A bill to amend the Internal Revenue Code of 1986 to provide a 5-year extension of the credit for electricity produced from wind.
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Read twice and referred to the Committee on Finance.
February 27, 2003
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Introduced in Senate
February 27, 2003
Sponsor introductory remarks on measure. (CR S2974-2975)
February 27, 2003
Read twice and referred to the Committee on Finance.
February 27, 2003
Floor Debate
20 membersWhat members said about S. 488 on the floor
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Floor Debate
20 membersWhat members said about S. 488 on the floor
Madam President, I rise to speak about the subject of taxation from a little different perspective, a legislative proposal which, if adopted, would add very considerably to productivity in America,…
Madam President, I rise to speak about the subject of taxation from a little different perspective, a legislative proposal which, if adopted, would add very considerably to productivity in America, and that is a proposal for a flat tax. In the fall of 1994, Richard Armey of the House of Representatives introduced a flat tax. I studied it, then in the spring of 1995, I introduced a flat tax for the Senate. That was the first one introduced. I have introduced it in successive years.
I usually pick April 15, because April 15 is tax filing day. But this year we are going to be in recess for the spring break. I had thought today would be the last day we would be in session. That is open to debate at this point. I just came from a conference of the Appropriations Committee, and there are a great many unresolved issues. I posed the question to my colleagues on the Appropriations Committee: What time do we vote on Sunday?
Some of my colleagues may be listening on C-SPAN2, and that will give them a jolt: What time do we vote on Sunday? Or we might not vote as early as Sunday. We might pick a time on Monday.
I got the attention of the clerks, too, by talking about something important: When are we going to finish the business of the Senate? The distinguished Parliamentarian is nodding his head in chagrin as to what is happening here.
Some suggestions have been floated around the Appropriations Committee of a way to solve this impasse between the House and the Senate on appropriations, the impasse between the House and the Senate on the budget, and that is a constitutional amendment for a unicameral legislature. That would be a shocker. For anybody watching C-SPAN2, that means one chamber. Then the question would come up: Which chamber will it be?
Nobody is going to go to a unicameral legislature, and I do not know when we are going to conclude the business of the Senate. I may be offering this flat tax legislation on the wrong day. Perhaps I ought to wait, because we may still be here on April 15, which would be next Tuesday.
In all seriousness, we have the most extraordinarily complex system for filing taxes ever devised. In the midst of an overwhelming bureaucracy and a regulatory system in Washington, DC, nothing compares to the Federal tax code.
The Federal tax code has grown from 744,000 words in 1955 to 6.9 million words and 17,000 pages at the present time. A study showed that more than 13 hours are consumed by the average American--rather, more than 13 hours are consumed on average--there is no such thing as an average American--on average by taxpayers in filling out the principal Form 1040. And if one goes to the various schedules, it can be another 5\1/2\ hours or 7\1/2\ hours.
I just finished filling out my tax return, and it is inordinately complicated. It is insufficient to be a Philadelphia lawyer to understand the Federal tax code, and then the State taxes, and then city taxes, the wage tax, the property tax, and the real estate tax. It is a nightmare.
It is possible to change all of that by going to a flat tax, and then the tax return would be on a postcard. The wonders of television. People can see the postcard. It will take about 15 minutes to fill out a postcard, which would identify the individual, specify the total compensation, specify the allowance, the number of dependents, and in the course of 15 minutes it would be finished.
This tax would be calculated on a flat rate of 20 percent. It would be very beneficial to people at all levels of the income strata except for those who engage in tax shelters. The average American today, or in the middle income, a family of four, which does not itemize deductions, pays taxes on all income over $19,850. Under this flat tax, there would be a personal exemption of $27,500 for a family of four, and taxes would be paid only over that amount.
After having just criticized charts, my staff has brought me a chart which they prepared. I certainly would not want to omit the showing of this chart. The writing is too small for reading on C-SPAN2, but it specifies the identity of the person, the total compensation, the personal allowance, and it can be filled out in the course of 15 minutes.
A superior depiction, in my opinion, is the postcard. People can deal more easily with postcards than they can with charts.
I have provided for two deductions which I am maintaining, deductions on interest and charitable contributions. It may be that ultimately we will have a totally flat tax, which would reduce another percent down to 19 percent. I have included interest on home mortgages because it is so prevalent, and I believe Americans might be very surprised not to be able to deduct their interest on home mortgages. That interest on home mortgages has been a great stimulus for housing construction and also a great encouragement for people to own their own homes. That is very important as a societal matter.
I have also retained the deduction on charitable contributions, which remains very important. That was reinforced by the Senate earlier this week by providing an increase in charitable contributions deductibility looking toward faith-based initiatives.
What I would like to do most emphatically would be to get the debate started. This body, the House, and the Treasury Department have never seriously considered a flat tax. It ought to be seriously considered. Whether it would be accepted or not would be the outcome of the debate. The flat tax proposal which I am bringing to you today, which is modeled after the outline by Professor Hall and Professor Rabushka of Stanford University, has been very carefully thought through. It is a neutral tax scheme. An analysis of people at various income levels shows that it is universally beneficial for all except those who engage in tax shelters and pay no tax at all.
The greatest benefit would be the savings to the American people of some 5.8 billion hours a year and some $194 billion in preparation expenses. I have actually seen estimates on the cost of tax compliance as high as $800 billion. Again, these estimates are such that nobody really knows, but as lawyers say in litigation, the pain and suffering that goes with filing these returns, or the cruel and unusual punishment involved in making these computations and the study involved, it would be a great relief to the American people. It would be win, win, win. There would be great savings in time. There would be savings in individual taxes, and there would be a tremendous stimulus to the economy so that so many corporations and businesses would no longer have to have a special office, which is the practice in many places, for the tax collector who comes in to conduct the audit on a yearly basis.
To reiterate, in less than one week, American taxpayers face another Federal income tax deadline. The date of April 15 stabs fear, anxiety, and unease into the hearts of millions of Americans. Every year during ``tax season,'' millions of Americans spend their evenings poring over page after page of IRS instructions, going through their records looking for information, and struggling to find and fill out all the appropriate forms on their Federal tax returns. Americans are intimidated by the sheer number of different tax forms and their instructions, many of which they may be unsure whether they need to file. Given the approximately 325 possible forms, not to mention the instructions that accompany, simply trying to determine which form to file can in itself be a daunting and overwhelming task. According to the Tax Foundation, American taxpayers, including businesses, spend more than 5.8 billion hours and $194 billion each year in complying with tax laws. That works out to more than $2,400 per U.S. household. Much of this time is spent burrowing through IRS laws and regulations which fill 17,000 pages and have grown from 744,000 words in 1955 to over 6.9 million words in 2000. By contrast, the Pledge of Allegiance has only 31 words, the Gettysburg Address has 267 words, the Declaration of Independence has about 1,300 words, and the Bible has only about 1,773,000 words.
The majority of taxpayers still face filing tax forms that are far too complicated and take far too long to complete. According to the estimated preparation time listed on the forms by the IRS, the 2002 Form 1040 is estimated to take 13 hours and 10 minutes to complete. Moreover this does not include the estimated time to complete the accompanying schedules, such as Schedule A, for itemized deductions, which carries an estimated preparation time of 5 hours, 37 minutes, or Schedule D, for reporting capital gains and losses, shows an estimated preparation time of 7 hours, 35 minutes. Moreover, this complexity is getting worse each year. Just from 1998 to 2002 the estimated time to prepare Form 1040 jumped 96 minutes.
It is no wonder that well over half of all taxpayers, 56 percent according to a recent survey now hire an outside professional to prepare their tax returns for them. However, the fact that only 29 percent of individuals itemize their deductions shows that a significant percentage of our taxpaying population believes that the tax system is too complex for them to deal with. We all understand that paying taxes will never be something we enjoy, but neither should it be cruel and unusual punishment. Further, the pace of change to the Internal Revenue Code is brisk--Congress made about 9,500 Tax Code changes in the past 12 years. And we are far from being finished. Year after year, we continue to ask the same question--is there not a better way?
My flat tax legislation would make filing a tax return a manageable chore, not a seemingly endless nightmare, for most taxpayers. My flat tax legislation will fundamentally revise the present Tax Code, with its myriad rates, deductions, and instructions. This legislation would institute a simple, flat 20 percent tax rate for all individuals and businesses. This proposal is not cast in stone but is intended to move the debate forward by focusing attention on three key principles which are critical to an effective and equitable taxation system: simplicity, fairness, and economic growth.
My flat tax plan would eliminate the kinds of frustrations I have outlined above for millions of taxpayers. This flat tax would enable us to scrap the great majority of the IRS rules, regulations, and instructions and delete most of the 6.9 million words in the Internal Revenue Code. Instead of billions of hours of non-productive time spent in compliance with, or avoidance of, the tax code, taxpayers would spend only the small amount of time necessary to fill out a postcard- sized form. Both business and individual taxpayers would thus find valuable hours freed up to engage in productive business activity or for more time with their families instead of poring over tax tables, schedules, and regulations.
My flat tax proposal is dramatic, but so are its advantages: a taxation system that is simple, fair and designed to maximize prosperity for all Americans. A summary of the key advantages are:
A 10-line postcard filing would replace the myriad forms and attachments currently required, thus saving Americans up to 5.8 billion hours they currently spend every year in tax compliance.
The flat tax would eliminate the lion's share of IRS rules, regulations and requirements, which have grown from 744,000 words in 1955 to 6.9 million words and 17,000 pages currently. It would also allow us to slash the mammoth IRS bureaucracy of 117,000 employees.
Economists estimate a growth of over $2 trillion in national wealth over 7 years, representing an increase of approximately $7,500 in personal wealth for every man, woman, and child in America. This growth would also lead to the creation of 6 million new jobs.
Investment decisions would be made on the basis of productivity rather than simply for tax avoidance, thus leading to even greater economic expansion.
Economic forecasts indicate that interest rates would fall substantially, by as much as two points, as the flat tax removes many of the current disincentives to savings.
Americans would be able to save up to $194 billion they currently spend every year in tax compliance.
As tax loopholes are eliminated and the tax code is simplified, there will be far less opportunity for tax avoidance and fraud, which now amounts to over $120 billion in uncollected revenue annually.
Simplification of the tax code will allow us to save significantly on the $7 billion annual budget currently allocated to the Internal Revenue Service.
The most dramatic way to show what the flat tax is to consider that the income tax form for the flat tax is printed on a postcard--it will allow all taxpayers to file their April 15 tax returns on a simple 10- line postcard. This postcard will take 15 minutes to fill out.
At my town hall meetings across Pennsylvania, the public support for fundamental tax reform is overwhelming. I would point out that in those speeches that I never leave home without two key documents: 1, my copy of the Constitution; and, 2, a copy of my 10-line flat tax postcard. I soon realized that I needed more than just one copy of my flat tax postcard. Many people wanted their own postcard so that they could see what life in a flat tax world would be like, where tax returns only take 15 minutes to fill out and individual taxpayers are no longer burdened with double taxation on their dividends, interest, capital gains and estates.
This is a win-win situation for America because it lowers the tax burden on the taxpayers in the lower brackets. For example in the 2002 tax year, the standard deduction is $4,700 for a single taxpayer, $6,900 for a head of household and $7,850 for a married couple filing jointly, while the personal exemption for individuals and dependents is $3,000. Thus, under the current tax code, a family of four which does not itemize deductions would pay taxes on all income over $19,850-- these are personal exemptions of $12,000 and a standard deduction of $7,850. By contrast, under my flat tax bill, that same family would receive a personal exemption of $27,500, and would pay tax on only income over that amount.
The tax loopholes enable write-offs to save some $393 billion a year. What is eliminated under the flat tax are the loopholes, the deductions in this complicated code which can be deciphered, interpreted, and found really only by the $500-an-hour lawyers. That money is lost to the taxpayers. $120 billion would be saved by the elimination of fraud because of the simplicity of the tax code, the taxpayer being able to find out exactly what he or she owes.
This bill is modeled after legislation organized and written by two very distinguished professors of law at Stanford University, Professor Hall and Professor Rabushka. Their model was first introduced in the Congress in the fall of 1994 by Majority Leader Richard Armey. I introduced the flat tax bill--the first one in the Senate--on March 2, 1995, S. 488. On October 27, 1995, I introduced a Sense of the Senate, resolution calling on my colleagues to expedite Congressional adoption of a flat tax. The Resolution, which was introduced as an amendment to pending legislation, was not adopted. I reintroduced this legislation in the 105th Congress with slight modifications to reflect inflation- adjusted increases in the personal allowances and dependent allowances. I re-introduced the bill two Congresses ago on April 15, 1999--income tax day--in a bill denominated as S. 822. More recently, I introduced my flat tax legislation as an amendment to S. 1429, the Tax Reconciliation bill. The amendment was not adopted.
Over the years and prior to my legislative efforts on behalf of flat tax reform, I have devoted considerable time and attention to analyzing our Nation's Tax Code and the policies which underlie it. I began the study of the complexities of the Tax Code over 40 years ago as a law student at Yale University. I included some tax law as part of my practice in my early years as an attorney in Philadelphia. In the spring of 1962, I published a law review article in the Villanova Law Review, ``Pension and Profit Sharing Plans: Coverage and Operations for Closely Held Corporations and Professional Associations,'' 7 Villanova L. Rev. 335, which in part focused on the inequity in making tax-exempt retirement benefits available to some kinds of businesses but not others. It was apparent then, as it is now, that the very complexities of the Internal Revenue Code could be used to give unfair advantage to some. Einstein himself is quoted as saying ``the hardest thing in the world to understand is the income tax.''
The Hall-Rabushka model envisioned a flat tax with no deductions whatever. After considerable reflection, I decided to include in the legislation limited deductions for home mortgage interest for up to $100,000 in borrowing and charitable contributions up to $2,500. While these modifications undercut the pure principle of the flat tax by continuing the use of tax policy to promote home buying and charitable contributions, I believe that those two deductions are so deeply ingrained in the financial planning of American families that they should be retained as a matter of fairness and public policy--and also political practicality. With only those two deductions maintained, passage of a modified flat tax will be difficult, but without them, probably impossible.
In my judgment, an indispensable prerequisite to enactment of a modified flat tax is revenue neutrality. Professor Hall advised that the revenue neutrality of the Hall-Rabushka proposal, which uses a 19- percent rate, is based on a well-documented model founded on reliable governmental statistics. My legislation raises that rate from 19 percent to 20 percent to accommodate retaining limited home mortgage interest and charitable deductions.
This proposal taxes business revenues fully at their source so that there is no personal taxation on interest, dividends, capital gains, gifts or estates. Restructured in this way, the Tax Code can become a powerful incentive for savings and investment--which translates into economic growth and expansion, more and better jobs, and raising the standard of living for all Americans.
The key advantages of this flat tax plan are threefold: First, it will dramatically simplify the payment of taxes. Second, it will remove much of the IRS regulatory morass now imposed on individual and corporate taxpayers and allow those taxpayers to devote more of their energies to productive pursuits. Third, since it is a plan which rewards savings and investment, the flat tax will spur economic growth in all sectors of the economy as more money flows into investments and savings accounts.
Professors Hall and Rabushka have projected that within 7 years of enactment, this type of a flat tax would produce a 6-percent increase in output from increased total work in the U.S. economy and increased capital formation. The economic growth would mean a $7,500 increase in the personal income of all Americans. No one likes to pay taxes. But Americans will be much more willing to pay their taxes under a system that they believe is fair, a system that they can understand, and a system that they recognize promotes rather than prevents growth and prosperity. My flat tax legislation will afford Americans such a tax system.
I ask unanimous consent that the bill, be printed in the Record.
Mr. President, I come to the floor to talk about one of the things that is so important. Obviously, items connected with terrorism, the war in Iraq have to be dealt with. We have to deal with…
Mr. President, I come to the floor to talk about one of the things that is so important. Obviously, items connected with terrorism, the war in Iraq have to be dealt with. We have to deal with heightened homeland security and related issues. Health care is an area we need to talk about. Prescription drugs is in the process of this.
One issue that is particularly important is an energy policy. I don't think there has ever been a time when it has been more apparent and more important to deal with energy policy. We have an economy, prices with gas and energy that are high. We have uncertainty, certainly, in the Middle East. We have had a Venezuelan problem. We had a very cold winter. We cannot seem to come together to put together a policy that will allow us to move forward, an aggressive energy policy. I would like to talk briefly about a component of that which I think is very important, and that is an electric component.
I rise today to introduce the Electric Transmission Reliability and Enhancement Act of 2003. It is my intention to build on a changing wholesale, competitive, open access market and to suggest that we build that into a policy. Things have changed in the way energy is generated, the way energy is transmitted, the way energy is sold. We need to change our policy, as well.
Very simply, what we have is: In years past, there was a generator that generated for their own distribution area. That was pretty simple. Prices were controlled. It was a simple technique. Now we have more and more merchant generators, people who do not have a constituency or distribution system of their own but they sell into the marketplace. This is good. There is competition. And we will see more and more of that. But to do that, we have to update our laws and we have to update the regulations that go with that. My legislation would extend and improve open nondiscriminatory access policies. Access to transmission would remove antiquated Federal barriers that stand in the way of competitive wholesale markets. Wholesale markets that are competitive are new. We have to change to meet those needs. We have to encourage increased investments in our transmission system and establish reliability standards.
We saw what happened in California 2 years ago. If there is no reliability, we cannot depend upon getting that energy to people's homes, to businesses, and then we have a very difficult situation.
Particularly what has changed now is it is interstate. For years we grew up with the fact that in your State the State controlled both the generation and the distribution, and that worked well. Now we go across interstate lines and there needs to be something different.
Legislatively we have to pare down our wish list so we get to the bare essentials and keep those things that are necessary.
It seems clear, if we are going to have a truly wholesale market, we need to ensure that all the industry participants play by the same rules. Only Congress can give FERC, the Federal Energy Regulatory Commission, the tools it needs to ensure that all participants get treated fairly in a competitive marketplace. Under the Federal law, currently FERC has no jurisdiction or authority over transmission owned by public power agencies, municipals, cooperatives, yet they want to participate and need to participate and should participate. Many of them--most--are willing to participate.
These nonregulated utilities represent 52 percent of the total, so we do not want to move forward with FERC's so-called market plan. I think it goes too far getting into the authority of the States. But there are some changes that need to be made, and we would like to do that.
We also need to protect those cooperatives. I grew up in a area of cooperatives and spent much of my life working with cooperatives. So we have given that break. Those that sell less than 4 million megawatt hours per year are entirely exempt. We think that is as it should be.
We would repeal the Public Utility Holding Company Act, PUHCA, because it needs to be restructured and the deployment of capital in this industry needs to go where it is desperately needed. We need to do that. There is ample regulation over those investments now in the existing business. We want to make it easier for people to be able to invest, produce competitively, and go into the marketplace.
The Department of Justice, Federal Trade Commission, and the State commissions would still be able to monitor rates and prevent cross- subsidies. So my legislation would prospectively eliminate mandatory purchase and sales obligations of PURPA, one that was put in a very long time ago. Despite the State administering it, it causes favoritism to many utilities and changes things.
Over the years the grid has been protected through voluntary standards and that is exactly right. But what we are now faced with is to have RTOs, regional transportation organizations, where they can make those decisions within the RTO. There would be a Western one, a Midwestern one, a New England one, and so on. But then connecting with those will be an interstate, like an interstate highway. That has to, of course, be organized and controlled by a national group because it serves all these different ones.
So what we need is to modernize our system so we can accommodate things that have changed. Reliability organizations must be run by market participants and be overseen by FERC. Reliability organizations must be made up of representatives of everyone who is affected: residential, commercial, industrial. That can be done, and this provides an opportunity to do that.
During our discussions last year, we were made to address some of the more egregious behavior and found a great deal of issues that needed to be dealt with--market manipulation, those kinds of things. This is very complex. I believe we can address these issues with regulatory agencies, things that truly can exist.
So my legislation would provide a greater price in the transmission of availability of information and outlaw the practice of roundtrip trading. In the past we found some trading where they went around, got it back, made a profit on the sale, and served no one.
