Senate resuming consideration of the amendment at 2:15 p.m., with the previous provision still applicable.
Mr. President, the Senator from Connecticut has reserved his time, as has the Senator from New Hampshire. I am going to suggest the absence of a quorum and, shortly thereafter, call it off with hopes we can move to the Dayton amendment and set aside the pending amendments.
I suggest the absence of a quorum.
Mr. President, I ask unanimous consent that the time that Senator Gregg and Senator Dodd have remaining be preserved and the quorum call, which I will make immediately, not be charged to their time.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, my friend from Wyoming is here and wishes to speak on the Edwards amendment. Under the order we just entered, that is not to recur until 2:15 p.m. If the Senator wishes to speak, we can take him out of order, if Senator Dayton is willing to wait 10 minutes while the Senator from Wyoming speaks.
Mr. President, I, therefore, ask unanimous consent that the pending amendment be set aside; that Senator Dayton be recognized to offer an amendment on corporate expatriation; and that following his recognition, Senator Thomas be recognized for 10 minutes to speak on the Edwards amendment.
Mr. President, I say to my friend, if he will simply seek recognition and send his amendment to the desk, then Senator Thomas will be recognized to speak for 10 minutes.
Amendment No. 80
I would like to ask the Senator a question. I personally appreciate the Senator stepping forward. It should come from the State of Minnesota. Senator Wellstone believed in this strongly.
I remember the Senator advocating this. When I think of our friend Paul and his untimely death in the terrible airplane crash, I feel badly. I feel good about your moving forward with this amendment that Paul and I worked on together in the Senate. It is a modest amendment.
The Senator recognizes, does he not, that this amendment does not apply to nonhomeland security or defense contracts? Maybe we will do something about these companies later. I don't believe they should be able to have a contract with Health and Human Services, with the Department of the Interior, or any of the Federal agencies. However, we have limited this amendment to homeland security and defense. Does the Senator acknowledge that?
The Senator would also acknowledge, would he not, that this is not a permanent ban. All they have to do is say let me do what I should have done in the first place, just pay American taxes.
There are all kinds of reincorporations that take place every day in corporate America. They could simply reincorporate in Delaware or Nevada or Minnesota or any place they felt appropriate and they would be right back, being able to get all the contracts they want.
My third inquiry to the Senator from Minnesota: I know some of our friends who are lobbyists, as you have indicated, public relations representatives--I think, with a straight face they really would have trouble advocating for this. Would the Senator acknowledge that?
I appreciate the Senator's attention.
Mr. President, tax loopholes allow dozens of U.S. corporations to move their headquarters, but they move them on paper only, to tax haven countries to avoid paying their fair share of U.S. taxes. It was just a short time ago that Senator Wellstone and I offered an amendment to bar the Department of Homeland Security from awarding Government contracts to these corporate tax runaways. The Senate adopted that amendment unanimously. But in the homeland security bill that passed the last little bit that we were here last year, they cut this amendment.
It is a sad reality that these corporate expatriations are technically legal under current law. But legal or not, there is no reason U.S. Government contracts should be awarded to these tax runaways. These are lucrative Government contracts and we should not reward these companies for doing what they have done.
Senator Wellstone and I believed these corporations, if they want Federal contracts so badly, they should simply come home, come back to the United States and be eligible to bid on homeland security contracts. If they didn't want to do that, then they should go lobby, for example, the Government of Canada or Bermuda or the Cayman Islands for contracts there.
Some of these companies have indicated: We have been in business in America for a long time. They should stay in business in America. These corporations are shams. We have companies that file paperwork, set up not one but sometimes more than one corporation. One company has three British employees in a little office in Hamilton, Bermuda, but by having these three individuals in Hamilton, Bermuda, they can avoid paying up to $40 million every year in U.S. income taxes.
This bill would forbid foreign corporations involved in these transactions from holding Government contracts with the Defense Department and Department of Homeland Security. It would not restrict major corporations operating in the United States
from winning millions of dollars from the Government in contracts.
I am not going to pinpoint companies. I have read on the Senate floor just a few months ago the names of these companies that are doing these things. This amendment will finally correct the record and accomplish what Senator Wellstone worked for last year. It should have been a priority in the legislation to guarantee the Department of Homeland Security booked its business with corporations that do their share of bearing the burdens of protecting this country. What they have done is they are bearing the burden to protect their own companies, not their own country. The homeland security law is more concerned with window dressing on this issue because what is in the homeland security bill still allows these companies to have huge Government contracts, homeland security contracts.
One contract I have here, $144,844,000 is what they are getting, even though they have incorporated in Bermuda.
Another company, not as large as the first, but almost $5 million. We have another company, $6 million; $17 million; another company, $249 million; another company, $2 million; $248 million--it is on and on with these what I would think would be embarrassing to them. Apparently it is not embarrassing enough that they pay corporate taxes in the United States like other companies.
I again extend my appreciation to the Senator from Minnesota for this amendment and I hope the many people who are in favor of this legislation will speak in favor of the legislation and we can have a resounding vote like we did when it passed unanimously last year. This would be one way to honor the dignity of Paul Wellstone.
I would answer my friend by saying Senator Wellstone, as we know, stood for the small guy. He was concerned about those people who did not have the large lobbying contracts. I think the Senator from Minnesota is absolutely right. The senior Senator from Minnesota is right in that this amendment would help a lot of the small people-- small in stature, big in character, like Paul Wellstone--the people Paul Wellstone would try to protect. That is because people who are not paying these taxes prevent us from providing more money for LIHEAP, for which he advocated all the time. It would allow us to provide more money for education, which he talked about, and he could do that because he was a college professor. It would allow more money for the global AIDS epidemic that he talked about.
This money that these corporations are not paying is more money that other taxpayers have to come up with. We have expenses that have to be met. We have programs that have to be funded. This amendment would force some of these unpatriotic companies into being more patriotic. They would be more patriotic because they would be forced to be more patriotic. If they want to have Government contracts with the Homeland Security Department and Homeland Defense Department, they would have to be patriotic.
So I answer the question with a resounding yes. This would mean a lot to Paul Wellstone, that his legacy is not forgotten, nor the things for which he fought.
A lot of these things he fought for alone. I can remember this issue that he was beaten up on pretty good on the Senate floor--until he was able to talk and explain. Like many of the things that Paul Wellstone brought out of the dark into the light, in the light of day it all looked better. I hope we all support this the way we did before.
This is an important amendment and I repeat, it would honor one of the most courageous people I have ever known--physically and intellectually--Paul Wellstone.
If I could respond to my colleague through the Chair, let me say the defense of this previously was that these are just good lawyers, good tax men. This is the way the law is written so why shouldn't they take advantage of it?
What the Senator from Minnesota and I are trying to do is change the law so that this is not this tax loophole. We know and people know that there are lots of tax loopholes. They are hard to plug because of the huge lobby which they have. We try to plug them. The ones that benefit are some of the largest corporations in America--I am sorry to say-- avoiding billions of dollars in taxes. It is not fair. They reply by saying, well, these people have good lawyers and good accountants. That doesn't justify what they are doing. In fact, it even signifies that we need to do this as quickly as possible to stop these people from doing this and make it easier for the rest of the people in America who are paying their fair share.
Mr. President, we are waiting now until 2:30 when Senator Inhofe is to appear. We understand he will close with the Edwards amendment.
We want the Record to be spread with the fact that we have done everything we can to move this legislation along. We were ready to go early this morning. We had to wait until the other side was ready to move on the bill. We have done our best to plug all the timeslots that have been in existence this morning. I want the Record to reflect that we are doing nothing to slow this down.
I see Senator Inhofe is here now. If he is ready to speak, we could move the 2:30 time up to whatever time is appropriate for the chairman of the Committee on Environment and Public Works.
The Senator was scheduled for 2:30. We are ready now.
I am to be corrected. I was told by the floor staff that I was wrong and the Senator is right. It is 2:15. We don't need to change anything. We ask unanimous consent to return to the Edwards amendment. I think that is the order.
Mr. President, if my friend will withhold, I have a couple comments I would like to make.
Mr. President, I rise in opposition to the second-degree amendment of my friend, the chairman of the Environment and Public Works Committee. The amendment offered by Senator Edwards, and cosponsored by Senators Lieberman, Jeffords, Daschle, and Senator Reid of Nevada, really is a very modest amendment.
This administration has gone ahead with the most radical rewriting of the clean air rules in 30 years. Let me repeat that. The administration, administratively, has caused the most radical rewriting of the clean air rules in 30 years. They have not studied what the effects of these rules will be for people's health and the environment. I think Senators on both sides of the gaisle have asked for this study. They have refused to do it.
This amendment simply says, let's wait 6 months--just 6 months--and get a real study of how this amendment will affect people. Our amendment says, because these rules have the potential to be harmful, we should study them first to make sure we know how they will affect people's health. The amendment says, let's wait until we get that settled--6 months, a half a year--before letting the rules become final.
The second-degree amendment says: Yes, we need to study those rules, but let's have the study after the rules go into effect; that is, let the rules go into effect first; and, second, we will study the effects. That means you are rolling the dice with people's health.
What this second-degree amendment says is, we will take our chances with the health of your children, with the health of your parents. What we say is, let the amendment go into effect after we have studied the issue.
What are we going to do a year from now if this study shows--and I am confident it will--that these radical changes will have made people's health worse? What are we going to say to senior citizens who are suffering from respiratory illnesses, as a great deal do?
It was less than a year ago that one of the weekly magazines--I believe it was Newsweek; ran a front-page article that talked about the asthma epidemic sweeping this country afflicting our children. Although they do not determinatively know why, one of the conclusions they arrive at is because of the bad air. However, I don't think we need scientific studies to show that.
By allowing the administration to go forward with this rule, what we are really saying is we do not care. We want these companies to go ahead and be able to continue their polluting--yet we only studied two companies.
We hear that the Environmental Protection Agency today has actually
done the environmental analysis and it shows that these radical rule changes would protect the environment. That is foolishness. It is not true.
The EPA gave us hundreds of pages of old, irrelevant reports.
They said their assessment was qualitative and not quantitative. That is a buzzword for ``we have done nothing.'' It means they didn't do real hard research in how these changes would affect people, children with asthma, and seniors with respiratory illness.
One group did the real hard research. The Environmental Integrity Project looked at two factories and found that just with these two factories, the administration rules would increase pollution by more than 120 tons a year. One of these EPA studies done by the current Environmental Protection Agency points to Delaware as a model. Companies in Delaware have taken some good measures to reduce pollution. That is true. But as industries in Delaware have pointed out and as Senator Biden has pointed out, this administration is not following the Delaware model. They are following a different and anti- environmental model.
The amendment of the Senator from North Carolina does not discourage energy efficiency. All of us support more energy efficiency. We support reform of the New Source Review. We want to reduce pollution at the same time as we reform. We don't want reform being an excuse to increase pollution. The new rules would increase pollution.
Again, the amendment of the Senator from North Carolina is a modest amendment. It says: Look before you leap. However, what we are being told to do with the second-degree amendment is look after you leap. That is not the same.
Look before you leap; that is what we should do. The second-degree amendment is misguided, misdirected. It takes away from the importance and the dignity of the amendment offered by the Senator from North Carolina which simply says, the President wants to move forward with radical changes in the Clean Air Act, an act which has been in effect for some 30 years, so before we do this, let's first wait 6 months to see if the changes the administration suggested will hurt the environment.
I certainly hope the amendment of the Senator from North Carolina passes in its form before the Senate and that the second-degree amendment does not pass. I say that because if you look at the track record of the administration, you are looking at a track record that is not good.
We know the administration came out initially with an effort to change the arsenic standards in water. We were able to turn that back. We know the administration has worked very hard to make sure that the rules relating to testing children to find out if lead in their environment is bad--they tried to eliminate that. We were able to stop that.
Clean water: The administration proposed earlier this month changes for managing waterways under the Clean Water Act. The proposed rules would affect enforcement of the Clean Water Act by defining protected and unprotected lakes, rivers, streams, and wetlands. This rule would remove 20 million acres of wetlands from protection.
On January 3--just a few weeks ago--the administration issued categorical exclusions under the National Environmental Policy Act for certain timber projects. As a result, the agency will be able to approve logging in burned, diseased, and insect-infested forests without completing individual environmental reviews.
On December 31, the administration proposed regulations that would allow tuna caught by encircling dolphins to be labeled ``dolphin safe.'' For the last 5 years, tuna caught using dolphins as targets were barred from bearing the ``dolphin safe'' label.
Two days after Christmas, the administration came up with a Christmas present when they issued new guidelines that would allow more development of wetlands and additional mitigation. However, the existence of wetlands is important because they filter drinking water, retain flood waters, and support wildlife.
The administration on December 23--2 days before Christmas--issued a final rule that would allow States to claim ownership of roads in national parks, forests, wilderness areas, and other public lands. Under this rule, States could assert claims to thousands of miles of dirt roads, trails, and wagon tracks--many of which are in wilderness areas and other public lands.
On December 19, the administration issued a cost-benefit report calling for more than 300 rules to be revised and eliminated, or expanded. These changes affect food safety standards, arsenic in drinking water, energy conservation standards, and logging in national forests.
Again dealing with clean water, on December 16 they issued final regulations under a court-ordered deadline that would weaken clean water protections concerning concentrated animal feeding operations. The new rule will affect 15,000 large and medium size U.S. corporate farms.
On salmon protection, the administration proposed new regulations to weaken salmon protections and to allow increased logging in the Pacific.
On November 22 of last year, the administration issued final regulations that would weaken the Clean Air Act's New Source Review program. The administration has issued standards relating to drilling in national parks. They approved natural gas drilling in Padre Island National Seashore in Texas, the Nation's longest stretch of undeveloped beach. They are going to take care of that and allow drilling there.
On climate change, on November 20 the chairman of the White House Council on Environmental Quality said: ``Climate change is a technology issue.'' He believes technological innovations, not curbs on emissions of greenhouse gases, are the solution to global climate change.
Snowmobiles, something on which I have worked hard: The administration proposed to increase the number of snowmobiles allowed in Yellowstone and Grand Teton National Parks by more than 35 percent, even though the rangers there must use respirators and masks because the air is so bad because of the snowmobiles.
Should we not, with a record like this, take 6 months to see if the rules are going to be bad? I didn't read all of them, but you get the idea why I am a little suspect about the rules and why we should not leap before we look. Let's look, have a study done to find out if the rules are as bad as the environmental community says they are.
I hope the second-degree amendment of my friend from Oklahoma is defeated and we have an up-or-down vote on the amendment to call for a study before we enact the very extreme radical rule changes with the Clean Air Act.
The Senator from Rhode Island will offer a very important amendment on unemployment insurance. I ask unanimous consent that following my remarks, the Senator from North Dakota be recognized to speak for 15 minutes; following that, the Senator from Rhode Island be recognized to offer an amendment.
I have spoken to the manager of the bill and have indicated to him that we were going to offer this amendment. I ask unanimous consent, therefore, that when Senator Reed offers his amendment the pending amendment be set aside. If there is a problem with that, that would give time to someone on the other side to be available to object having that set aside.
My friend, the junior Senator from Pennsylvania, has come to this Chamber on other occasions with his chart and talked about the Democratic amendments. What he has not talked about is the fact that a year ago, we had a huge surplus. There are estimates that it was as much as $7.2 trillion--some say it was only $6 trillion--over a 10-year period. As a result of what has taken place with this administration, that is gone. We are now spending in the red and using Social Security surpluses to pay for the Bush economic plan.
I was on a TV program with Senator Nickles, who was my counterpart. The person doing the interviewing showed Senator Nickles a chart. From the time that Harry Truman was President until today, going through every President, every President of the United
States has created jobs, without exception, except the current President Bush. In fact, he has done so poorly in job creation that he has lost over 2 million jobs.
I hope the American people understand we are offering these amendments because we believe the American people deserve more than tax cuts for the rich.
The present administration's tax cut plan will increase the deficit by almost $1 trillion over 10 years. I hope my friend from Pennsylvania would vote against that if he is concerned about deficits, because that is a huge deficit builder.
Every time my friend, the distinguished Senator from Pennsylvania, comes to the Chamber with his chart, we are going to also talk about what this administration has done that has adversely affected the American people.
The amendments offered by the Democrats--which are said to be ``outrageous things''--fund school districts around America to take care of handicapped children. I know that is somewhat radical that we want to pay for handicapped children to be educated, but that is what we have decided we would like to do, that we would fully fund the IDEA program. There is not a school district in America that opposes that.
Some of the other amendments funded the unfunded mandates that have taken place with our passing the homeland security bill. I know the State of Nevada badly needs that money because we have been forced to do things that the Federal Government has passed on to us that we cannot afford to do. The State of Nevada needs help. That is why today States have deficits of about $100 billion.
The deficit of the State of California alone is $35 or $40 billion, but of course it has 15 percent of the population of this country.
So they can bring out all the charts they want to talk about these amendments the Democrats are offering. The reason we have voted nearly unanimously for every one of these amendments is because it is the right thing to do for the people who are not represented by the Gucci shoe crowd, the big limousine crowd.
My friend from Rhode Island is going to offer an amendment to take care of about a million people who have no unemployment insurance. The unemployment rate has increased by millions under this President. It has gone from 4 percent to 6 percent. Job losses, as I have indicated, are over 2 million. The private sector has lost 2.4 million jobs since President Bush took office. Unemployment is staggering. A total of almost 9 million people were unemployed in December. The length of unemployment, which is more than 26 weeks, increased by 122,000 in December alone, the biggest 1-month increase in a long time.
There are a great deal of problems with this economy. We believe there should be a tax plan to stimulate the economy. What we believe should take place is an immediate tax cut. It should be directed toward the middle class. It should have no long-term impact on the deficit in this country.
I talked earlier about the Bush economic record. It is the only administration to lose private jobs in more than 50 years. We have had no other administration that has not created jobs. His dad came close. He almost was in the negative. He was the lowest we had since Eisenhower. But it is topped by this President. Eisenhower created increased employment by one-half of 1 percent, Kennedy by 2 percent, Johnson by 3.6 percent, Nixon by 2.1 percent, Ford by .18 percent, Carter by 3.3 percent, Reagan by 2.3 percent, George H.W. Bush by .4 percent, Clinton by 2.6 percent; George W. Bush has lost jobs. He is the only president whose job creation is in the negative.
We do not need people to lecture us on how bad the Democratic amendments are. Our amendments are targeted toward American people, not targeted toward the rich.
I am happy to maintain the floor and yield to my friend from Delaware.
If I could respond to my friend, the distinguished Senator, formally chairman of the Judiciary Committee and Foreign Relations Committee, the only place the Senator has misspoken is that the tax cut will be near $1 trillion when interest is included, near $1 trillion.
And I say to my friend, the Senator is absolutely right.
We have to have a secure nation. The amendments we have supported and were offered by Senator Byrd are amendments that would give the State of Delaware, the State of North Dakota, and the State of Nevada, a little bit of relief from the unfunded mandates we passed on.
I also remind my friend from Pennsylvania who was talking about how bad the amendments were; he talked a lot about the deficit. We are not talking as ``pie in the sky.'' We, as Democrats, have a ledger you can look to of success. For the first time in modern history, during the Clinton years, we were spending less money than we were taking in. The last year of the Clinton administration, they were coming to us saying: Better not retire that debt so quickly because you could have an adverse effect on the economy. I guess someone in the Bush administration heard that because they listened clearly. Instead of having a surplus, as we had, they have gone gang busters.
I have a unanimous consent request, if my friend will yield.
I ask unanimous consent that Senators Reed of Rhode Island, Clinton, Bingaman, Johnson, and Schumer be added as cosponsors to the Dodd amendment No. 71.
Mr. President, reserving the right to object, I have spoken to the floor staff. Following the statement of Senator Voinovich, Senator Durbin wishes to speak on the amendment that Senator Reed is going to offer.
I think that will be just fine. We will have no objection.
I have spoken to the majority. They recognize that the next amendment we want to offer is by the Senator from Florida. We understand that Senator Inhofe will be ready to go also. I am sure we will get that consent as soon as the debate on unemployment insurance is completed.
Will the Senator yield for a question?
Mr. President, would it not be better, rather than having the rule going into effect and having all the people, from our perspective, start polluting while the study is taking place, to find out which side is right? We are saying to have the NAS study the issue, hold this off for 6 months, and then there should be a determination made as to whether the rule as proposed by the administration affects people.
I don't see--and I ask my friend from Ohio, the distinguished junior Senator--what harm can be done in holding off for 6 months this rule going into effect when, if we don't hold off, our reasoning would be, as indicated in the study I talked about earlier today, where just 2 months--2 plans would put into the environment 120 tons of bad things every year.
Would it not be better to wait and see what the study of the National Academy of Sciences comes up with before the rule went into effect?
Mr. President, I will respond simply to my friend that the environmental community has a different view. They believe this radical rule change would simply allow pollution to take place that is not allowed now.
We hear that the rules the administration has made are the same as rules made in the Clinton administration. This simply isn't true. Here is what Carol Browner has said:
Some have suggested that the administration's announced
changes are changes the Clinton administration supported.
Nothing could be further from the truth. Fundamental to
everything we did was a commitment to ongoing air quality
improvements. There is no guarantee, and more importantly, no
evidence or disclosure demonstrating that the
administration's announced final or proposed changes will
make the air cleaner. In fact, they will allow the air to
become dirtier.
Mr. President, I suggest the absence of a quorum.
Mr. President, I ask unanimous consent the order for the quorum call be rescinded.
Mr. President, I renew my request to vitiate the quorum call.
Mr. President, on behalf of myself, Senators Kennedy, Mikulski, Jeffords, Murray, Edwards, Dayton, Corzine, and Kerry, I send an amendment to the desk. Mr. President, I ask unanimous consent that…
Mr. President, on behalf of myself, Senators Kennedy, Mikulski, Jeffords, Murray, Edwards, Dayton, Corzine, and Kerry, I send an amendment to the desk.
Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with.
Mr. President, for the benefit of my colleagues, this amendment will add $1.5 billion to the appropriations omnibus bill for the Individuals with Disabilities Education Act, commonly known as IDEA. This is a matter with which all of my colleagues are very familiar. We have debated this matter on numerous occasions over the years. A brief history about the Individuals with Disabilities Education Act may be in order.
It has been almost 30 years--28 years--since Congress passed this legislation in 1975. The promise made in 1975 was that we would provide the States with 40 percent of the funding to educate children with special education needs. We started out with a far lower commitment, and over the years the States have assumed the lion's share of this responsibility. But over the years, we have failed to meet the commitment we made to the States almost 30 years ago.
As a result of efforts by this body in the previous Congress, we came very close to achieving the full funding promise that was made many years ago. In fact, our distinguished colleagues and friends, Senator Jeffords, Senator Hagel, and Senator Harkin, offered an amendment in the previous Congress, which enjoyed unanimous support, to increase the funding over a series of years, that would reach the full funding level as required by the agreement reached in 1975.
Unfortunately, the President and the Republican leadership of the other body refused to agree to the Senate unanimous vote on full funding for special education. As a result of that opposition by the President and by the leadership of the other body, the bipartisan efforts of the Senate and the good work of Senator Hagel, Senator Jeffords, Senator Harkin, and many of us who have worked on this issue over the years failed. In fact, I recall some 15 years ago when I was a member of the Budget Committee and offered in the committee the language which required full funding of special education needs. My friend and colleague from Mississippi, Senator Lott, was on that committee that year. I remember because he cast a vote with me in the Budget Committee, but we failed on a tie vote in the Budget Committee to get the increased funding.
Over the years, we have had good bipartisan support to do everything we could to fully fund IDEA, and every year, for one reason or another, Congress finds a way to avoid its responsibility.
I do not lay that on the shoulders of the Senate because recently we have met the promise we made. My colleagues here understand and know well how strongly the Governors, mayors, and county executives across this country feel about this issue. This is one of their major issues. When we ask them what are the important areas in which we can assist them, inevitably over the years they have listed special education as one of the most important areas in which we can assist them by meeting our obligations we made some 30 years ago.
When Congress passed the Individuals with Disabilities Education Act in 1975, it promised to help States meet their constitutional obligation to provide
children with disabilities a free appropriate education by paying for 40 percent of those costs.
The States came to us in 1975 and said: We need your help on this issue. As I said, some 30 years ago, we said we would step in and help, just as we have done with title I for children who have different kinds of needs. Those needs are economic because of the levels of poverty across the country. We said this also is an area where we think the Federal Government ought to step up and provide help to the States.
The cost of special education--and again, I am preaching to the choir when I talk to my colleagues about this issue because they know these issues as well as, if not better than, I do. Talk to any mayor, county executive, Governor, Democrat or Republican, liberal or conservative, and they will tell you that the cost of special education is very high. In fact, in some small towns--I know in my State and I am confident in the State of the Presiding Officer and the States of my good friends from Vermont or Rhode Island--two or three children with special education needs can so distort a local budget with the tremendous increase in cost that it becomes almost prohibitive for those smaller communities to meet the obligations. That is why we have heard so many loud voices over so many years calling on us to step up and meet our obligation.
We made a promise. In 1975, we said: As representatives of the Federal Government, we will come up with 40 percent of the cost of this program. That is our obligation. We will do that. Here we are almost 30 years later, and we have reached a 15-percent level. We are still short by some 25 percent of the costs of special education.
We have made great strides in going from zero to 15 percent, particularly in the last 4 or 5 years, but we are still way short.
The amendment I offer this afternoon provides for an additional $1.5 billion in this omnibus appropriations bill for an additional 1 year. This is not a full-funding amendment. I am not asking in this amendment for full funding over the next several years. Since this bill only deals with 1 fiscal year, I am merely trying to add these additional dollars which will get us closer to the obligations.
Two years ago, a bipartisan group of 31 Members of this body introduced S. 466 to direct the appropriations of funds, to fully fund IDEA by 2007. That bill was the foundation of the Harkin-Hagel amendment to the No Child Left Behind Act. The amendment passed by the Senate on a unanimous vote would have increased Federal support for special education by $2.5 billion per year until we reach full funding. Unfortunately, as I mentioned a few moments ago, because of strong opposition from the President of the United States and the Republican House leadership, the provision adopted unanimously by this body was not included in the final No Child Left Behind Act. It made an oxymoron of the title of that bill, No Child Left Behind, when, in fact, we excluded the kids with special education needs from the legislation. So it was No Child Left Behind unless you have special education needs and disabilities.
Today's amendment will enable us once again as a bipartisan Senate to take the first step that we recommitted ourselves to in 2001 by increasing the funding for special education by $2.5 billion for fiscal year 2002 to 2003. We are calling upon our colleagues to do just that.
In my State of Connecticut, in spite of spending hundreds of millions of dollars to fund special education programs, our school districts--as is true in almost every other State in the country--are struggling to meet the needs of their students with disabilities.
The costs borne by local communities and school districts are rising dramatically. From 1992 through 1997, for example, special education costs in Connecticut rose half again as much as did regular education costs. Our schools need our help, and this amendment is an opportunity, as we begin this 108th Congress, to do just that.
Of course, no one in my State--or any other State, for that matter, in our great Nation--questions the value of making sure the Individuals with Disabilities Education Act, which is both a landmark education law and a landmark civil rights law, be fully implemented. The only question is how best to do that, and a large part of the answer lies in this amendment.
This amendment will demonstrate that we intend to match our commitment to universal access to education with a commitment to do everything we can to help our States and schools provide that access. This amendment, further, will help not only our children in schools, but it will also help entire communities by easing their tax burden.
Our failure to fully fund IDEA does not make the issue go away. When we do not meet our obligation, then a mayor or county executive at the local level has no alternative; they have to, under their constitutions, meet these responsibilities. So when we duck our responsibility, we only increase the burdens locally. They can slash their budgets locally in other vitally needed areas or they can increase taxes.
As all of us know, there are not many options left at the local level. At the local level, that is where the rubber hits the road, where people need and require that certain obligations be met. Unfortunately, when we do not step to the plate and fulfill our promises on the national level, then we only increase tremendously the burden on our Governors, mayors, and county executives all across this great country.
Homeowners and businesspeople end up paying higher taxes or watch services they depend upon be slashed, not only in my own State, but all around this country, because so much of education is paid for through local property taxes.
Again, I do not need to recite to my colleagues the tremendous burdens that are being felt by local and State budgets all across this country. The estimates are now that deficits running at the State level may hover around $100 billion this year and only get worse next year and the year after. In my State alone, it is about half a billion this year. My Governor tells me it is going to be about $1.3 billion next year. I do not know what it is in the State of Alabama, but I presume it might be like what Connecticut is. I think California is around $34 billion.
I heard some of my colleagues say the other day, in Michigan it is $4 billion or $5 billion. I think someone said in Minnesota it was like $4 billion or $5 billion.