We prohibit the reporting of false information for the purpose of manipulating price indices. Again, we go back a little bit to the California situation, where there obviously is a great need to do some opening up so there is visibility of what is happening. That is what we are seeking to do. It would increase civil and criminal penalties for the violation of the Federal Power Act and would accelerate the effective dates of refunds and so on.
In the end, it is about consumers, it is about serving consumers, it is about competition, it is about reliability, it is about keeping the lights on--the part of energy that probably affects more people and more businesses than any other. It is my hope that the Electric Transmission Reliability Enhancement Act of 2003 will produce a more reliable, efficient transmission system, a more dependable and more affordable product for the end user, and perhaps more than anything else, bring our system and our oversight into the modern time of electric generation and transmission.
Things change. We need to change. Now is the time. We will have an energy bill. It needs to have an energy component.
Mr. President, any comprehensive energy bill must contain an electric component. That is why, today, I rise to introduce the ``Electric Transmission and Reliability Enhancement Act of 2003.'' It is my intention to build on the competitive wholesale open access policies adopted by the Congress in the 1992 Energy Policy Act. My legislation would extend and improve these open, non-discriminatory access policies; remove antiquated federal statutory barriers that stand in the way of competitive wholesale markets; encourage increased investment in our transmission system and establish enforceable reliability standards to help ensure the continued reliability of the interstate transmission system.
The state of the industry is far weaker financially than it has been in years. Billions of dollars of shareholder value has evaporated. Access to capital is becoming an important issue for large segments of the industry that are fighting for survival. In addition, the Federal Energy Regulatory Commission, FERC, policy regarding wholesale markets seems to be in a state of constant change. The Standard Market Design, SMD, Notice of Proposed Rulemaking, NOPR, has divided regulators and industry participants in a way that may be unprecedented, threatening more years of rulemakings, litigation and regulatory uncertainty.
If we are to legislate successfully, we will have to par down our wish list to the bare essentials, plus those issues necessary for the electric industry to attract the capital it needs to keep our lights on. Last year, the Enron fallout dominated the debate. By being on the defensive most of last year, it was not possible to successfully advance those issues most important to consumers and the industry that serves them.
It seems clear that if truly competitive wholesale markets are to exist, there is a need to ensure that all industry participants play by the same rules. While FERC has tried to ensure this, the Commission's tools are limited. Only Congress can give FERC the tools it needs to ensure that all industry participants in competitive wholesale markets play by the same rules.
The Wyoming State commissioners wrote that ``under present Federal law the FERC has no jurisdiction or authority over transmission facilities owned by public power agencies, municipalities and cooperatives. In the West these types of entities own a substantial portion, perhaps as much as half of the interstate electric transmission system.'' As a matter of fact, in the Western Electric Coordinating Council, an area that encompasses all or part of 11 Western States and parts of Canada, non-FERC jurisdictional facilities account for 52 percent of transmission miles.
The Wyoming commissioners claim that, ``without the full participation of all of those who own transmission in the West, the FERC's wholesale market initiative will fail to provide the full spectrum of benefits Congress expected when it created wholesale electricity markets. System optimization requires that bulk power be able to move freely throughout the interconnected system without regard to who owns the facilities over which the power travels. Removing the institutional impediments to the free movement of bulk power is also requisite to identifying the physical constraints that exist in the western system. Proper planning for the relief of such constraints depends on properly identifying and quantifying them, absent other economic and institutional constraints.''
They go on to say that such a vision for the future of wholesale power markets makes a compelling case for the inclusion of all facilities which can be used to move bulk power across the West, regardless of ownership. Anything less than 100 percent participation by transmission owning entities will simply perpetuate some level of inefficiency in the system and will continue to afford those who do not participate the ability to favor their own generation resources.
My legislation would permit FERC to require certain nonregulated utilities to offer transmission serviced at comparable rates to those they charge themselves, and on terms and conditions comparable to those applicable to jurisdictional public utilities. Currently nonregulated transmitting utilities would not be subject to the full panoply of FERC regulation under this provision. Instead, a ``light handed'' form of regulation would apply and small nonregulated entities, such as those that sell less than 4,000,000 MW/h per year, would be entirely exempt from these nondiscrimination requirements.
It also seems clear that the Public Utility Holding Company Act PUHCA, is hindering necessary restructuring of the industry and the deployment of capital into an industry that desperately needs it. Investors are deterred simply because they do not want to deal with the PUHCA rules and restrictions. If repealed, utility securities will continue to be regulated by the Securities and Exchange Commission, SEC, FERC and most state commissions. Mergers and acquisitions of jurisdictional assets would still require FERC and state commission approval and review by Department of Justice, DOJ, and the Federal Trade Commission, FTC. FERC and State commissions would still be able to monitor rates and prevent cross-subsidies.
Despite State progress in administering the Public Utility Regulatory Policies Act of 1978, PURPA, more in-tune with markets, it is clear that PURPA continues to provide special privileges to certain favored generators at the expense of utilities and their customers. Like PUHCA, PURPA is no longer needed in today's competitive wholesale markets. My legislation prospectively eliminates the mandatory purchase and sell obligations of PURPA.
Over the years the grid has been well protected through voluntary standards established by the North American Electric Reliability Council, NERC, NERC's voluntary reliability standards--which are not enforceable--have generally been complied with by the electric power industry. But with the opening of the wholesale power market to competition, our transmission grid is being used in ways for which it was not designed. New system strains are also being created by the breakup of vertically integrated utilities and by the emergence of new market structures and participants. The results of these changes have been an increase in the number and severity of violations of NERC's voluntary rules.
My legislation converts the existing NERC voluntary reliability system into a mandatory reliability system. A nation-wide organization would have the authority to establish and enforce reliability standards, and take into account regional differences. The new reliability organization will be run by market participants, and will be overseen by the FERC in the U.S. The reliability organization will be made up of representatives of everyone who is affected--residential, commercial and industrial consumers; state public utility commissions; independent power producers; electric utilities and others. There is no question that we need a new system to safeguard the integrity of our electric grid. My legislation would do this, using language that was effectively agreed upon last fall by House and Senate conferees for the energy bill.
During discussions last year, efforts were made to address some of the more egregious behavior and attempted market manipulation through legislation. While this area is obviously very complex, I believe that we need to address this issue if regulatory gaps truly do exist. I realize my attempt might not be perfect, but I wanted to intimate discussion on this very important topic if, in fact, regulatory agencies do need additional authority to police and monitor the industry.
My legislation will provide greater price and transmission availability information, outlaw the practice of round trip trading and prohibit reporting of false information for the purpose of manipulating price indices. In addition, I've included authority the FERC has requested and that would increase civil and criminal penalties for violation of the Federal Power Act and accelerate the refund effective date to the date of filing of a complaint.
In the end it's about the consumer. It is my hope and vision that the ``Electric Transmission and Reliability and Enhancement Act of 2003'' I am introducing today will produce a more reliable and efficient transmission system and that these improvements will result in a more dependable and affordable product for the end user. This legislation is the best solution to move forward with a better product for all classes of consumers and the industry as a whole.
I ask unanimous consent that the text of the bill be printed in the Record.
Madam President, I rise today to introduce legislation that will provide State and local governments the flexibility they need for preparedness activities associated with the planning, procurement…
Madam President, I rise today to introduce legislation that will provide State and local governments the flexibility they need for preparedness activities associated with the planning, procurement and training for homeland security and counter terrorism activities.
Quite simply, this legislation would permit State and local governments to use up to twenty percent of any funds provided for the procurement of new equipment to train first responders in the use of that equipment and secondly, allow State level Emergency Management personnel to conduct activities such as FEMA related strategic planning on behalf of smaller communities that may not otherwise have the resources to adequately perform that planning.
I became acutely aware of this need when I visited the Maine Emergency Management Agency and learned that, although they had been provided the funds to purchase new chemical and biological protection equipment, they had not received any funds to train personnel to use that equipment.
As we are all aware, homeland security needs at the State level vary widely. From State to State, there are varying degrees of risk, varying percentages of full-time versus volunteer responders, and different areas of strengths and weaknesses in the responder community. Any successful Federal program that seeks to improve response capability must therefore have flexible rules for implementation.
For example, in fiscal years 2000 through 2002, FEMA funded states for terrorism preparedness activities. The State of Maine received $246,000 annually for these activities and the funds were administered through the Emergency Management Performance Grant. Those funds were based on a strategic plan submitted by each State that outlined its most urgent needs, and the steps to be taken to meet those needs. If planning was the need, the State could put an emphasis on planning. If training or exercise was the need, they could stress that.
While there was no set quota for how much money had to go to local communities, States were required to track performance measures that showed how local communities were benefitting because in rural States such as Maine, it is often more efficient and cost-effective for States to sponsor programs for the benefit of local officials, rather than providing funds to communities that may not have the organizational infrastructure to plan and execute programs.
States were given wide authority to reimburse communities for time and equipment costs, purchase training materials, and contract for services--whatever was necessary to accomplish the ultimate goal of improved preparedness for responders. These dollars could also support basic emergency management activities, such as incident command training, emergency planning or exercise design, which supported the communities' overall all-hazard preparedness as well as their capability to react to a terrorist incident.
By contrast, let's go back and look at FEMA's FY2002 Supplemental Budget and the Office of Domestic Preparedness' funding for emergency response equipment for it was during this cycle that the previous flexibility began to be restricted. First, while the FEMA FY2002 Supplemental Budget supported emergency operations planning, Citizen Corps, Community Emergency Response Teams, CERT, and emergency operations center assessment and improvement, 75 percent of the funding for planning and for Citizen Corps and CERT efforts was required to be passed through to local communities, even if the capacity to administer those funds was generally lacking and the communities would have been better served by programs brought to them by the state.
In addition, planning dollars could not be spent on exercises to test plans, or training to support those plans. Funds for Citizen Corps and CERT programs, which are voluntary efforts, could not be used for any other preparedness purpose, even if no communities came forward desiring to participate in those programs. It is likely that Maine will return a portion of these funds because the local need for them does not exist. Furthermore, emergency operations center assessment funds could only be spent on assessment, even if a current assessment of facilities was in place.
The Office of Domestic Preparedness' funding for the procurement of equipment has been equally restrictive. The lion's share is of course for equipment, and only equipment that provides protection, detection, decontamination and communications could be procured.
Beyond the fact that it took two rounds of funding to build a critical mass of resources such that equipment purchases could begin in earnest, much of this equipment is highly technical in nature, and requires extensive training to operate safely and properly. However, of the funds provided for that equipment, none could be used for training. While there were some exercise funds, they were specifically targeted to weapons of mass destruction. With the FY2003 allocation, some funding has been allocated for training, which is a positive step but, again, it comes with very strict limits and dollars allocated for exercise cannot be used for training, or vice versa.
In the emergency management world, planning comes first, then training, then exercise.
If you need a plan, you can't substitute an exercise and get the same result. If you need an exercise, you can't substitute training. Even within the training and exercise grants, there are restrictions that make it extremely difficult for full-time departments, for example, to free up employee time to take needed training or participate in exercises. And with the focus on homeland security, the need for flexibility to improve basic response capability has also been overlooked. In communities that do not have the resources to create special response forces for every hazard--and that includes all towns in Maine--it is imperative to be able to build a base of planning and training for all hazards, on which one can build the capability to respond to a terrorist incident.
Our strategy in Maine has been to build a regional response capability. In some areas we could build that capability around existing response capacity, and in others we have had to build capability from the ground up.
For example, the Portland and South Portland fire departments have formed a regional response team and are undertaking training required to stand up a fully qualified hazardous materials response team. This entails 80 hours of training for each individual. But, I'm told the City of Portland is in the process of cutting 20 fire positions and some police officers because of budget constraints at the local level, as they are facing additional security requirements around the city. This makes it very difficult to free up responders for the required training, especially as there are no budget dollars for overtime, and no Federal grant currently
available will reimburse training costs to include overtime.
In other parts of the State, private paper companies have stepped up and volunteered their already-trained hazardous materials teams to respond off site. During the anthrax scare in the fall of 2001, these teams responded to any and all ``suspicious package'' calls, at a cost of $2,000 per hour to field a team of 22 people.
These companies have responded out of patriotism and a sense of civic responsibility, and despite challenging economic times in the paper industry. These teams are now faced with maintaining the full ``level A'' capability and further facing more than 20 hours of additional training to be fully WMD compliant. No grant monies currently available allow reimbursement for their response or for their training time.
In Maine, we have by necessity been flexible in our approach to each region, looking at the different needs in planning, training, exercise and equipment procurement. However, it is becoming increasingly difficult to practice flexibility when the Federal programs that provide the resources to build capability are becoming more and more rigid.
The events of September 11, 2001 and the subsequent anthrax attacks have brought our Nation to heightened level of awareness. Nowhere is this more evident than in Maine's hospitals, upon which we rely to respond quickly and effectively in the event of any disaster affecting our residents' health.
While hospitals have always had disaster plans in place, recent events have dramatically changed the definition of ``disaster''. Since September 11, 2001, hospitals have stepped up their readiness efforts to be better prepared in responding not only to conventional disasters, but also to the more concrete threat of previously unimaginable terrorist attacks using chemical, biological or radiologic agents that could lead to large-scale emergencies with mass casualties.
Hospitals have to change their mind-set on established norms and standard ways of operating to embrace a broader spectrum of roles and responsibilities. The relationship between traditional first responders and the non-traditional role of hospitals in community-wide first response overall is moving closer, emphasizing the need for collaboration and compatibility.
No one doubts that in the event of a weapons of mass destruction event, hospitals are likely to see large numbers of potentially contaminated patients seeking treatment. The reality is that hospital emergency department staff and hospital providers in general are truly the new ``first responders.'' Hospitals are critical elements of the community response system and if they are not prepared and protected, there will be serious gaps in the system that could cause it to break down completely.
One of the largest barriers to optimal emergency preparedness is staff education and training. To date, hospitals have had to absorb all these costs, as the limited funding assistance available to hospitals has not been permitted to be spent on education and training. The full costs of providing training is daunting, particularly in these lean economic times of declining reimbursement to hospitals.
The costs of the courses and/or instructors' fees pale in comparison to the staff time that must be paid to attend any given course. Staff time must essentially be paid twice--first to pay the staff person's on-duty time to attend the course or drill, and once again to pay another staff person's time to replace the worker being trained. The cost of staff time is significant, and even finding staff to replace the one attending training is especially costly due to the nursing shortage in hospitals. Consider the following facts: The vacancy rate for hospital staff nurses in Maine has been 8-9 percent. The average hourly rate for registered nurses in Maine is $21.67, and rising. Any staff training must be done on a large scale so that trained staff are available 24 hours a day, 7 days a week.
As just one example of training needed, Maine recognizes that hospitals need to be prepared to manage contaminated patients who come to their facility. The Maine Emergency Management Agency is working to provide hospitals with the necessary equipment, but the training necessary to competently use that equipment is extensive and currently underfunded.
According to Federal Occupational Safety and Health Administration regulations, staff must be trained to the hazardous material ``operations'' level in order to safely use the equipment. Meeting Federal Government standards for that level of training requires at least two full days of initial training, with refresher courses required annually. Conservatively speaking, if 35 Maine hospitals train 25 nurses to that level, the approximate cost of nursing staff time alone for the initial course would be $606,760. And remember, because six to eight staff members are required to man the decontamination line, the nursing costs are just the beginning.
The same staffing costs apply to sending staff to local and regional emergency drills and training sessions--which are absolutely critical components of Maine's disaster readiness. It is simply not possible for hospitals to absorb all of these costs, given the declining reimbursements. Hospital operating margins in Maine declined from an average of 2.3 percent in 2001 to 1.7 percent in 2002 and about one third of all Maine hospitals experienced zero or negative operating margins in 2002.
Yet, our hospitals continue their efforts to provide the best possible patient care while simultaneously increasing their level of emergency preparedness. Federal assistance with training funding would provide excellent support for hospitals, as they work to respond to any crisis and protect their staff so they can perform the critical functions of caring for the citizens of Maine in any crisis.
These are but a few examples of the burdens being experienced by State, local and private industry responders as they struggle to prepare themselves and the citizenry to prevent and respond to terrorist attacks and other crises. This legislation will provide some of the flexibility emergency management personnel require to be truly prepared. I urge my colleagues to support this much needed legislation.
Mr. President, I rise today in support of The Unemployment Benefits Extension Act of which I am a proud cosponsor. The purpose of this bill is to extend the Temporary Extended Unemployment…
Mr. President, I rise today in support of The Unemployment Benefits Extension Act of which I am a proud cosponsor. The purpose of this bill is to extend the Temporary Extended Unemployment Compensation, TEUC, program, for an additional 6 months through the end of November. Currently, extended umeployment insurance benefits are scheduled to expire at the end of May. Beginning June first, individuals whose regular unemployment benefits expire will no longer be eligible for extended benefits.
Extending the existing unemployment insurance benefits program for an additional 6 months is estimated to provide assistance to between 2 to 2.5 million working Americans who have lost their jobs through no fault of their own. This legislation also provides an additional 13 weeks of benefits to unemployed workers who have already exhausted their extended benefits prior to enactment and remain unable to find work. The bill also provides tempory Federal funding, through July 2004, for States to implement alternative base periods, which could a worker's most recent wages when determining eligibility, and to allow displaced part-income workers to seek part-time employment while receiving unemployment insurance workers. Improving the unemployment insurance system for part-time workers is important. A recent op-ed in the Baltimore Sun makes the point that:
The old rationale for excluding part-time workers from
unemployment insurance eligibility was that part-time workers
were not working to support their families. But this is not
true today.
I am convinced that we are going to still be in very difficult shape when the current extension of unemployment insurance benefits expires at the end of May. There is little chance that the labor market will significantly improve for unemployed workers between now and then. There is growing evidence that the labor market is still in fact deteriorating. The Federal Open Markets Committee's most recent statement on interest rates concluded that, ``recent labor market indicators have proven disappointing.''
That is an understatement. Last month the economy lost 108,000 jobs in addition to losing 357,000 jobs in February. There are 1.8 million workers who have been out of work for more than 26 weeks and are looking for work but cannot find a job. The unemployment rate at 5.8 percent is higher today than when extended benefits were first enacted in March, 2002. Over 3.48 million Americans are currently drawing unemployment benefits. We have lost 2.6 million private sector jobs since President Bush took office. No President in over 50 years has failed to create jobs during a 4-year term in office, let alone lose jobs during an administration. But it would take private sector job creation of over 100,000 per month, every month, for the next 2 years, in order for the economy to dig out of the jobs deficit created during this administration.
Yet instead of abandoning the economic policies which have failed, the administration continues to pursue the same fundamental policy-- large tax cuts which primarily benefit the wealthiest Americans. The administration, whose budget contained nothing to further extend the unemployment benefits program, remains out of touch with today's economic realities. Over 8.5 million Americans are unemployed and looking for work but cannot find a job because there are no jobs to be had. In situations like this the Congress has always provided extended unemployment benefits. In the last recession these benefits were provided for 29 months. During the recession before that, they lasted for 33 months. In both of those recessions extended benefits were discontinued only after a pronounced strengthening in the labor market.
Today these benefits are set to expire after only 15 months, well before the labor market has improved. If this happens it will mark not only a departure from prudent fiscal policy that has been implemented in a bipartisan fashion in the past but will also harm economic growth and hurt millions of Americans. Extended unemployment insurance benefits, already enacted by the Congress, have assisted 4.7 million workers and provided $12 billion of stimulus into the economy. Federal Reserve Chairman Greenspan has testified that, ``extended unemployment insurance provided a timely boost to disposable income.''
This legislation also allows for all Americans who qualify to receive an additional 13 weeks of benefits. This would include the 1 million workers who have already exhausted their extended benefits. These workers need help. They want to find work but cannot find a job because there are simply no jobs to be had.