We have these mounting deficits at the State and local level. There is a need in special education. There was a promise made some 30 years ago by the Federal Government. What I am asking for in this amendment on the omnibus bill is that we take out the $1.5 billion, if we could, and see if we cannot step in and provide some real relief for our States and localities in their hour of need and the need of families who have a child with special needs.
The President recently proposed another plan to cut taxes by hundreds of billions of dollars for some of the wealthiest Americans. I represent one of the most affluent States in the country. I probably have a higher percentage of my population who would benefit very directly as a result of the President's tax proposals. Without equivocation or hesitation, the overwhelming majority of the people in my State, including the most affluent, honestly believe the best use of resources is things such as special education. While they, as everyone else, would love to have a tax cut--there is nothing new about that-- when asked to balance the priorities and needs of a nation, they understand providing tax relief for people in the top 1, 2 or 3 percent of income earners in the country at a moment such as this is not a wise or prudent use of the resources of this Nation when there are so many other demands that must be met.
I understand the Federal Government faces the same budget challenges in today's slumping economy as do our States and towns, but we cannot accept the argument that because our economy is faltering we cannot provide our children and their families with critical educational resources and otherwise help average Americans. We would and should not accept that argument if our homeland security or national defense were at stake, and we certainly cannot afford to do it here, either.
Investment in education is no less important now than it was when our economy was more healthy. It is essential to our long-term national economic security. So I ask my colleagues
to seize this opportunity and choose to help our schools but, more importantly, our families and young children who need these resources in order to maximize their potential.
I do not know of anyone, regardless of to which party they belong, Conservative, Liberal or moderate, whatever label one wants to put on themselves politically, that when they look in the eyes of a child who has special needs, can say, I am sorry right now but we cannot provide the resources to their town, county, local, or our State government because we have these other priorities that are making too many demands on us. That is not my America.
My America says, when there is a child with disabilities in need we step to the plate and provide them the kind of help they ought to have so they have a chance to become independent and maximize their potential to see to it that they can be productive citizens and add to the great strength and wealth of our Nation.
I can go down the list of the various States and what they will lose or gain. At the end of my statement, I ask unanimous consent to have printed in the Record a letter written on January 16, 2003, to the majority leader, Senator Frist, and the minority leader, Senator Daschle, in which they specifically go down and list the importance of this amendment and the funding I am asking for, the $1.5 billion, as one of their top priorities. In fact, they list it as the top priority.
There are a whole list of organizations that support full funding for IDEA. I ask unanimous consent to have that list printed in the Record at the end of my statement.
I am not asking for full funding with this amendment. I am asking for the $1.5 billion in this omnibus appropriations bill. I am confident every one of these organizations would support this amendment, even though it is not full funding, but rather the additional amounts this year when we consider the pressures on our States.
Lastly, in looking at the differences in our States--the top State on the list is that of the Presiding Officer--the difference right away where there is a gap between what I am offering and the omnibus bill, it is a little less than $30 million in the State of Alabama, and this amendment would make up the difference. Going down further, in my own State of Connecticut, the difference would be about $18 million. In the State of Vermont, the difference would be about $3 million. In the State of Rhode Island, the difference would be about $5 million in this amendment. What a difference it would make.
I saw my colleague from Missouri in the Chamber recently. In the State of Missouri, the difference would be about $30 million.
I have all 50 States listed and the difference that this $1.5 billion could make. That may not sound like much when a State is facing billions of dollars in deficits, but the fact that we might step up to the plate in Nevada--I apologize to my friend of Nevada, who is sitting right in front of me, but I did not see him--it is about $10 million in his State.
I ask unanimous consent to have this list printed in the Record at the end of my statement. It is printed on both sides of one sheet of paper. Members can then have an idea of what the benefit of this small amendment could mean to them and their States.
There are other Members who want to be heard on this issue. As we begin this debate in this Congress, this is one area on which we ought to find common ground. We will have our differences on other issues but every one of our States, Governors, mayors, and families with children with disabilities are asking us to step up and do what we can for them. As we start out in the year 2003, this modest amendment could make such a difference to people across this country and is something we ought to be able to join forces together on and adopt.
Exhibit 1
National Governors Association,
Washington, DC, January 16, 2003.
Hon. Bill Frist,
Majority Leader, U.S. Senate, the Capitol, Washington, DC.
Hon. Tom Daschle,
Minority Leader, U.S. Senate, the Capitol, Washington, DC.
Dear Senator Frist and Senator Daschle: On behalf of the
nation's Governors, we are writing to express our support for
several key provisions of the (FY) 2003 omnibus
appropriations bill affecting state programs. First, we
appreciate that the bill would maintain the FY 2003 highway
program investment level at $31.8 billion. With a sluggish
economy and many states facing budgetary difficulties, now is
not the time to cut federal highway investment. In addition,
Governors strongly support the $1.5 billion provided in the
bill to implement the new election reform law. We also
appreciate that the bill includes an extension of the
Temporary Assistance for Needy Families (TANF) block grant
and related programs through September 30, 2003. It is
critical that states have reliability of funds in order to
continue operating their welfare reform programs while
Congress considers TANF reauthorization.
We would also like to express our support for the following
amendments:
Dodd Amendment. The Governors support Senator Dodd's
amendment calling for a $1.5 billion increase in state grants
for special education. We are committed to continuously
improving the academic performance of all students, including
students with disabilities. The nation's Governors support
this amendment and urge Congress to continue to work toward
enacting legislation that makes the Individuals with
Disabilities Education Act (IDEA) funding a mandatory
expenditure with incremental increases towards meeting the 40
percent federal requirement.
Murray amendment. The Governors support providing the
necessary funding for Amtrak to support the continuation of a
national passenger rail system as proposed by Senator Murray.
Amtrak must be provided a sufficient level of funding to
guarantee there will be no break or threat of a break in
service. We must be certain that Amtrak will not encounter
the rolling financial crises it experienced during the past
year.
Chafee-Rockefeller amendment. The nation's Governors urge
your support for quick action on a bipartisan compromise to
protect resources in the State Children's Health Insurance
Program (S-CHIP). Preserving the S-CHIP funds that have
reverted to the federal treasury would keep $1.2 billion of
the FY 1998 and FY 1999 allocations within the program until
2004.
Harkin amendment. The Governors urge support for restoring
current funding levels to the Edward Byrne block grant
program for state and local law enforcement activities.
Finally, while Governors appreciate the inclusion of $2
billion for first responder grants, we urge support for the
President's original request of providing $3.5 billion
coordinated through the states. Just as Congress and the
President have responded by acting on a far-reaching
reorganization and consolidation of federal agencies, so too
the President recognized the critical role of states--the
first line of defense and the first line of coordination of
response to any attack. Thus, this should be meaningful, new
resources that respect the diversity, responsibilities, and
capabilities of states and the immediate need for resources
for national defense. Therefore, we encourage you to add an
additional $1.5 billion in first responder grant funds to the
$2 billion, so that we meet the President's recognition of
the need to be prepared to respond to and recover from any
terrorist attacks.
We greatly appreciate your consideration of our views.
Sincerely,
Governor Paul E. Patton,
Chairman.
Governor Dirk Kempthorne,
Vice Chairman.
I yield back the remainder of my time.
If the minority whip will yield, my intention was to make a few additional comments, but I have spoken on the amendment. I would like some idea of when we might do this. I know the Senator from Rhode Island has an amendment.
That is fine. We have a couple of other Members, I have just been informed, who would like to speak on the special education amendment. They are not here yet because of the conditions outside. In order to accommodate our colleague from Rhode Island, who is here--and Senator Dayton from Minnesota is on his way--we could work up a proposal and come back later in the afternoon when the other Members are here and finish up the debate on that and allow these other amendments to be debated, since those Senators are here.
Mr. President, I am happy to yield whatever time the Senator from Maryland needs.
Mr. President, how much time remains under the amendment of the Senator from Connecticut?
Mr. President, I will take 10 minutes. Will the Senator notify me when that is up?
Mr. President, I want to express some thoughts. I thank my colleagues for, once again, reconfirming support for the special education program. That is heartening. As the Senator from Maryland pointed out, of course, if we follow the plan of the present occupant of the White House, we will be talking about three decades more--we will have to wait a longer time than we have waited to complete the 40- percent requirement that we have already endured.
So if you are a mayor or a county executive or a Governor, you can take real heart in the fact that for about the next three decades we will be at this debate on getting full funding--if we rely on the administration's plans.
I will remind my colleagues once again that this body and the previous Congress voted unanimously for a full funding program over the next 6 years for special education. It was the administration--the present administration--and the leadership of the other body--the Republican leadership--that killed the proposal the Senate unanimously supported. That is where we are. Those are the facts as we find them today. We can go back and revisit history if you want, but the fact is that the Governors and mayors out there may find a history lesson interesting, but they want to know what we are going to do. What is this administration going to do? What has this administration done? What is the Republican leadership in the Senate and House going to have to do if we are going to meet the obligations we talk about?
So what we have here--as the Senator from New Hampshire suggests he will support--is the $1.5 billion. He is going to do so by adding further to the across-the-board cuts in domestic spending--adding to the impact of the already 2.9 percent across-the-board cuts. I will share with my colleagues what this means.
Now, $1.5 billion is not a huge amount as a percentage--whatever it is, four-tenths of 1 percent. Add that, if you will, to the 2.9. The WIC Program will be cut by $137 million as a result of the 2.9-percent cut. The Food Safety Inspection Service will be cut by $22 million. The Food and Drug Administration will be cut by $40 million under these proposals. State-Justice-Commerce will be cut by $113 million in spending.
Go down to Head Start. This analysis shows what the 2.9-percent cut means in energy and water issues--there it is, a $239 million cut; environmental management, $203 million. There is a whole list of programs, including the Bureau of Reclamation and the Mississippi River Tributaries Program. If you look at Head Start, $63 million will be cut. Air traffic control--that ought to be good news for those who worry about domestic terrorism; transportation security, Coast Guard will be cut by $72 million. The VA-HUD--veterans take note--has $903 million in cuts; VA medical care, $692 million in cuts. So go ahead and add four-tenths of 1 percent to the already 2.9.
I don't hear anybody talking about a slight cut in the $670 billion tax cut in all we are proposing here. Then my colleagues say we will take your $1.5 billion, but we are going to give a ``haircut'' to every other domestic spending program except the tax cut, which goes to the top 1 or 2 percent of income earners. I represent a State that has probably a greater percentage of those income earners than almost any other State in the country. I can say with certainty that my constituents--those included, by the way--who would be the beneficiaries of this tax cut would tell you that at this particular juncture that kind of a tax cut, given the fiscal needs of this country, is unwise.
When my colleagues say we are going to make everybody pay a price, we are going to make that haircut of 2.9 percent, including the budget cuts I have suggested, and add this to it, just make sure you understand what we are talking about. We are not talking about a tax cut which taxes revenues over the table--I am not suggesting there isn't room for a tax cut. But how about including that in the proposal? Why is that particular area always left out and all we talk about are the domestic programs that affect families so strongly?
I guarantee you, by the way, as you start looking at Head Start, the WIC Program, food safety programs, while you are providing $1.5 billion in special education needs and simultaneously cutting back on these other programs, it is not uncommon for the same family and the same child to be the recipient on one hand of the 1.5, and simultaneously getting food in the WIC Program, food safety programs, and the Head Start programs.
Again, I don't know how you can sit here and look at a child who has autism or is suffering from juvenile diabetes, Down's Syndrome, or other special education needs and say: I am sorry we cannot touch the tax cuts, but you are going to have to take this cut in other areas. When my colleagues offer their side-by-side amendment and suggest yet further cuts, I think that is cruel. I think it is unnecessary. I think there are ways of doing this without going after some of these very issues that are so critically important to the well-being of our Nation. They have a lot to do with the economic security of our country as well.
We need to have a balanced approach. So, Mr. President, we will have a debate further along in this year on full funding again. I only hope the administration changes its view from the last Congress. I will reiterate what I said earlier. Governors and mayors list this as their top priority. Mr. Governor or Mr. Mayor, when the first amendment is voted on and we are telling you, by the way, we are going to help you out in special education, hold your breath because we are simultaneously reaching into your other pocket and causing you to raise taxes or cut other vital spending needs you may have because we are reaching in to rob you of the necessary resources you need as well to run your States and your communities. It is a cruel hoax, in a way, we are laying out before people.
I am not opposed to looking at reform efforts. We had a fine effort in 1997--some of my colleagues have forgotten this already--to look at the special education programs. Again, with the reauthorization, I presume we will look at them again. I certainly welcome that. Anytime we have a program such as IDEA, close examination of how well it is working, whether or not the intended beneficiaries are receiving the resources they need, is something we ought to do. It is the only responsible thing to do.
Let's not simultaneously suggest that we are going to have to wait for examination before we provide the resources to the States and communities. They do not have a chance of waiting. They have to provide for these children under existing law. Congress mandated it 28 years ago, and we have only gotten to 15, 16 percent of that 40-percent commitment.
The $1.5 billion in this amendment gets us a little closer to the 40- percent commitment. It raises and provides the resources to these communities for the fiscal year we are in already. We will come back again later in this Congress to see if we can get full funding set up in a way which we did a year and a half ago.
When the vote occurs on this amendment, there are two options: One, to provide the $1.5 billion while going after domestic spending programs, along the lines I mentioned already or, second, we can say we can do it and find the means of doing it, and one of the means is to reduce by a small amount the tax cut the President intends to provide for people in the country. The point being that most of the recipients of this tax cut are people who have incomes in excess of $250,000.
Tell that to a family with an autistic child. Tell that to a family with a child who has Down syndrome or serious learning disabilities: Sorry, we would like to provide that kind of help you need, but, you see, we have an obligation to provide a tax break to someone making $300,000, $400,000 a year. We cannot just quite meet the obligation
to you. I know we made a promise to do it. We said 28 years ago we would do it. We are up to 15 percent of that obligation. By the way, if you wait another 33 years, we will complete that obligation, 60 years after we made the promise. Then we will get you your resources because we cannot afford to give you the help you need without cutting everything else in the domestic area. Of course, we cannot touch the tax cut for the most affluent Americans.
I do not know of anyone outside the people in this town who believe in the logic of that argument. Nonetheless, watch and see what happens when we vote on this amendment. That is exactly what will happen. Go home and explain why we have to cut into these other areas to serve needy kids in this country.
Mr. President, I will take 1 additional minute. I repeat what I said earlier, this is not the America of which people think. We are blessed with great resources. We ought to have the common sense to find a balance, to see to it we meet our obligations when we make them; that we try to help those who are least able to help themselves and their families.
I underscore the point the Senator from Maryland made a few moments ago. Families of children with special needs face incredible pressures, especially those making $25,000, $30,000, $35,000, $40,000, $45,000, $60,000. There are incredible pressures within that family. Why is it we cannot find the resources to help our States, our Governors, our county executives to do more to help these children?
Reforming the process, I am all for that. But the only way we can help is to go after the WIC Program, the Head Start Program, food safety programs, and the like? That I do not understand, and I defy my colleagues to ask an average American to explain it as well. They do not understand it when they hear that argument or we are going to wait another 33 years to meet the obligations under this program.
I feel passionately about this issue; I care deeply about this issue because it is the role that Government ought to play. When I look at families in my State and across the country--and I know the pressures they are feeling and what a small amount it is to offer some relief-- just some relief--to the families feeling this heat and pressure, the anxiety it causes--I do not understand that we cannot step up and meet the obligation because we cannot touch a tax cut that goes to the most affluent citizens of this country. I do not understand that situation. I hope my colleagues do not either. When the vote occurs tomorrow, I hope we will support the amendment that provides assistance but does not do so off the backs of people who can least afford it in the country.
Mr. President, I reserve the remainder of my time.
Mr. President, I am reintroducing legislation today that would direct the Secretary of the Army to determine whether certain nationals of the Philippine Islands performed military service on behalf…
Mr. President, I am reintroducing legislation today that would direct the Secretary of the Army to determine whether certain nationals of the Philippine Islands performed military service on behalf of the United States during World War II.
Our Filipino veterans fought side by side and sacrificed their lives on behalf of the United States. This legislation would confirm the validity of their claims and further allow qualified individuals the opportunity to apply for military and veterans benefits that, I believe, they are entitled to. As this population becomes older, it is important for our nation to extend its firm commitment to the Filipino veterans and their families who participated in making us the great nation that we are today.
I ask unanimous consent that the text of my bill be printed in the Record.
Mr. President, in our efforts to accommodate many Americans by making Memorial Day the last Monday in May, we have lost sight of the significance of this day to our Nation. My bill would restore Memorial Day to May 30 and authorize our flag to fly at half mast on that day. In addition, this legislation would authorize the President to issue a proclamation designating Memorial Day and Veterans Day as days for prayer and ceremonies. This legislation would help restore the recognition our veterans deserve for the sacrifices they have made on behalf of our Nation
I ask unanimous consent that the text of my bill be printed in the Record.
Mr. President, I rise today to introduce legislation to amend the Public Health Service Act for the establishment of a National Center for Social Work Research.
Social workers provide a multitude of health care delivery services throughout America to our children, families, the elderly, and persons suffering from various forms of abuse and neglect.
The purpose of this center is to support and disseminate information about basic and clinical social work research, and training, with an emphasis on service to underserved and rural populations.
While the Federal Government provides funding for various social work research activities through the National Institutes of Health and other federal agencies, there presently is no coordination or direction of these critical activities and no overall assessment of needs and opportunities for empirical knowledge development. The establishment of a Center for Social Work Research would result in improved behavioral and mental health care outcomes for our nation's children, families, the elderly, and others.
In order to meet the increasing challenges of bringing cost- effective, research-based, quality health care to all Americans, we must recognize the important contributions of social work researchers to health care delivery and the central role that the Center for Social Work can provide in facilitating their work.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, I rise to introduce legislation today to modify Title VII of the U.S. Public Health Service Act in order to provide students enrolled in graduate psychology programs with the opportunity to participate in various health professions loan programs.
Providing students enrolled in graduate psychology programs with eligibility for financial assistance in the form of loans, loan guarantees, and scholarships will facilitate a much-needed infusion of behavioral science expertise into our community of public health providers. There is a growing recognition of the valuable contribution being made by psychologists toward solving some of our Nation's most distressing problems.
The participation of students from all backgrounds and clinical disciplines is vital to the success of health care training. The Title VII programs play a significant role in providing financial support for the recruitment of minorities, women, and individuals from economically disadvantaged backgrounds. Minority therapists have an advantage in the provision of critical services to minority populations because often they can communicate with clients in their own language and cultural framework. Minority therapists are more likely to work in community settings where ethnic minority and economically disadvantaged individuals are most likely to seek care. It is critical that continued support be provided for the training of individuals who provide health care services to underserved communities.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, today I introduce legislation on the Rural Preventive Health Care Training Act of 2003, a bill that responds to the dire need of our rural communities for quality health care and disease prevention programs.
Almost one fourth of Americans live in rural areas and frequently lack access to adequate physical and mental health care. As many as 21 million of the 34 million people living in underserved rural areas are without access to a primary care provider. Even in areas where providers do exist, there are numerous limits to access, such as geographical barriers lack of transportation, and lack of knowledge about available resources. Due to the diversity of rural populations, language and cultural obstacles are often a factor in the access to medical care.
Compound these problems with limited financial resources, and the result is that many Americans living in rural communities go without vital health care, especially preventive care. Children fail to receive immunizations and routine checkups. Preventable illnesses and injuries occur needlessly, and lead to expensive hospitalizations. Early symptoms of emotional problems and substance abuse go undetected, and often develop into full-blown disorders.
An Institute of Medicine, IOM, report entitled, ``Reducing Risks for Mental Disorders: Frontiers for Preventive
Intervention Research,'' highlights the benefits of preventive care for all health problems. The training of health care providers in prevention is crucial in order to meet the demand for care in underserved areas. Currently, rural health care providers lack preventive care training opportunities.
Interdisciplinary preventive training of rural health care providers must be encouraged. Through such training programs, rural health care providers can build a strong educational foundation in the behavioral, biological, and psychological sciences. Interdisciplinary team prevention training will also facilitate operations at sites with both health and mental health clinics by facilitating routine consultation between groups. Emphasizing the mental health disciplines and their services as part of the health care team will contribute to the overall health of rural communities.
The Rural Preventive Health Care Training Act of 2003 would implement the risk-reduction model described in the IOM study. This model is based on the identification of risk factors and targets specific interventions for those risk factors.
The human suffering caused by poor health is immeasurable, and places a huge financial burden on communities, families, and individuals. By implementing preventive measures to reduce this suffering, the potential overall health and financial savings are enormous.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, on behalf of our Nation's clinical social workers, I am introducing legislation to amend the Public Health Service Act. This legislation would: 1. establish a new social work training program, 2. ensure that social work students are eligible for support under the Health Careers Opportunity Program, 3. provide social work schools with eligibility for support under the Minority Centers of Excellence programs, 4. permit schools offering degrees in social work to obtain grants for training projects in geriatrics, and 5. ensure that social work is recognized as a profession under the Public Health Maintenance Organization Act.
Despite the impressive range of services social workers provide to people of this Nation, few Federal programs exist to provide opportunities for social work training in health and mental health care.
Social workers have long provided quality mental health services to our citizens and continue to be at the forefront of establishing innovative programs to serve our disadvantaged populations. I believe it is important to ensure that the special expertise social workers possess continues to be available to the citizens of this Nation. This bill, by providing financial assistance to schools of social work and social work students, acknowledges the long history and critical importance of the services provided by social work professionals. I believe it is time to provide them with the recognition the deserve.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, today I introduce legislation to amend Chapter 74 of Title 38, United States Code, to revise certain provisions relating to the appointment of clinical and professional psychologists in the Veterans Health Administration, VHA. The VHA has a long history of maintaining a staff of the very best health care professionals to provide care to those men and women who have served our country in the Armed Forces.
Recently, a distressing situation regarding the care of our veterans has come to my attention: the recruitment and retention of psychologists in the VHA of the Department of Veterans Affairs has become a significant problem.
The Congress has recognized the important contribution of the behavioral sciences in the treatment of several conditions afflicting a significant portion of our veterans. Programs related to homelessness, substance abuse, and post traumatic stress disorder have received funding from the Congress in recent years.
Psychologists, as behavioral science experts, are essential to the successful implementation of these programs. Consequently, the high vacancy and turnover rates for psychologists in the VHA might seriously jeopardize these programs and will negatively impact overall patient care in the VHA.
Recruitment of psychologists by the VHA is hindered by a number of factors including a pay scale that is not commensurate with private sector rates together with a low number of clinical and professional psychologists appearing on the register of the Office of Personnel Management, OPM. Most new hires have no post-doctoral experience, and are hired immediately after a VHA internship. Recruitment, when successful, takes up to six months or longer.
Retention of psychologists in the VHA system poses an even more significant problem. I have been informed that almost 40 percent of VHA psychologists have five years or less of post-doctoral experience. Psychologists leave the VHA system after five years because they have almost reached peak levels for salary and professional advancement. Under the present system, psychologists cannot be recognized, or appropriately compensated, for excellence or for taking on additional responsibilities such as running treatment programs.
In effect, the current system for hiring psychologists in the VHA supports mediocrity, not excellence and mastery. Our veterans with behavioral and mental health disorders deserve better psychological care from more experienced professionals than they are now receiving.
Currently, psychologists are the only doctoral level health care providers in the VHA who are not included in Title 38. This is without question a significant factor in the recruitment and retention difficulties that I have mentioned.
Title 38 appointment authority for psychologists would help ameliorate the recruitment and retention problems. The length of time needed to recruit psychologists could be shortened by eliminating the requirement for applicants to be rated by the OPM. This would also encourage the recruitment of applicants who are not recent VHA interns by reducing the amount of time between identifying a desirable applicant and being able to offer that applicant a position.
It is expected that problems in retention will be greatly alleviated by the implementation of a Title 38 system that offers financial incentives for psychologists to pursue professional development. Achievements that would merit salary increases include such activities as assuming supervisory responsibilities for clinical programs, implementing innovative clinical treatments that improve the effectiveness and efficiency of patient care, making significant contributions to the science of psychology, and becoming a Fellow of the American Psychological Association.
The addition of psychologists to Title 38, as proposed by this amendment, would provide relief for the retention and recruitment issues and enhance the quality of care for our veterans and their families.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, today I introduce legislation to amend Title 18 of the United States Code to allow our Nation's clinical social workers to use their mental health expertise on behalf of the Federal judiciary by conducting psychological and psychiatric exams.
I feel that the time has come to allow our Nation's judicial system to have access to a wide range of behavioral science and mental health expertise. I am confident that the enactment of this legislation would be very much in our Nation's best interest.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, today I am introducing legislation that would provide a Federal charter for the National Academies of Practice. This organization represents outstanding medical professionals who have made significant contributions to the practice of applied psychology, medicine, dentistry, nursing, optometry, osteopathy, podiatry, social work, veterinary medicine, and pharmacy. When fully established, each of the ten academies will possess 100 distinguished practitioners selected by their peers. These academics will be able to provide the Congress of the United States and the executive branch with considerable health policy expertise, especially from the perspective of those individuals who are in the forefront of actually providing health care.
As we continue to grapple with the many complex issues surrounding the delivery of health care services, it is clearly in our best interest to ensure that the Congress has direct and immediate access to the recommendations of an interdisciplinary body of health care practitioners.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, today I introduce the Clinical Social Workers' Recognition Act of 2003 to correct a continuing problem in the Federal Employees Compensation Act. This bill will also provide clinical social workers the recognition they deserve as independent providers of quality mental health care services.
Clinical social workers are authorized to independently diagnose and treat mental illnesses through public and private health insurance plans across the nation. However, Title V of the United States Code, does not permit the use of mental health evaluations conducted by clinical social workers for use as evidence in determining workers' compensation claims brought by federal employees. The bill I am introducing corrects this problem.
It is a sad irony that federal employees may select a clinical social worker through their health plans to provide mental health services, but may not go to this same professional for workers' compensation evaluations. The failure to recognize the validity of evaluations provided by clinical social workers unnecessarily limits Federal employees' selection of a provider to conduct the workers' compensation mental health evaluations. Lack of this recognition may well impose an undue burden on Federal employees where clinical social workers are the only available providers of mental health care.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, I rise to introduce legislation that would exempt from the Airport and Airway Trust Fund excise taxes on air transportation by helicopters of individuals and cargo for the purpose of conducting removal and environmental restoration activities relating to unexploded ordnance on the Island of Kahoolawe.
The Kahoolawe Island Unexploded Ordnance Clearance and Environmental Restoration Project is authorized under Title X of the Fiscal Year 1994 Department of Defense Appropriations Act. The Island of Kahoolawe is uninhabited, and it served as a bombing range for the Department of Defense until 1990. The Department of Defense is currently in the process of cleaning up and restoring Kahoolawe for its eventual return to the State of Hawaii.
The Airport and Airway Trust Fund excise taxes help support our nation's air traffic systems and airport infrastructures. However, there are no airports or landing zones on Kahoolawe that receive benefits from the Trust Fund. In addition, the taxes place an undue burden on the air transportation services provided to the Kahoolawe Clearance Project. Compared to a normal airline whose aircraft make fewer trips per day over much longer distances, the services provided to the project are very frequent, with many trips over very short distances. I urge my colleagues to support this measure.
I ask unanimous consent that the full text of my bill be printed in the Record.
Mr. President, I rise to introduce legislation that would extend to qualified teaching hospital support organizations the existing debt-financed property rules that apply to tax-exempt educational organizations, pension funds, and investment consortia of qualified schools and funds.
In a June 21, 2002, article, the New York Times describes the financial straits that nonprofit hospitals now face. More and more people in our weakened economy are seeking medical care from nonprofit hospitals. As a condition for Federal tax exemption, nonprofit hospitals must provide significant charitable services. Fees from other patients, especially in orthopedics, cardiology, and oncology, have in the past, allowed nonprofit hospitals to cover the expense of caring for the poor.
For-profit entrepreneurs, however, are better positioned to win away these specialty care patients because they are not burdened by the same requirement to provide indigent care. Consequently, investors and lenders have readily funded for-profit health care ventures. This available capital allows profit-making companies to build the most up- to-date facilities in competing for the high-margin patient.
No doubt, for-profit operations do offer charity care, but their profit orientation limits the amount they will provide. For example, residency and fellowship programs to train our doctors are not profitable, and, therefore, as the New York Times points out, nearly all the postgraduate medical education in the United States is provided by the nonprofit hospitals.