I know that some of my colleagues oppose providing extended benefits for more than 13 weeks to anyone. I have a differing viewpoint. I point out that at this stage of the last recession, a minimum of 20 weeks of additional Federal benefits were provided for all Americans in every State. In the previous recession and jobless recovery extended unemployment insurance benefits lasted for 29 months and for much of that time provided benefits for 26 to 33 weeks. In this recession and jobless recovery, benefits are scheduled to expire only after 15 months and have provided only 13 weeks of extended benefits to the vast majority of Americans.
Under normal circumstances with a growing labor market there is a case to be made that providing too long of a duration of unemployment insurance benefits would be harmful. However, in times when the labor market is weak and the job base is shrinking, the situation is very different. Even Fed Chairman Greenspan acknowledged this in testimony before the Joint Economic Committee, stating: ``in periods like this [a shrinking labor market], that the economic restraints on the unemployment insurance system almost surely ought to be eased.'' Unfortunately, many are forecasting continued weaknesses in the labor market.
Today's Washington Post reports that the International Monetary Fund is forecasting economic growth of only 2.2 percent for the United States in 2003, which the IMF's chief economist, Kenneth Rogoff noted is ``not yet enough to make a meaningful dent in unemployment.'' The article goes on to state that: ``the jobless rate stood last month at 5.8 percent, and the IMF projected that it will average 6.2 percent this year.'' Considering the weak labor market that we face today and the troubling forecasts for the remainder of the year, it appears to me that we most certainly are in such a period as described by Chairman Greenspan and that the restraints on the unemployment insurance system ought to be eased. This legislation accomplishes this goal in a fiscally responsible manner with an estimated cost of $16 billion, which is below the unemployment insurance trust funds current surplus of $20 billion.
Last year this issue was not properly dealt with, and as a result millions of Americans suffered through the holiday season believing that their benefits were going to expire. Yet when Congress reconvened, extended benefits were retroactively restored, 11 days after they had expired. Let's not put these people through this again. I urge my colleagues to support this legislation and to work expeditiously and prudently to enact it before the current program expires, less than 8 weeks from today.
Mr. President, today I am introducing legislation, together with Senator Mikulski, to recognize the Dr. Samuel D. Harris National Museum of Dentistry, in Baltimore, as the official national museum of dentistry in the United States.
The principal purpose of this legislation is to help educate the public about the critical importance of oral health to the overall health of all Americans. Three years ago, United States Surgeon General David Satcher issued a comprehensive report entitled ``Oral Health in America,'' which identified the problem of dental and oral disease as a ``silent epidemic'' facing the country. The report found that tooth decay is the most common chronic childhood disease, which often interferes with vital functions such as eating, swallowing, and speech. Children around the country miss an estimated 51 million hours of school each year due to dental illness. Despite Federal law mandating that children eligible for Medicaid be given access to dental services, fewer than one in five of these children actually receive dental care. In addition, close to one in four Americans between the ages of 65 and 74 were found to suffer from periodontal disease, and over 8,000 men and women die from oral and pharyngeal cancers each year.
The report called for the development of a National Oral Health Plan, and recommended that actions be taken to ``change perceptions regarding oral health and disease so that oral health becomes an accepted component of general health.'' By designating an official national museum and learning center dedicated to dentistry, this legislation takes an important step toward the achievement of this goal.
The Dr. Samuel D. Harris National museum of Dentistry is the largest and most comprehensive museum of dentistry in this country, and, indeed, the world. An affiliate of the Smithsonian Institution, the Museum sits on the grounds of the Baltimore College of Dental Surgery, founded in 1840 as the world's first dental college. Many of the museum's permanent exhibits come directly from the College's vast historical collections. Housed in a building that served as the University of Maryland Dental Department from 1904 to 1929, the Museum is located directly adjacent to historic Davidge Hall, the Western Hemisphere's oldest medical building in continuous use.
In 1992, a retired pediatric dentist, Dr. Samuel D. Harris of Detroit, contributed $1 million of his personal funds toward the development of the Museum. He has since made further considerable gifts to the Museum's endowment, reaffirming his belief that education is the hallmark of preventive oral care. The Museum's name honors both his generosity and his mission.
With over 7,000 square feet of exhibit space, the Museum showcases the people, objects, and events that created and defined the dental profession, including one of George Washington's famed ivory dentures. The Museum's vast archives also act as an important resource for research and serious academic study of dentistry's past, with a unique collection of historical dental journals and other one-of-a-kind documents. Included in these collections are the first known dental degree and dental license.
While its informative presentation of dentistry's history constitutes an important part of the Museum's exhibitions, its mission extends much further, with the ultimate goal of educating the public about the critical importance of oral health. The Museum's interactive exhibits make it particularly effective in this regard, and over 26,000 students have benefited from the Museum's vigorous educational programs since its opening in 1996.
By designating the Samuel D. Harris National Museum of Dentistry as the official national museum of dentistry, we will not only recognize the critical role that dentists and oral health professionals have played in the history of our Nation's health care system, but enhance awareness and understanding of the importance of dentistry to public health.
The Samuel D. Harris National Museum of Dentistry has been endorsed by the American Dental Association, the American Association of Dental Schools, Oral Health America, the Pierre Fauchard Academy, the American College of Dentists, the International College of Dentists, and the American Academy of the History of Dentistry. I ask unanimous consent that the text of a letter from the American Dental Association in support of this legislation be printed in the Record.
I urge my colleagues to support this legislation.
Mr. President, article I, section 8, clauses 12 and 13 are the source of Congress' power regarding the Army and the Navy. Interestingly, while clause 12 of the Constitution gives Congress the power…
Mr. President, article I, section 8, clauses 12 and 13 are the source of Congress' power regarding the Army and the Navy. Interestingly, while clause 12 of the Constitution gives Congress the power to raise and support armies, clause 13 requires Congress to provide and maintain a navy. Thus, while we have discretionary authority with regard to the establishment of an army, the Constitution presumes that we will always have and maintain a navy.
Despite this constitutional duty, our current surface fleet is smaller than our fleet in 1917, the year before we entered World War I. What is worse, the future looks even more bleak. At current build rates, we will sink below a 200 ship navy. In fact, we are building ships at rates unseen since 1932--the height of the great depression.
I submit that this policy is unsustainable. The U.S. Navy is not only a great pillar of American military might, it is an important tool in our diplomacy. American ships conduct about 175 international exercises every year. Yet, in recent years we have had to scale back participation, and in some cases, cancel exercises because the ships were simply not available. These joint exercises improve our ability to coordinate activity with our allies. They allow us to instill American notions of professionalism and service into the navies all around the world, and they give us important intelligence on emerging naval capabilities.
Additionally, the Navy serves as a powerful deterrent in situations short of war. How many situations have we used our Navy as a symbol of American resolve. The firepower and strength represented by a carrier battle group has been important in the Taiwan Straights, in the Sea of Japan and in the Persian Gulf. There is no reason to believe that it will become any less so in future years.
The Quadrennial Defense Review puts the requirements for the number of ships in the Navy at 360. Naval strategists warn that we are already proportioning risk. In other words, we are already deciding what seas we will leave underprotected, so as to ensure that we will have enough ships to cover flash points.
The legislation I am offering today is a simple statement of policy. It states that it is the policy of the United States to return to a Navy of at least 375 ships. This should include 15 carrier battle groups and 15 amphibious ready groups. Yet, even this number is a dramatic decrease from our high point of a 600 ship navy. However, it is an achievable goal, if Congress begins to appropriate resources to the Navy shipbuilding account at reasonable levels.
The bill is based on another policy statement we adopted into law in 1999--the National Missile Defense Act. That law provided guidance to our authorization and appropriations process. It also provide guidance to the President's budget. It has been successful in ensuring that the last two administrations have budgeted sufficient resources to keep our national missile defense program on track. This statement of policy is more important still. It is not a statement about a future technology, it is a statement about a military capability that this country dare not abandon.
I trust that the Senate shares my commitment to the future of our fleet. While it may come at real expense, I know my colleagues share the view that it is an expense worth making. I look forward to working with my colleagues to ensure that this bill is adopted.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, the Renewal Community Program has been a tremendous success in promoting economic growth in my home State of Louisiana. It has boosted local economies and cut unemployment in areas that need it most. The Department of Housing and Urban Development designated 40 urban and rural areas around the country as renewal communities, under the Community Renewal Tax Relief Act of 2000.
Renewal communities can take advantage of wage tax credits, tax deductions, capital gains tax exclusions, and bond financing to stimulate job growth, promote economic development, and create affordable housing. This assistance goes to areas with poverty rates of at least 20 percent, and unemployment rates that are one-and-a-half times the national level. Households in renewal communities have incomes that are 80 percent below the median income of households in their local jurisdictions.
One of the most beneficial business incentives under the program is the wage tax credit an employer can receive for hiring and retaining residents of renewal communities. Businesses can receive up to a $1,500 Federal tax credit for every newly hired or existing employee who lives and works in the Renewal Community.
Louisiana has four renewal communities. One is in New Orleans and the remaining three cover a large portion of the Central and Northern parts of the State. These three renewal communities have common borders. This is a tremendous benefit for Louisiana, but it also creates some problems. Under the rules of the program a business in one renewal community cannot receive the wage tax credit if they hire someone who lives outside that renewal community, even if that person lives in the renewal community right next door.
A good example of what I am talking about is in the northern part of the State. The Ouachita Renewal Community which covers the City of Monroe in Ouachita Parish is surrounded by a number of parishes that fall into the North Louisiana Renewal Community--Morehouse Parish to the north, Richland Parish to the east, Caldwell Parish to the south, and Lincoln Parish to the west. The borders of these two renewal communities are literally two or three miles apart. Monroe is the economic hub of that part of my State. People from Morehouse, Caldwell, and Richland Parishes will naturally look for work there. But under current law, a company in Monroe cannot get a wage tax credit for hiring someone who lives in the renewal community right next door.
The situation in Louisiana is fairly unique. I am not certain whether Congress really anticipated that one State would receive more than one renewal community designation or that those renewal communities would be so close together. I certainly understand the desire to promote economic development in specific areas. That can work if renewal communities are far apart. But when they are so close together as they are around Ouachita Parish, or a little further south in the middle of my State, where the Central Louisiana Renewal Community borders the North Louisiana Renewal Community, then we need to make the program more flexible. A person living in Franklin Parish near the border with Catahoula Parish does not necessarily know that both parishes lie in two different renewal communities. If the closest job is in Catahoula Parish, that is where a Franklin Parish resident is going to go. The problem is that a business in Catahoula Parish would not receive the tax break for hiring the worker from Franklin Parish--only a few miles away.
We need to add some common sense flexibility to the Renewal Community program. Today I am introducing legislation that will allow the employers in one renewal community to hire employees from an adjacent or nearby renewal community and still receive the wage tax credits granted under the Act. This legislation essentially treats renewal communities that are within five miles of each other as one. This bill will make a small change in the Renewal Community program, but it will make a big difference to the people of my state.
This legislation will make a very important program more successful for Louisiana and other states like it. I urge my colleagues to support this bill. I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, we are living in difficult economic times. Too many people are out of work and the economy is not growing enough to put them back to work permanently. The March unemployment rate was 5.8 percent and it has been holding around this mark for about a year. More bad news came just last week when the number of jobless claims soared to 445,000 for the week ending March 29. That is the highest number of weekly claims for unemployment benefits in almost a year.
While unemployment has been rising, other economic indicators are dropping. New orders for manufactured goods in February decreased $4.9 billion or 1.5 percent; shipments also fell 1.5 percent, the largest decrease since February of last year.
These cold, hard numbers cannot measure the unease and uncertainty many Americans feel today. The Conference Board Consumer Confidence Index fell 2 more points in March after a 3 point drop in February. When your neighbor is out of work and cannot find a job, you worry that you might be next. So you hold off on buying that new washing machine, the new car you need to get to work, or you put that dream vacation on hold. Americans have experienced losses in their pensions and 401(k) plans. When you combine all of this with the uncertainty surrounding the war against terrorism and the war with Iraq, you create a great drag on the economy.
I think all of my colleagues agree that the economy is not where we want it to be right now. We agree that it needs a booster shot. We have partisan disagreement over specifics and the size of the stimulus. But if we put aside our partisan differences, I believe we can come up with a bipartisan solution to help the economy in the short term.
We can accomplish this if we agree on a few, narrow principles for an economic stimulus plan. First, we should aim toward providing an immediate boost to the economy. We do not need tax cuts that will only begin to help several years downs the road. The economy needs help today. Second, the urgent need for the boost today means that the economic stimulus plan must be simple and easy to administer so that full effects can be felt right away. Third, I believe that a stimulus plan must be fiscally responsible. While the economy needs a boost today, that boost should not come at the expense of our ability to meet our needs tomorrow. And finally, the stimulus package must be equitable. It must be fair. It should touch all Americans, not just a select few.
Today, along with my colleague Senator Corzine, I am introducing one idea for economic stimulus that meets all of these principles. We propose that all working Americans receive tax relief equivalent to the amount of payroll taxes paid on the first $10,000 of earnings--a total of $765. The rebate would be made in two installments. The first would come within 2 months of passage of the bill and the second would come by December 1st of this year. Employers would also receive an equivalent tax credit for their employees.
This plan meets the principles I have outlined. It is a short-term plan that will put spending money in the hands of working Americans. It will be simple to administer--rebate checks were a part of the tax cut we passed in 2001. The plan is fiscally responsible: the rebate checks will be paid out of general revenues and not from the Social Security trust fund. Finally, this plan is fair. Every working American will benefit.
Mr. President, I hope the Congress will act quickly to revive our economy. Today, Senator Corzine and I are putting one idea forward. My colleagues have a variety of other ideas that they will put forward. The Senate should look at each and put together a final package that is simple, immediate, fair, and fiscally responsible.
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Mr. President, I rise today to introduce two pieces of legislation that will improve the lives of our Nation's fishermen who are struggling to make a living on the sea. Fishing is more than just a…
Mr. President, I rise today to introduce two pieces of legislation that will improve the lives of our Nation's fishermen who are struggling to make a living on the sea.
Fishing is more than just a profession in New England. Fishing is a culture and a way of life. This way of life is being threatened, however, by excessive regulation and unnecessary litigation. Despite scientific evidence of a rebound in fish stocks, New England's fishermen are suffering under ever more burdensome restrictions. Everyday, I hear from fishermen who struggle to support their families because they have been deprived of their right to make an honest living on the seas. The ``working waterfronts'' of our communities are in danger if disappearing, likely to be replaced by development. When that happens, a part of Maine's heritage is lost forever.
Today, I am introducing a package of amendments to the Magnuson- Stevens Act that will deliver a resource management strategy that is balanced, responsive, and sensible. It recognizes the fishermen's strong commitment to conserving the stocks, and acknowledges fishermen as partners in fisheries management.
The Fisheries Science and Management Improvement Act of 2003 will address much needed improvements in the science and regulatory standards of fisheries management. The Nation's fisheries management system, as it is currently designed, is broken. If anyone doubts this is the case, I want to point out that more than 100 lawsuits are currently pending against the Department of Commerce involving fisheries management plans.
Litigation is no way to manage one of our Nation's most important ecological and economic resources. The fact is, the courts are simply not well-suited to making biological and regulatory decisions. Fisheries management is best left to those who know the subject best: the fishermen, scientists, and regulators working together cooperatively.
No one in the country knows this better than New England groundfishermen. Over the last two years, a court case has thrown New England's groundfishing industry into a crisis. The case ended when a Federal judge ordered severe restrictions on groundfishing, including a 20-percent
cut in Days-at-Sea. The effect of this court order has been simply catastrophic for New England's groundfishing industry--an industry made up of small, independently-owned, and often family-owned, businesses.
These severe restrictions were ordered despite the fact that the science clearly demonstrates that the biomass for New England groundfish has increased every year since 1996. If the biomass is increasing, and the stock is clearly rebuilding, it makes no sense to enforce an arbitrarily structured and unscientifically based timeframe on the rebuilding process. This is especially true when the survival of a culture is at stake.
My legislation would inject consistency and common-sense standards into the fisheries management process: it addresses the importance of solid and reliable science in fisheries management. It strengthens the definition of ``best scientific information available'' and requires scientific data, including all stock assessments, to be peer-reviewed and to include the consideration of anecdotal information gathered from the people who know fishing best--the fishermen themselves. My bill ensures that the process of rebuilding stocks is based on rational and comprehensive science. Under current law, when fisheries are classified as overfished, the Councils are required to implement rebuilding plans to attain a historic high level of abundance within ten years, regardless of whether or not the current state of the marine environment can sustain such an abundance level. My bill redefines the concept of ``overfishing'' to take into consideration natural fluctuations in the marine environment. It also eliminates the ten-year rebuilding requirement--a requirement that has no foundation in science--and requires rebuilding periods to take into consideration the biology of the fish stock and the economic impact on fishing communities.
The legislation also addresses problems with the current conception of Essential Fish Habitat. Currently, the entire Exclusive Economic Zone has been defined as Essential Fish Habitat instead of more discrete units of habitat as originally conceived. Further, current law allows the Councils to regulate the impacts of fishing activity on Essential Fish Habitat, while the Councils cannot regulate other commercial activities--such as mining and coastal development and the laying of telecommunications cables--that affect these areas. My bill focuses the management of these areas on ``Habitat Areas of Particular Concern''--more discrete units of fish habitat that are more consistent with the congressional intent behind the Essential Fish Habitat concept.
My proposal treats the fishing industry as a legitimate interest in fisheries management by acknowledging the important role that commercial fishing plays in food security and healthy food consumption. My bill also ensures that the cumulative economic and social impacts of fisheries management decisions are considered, rather than assessed in isolation from one another.
Finally, the legislation would reduce the litigation burden on the fisheries management system. My proposal ensures that fishery management plans are pre-determined to be compliant with NEPA requirements, thereby preventing NEPA law from being used in an incorrect way to regulate fisheries. It would still require fishery management plans to meet all the other conservation provisions, including those governing rebuilding of overfished stocks, set out in the law. The Nation's Councils have asked for this protection from lawsuits so they may resume their proper role as a regulatory body.
I want to acknowledge the important role that my colleagues Senators Snowe and Kerry, Chair and Ranking Member of the Oceans and Fisheries Subcommittee, are playing in addressing the problems of Magnuson- Stevens. My hope is that my proposal will help propel a discussion in the upcoming months as their committee moves forward with their own ideas.
The second piece of legislation I am offering is the Commercial Fishermen Safety Act of 2003, a bill to help fishermen purchase the life-saving safety equipment they need to survive when disaster strikes. I am pleased to be joined by my good friend from Massachusetts, Senator Kerry, in introducing this legislation. Senator Kerry has been a leader in the effort to sustain our fisheries and to maintain the proud fishing tradition that exists in his state and throughout the country.
The release of the movie The Perfect Storm provided millions of Americans with a glimpse of the challenges and dangers associated with earning a living in the fishing industry. While based on a true story, the movie merely scratches the surface of what it is like to be a modern-day fisherman. Everyday, members of our fishing communities struggle to cope with the pressures of running a small business, complying with extensive regulations, and maintaining their vessels and equipment. Added to these challenges are the dangers associated with fishing, where disaster can strike in conditions that are far less extreme than those depicted by the movie.
Year-in and year-out, commercial fishing is among the nation's most dangerous occupations. According to data compiled by the Coast Guard and the Bureau of Labor Statistics, 536 fishermen have lost their lives at sea since 1994. In fact, with an annual fatality rate of about 150 deaths per 100,000 workers, fishing is 30 times more dangerous than the average occupation.
The year 2000 will always be remembered in Maine's fishing communities as a year marked by tragedy. All told, nine commercial fishermen lost their lives off the coast of Maine in the year 2000, exceeding the combined casualties of the three previous years.
Yet as tragic as the year was, it could have been worse. Heroic acts by the Coast Guard and other fishermen resulted in the rescue of 13 commercial fishermen off the coast of Maine in the year 2000. In most of these circumstances, these fishermen were returned to their families because they had access to safety equipment that made the difference between life and death.
Coast Guard regulations require all fishing vessels to carry safety equipment. The requirements vary depending on factors such as the size of the vessel, the temperature of the water, and the distance the vessel travels from shore to fish.
When an emergency arises, safety equipment is priceless. At all other times, the cost of purchasing or maintaining this equipment must compete with other expenses such as loan payments, fuel, wages, maintenance, and insurance. Meeting all of these obligations is made more difficult by a regulatory framework that uses measures such as trip limits, days at sea, and gear alterations to manage our marine resources.
The Commercial Fishermen Safety Act of 2003 lends a hand to fishermen attempting to prepare in case disaster strikes. My bill provides a tax credit equal to 75 percent of the amount paid by fishermen to purchase or maintain required safety equipment. The tax credit is capped at $1500. Items such as EPIRBs and immersion suits cost hundreds of dollars, while life rafts can reach into the thousands. The tax credit will make life-saving equipment more affordable for more fishermen, who currently face limited options under the federal tax code.
I believe these two bills will assist our Nation's fishermen as they struggle to make their living on the seas. Fishing is a legitimate profession that deserves to be treated with the common-sense and consistency that we treat other professions. The legislation I am introducing gives these communities the tools they need to safely make their living in a way that still protects the resource.
Mr. President, I rise today with my colleagues Senator DeWine, Senator Feinstein, Senator Schumer, Senator Reed, Senator Mikulski, Senator Corzine, and Senator Levin to reintroduce the…
Mr. President, I rise today with my colleagues Senator DeWine, Senator Feinstein, Senator Schumer, Senator Reed, Senator Mikulski, Senator Corzine, and Senator Levin to reintroduce the ``Technological Resource to Assist Criminal Enforcement'' ``TRACE'' Act, a bill to require ballistics testing of all firearms manufactured or imported in the United States.
The science of ballistics testing has given police the ability to solve multiple crimes simply by comparing bullets and shell casings found at the scene of a crime to a gun seized in a seemingly unrelated incident. This comparison is possible because every gun has a unique ``fingerprint'' it leaves on spent shell casings and bullets after it is fired. Just as human fingerprints can be grouped into general classifications such as loops and whorls, but still possess individual characteristics and then analyzed for its unique characteristics, firearms evidence can be similarly grouped and then analyzed by trained technicians for unique identifying characteristics.
Let me explain more specifically how this technology works. Today, ballistics technology equipment allows firearms technicians to acquire digital images of the images of the markings made by a firearm on bullets and cartridge casings; the images then undergo an automated initial comparison. If a high confidence match emerges, experts compare the original evidence to confirm a match. Once a match is found, law enforcement can begin tracing that weapon from its original sale to the person who used it to commit the crime.
Microscopic comparison of bullets and shell casings has been in practice for many years, even before formal databases were established. However, in the past 15 years, through the use of computer databases, ballistics technology described above has developed into a systematic tool for law enforcement to solve gun crimes. Since the early 1990's, more than 250 crime labs and law enforcement agencies in more than 40 States have been operating independent ballistics systems maintained by either the Bureau of Alcohol, Tobacco, Firearms, and Explosives ``ATFE'', or the Federal Bureau of Investigation. Together, ATFE's Integrated Ballistics Identification System, ``IBIS'', and the FBI's DRUGFIRE system have been responsible for linking 5,700 guns to two or more crimes where corroborating evidence was otherwise lacking. These links have helped law enforcement and prosecutors bring thousands of dangerous criminals to justice.
Never before have the tremendous law enforcement benefits of ballistics testing been so apparent. I would like to take the opportunity to describe a few instances where ballistics technology helped solve otherwise unsolvable crimes.
Last fall, law enforcement officials used ballistics testing to match the bullets and shell casings found at the scenes of the sniper shootings in the Nation's Capital region, and later to other deadly shootings across the country. The bullets and casings were also linked to the gun that the accused assailants had in their possession when they were arrested. This ballistics information has provided vital evidence to prosecutors and will help keep the snipers behind bars.
In another example, the only evidence at the scene of a brutal homicide in Milwaukee was 9 millimeter cartridge casings--there were no other clues. But 4 months later, when a teenage male was arrested on an unrelated charge, he was found to be in possession of the firearm that had discharged those casings. Ballistics linked the two cases. Prosecutors successfully prosecuted three adult suspects for the homicide and convicted the teen in juvenile court.
On September 9, 2000, several suspects were arrested in Boston for the illegal possession of three handguns. Each of the guns was test fired, and the ballistics information was compared to evidence found at other crime scenes. The police quickly found that the three guns were used in the commission of 15 felonies in Massachusetts and Rhode Island. This routine arrest for illegal possession of firearms provided police with new leads in the investigation of 15 unsolved crimes. Without the ballistics testing, these crimes would not have been linked and might have never been solved.
As you can see, ballistics technology helps law enforcement exponentially in their efforts to solve gun crimes. But while success stories are increasingly frequent, the full potential of ballistics
testing is still untapped. One way that the Bureau of Alcohol, Tobacco, Firearms and Explosives is making ballistics testing more accessible to state and local law enforcement is through the installation of a new network of ballistics imaging machines. The final introduction of the machines across the country is almost complete and, once it is, the computers will be able to access each other and search for a greater number of images. The National Integrated Ballistics Information Network, better know as ``NIBIN,'' will be a regional network of databases that will permit law enforcement in one locality access to information stored in other gun crime databases around the entire country. According to the ATFE, ``the NIBIN program is a key element to ATFE's efforts [to remove violent offenders from America's streets].''
But ballistics testing is only as useful as the number of images in the database. Today, almost all jurisdictions are limited to images of bullets and cartridge casings that come from guns used in crimes. The TRACE Act would dramatically expand the scope of that database by mandating that all guns manufactured or imported be test fired before being placed into the stream of commerce. The images collected from the test firing would then be collected and accessible to law enforcement-- and law enforcement only--for the purpose of investigating and prosecuting gun crimes.
Recently, studies done about ballistics testing and ballistics databases have been in the news. Concern has been expressed by some about the size and practicality of a large database. However, it is important to point out that this bill would merely expand upon the existing network of 16 multi-state regional databases, rather than create a single large national database. In addition, accusations that systems would be log-jammed with too many entries has been refuted by ATFE ballistics experts. Since its inception, the speed and efficiency of ballistics databases has substantially increased. For example, from 1994 to 1999 the IBIS correlation speed for cartridge casings dropped from 35 seconds to 1.7 seconds, and correlation speed for bullets dropped from 4 seconds to 0.3 seconds. The conversion to NIBIN is expected to yield an even faster return of correlation results, regardless of an increase in entries.
Of course no investigative tool is perfect or effective in every single situation, not even fingerprints. However, ATFE maintains that the availability of an open-case file of many thousands of exhibits, searchable within minutes, provides invaluable information to law enforcement authorities. TRACE would enhance the current ballistics databases by giving federal, state, and local law enforcement access to even more evidence that will help them solve more gun crimes and make our communities safer.
Today, police can find out more about a human being than they can about a gun used in a crime. Law enforcement can use DNA testing, take fingerprints and blood samples, search a person's health records, peruse bank records and credit card statements, obtain phone records and get a list of book purchases to link a suspect to a crime. Yet, the bullets found at the scene of a crime often cannot be traced back to the gun used because our ballistics images database is not comprehensive. Many of those on the front lines of the fight against crime are in favor of ballistics testing. In fact, in my home state of Wisconsin, over 75 percent of police chiefs surveyed are supportive of the use of ballistics technology.
The burden on manufacturers is minimal--we authorize funds to underwrite the cost of testing--and the assistance to law enforcement is considerable. And don't take our word for it, ask the gun manufacturers and the police. Listen to what Paul Januzzo, the vice- president of the gun manufacturer Glock, said in reference to ballistics testing, ``Our mantra has been that the issue is crime control, not gun control . . . it would be two-faced of us not to want this.'' In their agreement with the Department of Housing and Urban Development, Smith & Wesson agreed to perform ballistics testing on all new handguns. And Ben Wilson, the chief of the firearms section at ATFE, emphasized the importance of ballistics testing as a investigative device, ``This [ballistics] allows you literally to find a needle in a haystack.''
To be sure, we are sensitive to the notion that law abiding hunters and sportsmen need to be protected from any misuse of the ballistics database by government. The TRACE Act explicitly prohibits ballistics information from being used for any purpose unless it is necessary for the investigation of a gun crime.
The TRACE Act will enhance a revolutionary new technology that helps solve crime. The technology is becoming more and more advanced to accommodate high volume-usage, and it is expected to continue to get better and better. Ballistics testing will help solve more gun crimes, prosecute more criminals, and ensure that more communities are protected from violence. TRACE is a worthwhile piece of crime control legislation and I hope that the Senate will move quickly to pass it.
I ask unanimous consent that the text of the legislation be printed in the Record.
Mr. President, today I am sending to the desk a bill by myself and Senator Miller to amend the IRS Code. It is a bill to provide jobs and economic growth for our country. Mr. President, this bill…
Mr. President, today I am sending to the desk a bill by myself and Senator Miller to amend the IRS Code. It is a bill to provide jobs and economic growth for our country.
Mr. President, this bill Senator Miller and I are introducing is the President's economic and growth package. This is a package the President has put together that would help American families. This is a package that is profamilial and progrowth. It is a bill that will create jobs. It is a bill that will create an incentive to invest. It is a bill to eliminate unfair punitive taxes on corporate earnings that are distributed to the owners of the corporation. It is a bill that will help stimulate and grow our economy.
I compliment the President for his work in proposing this. I am happy to introduce it. Let me talk about a couple of the provisions of the bill.
This bill will expand the 10-percent bracket. This is to help people of all incomes. But the lowest income people will be the true beneficiaries of this package. It will accelerate reductions in the individual income tax rates that were passed in 2001. You might remember the 2001 tax bill that we passed which had individual rate reductions phased in over the years. There was a 1 percent reduction in most of the rates in 2004, and another percent reduction in 2006. These are accelerated to 2003.
It means that the maximum personal income tax bracket would be 35 percent instead of the present 38.6 percent. It means that individuals would not have to pay taxes at rates greater than corporations. The bulk of the benefit of this will come to individuals who are self- employed, individuals who are sole proprietors, and individuals who own or operate their own business. They will receive the bulk of the benefit of this rate reduction. Some people may want to demagog some of the estimates that benefit primarily the wealthy. I disagree.
We also might keep in perspective that when President Clinton was elected, the maximum rate was 31 percent. He increased it to 39.4 percent. When we totally implement President Bush's tax reduction, the maximum rate will be 35 percent, which is still significantly higher than the 31 percent just 10 years ago.
The President's proposal that we are introducing today would also accelerate the reduction in the marriage penalty. This is a very big item to help married couples reduce their taxes. The net impact of this is it would double the 15-percent bracket that individuals have for couples.
To give you an example, individuals presently pay 15 percent, I believe, on income up to about $28,000. But couples have to start paying a 28-percent or 27-percent bracket when they have income above $47,000. We say that instead of paying 27 percent for taxable income above $47,000, no, that should be double the individual amount. So couples don't have to pay above the 15-percent bracket unless their income exceeds $56,000.
It is not very complicated. Couples should have for the 15-percent bracket twice what individuals have. Individuals pay 15 percent up to $28,000. So we doubled that amount for couples. The net impact of that is you pay 15 percent instead of 27 percent for a total of about $9,000. It saves couples a total of $1,022. If the couples have two children, they would get additional child credit. We increase the child credit, which is presently $600, to $1,000. That is an increase of $400 per child. If you have two children, that is $800 of tax credit--not deductions, tax credit. It reduces your tax bill by $800.
If you have a taxable income of $56,000, you also get the $1,122 of marriage penalty relief. You get $100 savings from the 10-percent bracket expansion. Total tax relief for a family that has taxable income of $56,800 totals over $2,000. Actually, it is $2,022. That is about a 22-percent tax cut for middle-income families. That will help thousands--millions--of families all across the country.
Also, this bill would eliminate the double taxation on corporate earnings. Presently, in the United States, unfortunately, unbelievably, we tax corporate earnings that are distributed to the owners more than almost any other country in the world. Only one country, Japan, taxes corporate earnings distributed to the owners higher than the United States.
Our combined tax rate of 35 percent corporate and the individual tax percentage, depending on the individual's income tax bracket--it could be 15 percent, it could be 30 percent, it could be 38.6 percent--if you add the 38.6 percent plus the 35 percent, it is over 70 percent. If it is 30 percent for the individual rate, and the corporation rate is 35, it is 65 percent. So for a corporation that makes $1,000 and wants to distribute that to the owners, the Federal Government gets 65 percent; and the beneficiary, the owner of the company, gets 35 percent. That is absurd. That is embarrassing. That is indefensible. And countless people--economists, the President, candidates and others--said we should eliminate this unfair double taxation of dividends.
The President has come up with a proposal to do that. I am happy to introduce it for him. I urge my colleagues--before they demagog it, before they castigate it--to look at the facts.
Does it really make sense for us to be taxing corporate distributions to all owners--incidently, the majority of owners are senior citizens-- does it really make sense for us to be taxing these proceeds higher than any other country in the world but one? It makes no sense.
Does it really make sense to have the Tax Code skewed to where it really is beneficial to go into debt because you can expense your interest expense? But, oh, yes, if you go the equity route, you have to pay taxes on anything that is generated in the company. And the individual who receives the benefits pays taxes, so the Government gets two-thirds of the money, two-thirds of the distribution. That does not make sense. It discourages investment. It encourages debt. Not a good corporate policy.
Present law encourages a lot of corporate shenanigans and corporate games trying to get around taxes when they realize that such a great percentage of the distribution to owners is going to be paid in taxes-- ``Let's figure out other ways.'' Maybe they do it through bonuses, but they might do it through all kinds of schemes. And we have seen some of those.
This would be great corporate reform, very positive, well-needed reform, and long overdue--long overdue.
In this package that the President has proposed, it also has something I am very much in favor of: expensing for small business. I used to have a small business. But it triples the amount a small businessperson can expense from $25,000 to $75,000. In other words, if they write a check for that amount, they can expense it in the year that the check is written. That
will greatly encourage investment because they get to recoup the investment that is made in the same year the check is written--a very positive, progrowth proposal. Most jobs are created in small businesses, and this is a good, positive small business provision that will create jobs.
So we reduce taxes on business owners, sole proprietors. They would not have to pay taxes more than corporations. We would reduce taxes on married couples. We would discontinue the present policy of penalizing them for being married and filing joint returns. We would allow them to keep more of their own money. We would allow them to keep more of their own money if they have kids.
Certainly, if you have kids, it costs a lot of money to raise them. We say you should have a $1,000 tax credit per child. So for every child you have, you get to save $1,000 in taxes. I have four kids, so that is $4,000 per year. A couple with four kids would get to save $4,000 per year. That is significant. That is profamily. That is positive. That allows people who really need the money raising families to keep it.
One, we eliminate the marriage penalty, and, two, we allow them to keep more for their own kids. Very significant benefits. When you add all the benefits together, it really makes the income tax even more progressive.
The upper income groups would still pay a greater percentage of income tax, even after we pass this proposal. I can just envision people saying: Well, this is class warfare. I hope they do not play those arguments because this is very family friendly and also investment friendly and will create jobs.
We need to do some things. Revenues have been declining for the last 2 years. We need to figure out ways to get revenues to grow. That means a growing economy. It means the stock market needs to move up instead of down.
This proposal will do that. This proposal is investment friendly. And the main beneficiaries will not be just the owners, it will be the people who get a job because the investment was not going to be made without it.
So let's do some things that will create an incentive for investment, for expensing, for people to go to work, and for people who are working to be able to keep more of their own money so they can take care of their families.
That is what the President's proposal is all about. So I am delighted to introduce this today with my colleague and friend, Senator Zell Miller of Georgia.
I ask unanimous consent to have printed in the Record two charts to further explain the breakout of this proposal.
I urge my colleagues to seriously consider this proposal. And I welcome their support of it.
I yield the floor.
Mr. President, today I am introducing important legislation to affirm Federal jurisdiction over the waters of the United States. I am pleased to have three members of the Environment and Public Works…
Mr. President, today I am introducing important legislation to affirm Federal jurisdiction over the waters of the United States. I am pleased to have three members of the Environment and Public Works Committee, the Senator from California, Mrs. Boxer, the Senator from Vermont, Mr. Jeffords, and the Senator from Connecticut, Mr. Lieberman, as original cosponsors of this bill.
In the U.S. Supreme Court's January 2001 decision, Solid Waste Agency of Northern Cook County versus the Army Corps of Engineers, a 5 to 4 majority limited the authority of Federal agencies to use the so-called migratory bird rule as the basis for asserting Clean Water Act jurisdiction over non-navigable, intrastate, isolated wetlands, streams, ponds, and other bodies of water.
This decision, known as the SWANCC decision, means that the Environmental Protection Agency and Army Corps of Engineers can no longer enforce Federal Clean Water Act protection mechanisms to protect a waterway solely on the basis that it is used as habitat for migratory birds.
In its discussion of the case, the Court went beyond the issue of the migratory bird rule and questioned whether Congress intended the Clean Water Act to provide protection for isolated ponds, streams, wetlands and other waters, as it had been interpreted to provide for most of the last 30 years. While not the legal holding of the case, the Court's discussion has resulted in a wide variety of interpretations by EPA and Corps officials that jeopardize protection for wetlands, and other waters.
The wetlands at risk include prairie potholes and bogs, familiar to many in Wisconsin, and many other types of wetlands.
In effect, the Court's decision removed much of the Clean Water Act protection for between 30 percent to 60 percent of the Nation's wetlands. An estimate from my home state of Wisconsin suggested that more than 60 percent of the wetlands in my state lost federal protection. Wisconsin is not alone. The National Association of State Wetland Managers has been collecting data from states across the country. For example, Nebraska estimates that it will lose protection for more than 40 percent of its wetlands. Indiana estimates they will lose 31 percent of total wetland acreage and 74 percent of the total number of wetlands. Delaware estimates the loss of protection for 33 percent or more of their freshwater wetlands.
These wetlands absorb floodwaters, prevent pollution from reaching our rivers and streams, and provide crucial habitat for most of the nations ducks and other waterfowl, as well as hundreds of other bird, fish, shellfish and amphibian species. Loss of these waters would have a devastating effect on our environment.
In addition, by narrowing the water and wetland areas subject to Federal regulation, the decision also shifts more of the economic burden for regulating wetlands to State and local governments. My home State of Wisconsin has passed legislation to assume the regulation of isolated waters, but many other States have not. This patchwork of regulation means that the standards for protection of wetlands nationwide is unclear, confusing, and jeopardizes the migratory birds and other wildlife that depend on these wetlands.
Since 2001, the confusion over the interpretation of the SWANCC decision is growing. On January 15, 2003, the EPA and Army Corps of Engineers published in the Federal Register an Advanced Notice of Proposed Rulemaking raising questions about the jurisdiction of the Clean Water Act. Simultaneously, they released a guidance memo to their field staff regarding Clean Water Act jurisdiction.
The agencies claim these actions are necessary because of the SWANCC case. But both the guidance memo and the proposed rulemaking go far beyond the holding in SWANCC. The guidance took effect right away and has had an immediate impact. It tells the Corps and EPA staff to stop asserting jurisdiction over isolated waters without first obtaining permission from headquarters. Based on this guidance, waters that the EPA and Corps judge to be outside the Clean Water Act can be filled, dredged, and polluted without a permit or any other long-standing Clean Water Act safeguard.
The rulemaking announces the Administration's intention to consider even broader changes to Clean Water Act coverage for our waters. Specifically, the agencies are questioning whether there is any basis for asserting Clean Water Act jurisdiction over additional waters, like intermittent streams. The possibility for a redefinition of our waters is troubling because there is only one definition of the term ``water'' in the Clean Water Act. The wetlands program, the point source program which stops the dumping of pollution, and the non-point program governing polluted runoff all depend on this definition.
If we don't protect a category of waters from being filled under the wetlands program, we also fail to protect them from having trash or raw sewage dumped in them, or having other activities that violate the Clean Water Act conducted in them as well.