Of course, rising costs, such as for wages, supplies, and insurance, further compound the problem of nonprofit hospitals of stretching their income to cover significant charitable services. In addition, many of these nonprofit hospitals cannot raise or borrow the capital to modernize. They cover operating costs by postponing hospital maintenance and deferring the purchase of new technology, exacerbating an already bad situation. Eventually, as the New York Times article documents, more and more nonprofit hospitals will be forced to sell their facilities to for-profit enterprises.
The Queen's Medical Center in Honolulu faces these very same financial difficulties. This 143-year-old nonprofit hospital system maintains the largest private, nonprofit hospital in my state. It is a teaching hospital that provides residency training in a number of areas, and it treated 18,000 inpatients and 200,000 outpatients in 2001. With the only accredited trauma center in Hawaii, it served over 40,000 individuals without regard to their ability to pay. Medicaid and Medicare patients comprise nearly 60 percent of all its admissions.
In addition, the Center directly, or through its affiliates, operates community clinics throughout the state, conducts professional training programs, offers home health services, maintains a medical library, in addition to running a rural hospital on the rural, economically depressed Island of Molokai. Like other nonprofit hospitals, the Center provides significant charitable care, with nearly $23 million in uncompensated services in 2002.
Further, like other nonprofit hospitals, it has grave problems raising the funds needed to support all these uncompensated services while at the same time renovating and expanding its treatment facilities. A recent report from the Healthcare Association of Hawaii estimated that the hospitals in my state, similar to hospitals nationwide, will face additional, major losses this year due to reduced reimbursements, higher costs, and greater demand for services.
In the past, Congress has allowed tax-exempt schools, colleges, universities, and pension funds to invest in real estate development so as to help meet these institutions' financial needs. Under the tax code these organizations can incur debt to develop their real estate holdings without triggering the tax on unrelated business activities. Our nonprofit teaching hospitals have equal if not more pressing needs and should have the same opportunity. Unless Congress wishes to assume responsibility for charitable health care, we must help our nonprofit hospitals, especially the teaching hospitals. My bill, which is identical to an amendment that the Senate had previously
adopted during the debate of the Economic Growth and Tax Relief Reconciliation Act of 2001, would allow support organizations for qualified nonprofit teaching hospital to engage in limited real estate activities. These nonprofit hospitals would thereby be able to supplement their investment income in order to meet the growing demand placed on them for more community service.
I ask unanimous consent that the text of the bill and the New York Times article be printed in the Record.
Mr. President, I ask unanimous consent to lay aside the pending amendment and ask for immediate consideration of amendment No. 27, which is at the desk. I yield. Around 10 or 15 minutes. No longer.…
Mr. President, I ask unanimous consent to lay aside the pending amendment and ask for immediate consideration of amendment No. 27, which is at the desk.
I yield.
Around 10 or 15 minutes. No longer.
Reserving my right to object, Senator Collins of Maine, also a cosponsor, wants to speak on this amendment.
So her rights will be protected.
Mr. President, I am offering an amendment today to increase funding for the LIHEAP program, the Low-Income Home Energy Assistance Program, to $2 billion for this fiscal year. I am offering this amendment with my colleague and friend from Maine, Senator Susan Collins. Senator Collins wanted to be here to offer the amendment with me, but she is traveling from Maine in very difficult weather circumstances today, and when she arrives this afternoon she will take the floor to speak on behalf of this amendment.
I also thank my colleagues, Senator Dayton, Senator Snowe, Senator Jeffords, Senator Kennedy, Senator DeWine, Senator Sarbanes, Senator Cantwell, Senator Stabenow, Senator Clinton, Senator Dodd, Senator Kerry, Senator Levin, Senator Corzine, Senator Leahy, and Senator Durbin, who are all cosponsors of this amendment.
At this juncture I ask unanimous consent that Senators Chafee, Schumer, Harkin, Fitzgerald, Murray, Bingaman, and Lautenberg be added as cosponsors of this amendment.
As you can see, this amendment enjoys widespread and bipartisan support. I think it is clear, particularly given the weather today, that support is not unmerited.
Let me begin by offering a weather report, if you will. It is today, in Washington, around 30 degrees. But if you are outside, it feels much colder. The low will be somewhere around 14 degrees.
As you go along the country: Albany, NY, today, 17 degrees the high; Baltimore, 29 degrees; Chicago, 18 degrees; Cleveland, 15 degrees; Des Moines, IA, 12 degrees; Detroit, MI, 18 degrees; Milwaukee, 14 degrees; Omaha, 12 degrees; and my State, Rhode Island, they list the high as 23, but this morning when I left at 5 a.m. it was 5 degrees, but with the wind chill factor it was below zero.
This amendment is important because there are Americans who are suffering because of the cold. But it is not just about cold weather in certain parts of the country at this time of the year; the LIHEAP program is also important since it covers those hot stretches in the summertime when energy bills in the Southwest and the Southeast are astronomical and impact adversely low-income Americans.
We need this program throughout the year. We particularly need it today to protect people from the cold, but, as I said, those individuals who live in Alabama or Arkansas or Texas or southern California need LIHEAP in the summertime and it should be there for them, as it should be for those people who struggle today with the cold weather in the Northeast and Midwest.
In fact, yesterday the coldest place in America was Embarras, MN, minus 26 degrees. It is one thing to be in Embarras, but it is also something else to be freezing in Embarras. So I think we have to do something to ensure that we can protect low-income Americans from the cold that is affecting them today.
Twenty-five years ago Congress passed the LIHEAP program. They knew that people struggling with all sorts of expenses--raising a family, providing food to put on the table--they needed help in these cold months in the Northeast and those hot spells in the Southeast, to provide for assistance so they could afford the energy they needed.
During his campaign, President Bush promised to fully fund LIHEAP to help these low-income families meet their needs for heat in the winter and cooling in the summer. If he stood by his promise, the President would demand the $2 billion for which we are asking; rather, he has proposed cutting that money. This year, despite rising energy prices, colder weather, and increased unemployment, the President's budget has proposed to cut LIHEAP by $300 million. This cut would deny assistance to literally hundreds of thousands of Americans. The appropriations bill that we are considering today does restore part of this funding. I commend and thank Senators Stevens and Byrd and Specter and Harkin and their staffs for their hard work to maintain this funding, but we want to restore an additional $300 million to bring it up to the $2 billion level that will just be, in terms of purchasing power, equal to last year. We want to do that and I hope we can do that today through this amendment process.
As I said, we could add this $300 million, but we are not requesting new funding. This amendment simply requires the administration to give the States the $300 million the Congress provided in the fiscal year 2001 Supplemental Appropriations Act. Congress provided $300 million in LIHEAP funding 2 years ago to help these families meet their needs when energy costs increase, when there are significant disconnections of utilities because if you can't pay the gas bill or electric bill, eventually you will be disconnected and you will be without any type of energy.
All of these efforts in terms of funding LIHEAP have been urged on the present administration by the Governors. They understand because they are right there in the trenches, if you will, dealing with the issue of people literally freezing today and sweltering in the summertime.
Cutting heating assistance for seniors and low-income Americans is not the way to go, particularly when it is juxtaposed against proposed significant tax cuts. If we can't at least provide people with a warm shelter in the winter and a cool shelter in the summer when thinking about large-scale tax cuts, to me, seems somewhat inappropriate.
LIHEAP, even with our amendment, will be seriously underfunded. Providing this $2 billion in regular funding to the program will just equal the purchasing power of last year. What it does not recognize is that energy prices are soaring. Today, on the front page of the Providence Journal, there is an article about the cold wave that is sweeping our region of the country, but also the fact that in order to keep up with the demand for oil, which is our principal fuel, because the demand is so huge, our Governor had to suspend regulations to allow delivery drivers to work through periods of time when they are normally required to rest. What is also happening is the prices are jumping up because of uncertainty in Venezuela and uncertainty in the gulf.
This combination of increased prices, cold temperatures, and also an economy that sees more and more people unemployed, is the perfect storm, if you will, when it comes to requiring assistance for heating throughout the Northeast in particular.
There is something else that happens when people are challenged for energy, when they do without. They take their own improvisational means to keep warm. They turn the electric stove on and open up the oven. They go out and buy portable heaters. It is more than coincidence that the number of house fires shows a sharp increase in the months of cold weather in the Northeast because people are improvising. So this is another danger that must be recognized.
This amendment simply allows people to stay warm in the winter and to escape scorching heat in the summertime. It is something that is basic. It is something I believe we should support extensively. I am pleased and proud that so many of my colleagues have joined Senator Collins and me on a bipartisan basis. I hope this is one amendment we can quickly adopt and include in this omnibus appropriations bill. I hope, also, we can at least signal to those people who are looking for some modest assistance in these cold days that we have heard their calls, we are responding to our political leaders at the State level, the Governors, and we are giving them the resources to at least keep people from freezing in a very difficult time.
I asked in my initial statement that we call up amendment No. 27. I ask now it be called up.
I thank the Chair.
Mr. President, I ask unanimous consent that Senator Rockefeller be added to the amendment as a cosponsor.
The PRESIDING OFFICER Mr. (Ensign) Without objection, it is so ordered.
I thank the Chair. I suggest the absence of a quorum.
I have no objection. I think I can assure the Senator that I will be finished before 4 o'clock.
Mr. President, under the unanimous consent, I call up amendment No. 40.
Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.
Mr. President, today I join with Senator Durbin and several other of my colleagues in calling for an extension of Federal unemployment benefits for the 1 million long-term unemployed workers who have exhausted their benefits and were not aided by the legislation that we passed on January 8.
On January 8, we passed a bill that extended benefits to unemployed workers who were cut off from receiving their benefits on December 28. With the December 28th deadline, approximately 800,000 workers were cut off from receiving their benefits. We essentially gave them 13 weeks of extended benefits, but in doing so we neglected to provide additional benefits for a million Americans who lost their unemployment benefits-- first, their State benefits of 26 weeks, and then their extended Federal unemployment benefits.
In recent recessions, Congress always acted to respond to the plight of these unemployed Americans who are searching for work, trying to maintain their households, and trying to maintain their families. In the early 1990s, Congress extended benefits five different times--three of those times during the Presidency of President George Herbert Walker Bush.
In contrast to the 1990s, the situation is even greater today. At the end of December 2002, an estimated 2.2 million workers exhausted their Federal benefits; whereas, in the recession of the 1990s, approximately 1.4 million Americans had exhausted those benefits.
Where is this crisis affecting Americans? It is everywhere. It is estimated that of these 1 million jobless Americans, about 56,800 are from Texas; 44,000 are from Pennsylvania; 43,500 are from Ohio; 37,600 are from North Carolina; 53,000 are from Illinois; 20,000 are from Indiana; 27,000 are from Tennessee; 18,000 are from South Carolina; and 84,000 are from New York. And the list goes on and on.
This is not a rollcall to be proud of because it represents the fact that the economy is not working. These are not small numbers. We overlooked a lot of those Americans when we took partial action on January 8.
This is not just about numbers. This is about people.
I think there is an erroneous perception that somehow these people are not looking hard enough for work; that they are really the hard- core unemployed, transient workers; that somehow they just don't deserve our help. Nothing could be further from the truth.
I will share some stories that have appeared in the press about people who are struggling with this dilemma of unemployment. I think you will find these people are very similar to people in your neighborhoods, in your families. They are Americans who want to work but in this economy cannot find work.
And there is something else that is going on here, too. This economic dilemma has some characteristics of a cyclical unemployment cycle, but many economists believe there are structural issues at work. You see, this is the situation where, for the first time in recent memory, many of these unemployed Americans are highly skilled, highly educated, and highly motivated. Yet they cannot find work.
For example, Laura Carson of Easton, MA, lost her job in July of 2001. She was a human resources executive. She worked for approximately 17 years,
since she graduated from Suffolk University. She has applied for unemployment insurance. She exhausted her State benefits, and then she exhausted her extended benefits. She is still looking. She tried to get a job this holiday season in a retail shop, but she could not find work. She is still looking. Just to survive, she has gone ahead and refinanced her house and taken out a home equity loan. But that is only putting off the inevitable, as bills keep crashing in upon her.
These are the types of people we are trying to help: Susan Brown of Chappaqua, NY, lost her job as a consultant 18 months ago. She used to be a principal in a firm that specialized in Web design. She is one of the victims of this technological bubble that burst. Her company went belly-up in 2001.
This is a woman who has worked for 18 years since she got out of college. She worked through high school and put herself through college. This is exactly what we like to reward in America: hard work, discipline, and dedication. She got remarried over the summer and, ironically--but in this market, not surprisingly--her husband lost his job, also. She has had to dip into her 401(k) plan to make ends meet. She is still looking but still very frustrated about finding work. She said:
There are just no jobs. I can't even tell you how hard it
is.
And prior to her loss of employment, she was making $200,000 a year. This is an example of this new phenomenon where highly skilled, highly motivated, highly educated people just can't find comparable employment in this recession.
Jules Berman of Queens was laid off from his job. He worked for almost 30 years for a New York candy company. He filed for unemployment insurance in December 2001, and he has seen his benefits exhausted. He has never been out of work before in his entire work life.
What you are seeing, again, if you do the math: after 30 years, seeing middle-aged men and women, who are losing their jobs for the first time in their work history, who thought--as we all did, our contemporaries--if you worked hard, got a good education, got in with a good company and strived and struggled each day, you certainly could work until you retired on your pension and your Social Security. That is not the case. And now, at the age of 50, with mortgages, with children who are going to college, with health care bills and health care concerns, they are looking for a job.
That is the reality, and it is not just in the Northeast. Eric Strubble lives in Newcastle, CA. He was laid off from Hewlett-Packard-- another example of the huge downturn in technology companies that has taken place in the last few years. He has filled the gap with these unemployment benefits, but, as he said:
Obviously, if we had to live off it, there would be no way,
but it helps stretch things out a bit.
People don't get unemployment insurance because they don't want to work. It is a fraction of what you make in your salary check each week. The average unemployment benefit is about $256. It does not make up for your lost wages. It allows you, as Mr. Strubble says, to ``stretch things out a bit'' until you get on your feet.
Joyce Smith, 52, of Ardmore, TN, exhausted her $190-a-week benefit in August. She was a factory worker. As she said:
There's not much out there. They don't want people my age.
It's been a panic and a struggle, and you just go into a
depression.
Gary Hineman of Morgantown, PA, an unemployed steelworker who is 48 years old, has worked his whole life. In fact, he fibbed about his age at 16 just to get in the Steelworkers Union. He worked all his life, worked hard, and yet he is looking desperately for work. He said:
If I could speak to Members of Congress, I would tell them
to see how we live and how we feel. They want the economy to
pick up, but there are no jobs to pick it up with.
That is Mr. Hineman. His wife Michelle works as a grocery clerk. They are getting by on her $15-an-hour job.
Mr. Hineman said: ``That is the only thing I've got going for me.'' These are examples. These are the realities. These are the people we are trying to help and we should help: hard-working Americans. Yet we neglected 1 million of them.
Now, as the comments of these individuals suggest, this is a reflection of an economy that is not working. For the first time in 8 years, family incomes have fallen; poverty is increasing; families at all income levels are losing their health insurance; gross domestic product is growing, but it is not growing fast enough to make up the jobs that are necessary so these people can get back to work.
Indeed, the reality for most Americans today is, they live on their paychecks not their portfolios. When the paycheck stops, they are in very difficult circumstances. Our proposal is very simple: Let's give these individuals some more extended unemployment benefits so they can stretch it out a bit longer, find that job, make decisions that are going to get them back in the workforce.
Let me point out that our economy has lost over 2.2 million private payroll jobs since President Bush took office. The unemployment rate is currently 6 percent--nearly 2 percentage points higher than when President Bush took office. Long-term unemployment is very high, and that is the issue we are dealing with in this amendment: giving some support to these long-term unemployed.
By the way, I cannot think of a more efficient stimulus program than giving people looking for work unemployment benefits to tide them over until they find work. The money goes directly to them and directly into the economy. So from the standpoint of economic policy, that makes sense. Certainly from the standpoint of helping citizens of this country, it makes a great deal of sense.
The unemployment insurance trust fund has a $24 billion surplus. The funds are there. We should access them and allow these individuals additional benefits. We have to do more to help working Americans to make sure they make it through a very difficult, very challenging economic situation.
We have done it before, and I hope we can do it again. I hope we will do it again in this bill. This is an issue of great concern for our economy, but, as I have tried to illustrate with these individual stories, this is about our neighbors, people we live with back in our home States, the people we represent, the people who have worked all their lives; and all they want is a chance to keep their heads above water until they can find that job, as they look for that job day in and day out.
I think it is the least we can do for them. I hope we will do it. I am pleased and proud to be joined by Senator Durbin as a cosponsor. I know he will return a bit later to make his comments.
I hope we can, in fact, take up this amendment, adopt it on a strong bipartisan basis, and make sure that all long-term unemployed, not just those who were satisfied in the last legislation--but all the long-term unemployed--get a chance for extended benefits.
I yield the floor.
Mr. President, I am pleased to join with my colleague from Louisiana, Senator Landrieu, in introducing the Access to Affordable Health Care Act, a comprehensive, seven-point plan that builds on the…
Mr. President, I am pleased to join with my colleague from Louisiana, Senator Landrieu, in introducing the Access to Affordable Health Care Act, a comprehensive, seven-point plan that builds on the strengths of our current public programs and private health care system to make quality, affordable health care available to millions more Americans.
One of my top priorities in the Senate has been to expand access to affordable health care for all Americans. There are still far too many Americans without health insurance or with woefully inadequate coverage. More than 41 million Americans do not have health care coverage, including more than 150,000 in Maine.
Health insurance matters. The simple fact is that people with health insurance are healthier than those who are uninsured. People without health insurance are less likely to seek care when they need it, and to forgo services such as periodic check-ups and preventive services. As a consequence, they are more likely to be hospitalized or require costly medical attention for conditions that could have been prevented or treated at a curable stage. Not only does this put the health of these individuals at greater risk, but it also puts additional pressure on our hospitals and emergency rooms, many of them already financially challenged.
Compared with people who have health coverage, uninsured adults are four times, and uninsured children five times, more likely to use the emergency rooms. The costs of care for these individuals are often absorbed by providers and passed on to the covered population through increased fees and insurance premiums.
Maine is in the midst of a growing health insurance crisis, with insurance premiums rising at alarming rates. Whether I am talking to a self-employed fisherman, the owner of a struggling small businesses, or the human resource manager of a large company, the soaring costs of health insurance is a common concern.
Maine's employers are currently facing premium increases of as much as 40 percent a year. These premium increases have been particularly burdensome for small businesses, the backbone of the Maine economy. Many small business owners are caught in a cost squeeze: they know that if they pass on the premium increases to their employees, more of them will decline coverage. Yet, these small businesses simply cannot afford to absorb double-digit increases of 20, 30 or 40 percent, year after year.
The problem of rising costs is even more acute for individuals and families who must purchase health insurance on their own. Monthly insurance premiums often exceed a family's mortgage payment. Clearly, we must do more to make health insurance more available and affordable.
The Access to Affordable Health Care Act, which we are introducing today, it a seven-point plan that combines a variety of public and private approaches to make quality health care coverage more affordable and available. The legislation's seven goals are: One, to expand access to affordable health care for small businesses; two, to make health insurance more affordable for individuals and families purchasing coverage on their own; three, to strengthen the health care safety net for those without coverage; four, to expand access to care in rural and underserved areas; five, to increase access to affordable long-term care; six, to promote healthier lifestyles; and seven, to provide more equitable Medicare payments to Maine providers to reduce the Medicare shortfall, which has forced hospitals, physicians and other providers to shift costs onto other payers in the form of higher charges, which, in turn drives up health care premiums.
Let me discuss each of these seven points in more detail.
First, our legislation will help small employers cope with rising health care costs.
Since most Americans get their health insurance through the workplace, it is a common assumption that people without health insurance are unemployed. The fact is, however, that most uninsured Americans are members of families with at least one full- time worker. As many as 82 percent of Americans who do not have health insurance are in a family with a worker.
Uninsured working Americans are most often employees of small businesses. In fact, some 60 percent of uninsured workers are employed by small firms. Smaller firms generally face higher costs for health insurance than larger firms, which makes them less likely to offer coverage. Small businesses want to provide health insurance for their employees, but the cost is often just too high.
The legislation we are introducing today will help small employers cope with rising costs, by providing new tax credits for small businesses to help make health insurance more affordable. It will encourage those small businesses that do not currently offer health insurance to do so and will help employers that do offer insurance to continue coverage for their employees even in the face of rising costs.
Our legislation will also help increase the clout of small businesses in negotiating with insurers. Premiums are generally higher for small businesses because they do not have as much purchasing power as large companies, which limits their ability to bargain for lower rates. They also have higher administrative costs because they have fewer employees among whom to spread the fixed cost of a health benefits plan. Moreover, they are not as able to spread the risks of medical claims over as many employees as large firms.
Our legislation will help address these problems by authorizing federal grants to provide start-up funding to States to assist them with the planning, development, and operation of small employer purchasing cooperatives. These cooperatives will help to reduce health care costs for small employers by allowing them to band together to purchase health insurance jointly. Group purchasing cooperatives have a number of advantages for small employers. For example, the increased numbers of participants in the group help to lower the premium costs for all. Moreover, they decrease the risk of adverse selection and spread the cost of health care over a broader group.
The legislation would also authorize a Small Business Administration grant program for States, local governments and non-profit organizations to provide information about the benefits of health insurance to small employers, including tax benefits, increased productivity of employees, and decreased turnover. These grants would also be used to make employers aware of their current rights under State and Federal laws. While costs are clearly a problem, many small employers are not fully aware of the laws that have already been enacted by both States and the Federal Government to make health insurance more affordable. For example, in one survey, 57 percent of small employers did not know that they could deduct 100 percent of their health insurance premiums as a business expense.
The legislation would also create a new program to encourage innovation by awarding demonstration grants in up to 10 states conducting innovative coverage expansions, such as alternative group purchasing or pooling arrangements, individual or small group market reforms, or subsidies to employers or individuals purchasing coverage. The States have long been laboratories for reform, and they should be encouraged in the development of innovative programs that can serve as models for the nation.
The Access of Affordable Health Care Act will also expand access to affordable health are for individuals and families.
One of the first bills I cosponsored as a Senator was legislation to establish the State Children's Health Insurance Program, S-CHIP, which provides insurance for the children of low-income
parents who cannot afford health insurance, yet make too much money to qualify for Medicaid. This important program has provided affordable health insurance coverage to over four million children nationwide, including over 12,000 who are currently enrolled in the MaineCare program. Even so, nationwide, hundreds of thousands of qualified children have yet to be enrolled in this program, many because their parents simply don't know that they are eligible for the assistance.
Our legislation builds on the success of this program and gives States a number of new tools to increase participation. For example, the bill gives States the option of covering the parents of the children who are enrolled in programs like MaineCare. States could also use funds provided through this program to help eligible working families pay their share of an employer-based health insurance plan. In short, the legislation will help ensure that the entire family receives the health care they need.
The legislation will also allow States to expand coverage to eligible legal immigrants through Medicaid and SCHIP. Maine is one of a number of states that is currently covering eligible legal immigrant pregnant women and children under Medicaid using 100 percent state dollars. Giving States the option of covering these children and families under Medicaid will enable them to receive matching federal funds, and will help relieve the pressure that most a State budgets are currently experiencing due to the economic downturn and rising Medicaid costs.
Many people with serious health problems encounter difficulties in finding a company that is willing to insure them. To address this problem, the Access to Affordable Health Care Act authorizes Federal grants to provide money for states to create high-risk pools through which individuals who have pre-existing health conditions can obtain affordable health can obtain affordable health insurance.
And finally, to help make health coverage more affordable for low and middle-income individuals and families who do not have employer- provided coverage and who are not eligible for the expanded public programs, our legislation would provide an advanceable, refundable tax credit of up to $1,000 for individuals earning up to $30,000 and up to $3,000 for families earning up to $60,000. This could provide coverage for up to 6 million Americans who would otherwise be uninsured for one or more months, and will help many more working lower-income families who currently purchase private health insurance with little or no government help.
The Access to Affordable Health Insurance Act will also help to strengthen our nation's health care safety net by doubling funding over five years for the Consolidated Health Centers program, which includes community, migrant, public housing and homeless health centers. These centers, which operate in underserved rural and urban communities, provide critical primaary care services to millions of Americans regardless of their ability to pay. About 20 percent of the patients treated at Maine's community health centers have no insurance coverage and many more have inadequate coverage, so these centers are a critical part of our Nation's health care safety net.
The problem of access to affordable health care services is not limited to the uninsured, but it also shared by many Americans living in rural and underserved areas where there is a serious shortage of health care providers. The Access to Affordable Health Care Act therefore includes a number of provisions to strengthen the National Health Service Corps, which supports doctors, dentists, and other clinicians who serve in rural and inner city areas.
For example, taxing students adversely affects their financial incentive to participate in the National Health Services Corps and provide health care services in underserved communities. The tax bill passed by the last Congress provided a tax deduction for National Health Service Corps scholarship recipients to deduct all tuition, fees and related educational expenses from their income taxes. The deduction did not extend to loan repayment recipients however, so loan repayment amounts are still taxed as income. Participants in the loan repayment program are actually given extra payment amounts to help them cover their tax liability which, frankly, is a little ridiculous. It makes much more sense to simply exempt them from taxation in the first place.
In addition, the legislation will allow National Health Service Corps participants to fulfill their commitment on a part-time basis. Current law requires all National Health Service Corps participants to serve full time. Many rural communities, however, simply do not have enough volume to support a full-time health care practitioner. Moreover, some sites may not need a particular type of provider, for example, a dentist, on a full-time basis. Some practitioners may also find part- time service more attractive, which, in turn, could improve recruitment and retention. Our bill will therefore give the program additional flexibility to meet community needs.
Long-term care is the major catastrophic health care expense faced by older Americans today, and these costs will only increase with the aging of the baby boomers. Most Americans mistakenly believe that Medicare or their private health insurance policies will cover the costs of long-term care should they develop a chronic illness or cognitive impairment like Alzheimer's Disease. Unfortunately, far too many do not discover that they do not have coverage until they are confronted with the difficult decision of placing a much-loved parent or spouse in long-term care and facing the shocking realization that they will have to cover the costs themselves.
The Access to Affordable Health Care Act will provide a tax credit for long-term care expenses of up to $3,000 to provide some help to those families struggling to provide long-term care to a loved one. It will also encourage more Americans to plan for their future long-term care needs by providing a tax deduction to help them purchase private long-term care insurance.
Health insurance alone is not going to ensure good health. As noted author and physician Dr. Michael Crichton has observed, ``the future of medicine lies not in treating illness, but preventing it.'' Many of our most serious health problems are directly related to unhealthy behaviors, smoking, lack of regular exercise and poor diet. These three major risk factors alone have made Maine the state with the fourth highest death rate due to four largely preventable diseases: cardiovascular disease, cancer, chronic lung disease and diabetes. These four chronic diseases are responsible for 70 percent of the health care problems in Maine.
Our bill therefore contains a number of provisions designed to promote health lifestyles. An ever-expanding body of evidence shows that these kinds of investments in health promotion and prevention offer returns not only in reduced health care bills, but in longer life and increased productivity. The legislation will provide grants to States to assist small businesses wishing to establish ``worksite wellness'' programs for their employees. It would also authorize a grant program to support new and existing ``community partnerships,'' such as the Healthy Community Coalition in Franklin County, to promote healthy lifestyles among hospitals, employers, schools and community organizations. And, it would provide funds for States to establish or expand comprehensive school health education, including, for example, physical education programs that promote lifelong physical activity, healthy food service selections and programs that promote a healthy and safe school environment.
And finally, the Access to Affordable Health Care Act would promote equity in Medicare payments and help to ensure that the Medicare system rewards rather than punishes states like Maine that deliver high- quality, cost effective Medicare services to our elderly and disabled citizens.
According to a recent study in the Journal of the American Medical Association, Maine ranks third in the nation when it comes to the quality of care delivered to our Medicare beneficiaries. Yet we are 11th from the bottom when it comes to per-beneficiary Medicare spending.
The fact is that Maine's Medicare dollars are being used to subsidize higher reimbursements in other parts of the country. This simply is not fair. Medicare's reimbursement systems have historically tended to favor urban
areas and failed to take the special needs of rural states into account. Ironically, Maine's low payment rates are also the result of its long history of providing high-quality, cost-effective care. In the early 1980s, Maine's lower than average costs were used to justify lower payment rates. Since then, Medicare's payment policies have only served to widen the gap between low and high-cost states.