Congress needs to re-establish the common understanding of the Clean Water Act's jurisdiction to protect all waters of the U.S.--the understanding that Congress held when the Act was adopted in 1972--as reflected in the law, legislative history, and longstanding regulations, practice, and judicial interpretations prior to the SWANCC decision.
The proposed legislation does three things, and it is a very simple bill. It adopts a statutory definition of ``waters of the United States'' based on a longstanding definition of waters in the EPA and Corps of Engineers' regulations. Second, it deletes the term navigable from the Act to clarify that Congress's primary concern in 1972 was to protect the nation's waters from pollution, rather than just sustain the navigability of waterways, and to reinforce that original intent. Finally, it includes a set of findings that explain the factual basis for Congress to assert its constitutional authority over waters and wetlands on all relevant Constitutional grounds, including the Commerce Clause, the Property Clause, the Treaty Clause, and Necessary and Proper Clause.
In conclusion, I am very pleased to have the support of so many environmental and conservation groups, and well as organizations that represent those who regulate and manage our country's wetlands, such as: the Natural Resources Defense Council, Earthjustice, the National Wildlife Federation, Sierra Club, American Rivers, the National Audubon Society, U.S. Public Interest Research Group, Defenders of Wildlife, the Ocean Conservancy, Trout Unlimited, the Izaac Walton League, and the Association of State Floodplain Managers. They know, as I do, that we need to re-affirm the federal government's role in protecting our water. This legislation is a first step in doing just that.
I ask unanimous consent that the text of the legislation be printed in the Record.
Mr. President, I rise today to introduce legislation on behalf of Wisconsin's seniors and taxpayers whose wallets are being gauged by certain pharmaceutical companies. My legislation is in response to certain pharmaceutical companies' decision to target seniors who are crossing into Canada to get more affordable prescription drugs for their own use.
If these pharmaceutical companies are going to price gauge seniors's wallets, they don't deserve the taxpayers' support.
A growing number of American seniors are obtaining their prescription drugs from Canada for personal use.
Unfortunately, many of these seniors who are crossing the boarder to access more affordable prescription drugs for their personal use are being targeted by the very pharmaceutical companies that receive millions in tax breaks.
I recently received a call from seniors in my state that Glaxo Smith Klein had decided to stop supplying Canadian pharmacies that resell its drugs to Americans, thereby preventing them from receiving the same benefits these pharmacies provide to Canadians.
The Seniors in my State were not the only ones who took notice of this action. On February 21st of this month, Seniors groups from 12 States, including Wisconsin, sent Glaxo a message by launching a boycott of nonprescription products of Glaxo-Smith-Kline.
Congress should also send all pharmaceutical companies a message that this practice simply is unacceptable.
I think the single most important step we can take is to modernize Medicare and make it better is to eliminate the current inequities in the Medicare system and provide the prescription drug coverage senior citizens need.
At the same time Congress should pass legislation, that Senators Schumer, McCain, and I introduced that would bring lower-cost generic drugs to the market faster and lower the cost of prescription drugs by $60 billion.
Until we pass a comprehensive prescription drug benefit, we must ensure that seniors are not targeted by pharmaceutical companies. If these drug companies actively discriminate against American seniors, we should not provide them tax breaks.
That's why my legislation would deny tax breaks to drug companies who discriminate against Canadian pharmacies that provide Americans the same discount that they provide to Canadians.
I urge my colleagues to join me in cosponsoring this legislation.
Mr. President, today, my colleagues and I are introducing legislation to recognize the enormous contributions of immigrants in the military. The Naturalization and Family Protection for Military…
Mr. President, today, my colleagues and I are introducing legislation to recognize the enormous contributions of immigrants in the military. The Naturalization and Family Protection for Military Members Act of 2003 will enable immigrant men and women of our Armed Forces to obtain easier access to naturalization, and it will establish immigration protections for their families if they are killed in action.
In all our wars throughout our history, immigrants have fought side by side and have given their lives to defend America's freedom and ideals. One out of every five recipients of the Congressional Medal of Honor, the highest honor our Nation bestows on our war heroes, have been immigrants. Their bravery is unequivocal proof that immigrants are as dedicated as any other Americans to defend our country.
Today, 37,000 men and women have the status of permanent residents, who are not yet citizens, but are serving in the Army, Navy, Marine, Air Force, and Coast Guard. Another 20,000 permanent residents are serving in the Reserves and the National Guard. Since the war in Iraq began two and a half weeks ago, eight of the dead, two of the missing, and two prisoners of war are immigrants to the United States. Only four were naturalized U.S. citizens.
Granting these men and women posthumous citizenship is the right thing to do, but we must do more. This bill gives members of the armed services who are already lawful permanent residents, easier access to naturalization. It gives certain immigration benefits to their immediate family members in the event of their death. It would amend immigration laws: to allow lawful permanent resident military personnel to naturalize after serving 2 years in the military. They can participate in naturalization interviews and oath ceremonies abroad at U.S. embassies, consulates, and overseas military installations. Naturalization fees would be waived.
Recruiting needs are immediate in wartime and readiness is essential. As the war in Iraq goes on and our commitment to ending global terrorism continues, more and more of these brave men and women are being called to active duty. Many of them are members of the Selected Reserve--Reserve and National Guard members subject to recall to active duty during a war or other national emergency. Many reservists have already been activated, and many more expect to be called up at a moment's notice to defend our country and assist in the war effort. They too deserve special recognition for their bravery and sacrifice. Our bill does just that. Lawful permanent residents who are members of the Selected Reserve will have naturalization benefits similar to those conferred on members of the regular forces on duty. They will have expedited naturalization during times of war or hostile military operations.
Finally, our bill will protect the immigration status of immediate family members who were dependent upon their citizen or noncitizen's relative, if the relative was honorably serving in the military and was killed as a result of the service. We know the tragic losses endured by these families for the sacrifices their sons and daughters have made. It is unfair that they should have to lose their immigration status as well.
Our legislation will amend the immigration laws to ensure that grieving immediate family members are given the opportunity to legalize their immigration status and not be threatened with deportation. Specifically, these family members--noncitizen spouses, children, parents of citizens and parents of noncitizens serving in the military who are killed as a result of their service--will be able to file or preserve their application for lawful permanent residence.
The Naturalization and Family Protection for Military Members Act is a tribute to the sacrifices that these future Americans are already making now for their adopted country. They deserve this important benefit, and we urge the Senate to approve it.
The economy continues to falter. Hundreds of thousands of hard-working men and women have lost their jobs, and consumer confidence is the lowest in 9 years. Americans are suffering. College graduates can't find jobs. Americans who have worked all their lives are out of work. Their unemployment benefits are running out. They are losing their savings, and watching their 401(k) plans plummet. They are being forced to take desperate measures--selling their homes, moving back in with their parents, or cashing in their retirement savings.
Our first domestic priority should be to get America back to work. Democrats have a plan to do just that. The Senate Democratic proposal for economic growth will create more than 1 million jobs next year, three times as many as President Bush's plan. It will provide fiscal relief to states to avoid further lay-offs and make vital investments in the economy to achieve growth.
But out-of-work Americans also need help and they need it now. The Economic Security Act I am introducing today will extend temporary Federal unemployment benefits for 6 months past the May expiration date. It will provide additional weeks of benefits as in past recessions and provide extended benefits to the more than 1 million Americans who have run out of benefits but still cannot find work. It will also give states the option to use Federal funds to extend coverage to part-time workers and low-wage workers. This bill will help more than 4 million workers, including 150,000 in Massachusetts.
The unemployment rate remains high at 5.8 percent, with 8.4 million Americans out of work, and those numbers don't include discouraged workers, who have dropped out of the labor force, or those working part-time because they can't find a full-time job. When these workers are included, the true unemployment rate is 10.4 percent.
Over the last two months, the economy has lost nearly half a million jobs. More than 330,000 jobs have been lost in Massachusetts, including 20,000 in Boston and 23,000 in Worcester. Such severe, persistent loss of jobs 2 years after the beginning of a recession is unheard of since the Great Depression.
Richard Wilcox of Canton, MA has taken to standing on a street corner holding up a sign that says ``I need a job . . . 36 years experience: Insurance/Management.'' Thirty-six years of experience, and he has had only two interviews after a year of sending out hundreds of resumes.
Mr. Wilcox is not alone. The crisis in our labor market has continued to worsen under the current administration's watch. Two and a half million more Americans have lost their jobs since the Bush administration took office, and the number of long-term unemployed has nearly tripled.
The economy is still not showing clear signs of recovery, and the number of unemployed continues to grow. The administration's own budget predicts an average of 5.7 percent unemployment for this year. The Congressional Budget Office estimates that it will be 5.9 percent.
In this bleak condition, unemployed workers deserve to be able to count on a further extension of benefits when the current one expires at the end of May. In the last recession, we enacted an extension of benefits five times with overwhelming bipartisan support. Now as then, out-of-work Americans need our help.
In the last recession we also made sure that workers who ran out of Federal benefits but still could not find work were not left in the cold. Today, one in five unemployed workers has been out of work for more than 6 months. One million of these long-term unemployed are without jobs and without any safety net. With three unemployed workers vying for every job, workers across the county are losing hope.
The current unemployment insurance system clearly needs to be modernized to cover today's workers. Two glaring defects stand out. In 1975, 75 percent of unemployed workers were eligible for unemployment benefits, compared to only half of such workers last year. Many of the unemployed who fail to receive benefits are part-time and low-wage workers. Only eight States provide benefits to unemployed residents seeking part-time work on the same basis as the benefits they provide to full-time workers. In addition, in all but a handful of States, low- wage workers are ineligible for benefits because their most recent earnings are not counted. Part-time and low-wage workers pay into the system, and they should be able to rely on it while searching for a new job.
We must pass another extension of unemployment benefits before the current one expires at the end of May. We must not allow a repeat of last year, when Democrats asked eight times for an extension and eight times were told no. Ultimately, we were able to work on a bipartisan basis to provide benefits for out-of-work Americans, and I hope we can do so again this time. I look forward to working with my colleagues to see that Americans here at home who've been hit by these troubled economic times receive the support they need and deserve.
Madam President, I rise today to introduce the Terrorist Victim Citizenship Relief Act, a bill that would provide citizenship relief to many families adversely affected by the attacks of September…
Madam President, I rise today to introduce the Terrorist Victim Citizenship Relief Act, a bill that would provide citizenship relief to many families adversely affected by the attacks of September 11, 2001.
In the time since that tragic day, I have met with several of the families of the victims of the terrorist attacks to discuss a variety of measures in the wake of that national calamity. They have been dealing with a personal anguish that many of us can only imagine. In my view, Congress must do more to help the families of the victims of September 11, and the Terrorist Victim Citizenship Relief Act should be a part of that effort.
When American citizens, foreign nationals, and immigrants perished in the cowardly terrorist acts of September 11, the immigration status of hundreds of families was thrown into turmoil. The attacks were on American soil on a major American institution and directed at the United States. Yet American citizens were not the only victims. Hundreds of temporary workers and immigrants died shoulder-to-shoulder with thousands of Americans. Their deaths should be acknowledged and their families should be honored.
My legislation would bestow honorary citizenship on legal immigrants and non-immigrants who died in the disaster. This would honor their spirit and their tremendous sacrifice. Perhaps more important, the bill would offer citizenship to surviving spouses and children, subject to a background investigation by the Federal Bureau of Investigation. In the spirit of fairness and unity, it is appropriate and responsible to offer the privilege of citizenship to families who lost so much because of this attack on the United States.
About 3,000 people lost their lives when four planes crashed on that fateful September morning. Nationals from
some 86 countries perished in the attack, including visitors, non- immigrant workers, and legal permanent residents.
America was not the only country that suffered losses. There was good reason the complex was called the World Trade Center. In the September 11 attacks, 86 countries including England, Germany, Mexico, Colombia, Japan, Canada, Australia, the Philippines, Ireland, South Africa, and Pakistan suffered tragic losses. And there were many more.
In New Jersey, there are dozens of poignant stories of immigrant families who experienced tragic losses in the World Trade Center disaster. These innocent people have lost husbands and wives, sons and daughters, sisters and brothers. Their families have been fractured and their livelihoods jeopardized.
Immigrant families have been forced to grapple with a bureaucratic nightmare, wading through the myriad of programs available to the families of victims in an effort to keep their heads above water. They are often disheartened to learn that, although their loved ones died in the same attack, non-citizens are ineligible for many of the programs designed to assist the surviving families of victims.
Concerns about immigration status have only added to the tremendous burden immigrant families are already confronting. Take the example of one New Jersey woman who came to my office seeking assistance. Her immigration status was directly dependent on the non-immigrant worker status of her husband who died in the attack. Both of her children were born in the United States. They are full citizens and are enrolled in American schools.
She wants to continue to raise her children in the United States. However, under the antiterrorism legislation that was passed in the last Congress, this mother of two is technically deportable right now. My legislation would grant her citizenship immediately, helping her to avoid the burden of removing her children from the only country they have ever truly known, while they are still grappling with the loss of their father. Granting her citizenship is the right thing to do.
This woman's story is but one of many. My office has received numerous inquiries from immigrant families concerned that their immigration status has been undermined by the death of a loved one. Many families were in the process of preparing the necessary paperwork to apply for a change in status, only to have their potential sponsor die alongside thousands of others in the World Trade Center attack. This legislation would ensure that those families would be allowed to become American citizens and avoid undue paperwork and heartache.
When perpetrating their horrific crime, the terrorists did not distinguish between immigrants and American citizens or between undocumented workers and legal permanent residents. They were attacking the United States, and, in the process, killed thousands, citizens and non-citizens alike. In death, citizenship was irrelevant.
The thousands who died did not know it when they went to work, but they were at the front lines in the next American war. Their deaths are a tragedy that every civilized human being wishes could be reversed. Unfortunately, we cannot turn back the clock. However, we can acknowledge the tremendous loss of hundreds of immigrant families by allowing them to take on the full rights and responsibilities of American citizenship.
I urge my colleagues to support this important legislation, and ask unanimous consent that the text of the legislation be printed in the Record.
Mr. President, I am proud to join with Senator Landrieu in introducing the Wage Tax Cut Act, legislation that would provide an immediate boost to America's economy by providing wage tax relief to all working Americans and to businesses.
In short, this proposal would give all working Americans a wage tax break of up to $765, equivalent to the payroll taxes they have paid on the first $10,000 of their earnings in the year 2001. Working couples would receive tax relief of up to $1,530. This is a 1-year proposal in which all payments and tax credits would come out of the General Treasury. The Social Security and Medicare trust funds would not be affected in any way.
Every working American and business-owner would benefit from our proposal. This $765 tax cut would help American families make ends meet and stimulate the economy. It would pay for 5 week's worth of groceries for a family of four; more than 2 months of child care; 3\1/2\ months of utility bills; and 7 months of gasoline.
The act would provide business-owners--small and large--a tax credit for up to $765 on the wages of each of their employees. The tax credit for businessowners would put more money in the hands of employers to spur investment in new people, plant, and equipment. By reducing payroll taxes, which amount to a tax on labor, we would encourage more employers to hire new personnel, and to keep those they now have.
That is why the Business Roundtable, which represents 150 of the country's largest corporations with over 10 million employees, has endorsed the concept of payroll-based tax relief that we are proposing today.
This is a simple, fair, and affordable economic stimulus plan that will get money in the hands of consumers and businesses that will be immediately reinvested in our economy.
Unlike the President's proposed tax plan, the Wage Tax Cut Act would provide immediate help to the economy, without being fiscally irresponsible. At $180 billion, its cost is only about 15 percent of the $1.3 trillion in tax cuts included in the conference report on the budget resolution.
At this important time in our Nation's history, when thousands of young men and women are bravely serving their country, we need to ensure that the America to which they return is vibrant and strong. This proposal would help create the jobs they need, and the prosperity they deserve.
In December 2001, when Senator Bill Frist supported--in fact his own Web site articulated--the stimulative impact that payroll tax relief could have. It quoted the senator as saying:
A payroll tax holiday is truly a stimulative, temporary tax
cut that would be welcome news for most Americans, especially
during the holiday season. As economic growth stagnates and
unemployment numbers increase, putting additional money in
consumers' pockets will provide a much needed economic boost.
Senator Frist continued:
The key is for Congress to respond and pass a stimulus bill
now, and I believe that this proposal could provide us with a
bipartisan solution.
Senator Frist was right on the mark about the need, and stimulative impact, of payroll tax relief then. It is my hope that Majority Leader Frist, and the rest of my colleagues, today will stand behind those words and support this proposal to help reinvigorate out economy.
Madam President, today I am pleased to join my colleague, Senator Collins, in introducing legislation that would create the United States Consensus Council. This council would be a nonprofit,…
Madam President, today I am pleased to join my colleague, Senator Collins, in introducing legislation that would create the United States Consensus Council. This council would be a nonprofit, quasi-governmental entity. Its role would be to build agreements among stakeholders on legislative issues where there are diverse and conflicting views and bring these agreements back to Congress or other decisionmakers for action.
We all talk about the benefit of working across party lines to develop consensus on a variety of policy issues. This bill would help to institutionalize this goal and provide ongoing support to Congress by bringing stakeholders to the table to resolve a wide range of difficult national issues.
The North Dakota Consensus Council in my home State serves as a model for this national proposal. In North Dakota, the Consensus Council has helped to find common ground on the use of grasslands in the western part of the State, the structure of judgeships across the State, and flood mitigation efforts in the Red River Valley. By bringing together all of the interested parties, the North Dakota Consensus Council was able to find solutions to problems that had previously seemed insurmountable. Washington, DC, is ripe with opportunity for the same kind of consensus building and mediation. We can not only build on the experience of consensus building in North Dakota, but similar successes in Montana, Florida, Oregon, and many other States.
The United States Consensus Council would bring people together and then
help to develop recommendations. These recommendations would be advisory and would not circumvent any of the normal legislative requirements or processes. The board of directors would be appointed by the President and the bipartisan congressional leadership. The council would remain neutral on substantive policy matters.
The council would focus on issues that are contentious or deadlocked, or they could be emerging issues where mediation could help to prevent later polarization.
The council's role will be to design and conduct processes that lead to common ground on effective public policy for a particular issue. The council could be called upon to convene key stakeholders in face-to- face meetings over time to build agreements on complex issues.
I have long been a supporter of building consensus and finding ways to reach compromise. I believe that this legislation could help the Congress and the administration to find that middle ground. There are so many important issues that get deadlocked in Washington, and this approach will help to break that logjam. I look forward to working with my colleagues on both sides of the aisle to move this bill through the process.
Madam President, I rise today to speak about a bill, the Railroad Competition Act of 2003, which, along with Senators Burns, Rockefeller, Craig, Baucus, Coleman, and Johnson, I hope will introduce a bit of competition and better service in our railroad industry. The truth is that our rail system is completely broken; deregulation has only led to a system dominated by regional monopolies and both shippers and consumers are paying the price.
Since the supposed deregulation of the rail industry in 1980, the number of major Class I railroads has been allowed to decline from approximately 42 to only 4 major U.S. railroads today. Four mega- railroads overwhelmingly dominate railroad traffic, generating 95 percent of the gross ton-miles and 94 percent of the revenues, controlling 90 percent of all U.S. coal movement; 70 percent of all grain movement and 88 percent of all originated chemical movement. This drastic level of consolidation has left rail customers with only two major carriers operating in the East and two in the West, and has far exceeded the industry's need to minimize unit operating costs.
But consolidation has not happened in a vacuum. Over the years, regulators have systematically adopted policies that so narrowly interpret the procompetitive provisions of the 1980 statute that railroads are essentially protected from ever having to compete with each other. As a consequence rail users to have no power to choose among carriers either in terminal areas where switching infrastructure makes such choices feasible, nor can rail users even get a rate quoted to them over a ``bottleneck'' segment of the monopoly system.
The negative results of this approach have been astonishing in North Dakota. It costs $2,600 to move one rail car of wheat to Minneapolis, approximately 400 miles. Yet for a similar 400 mile move between Minneapolis and Chicago, it costs only $918 to deliver that car. Not only is that totally unfair to the captive farmer, but in the long run it is unsustainable.
It is actually $500 per car cheaper to ship a carload of corn from Iowa to the PNW, through North Dakota, than it is if that carload were to originate in North Dakota. The farmer in Iowa pays $2,900, while the farmer in North Dakota is charged $3,400.
The same pattern is true with shipments going to the Gulf of Mexico. Minot, ND is 1,732 miles from the gulf whereas the distance to the gulf from Herman, MN is 1,430 miles, a difference of only 332 miles. But when it comes to paying the shipping costs the farmer in Minot pays $1,630 more per car because Minot is just isolated enough that it cannot take advantage of trucks and barges the way Herman, MN, can meaning the price of being captive is $1,600 per carload from central North Dakota.
Another example is Hastings, NE. Hastings is 1,700 miles from the Pacific Northwest, PNW, grain markets in Portland, OR. But, if an elevator from Hastings wants to ship a carload of wheat to the PNW they will pay $4,316. Meanwhile, Minot, ND, is 1,300 miles from Portland, 450 miles closer than Hastings, NE, yet the farmer in Minot will have to pay $4,442 to ship the same carload of wheat to the PNW, a surcharge of $126 for a shipment that is shorter by 400 miles.
How has this happened? Since the deregulation of the railroad industry, it has been the responsibility of the Interstate Commerce Commission, later renamed, the Surface Transportation Board, to make sure that the pro-competitive intent of the law was being upheld. It is the STBs charge to protect captive shippers through ``regulated competition.''
In 1999 the GAO reported on how complicated it is for a shipper to get rate relief under the ``regulated competition'' approach at the STB. The GAO found that this process takes up to 500 days to decide, and costs hundreds of thousands of dollars. That is hardly a rate relief process, but it is the only relief shippers have under the law.
According to the North Dakota Public Service Commission ``while the Staggers Rail Act uses a revenue-to-variable cost ratio of 180 percent as a benchmark for reasonableness, North Dakota's rail rates on wheat often generate ratios of 270 to 400 percent. On an annual basis, North Dakota's farmers and grain shippers pay $50 to $100 million in excess freight rates [each year].''
The Railroad Competition Act of 2003 will seek to improve things by reaffirming the strong role the STB should play in protecting shippers by: clarifying national rail policy; requiring railroads to quote a rate of any given segment; facilitating terminal access and the ability to transfer goods among railroads in terminal areas; removing paper barriers to competition; capping filing fees; creating a Rail Customer Advocacy Office in the Department of Agriculture; designating Areas of Inadequate Rail Competition; and by making the rate relief process cheaper, faster and easier through a streamlined arbitration process.
All Americans, whether they are farmers who need to ship their crops to market, businesses shipping factory goods, or consumers that buy the finished product, deserve to have a rail transportation system with prices that are fair. It is time for Congress to stand up for farmers, businesses, and consumers by making it very clear that the STB has to be a more aggressive defender of competition and reasonable rates.
Mr. President, I rise today with my friend Senator Kennedy to introduce the ``Senator Paul Wellstone Mental Health Equitable Treatment Act of 2003.'' I have mixed emotions today, because, while we…
Mr. President, I rise today with my friend Senator Kennedy to introduce the ``Senator Paul Wellstone Mental Health Equitable Treatment Act of 2003.''
I have mixed emotions today, because, while we are once again fighting for parity, my long time partner, Paul Wellstone is not standing across the aisle from me. Unfortunately, my colleagues are to aware of Senator Wellstone's tragic passing last year. So, while I feel a profound sense of sadness, I also have a renewed determination to win a parity victory for the millions of Americans affected by these dreaded diseases.
The time has come to end this blatant pattern of discrimination against people merely because they suffer from a mental illness. The human brain is the organ of the mind and just like the other organs of our body, it is subject to illness. And just as we must treat illnesses to our other organs, we must also treat illnesses of the brain.
Building upon that, I would ask the following question: what if forty years ago our Nation had decided to exclude heart disease from health insurance coverage? Think about some of the wonderful things we would not be doing today like angioplasty, bypasses, and valve replacements and the millions of people helped because insurance covers these procedures.
I would submit these medical advances have occurred because insurance dollars have followed the patient through the health care system. The presence of insurance dollars has provided an enticing incentive to treat those individuals suffering from heart disease. But sadly, those suffering from a mental illness do not enjoy those same benefits of treatment and medical advances because all too often insurance discriminates against illnesses of the brain.
Individuals suffering from a mental illness face this discrimination even though medical science is in an era where we can accurately diagnosis mental illnesses and treat those afflicted so they can be productive. I simply do not understand, why with this evidence would we not cover these individuals and treat their illnesses like any other disease? There simply should not be a difference in the coverage provided by insurance companies for mental health benefits and medical benefits, merely because an individual suffers from a mental illness.
The introduction of our Bill marks a historic opportunity for us to take the next step towards mental health parity. The timing of our Bill is even more important because the second consecutive one year extension of the landmark Mental Health Parity Act of 1996 will sunset later this year.
As my colleagues know, this is an issue I have a long involvement with
and I would like to begin with a few observations.
I believe that we have made great strides in providing parity for the coverage of mental illness. However, mental illness continues to exact a heavy toll on many, many lives.
Even though we know so much more about mental illness, it can still bring devastating consequences to those it touches; their families, their friends, and their loved ones. These individuals and families not only deal with the societal prejudices and suspicions hanging on from the past, but they also must contend with unequal insurance coverage.
I would submit the Mental Health Parity Act of 1996 is a good first start, but the Act is also not working. While there may adherence to the letter of the law, there are certainly violations of the spirit of the law. For instance, ways are being found around the law by placing limits on the number of covered hospital days and outpatient visits.
That is why I believe it is time for a change.
Some will immediately say we cannot afford it or that inclusion of this treatment will cost too much. But, the facts simply do not support that conclusion. First, I would direct them to the Congressional Budget Office's, CBO, score of the bill. CBO scored the cost of the bill as 0.9 percent or less than one percent. Second, I would point out the Mental Health Parity Act of 1996 contains a provision allowing companies to no longer comply with the law if their costs increase by more than one percent. And do you know how many companies have opted out because their costs have increased by more than one percent? Less than ten companies throughout our entire country.
With that in mind I would like to share a couple of facts about mental illness with my colleagues: within the developed world, including the United States, 4 of the 10 leading causes of disability for individuals over the age of five are mental disorders; in the order of prevalence the disorders are major depression, schizophrenia, bipolar disorder, and obsessive compulsive disorder; one in every five people--more than 40 million adults--in this Nation will be afflicted by some type of mental illness; and schizophrenia alone is 50 times more common than cystic fibrosis, 60 times more common than muscular dystrophy and will strike between 2 and 3 million Americans.
Let us also look at the efficacy of treatment for individuals suffering from certain mental illnesses, especially when compared with the success rates of treatments for other physical ailments. For a long time, many who are in this field--especially on the insurance side-- have behaved as if you get far better results for angioplasty than you do for treatments for bipolar illness.
Treatment for bipolar disorders--that is, those disorders characterized by extreme lows and extreme highs--have an 80 percent success rate if you get treatment, both medicine and care. Schizophrenia, the most dreaded of mental illnesses, has a 60-percent success rate in the United States today if treated properly. Major depression has a 65 percent success rate.
Let's compare those success rates to several important surgical procedures that everybody thinks we ought to be doing: Angioplasty has a 41-percent success rate and Atherectomy has a 52-percent success rate.
I would now like to take a minute to discuss the Senator Paul Wellstone Mental Health Equitable Treatment Act of 2003. The Bill seeks a very simple goal: provide the same mental health benefits already enjoyed by Federal employees.
The Bill is modeled after the mental health benefits provided through the Federal Employees Health Benefits Program, FEHBP, and expands the Mental Health Parity Act of 1996 to prohibit a group health plan from imposing treatment limitations or financial requirements on the coverage of mental health benefits unless comparable limitations are imposed on medical and surgical benefits.
Our Bill provides full parity for all categories of mental health conditions listed in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, DSM IV, with coverage being contingent on the mental health condition being included in an authorized treatment plan, the treatment plan is in accordance with standard protocols, and the treatment plan meets medical necessity determination criteria.
Like the Mental Health Parity Act of 1996, the Bill does not require a health plan to provide coverage for alcohol and substance abuse benefits. Moreover, the Bill does not mandate the coverage of mental health benefits, but rather the Bill only applies if the plan already provides coverage for mental health benefits.
In conclusion, the Bill provides mental heath benefits on par with those already enjoyed by Federal employees and members of Congress and I would urge my colleagues to support this important piece of legislation.
I ask unanimous consent that the text of the Bill be printed in the Record.
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Mr. President, I rise today to introduce the Broadband Internet Access Act of 2003. Last year, this bill had broad bipartisan support with 65 cosponsors. Its companion legislation in the House of…
Mr. President, I rise today to introduce the Broadband Internet Access Act of 2003. Last year, this bill had broad bipartisan support with 65 cosponsors. Its companion legislation in the House of Representatives had 227 cosponsors. If the Senate considers an appropriately targeted and sized economic growth package, which includes investment incentives for businesses, this legislation should be a priority for inclusion in that legislation as it will help jump start a struggling sector of the economy.
The convergence of computing and communications has fundamentally and forever changed the way America lives and works. Individuals, businesses, schools, libraries, hospitals, and many others, reap the benefits of advanced networked communications exponentially each year. However, where just a decade ago access to low bandwidth telephone facilities met our communications needs, today many people, businesses and other organizations require the ability to transmit and receive large amounts of data quickly--as part of electronic commerce, distance learning, telemedicine, and even for mere access to many web sites. This need will only continue to grow. In the near future, access to broadband services will be as critical as having a telephone.
Over the last several years, companies have built networks that meet today's broadband need as fast as they can. Even with the recent downturn in the telecommunications industry, technology companies continue to roll out the current generation of broadband facilities in urban and suburban areas. They continue to tear up streets to install fiber optics, convert cable TV facilities to broadband telecom applications and develop innovative new DSL technologies. As the economy improves, these companies will greatly expand the rate of deployment of these and other technologies for urban and suburban consumers providing them access to the cutting-edge technologies and services.
Other areas of this country are not as fortunate. In rural and inner city areas access to even the current generation of broadband communications is limited. Investment continues to lag behind wealthier urban and suburban communities. This imbalance has only been exacerbated due to the telecommunications industry's recent financial troubles. In fact, only a limited number of broadband providers exist outside the prosperous areas of big cities and suburban areas nationwide. A few positive signs are occurring though. Small rural telecommunications companies are slowly expanding into providing these services. They are limited in their ability to provide these services because of the expense of installing the infrastructure. This is because in many cases rural areas are more expensive to serve, terrain is difficult and populations are widely dispersed. Importantly, many of our current broadband technologies cannot serve people who live more than eighteen thousand feet from a phone company's central office-- which is the case for most rural Americans. In inner cities, companies may believe that lower household income levels will not support a market for their services, so they choose not to invest in these communities. This is a classic situation of market failure that we must address.
The implications for the country if we allow this broadband disparity to continue are alarming. People and businesses in well served communications and computing regions, often located in prosperous urban and suburban communities, will be able to build upon the inherent advantages of a networked economy. People and businesses in other areas, often in rural areas as in inner cities, including many areas in my State of West Virginia, would continue to be at an economic and educational disadvantage.
We have seen how savvy businesses have crushed their competitors who failed to take advantage of technological innovations, businesses in infrastructure-rich areas that already have an advantage, ultimately could crush competitors in infrastructure-poor areas. This is equally true for rural and inner city students, workers trying to gain new skills, and regular individuals who want to participate in the information-based New Economy compete against their non-rural peers. The result could be devastating for Americans who live in rural areas or in our inner cities: job loss, tax revenue loss, brain drain, and business failure concentrated in their communities.
Denying Americans who live in rural areas and inner cities a chance to participate in our information-based global economy is also bad for the national economy. Businesses will be forced to locate their operations and hire their employees in urban locations that have adequate broadband infrastructure, rather than in rural or inner city locations that are otherwise more efficient due to the location of their customers or suppliers, a stable or better workforce, and cheaper production environments. It is not an understatement to say that the deployment of technology could fundamentally transform the future of rural and inner city America.
We have to make a decision on whether or not rural and inner city communities are going to have the same opportunities as their wealthier urban and suburban counterparts. I, along with many of my colleagues, believe they should and must. The Broadband Internet Access Act of 2003 would address this disparity.
The Act would give companies the incentive to build current generation broadband facilities in rural areas by using a very targeted tax credit. It would offer any company that invests in broadband facilities in rural or inner city areas a tax credit equal to ten percent of their investments over the next 5 years. This tax credit will help fight the growing disparity in technology that I just described. The credit is also restricted to investments needed for high-speed broadband telecommunications services. This means that only powerful broadband services are covered. Companies cannot claim that inferior services qualify for the credit. Only facilities that can download data at a rate of speed of 1.0 megabytes per second, and upload data at 180 kilobytes per second qualify. These speeds will allow the broadest possible number of technologies to be eligible for the credit.
In addition, the bill provides a 20 percent tax credit for companies that invest in next generation broadband services. These powerful new services that can deliver data capacities of 22 megabytes per second download and 5 megabytes per second upload will be the infrastructure the economy requires as the digital economy expands. We need to reward the companies who have the foresight to invest in these next generation broadband services--they will benefit the whole country. These limited credits will provide the market the ability to affordably and profitably serve rural and inner city communities.
The Broadband Internet Access Act of 2003 is part of the solution to the critically important digital divide problem. Rural Americans and Americans living in inner cities must have the chance to participate in the technological revolution that shows no signs of abating. Without access to broadband services they will not have this chance. I hope that the Members of this body will support this important bill.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I am pleased to join today with Senators Warner, Lugar, Mikulski and Durbin in introducing legislation that would extend the legislative authority for the Martin Luther King, Jr.…
Mr. President, I am pleased to join today with Senators Warner, Lugar, Mikulski and Durbin in introducing legislation that would extend the legislative authority for the Martin Luther King, Jr. Memorial for an additional three years. The monument to Martin Luther King, Jr., which will be built on the Mall, will honor one of this Nation's most treasured citizens. Dr. King challenged us to live by the principles set forth at this Nation's inception, and forever changed the fabric of this country.
Despite the enormous dedication of the Martin Luther King, Jr. National Memorial Project Foundation, Inc., additional time is necessary for the Foundation to erect a fitting tribute to Dr. King. The Commemorative Works Act currently requires that construction of the Memorial begin by November 2003. However, meeting the administrative procedures and fundraising requirements of the Act has been a very slow process.
On November 12, 1996, legislation was enacted authorizing construction of the Memorial within a seven-year period. It then took Congress another two years to pass legislation authorizing placement of the Memorial in Area I of the Capital. Then the Foundation worked with the National Capital Planning Commission and the Commission for Fine Arts for over a year to locate an appropriate site for the Memorial within Area I. As a result, the Foundation was unable to select a design for the Memorial until September 2000.
This consultative process has been challenging, but it has resulted in a design for a Memorial on the Tidal Basin that will fittingly reflect the legacy of the greatest civil rights leader of our time. Initial estimates indicate that the construction costs of the Memorial alone could be as much as $60 million, and the Foundation is actively engaged in fundraising for the Memorial. However, it does not expect to have the necessary funds to receive the construction permit by the deadline of November 2003 as dictated by the Commemorative Works Act. One hundred percent of the funding must be privately financed, and the total cost of the project could near $100 million. Our legislation would give the Foundation an additional three years to raise the necessary funds to obtain the construction permit, and would ensure that work on the Memorial is completed. This extension of legislative authority has been done before for other memorials, given the length of time it usually takes to embark on a project of this magnitude, and it should be done for the Martin Luther King, Jr. Memorial.
Dr. King serves as a reminder that change is brought about most powerfully when it is done by non-violent means. This country owes much to Dr. King, most notably his legacy of non-violent protest that has informed and influenced subsequent rights campaigns in our nation. Visitors will come to the Memorial from every part of this country and indeed the world, to be inspired anew by Dr. King's words and deeds, and the extraordinary story of his life. Mr. President, I ask my colleagues to support this important legislation and grant the Foundation the additional time it needs to complete this significant monument.
I ask unanimous consent that the text of the legislation be printed in the Record.
Mr. President, today I am once again introducing legislation together with Senators Warner, Campbell, Murray, Clinton, Sessions, Hutchison and Miller which would grant a Federal Charter to the Korean War Veterans Association, Incorporated. This legislation, which has passed the Senate in the past two Congresses, recognizes and honors the 5.7 million Americans who fought and served during the Korean War for their struggles and sacrifices on behalf of freedom and the principles and ideals of our nation.
For the past three years, under the direction of Public Law 105-85, we have been marking the 50th Anniversary of the events of the Korean War--beginning with the events of June 1950 when the North Korea People's Army swept across the 38th Parallel to occupy Seoul, South Korea. Members of our Armed Forces--including many from the State of Maryland--immediately answered the call of the U.N. to repel this forceful invasion. Without hesitation, these soldiers traveled to an unfamiliar corner of the world to join an unprecedented multi-national force comprised of 22 countries and risked their lives to protect freedom. The Americans who led this international effort were true patriots who fought with remarkable courage.
In battles such as Pork Chop Hill, the Inchon Landing and the frozen Chosin Reservoir, which was fought in temperatures as low as fifty- seven degrees below zero, they faced some of the most brutal combat in history. This year, on July 27, we will commemorate the 50th Anniversary of the signing of the Military Armistice Agreement which officially ended armed hostilities. By the time the fighting had ended, 8,177 Americans were listed as missing or prisoners of war--some of whom are still missing--and over 36,000 Americans had died. One hundred and thirty-one Korean War Veterans were awarded the nation's highest commendation for combat bravery, the Medal of Honor. Ninety-four of these soldiers gave their lives in the process.
There is an engraving on the Korean War Veterans Memorial which reflects these losses and how brutal a war this was. It reads, ``Freedom is not Free.'' Yet, as a Nation, we have done little more than establish this memorial to publicly acknowledge the bravery of those who fought in the Korean War. The Korean War has been termed by many as the ``Forgotten War.'' Freedom is not free. We owe our Korean War Veterans a debt of gratitude. Granting this Federal charter--at no cost to the government--is a small expression of appreciation that we as a Nation can offer to these men and women, one which will enable them to work as a unified front to ensure that the ``Forgotten War'' is forgotten no more.
The Korean War Veterans Association was originally incorporated on June 25, 1985. Since its first annual reunion and memorial service in Arlington, Virginia, where its members decided to develop a national focus and strong commitment to service, the association has grown substantially to a membership of approximately 19,000. A Federal charter would allow the Association to continue and grow its mission and further its charitable and benevolent causes. Specifically, it will afford the Korean War Veterans' Association the same status as other major veterans organizations and allow it to participate as part of select committees with other congressionally chartered veterans and military groups. A Federal charter will also accelerate the Association's ``accreditation'' with the Department of Veterans Affairs which will enable its members to assist in processing veterans' claims.
The Korean War Veterans have asked for very little in return for their service and sacrifice. I urge my colleagues to join me in supporting this legislation and ask that the text of the measure be printed in the Record.
Mr. President, faced with uncertainties in electricity energy markets, turmoil in the Mideast, the need to cut back on the fossil fuel emissions linked to global warming, air pollution that…
Mr. President, faced with uncertainties in electricity energy markets, turmoil in the Mideast, the need to cut back on the fossil fuel emissions linked to global warming, air pollution that contributes to high rates of asthma and fills even our national parks with smog, the United States must diversify its energy supply by promoting the growth of renewable energy.
Since 1999, Las Vegas electricity rates have increased by 60 percent. In the same period, natural gas prices across Nevada have doubled. We need to change the energy equation. We need to diversify the Nation's energy supply to reduce volatility and ensure a stable supply of electricity. We must harness the brilliance of the sun, the strength of the wind, and the heat of the Earth to provide clean, renewable energy for our nation.