As a consequence, Maine's hospitals, physicians and other providers have experienced a serious Medicare shortfall, which has forced them to shift costs on to other payers in the form of higher charges. The Medicare shortfall is one of the reasons that Maine has among the highest health insurance premiums in the nation. The provisions in the Access to Affordable Health Care Act provide a complement to legislation that I introduced in the last Congress with Senator Russ Feingold to promote greater fairness in Medicare payments to physicians and other health professionals by eliminating outdated geographic adjustment factors that discriminate against rural areas.
The Access to Affordable Health Care Act outlines a blueprint for reform based upon principles upon which I believe a bipartisan majority in Congress could agree. The plan takes significant strides toward the goal of universal health care coverage by bringing millions more Americans into the insurance system, by strengthening the health care safety net, and by addressing the inequities in the Medicare system.
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Mr. President, I ask unanimous consent that following the remarks Senator Reed I be recognized for 15 minutes. Mr. President, I have to preside at 4 o'clock. May I ask unanimous consent to be…
Mr. President, I ask unanimous consent that following the remarks Senator Reed I be recognized for 15 minutes.
Mr. President, I have to preside at 4 o'clock. May I ask unanimous consent to be recognized to speak at 5 o'clock after I am finished presiding?
Mr. President, I rise today in opposition to the proposed amendment to stop the New Source Review reforms from moving forward, and in support of Senator Inhofe's second-degree amendment. I am pleased to have an opportunity to speak about this because there is a lot of confusion among our colleagues and throughout the country over what NSR New Source Review--means. The program is a policy that is in desperate need of reform. Reform is critical to public health and the environment, to our Nation's economy and energy supply, and to the safety of our country's workforce.
The program was created back in 1977. It simply requires new facilities to install the ``best demonstrated technology'' to control emissions. The program also requires older facilities to update their equipment to ``state of the art'' when they do major modifications. I underscore ``major modifications.''
When the NSR program was created 26 years ago, Congress believed that incorporating pollution controls whenever new facilities are built or when older ones are significantly modified was the most efficient way of controlling pollution. The EPA issued their first NSR regulation, a 20-page document, in 1980. This implementing regulation excluded from the definition of
modification ``routine maintenance, repair and replacement.'' Since then, the EPA has produced over 4,000 pages of guidance documents in an attempt to explain and reinterpret the regulations. I say ``attempt'' because in fact the guidance documents are very confusing.
It is important for the public and Members of this body to understand that the lawsuits blossoming all over the United States for NSR violations were brought about by an EPA guidance document, not new regulations, an EPA guidance document in 1998 which changed the definition of routine maintenance. This continual reinterpretation has led to confusion, misunderstanding by the EPA, the States, and the industries affected by the regulations.
This chart, which I have used at hearings before the Government Affairs and EPW Committees, shows why companies are reluctant to subject themselves to New Source Review permits. If you were a company and you were going to do routine maintenance and repair, would you ever submit yourself to this maze? I am sorry it is in such small print because my colleagues can't see it. But this is the kind of thing they are being required to do if they want to go forward with routine maintenance and repair.
Not only has the situation led to costly litigation, but to a climate of uncertainty, forcing companies to forgo needed maintenance and repair work until the regulatory policies are clarified. Ironically, this uncertainty has led companies to reduce their investments in cleaner, less polluting technologies for fear that the shifting regulatory environment would declare such improvements a violation.
While the goal of the Clean Air Act has been to make the air cleaner, the NSR program has at times worked against this goal and wound up having the opposite effect.
I want to clarify a very important point often misconstrued by the opponents of NSR reform. All major facilities are regulated by the Clean Air Act. No plants are exempt from the Act, and no plants are ``grandfathered.'' All facilities have permit levels that they must meet for their emissions. They must abide by ozone and particulate matter standards, what we refer to as maximum achievable control technology standards, the acid rain program, the NOX SIP Call, the regional haze program, and a range of other regulatory programs that apply to each industry or facility. Furthermore, states implement source-specific emission limits through state implementation plans that can be set at more stringent emissions levels if the states deem it necessary.
In fact, as this chart shows, the Clean Air Act has been extremely successful in reducing emissions of pollutants. Since the 1970s, emissions of all criteria pollutants--carbon monoxide, lead, particulate matter, nitrogen oxide, ozone, and sulfur dioxide--have been reduced by 29 percent. This is significant when you consider the fact that over the past 30 years, our population has increased by 38 percent, our Nation's energy consumption has increased by 45 percent, the number of miles our vehicles travel each year has increased by 143 percent, and our gross domestic product has increased by 160 percent.
While our country has grown, emissions have decreased. However, I strongly believe that more can and should be done.
I have worked tirelessly over my entire career to improve our nation's and Ohio's air quality. In the 1970s, as Mayor of Cleveland, I worked on this issue firsthand by operating a 57 megawatt municipally owned utility. I also spent considerable effort as Governor to get 28 of Ohio's counties into attainment for ozone. Through my efforts to institute an automobile emissions testing program and convince one of our major coal fired facilities to install a scrubber, all 88 of Ohio's counties met the air quality standard requirements of the Clean Air Act by the time I left office.
I have continued this work here in the Senate since 1999. As chairman of the Clean Air Subcommittee, I have been working to further reduce pollution from power plants through a multi-emissions strategy. Last year, we worked on this issue in the EPW Committee. Unfortunately, the majority moved ahead on a proposal that would have been unjustifiably devastating to our economy and very costly for consumers and businesses alike.
In the 108th Congress, I plan to work to craft a bipartisan multi- emissions strategy that makes real reductions possible right away. I urge my colleagues to lay politics aside and work with me to improve public health, protect our environment, provide better regulatory certainty, and ensure continued access to safe, reliable, and low-cost electricity.
Mr. President, the NSR program plays an important role in reducing power plant emissions. It also--this is something that is not well understood--applies to every stationary source in the country. When people talk about this, they think it is just utilities that are involved. Rather, we are talking about refineries, chemical plants, and manufacturing facilities. NSR applies to all of them, and all of them out there today are uncertain about what they should be doing and, as a result, are doing nothing.
The current confusion over NSR is actually contributing to polluting our air. When NSR is clarified, I am sure that many of these companies would move on with their programs. They would reduce emissions, and they would make their facilities more efficient.
It is imperative that the NSR program be reformed if we are to improve air quality because at present companies either can't or won't make the necessary changes to improve efficiency and the environment. Without NSR reform, multi-emissions legislation will not work.
We need to do everything possible to encourage new investments in more efficient equipment that produces fewer noxious emissions. That is why Senator Conrad and I, along with 24 of our colleagues, sent a bipartisan letter to Administrator Whitman in May calling on her to ``complete the [NSR] review and to undertake the necessary regulatory process in the near future to clarify and reform the NSR program.''
I ask unanimous consent that this letter be printed in the Record.
Our letter was bipartisan, nine Democrats and 17 Republicans, all calling for reform. While I am sure all 26 of us would not necessarily agree on exactly what the reforms should ultimately look like, we did all agree that we ought to get moving with it. We are running out of time.
In our letter to Ms. Whitman we also stated:
We have heard of many situations in which confusion over
the NSR program is having a dampening effect on utilities'
willingness to perform energy efficiency and environmental
improvement projects.
Mr. President, I'd like to share just one of the examples that I am aware of. For refiners, I am aware of an incident in which tubes on a reboiler furnace failed, resulting in a fire which damaged the remaining tubes. New tubes were installed and the unit was back in production within two weeks. However, they were in violation of NSR due to the ``actual-to-potential'' emissions test. If NSR regulations were followed, the unit should have undergone the permit process, resulting in the refinery being out of commission for five to 18 months. I think my colleagues should remember that the next time a refinery closes and prices spike.
Mr. President, the 26 Senators who signed this letter are not the only ones who think that NSR has prohibited reductions in emissions. This is really important. In August 2001, the National Governors Association passed a unanimous resolution calling for NSR reform. Their resolution states ``New Source Review requirements should be reformed to achieve improvements that enhance the environment and increase energy production capacity, while encouraging energy efficiency, fuel diversity, and the use of renewable resources.''
Furthermore, according to the National Coal Council study, commissioned by the Clinton administration, if the EPA were to return to the pre-1998 NSR definitions, we could generate 40,000 new Megawatts of electricity from coal-fired facilities and reduce pollution at the same time.
The current NSR program threatens our energy supply due to both short-term and long-term reliability problems. According to the Department of Energy, electricity demand is projected to grow by 1.8 percent per year through 2020. At the same time, no new nuclear plants have been constructed since the 1970s and the number of new coal facilities has declined significantly since the 1980s. Our nation's use of coal will continue to increase, resulting in greater demand on our aging coal facilities. In order to meet the growing electricity demand, more frequent maintenance and repair work will be needed to keep these coal facilities on-line.
Another point that needs to be made, which is often overlooked in this debate, is that the costs of NSR are passed on to the ratepayers. Somehow people forget that the customer always pays. Too often, the environment and the ratepayer get lost in the constant duel between extremist environmental groups and recalcitrant companies.
Higher energy prices will have a more profound effect on low-income families and the elderly. The Department of Energy, as this chart shows, claims that those individuals or families making less than $10,000 per year will spend 29 percent of their income on energy costs, and those making between $10,000 and $24,000 a year will spend 13 percent of their income on energy costs.
The NSR program not only prevents the installation of more efficient and less polluting technologies, but it also interferes with safety improvements.
According to the Boilermakers Union, ``Maintenance is necessary to maintain worker safety. Electric generating facilities harness tremendous forces: superheater tubes exposed to flue gases over 2000 degrees; boilers under deteriorating conditions; and parts located in or around boilers subjected to both extreme heat and pressure.''
Failure to maintain and repair equipment creates a potential danger to the lives and safety of the men and women who work on these facilities, and they are not moving forward right now with many of these repairs.
Fortunately, the EPA has responded to the bipartisan and strong call for reform of the New Source Review program. On December 31, 2002 the EPA published a rule that included five reforms of the program. Some of my colleagues might not know that the final rule was actually proposed by the Clinton administration. Let me repeat: These reforms were proposed by the Clinton administration. They are bipartisan.
The reforms are the result of over 10 years of work by the EPA across three administrations and have involved over 130,000 written comments in the last year alone. The EPA has conducted a detailed environmental analysis of the rule and found that the reforms will have a net benefit to the environment, a net benefit. They are good for the environment. Again, I want to stress to my colleagues that Senator Inhofe's amendment will allow us to move forward and help the environment.
This morning my colleague from North Carolina proposed an amendment to delay the implementation of these reforms for 6 months until a study is completed to assess their impact. They have been studied for a long time. On the surface this sounds like a good idea. However, if this amendment passes, we will delay reforms that have been worked on for over 10 years and would make improvements in the environment and to public health today. An EPA analysis already found that the reforms will have a net benefit to the environment.
Furthermore, Mr. President, contrary to an argument put forth by critics of NSR reform, EPA has stated publicly that it deliberately wrote the rule so that current lawsuits would not be affected by the proposed NSR reforms.
It is my belief that if this amendment passes, it will also seriously harm the prospects of future reforms to the NSR program. For example, EPA has proposed a rule to provide a new definition for ``routine maintenance, repair, and replacement.'' The EPA did not offer specifics but asked for public comment on a range of options. This proposal is at the crux of the issue and is imperative. I believe this amendment would not only delay the current rule from being implemented, but it would also effectively delay other very important reforms to the program. We have to get on with it.
I join my colleague and friend, Senator Inhofe, today in the second- degree amendment he has proposed. This amendment would allow the reforms to be implemented while requiring the National Academy of Sciences to evaluate its impact. It allows the reforms to go forward to stop this state of limbo that exists. At present, nothing is happening. Companies will then be able to make efficiency improvements and reduce their emissions. At the same time, the Academy can study the impact of the reforms as they are being implemented.
Ending the confusion surrounding the NSR reforms will allow companies to make the investments that are necessary to both increase our energy supply and environmental protections. We can reduce pollution and become more energy-efficient. We need to provide both for continued economic development and protections for public health and the environment. To meet these needs, we must move enact substantive NSR reform.
I thank the administration for their work in developing this proposal and moving ahead with the Clinton era reforms. I urge them to continue these efforts. Support for these actions is strong and broad-based. The confusion about NSR regulations is pervasive throughout our Nation, from the regulated community to the regulators. It must be addressed-- and soon.
Mr. President, I sincerely urge my colleagues to support Senator Inhofe's second-degree amendment to Senator Edwards' amendment. The program is broken and desperately needs to be reformed. We cannot afford further delay.
Yes.
Again, I thank the Senator. I emphasize that 130,000 comments were made last year regarding those regulations that have been issued by the EPA. So it has been really vetted. People have had an opportunity to
participate in this. I support the Senator's suggestion that rather than ask for a study by the Academy, we delay that and let the rules be issued, and then let the Academy look at it. That is a much sounder, more commonsense approach to dealing with this problem.
I am more than happy to yield.
Mr. President, I say to the Senator from Nevada that the previous administration had been working on these rules. They started out during the Clinton administration. The Bush administration began looking at the recommendations from the previous administration. They subjected them to review by many organizations. By the way, these rules do not apply to utility companies. They have only proposed a rule in this regard. What I am saying to Senator Reid and others is that because the regulations have not been reformed, companies for several years have done nothing to move forward with installing controls that would reduce emissions or make their facilities more efficient. I think we have delayed long enough. It has been vetted.
If someone believes yet another review is necessary, it should be done after the reforms are implemented. Any additional review should be done after implementation so that we are dealing with reality and not speculation. This is very important. I think it is time for us to go forward with the reforms to allow facilities to do their routine maintenance and repair work. This will make their facilities more efficient, reduce their emissions and, in some cases, produce more energy.
Mr. President, we had a hearing in the EPW committee last year on the rules before they were publicized, and they were savaged because many people believed the issuance would interfere with current lawsuits. The EPA claims that the reforms do not interfere with pending lawsuits for violations under the guidance that was issued back in 1998.
Mr. President, I rise in strong support of the Edwards amendment and I am pleased to be a cosponsor of that amendment. Senators should know that I support making improvements to the New Source…
Mr. President, I rise in strong support of the Edwards amendment and I am pleased to be a cosponsor of that amendment.
Senators should know that I support making improvements to the New Source Review, NSR, program. I want NSR to fulfill its promise of developing ever better pollution control technology and cleaner air.
We can and should make it easier for owners of pollution sources to get answers from permitting authorities about whether or not NSR applies to their facility. They could benefit from an updated, more consistent and timely process. That's not really in question.
Unfortunately, every reliable sign indicates that EPA's recent final rules are not really improvements to the NSR process at all. Instead, in the name of ``flexibility'' these new rules appear designed to increase air pollution. At a minimum, they will certainly allow it.
EPA claims that there will be an environmental benefit from these rules. However, they have done no credible work to show that that is in fact true. And believe me, we have asked repeatedly and unsuccessfully for the administration's honest assessment of the impact of these rules since May 2001.
For example, the agency promised to deliver to the Environment and Public Works Committee a document log relating to these rules by October 24, 2002.
We hoped to find emissions information in those files, but the agency failed to keep the promise and failed to provide Congress its due. We're still waiting for the log.
I ask unanimous consent that a chart of the Committee's communications on NSR be printed in the Record.
This administration's record in responding to legitimate oversight by Congress has been dismal on this matter. Though the agency will not respond honestly, independent analyses done by Abt Associates for the Environmental Integrity Project demonstrates that these new rules are likely to lead to significant increases in pollution at various types of facilities. These case studies can be found at www.refund.org/eit/docs/abill-mobil.pdf and abtin-nucor2.pdf.
The association of States' air administrators have expressed concerns about these rules and asked that their effective date be deferred until March 2004. Nine Attorneys General, from Vermont and other States, have filed suit against the Agency for violating the Clean Air Act and other statutes through these rules.
These rules allow sources to inflate their emissions baselines, or to be designated as so-called ``clean units'' for a decade or more. That way, even modifications that increase emissions will not trigger NSR and the use of better, more effective pollution controls.
As Assistant Administrator Jeff Holmstead has confirmed to Congress in testimony, these new revisions to major NSR applicability criteria would exclude an estimated 50 percent of sources that might otherwise be subject to major NSR.
An internal EPA memo from June 2001 estimated that the average annual health benefits in terms of avoided mortality from just one small part of the NSR program are, at a minimum, about $400 million annually and up to $3.8 billion.
Now, if we tell 50 percent of those sources that they don't have to worry about triggering NSR, then those health benefits are going to fly out the window along with more pollution. That means more people dying or increased lung disease and sickness.
This is just one small part of the NSR program. EPA steadfastly refuses to analyze the larger, nonattainment NSR program for its benefits.
The administration has conveniently ignored Executive Order 12866 on regulatory review. These revisions are obviously significant under that Order because of its hundreds of millions or billions of dollars in annual health benefits. So, before it goes forward, there must be a thorough and reliable consideration of its benefits and its costs.
That's why I'm supporting this amendment. I'm not a big fan of making environmental policy through the appropriations process, but these rules appear egregious to me.
It's time that we had the National Academy of Sciences review the situation, since the agency and the administration do not respond to Congress or the public. I hope that the Academy can give us a quick and impartial opinion on the impacts of these rules on
public health and the environment. To give them time to do that, the amendment defers the effective date of the rules for about six months.
Mr. President, this administration has a disturbing anti-environment agenda. These NSR changes are just the tip of the iceberg. This group wants to deregulate without considering the public health and environmental effects. That's wrong.
There is no good reason to increase air pollution. Science tells us that time and time again. We have the technology to constantly improve our emission performance. This administration wants to take the whole country backward instead of forward.
I urge Senators to support the amendment.
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I suggest the absence of a quorum.
Mr. President, like the Senator from Connecticut, I was here in 1975. This was an unusual year for Republicans. This was the Watergate year, and I was one of the very few who was enabled by the political process to represent the State of Vermont at that time. Because there were so few Republicans at that time, the day I walked on the floor, I ended up being the ranking member on the Select Education Committee which handled this issue in the House. Thus I have a personal understanding of the need and a personal responsibility. Ted Kennedy was on that conference committee with the Senate, Bob Stafford was another one, and John Brademas was the wonderful leader of the Democrats at that time. We struggled over how much money would be needed. We came up with a solution and then agreed the Federal Government ought to come up with 45 percent of the burden that was placed upon the States.
I stand today somewhat sad in the sense we still have not reached that promise or anywhere near it. We are about half of that now. I look at severe cuts that have occurred and the lack of money for the States and see they are imperiled at this point to be able to give not only a good education, as required in the constitutional mandate, to young people with special needs but also of all children because of the dire circumstances we have.
I first thank my good friend, Senator Dodd, for bringing this important amendment to the floor. This amendment is about making sure that all children have an opportunity to learn, and I want to urge my colleagues to support this very critical amendment.
We must recognize that we cannot provide all of our children with the opportunity to achieve unless we support our children with adequate resources. The level of funding for education in this omnibus appropriations bill is unconsicionable.
When I first arrived in Congress in 1975, one of the first legislative initiatives I worked on was the Education for All Handicapped Children Act, now known as IDEA. We wrote the legislation to ensure that children with disabilities receive the special education and related services they need and deserve. This is expensive.
We also recognized, however, that educating children with disabilities would be very costly, and therefore promised that the Federal Government would pay 40 percent of the excess cost of educating children with disabilities.
At that time, nearly half of all disabled children, approximately 2 million children, were not receiving a public education. They were not even in school. Another 2 million children were placed in segregated, inadequate classrooms. It was brutal.
Today, IDEA serves approximately 6 million disabled children. IDEA has been very successful in providing the basic constitutional right of an education to our children with disabilities: dropout rates have decreased, graduation rates have increased, and the percentage of college freshmen with a disability has almost tripled.
IDEA has helped individuals with disabilities become independent, wage-earning, tax-paying contributors to this Nation.
The problem, however, is that we have not kept our promise of helping the States pay for the costs of educating children with disabilities. Although Congress has increased IDEA funding in recent years, it has woefully failed to meet its obligation to fully fund IDEA. Until we do that, we will not have done what we promised.
Rather than contributing the 40 percent as promised, currently, we only pay about 17 percent.
I would like to recognize Senators Harkin and Hagel, and, of course Senator Dodd, for their unyielding commitment to our children and to our schools, and I look forward to continuing to work with them to fully fund IDEA.
The underlying appropriations bill only increases IDEA funding by $1 billion. At that rate, we're on course to fully fund IDEA in the year 2035. I know that the children of Vermont, and the children across this country, cannot wait another 32 years.
And yet, as we continue to underfund IDEA, the costs associated with educating children with disabilities continue to rise and absorb increasingly larger portions of school districts' budgets.
For example, in my State of Vermont, the special education costs have increased by 150 percent over the past 10 years, and the Federal underfunding leads to the State and local districts to spend approximately $20 million more from local sources than if Federal funding were provided at the maximum level. I know that these problems are not unique to Vermont; but rather, they are shared by States and school districts across the country.
And now State governments are battling the worst fiscal conditions since World War II. According to the National Governors Association, budget shortfalls will be as high as $50 billion this year and $60 to $70 billion next year. Accordingly, State education budgets throughout the country are facing severe cuts, and schools must take drastic measures just to make ends meet, no less meet the burdensome mandates of the No Child Left Behind law.
This amendment represents a significant step forward providing some relief to our schools, and I emphasize the word ``some.'' We must recognize that we cannot provide all of our children with the opportunity to achieve unless we support our children with adequate resources. We must provide our schools with those desperately needed resources and perhaps then we can ensure that, indeed, not one of our children is left behind. The President has made that promise, but I see nothing in the budget or anywhere else that indicates an attempt to bear that cost our States have shouldered for so long. This amendment brings us that little bit closer to our obligation to America's children. I urge my colleagues to support this amendment and vote yes.
I yield the floor.
Mr. President, I am very pleased to support this bipartisan amendment to provide additional funds for the Low Income Home Energy Assistance Program (LIHEAP). At a time when home heating prices are increasing dramatically and temperatures in my home state of Vermont are plunging, we can ill afford cuts in the LIHEAP program.
I have fought for years to make sure that no Vermonter has to choose between heating and other of life's necessities such as putting food on the table or prescription drugs. I am very mindful of the financial strains that low-income Vermonters feel when the weather gets cold.
We must continue to make sure that funding for LIHEAP is a priority of this administration and of the Congress. I am hopeful that LIHEAP will continue to provide a safety net to families and the elderly who are buffeted by high fuel prices, loss of benefits, and sickness.
I am going to close this short statement with this week's forecast from the National Weather Service for Chittenden County. In very stark terms, more than any speech, it demonstrates the need for LIHEAP in Vermont.
Tonight. Mostly clear and bitterly cold. Low 10 to 15 below zero. Northwest wind 10 to 20 mph early tonight. Diminishing to 10 mph late. Wind chills 20 to 25 below zero.
Wednesday. Mostly sunny and continued very cold. High around zero. Northwest wind 10 to 15 mph.
Wednesday night. Increasing clouds. Low 10 below to 20 below.
Thursday. Becoming cloudy with light snow likely in the afternoon. High 5 to 15 above. Chance of snow 60 percent.
Thursday night. Mostly cloudy with a chance of snow showers. Low 5 below to 5 above. Chance of snow 30 percent.
Friday. Partly cloudy. High 10 to 15.
Saturday. Partly cloudy. Low 5 below to 5 above and high in the teens.
Sunday. Cloudy with a chance of snow. Low 5 below to 5 above and high in the lower 20s.
Monday. A chance of snow showers. Otherwise partly cloudy. Low zero to 10 above and high in the lower 20s.
Mr. President, I yield the floor.
Mr. President, if the minority leader will yield, I thought I would get to the floor at 2:15. Mr. President, as many of you know, in March of 2001, Senator Breaux and I wrote the first congressional…
Mr. President, if the minority leader will yield, I thought I would get to the floor at 2:15.
Mr. President, as many of you know, in March of 2001, Senator Breaux and I wrote the first congressional letter on the New Source Review Program to Vice President Cheney in his capacity at that time as chairman of the National Energy Policy Development Group. Our letter stated that, unless reformed ``EPA's flawed and confusing NSR policies will continue to interfere with our Nation's ability to meet our energy and fuel supply needs.''
At this point in my presentation, I ask unanimous consent to have that letter printed in the Record.
Mr. President, I publicly thank the administration for being responsive to the concerns of Senator Breaux and myself. I know it took real courage to pursue the NSR reforms. It took courage because the President knew that many people would misconstrue these reforms as a ``sneak attack on the environment'' in an attempt to score cheap political points and fundraise.
Despite the rhetoric we will hear today and have heard today about NSR reforms and the process of developing these reforms, make no mistake: President Bush's decision will result in a cleaner environment and greater energy security.
The Clinton administration developed draft proposals and accumulated over 130,000 pages of comments on NSR reform. In fact, on his last day at work on January 19, 2001, President Clinton's air chief with the EPA, Bob Perciasepe, wrote a letter, No. 1, outlining NSR reforms which are similar to the Bush administration's NSR reforms and which are almost identical and, No. 2, calling for the Bush administration to consider finalizing the reforms.
At this point in the presentation, I ask unanimous consent to have this letter printed in the Record.
Mr. President, I very much look forward to seeing the fruits of the Clinton and Bush administrations' labors on this issue.
From my tenure as chairman of the Senate's Clean Air Subcommittee, I knew that New Source Review was a major issue for the energy sector. In fact, I held the very first congressional hearings on New Source Review in February of 2000 in Ohio. I could not believe my own ears. We heard from companies that were trying to make environmentally friendly modifications to their facilities being stopped dead in their tracks by, ironically, the Clean Air Act.
I was also shocked to hear that it took 4,000 pages of guidance documents to explain 20 pages of regulations. That is 4,000 pages of guidance documents just to explain 20 pages of regulations.
Since then, my shock at the absurdity of the NSR Program has not worn off. We, as a nation, need to rethink the manner in which we approach regulations. We all need to keep an open mind during the debates on various regulatory reform initiatives. I am sick of continually hearing that these are ``sneak attacks on the environment.'' In fact, just the opposite is true. If we rethink regulation, we could find ourselves in a place where we can have far greater environmental protection and more reliable and diverse energy sources.
Congress and the executive branch must also do a better job of understanding how the various layers of regulations impact sectors of our economy. I normally have a chart which shows all of the different regulations that are going to be hitting the various regulated sectors--a chart that shows the refiners that are currently working at almost 100-percent capacity are going to be simultaneously hit with a number of regulations in the next few years. NSR will make it close to impossible for refiners to make these environmental upgrades. Now is the time to work together on these and other regulations to not only achieve the environmental goals but also ensure no disruption in fuel supply which would cause the price spikes that we know are inevitable.
Higher energy prices affect everyone. However, when the price of energy rises, that means the less fortunate in our society must make a decision between heating their home and keeping the lights on or paying for other essential needs.
During a recent EPW Committee hearing last year, Senator Voinovich's constituent, Tom Mullen, articulated this concern. Mr. Mullen stated that in a recent study--which is well known and very well expected--on Public Opinion on Poverty, it was reported that 23 percent of the people in America have difficulty paying for their utilities. That is one out of every four Americans.
I will not support policies, such as NSR, that will hurt the poor in Oklahoma and around the Nation. Additionally, the lower environmental performance resulting from the current NSR Program impacts Americans in every tax bracket. NSR reforms enjoy the support of a wide range of interests--from the State attorneys general to labor unions to business groups.
I ask unanimous consent to have printed in the Record letters from the U.S. Chamber of Commerce and the International Brotherhood of Boilermakers in support of NSR reform.
Mr. President, the environmental community does not have to answer to the American people when energy prices go through the roof. But the President of the United States does, and we do, too. I think the President is doing the right thing, and we should support him for it.
So, in summary, this is one of the rare things that both the Clinton administration and the Bush administration have proposed which enjoys support by virtually all the labor unions as well as the business organizations, the U.S. Chamber of Commerce, and other organizations, and the American people who want lower cost energy.
Mr. President, I am offering a second-degree amendment to Senator Edwards' rider on the New Source Review. In his amendment, Senator Edwards asks the National Academy of Sciences to conduct a study on the impacts of implementing the NSR reform package and to delay the reforms in the interim.
In our judgment, there is no reason for this delay. We have delayed already for 10 years. We have been living with this thing for 10 years. We need reforms now.
Therefore, I am offering a second-degree amendment to allow the NSR final package to move forward, but to allow the National Academy of Sciences to conduct a study. When the NAS completes its study, the EPA can then benefit from its results. I suggest that the National Academy of Sciences will be getting their information from the EPA because they are the ones who have accumulated all the data to date, and there is no more data that is available. There is nothing to be lost by offering this as a second-degree amendment. You would have the benefit of the NAS study as well as moving along the time for implementation.