I rise today to introduce a bill with Senators Smith, Snowe, Cantwell, Harkin, Liberman, Feinstein, Jeffords, and Wyden expands the existing Section 45 production tax credit for renewable energy resources to cover all renewable energy resources. Our legislation accomplishes this by adding geothermal, incremental geothermal, solar, open-loop biomass, incremental hydropower, landfill gas, and animal waste to the list of renewable energy resources that would quality for a production tax credit.
Our legislation also makes the production tax credit permanent to signal America's long-term commitment to renewable energy resources. The existing production tax credit that covers wind energy, poultry waste, and closed-look biomass will expire at the end of 2003! Since it inception in 1992, the production tax credit has expired and been renewed twice; in 1999 and 2001. Development of wind energy has closely mirrored these renewal cycles. Clearly, the private investment necessary to develop renewable energy resources requires the business certainly afforded a long-term extension of the production tax credit.
Our bill allows for co-production credits to encourage blending of renewable energy with traditional fuels and provides a credit for renewable facilities on native American and native Alaskan lands. In northern Nevada, the Pyramid Lake Paiute Tribe is working with Advanced Thermal Systems to develop geothermal resources on Indian lands that will spur economic development by creating business opportunities and jobs for tribal members.
This legislation also provides production incentives to not-for- profit public power utilities and rural electric cooperatives, which serve 25 percent of the Nation's power customers, by allowing them to transfer of their credits to taxable entities.
The good news is that the production tax credit for renewable energy resources really works to promote the growth of renewable energy. In 1990, the cost of wind energy was 22.5 cents per kilowatt hour and, today, with new technology and the help of a modest
production tax credit, wind is a competitive energy source at 3 to 4 cents per kilowatt hour. In the last 5 years, wind energy has experience a 30 percent growth rate. This year, Nevada utilities have signed contracts for more then 130 MW of wind energy.
The production tax credit provides 1.8 cents for every kilowatt-hour of electricity produced. Similar to wind energy, this credit will allow geothermal energy, incremental hydropower, and landfill gas to immediately compete with fossil fuels, while biomass will follow closely behind. The Department of Energy estimates that we would increase our geothermal energy production almost ten fold, supplying ten percent of the energy needs of the West. As fantastic as it sounds, enough sunlight falls on a 100 mile by 100 miles of southern Nevada that--if covered with solar panels--could power the entire Nation.
Let's never lose sight of the fact that renewable energy resources are domestic sources of energy, and using them instead of foreign sources contributes to our energy security. Renewables provide fuel diversify and price stability. After all, the fuel--the wind, the sun, heat from the core of the earth--costs nothing. And they provide jobs, especially in rural areas that have been largely left out of American recent economic growth.
The production tax credit for renewable energy resources is a powerful, fast acting stimulus to the economy. According to the Western Government Association, the Department of Energy's Initiative to deploy 1,000 MWs of concentrated solar power in the Southwestern area of the United States by the year 2006 would create approximately 10,0000 jobs and estimated expenditures of more than 3.7 billion over 14 years. Nevada has already developed 200 Megawatts of geothermal power, with a longer-term potential of more than 2,500 Megawatts. This development will provide billions of private investment and create thousands of jobs. Our production tax credit means immediate economic development and jobs!
In the U.S. today, we get less than 3 percent of our electricity from renewable energy sources like wind, solar, geothermal, and biomass. But the potential for much greater supply is here. For example, Nevada is considered the Saudi Arabia of geothermal. My state could use geothermal energy to meet one-third of its electricity needs, but today this source of energy only supplies 2.3 percent. I'm proud to say that Nevada has adopted one of the most aggressive Renewable Portfolio Standard in the Nation, requiring that 5 percent of the State's electricity needs be met by renewable energy resources in 2003, which then grows to 15 percent by 2013.
After pouring billions of dollars into oil and gas, we need to invest in a clean energy future. Fossil fuel plants pump over 11 million tons of pollutants into our air each year. Federal energy policy must promote reductions in greenhouse gas emissions. By including landfill gas in this legislation, we systematically reduce the largest single human source of methane emissions in the United States, effectively eliminating the greenhouse gas equivalent of 223 million tons of carbon dioxide.
An article in The Journal of the American Medical Association revealed an alarming link between soot particles from power plants and motor vehicles and lung cancer and heart disease. The adverse health effects of power plant and vehicle emissions cost Americans billions of dollars in medical care, and our cost in human suffering is immeasurable. Simply put, the human cost of dirty air is staggering. If we factor in environmental and health effects, the real cost of energy becomes apparent, and renewable energy become the fuel of choice.
America's abundant and untapped renewable resources can fuel our journey into a more prosperous and safer tomorrow without compromising air and water quality.
Renewable energy is the cornerstone of a successful, forward looking, and secure energy policy for the 21st Century.
Mr. President, today I rise to introduce legislation reauthorizing the Museum and Library Services Act. I am joined in this effort by Senator Reed, Senator Frist, Senator Kennedy, Senator Enzi, and…
Mr. President, today I rise to introduce legislation reauthorizing the Museum and Library Services Act. I am joined in this effort by Senator Reed, Senator Frist, Senator Kennedy, Senator Enzi, and several other colleagues of mine. Libraries and museums serve as important cultural institutions in communities throughout our Nation, and this legislation will provide them with continued Federal support through innovative grant programs administered by the Institute of Museum and Library Services.
Specifically, this bill authorizes $250 million for libraries and $41.5 million for museums in 2004, and such sums as necessary in 2005 through 2009. In addition, it authorizes a doubling of the minimum state allotment under the Grants to State Library Agencies Program, up to $680,000. That provision, coupled with the expected increase in appropriations for 2004, will greatly benefit New Hampshire's libraries.
The bill contains a number of other important provisions. Recognizing the important of school libraries, it requires that the Institute's library activities be coordinated with the school library provisions of the No Child Left Behind Act. My bill also prohibits projects determined to be obscene from receiving Federal funds, requires the Institute to conduct analyses of the need for museum and library services and the effectiveness of funded projects in meeting those needs, consolidates the library and museum advisory boards into one entity, and prohibits funds appropriate under the Act's authority from being used for library or museum construction.
furthermore, this bill increases the indemnity limits in the Arts and Artifacts Indemnity Act, thereby facilitating the international exchange and display of works of art, books, rare documents and other published materials, artifacts, and films and other audiovisual media. This will ensure that people throughout the world are exposed to American culture and that our own citizens will have richer educational opportunities available as well.
I want to thank Senator Reed for his leadership on this issue, as well as Senator Frist, Senator Kennedy, and Senator Enzi, particularly. Together we have crafted a bipartisan bill that will serve our museums and libraries well in the coming years. I expect to move this bill through the HELP Committee soon, and look forward to its speedy passage.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today I rise to introduce, along with my colleagues Senator Enzi and Senator Cochran, the Higher Education Technical Amendments Act of 2003. This legislation makes several technical and non-controversial changes to the Higher Education Act, HEA, and is designed to expand access to higher education, provide relief from burdensome legal requirements, improve the financial aid process, and bring greater clarity to the law.
My bill provides for the re-enactment of two provisions in the HEA that expired at the end of the last fiscal year, and which are of great importance to students, their families, and schools. These provide schools having low student loan default rates with exemptions from the requirement that loan proceeds be disbursed in multiple installments, and the requirement that the disbursement of loan proceeds to first- time undergraduate borrowers be delayed for 30 days after classes start. Thousands of institutions of higher education across America have traditionally counted on these exemptions to save them time and money in the disbursement of their limited financial aid resources. These provisions should also serve as an incentive for schools to keep their default rates low. At a time when both student and institutional budgets are being squeezed, we should do what we can to provide them with relief.
Furthermore, this legislation provides for greater access to federal financial aid for those students participating in distance education programs. Specifically, it provides a waiver to the rule that a school having a 50 percent or more of its students or 50 percent or more of its courses in distance education is ineligible for the Title IV student aid programs. Schools eligible for the waiver must already be participating in the programs and must have low cohort default rates.
This bill will also clarify that the HEA provision that limits the aid eligibility of a student convicted of one or more drug offenses applies only to those offenses that occur while the student is in school and receiving aid. Thus, students who may have had drug problems in the past but who want to turn their lives around through postsecondary education will be able to do so.
The bill makes a number of other beneficial changes to the HEA. Most notably, it: Helps protect home-schooled students by making it clear that institutions of higher education will not lose their institutional eligibility for Federal financial aid by admitting home-schooled students; clarifies the Federal policy on the return of financial aid funds when students withdraw, to better protect students' grant aid; removes barriers to students seeking forbearance from lenders on student loan payments, by eliminating the requirement that new agreements between lenders and borrowers be in writing; instead, the bill allows a lender to accept a request for forbearance over the telephone, as long as a confirmation notice of the agreement reached is provided to the borrower and the borrower's file is updated; makes clear that under the Thurgood Marshall Legal Educational Opportunity Program, the U.S. Department of Education can provide scholarship aid to low-income and minority students to prepare for and attend law school; eases requirements for Hispanic-Serving Institutions, HSIs, by allowing them to apply for federal HSI grants without waiting two years between applications; corrects a drafting error in current law that mistakenly bars students attending certain nonprofit schools of veterinary medicine from eligibility for the Federal Family Education Loan Program; requires the GAO to conduct a study on how institutions of higher education report teacher pass rates on state certification exams; allows financial aid administrators to use ``professional judgment'' to adjust a student's financial need in cases where the student is a ward of the court; and expands the use of technology to provide voter registration material directly to students in a timely manner.
The Higher Education Technical Amendments of 2003 will provide important benefits to our Nation's postsecondary students. I urge my colleagues to support this legislation.
Mr. President, today, I am joined by Senators Breaux, Durbin, Leahy, Harkin and Johnson in introducing legislation to extend the current federal wind energy production tax credit, PTC, for an…
Mr. President, today, I am joined by Senators Breaux, Durbin, Leahy, Harkin and Johnson in introducing legislation to extend the current federal wind energy production tax credit, PTC, for an additional five years. This tax credit is scheduled to expire at the end of the year. A long-term extension of the credit will give wind energy developers the certainty they need to grow this important domestic industry with its seemingly limitless energy potential.
One of the most promising alternative energy sources on this country's horizon comes from one of nature's most abundant assets: the wind. Over 2,000 megawatts of new wind energy capacity has been added to the nation's electricity grid in just the last 2 years. This new wind generation has pumped over $2 billion into the struggling economy.
Congress has helped promote wind energy by making significant financial investments in Federal research and private-sector development over the last decade. Among other things, Congress has provided a Federal income tax credit for facilities that produce electricity from wind, which allows them to bring state-of-the-art wind turbines to the marketplace at a competitive rate.
More and more utilities that have produced electricity from traditional fossil fuels are now looking to wind energy and other alternative energy sources to meet a larger share of this country's future energy demands. Soaring oil and natural gas prices also remind us of the importance of reducing our reliance on foreign energy sources and keeping a diverse energy supply here at home.
However, despite broad bipartisan congressional support for the wind energy production tax credit, its fate remains cloudy. As I mentioned, the wind energy tax credit is scheduled to expire at the end of the year. Congress will surely extend the credit. But we can't wait until the last day of the session--or even later--to do so.
Unfortunately, this is not merely polemics. Congress has twice allowed the PTC to expire. First, Congress allowed it to expire in July 1999 and failed to reinstate it until December 1999. As a result, wind energy investments plummeted from 661 megawatts installed in 1999 to only 53 megawatts in 2000. Inexplicably, the Congress let the PTC expire a second time--at the end of 2001--and did not reinstate the credit until March of the following year. This failure contributed to another major drop in wind investments dropping from 1696 megawatts installed in 2001 to just 410 megawatts in 2002.
Today, wind energy industry officials tell me that if we do not extend the production tax credit by mid-year, thousands of jobs and billions of dollars in economic activity would be lost. And this shouldn't come as a surprise to my Senate colleagues. For many years, wind energy developers have told us that one of the major stumbling blocks to greater deployment of new wind technologies is the continued uncertainty surrounding the availability of the wind energy production tax credit. Even so, we still provided for just another short-term extension of the tax credit last March. A few short months from now, financial lenders will stop providing needed capital to new wind initiatives. As a result, projects already underway will quickly come to a halt, while new projects will be shelved. Many developers will simply be unable to build and purchase equipment and secure the financing that is needed to bring wind turbine generators on-line by year's end.
When the tax credit last expired, I heard from manufacturers in my state and across the nation about impending layoffs, because of the lack of certainty at that time. A tower developer in my state of North Dakota has again laid off 17 workers, because of the uncertainty this industry still faces, due to the soon-to-expire tax credit. We can help eliminate this uncertainty by extending the production tax credit for a longer term.
If we fail to act promptly to extend the tax credit this time around, North Dakota's wind energy industry would suffer another serious economic blow. I am told that DMI Industries, a major producer of wind turbine towers in North Dakota, would experience a 40-percent drop in business activity, resulting in some $15 million in lost revenue. The company's plan to expand its operation by 75 employees in 2004 would also be derailed. Delay in extending the production tax credit would mean that 100-125 new jobs would not be created in the coming year by LM Glasfiber, which is a major blade manufacturer in Grand Forks.
There is a great deal of discussion in Washington, D.C. about passing a stimulus package to provide a needed boost to our ailing economy. This very effort would be needlessly undermined if we fail to extend the wind energy production tax credit in a timely manner and make it available over the long term.
In North Dakota, we put up several wind turbines last year and launched an 80-megawatt project for North Dakota and South Dakota. At a time when this industry is just beginning to ramp up in the Great Plains, it would be foolish to thwart these efforts by failing to extend this wind energy production tax credit for sufficient time to get substantial new projects off the design boards and up and running.
Again, the bill I'm introducing today would extend the current production tax credit for qualifying wind facilities that are placed in service on or before December 31, 2008. The wind energy production tax credit has enjoyed strong bipartisan support in both the Senate and the House of Representatives in previous years, so we should be able to pass this legislation quickly this year.
I urge my Senate colleagues to cosponsor this legislation and work with me to get it enacted into law as soon as
possible. If we fail to act promptly, many new wind energy initiatives will come to a halt at a time when this country can least afford it.
Mr. President, today, I am joined by Senators Breaux, Durbin, Leahy, Harkin and Johnson in introducing legislation to extend the current federal wind energy production tax credit, PTC, for an…
Mr. President, today, I am joined by Senators Breaux, Durbin, Leahy, Harkin and Johnson in introducing legislation to extend the current federal wind energy production tax credit, PTC, for an additional five years. This tax credit is scheduled to expire at the end of the year. A long-term extension of the credit will give wind energy developers the certainty they need to grow this important domestic industry with its seemingly limitless energy potential.
One of the most promising alternative energy sources on this country's horizon comes from one of nature's most abundant assets: the wind. Over 2,000 megawatts of new wind energy capacity has been added to the nation's electricity grid in just the last 2 years. This new wind generation has pumped over $2 billion into the struggling economy.
Congress has helped promote wind energy by making significant financial investments in Federal research and private-sector development over the last decade. Among other things, Congress has provided a Federal income tax credit for facilities that produce electricity from wind, which allows them to bring state-of-the-art wind turbines to the marketplace at a competitive rate.
More and more utilities that have produced electricity from traditional fossil fuels are now looking to wind energy and other alternative energy sources to meet a larger share of this country's future energy demands. Soaring oil and natural gas prices also remind us of the importance of reducing our reliance on foreign energy sources and keeping a diverse energy supply here at home.
However, despite broad bipartisan congressional support for the wind energy production tax credit, its fate remains cloudy. As I mentioned, the wind energy tax credit is scheduled to expire at the end of the year. Congress will surely extend the credit. But we can't wait until the last day of the session--or even later--to do so.
Unfortunately, this is not merely polemics. Congress has twice allowed the PTC to expire. First, Congress allowed it to expire in July 1999 and failed to reinstate it until December 1999. As a result, wind energy investments plummeted from 661 megawatts installed in 1999 to only 53 megawatts in 2000. Inexplicably, the Congress let the PTC expire a second time--at the end of 2001--and did not reinstate the credit until March of the following year. This failure contributed to another major drop in wind investments dropping from 1696 megawatts installed in 2001 to just 410 megawatts in 2002.
Today, wind energy industry officials tell me that if we do not extend the production tax credit by mid-year, thousands of jobs and billions of dollars in economic activity would be lost. And this shouldn't come as a surprise to my Senate colleagues. For many years, wind energy developers have told us that one of the major stumbling blocks to greater deployment of new wind technologies is the continued uncertainty surrounding the availability of the wind energy production tax credit. Even so, we still provided for just another short-term extension of the tax credit last March. A few short months from now, financial lenders will stop providing needed capital to new wind initiatives. As a result, projects already underway will quickly come to a halt, while new projects will be shelved. Many developers will simply be unable to build and purchase equipment and secure the financing that is needed to bring wind turbine generators on-line by year's end.
When the tax credit last expired, I heard from manufacturers in my state and across the nation about impending layoffs, because of the lack of certainty at that time. A tower developer in my state of North Dakota has again laid off 17 workers, because of the uncertainty this industry still faces, due to the soon-to-expire tax credit. We can help eliminate this uncertainty by extending the production tax credit for a longer term.
If we fail to act promptly to extend the tax credit this time around, North Dakota's wind energy industry would suffer another serious economic blow. I am told that DMI Industries, a major producer of wind turbine towers in North Dakota, would experience a 40-percent drop in business activity, resulting in some $15 million in lost revenue. The company's plan to expand its operation by 75 employees in 2004 would also be derailed. Delay in extending the production tax credit would mean that 100-125 new jobs would not be created in the coming year by LM Glasfiber, which is a major blade manufacturer in Grand Forks.
There is a great deal of discussion in Washington, D.C. about passing a stimulus package to provide a needed boost to our ailing economy. This very effort would be needlessly undermined if we fail to extend the wind energy production tax credit in a timely manner and make it available over the long term.
In North Dakota, we put up several wind turbines last year and launched an 80-megawatt project for North Dakota and South Dakota. At a time when this industry is just beginning to ramp up in the Great Plains, it would be foolish to thwart these efforts by failing to extend this wind energy production tax credit for sufficient time to get substantial new projects off the design boards and up and running.
Again, the bill I'm introducing today would extend the current production tax credit for qualifying wind facilities that are placed in service on or before December 31, 2008. The wind energy production tax credit has enjoyed strong bipartisan support in both the Senate and the House of Representatives in previous years, so we should be able to pass this legislation quickly this year.
I urge my Senate colleagues to cosponsor this legislation and work with me to get it enacted into law as soon as
possible. If we fail to act promptly, many new wind energy initiatives will come to a halt at a time when this country can least afford it.
Mr. President, I am pleased today to introduce the Supporting Success for High Need Students Act, and I thank Senator Collins and Senator Kennedy for joining me in offering this legislation. In…
Mr. President, I am pleased today to introduce the Supporting Success for High Need Students Act, and I thank Senator Collins and Senator Kennedy for joining me in offering this legislation. In recent years, I have come to this floor many times to talk about special education, often in the context of the need to fully fund the Individuals with Disabilities Act, or IDEA as it is often known.
Mandatory full funding of IDEA is an important issue that should have been settled many years ago. The Federal Government should be meeting the commitment it made over 25 years ago to fund 40 percent of the excess cost of special education. Two years ago, this body finally recognized that reality and passed an amendment to the Elementary and Secondary Education Act that would have fulfilled that promise for students, schools, districts and States struggling to make up where we fall short. I was disappointed that the President made it clear that he did not support funding this long-standing mandate, and that the House voted not to accept the Senate amendment. At that time I voiced my commitment to continuing to fight to provide the full funding that is long overdue, and I will continue that fight. Unfortunately though, there is a small minority of
students whose educational needs will not be adequately supported even when IDEA is fully funded.
High-need students, whose disabilities may make education an extremely expensive endeavor, must nonetheless have the services and supports they need to receive a full, appropriate public education. Children who are severely autistic or have severe developmental disabilities, for example, may need special facilities, equipment, educational tools, medical services, professional individualized attention and other resources in order to get the education they need to succeed. These needs often far exceed those of most students with disabilities, and so do their costs. The National Center for Education Statistics estimates that the average per pupil expenditure to educate a child in the United States was $7,156 in the 2000-01 academic year. The cost of educating a high-needs student can far exceed that. Costs occasionally exceed $150,000 per year--more than 20 times the average-- to provide students with disabilities the education they need. However, no price is too high to fulfill the civil rights of America's children.