There is simply no reason to delay the implementation of the final NSR package. The Edwards amendment calls for a study before the final New Source Review rules go final. I guess the Senator from North Carolina has not read the administrative record on the regulations. If he had, he would see that the EPA conducted a thorough environmental analysis of the final NSR proposals.
Mr. President, I ask unanimous consent that the analysis be printed in the Record.
Mr. President, I would like to read from the EPA's own environmental analysis:
The overall effect of the final rule will be a net benefit
to the environment.
My second-degree amendment calls for a NAS study to look at the impacts of the regulation after implementation of the final rules while allowing the regulations to go forward, thus allowing cleaner and more efficient technologies to be installed in our Nation's manufacturing centers.
Delaying these regulations would delay projects to create safer workplaces. The International Brotherhood of Boilermakers, a member of the AFL-CIO, has recently opined against the proposed delay in the final package on the New Source Review. I would like to read just a small part of their letter and then will have the rest of the letter printed in the Record. This letter is a current letter dated today from the International Brotherhood of Boilermakers. It says:
We have encouraged the Environmental Protection Agency to
clarify the program as soon as possible, and oppose efforts
in Congress to slow reform down. The efficiency and
competitiveness of our facilities and the safety of our
workers hang in the balance. This is a jobs and safety issue
for millions of American workers.
Mr. President, I ask unanimous consent that this letter be printed in the Record.
Mr. President, some supporters of the Edwards rider in its current form suggest that delay is justified because State officials seek it. Nothing could be further from reality. Two years ago, a unanimous resolution of the National Governors Association was passed. It says:
New Source Review requirements should be reformed to
achieve improvements that enhance the environment and
increase energy production capacity, while encouraging energy
efficiency, fuel diversity and the use of renewable
resources.
The Nation's environmental commissioners passed a subsequent amendment, stating:
The Environmental Council of the States adopts the
provisions of the NGA [the National Governors' Association]
policy. The Environmental Council of the States encourages
the United States EPA to reform the New Source Review
Regulations into a workable regulation that is easily
understood and effectively implemented.
These positions reflect the true direction of the majority of States. I think there is a propensity in this body for us to think that wisdom in Washington is greater than that of the States. That is not true. So you have a unanimous resolution from the Governors as well as the Environmental Council of the States.
The bottom line is this: My second-degree amendment allows the EPA and the States to benefit from the wisdom of the National Academy of Sciences on the important issues of clean air policy. However, my amendment does not create potential dangers inherent in delaying the onset of the important and thoughtful administrative reforms of the NSR program.
So I offer a second-degree amendment to the Edwards first-degree amendment No. 67 and ask for its immediate consideration.
Mr. President, I suggest the absence of a quorum.
Mr. President, I am glad to withhold.
Let me respond to the distinguished Senator from Nevada.
First, this has nothing to do with tuna, dolphins, drilling, snowmobiles in the Tetons. The record of this President has been very good. We passed extensive brownfields legislation with the help of the Senator occupying the chair. My amendment included over 200,000 petroleum sites. The record has been good.
It is important, when you are talking about this issue, to talk about the Bush administration. This essentially came from the Clinton administration, not from the Bush administration. With the exception of a few technicalities which have been worked out to everyone's advantage, this is the Clinton administration's program.
Here is the statement made at the last day of the Clinton administration by Bob Perciasepe:
Over the last two years we have all worked hard to develop
improvements to the New Source Review program. As I have
discussed with you, I believe it is essential that this
program have greater incentives for companies to employ the
most effective emissions techniques voluntarily and give
greater flexibility when companies take these voluntary
actions.
And so then we had this study. Look at this study. It is 180 pages. The study comes to the conclusion that the overall effect of the final rule will be a net benefit to the environment. This is going to benefit the environment, not hurt it.
When the Senator from Nevada says, what do we say to senior citizens, I say what do we say to senior citizens when their energy costs go up, when they already have to decide whether to heat their homes or have food to eat.
We have studied this matter for 10 years. We don't need 6 more months.
However, we are willing to have the NAS do a study, and they will use the same data the EPA used in coming up with the conclusion that this is not harmful, but it is good for the environment and health.
I will be joining my friend from Nevada in asking for a recorded vote on this second-degree amendment at the appropriate time.
I yield the floor and suggest the absence of a quorum.
Will the Senator yield?
First of all, I thank the Senator from Ohio for the time he has spent in setting out this issue. Not many people are aware of the fact that Senator Voinovich was the head of the National Governors Association Clean Air Committee and has been working on it for a long time.
I only add to his comments and ask him if he is in agreement that we have 180 pages here, and almost all of this was done during the Clinton administration. All the data that would be available for the NAS is found in the results that are very positive in this report. So I certainly hope this is an accommodating way for the Senator from North Carolina to say, yes, we want the input of the NAS; we don't want to wait 6 more months.
Mr. President, I call up amendment No. 80. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with. I ask unanimous consent that I be given 15 minutes to make my…
Mr. President, I call up amendment No. 80.
Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.
I ask unanimous consent that I be given 15 minutes to make my remarks.
President Bush's announced tax proposal expressed concern over the double taxation of corporate profits. I wish he would express an equal concern about the nontaxation of corporate profits.
It is estimated that currently less than half of corporate profits are taxed in this country. There are various tax and accounting gimmicks that have permitted very profitable companies to not only have no tax liabilities but even receive multimillion-dollar refunds from the American taxpayers.
Take CSX, for example, which until recently has been headed by the President's nominee for Secretary of the Treasury, John Snow. In the last 4 years, CSX reported U.S. profits of $934 billion, and they paid zero in U.S. corporate taxes. In fact, they received rebates of $164 billion.
I will repeat that. They made $934 billion in U.S. profits, paid no taxes, and received a $164 billion refund. That is certainly not double taxation. That is not even single taxation. That is no taxation, and it is a bigger winner on Wall Street to inflate corporate profits at the expense of the rest of American taxpayers. It is one of the reasons corporate income tax has been a declining share of Federal tax revenues in the last 40 years. In 1960, corporations paid 23 percent of all Federal tax revenues. Last year, that dropped to 9.5 percent, less than half of the share that corporations paid 40 years ago.
It used to be the ethic that business, being an integral part of the communities in which they operated, drawing their lifeblood from the American people and from the democratic and capitalist structures which hallmark this country, had an obligation to give something back. Not any longer.
An Ernst & Young partner recently noted:
A lot of companies feel that the improvement on earnings is
powerful enough that maybe the patriotism issue should take a
back seat.
One of the most outrageous and obscene tax avoidance schemes is many United States companies are setting up sham corporate headquarters offshore in places such as Bermuda or the Cayman Islands. These tax- free havens permit the total avoidance of U.S. taxes on foreign operations and, in some cases, on domestic operations as well.
In the nonpartisan journal, Tax Notes, a recent calculation was made that from 1983 to 1999 the profits that the largest 10,000 U.S. corporations claimed to have earned in these tax havens increased by over 7 times. Today, that means well over $100 billion in corporate profits are shifted each year from the United States to these tax-free havens--no taxes paid on them and, as I have said before, sometimes even refunds. It is bad enough those companies can evade U.S. taxes but some even continue to secure very large and lucrative contracts with the Federal Government, even in the areas of national defense and homeland security. Evidently these corporations--the executives who run them, the boards that oversee them--see nothing wrong with profiting off of the U.S. Government and then avoiding paying taxes on even those profits in order to support our Government.
That is why last summer my colleague, Senator Paul Wellstone, had amended the 2002 Defense appropriations bill to bar such corporate tax dodgers from being awarded Government defense contracts. Then he successfully had amended the homeland security bill to bar those companies from getting contracts with the new Department of Homeland Security. Both of those amendments passed the Senate seemingly unanimously on voice votes.
However, after the November election, and after Paul Wellstone's tragic death, the final version of the homeland security bill gutted the Wellstone amendment. Senator Wellstone's amendment, which he crafted with the cosponsorship of the distinguished Senator from Nevada, Mr. Reid, provided a narrow exception to this prohibition. That was if the President of the United States certified to Congress that it would be necessary for our national security.
When the bill came back this provision was gutted and the substitution made known to those who had to vote on it that day. They stuck in language that would allow the Secretary of Homeland Security to grant waivers for national security or economic benefits. Just about any kind of economic benefit whatever could be waived and argued by the Secretary: preventing loss of Government, preventing the Government from incurring any additional costs, anything and everything that you could contrive, you could avoid if you could pay a high-priced Washington lobbyist $1,000 an hour or more, euphemistically called government relations. No doubt those waivers would be granted and the legacy of my colleague, Senator Paul Wellstone,
would be obliterated by waves of waivers, which is why we need more Paul Wellstones in Washington.
To honor Senator Wellstone's memory, I proposed this amendment, which I called the Senator Paul Wellstone corporate patriotism amendment. It reinstates the Wellstone language to the Homeland Security Act. It says, once again, corporations that renounce their American citizenship and have moved offshore to avoid paying taxes to the U.S. Government will not get business contracts from the Government, at least not for homeland security projects.
My language makes it as forceful and explicit as possible. It states that the President may waive subsection (A) of the prohibition if the President certifies the waiver is essential to national security.
Frankly, I cannot see any reason there should be waivers granted in this section. That is the least we can do for the memory of Paul Wellstone. That is the least we can do for our country.
Frankly, most U.S. corporations, as most American citizens, are law abiding, patriotic, responsible, and willing to do their job, including pay taxes, to keep this country strong. No one likes paying taxes. Americans have been antitaxation since colonial days, since the Boston Tea Party, since the rallying cry, ``taxation without representation is tyranny.''
But taxes are necessary for our country's survival. We have increased our military spending by 23 percent in the last 2 years, with bipartisan support regarding the President's request, and we have new efforts underway in homeland security costing an additional $37 million. Some Members last week thought we should be spending even more in that area. We have Operation Enduring Freedom still underway in Afghanistan and a military buildup now for possible war against Iraq. That has to be paid for with our tax dollars. It does not include highways and airports, sewer water systems, public education, student aid, health care, nursing homes. This always depends, again, on Americans paying taxes. It ought to depend on everyone paying their fair share of taxes--individuals and corporations.
When someone avoids paying their fair share, then everyone else has to pay a higher share. When one corporation making profits can shift its profits overseas and avoid paying taxes, everyone else has to pick up that part.
I wish we could establish again in this country the ethic that tax avoidance is unpatriotic. It is un-American, especially at a time such as this with national mobilization, especially in this country since September 11 of 2001, which is likely to continue for the foreseeable future. If the executives and board members of these expatriated companies can so shamelessly abandon their U.S. corporate citizenship, maybe they should forfeit their citizenship as well. I intend to introduce legislation in the next few weeks that would require just that. What is good for the goose is good for the gander. This tax cheating will destroy the great golden goose of America. We send our young men and women overseas to risk their lives or even give their lives for our country, while men--mostly men and a few women--send their corporations overseas to evade taxes. What a disgrace. What a shame that the greatness of this country is being undermined by placing profits and corporate and individual greed over the best interests of the United States of America.
This amendment meant a lot to my friend and colleague, Senator Wellstone. He was surprised but delighted that the Senate, on two occasions, passed this amendment by a voice vote. Had Paul lived, I would have enjoyed watching the fur fly that day in November when this bill came back to the Senate with this provision gutted. But Paul is not here, so it is incumbent upon all of us to take that stand for him and with him. If it was good enough last year to be passed by the Senate, I cannot imagine why anyone who supported it then would change their mind now. In fact, there is even more reason than before to stand behind America, stand behind the belief that we all contribute our share, do our share, and no one avoids their share. That is what makes us successful.
The Senator is correct. The Senator was instrumental in working with Senator Wellstone on the floor and myself to craft this amendment. It is narrowly focused.
Come home.
They would be right back, as the Senator said, where they were before, headquartered in the United States of America, paying taxes on their U.S. profits rather than creating a sham. These are not real entities; these are fictions just for the sake of tax evasion.
I would, also.
If I may inquire of my friend, the Senator from Nevada, regarding the last statement, can the Senator think of anything that would be a better tribute to Senator Wellstone's memory than passing this amendment and insisting the Senate conferees uphold it and the President sign it into law?
The Senator is absolutely correct about the price we pay when these companies avoid their share of taxes. The Tax Notes journal estimated over $100 billion in corporate profits now go untaxed because of these offshore tax evasions. Even 20 percent, the tax rate on that, which is below the corporate rate but after deductions and exclusions probably is close to what tax-paying corporations pay, that would cover the cost of the 40-percent funding for special education that Senator Dodd was discussing with Senator Gregg a few minutes ago. There it would be right there. We could keep that promise to Minnesota's schoolchildren, Nevada's schoolchildren, and all the schoolchildren in the school districts across this country. It would not require raising anybody's taxes by a single dollar, if those who were evading them would pay their share.
I think it is shameful. I think it is un-American, unpatriotic, and it ought to be illegal. I particularly look forward to a discussion at some point, as I said, about legislation I intend to introduce that says if corporate executives and corporate boards are going to send these corporations overseas, they should go overseas themselves. If they think it is such an advantage to be in the Cayman Islands or Bermuda they should go live there themselves. If they are going to renounce their corporate citizenship, let them renounce their own citizenship as well, and they will suffer the consequences maybe then they will stop and think about how fortunate we are to live in this country and how it is only by all of us doing our fair share that this country keeps strong and secure.
As the Senator knows, a lot of small- and medium-sized businesses don't have the options. Certainly the average American citizen paying taxes doesn't have the option to move to Bermuda or the Cayman Islands and not claim any tax liability whatsoever. It is shameful that those most profitable that can most easily afford to pay their share are avoiding them entirely and dumping that burden on everyone else.
As the Senator said, this would be one small step in the right direction of returning to an ethic where those who are making profits pay their taxes. If we all do that in a fair way, then everybody's taxes go down. If somebody is avoiding taxes, then somebody else's taxes go up.
I thank the Senator again for his support and assistance with this matter. I know in this matter that Senator Paul Wellstone could not have stood alone last year, and the Senator from Nevada was with him shoulder to shoulder every step of the way.
I thank the Chair.
Mr. President, I join my good friend, Senator Kyl, in introducing S.J. Res, 1, the Victims' Rights Amendment. Two years ago, the Senate debated a proposed constitutional amendment drafted by Senator…
Mr. President, I join my good friend, Senator Kyl, in introducing S.J. Res, 1, the Victims' Rights Amendment.
Two years ago, the Senate debated a proposed constitutional amendment drafted by Senator Kyl and me to protect the rights of victims of violent crime. The amendment had been reported out of the Senate Judiciary Committee on a strong bipartisan vote of 12 to 5. After 82 Senators voted to proceed to consideration of the amendment, there was a vigorous debate on the floor of the Senate. Some Senators raised concerns about the amendment, saying that it was too long or that it read too much like a statute.
Ultimately, in the face of a threatened filibuster, Senator Kyl and I decided to withdraw the amendment. We then hunkered down with constitutional experts, such as Professor Larry Tribe of Harvard Law School, to see if we could revise the amendment to meet Senators' concerns. We also worked with constitutional experts at the Department of Justice and the White House, and we came up with a new and improved draft of the amendment. This new amendment provides many of the same rights as the old amendment.
Specifically, the amendment would give crime victims the rights to be notified, present, and heard at critical stages throughout their case. It would ensure that their views are considered and they are treated fairly. It would ensure that their interest in a speedy resolution of the case, safety, and claims for restitution are not ignored. And it would do so in a way that would not abridge the rights of defendants or offenders, or otherwise disrupt the delicate balance of our Constitution.
We had a hearing in the Constitution Subcommittee. Unfortunately, the Judiciary Committee did not act on the amendment. There are many reasons why we need a constitutional amendment.
First, a constitutional amendment will balance the scales of justice. Currently, while criminal defendants have almost two dozen separate constitutional rights, fifteen of them provided by amendments to the U.S. Constitution, there is not a single word in the Constitution about crime victims. These rights trump the statutory and State constitutional rights of crime victims because the U.S. Constitution is the supreme law of the land. To level the playing field, crime victims need rights in the U.S. Constitution. In the event of a conflict between a victim's and a defendant's rights, the court will be able to balance those rights and determine which party has the most compelling argument.
Second, a constitutional amendment will fix the patchwork of victims' rights laws. Eighteen States lack state constitutional victim's rights amendment, and the 32 existing State victims' rights amendments differ from each other. Also, virtually every State has statutory protections for victims, but these vary considerably across the country. Only a Federal constitutional amendment can ensure a uniform national floor for victims' rights.
Third, a constitutional amendment will restore rights that existed when the Constitution was written. It is a little known fact that at the time the Constitution was drafted, it was standard practice for victims, not public prosecutors, to prosecute criminal cases. Because victims were parties to most criminal cases, they enjoyed the basic rights to notice, to be present, and be heard. Hence, it is not surprising that the Constitution does not mention victims.
Now, of course, it is extremely rare for a victim to undertake a criminal prosecution. Thus, victims have none of the basic procedural rights they used to enjoy. Victims should receive some of the modest notice and participation rights they enjoyed at the time that the Constitution was drafted.
Fourth, a constitutional amendment is necessary because mere State law is insufficient. State victims' rights laws lacking the force of Federal constitutional law are often given short shrift. A Justice Department-sponsored study and other studies have found that, even
in States with strong legal protections for victims' rights, many victims are denied those rights. The studies have also found that statutes are insufficient to guarantee victims' rights. Only a Federal constitutional amendment can ensure that crime victims receive the rights they are due.
Fifth, a constitutional amendment is necessary because Federal statutory law is insufficient. The leading statutory alternative to the Victims' Rights Amendment would only directly cover certain violent crimes prosecuted in Federal court. Thus, it would slight more than 99 percent of victims of violent crime. We should acknowledge that Federal statutes have been tried and found wanting. It is time for us to amend the U.S. Constitution.
The Oklahoma City bombing case offers another reason why we need a constitutional amendment. This case shows how even the strongest Federal statute is too weak to protect victims in the face of a defendant's constitutional rights. In that case, two Federal victims' rights statutes were not enough to give victims of the bombing a clear right to watch the trial and still testify at the sentencing, even though one of the statutes was passed with the specific purpose of allowing the victims to do just that.
Let me quote from the first of these statutes: the Victims of Crime Bill of Rights, passed in 1990. That Bill of Rights provides in part that:
A crime victim has the following rights: The right to be present at all public court proceedings related to the offense, unless that court determines that testimony by the victim would be materially affected if the victim heard other testimony at trial.
That statute further states that Federal Government officers and employees ``engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that victims of crime are accorded the[se] rights.''
The law also provides that ``[t]his section does not create a cause of action or defense in favor of any person arising out of the failure to accord to a victim the[se] rights.''
In spite of the law, the judge in the Oklahoma City bombing case ruled, without any request from Timothy McVeigh's attorneys, that no victim who saw any portion of the case could testify about the bombing's impact at a possible sentencing hearing:
The Justice Department asked the judge to exempt victims who would not be ``factual witnesses at trial'' but who might testify at a sentencing hearing about the impact of the bombing on their lives. The judge denied the motion. The victims were then given until the lunchbreak to decide whether to watch the proceedings or remain eligible to testify at a sentencing hearing. In the hour that they had, some of the victims opted to watch the proceedings; other decided to leave to remain eligible to testify at the sentencing hearing.
Subsequently, the Justice Department asked the court to reconsider its order in light of the 1990 Victims' Bill of Rights. Bombing victims then filed their own motion to raise their rights under the Victims' Bill of Rights. The court denied both motions. With regard to the victims' motion, the judge held that the victims lacked standing. The judge stated that the victims would not be able to separate the ``experience of trial'' from the ``experience of loss from the conduct in question.'' The judge also alluded to concerns about the defendants' constitutional rights, the common law, and rules of evidence.
The victims and DOJ separately appealed to the Court of Appeals for the Tenth Circuit. That court ruled that the victims lacked standing under Article III of the Constitution because they had no ``legally protected interest'' to be present at trial and thus had suffered no ``injury in fact'' from their exclusion. The victims and DOJ then asked the entire Tenth Circuit to review that decision. Forty-nine members of Congress, all six attorneys general in the Tenth Circuit, and many of the leading crime victims' organizations filed briefs in support of the victims. All to no avail.
The Victims' Clarification Act of 1997 when then introduced in Congress. That act provided that watching a trial does not constitute grounds for denying victims the chance to provide an impact statement. This bill passed the House 414 to 13 and the Senate by unanimous consent. Two days later, President Clinton signed into law, explaining that ``when someone is a victim, he or she should be at the center of the criminal justice process, not on the outside looking in.''
The victims then filed a motion asserting a right to attend the trial under the new law. However, the judge declined to apply the law as written. He concluded that ``any motions raising constitutional questions about this legislation would be premature and would present questions issues that are not now ripe for decision.'' Moreover, he held that it could address issues of possible prejudicial impact from attending the trial by interviewing the witnesses after the trial.
The judge also refused to grant the victims a hearing on the application of the new law, concluding that his ruling rendered their request ``moot.'' The victims then faced a painful decision: watch the trial or preserve their right to testify at the sentencing hearing. Many victims gave up their right to watch the trial as a result.
A constitutional amendment would help ensure that victims of a domestic terrorist attack such as the Oklahoma City bombing have standing and that their arguments for a right to be present are not dismissed as ``unripe.'' A constitutional amendment would give victims of violent crime an unambiguous right to watch a trial and still testify at sentencing.
There is strong and wide support for a constitutional amendment. I am pleased that President Bush and Attorney General Ashcroft have endorsed the amendment. As the President put it last year, ``The Feinstein-Kyl amendment was written with care, and strikes a proper balance. Our legal system properly protects the rights of the accused in the Constitution, but it does not provide similar protection for the rights of victims, and that must change. The protection of victims' rights is one of those rare instances when amending the Constitution is the right thing to do. And the Feinstein-Kyl crime victims' rights amendment is the right way to do it.''
I greatly appreciate their support. And I am also pleased that both former President Clinton and former Vice President Gore have all expressed support for a constitutional amendment on victim's right. Moreover, in the last Congress, the Victims' Rights Amendment was cosponsored by a bipartisan group of 28 Senators. I have spoken to many of my colleagues about the amendment we introduce today and I am hopeful that it will receive even more support in this Congress. In addition I would vote the following:
Both the Democratic and Republican Party Platforms call for a victims' rights amendment. Governors in 49 out of 50 States have called for an amendment. Four former U.S. Attorneys General, including Attorney General Reno, support an amendment. Attorney General Ashcroft support an amendment. Forty State attorneys general support an amendment.
Major national victims' rights groups--including Parents of Murdered Children, Mothers Against Drunk Driving, MADD, and the National Organization for Victim Assistance, support the amendment. Many law enforcement groups, including the International Association of Chiefs of Police, the Nation Troops' Coalition, the International Union of Police Associations AFL-CIO, the Federal Law Enforcement Officers Association, and the California District Attorneys Association support an amendment. Constitutional scholars, such as Harvard Law School Professor Larry Tribe, support an amendment.
The amendment has received strong support around the country. Thirty- two States have passed similar measures--by an average popular vote of almost 80 percent.
I am delighted to join my good friend Senator Jon Kyl in sponsoring the victims' rights amendment, and I look forward to its adoption by this Congress.
I ask unanimous consent that a copy of a letter dated April 15, 2002 from Harvard Law School Professor Larry Tribe be printed in the Record.
Reserving the right to object, I regret I have to object to this until we can clarify where we stand vis-a-vis this amendment. That is correct. That would be reasonable. Assuming all debate on the…
Reserving the right to object, I regret I have to object to this until we can clarify where we stand vis-a-vis this amendment.
That is correct.
That would be reasonable. Assuming all debate on the amendment of Senator Dodd--that there is no further amendment, with debate going forward until that time.
I suggest, if the Democrat assistant leader is so inclined, we now have a vote at 5:15. Why not begin at what time before that?
Mr. President, how much time does Senator Reed require?
I suggest after Senator Reed completes the presentation of his amendment, we go back to the Dodd amendment. Hopefully, I can lay down my amendment and spend up to an hour, equally divided, on it at that point and proceed to the next item of business.
I would like to get back to getting the floor at a reasonable point of time. I suggest at 2 o'clock I be recognized to offer my amendment.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I believe we are in a position to enter into a unanimous consent agreement relative to the Dodd amendment.
I ask unanimous consent that the pending Dodd amendment be temporarily set aside and that I be recognized in order to offer a first-degree amendment relating to the same subject matter; provided that there be 60 minutes of total debate to be equally divided between Senator Gregg and Senator Dodd or their designees; provided, further, that following the use or yielding back of time, the amendments be temporarily set aside, with no amendments in order to either amendment prior to the vote; finally, I ask unanimous consent that when the Senate votes in relation to these amendments, the first vote in order be in relation to the Gregg amendment.
Mr. President, Senator Dodd has offered an amendment which increases special education funding by $1.5 billion. As an individual who has spent a tremendous amount of time, after being elected to this Senate, trying to bring special education funding in line with what the obligation of the Federal Government is supposed to be pursuant to the 1976 bill, I like the idea of increasing special education funding and, in fact, have driven the effort here in the Senate for many years to try to do exactly that, increase special education funding.
When special education was originally proposed, as has been mentioned, the understanding was that the Federal Government would pay about 40 percent of the cost. Unfortunately, when I was first elected to Congress, the Federal Government was only paying about 6 percent of the cost of special education. But I think it is important to review the history to determine where we are and how we have gotten there relative to increases in special education funding because the increases have been rather dramatic over the last few years. In fact, as a result of the commitment of the Republican Senate, when we had control of the Senate back in the 1990s--and now with President Bush-- we are seeing the most significant increases in special education funding in the history of the program. Special education funding, as a function of the Federal Government, has increased faster than any other funding element within the Federal Government on a percentage basis.
So let's review the history.
When the Republicans took control of the Senate in 1996, we made S. 1 the first bill introduced by the new Republican Senate. S. 1 called for significant increases in special education funding. As a result, we have dramatically increased special education funding every year. That is as a result of the Congress's effort, and now the President's effort, to the point where we are up to, this year, $7.5 billion in 2002. It will be $8.5 billion in 2003. It will be $9.5 billion in 2004 if we follow the President's proposals.
This is an important factor because this funding commitment was made by the Republican Congress, not by the prior administration. During President Clinton's term in office, his proposed special education budget increases were essentially nonexistent.
In the year 1997, he proposed a $280 million increase. In the year 1998, he proposed a $139 million increase. In the year 1999, he proposed a zero increase in special education funding. In the year 2000, he proposed a zero increase in special education funding. But during this exact period, special education funding went up, as I mentioned, rather dramatically. Why? Because the Republican Members of the Senate insisted upon it. We put it in our budget resolutions. We passed it out of our budget resolutions. And as a result, we dramatically increased funding in the special education accounts. There has been a 224-percent increase in special education funding since 1996.
Then President Bush came into office. And to show the difference in priorities from one administration to another administration, to show the importance----
I am going to send it up in a little while, Mr. President.
To show the difference in its importance in the two different administrations and the impact it has on the special education community in America, when President Bush came into office he did not suggest a zero increase, as President Clinton had in 1999. In the year 2000, he suggested a $1 billion increase. That $1 billion increase was in his first budget. He followed it up with another $1 billion increase in his second budget. So now he was up $2 billion. And then, in the year 2003, he has added another $1 billion increase. So he is now up $3 billion in 3 years, which is a 30-percent increase in just 3 years-- just in 3 years--over the funding baseline of special education.
So the commitment from this administration has been there and at a level which is historic and has had a dramatic impact in the funding needs of the special education children of America.
The practical implication is that the Federal Government's role has now gone from about a 6-percent commitment to special education to around 20 percent. It is a huge increase, a dramatic increase, and it is on a rising path to full funding if we can get the cost of special education under control, which brings me to the second point.
We are now in the process of trying to reauthorize the special education bill within the Health, Education, Labor, and Pensions Committee. There are a lot of issues involving special education that do not involve funding; issues such as discipline, in which the Senator from Alabama has been involved; issues such as excessive regulation; issues such as too many consultants, too many lawyers taking money out of the system instead of having it go to the kids.
The fact is that the system has become convoluted, officious, and bureaucratic. It needs to be adjusted, and it needs to be improved so we are getting the money back to the children who need the assistance as special needs children.
So reauthorization is very important in this whole context of what we do. It is really difficult to continue to put money into the program at these huge increased rates without doing reauthorization. Why is that? Because it is like the goalposts keep moving every year.
We have seen, unfortunately, in some areas excessive coding, where kids who should not end up with the stigma of special needs end up being stigmatized as special needs children simply because the school system wants to get more money out of the special education accounts. That is not right and not appropriate, and it undermines the ability to help the kids who really need the assistance.
So we need to reauthorize this bill to get some controls back in place over how many children really are special needs children and make sure those kids who really are special needs children get the assistance they need, which brings us back to this amendment.
This amendment is well intentioned. I am in favor, as I have said before on this floor, of doing proper prioritization, of saying: What is it the Federal Government should be doing today? In what areas should the Federal Government be putting its resources?
The No. 1 area, obviously, is fighting terrorism, protecting the homeland, of making an aggressive effort in this area. Certainly the Senator from Maryland, who is seeking the floor, has been a leader in this effort. But the fact is, after we get into dealing with terrorism, the next area that I think is most important is education. I think the Federal commitment to education is critical. That is why I was a strong supporter, last week, of an amendment which came to the floor which said we are going to put $5 billion more into education, No Child Left Behind proposals, title I, but in doing that we have to be willing to prioritize. We have to be willing to recognize that this country--our Federal Government--is now spending more than it is taking in. We have to be willing to set a ceiling as to how much we can afford to spend and then live within that ceiling.
But within that ceiling we need to make priorities back and forth between what are the right programs, what programs should get more money, what programs should get less money. We did that last week when we adopted the amendment which said we are going to increase title I funding, funding for the education of low-income kids, by $5 billion but, in exchange for that, we are going to make an across-the-board cut.
The Senator from Connecticut has come forward with this amendment to jump, by another $1.5 billion, the funding that is already going into special education. I am supportive of that, but, in the context of allocating resources fairly, of saying, if we are going to make that type of decision, that is a priority, and we have to reduce somewhere else.
So what I am offering today, and what I will send to the desk, at the request of the Presiding Officer, is an amendment which says, let's put in the $1.5 billion in special education, but also have a cut across the board so we stay within this $750 billion number, which is the amount of money which we have all agreed to pretty much is a reasonable number to spend as the Federal Government in the year 2003.
This $750 billion was not pulled out of a hat. It was aggressively negotiated between both sides of the aisle and the White House. Prior to the Republicans taking back the Senate, it was actually agreed to as the number we would reach in a bipartisan way. Now it seems to be eroding with some of the amendments that are being brought forward. But as a practical matter, it is the right number for us, as a Congress, to say: This is what we can afford to spend in the year 2003. But that does not mean that within that $750 billion we cannot make different priorities on the floor of the Senate. I happen to think one of those priorities should be special education.
Mr. President, I send to the desk an amendment and ask that it be reported.
Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.
This amendment is very simple. It says, let's set the priorities of special education. Let's add, on top of the $1 billion the President is putting in this year, which is on top of $1 billion he put in last year, which was on top of $1 billion he put in the year before, another $1.5 billion, but let's be responsible about it. Let's take the money out of the other accounts, which represents a four- tenths of 1 percent cut across the board on everybody, a very small number, very doable, and let's do a responsible amendment here on special education and take the increase of $1.5 billion and, in exchange for getting that increase in special education, make the across-the-board cut.
I reserve the remainder of my time.
Mr. President, reserving the right to object, it is my understanding that Senator Reed may speak for 10 minutes. Is that correct? All right. I ask unanimous consent that follow his remarks I be…
Mr. President, reserving the right to object, it is my understanding that Senator Reed may speak for 10 minutes. Is that correct?
All right. I ask unanimous consent that follow his remarks I be recognized for brief comments on the same subject. But I will wait. I think that is appropriate.
Mr. President, I came to the floor to speak on the Reed- Durbin amendment regarding unemployment insurance. If another Senator has been waiting to speak, I will be glad to wait. If not, I will proceed.
Mr. President, I rise in support of the amendment which has been introduced by Jack Reed of Rhode Island and myself. About 20 years ago, when I first ran for Congress, I waited each month for an economic indicator which really led the debate about the state of America's economy. That economic indicator every single month was the unemployment rate. If the unemployment rate in America was high, or going up, that really consumed all of the political attention of candidates and Members of Congress. That was considered to be the yardstick or barometer of how healthy America's economy is. In the span of time I have served in Congress, that yardstick and barometer has changed.
We now focus more on the situation of the Dow Jones Index and Standard & Poor's. We look daily, almost on a minute-by-minute basis, to the report of the Dow Jones Index as an indicator of our economic well-being. But I think in so doing, we have overlooked something we have done for a long time. If the economy is not strong, people do not go to work. If they do not go to work, they get desperate to keep their families together, to pay for the basics, to make sure their kids have the necessities of life, and they struggle to hope that the economy returns to strength and they can return to employment, and soon.
There is a lot of talk in this Chamber about who is responsible for this recession. That is a common topic in politics. We politicians spend a lot of time pointing fingers, saying: This recession really started the last few months of the Clinton administration; no, no, it really started in the first few months of President George W. Bush's administration. Let me for a moment push that aside and suggest that the families who lost their jobs do not care. They are not interested in when this started. They want to know when it is going to end so that if they lost a job and are falling behind, they have a chance to get back into the workforce.
These are not people who can be characterized as lazy in any way. They have worked, and worked hard, for a long time, but contractions in the American economy because of this recession have killed jobs all across America. During the 8 years of the Clinton administration, we created 22 million new jobs. During the first 2 years of this administration, we have lost 2 million jobs nationally, and we are losing over 100,000 a month. As a result, many people are hard pressed to keep up with their obligations to their family.
The December 2002 unemployment rate of 6 percent is the highest rate in over 8 years. According to a Congressional Budget Office economic forecast, the unemployment rate is expected to remain at that level at least until the second half of this year, 2003.
Over 1.85 million workers have been looking for work for at least 6 months. As of January this year, more than 1 million workers exhausted the 13-week temporary benefits extension enacted in March 2002 and remain unemployed. Employment has declined by 1.7 million jobs since January of 2001. The decline is slightly worse than the average fall- off after the last six recessions. While the unemployment rate remains far lower than at the end of the recessions in the 1980s and 1990s, it has still risen significantly from its 30-year low of 3.9 percent in 2000, not that long ago.
The reason I raise that point and the reason Senator Reed and I come to the floor to offer this amendment is to suggest that hundreds of thousands, perhaps 1 million, unemployed workers in this country are facing extraordinarily dangerous and difficult times. These are people who are caught up in the vortex of this recession and cannot get out. They cannot find work. They drew unemployment for a short period, and it has been exhausted. They used it all up. Now where are they? They are stuck in a position where they have to try to meet their monthly bills and have no unemployment compensation, no prospects for employment, and the recession seems to be going on interminably.
I asked business leaders of major corporations from my State to give me their best guess of when this recession would end. Frankly, they told me--and it was depressing to hear--it might be 2 years. I hope they are wrong. I hope it ends tomorrow. I hope we see better signs of encouragement. The fact is, it has not happened.
What have we done in the past when we have dealt with recessions not even as bad as this one? We said time and
again if the recession continues indefinitely, we have to step in. We cannot abandon these Americans who are victims of this economy. Let us give them a helping hand. Let us do something for their families. Let us make certain they do not lose their homes to mortgage foreclosures. This is not a Democratic response or a Republican response, it has been our American response year in and year out.
Let me give an example. During the recession of the early 1990s which, in many respects, was not as bad as this one, Congress extended temporary unemployment benefits five times. During this recession, we have extended benefits only twice. Of the five times Congress extended benefits in the early 1990s, three were under President Bush's father in the recession he faced, and two were under President Clinton when he took office, and the recession had continued.
This is not a partisan response we are suggesting today. It is unfortunate only two Democratic Senators would offer this. This should have been a bipartisan offering.
During the recession of the early 1990s, Congress established the Emergency Unemployment Compensation Program which was in place for 30 months, from November 1991 to April 1994. During this recession, we established the Temporary Extended Unemployment Compensation Program which is scheduled to expire at the end of May 2003 and, therefore, would have only been in place for less than 15 months. Here we are with a recession that is worse and a response that does not measure up to half of what we did during the last major recession we faced.
We passed an extension of unemployment compensation benefits recently which will provide temporary benefits to some workers. This amendment which Senator Reed and I proposed will provide assistance for an additional 53,000 workers in my State and 1 million workers nationwide. It will provide 13 weeks of additional benefits. Workers in high unemployment States who already receive 26 weeks of benefits will receive an additional 7 weeks of benefits. Thus, the greatest number of weeks a worker can receive is 59 weeks, the same as under the extension enacted under President Bush's father.
The CBO cost estimate, $6.5 billion, is substantial but still represents only slightly more than a third of the balance in the unemployment insurance trust fund, after accounting for the extension enacted earlier this month. I think the 5-month extension we enacted was something that was good and it helped a lot of workers, but we cannot leave out the 1 million Americans who will not be helped by this action taken just a few weeks ago. One million Americans have exhausted their unemployment benefits and are stuck in a situation--without a job in a recession--to which, frankly, we do not see an end. What we are asking the Senate to do today on this appropriations bill is to think about those we have left behind. I do not believe it is fair to characterize the people who are victims of this recession as anything less than hard-working Americans caught behind the curve of this economy. I do not care whose responsibility this recession is for this moment. We can argue about that for a long time, but I do feel a responsibility to these workers and their families.
In my State, the unemployment rate in November of last year was 6.7 percent. This is a 13.6-percent increase from November of the previous year when our rate was 5.9 percent. Our unemployment rate in Illinois sadly is tied for third highest in the Nation. Alaska and Oregon are higher. We are tied with the State of Mississippi. If one measures the impact of a recession by the percent change in unemployment rates, this recession has hit my State twice as hard as the recession of the early 1990s, and as of January 1, 2003, over 53,000 Illinois workers exhausted the 13-week temporary benefits extension enacted in March 2002 and remain unemployed. Each week, 4,000 Illinois workers will exhaust their regular State unemployment benefits.
The President, in his radio address a few weeks ago, said as follows:
We will not rest until every person in America who wants to
work can find a job.
Thank goodness. That is a pledge every President should make. On December 28, in another weekly radio address, the President said, and this is right after Christmas and we knew unemployment benefits were expiring:
One of my first priorities for the new Congress will be an
extension of unemployment benefits for Americans who need
them.
The President responded and Congress answered with an extension of unemployment benefits that took us close to meeting that pledge, but not close enough for 1 million Americans who were left behind. The extension of unemployment benefits that the President proposed and signed excluded 1 million American workers who have been unemployed for over 9 months and have exhausted all their temporary Federal benefits without finding a new job.
I have argued in this Chamber today that this is a question of fairness and compassion. Let me add parenthetically that it is also a stimulus to the economy. The money given to unemployed workers is spent almost immediately to meet the needs of their family. It is not salted away, invested, or saved. It is spent for goods and services creating economic activity and jobs in a time when this economy dearly needs that to happen.
I hope my colleagues will reconsider this issue and join Senator Reed and myself in enacting this amendment.
I am happy to yield.
I say to the Senator from Oklahoma, I am aware of that fact, but I hope he is also aware of the fact that the recession we are currently in also has some economic indicators that are even more troubling than what we faced in the early 1990s.
I say to the Senator in good faith that I sincerely hope this recession ends tomorrow. I do not care what the political consequences are for Democrats or Republicans, but I hope the Senator from Oklahoma will concede the recession we are in today is unlike those we have had before. There is high unemployment. Maybe we have not reached record levels, but there seems to be a resistance to getting this economy started again. I think that is why we are debating a stimulus and growth package.
I hope the Senator will concede that, though the numbers may not be exactly as bad, the depths of this recession and the impacts of the current recession are really unique and we should respond to them at least in the way we did before.
I yield the floor.
Mr. President, this morning I will be offering an amendment, together with Senator Lieberman, Senator Jeffords, Senator Clinton, and Senator Reid, all of whom have worked very hard on this amendment.…
Mr. President, this morning I will be offering an amendment, together with Senator Lieberman, Senator Jeffords, Senator Clinton, and Senator Reid, all of whom have worked very hard on this amendment.
This amendment is about doing a very simple thing: it is about keeping our air clean so that kids won't have asthma attacks and so seniors won't have heart attacks and so Americans won't lose their lives before their time. For months the administration has talked about massive changes in clean air protections and for months Senators on both sides of the aisle have said to the administration: Before you go through with these changes, would you please tell us in detail how these changes are going to affect our families? In other words, would you please look before you leap?
We have been asking that question for months, and for months the administration has refused to answer. On November 22, they went ahead with their massive changes without telling us how it was going to affect the health of the American people.
I believe the administration does not want to share these facts because they are afraid of what the facts will show. They are afraid people will see what their rule changes will do. When you study these rules, when you listen to the experts, you will see that they will make our air dirtier. These rules will add more soot to our cities and more smog to our national parks. At the end of the day, these rules will allow more kids to get asthma attacks, more seniors to have heart problems which land them in the emergency room, and more people will lose their lives prematurely.
This amendment is a very modest response to these proposed changes. It does not block the rules forever. It does not put them off for years. It just says let's put these rules off for about 6 months and use that time to determine how these changes will affect human health, how they will affect kids with asthma, senior citizens with cardiorespiratory problems. It seems to be a perfectly reasonable thing to do. I hope my colleagues will support the amendment.
We are saying let's get a study from the nonpartisan, completely respected National Academy of Sciences. That is all we are talking about: 6-month delay to look at these changes to see, before they go into effect, what effect they will have on the health of the American people.
The science of pollution is completely clear. Pollution causes heart and lung problems. It aggravates asthma. It causes the smog that ruins the view in our Nation's parks. It causes premature deaths.
According to Abt Associates, a nonpartisan research group, just 51 powerplants are responsible for more than 5,500 deaths every year, for over 106,000 asthma attacks, and for costs to our economy of between $31 billion and $49 billion. That is only 51 powerplants. If you did the same study of other industries, the numbers would go up dramatically.
North Carolina has some of the worst pollution in the country. According to Dr. Clay Ballantine, a physician in Asheville in western North Carolina, just living and breathing in western North Carolina costs 1 to 3 years off the average life of a person. The UNC School of Public Health, found that in many of our counties 3 in 10 kids have asthma, which is three times the national average.
Just walking in the Great Smoky Mountains is as bad for your lungs as breathing in many big cities. When the head of the EPA, Christie Todd Whitman, visited the Great Smokies last Fourth of July, she could barely see 15 miles at a place where you used to be able to see 75 to 100 miles. So clean air is a huge priority. It is important for our kids, for seniors, and for our parks.
This administration has made radical changes in the regulations under the
Clean Air Act. This is about a program called New Source Review or NSR. The basic idea of NSR is simple. Under the Clean Air Act, if someone builds a new factory, the new factory has to have state-of-the-art equipment to prevent pollution, but there is a special deal for factories that were built before 1977. Those factories don't need to install new pollution controls unless and until their toxic emissions go up by a significant amount. Only when that happens does the plant have to install these new controls that others have to meet instantly. This is what the New Source Review is all about.
There is no question--and all of us believe--that reforming NSR is a good idea. We ought to do two things: One, we ought to cut red tape, which is a problem; two, we ought to cut pollution.
Under Carol Browner, EPA Administrator in the Clinton administration, positive work was done in that direction. But the debate today is not about those kinds of reasonable and sensible reforms that are in the best interest of the American people. This debate is about this administration's package.
There are several glaring problems with that package. First, the administration developed these rules through a series of secret consultations with executives from power and oil companies. It would not have been so bad if the administration had also been talking secretly to regular patients and kids and doctors about what effect these changes in the rules would have on their lives and their health. But there is no evidence they did that. Instead, the administration focused on one side and favored that side in the changes they made in the rules.
The second problem is this administration has never explained in any serious way whether these changes will in fact harm human health, whether they will cause more pollution, more asthma, or more premature deaths. For months we have asked for a serious qualitative study, and for months we have not received that study.
Let me go through a short timetable. On July 16, 2002, at a joint hearing of the Environmental Committee and the Judiciary Committee, both Senator Jeffords and I asked Jeff Holmstead, the EPA's top clean air official, whether he could quantify the effects of this proposal on a human level. He could not do it then, and the best I can tell, he has not tried to do it since.
On August 1, 2002, 44 Senators signed a bipartisan letter to EPA which asks the EPA to conduct a rigorous analysis of the air pollution and public health impact of the proposed rule changes. Again, they didn't do it.
On September 3, 2002, I again asked Mr. Holmstead for an analysis of EPA's proposals. Mr. Holmstead had no new analysis. Instead, he pointed back to an analysis that had been done 6 years earlier during the Clinton administration--a different set of proposals, a different analysis.
The head of the EPA, 6 years ago, Carol Browner, who testified at the hearing, said the old study proved nothing. But when I asked Mr. Holmstead if EPA would simply hold off on the new rules until we had a real study on the effect that these new rules would have on the health of the American people, he said no.
On November 22, 2002, the administration just went ahead, finalized the rules without giving any credible evidence on what impact this would have on human health.
So what we are saying is not complicated. We are saying: Should we not look before we leap, before we change rules that can affect the most basic protection for our kids and our families and our parks? Should we not at least do an analysis of what impact it is going to have on kids and families and our environment and our parks?
The administration's answer is no. Let's go ahead. I believe that is their answer because they don't want to know the truth because they are afraid of what the truth will be.
If you look at these rules, which I have and others have, it is clear that they will hurt people. Time after time this administration has twisted proposals made under the Clinton administration to allow more pollution.
Here is what Ms. Browner said:
The current administration's recent announcement of final
changes to the New Source Review Program abandons the promise
of the Clean Air Act--steady air quality improvements. [These
rules] will allow the air to become dirtier.
Let me repeat that: These rules ``will allow the air to become dirtier.'' And that means they will allow our kids and our seniors to get sicker, to die sooner. That is what we are talking about. It is very basic and fundamental.
Let me give two examples of what these rules will do:
First, the rules change the way pollution levels are calculated. Under the new source review, a factory has to clean up only if it increases its pollution level. It matters a lot how we measure the factory's initial pollution level, what's called the ``baseline.''
Up to now, the rule has been that the baseline is the average for the last 2 years--that is the basis on which we determine whether there has been an increase in pollution--unless the company can prove another period is more representative of recent emissions. But the basic rule has been that you establish the baseline by looking at the last 2 years. That makes sense.
What this administration proposes doing makes no sense. What they are saying is instead of using the last 2 years, we let the factory choose any 2 years out of the last 10. So instead of looking at the last 2 years as a baseline to determine whether emissions have gone up, what they are saying is we are going to let the factory choose any 2 years in the previous 10 in order to determine whether emissions have gone up.
So even if the reality is that their pollution level is quite low right now, they get to go back a decade and say that pollution is high.
They can even take emissions from accidents and malfunctions and use those to inflate their baseline. And because they can make pollution 10 years ago look like pollution today, they can pollute even more without cleaning up.
You don't have to take my word for it. According to internal documents, career staff at the EPA said that this change would ``significantly diminish the scope'' of the New Source Review. A study by the Environmental Integrity Project found that at just two facilities, the new rules would allow over 120 tons of the pollution into the air. The National Association of State and Local Air Regulators says that this change ``provides yet another opportunity for new emissions to avoid NSR.'' So the bottom line is more pollution.
Here is a second example. The new rules contain something called a ``Clean Unit'' exemption. In theory, the exemption should give companies an incentive to clean up by giving them benefits if they install state-of-the-art technology. It is a perfectly good idea. But this administration has provided an exemption as long as the company installed new equipment anytime during the last 10 years. In other words, if a company did something good in 1994, they get a free pass to increase pollution in 2003, 9 years later.
Again, this makes no sense. Again, it will increase pollution. Again, here is what the State and local air commissioners said. This rule ``would substantially weaken the environmental protections offered by the NSR program.''
Now, when it comes to the effects of these rules, it is true that the State administrators could be wrong. The career officials at EPA could be wrong. I could be wrong. We could all be wrong. The rules could be
Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.
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Mr. President, I came to the floor because I want to talk about an amendment that will be offered tomorrow dealing with disaster aid for farmers, but I can't help but comment just a moment on some of…
Mr. President, I came to the floor because I want to talk about an amendment that will be offered tomorrow dealing with disaster aid for farmers, but I can't help but comment just a moment on some of the discussion I heard on the floor as I entered the Chamber, and also just prior to that, the notion there is one side of this Chamber that somehow is for big government and there is the other side that is protecting the American people against big government.
My colleague from Delaware said it appropriately. If you take a look at the amendments that have been offered and debated, the amendments, for example, by my colleague, Senator Byrd, are talking about additional investments in homeland security. Does anyone really think it is just building big government to care about investments in homeland security?
Do you know, for example, that there are 5.7 million containers that come into America's ports every single year and only 100,000 of them are inspected and 5.6 million containers are not inspected? Do you think maybe we ought to do better than that? Do you think there is a potential threat by terrorists dealing with our ports and harbors and the containers that are coming in from all parts of the world?
If you do, do you really want to stand up and say what my colleague is trying to do is just big government? Or maybe you want to stand up and say this is an important investment in the security of this country. Maybe you want to stop the kind of demagoguery that exists around this town at almost every turn on almost every subject.
Isn't there a reason to have a thoughtful debate about what kind of security the American people expect and deserve, responding to the terrorist threat around the world? I think it ought to be thoughtful rather than thoughtless, and too much of the dialog I find, regrettably, is thoughtless.
We have heard, of course, the same dissenting voices. When the proposal was to create a Medicare program, the dissenting voices were to say: Oh, no, we can't do that. Create a Social Security Program to help seniors? No, we can't do that.
It's a good thing this Chamber wasn't filled with people with that attitude when President Eisenhower proposed we build the interstate highway system or that wouldn't have gotten built.
I won't go on. I will just say I don't think anyone in here pines for ``big government.'' But I think we want a better country. And some of us very strongly believe that to have a better country is to decide to invest in America's kids, to improve education, to make our neighborhoods safe, to create the kind of circumstances in which we have economic growth and opportunity, and people have decent jobs--jobs that pay well, jobs that have security. All of these represent what will make this a better country--not a bigger government, a better country. I think we would be well advised to redraw a few of these charts that we see brought to the floor of the Senate and talk about what is important to the future of America instead of trading slogans back and forth.
But that is not why I came to the floor. I want to talk just for a moment about the issue of disaster aid for family farmers. Last week a cattle rancher from western North Dakota called and said: I don't want any political discussion or political talk. What I need to know is, will there be some assistance for those of us who have been hit by disaster? Because I just spent 2 hours at my local bank. The fact is, if there is not disaster aid made available by the Congress to help those of us who got hit by a natural disaster--a drought that has been devastating for them--then I am not going to be able to continue. There will not be any credit for the coming year and I am not going to be able to continue on my ranch.
There are thousands, tens of thousands of people all across this country in exactly the same situation, wondering if, during this disaster, this devastating drought that has been likened in some parts of our country to the Dust Bowl days of the 1930s--a devastating drought that is not the fault of farmers and ranchers but that has crippled their ability to make a living, devastated their livestock herds and meant that seeds they planted in the spring could not possibly produce the harvest in the fall--wondering whether, as has always been the case, whether Congress will do in this disaster what it has done in previous disasters, and that is say to those farm families: We would like to extend a helping hand.
We do that in virtually every other circumstance. When there is a hurricane in one of our southern States, when there is a fire or a flood or an earthquake, our country is quick to send teams of people and say: Let us help you. This is a natural disaster. It is not of your making and we understand the need for our country to reach out and extend a hand and say let us help you.
I have always been pleased to say let me be a part of that. I want to help the people who have been hit hard by these devastating natural disasters. So my vote has always been yes. My colleagues, fortunately, have always said the same when it comes to disasters that hit the family farm. The question is whether we will provide enough help to allow them to continue on that family farm or ranch.
We are going to offer, tomorrow morning, I believe--at least it will be tomorrow, I hope it will be the first amendment up--Senator Daschle, myself, Senator Baucus, and others will offer a farm disaster package here on the floor of the Senate and that package will be similar to that which has been offered in the Senate previously and passed by the Senate previously, $5.9 to $6 billion. It received a very wide margin here in the Senate. The vote was bipartisan. It was declared emergency spending, as has always been the case with respect to disaster relief. And it was blocked. It was blocked by the House; blocked by the White House. But nonetheless, blocked.
We passed disaster relief on three occasions in the last Congress, only to see it blocked, and we were unable, then, to get this disaster relief made available to family farmers across the country.
So, we will try again tomorrow, urging that the Congress pass disaster relief. We could and should be able to do that in the Senate. I am reading there are some others with a disaster proposal that is less than half of what should be available and also providing that those who had no disaster will get payments. Last week's construct was a bit different from this week's. But what I read is we will still see, under the proposal offered by the majority, a disaster relief proposal that will spread money to those in rural America, notwithstanding who might or might not have been hit with a disaster.
It is our proposition that only those who have need--incidentally, it is a wide group of family farmers and ranchers across this country who have been hit by this devastating drought--it is only those, in my judgment, who should receive the benefit of the disaster program.
We passed a new farm program last year that would provide better price supports and that would guard against falling prices. But this isn't about price support. This is about disaster.
In my part of the country, a fair portion of the crops--particularly in southern North Dakota--never got out of the ground. In parts of North Dakota and in parts of much larger areas of the country, if you saw a picture of the ground that you would have taken during what would have been harvesttime, you would see something that looked very much like a moonscape. The seeds were in the ground but the seeds did not come up. That farmer and his or her spouse would have lost everything. Many of them right now are visiting with their bankers to determine whether they will be able to continue on the farm or ranch.
I hope this Congress is ready to say, as it did last year in the Senate, that we believe we ought to provide a disaster package to family farmers who suffered this drought disaster.
There are many strikes that are against farmers and ranchers--some perpetrated by the Congress and some by others, one of which is trade, for example. I will not spend much time talking about that. But our farmers have been beset these years by low prices, by bad trade deals, and by a range of disasters--in some cases too much moisture, and in other cases too dry, but the result is the same. In both cases, their livestock herds are decimated. They are unable to raise a crop.
My hope is that by tomorrow we will have sufficient numbers in the Senate, as we have had on previous occasions in the last year and a half, who will stand up for family farmers and ranchers and decide they, too, will support, as they have in the past, disaster relief. My hope is that by this time tomorrow we will have had the debate, finished the debate, and had a favorable vote. Senator Daschle and I, and Senator Baucus and others, have spoken on the floor previously.
Senator Baucus put this in the stimulus plan last year and Senator Daschle was in the Chamber leading the effort. We have had plenty of debate on it. It ought not be a mystery for any Member in this Senate about what is happening in rural America. No one, in my judgment, need ask the question, including the President of the United States--who, incidentally, went to South Dakota so often last year that he should have rented an apartment in South Dakota, and he came to North Dakota. And within the last couple of years, he has said, oh, by the way, you family farmers, when you need me, I will be with you. We needed him and he wasn't with us--last year and now this year. We asked this President to join us. We asked the Speaker of the House to join us and help us pass disaster relief at this point.
That is why beginning tomorrow Senator Daschle, myself, and others will be pushing for an amendment on this omnibus bill. I know there will be those who will come to the floor--and perhaps one of my colleagues who spoke earlier today--and say, well, what they are talking about is big government. What we are talking about is trying to stimulate the economy and help those in the country who need some help. One quick way to stimulate the economy in rural America is to help those farmers and ranchers with some disaster relief, as we have always done in the past. That disaster relief finds its way into the mainstream. It supports jobs and main streets and businesses in all of our communities in rural America.
It is not just about family farmers. It is about the world economy. It is about stimulating our economy. There is no more quick way to do that than to include in any stimulus package--in this case to include in the omnibus bill--a piece of legislation that does what Congress should have done a year ago but failed to do because the Speaker of the House and the President blocked it; that is, pass a decent disaster relief bill in the neighborhood of $6 billion on an emergency basis that no longer leaves America's food producers in doubt; that says to those families who are struggling on the farms that we are with you, we care about you, but when you suffer disaster this country is going to extend its hand to you.
I yield the floor.
Mr. President, I rise to introduce the Crime Victims' Rights Amendment. The scales of justice are imbalanced. The U.S. Constitution, mainly through amendments, grants those accused of crime many…
Mr. President, I rise to introduce the Crime Victims' Rights Amendment.
The scales of justice are imbalanced. The U.S. Constitution, mainly through amendments, grants those accused of crime many constitutional rights, such as a speedy trial, a jury trial, counsel, the right against self-incrimination, the right to be free from unreasonable searches and seizures, the right to subpoena witnesses, the right to confront witnesses, and the right to due process under the law.
The Constitution, however, guarantees no rights to crime victims. For example, victims have no right to be present, no right to be informed of hearings, no right to be heard at sentencing or at a parole hearing, no right to insist on reasonable conditions of release to protect the victim, no right to restitution, no right to challenge unending delays in the disposition of their case, and no right to be told if they might be in danger from release or escape of their attacker. This lack of rights for crime victims has caused many victims and their families to suffer twice, once at the hands of the criminal, and again at the hands of a justice system that fails to protect them. The Crime Victims' Rights Amendment would bring balance to the judicial system by giving victims of violent crime the rights to be informed, present, and heard at critical stages throughout their ordeal.
The amendment gives victims of violent crime the right: to reasonable and timely notice of any public proceeding involving the crime and of any release or escape of the accused; not to be excluded from such public proceeding; reasonably to be heard at public release, plea, sentencing, reprieve, and pardon proceedings; and to adjudicative decisions that duly consider the victim's safety, interest in avoiding unreasonable delay, and just and timely claims to restitution from the offender.
These rights have been at the core of the amendment since 1996, when Senator Feinstein and I first introduced the Crime Victims' Rights Amendment. The amendment is the product of extended discussions with the White House, the Department of Justice, Representative Steve Chabot, Senators Hatch and Biden, law enforcement officials, major victims' rights groups, and such diverse scholars as Professor Larry Tribe and then-Professor Paul Cassell. The current version is similar to the version in the 107th Congress. As President Bush stated when announcing his support for the language of the amendment, the amendment was ``written with care, and strikes a proper balance.'' http:// www.whitehouse.gov/news/releases/2002/04/20020416-1.html. One of the nation's leading constitutional scholars, Harvard Law Professor Laurence Tribe, who is on the opposite end of the ideological spectrum from President Bush, concurred. Professor Tribe praised the Amendment's ``brevity and clarity'' and commented, ``That you achieved such conciseness while fully protecting defendants' rights and accommodating the legitimate concerns that have been voiced about prosecutorial power and presidential authority is no mean feat. . . . I think you have done a splendid job at distilling the prior versions of the Victims' Rights Amendment into a form that would be worthy of a constitutional amendment.'' Letter of April 15, 2002.
If reform is to be meaningful, it must be in the U.S. Constitution. Since 1982, when the need for a constitutional amendment was first recognized by President Reagan's Task Force on Victims of Crime, 32 states have passed similar measures, by an average popular vote of about 80 percent. These state measures have helped protect crime victims; but they are inadequate for two reasons. First, each amendment is different, and not all States have provided protection to victims; a Federal amendment would establish a basic floor of crime victims' rights for all Americans, just as the federal Constitution provides for the accused. Second, statutory and state constitutional provisions are always subservient to the federal constitution; so, in cases of conflict, the defendants' rights, which are already in the U.S. Constitution, will always prevail. The Crime Victims' Rights Amendment would correct this imbalance.
It is important to note that the number one recommendation in a 400 page report by the Department of Justice on victims rights and services was that ``the U.S. Constitution should be amended to guarantee fundamental rights for victims of crime.'' U.S. Department of Justice, Office for Victims of Crime, New Directions from the Field: Victims' Rights and Services for the 21st Century 9, 1998. The report continued: ``A victims' rights constitutional amendment is the only legal measure strong enough to rectify the current inconsistencies in victims' rights laws that vary significantly from jurisdiction to jurisdiction on the state and federal levels.'' Id. at 10. Further: ``Granting victims of crime the ability to participate in the justice system is exactly the type of participatory right the Constitution is designed to protect and has been amended to permanently ensure. Such rights include the right to vote on an equal basis and the right to be heard when the government deprives one of life, liberty, or property.'' Id.
Some may say, ``I'm all for victims' rights but they don't need to be in the U.S. Constitution. The Constitution is too hard to change.'' But the history of our country teaches us that constitutional protections are needed to protect the basic rights of the people. Our criminal justice system needs the kind of fundamental reform that can only be accomplished through changes in our fundamental law, the Constitution. Attempts to establish rights by Federal or State statute, or even State constitutional amendment, have proven inadequate, after more than twenty years of trying. Then-Attorney General Reno has confirmed the point, noting that, ``unless the Constitution is amended to ensure basic rights to crime victims, we will never correct the existing imbalance in this country between defendants' constitutional rights and the haphazard patchwork of victims' rights.'' Senate Judiciary Committee Hearing, April 16, 1997, statement of Attorney General Janet Reno, at 41.
On behalf of the Department of Justice, Ray Fisher, then Associate Attorney General, now a judge on the Ninth Circuit Court of Appeals, testified that ``the state legislative route to change has proven less than adequate in according victims their rights. Rather than form a minimum baseline of protections, the state provisions have produced a hodgepodge of rights that vary from jurisdiction to jurisdiction. Rights that are guaranteed by the Constitution will receive greater recognition and respect, and will provide a national baseline.'' Senate Judiciary Committee Hearing, April 28, 1998, statement of Associate Attorney General Ray Fisher, at 9.
A number of legal commentators have reached similar conclusions. Harvard Professor of Law Laurence Tribe has explained that the existing statutes and state amendments ``are likely, as experience to date sadly shows, to provide too little real protection whenever they come into conflict with bureaucratic habit, traditional indifference, sheer inertia, or any mention of an accused's rights regardless of whether those rights are genuinely threatened.'' Senate Judiciary Committee Hearing, March 24, 1999, statement of Laurence Tribe, at 6. He also stated, ``there appears to be a considerable body of evidence showing that, even where statutory or regulatory or judge-made rules exist to protect the participatory rights of victims, such rights often tend to be honored in the breach . . . .'' Id. at 7. Indeed, according to a report by the National Institute of Justice, even in states that gave ``strong protection'' to victims rights, fewer than 60 percent of the victims were notified of the sentencing hearing and fewer than 40 percent were notified of the pretrial release of the defendant. National Institute of Justice, Research
in Brief, ``The Rights of Crime Victims--Does Legal Protection Make a Difference?'' at 4 (Dec. 1998).
If crime victims are to have meaningful rights, those rights must be in the U.S. Constitution. As President Bush has stated, ``The protection of victims' rights is one of those rare instances when amending the Constitution is the right thing to do. And . . . the Crime Victims' Rights Amendment is the right way to do it.'' http:// www.whitehouse.gov/news/releases/2002/04/20020416-1.html.
The Crime Victims' Rights Amendment has strong bipartisan support in the House and Senate. Senator Feinstein is the lead Democratic sponsor. I would like to thank her for her tireless efforts on behalf of crime victims and for her hard and very valuable work on the language. Also, a bipartisan group of 39 State Attorneys General has signed a letter expressing their ``strong and unequivocal support'' for an amendment. In January 1997, the National Governors' Association voted in favor of an amendment. In 1996 and 2000, both the Republican and Democratic Party Platforms called for a crime victims' rights amendment. Additionally, the amendment is supported by the International Association of Chiefs of Police and major national victims' rights groups, including Parents of Murdered Children, the National Organization for Victim Assistance, Mothers Against Drunk Driving, MADD, the Maryland Crime Victims' Resource Center, Arizona Voice for Crime Victims, Crime Victims United, and, Memory of Victims Everywhere.
The amendment has received strong support around the country. As I mentioned earlier, 32 states have passed similar measures--by an average popular vote of almost 80 percent.
Since we first introduced the amendment in 1996, Nila Lynn has been murdered in my home State of Arizona. Nila and her husband Duane were three months short of their 50th wedding anniversary. Nila was shot in the back by Richard Glassel and died in Duane's arms. Despite the fact that Duane had a State constitutional right to be heard at Glassel's sentencing and despite the fact that Glassel was afforded the right to make a sentencing recommendation to the jury, Duane's voice was silenced because he had no U.S. Constitutional right to make a similar sentencing recommendation.
For far too long, the criminal justice system has ignored crime victims who deserve to be treated with fairness, dignity, and respect. Our criminal justice system will never be truly just as long as criminals have rights and victims have none.
I ask unanimous consent that the text of the joint resolution be printed in the Record.
Mr. President, I rise today in support of this amendment to provide much-needed assistance to our Nation's low-income families. The amendment before us today would use $300 million in contingency…
Mr. President, I rise today in support of this amendment to provide much-needed assistance to our Nation's low-income families. The amendment before us today would use $300 million in contingency funds included in the fiscal year 2001 supplemental appropriations bill be provide additional money for states struggling to keep pace with demand for the Low-Income Home Energy Assistance Program.
The Low-Income Home Energy Assistance Program, LIHEAP, provides critical aid to many of our Nation's most vulnerable citizens. According to the National Energy Assistance Directors Association, as many as 5 million households received LIHEAP assistance during fiscal year 2001--the last year for which such data is available.
Since then, of course, the need for this program has grown almost exponentially. In many places--particularly in the western part of our country--the downturn in our nation's economy has conspired with soaring retail energy costs to create record-breaking demand for LIHEAP dollars.
I want to explain to my colleagues precisely why this amendment is so important to so many families in my state. On a number of previous occasions--during debate on the Senate energy bill, at various junctures during the Western energy crisis and the ensuing investigations of Enron and others--I have spoken on this floor about the Bush administration's failure to step in and stem the economic bleeding in my state resulting from skyrocketing electricity prices. But not only did this administration sit idly by as Enron and others conspired to wreak havoc on the economy of the West, this administration has also ignored repeated pleas to release the LIHEAP money that would aid those very citizens who have suffered the most from its inaction.
As my colleagues may recall, during the height of the western energy crisis--which we now know resulted at least in part from the manipulations of Enron and potentially other energy companies-- wholesale electricity prices spiked to as much as 1,000 percent above normal.
While prices on the wholesale markets have now stabilized, one daunting reality we face in Washington state is that, despite a series of rate increases that had reached almost 50 percent in some areas by September 2001, the worst of this crisis is not yet over. The Bonneville Power Administration, which markets about 70 percent of the power consumed in Washington, subsequently put in place a rate increase of more than 40 percent in October 2001.
My State and region continue to struggle to pay power costs incurred during the crisis, at least in part due to the Federal Energy Regulatory Commission's failure to act and void exorbitantly prices contracts signed with the likes of Enron. And just this week I learned that, as a result, the Northwest faces the prospect of yet another round of double-digit rate increases later this year.
Already, Washington State has suffered from the second or third highest unemployment rate in the nature for almost a year. Already, utility disconnection rates have quadrupled in some areas of my State.
Already I receive letters from constituents who have to make the choice between buying prescription drugs and paying their electricity bills. So my colleagues can imagine just what kind of threat further electricity rate increases pose to the prospect of an economic recovery.
I could recount in much more detail this administration's flagrant disregard for the statutory requirement that consumers be charged ``just and reasonable'' electricity rates. But today, I want to focus on the fact it continues to ignore the plight of citizens who have borne the brunt of the economic crisis the administration itself had a hand in creating.
During fiscal year 2002, the Bush administration had at its disposal a total of $600 million in LIHEAP contingency funds. Congress appropriated a total of $300 million of these funds as part of that year's Labor-HHS appropriations bill; the remaining funds were appropriated as part of the fiscal year 2001 Supplemental bill, which included $300 million in LIHEAP funds that remain available until expended.
Due to the dire economic circumstances in which many of my state's working families find themselves, I have repeatedly asked this administration to release a portion of those funds to Washington State.
In October 30, 2001, in testimony before the Senate Health, Education, Labor and Pensions Committee, Assistant Health and Human Service Secretary Wade Horn stated that LIHEAP fulfills a ``dual responsibility to provide ongoing assistance where it is most needed and to respond to emergency situations such as extreme weather conditions, supply disruptions or price spikes.'' At the same time, he indicated that there were no plans to release emergency funds due to a drop in fuel prices as well as forecasts of a relatively mild winter.
In response, I was joined by my colleague Senator Murray as well as six other members of the Washington delegation in sending a December 10, 2001 letter to Health and Human Services Secretary Tommy Thompson, pointing out that some 73 percent of Washington's low-income households are heated by electricity--rather than natural gas or oil, as in other parts of the country--and that retail rates continued to rise rapidly. I would also point out that since 1980--when LIHEAP was first authorized--electricity prices have climbed 180 percent on a national basis, while oil, natural gas and propane prices have been relatively more stable. In light of all this, we requested an immediate release of the then-$300 million in emergency LIHEAP money. no money was released.
On March 8,, 2002, after Congress had added another $300 million to the LIHEAP contingency fund and Assistant Secretary Horn had, in his response to our first letter, suggested that should there be an emergency, the administration would release the necessary aid, I wrote again to suggest we had reached that point.
Washington State's utility shutoff moratorium was set to expire, and 5 inches of snow had just fallen in the eastern part of my State. Still no funds were released.
On April 12, 2002, I wrote yet another letter--this time to OMB Director Mitch Daniels. After a phone call, he requested more information on Washington State's particular situation. My office provided this information in an April 17, 2002 letter. Still no funds were released.
On May 28, 2002, I joined with a number of my Senate colleagues from across the country in sending a letter to President Bush, arguing that many States had already exhausted their annual LIHEAP allocation. Still no funds were released.
Finally, on August 9, the administration released $100 million of the total $300 million available in fiscal year 2002 LIHEAP contingency funds. Unfortunately, Washington State was not on the list to receive any of this additional money.
What this amendment proposes to do is take the $300 million in contingency LIHEAP funds Congress appropriated in fiscal year 2001 and distribute it to this Nation's many families in need.
I ask unanimous consent to print in the Record and article from the December 22, 2002 New York Times, entitled ``The Legacy of Power Cost Manipulation,'' which describes the situation in Snohomish County, WA.
Mr. President, in part the article says:
Here in Snohomish County, which has the highest energy
rates in the state, more than 14,000 customers have had their
electricity shut off for lack of payment this year--a 44
percent increase over 2001. They have seen electric rate
increases of 50 percent, as the Snohomish County Public
Utility District struggles to pay for long-term power
contracts it signed with companies like Enron at the height
of the price run-up . . .
``It's a pretty tough thing trying to explain to your 5-
year old kid why the lights won't come on anymore,'' said
Crystal Faye of Everett. ``I didn't pay much attention to all
that stuff about California and Enron, but it's certainly
come home to hurt us now.''
Ms. Faye and her husband, Rick, who are unemployed, have
had their power shut off twice this year.
Brianne Dorsey, a single mother, said she removed the
baseboard heater in home and has had to rely on a small wood
stove for heat, because she is $1,000 behind in paying her
electric bills . . .
Mr. President, this article details but two examples of the plight of far too many Washington state citizens--where an estimated 295,000 households were eligible for LIHEAP even before the Western energy crisis and economic downturn collided to exact such a devastating toll. In 2002, while the Bush administration sat idly by, some 80 percent of Washington State's eligible households received no LIHEAP assistance whatsoever.
Of the 20 percent that did, 74 percent had children in the home, 14 percent of these households included disabled Americans, and 10 percent included the elderly.
The amendment before us today sends a clear message: while the Bush administration has turned a blind eye to the very real economic pain being felt by our Nation's most vulnerable citizens--in my State, a pain exacerbated by a very real energy emergency with its roots in the western electricity crisis--this Congress must not turn its back. This amendment would ensure that an additional 11,000 households in Washington State, and many more through the Nation, would receive much- needed assistance in keeping the lights and the heat turned on. I ask my colleagues to support this amendment.
Mr. President, I am introducing the Small Employer Tax Assistance for Health Care Act of 2003, SETAH, a bill to provide tax subsidy to small employers to help them provide health coverage to their…
Mr. President, I am introducing the Small Employer Tax Assistance for Health Care Act of 2003, SETAH, a bill to provide tax subsidy to small employers to help them provide health coverage to their workers.
The problem of the uninsured is a problem of working families, but 7 out of 10 workers without coverage are not even offered coverage through their employers. This bill provides assistance and incentives for those employers who are least likely and least able to afford coverage for their workers, small, low-wage firms.
Statistics show that small firms are half as likely to offer coverage as large firms, while the offer rate for small low-wage firms is cut 50 percent further, compared to small high-wage firms.
This legislation will offer a significant tax break to those businesses in order to subsidize their purchase of health insurance. The credit is designed sensibly, so that rates adjust slowly as firm size and average wage increase.
Tax credits can unintentionally penalize firms that grow beyond the eligibility limitation. For instance, a tax credit for firms smaller than 20 means a firm's decision to add the 21st worker could add thousands to their tax bill. Tax credits should help businesses and their workers prosper, and not unintentionally discourage business growth.
The bill would contain the following elements:
50 Percent Credit to Help Workers at Smallest and Lowest-Wage firms. All firms smaller than 10, whose average worker earns minimum wage, are the ones who have the lowest insurance offer rates. These firms will receive a 50 percent tax credit up to $2000 per individual policy, and $5000 per family.
Double Phase-Out. Tax credits can unintentionally penalize firms that grow beyond the eligibility limitation. Using a ``double phase-out'' so that the tax credit diminishes gradually as firm size and average wage increase, eliminating the ``cliff effect'' that would otherwise discourage firms from adding employees or increasing wages.
5 Percent Floor. All firms under 50 workers, with average wages under $30,000, would be protected by a 5 percent floor.
Simplified Eligibility for All Small Low-Wage Firms. Restricting tax credits to only those firms who did not previously offer can unintentionally give small businesses starting out an incentive not to offer health insurance. By contract, the SETAH credit will be available to all small, low-wage firms, defined as smaller than 50 employees, and under $30,000 in average wages, that quality, regardless of whether they have offered coverage before. This helps employers who are doing the right thing and encourages others to follow their example by offering coverage.
Fiscally Prudent Targeting. Because the credit is well-targeted to firms who are unlikely to offer anyway, the credit remains less duplicative and more efficient than other credits. At an overall cost of $6 to $7 billion annually, the SETAH credit covers 3.3 million new individuals for roughly $2000 per newly insured individual, which is crucial in an era of fiscal prudence.
Mr. President, I am very concerned about the kind of economic policies we are pursuing because I believe in the absence of changing our economic policies we are not likely to get our economy growing again. It is important we do all we can to make the right decisions.
I know the President was in Chicago today. He addressed his proposal for the economy. I understand it is a package of approximately $650 billion, most of which concern some provisions that will affect relatively affluent Americans. I look forward to seeing what else is in that package.
We have to recognize the economic challenges we now confront are not just ones in Washington but are throughout our Nation, in the capitals of our States, and in our cities. In Washington, we have to be cognizant of the ripple effect on revenues to our States and cities by the decisions we make.
In fact, one of the unintended consequences of many of the changes that were made at the beginning of the 107th Congress with respect to tax policy and that are embedded in what the President is proposing will mean further reduction of revenues for State governments, which cannot print money, which have to balance budgets, which have to live within their means, and the net effect will be either States having to raise their taxes, local communities having to raise their property taxes, or dramatic cuts in services.
Among those services that we cannot as a Nation afford to cut are the ones that directly bear on homeland security: Our police and law enforcement officers, our firefighters, and our first responders. Today I am reintroducing the Homeland Security Block Grant Act that would provide direct funding to our local communities.
For me, this is one of our first orders of business because our first responders are our first line of defense at home.
Since September 11, 2001, cities, counties, and towns, large and small,
urban and rural, have responded to the call to be more vigilant, to beef up our homeland defenses. They have invested more than $2.6 billion from their own budgets. They have purchased more equipment. They have provided training for emergency responders. They are doing the very best they can to deal with all of the new challenges and threats we face.
I have met with mayors, fire commissioners, police chiefs, and other emergency workers who all tell me they do not have the resources they need in order to protect us.
I have conducted a survey of towns, cities, and counties across New York. From Buffalo to the tip of Long Island, we have heard the same thing: Despite this body's passage of legislation creating a Homeland Security Department, they have yet to see any additional funding where they need it most, close to home.
Most of the money that has been passed and sent to the States has not been addressed directly at beefing up local fire, police, and emergency responders but for a specialized purpose of confronting the challenge of bioterrorism.
We have a declining economy, rising unemployment, terrible revenue problems in our cities and States, and our answer has been to create a new bureaucracy in Washington. I believe creating the new Homeland Security Department, without funding our first responders on the front lines, is like building a hospital without hiring doctors and nurses. We may have a good plan on paper, but we do not have the means to execute it.
The bill I am introducing will give our first responders $3.5 billion to give them the resources they need to do what they know they must accomplish. We should not be determining in Washington how they spend this money. That should be done at the local level. What Buffalo needs may be different from Rochester which is different from Syracuse or Albany. It makes no sense to hold up this money any longer. We should disperse the money appropriated and we should funnel it, State to local communities, and we should be looking at what our unmet needs are.
The Homeland Security Block Grant Act of 2003 will provide direct funding to our communities and first responders. That is where the money should go.
I am delighted--my belief that this is the appropriate step to take is endorsed by the United States Conference of Mayors, the International Association of Fire Chiefs, the International Association of Firefighters, the Major Cities Police Chiefs Association, the National Association of Police Organizations, and the Police Executive Research Forum.
We did well today to deal with part of our problem when it comes to the unemployed. I look forward to working with my colleagues to deal with the other part, which are those who are chronically unemployed, to come up with ways of helping them be able to make a transition or just hold their families together until the economy turns around. I also hope we will address homeland security in a way that gets the money where it needs to be, on the front lines of our cities, our towns, with our police and our firefighters and emergency responders. That would send a strong signal that homeland security is not just a slogan, it is a reality throughout America.
I yield the floor.
Mr. President, first, I think all 100 Senators would agree, both from the standpoint of our needs for the future as well as what we have done in the past, that we all recognize the legitimacy of the…
Mr. President, first, I think all 100 Senators would agree, both from the standpoint of our needs for the future as well as what we have done in the past, that we all recognize the legitimacy of the Federal Government stepping in to compensate with Federal unemployment help when State programs have run out. There is no dispute about that.
There is a dispute over when and how much, and the plan we are being offered now would be a plan that has been put in place at other times but under much higher rates of unemployment.
I hope we do not have higher rates of unemployment, but sometime down the road we will, hopefully not now during this period of time, and it seems to me we ought to keep reserve to do what we have other times in the past when we have had higher rates of unemployment than we have right now, as opposed to triggering in programs that do much more for the unemployed than we normally do at 6-percent unemployment, let's say, as opposed to 7-percent unemployment.
If we were to go the route that is being proposed, then we would be doing more than we normally do at this rate of unemployment we have now. Surely, the people who are proposing what they are proposing today, as all of us would probably do if there is a higher rate of unemployment, would expect the Congress to respond to that. It is not a question of should we respond; it is a question of a measured response and when it triggers in.
I am not condemning people who say we ought to do more today beyond what States do, but they are responding in a way that we would normally respond when the unemployment situation would be much more negative than it is right now.
I think it is wrong for my colleagues to speak about this recession being different than other recessions, for two reasons. No. 1, the definition of a recession is two quarters of negative growth. We had three quarters of negative growth but that negative growth ended September 30, 2001. So we have had five quarters now of growth, about 2\1/2\ percent average.
Economists are predicting the quarter we are in now for 2003 would be about 3-percent growth, so I do not think it is fair to say we are in recession unless we have a Senator who is making his own definition of a recession--and he has that right--but I think we should be comparing apples with apples and not apples with oranges.
The second point I make is even if we were just coming out of a recession instead of being five quarters out of a recession--an official recession as defined by economists--I think we all need to remember that historically unemployment as a statistic is a lagging indicator. So one would expect other indicators of an improving economy to improve before the unemployment figure improved. Consequently, this has to be taken into consideration as help is given to unemployed people.
It is quite obvious that a number of my Democratic colleagues seem to think we can never spend enough on unemployment. So I want to review where we are so the record is straight.
Under the regular State unemployment program, workers are entitled to as much as 26 weeks of unemployment benefits. Under the temporary federally funded unemployment program enacted last March, those who exhaust their regular State benefits can receive up to 13 weeks of additional Federal benefits. In addition, workers in high unemployment States can receive yet another additional 13 weeks. That is a maximum of 26 weeks of Federal benefits.
So to some, it works out this way: Workers in every State can collect up to 39 weeks of benefits, 26 of those being State and 13 Federal. Workers in higher unemployment States can collect up to a whole year of unemployment benefits, which means 26 weeks State, 26 weeks Federal.
Last year, this temporary program was estimated to cost $11 billion. We are still responding, as we should in a bipartisan way, to this unemployment statistic still being relatively high but not as high as it has historically been. Earlier this month, in addition to what we did last March, Congress voted to extend these Federal benefits through May of 2003. This extension is estimated to cost $7 billion more. That happens to be a total of $18 billion in federally funded unemployment benefits. According to some of my Democratic colleagues, that still seems not to be enough.
Through this amendment, I think they are trying to spend an additional $6 billion. The amendment they offered today would change the current law to provide 26 weeks of federally funded benefits in every State, and 33 weeks in high unemployment States. The last time Congress provided 33 weeks of benefits, the unemployment rate was well over 7 percent. That is why I made the point. If we do this, what are we going to do if unemployment gets up to 7 percent, which I do not think anybody expects it to but suppose it did? The current unemployment rate is 6 percent.
Now there is something even more troubling. What I have said until now has been done by Congress in the past during certain times of high unemployment. More disturbing to me, this amendment changes current law to provide a uniform duration of benefits. Most States vary the duration of benefits based on the worker's actual employment history. Variable duration recognizes the insurance principles inherent in unemployment compensation by providing a shorter duration for workers who had a limited amount of work prior to qualifying for the benefits. These workers have paid less unemployment taxes and they have less attachment to the workforce.
Congress has never provided extended benefits without regard to the duration of State benefits. That is a very dramatic departure that this amendment holds for the future. A uniform duration means some workers will be able to collect more Federal benefits than they would State benefits. Moreover, a uniform duration means some workers will actually be able to collect benefits for a longer period of time than they actually worked.
Current law requires a minimum of 20 weeks of work to qualify for Federal benefit. Yet this amendment provides up to 33 weeks of benefits. These 33 weeks of Federal benefits could be paid in addition to as much as 39 weeks of State benefits. That happens to be a total of 72 weeks of benefits for someone who maybe only worked 20 weeks. This amendment represents the single largest expansion of Federal unemployment benefits in the entire history.
That brings me to an issue of how, if this were a legitimate approach to unemployment compensation, this ought to be handled by committees of appropriate jurisdiction, not be offered on the floor of the Senate to an appropriations bill. I am speaking because that appropriate committee is the Senate Finance Committee. We have jurisdiction over unemployment compensation. A departure in Federal responsibility is very important to consider as a committee--its impact, its costs. More important, if we are going to have this sort of an impact that is so different from what States have historically had, it ought to be considered by the committee of appropriate jurisdiction. We are dealing with something that is other than just simple extension of unemployment compensation.
Now, we may need to revisit this issue later this year, depending upon how the economy performs. But when we do that, we need to do it in a way that we take into full consideration that this amendment represents an unprecedented and, at least at this point with 6 percent unemployment compared to more than 7\1/2\percent unemployment when it has been used in the past, an unjustified expansion of the unemployment program.
I urge my colleagues not to vote for this amendment. I yield the floor.
Will the Senator yield? I will ask a quick question. I know my colleague referred to the 1990-1991 recession a couple of three times and alluded to: We did it then. Why do we not do it now? Is the…
Will the Senator yield?
I will ask a quick question. I know my colleague referred to the 1990-1991 recession a couple of three times and alluded to: We did it then. Why do we not do it now?
Is the Senator aware of the fact that the unemployment rate was 7 percent or more, compared to the current level of 6 percent, when we passed the Federal unemployment extension in 1990-1991?
Mr. President, I wish to speak on this issue, but my colleague, the chairman of the Finance Committee, was in the Chamber prior to my arrival so I will speak after his comments.
I yield the floor.
Mr. President, I compliment my friend and colleague, the chairman of the Finance Committee, for his statement. I hope my colleagues pay attention to it, especially the last part. The chairman of the Finance Committee said this has not gone through the Finance Committee, and pointed out several things that sounded like this is about what we did in the 1990s, but it is not. It is expensive. This is a different proposal than what we have seen.
We actually had a similar type of proposal that was debated last year, to which I objected, I believe the Senator from Iowa objected, and maybe the Senator from New Hampshire objected, that was a doubling of the Federal program from 13 to 26 weeks. This is a different iteration of that. It is different--in some cases maybe better, in some cases maybe worse. The one we objected to last year was a $17 or $18 billion program. The proposal now, we understand from the authors--I have not seen this from the Congressional Budget Office, but I respect them and I assume it is correct--says it costs $6.5 billion. Last week, we passed a bill that cost $7.2 billion. So this is $6 billion on top of that.
The Senator from Iowa mentioned that this says there would be a mandatory 26-week Federal unemployment compensation program. Present law we passed last week is an extension of up to 13 weeks for all States. There is a big difference in legislative language when you say ``up to'' rather than mandating 26 weeks. One, you are doubling the program, and you also do not keep it connected to the State program. Some States have different durations. We have always been tied to the State program.
I keep hearing about what we did in 1990; we want to duplicate what we did in 1990. The chairman of the Finance Committee alluded to the fact that the 1990 unemployment rate was much higher. It was 7 percent, 7.4 percent, 7.8 percent. The unemployment rate today nationwide is 6 percent. We have a lot of States that are substantially lower. We have 24 States that have unemployment rates at or below 5 percent this year--now. We have nine States that have unemployment levels between 2.7 and 4 percent. I remember in my private sector days, if you had unemployment at about 4 percent, you might not be able to hire somebody.
So there will always be some who are unemployed because people are changing jobs, they just graduated, they just moved and are temporarily unemployed. There is always a segment of the population temporarily unemployed. Almost half of our States have unemployment rates of 5 percent or less.
I mentioned there is a big difference from the language we passed in 1990. In 1990, we did do 26 weeks, but up to 26 weeks. We also had unemployment rates that were over a full point higher.
Also, sometimes we want to ask: when are we going to pay attention to the committees of jurisdiction? We are on an appropriations bill, yet we have an amendment that expands entitlements. Even though we extended current law last week, agreeing to spend an additional $7 billion plus, colleagues say: Wait a minute, let's add another $6.5 billion on top of that. We will just do an amendment that should come out of the Finance Committee right now. This is the first time that people will have seen it, and it's different than the proposals we have seen in the past, and we will see if we cannot pass it.
It does not belong here. Obviously, my colleagues know the budget point of order lies against this amendment. This proposal has not been introduced as a bill and a committee hearing has not been held, that I know of. Maybe different bills have been introduced. If it is the bill Senator Clinton was talking about introducing, this is not the same bill. There is a reason we should follow regular order. There is a reason we should use the committee of jurisdiction. There is a reason we should have bipartisan cooperation on bills such as this. I am disappointed we are not.
In this current recession, we have spent up to $26.25 billion since March of 2001 to help the unemployed. That is almost what we spent in the 1990s. People say: Well, you are not helping; you do not care about the people. That is hogwash. The proposal introduced today by Senator Reed and Senator Durbin is not targeted. Twenty-four States have unemployment of 5 percent or less, but they will get the same benefits as everyone else, except the highest unemployment states get an extra 7 weeks.
Then we have the dilemma of, right now, the present requirement is a person only has to work 20 weeks and they can receive as much as 52 weeks in unemployment compensation. That is not a bad deal, especially when you consider 72 percent of workers in a household who are eligible to receive these benefits have another family member who is employed.
Think of that: 52 weeks of paid unemployment compensation while in a household where, in 72 percent of those households, there is an employed family member.
This is a crummy way to legislate. It doesn't belong on this appropriations bill. We need to finish this appropriations process. We have 11 bills that were not finished last year. We have already finished one-quarter of this present fiscal year and we haven't passed these bills and we need to complete them. If colleagues want to do a change on unemployment compensation, they should introduce a bill, have it referred to an appropriate committee, and ask the chairman for a hearing, ask the chairman for a markup. That is the way business is supposed to be done in the Senate. It is not to try to rewrite entitlement programs. If you can do unemployment compensation, you can do Medicare, you can do Social Security, you can do any other bill, but that is not following the procedure.
Senator Stevens has great expertise, but I doubt that controlling or managing unemployment compensation is his area of expertise. That is not what his committee does. That belongs properly in the Finance Committee. We need to start respecting committees' jurisdictions and we have not been doing it.
I urge my colleagues, let's not be playing games. Let's not be trying to pass something they know won't pass and they know it will not come out of conference even if they are successful. I don't believe they will be successful. They should not be successful.
Mr. President, the pending amendment offered by the Senator from Rhode Island, Mr. Reed, increases mandatory spend and, if adopted, it would cause an increase in the deficit. Therefore I raise a point of order against the amendment pursuant to section 207 of H. Con. Res. 68, the concurrent resolution on the budget for fiscal year 2000, as amended by S. Res. 304.
I object.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, we have before us, although not under lively debate, an amendment by the Senator from North…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, we have before us, although not under lively debate, an amendment by the Senator from North Carolina with reference to the New Source Review air program. This is a very important program that we have debated extensively in the Environment and Public Works Committee. There have been many hearings on this issue and, frankly, the issue has been resolved. But unfortunately, it has become an example of the polarized, confrontational, contentious nature of the environmental debate. I wish it were not this way.
I believe the administration's New Source Review reforms are good for the environment, good for energy security, and good for the economy.
I will not go into all the details here because I know there are many other Senators wishing to speak. So I will await further discussions when they have had their say.
I think it is important--I want to lay down a marker--for my colleagues to understand that the EPA's New Source Review reforms--what we call the NSR reforms--will improve air quality and benefit the environment. EPA has already done the environmental analysis. It shows that four of the five provisions in the final rule will reduce air pollution. That is correct. I said ``will reduce air pollution.'' The other provision will have no significant effect on air quality.
NSR will no longer stand as a barrier to facilities installing state- of-the-art pollution control technology. Anybody who has been around Washington very long knows the law of unintended consequences. We do things we think are going to help, and they turn out to be a hindrance.
The New Source Review, as it has worked, has been a hindrance because companies cannot make routine improvements and upgrades to their facilities to make them operate more efficiently, take less energy, burn less fuel, emit less pollution or polluting substances, anywhere from volatile organic compounds to the other emissions from powerplants. They do that because the New Source Review says that anytime you want to do anything significant on a major plant, you have to go through the whole process. It takes a very long time, and you are required to make very significant upgrades beyond what the available dollars in the company would sustain.
The incremental continuing improvements, day by day or actually month by month or even year by year, cannot be made because of NSR. If you change it the way the EPA Administrator has proposed, NSR will no longer stand as a barrier to facilities installing state-of-the-art pollution control technology.
The NSR reforms that EPA has proposed will actually cut emissions of tens of thousands of tons per year of volatile organic compounds. NSR reforms will reduce ground level ozone and smog. The NSR reforms will also cut hazardous air pollutants and ozone-depleting substances. Our families will suffer fewer cases of premature mortality, asthma, and other respiratory diseases.
I would say further that EPA's NSR reforms are good for the Nation's energy security. Why? Simply because they will allow facilities to install modern technologies which use energy more efficiently. We all ought to be able to agree on that. Using energy efficiently conserves energy and reduces the polluting byproducts of energy production. The facilities will be able to reduce their energy consumption, reduce their dependence on foreign energy sources, and reduce our Nation's dependence on foreign energy supplies.
What is wrong with that? In our current troubled times, we should not stand in the way of any proposal which reduces our dependence on foreign and Middle Eastern oil. I would also say that the EPA NSR reforms are good for the economy. Companies would now be able to make rapid changes to meet their changing business climates without getting bogged down in time-consuming Government redtape.
The reforms will continue to protect the environment while giving companies the flexibility they need to get new products to the market quickly. We have all of the elements that should go into a forward- looking environmental program. We have made great progress, but we have also developed glitches in our system, and anybody who has thought about the system knows that we need to make it more efficient. We need to rationalize it. We need to give it flexibility so environmental improvements can be made with the least hassle.
I am talking about environmental improvements. That is what this NSR proposal does. It allows not only energy conservation, improved economic performance, but environmental progress as well. What is wrong with that?
I have yet to hear what is the objection to providing better environmental performance in a way that is flexible, that encourages companies to move forward. This is such a good idea that the last administration supported it. Yes, Mr. President, you heard me right. The last administration supported it. This was one of their proposals. The reforms EPA finalized this winter were actually proposed in 1996 during the Clinton administration by EPA Administrator Carol Browner. I thought it was a good idea then; I think it is a good idea now. The only change is there is a new administration, with a different President.
I hope this is not the reason behind some of my colleagues seeking to raise the issue and challenge it. If it was a good idea in the Clinton administration, does it become a bad idea in the Bush administration? I don't think so.
I think we are on the right track with what the Clinton administration started. The NSR reforms are good for the environment, they are good for energy security, and they are good for the economy.
I urge my colleagues to reject the Edwards amendment. I look forward--if there is further debate--to responding so that we can deal with this amendment in a timely manner.
I yield the floor and, seeing none of my colleagues wishing to speak, I suggest the absence of a quorum.
Mr. President, on behalf of the leader, I ask unanimous consent that the pending Edwards amendment be temporarily set aside to recur at the hour of 1:30 today, with the majority leader or his designee recognized when the Senate resumes consideration of the amendment; further, I ask that Senator Dodd now be recognized in order to offer an amendment related to IDEA, and that no second-degree amendments be in order to the amendment until Senator Gregg or his designee is recognized.
Mr. President, I thank the minority whip for his explanation. I can assure the Senator that on this side we want to accommodate Senators from both sides of the aisle. We are here in a week when many Senators had other things to do and we need to move forward. It is critically important that we get these appropriations bills passed because we will be getting close to halfway through the year before these bills can be implemented. I know wherever we can make accommodations, we will do so, and the Senator from Nevada has been very gracious in working with us. I know the Senator from Kentucky will work with him.
With that, I thank my colleagues and I yield the floor.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. I thank the Chair. Mr. President, during the last few session days, I have been rising to bring the Senate's…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
I thank the Chair.
Mr. President, during the last few session days, I have been rising to bring the Senate's attention to an issue which I think is very important. We have had a lot of discussion in this body about the concern for deficits. I share those concerns about how much money we are going to be borrowing in the future. One of the principal reasons for these discussions, particularly from Democratic Members, is their concern that because of these deficits going forward, we cannot give or--let me put it this way--let people in America keep more of their money and provide tax relief, as the President has proposed, to try to stimulate this economy.
The President has proposed in the area of $600 billion in tax relief over the next 10 years to try to help put more money into the private sector to help create jobs, secure jobs, and grow this economy. I think that is a very worthy goal.
Economic growth is vitally important for all of us in America. It creates job security. It creates new opportunities for advancement. It increases our standard of living. I believe everybody in this Chamber would agree that one of our priorities should be to create more jobs and create a stronger economy. The President has put forward a package which he believes will do that.
One of the major criticisms against the package is that it adds too much to the deficit; that while maybe some of these ideas are good ideas--letting people keep more of their money, providing incentives for people to invest, businesses to invest in capital equipment, stopping the double taxation of dividends--all those may or may not be good ideas, depending on to whom you listen--even if they are good ideas, we cannot afford it, we simply do not have enough money; frankly, we are running these deficits, so we have to be fiscally responsible--I am talking about the Democratic conversations of late-- that we have to be fiscally responsible and not provide this tax relief.
What I am going to do in the next few days as we continue to debate this year's appropriations bills, the 2003 appropriations bills--not next, but this year, since we did not get our job done last fall and pass the appropriations bills for this year--is I am going to detail all of the amendments the Democrats are offering and begin to add up the 10-year costs of these amendments.
We have the first amendment offered by Senator Byrd on homeland security, which is $70 billion over the next 10 years.
Senator Kennedy's amendment on education was $84 billion, which brought the total to $154 billion. Senators Hollings' and Murray's amendment on Amtrak, that was $5 billion over 10 years. Senator Harkin's amendment, $7 billion over 10 years, and then Senator Byrd's amendment, which was to basically strip away what was a mechanism to try to pay for some of these increases such as education and others, which was an across-the-board reduction, he eliminated the across-the- board reduction which basically put $154 billion on to the deficit over the next 10 years.
Pending is Senator Dodd's amendment, which adds $21 billion over the next 10 years in the area of paying for education for people with disabilities.
We have already had a majority of Democrats, in fact almost every single Democrat, vote for $320 billion in new spending and now we have another $21 billion on which to be voted. There are a whole host of other amendments which have to be filed by 6 p.m. today, which will add robustly, I suspect, to this total of $341 billion to date that have been offered by Members on the other side of the aisle who have come to this Chamber repeatedly and suggested that, we cannot provide tax relief to spur this economy to create jobs and to put more money out on to the private sector into taxpayers' pockets but we can afford almost half of what the President's tax reduction measure will cost.
It is important to show where the priorities are of the respective parties. What we have suggested is that to help this economy get going we need to put more money in taxpayers' hands so we can create a stronger economy and a better quality of life for people in America. Many on the other side, not all, have said that is not acceptable.
What is their alternative? Well, this appears to be their alternative: To grow the size and scope of Government in increasing amounts.
We made a mistake. We made this chart too small. My guess is by the time we are done we are going to have a line of charts as to how much money we are going to add to the deficit at a time when we are hearing all this gnashing of teeth about the President's tax plan that is simply too expensive, that it adds too much to the deficit. Yet time after time Members on the other side are more than willing to add money to the deficit. As long as we spend it on Government programs, as long as we spend it on growing the size and scope of the Federal Government, they are willing to spend taxpayers' dollars and willing to put the deficit to even higher levels.
To set the record straight, when we hear the debate on taxes, as we will later this year and we will hear Members coming to the Chamber saying we cannot afford this tax reduction, remember what they thought they could afford and that is a much bigger Federal Government, more tax dollars being spent in Washington, DC, and higher deficits as a result.
I will be back after each series of amendments we vote on and we will be adding to this chart. I am hopeful this number of votes for these amendments will begin to change. Where we look at almost every single Democrat voting for these large increases in spending, I am hopeful that at some point there will be a recognition that it is important to control the growth of Government spending, it is important not to have big deficits in ever increasing amounts, and we will see some contraction in these numbers.
Time will tell what will happen in the Senate over the next several days as we begin to debate more amendments offered by the other side of the aisle to add more money to the deficit which they decry as already too big in the first place.
I yield the floor.
Mr. President, may I ask the Senator from Nevada a question about what he just stated? Mr. President, I say to my friend from Nevada, what confuses me about what the Senator from Pennsylvania said,…
Mr. President, may I ask the Senator from Nevada a question about what he just stated?
Mr. President, I say to my friend from Nevada, what confuses me about what the Senator from Pennsylvania said, and others have said, and is disturbing, our friends on the other side of the aisle have an incredible definition of what constitutes security. The idea that we would at this moment cut the end strength of the U.S. military, there would be 100 out of 100 Senators in opposition on the floor.
The idea that we are like those soccer moms we talk so much about, they are no longer soccer moms, I suggest. They are security moms. They are literally worried about whether or not in their children's schoolyard, in their shopping center, in their daily routine, they and/ or their family might be a victim of terrorism.
If this war is a war the President talks so much about, with good reason, a war on terror, I assume we are saying the same thing. A war on terror is not a war that is only being conducted by special forces overseas, but the war on terror is in the United States.
What is the greatest concern Americans have? It is that something is going to happen as happened on September 11.
I ask this of these friends of ours on the other side of the aisle. I think they mean well. They talk about the fact they do not want to grow government. I ask, How are you going to combat terror in the United States of America, in Washington, DC; in Omaha, NE; in Wilmington, DE; in San Francisco, CA; how are you going to confront terror, combat terror? How are you going to make our nuclear powerplant that is right across the river from tens of thousands of Delawareans secure? How are you going to make sure there are no Americans subject to poison gas attacks, the water supply being polluted, chemical agents, or, God forbid, biological weapons. The only way to do that, it seems to me, is with more defense.
What is the defense? That is homeland defense. The defense is the FBI, local law enforcement; the defense is domestic surveillance, domestic operations. My friends keep saying they do not want to grow government. What the devil are they talking about? They just cut 1,100 FBI agents. They shrank government. If tomorrow they took this similar percentage of U.S. Marines and cut them, we would say: My God, what are they doing? They are crazy.
A U.S. marine, I ask my friend from Nevada, who is going to confront a terrorist on the Mall in Washington, DC, or at a nuclear powerplant in Nevada or Delaware, who will confront that person? Who will track them down? Is it a marine? A special forces person? No, it is going to be a law enforcement officer.
These fellows have, unintentionally, I hope, emasculated law enforcement. They have cut the COPS Program that put 100,000 cops on the street. They eliminated that. They transferred, necessarily, 570- some FBI agents out of violent crime strike forces toward terror. They have reduced the coverage in the States. They have now cut another roughly 1,100 FBI agents, eliminated any help for local law enforcement. They ballooned--as a consequence of that, in part--the budget of all these States, and they proudly stand here and say: We are not going to grow government.
I raise my hand; I want to grow government to fight terror. I want to grow the number of FBI agents. I want to grow the number of CIA agents. I want to grow the number of police officers. I want to grow the ability to defend my family from a terrorist attack on a nuclear powerplant in my region, all of which are exposed now. They are exposed.
I hope my friends, when they come to the floor, will explain to me why an increase in the deficit to maintain the end strength of the FBI is less worthy than increasing the deficit over 10 years by half a billion, counting interest, to give people a deduction, no taxes, on their dividends.
I was only talking about the dividends.
If the Senator will yield briefly--and I will yield the floor--I appreciate the response.
I have no doubt and I do not disagree with anything the Senator has said overall, but I am just suggesting that I wonder how any Members will explain at home, if, God forbid, one of our nuclear powerplants is blown up; if, God forbid, sarin gas is released in the tunnels under New York City; if, God forbid, any number of other things I could mention, which I won't because they will frighten people, happen, I wonder how any Member will explain how we justified, in the name of not growing government, reducing the number of what I call domestic defense officials, the number of FBI agents, the law enforcement agents, the number of people who, in fact, have as their primary responsibility, the security of our people. A government's first and foremost responsibility is security. It is not tax equity, it is security. Security. I am here to say we are skating perilously close to a disaster line here for failing to step up to the plate.
My last comment is I made a speech on September 10 to the National Press Club making the same argument I am making now. It was at that time thought to be somehow a little bit of--we can't afford it. The argument I made on September 10 at the National Press Club was we were ignoring domestic security and international terror at our peril and I laid out what we were not doing.
Let me say to you, I will be back on the floor again and again because I do not want my children or my grandchildren saying to me: Where were you during the war, daddy? Put it another way: Where were you when we were fighting terrorism, or supposed to be fighting terrorism? Why were you cutting law enforcement, cutting the FBI? Why were you cutting the very agencies that were designed to protect our security, that mom in her living room, her child in her school, her husband on the subway? Where were you?
I think we are misguided, in terms of the majority view on this floor. I want to grow government to defeat terror. I want to do it with people with guns. I want to do it with people with might. I want to do it with people with intelligence capability. I want to stop it before it happens. You cannot convince me you can do a better job with fewer people.
I thank my friend.
Mr. President, I am pleased to join today with my colleague from New Hampshire, Mr. Gregg, to introduce legislation to extend budgetary enforcement and to maintain fiscal accountability and…
Mr. President, I am pleased to join today with my colleague from New Hampshire, Mr. Gregg, to introduce legislation to extend budgetary enforcement and to maintain fiscal accountability and responsibility. this bill would ensure that the budget rules that govern the congressional budget process do not expire on April 15 of this year.
On October 16 of last year, Senator Gregg and I joined with Senators Conrad and Domenici to offer an amendment to extend the budget process. The Senate agreed to our amendment, Senate amendment No. 4886 to S. Res. 304, but with a modification that limited the extension to April 15. Thus the Senate must act before April 15 on legislation like that which Senator Gregg and I propose today, or we will risk allowing the Congress to legislate in an environment nearly completely unconstrained by budget discipline.
The last 2 years have seen an unfortunate deterioration in the Government's ability to perform one of its most fundamental jobs-- balancing the Nation's fiscal books.
In January of 2001, the Congressional budget Office projected that in the fiscal year that ended a few months ago on September 30, 2002, fiscal year 2002, the Government would run a unified budget surplus of $313 billion. In the actual event, however, the Government ran a unified budget deficit of $159 billion. That's a dramatic swing of $472 billion--the disappearance of nearly half a trillion dollars--for that one year alone.
And without counting Social Security, the Government ran a deficit of fully $318 billion in fiscal year 2002. Last year, the Government used $160 billion of income received by the Social Security trust fund to fund other Government programs.
For the 4 years before this past year, the Government ran unified budget surpluses. The Government demonstrated that it can exercise fiscal restraint, if it chooses to.
But now, CBO projects that under current policies, unified budget deficits will continue until 2006. And without counting Social Security, CBO projects that deficits will continue until 2011, when the hypothetical sunset of the tax cut brings us back to surplus again, just barely.
And using more realistic assumptions of not sunsetting tax cuts just enacted and letting appropriations keep pace with inflation, CBO estimated last month in response to a request from Senator Voinovich and me that deficits will continue at least until 2009.
We must stop running deficits because they cause the Government to use the surpluses of the Social Security trust fund for other government purposes, rather than to pay down the debt and help our nation prepare for the coming retirement of the baby boom generation.
And we must stop running deficits because every dollar that we add to the Federal debt is another dollar that we are forcing our children to pay back in higher taxes or fewer government benefits. When the Government in this generation chooses to spend on current
consumption and to accumulate debt for our children's generation to pay, it does nothing less than rob our children of their own choices. We make our choices to spend on our wants, but we saddle them with debts that they must pay from their tax dollars and their hard work. And that is not right.
That is why I am joining today with my colleague from New Hampshire to introduce this bill to extend the budget process. We need a strong budget process. We need to exert fiscal discipline.
Our bill would extend the budget process for 5 years, to October 1, 2007.
Specifically, it would extend the requirement that entitlement and tax legislation be paid for, or trigger automatic cuts--called ``sequesters''--in entitlement programs if they are not. We would provide that these automatic cuts would not take place when the Government is running a surplus.
Similarly, our bill would extend the pay-as-you-go rule in Senate procedures, as well, maintaining 60-vote points of order that enforce the pay-as-you-go rule. As we did in our amendment at the close of the last Congress, our bill would prevent savings achieved in reconciliation legislation from being used to offset new spending or tax cuts in other legislation. And to ensure that there is no loophole for entitlements enacted in appropriations measures, our bill would provide that entitlement expansions and tax cuts added to appropriations bills would be subjected to the pay-as-you-go rule, as well.
Our bill would extend other Congressional Budget Act enforcement mechanisms, as well. All the provisions of the Congressional Budget Act that now require 60 votes to waive would remain in effect in the Senate through October 1, 2007.
Finally, our bill would call for appropriations caps. It would state the sense of the Senate that Congress and the President should negotiate and agree on the appropriate discretionary spending levels and extend the statutory discretionary spending caps for 2003 and beyond as early as possible in a manner consistent with fiscal discipline and accountability.
That is what our bill would do. It is a straightforward bill. it is the least that we should do to ensure fiscal responsibility and sound budgeting.
We must stop using Social Security surpluses to fund other Government programs. We must stop piling up debt for our children to pay off. We must continue the discipline of the budget process.
Together with my colleague from New Hampshire, Mr. Gregg, I will work to those ends. I urge my colleagues to join us.
Mr. President, I ask unanimous consent that the bill and a section- by-section analysis of the bill appear in the Record.
Mr. President, I rise today to ask my colleagues to restore a little sanity to our Nation's clean air policy. For the past 2 years, I have joined my colleagues on the Environment and Public Works…
Mr. President, I rise today to ask my colleagues to restore a little sanity to our Nation's clean air policy. For the past 2 years, I have joined my colleagues on the Environment and Public Works Committee in requesting an analysis of the health impacts of the administration's New Source Review rules. We have asked through letters, through committee questions, through oral questions at hearings. Yet our requests fell on deaf ears, or shall I say on dead air, and the EPA finalized the rules without conducting any careful analysis.
That is why today I join Senator Edwards in offering this amendment-- one that I call the ``look before you leap'' amendment. All we do in this amendment is delay the effective date of the final rules for less than 7 months, during which time we commission a NAS study to evaluate the effects of the rules on air emissions and human health. In just 7 months, depending on the outcome of those objective, scientific studies, we could prevent serious potential damage to our environment and to public health.
What the Bush administration is proposing is not, as some in the administration might suggest, a nip-and-tuck. It's not a few technical rule changes. It is a significant change in our clean air policy. The administration is introducing new, more permissive rules for measuring whether a facility meets clean air requirements. In Congressional testimony, the EPA admitted that fully 50 percent of the facilities that are now subject to the Clean Air Act's technology requirements would fall out of those requirements under the rule changes.
When I hear that, I cannot believe there will be no health impacts. If literally half the sources are no longer subject to these provisions of the government's main clean air law, how can the air get anything but dirtier? Then I look at recent studies commissioned by the Rockefeller Family Fund and prepared by Abt Associates--the EPA's own consultant--that show emissions will increase as a result of the new regulations.
Based on the bulk of the evidence, it is counterintuitive and I think illogical for the EPA to claim--over and over again--that their new rules will do no damage to the environment. Then again, the EPA never offers any proof of this claim, so perhaps we are expected to accept in on faith.
This amendment will give us the answer. We no longer will have to argue back and forth--the study being commissioned by the National Academies will give us the facts. And we don't have to wait long. Less than 7 months, and then we can go forward with the rules knowing what their impacts will be. If the study shows significant environmental harm, and the majority of this body still wants them to be adopted, then so be it. But at least we made an informed choice.
Anyone in this Senate who has bought a house has toured the house before putting their money down. They've gotten an appraisal. They've conducted an inspection. Well, we're on the brink of buying a new set of rules here that we will have to live with for many, many years. I don't think we want to close our eyes, close our ears, cross our fingers and hope for the best. Ignorance is not bliss. Ignorance is remiss.
This amendment also brings a benefit for the states. Just last week, STAPPA-ALAPCO--the organization of state and local air regulators-- wrote to Administrator Whitman asking for a 1-year delay in the rules. They had already written to complain about the air impacts of the rules, but this letter was different--it aimed at the administrative knots in which the states are being placed by the new regulations.
You see, these rules are not optional for States--they are being shoved down their throats. And for the 12 States and the District of Columbia that implement the New Source Review program on their own, they will have to incorporate the rule changes into their programs by March 3. So my colleagues are clear, let me name them: Washington, California, Nevada, South Dakota, Minnesota, Illinois, Indiana, Michigan, New York, New Hampshire, Massachusetts, New Jersey, and the District of Columbia. As the rules were only published on December 31, that only gives these states and the district 3 months to evaluate and implement a tremendously complicated area of law. Neither has EPA provided the training and guidance that all States will need to implement the rule. That is why the States wrote to EPA last week and stated that: ``The March 3 effective date simply does not allow sufficient time for delegated state and local agencies to prepare for and executive effective implementation of the new NSR rule.''
By passing our amendment, we will be giving the state and local agencies the time that they desperately need. Call it breathing room-- for our environment and for our State governments.
This is a controversial topic, and I know my colleagues have been pulled in many different directions on this vote. But we are not asking for anything here but smart, well-informed policymaking. Once a rule like this is put in place, it is hard to reverse; indeed, according to EPA, the whole point of this rule is to provide industry with long-term certainty. We asked EPA to look before they leapt, and they refused, ignoring this institution's right to oversee their rulemaking at the same time.
We should understand the clean air impacts of these rule changes before they become the law of the land. We need to stop and take a breath before we change the law, so that we know that all Americans can breathe safely, easily, and freely in the future.
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 68 Introduced in House (IH)]
108th CONGRESS
1st Session
H. CON. RES. 68
Expressing the sense of Congress that Dorothy I. Height should be
recognized for her achievements as a civil rights leader, dedicated
activist working to fight racial and social prejudice, and for her
lifetime commitment to improving the opportunities available to the
most vulnerable in society.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2003
Mr. Rangel submitted the following concurrent resolution; which was
referred to the Committee on Government Reform
_______________________________________________________________________
CONCURRENT RESOLUTION
Expressing the sense of Congress that Dorothy I. Height should be
recognized for her achievements as a civil rights leader, dedicated
activist working to fight racial and social prejudice, and for her
lifetime commitment to improving the opportunities available to the
most vulnerable in society.
Whereas Dorothy I. Height was born on March 24, 1912, and later earned both her
bachelors and masters degrees from the New York University in 4 years;
Whereas Dorothy I. Height has worked tirelessly to implement the goals and
objectives of the National Council of Negro Women (NCNW), an
organization that focuses on the principles of self-reliance in its work
on women's rights, child care, housing issues, and career and
educational programs;
Whereas Dorothy I. Height became a celebrated leader in the civil rights and
women's movements and placed the NCNW in the spotlight in the 1960s with
``Wednesdays in Mississippi'' events, where interracial groups of women
would assist at Freedom Schools, and with voter registration and
education drives;
Whereas Dorothy I. Height received the Presidential Medal of Freedom in August
1994 from President Bill Clinton for her lifelong leadership and
dedication to civil and human rights issues;
Whereas Dorothy I. Height has been a promoter of positive black family life
through the NCNW and, in 1986, created the Black Family Reunion
Celebration to reinforce the historic strengths and traditional values
of the African-American family, which celebration has grown into a major
national event with over 14 million participants during more than 11
years; and
Whereas Dorothy I. Height has been the president of the National Council of
Negro Women since 1957, where she continues to struggle for equality and
human rights for all people: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring),
That it is the sense of Congress that Dorothy I. Height should be
recognized for her lifelong work to secure equality and human rights
for people around the world and for her leadership in creating
opportunities for the Nation's youth, ensuring that no one is left
behind.
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