With so many Americans out of work, and State and local budgets squeezed to the brink of disaster, these costs can be a prohibitive burden for school districts to shoulder. Small, rural school districts or districts near specialized medical facilities--which are often in our major cities, but can be in unexpected locations such as near a major military base--are most heavily impacted by these costs. But in the right combination of circumstances, such as a family with quadruplets who are all severely developmentally delayed, any district can feel the pinch of the costs incurred from educating these high-need children.
I know that educators, administrators and elected officials at every level want to do the right thing. They are trying to give students with disabilities the best education they can. But too often, they simply lack the resources to do so, or they find themselves faced with a no- win situation--choosing between implementing an after school program for the entire district or funding one high-need student's Individualized Education Plan. The losers in this equation are the students--with or without disabilities--their parents, and our society as a whole. The resulting tensions do a grave disservice to our communities.
The bill I am introducing today--the Supporting Success for High Need Students Act of 2003--is a carefully crafted bill that would address this problem. This legislation adds funding to IDEA targeted specifically for high-need students. It authorizes $750 million in fiscal year 2004 for grants to be administered by the States. This funding would be allocated to the States using the same formula that apportions funding for IDEA part B. If a high-need student's education costs more than four times the average per pupil expenditure, the school district would be able to apply for a grant to offset those costs. I believe that we should preserve incentives for school districts to manage those costs, so my bill would allow districts to recover three-quarters of the costs above that 400 percent threshold to educate high-needs students. Districts could not be reimbursed with these funds for any legal costs incurred through due process proceedings, or costs that should be reimbursed by Medicaid. The funds would only cover education and related services included in an appropriately formulated Individualized Education Plan.
To illustrate, let's assume that four times the average per pupil expenditure is $25,000. If a school district were serving a student whose education cost $45,000 a year, that district could recoup about $15,000 from the State grant. If a district were serving a student whose education cost $225,000, that district could recoup about $150,000. This bill would not make up all the additional costs of educating high-need students, but it would give struggling districts a much-needed lifeline by making them a lot more manageable.
It has often been noted that the moral test of a society is how it cares for its weakest members. It is the government's appropriate role and duty to protect the basic human dignity of all its citizens to ensure that even the neediest among us have a fair opportunity to realize their dreams and potential. That is why we passed the special education law over 25 years ago, and that is why we should pass the Supporting Success for High Need Students Act his year.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise to introduce the ``State and Local Reservist First Responders Assistance Act of 2003.'' My bill would reimburse State and local governments for the additional costs they incur…
Mr. President, I rise to introduce the ``State and Local Reservist First Responders Assistance Act of 2003.'' My bill would reimburse State and local governments for the additional costs they incur when their first responders who also serve in the National Guard or the Reserves are called to active duty for 6 or more months.
I am pleased to have as original cosponsors of my bill Senators Clinton, Corzine, Daschle, Leahy, Mikulski, Sarbanes, and Schumer.
The 1.2 million men and women who serve in the Guard and the Reserves are a crucial component of our military. They account for just 8.3 percent of the Defense budget but give us the capability, if necessary, or nearly doubling our Armed Forces personnel.
Not surprisingly, many police, fire, rescue, emergency medical service, and emergency hazardous material disposal personnel serve in the Guard and the Reserves. More and more of these men and women are being called to active duty for longer and longer tours, especially now because of the war with Iraq.
It's critical that we bolster our military capabilities here and abroad. But we must not do it at the expense of our safety and security at home.
Increasingly, I am hearing from State and local officials who are concerned about the toll that Guard and Reserve call-ups are taking on emergency preparedness.
It can be a major problem in smaller towns where just a few call-ups can decimate a local fire or police department. The Town of Ridgewood, for instance, had a patrolman called up who also headed the EMS, emergency medical services. It is costing the town $200,000 to replace him.
Because of the recession that began in March 2001 and the effects of 9-11, State and local governments are financially strapped. We shouldn't leave them ``holding the bag'' when their first responders get called to active duty for months at a time.
My bill would establish a grant program to be administered by the U.S. Department of Homeland Security, DHS. State and local units of government could apply for grants to cover the unanticipated costs associated with replacing a first responder called to active duty for 6 months or more.
Reimbursable costs could include the salary and benefits associated with hiring a temporary replacement or the overtime paid to other emergency personnel who ``fill in'' for the first responder called to active duty.
If a jurisdiction does not pay its reservist and uses the savings to hire a temporary replacement or pay others overtime, those ``costs'' would not be reimbursable. Only net additional costs would be reimbursable.
My bill will help communities in my home State of New Jersey and across the country maintain their ability to respond to terrorist attacks, natural disasters, and other emergencies.
A logical question to ask regarding my bill is, ``How much does it cost?'' The candid answer is, ``I don't know.''
The bill authorizes the appropriation of ``such sums as may be necessary.''
The stipulation in the bill that the first responders must be called to active duty for 6 or more consecutive months is meant to keep the costs of the bill under control and to ensure that the grant program is administratively feasible.
I have tried, so far unsuccessfully, to get a handle on how many first responders have been called to active duty, and for how long. It appears that no one is really keeping track.
The anecdotal evidence of the need for my bill, however, is overwhelming.
According to the Department of Defense, there are a total of 221,186 Reservists and National Guardsmen and women on active duty right now. Many of them, obviously, are first responders.
According to the Police Executive Research Forum, PERF, 452 of 1002 law enforcement agencies and departments across the country surveyed so far have lost personnel to call-ups.
The Democratic Leadership Council, DLC, has determined that 27 of the 44 police departments it has surveyed are experiencing personnel shortfalls caused, in part, by military call-ups.
Of the remaining 17 departments, 15 are in danger of being hurt by call-ups.
According to the DLC, ``About 5 percent of the officers in these departments are reservists or members of the National Guard--and many are already being called up for service in the wars against terrorism, Afghanistan, and Iraq. On average, the activation of only 30 percent of these reserves would cause a personnel shortage in these departments.''
The DLC report, entitled ``Cop Crunch'' and previewed in the March/ April issue of Blueprint, lists the following ten jurisdictions as most vulnerable to military call-ups: 1. Fresno, which has about 100 reservists who make up 14.4 percent of the force; 2. Virginia Beach, which has 90 reservists who make up 12.1 percent of the force; 3. Milwaukee, which has 110 reservists who make up 8.2 percent of the force; 4. Miami, which has 86 reservists who make up 8.0 percent of the force; 5. Memphis, which has 143 reservists who make up 7.5 percent of the force; 6. San Antonio, which has 151 reservists who make up 7.4 percent of the force; 7. Los Angeles, which has 650 reservists who make up 7.3 percent of the force; 8. Oklahoma City, which has 70 reservists who make up 6.8 percent of the force; 9. Wichita, which has 41 reservists who make up 6.7 percent of the force; and 10. New Orleans, which has 109 reservists who make up 6.7 percent of the force.
The DLC report also highlighted Baltimore's police department. The City has lost the equivalent of an entire police district, 150 officers, to active duty call-ups.
So, the need for my bill is obvious. State and local governments desperately need our help. We shouldn't put our own communities, our own citizens, at risk to win the war with Iraq.
Madam President, I am extremely pleased to join with my colleague Senator Santorum today to introduce the Workplace Religious Freedom Act of 2003. Senators Ensign, Mikulski, Smith, Murray, Hatch,…
Madam President, I am extremely pleased to join with my colleague Senator Santorum today to introduce the Workplace Religious Freedom Act of 2003. Senators Ensign, Mikulski, Smith, Murray, Hatch, Lieberman, Brownback, and Corzine have all joined us as original cosponsors of this important legislation.
The Workplace Religious Freedom Act would protect workers from on- the-job discrimination related to religious beliefs and practices. It represents a milestone in the protection of the religious liberties of all workers.
In 1972, Congress amended the Civil Rights Act of 1964 to require employers to reasonably accommodate an employee's religious practice or observance unless doing so would impose an undue hardship on the employer. This 1972 amendment, although completely appropriate, has been interpreted by the courts so narrowly as to place little restraint on an employer's refusal to provide religious accommodation. The Workplace Religious Freedom Act will restore the weight to the religious accommodation provision that Congress originally intended and help assure that employers have a meaningful obligation to reasonably accommodate their employees' religious practices.
The restoration of this protection is no small matter. For many religiously observant Americans the greatest peril to their ability to carry out their religious faiths on a day-to-day basis may come from employers. I have heard accounts from around the country about employers who will not make reasonable accommodations for employees to observe the Sabbath and other holy days, or for employees to wear religiously-required garb, such as a yarmulke, or for employees to wear clothing that meets religion-based modesty requirements.
The refusal of an employer absent undue hardship to provide reasonable accommodation of a religious practice should be seen as a form of religious discrimination, as originally intended by Congress in 1972. And religious discrimination should be treated as seriously as any other form of discrimination that stands between Americans and equal employment opportunities. Enactment of the Workplace Religious Freedom Act will constitute an important step toward ensuring that all members of society, whatever their religious beliefs and practices, will be protected from an invidious form of discrimination.
Even after September 11, 2001, with a heightened sense of religious sensitivity among the American people, securing greater protections for the religious needs of employees is a major issue. In October 2001, the U.S. Supreme Court refused to hear an appeal from a Muslim woman who was pressured by her employer to stop wearing her head scarf. We must come together now to pass this bipartisan legislation.
It is important to recognize that, in addition to protecting the religious freedom of employees, this legislation protects employers from an undue burden. Employees would be allowed to take time off only if their doing so does not pose a significant difficulty or expense for the employer. This common sense definition of undue hardship is used in the Americans with Disabilities Act and has worked well in that context.
We have little doubt that this bill is constitutional because it simply clarifies existing law on discrimination by private employers, strengthening the required standard for employers. This bill does not deal with behavior by State or Federal Governments or substantively expand 14th Amendment rights.
This bill is endorsed by a wide range of organizations including the Agudath Israel of America, American Jewish Committee, American Jewish Congress, Americans for Democratic Action, Anti-Defamation League, Baptist Joint Committee on Public Affairs, Bible Sabbath Association, B'nai B'rith International, Central Conference of American Rabbis, Christian Legal Society, Church of Scientology International, Council on Religious Freedom, Family Research Council, General Board of Church and Society The United Methodist Church, General Conference of Seventh- day Adventists, Guru Gobind Singh Foundation, Hadassah--WZOA, Institute on Religion and Public Policy, The Interfaith Alliance, International Association of Jewish Lawyers and Jurists, International Commission on Freedom of Conscience, International Fellowship of Christians and Jews, Islamic Supreme Council of America, Jewish Council for Public Affairs, Jewish Policy Center, NA'AMAT USA, National Association of Evangelicals, National Conference for Community and Justice, National Council of the Churches of Christ in the U.S.A., National Council of Jewish Women, National Jewish Democratic Council, National Sikh Center, North American Council for Muslim Women, Presbyterian Church (USA), Rabbinical Council of America, Republican Jewish Coalition, Sikh Council on Religion and Education, Sikh Mediawatch and Resource Task Force, Southern Baptist Convention Ethics and Religious Liberty Commission, Traditional Values Coalition, Union of American Hebrew Congregations, Union of Orthodox Jewish Congregations, United Church of Christ Office for Church in Society, and United Synagogue of Conservative Judaism.
I want to thank Senator Santorum for joining me to lead this effort. I look forward to working with him to pass this legislation so that all American workers can be assured of both equal employment opportunities and the ability to practice their religion.
Mr. President, today I am pleased to join concerned colleagues, both Republicans and Democrats, as well as concerned citizens, including Christians, Jews, Muslims, and Sikhs among many other faiths.…
Mr. President, today I am pleased to join concerned colleagues, both Republicans and Democrats, as well as concerned citizens, including Christians, Jews, Muslims, and Sikhs among many other faiths. We come together in support of a simple proposition. America is distinguished internationally as a land of religious freedom. It should be a place where people should not be forced to choose between keeping their faith and keeping their job. That is why I am joining with Senators Kerry, Ensign, Mikulski, Smith, Murray, Hatch, Lieberman, Brownback, and Corzine in introducing the bipartisan Workplace Religious Freedom Act.
This legislation provides a much needed, balanced approach to reconciling the needs of people of faith in the workplace. It recognizes that work and religion can be reconciled without undue hardship. Americans continue to be a religious people, many with a deep personal faith commitment. With this commitment comes personal religious standards which govern personal activity. For example, some Americans don't work on Saturdays, while others don't work on Sundays. Not because they're lazy or frivolous, but because their faith convictions call for a Sabbath day, requiring a day to be set aside as holy.
Similarly, some Americans need to wear a skullcap to work, or a head covering, or a turban. As a Nation whose great strength rests in diversity, surely we can protect such diverse yet simple and unobtrusive expressions of personal faith. Surely we're generous enough, and respecting enough as a Nation, to support others in genuine expressions of their faith. I am particularly anxious for the religious minorities, for the Muslims and the Jews and the others who are very small in number but great in conviction. In our increasingly diverse society, many remain among us who still hold to ancient, heartfelt principles governed by a deep personal belief. I submit to you they deserve the decency of respect which includes our protection in preserving their peaceful religious expressions. This is a core principle which cannot be compromised, because it speaks to the essence of who we are as a people committed to preserving freedom. Religious freedom is best protected and maintained by respecting the diversity of religious traditions, especially minority religions. The tragedy of September 11, 2001 has reminded us that religious pluralism is one the great strengths of this country and an example to much of the world.
In this land of religious freedom, one would hope that employers would spontaneously accommodate the religious needs of their employees whenever reasonable. That is, after all, what we do whenever possible here in Congress. For example, we don't conduct votes or hearings on certain holidays so that Members and staff can observe their religious holy days. While most private employers also extend this simple but important decency to their workers, some unfortunately do not.
Historically, Title VII of the Civil Rights Act of 1964 was meant to address conflicts between religion and work. On its face it requires employers to ``reasonably accommodate'' the religious needs of their employees as long as this does not impose an ``undue hardship'' on the employer. The problem is that our Federal courts have essentially read these lines out of the law by ruling that any hardship is an undue hardship. This is not right, nor does it hold with the spirit of this great Nation which was founded as a refuge for religious freedom. Thus, a Maryland trucking company can try to force a devout Christian truck driver to take a Sunday shift. A local sheriff's department in Nevada can tell a Seventh Day Adventist that she must work a Saturday shift if she wants to continue working for them.
The Workplace Religious Freedom Act will re-establish the principle that employers must reasonably accommodate the religious needs of employees such as these. This legislation is carefully crafted and strikes an appropriate balance between religious accommodation, while ensuring that an undue burden is not forced upon American employers. It is flexible and case-oriented on an individual basis. Thus, a smaller business with less resources and personnel would not be asked to accommodate religious employees in exactly the same fashion as would a large manufacturing concern.
I am proud of the fact that this is a bipartisan effort. I am proud that this legislation is supported by such a broad spectrum of groups ranging from the Christian Legal Society, the Union of Orthodox Jewish Congregations, the
Southern Baptist Convention, the National Council of Churches, the North American Council for Muslim Women, the Sikh Resource Taskforce, the Seventh Day Adventist Church, the American Jewish Committee and many others.
America is a great Nation because we honor not only the freedom of conscience--but also the freedom to exercise one's religion according to the dictates of that religious conscience. This liberty, known as the ``first freedom,'' is worthy of our continued vigilance. It should be supported from all quarters through religious accommodation in both the public and private sectors. This fundamental freedom is protected here in this legislation which re-establishes an appropriate balance between the demands of work and the principles of faith.
Mr. President, I rise today as the lead cosponsor of Senator Leahy's Omnibus Mercury Reduction Act of 2003 to ask support for our continued efforts to dramatically reduce mercury pollution that has…
Mr. President, I rise today as the lead cosponsor of Senator Leahy's Omnibus Mercury Reduction Act of 2003 to ask support for our continued efforts to dramatically reduce mercury pollution that has been shown to pose serious health risks, especially for pregnant women, and can cause irreversible nerve damage in young children.
This legislation responds to the Environmental Protection Agency's just released report on ``America's Children and the Environment: Measures of Contaminants, Body Burdens, and Illnesses'', which states that EPA remains concerned about children potentially exposed to mercury in the womb.
Mercury is among the least-controlled and most dangerous toxins threatening pregnant women and children from mercury exposure through the air and water in America today, and we need to continue the fight to pass a national approach to better control its use. Because mercury pollution knows no State borders, a national initiative is necessary to control it and better understand its health effects.
The Omnibus Mercury Emissions Reduction Act of 2003 would require the U.S. Environmental Protection Agency, EPA, to impose new restrictions on mercury emissions by utility power plants, coal and oil-fired commercial boilers, solid waste incinerators, and other sources of emissions. According to the EPA, an estimated 30 tons of mercury emissions per year come from municipal waste combustors because of the presence of mercury-containing items such as fluorescent lamps, fever thermometers, thermostats, and switches.
Our bill requires utility power plants and commercial boilers to reduce mercury emissions by 95 percent in five years, and requires the EPA to publish a list of mercury-containing items that need to be separated and removed from the waste streams that feed solid waste management facilities. The most effective way to reduce mercury emissions from incinerators is to reduce the volume of mercury- containing items before they reach the incinerator.
The bill would also expand research on the effects of mercury on sensitive subpopulations such as pregnant women and children, and it directs the EPA to work with the States to improve the quality and dissemination of State fish consumption advisories.
Even in Maine, where great efforts have been made to preserve clean air and water, mercury arrives as an unseen threat, carried in the air from hundreds of miles away and deposited in our lakes, rivers and coastal regions through rain and snowfall. This bill complements the steps Maine has taken to reduce mercury emissions, and by addressing what happens outside our borders, it also can ensure that Maine's actions will not be in vain.
Mercury is a dangerous toxin present in coal, which is burned to produce 65 percent of the nation's electricity, other fossil fuels, and various household and industrial products. When mercury is burned, fine particles are released and carried by precipitation back to earth, contaminating water bodies, fish, and wildlife, and ultimately posing a threat to humans. Nationwide, 39 States have issued warnings about eating certain fish in more than 50,000 bodies of water, up from 27 States in 1993.
While Maine ranks 49th among the least-polluting States in terms of mercury emissions, nearly all of its lakes are under health advisories due to airborne mercury pollution transported in air currents from other States. Because mercury is an element and cannot be destroyed, it cycles endlessly through the environment, necessitating control of the toxin at the source.
With the technology and resources available, we can and must find creative ways to substantially reduce mercury pollution, and this bill kicks that process into gear and will go a very long way toward removing this harmful toxin as a threat to human health and the environment.
In partnership with the Omnibus mercury bill, I am also a cosponsor of Senator Jeffords' Clean Power Act that calls for a 90 percent reduction of mercury from coal burning power plants by 2008. By 2009, the Jeffords bill also dramatically cuts aggregate power plant emissions of the three other major power plant pollutants: nitrogen oxides, NOx, the primary cause of smog, by 71 percent from 2000 levels; sulfur dioxide, SO2, that causes acid rain and respiratory disease, by 81 percent from 2000 levels; and carbon dioxide, CO2, the greenhouse gas most directly linked to global climate variabilities, by 21 percent from 2000 levels. Of note, the NOx, SO2, and mercury reductions are set at levels that are known to be cost effective with available technology.
I hope to work with my colleagues in the 108th Congress to see that provisions in these two bills are fully debated and policy is passed to protect our environment and our population from the ravages of these major air pollutants. We must move forward for the health of the unborn, the American public and the entire planet.
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 488 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 488
To amend the Internal Revenue Code of 1986 to provide a 5-year
extension of the credit for electricity produced from wind.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2003
Mr. Dorgan (for himself, Mr. Breaux, Mr. Durbin, Mr. Leahy, Mr. Harkin,
and Mr. Johnson) introduced the following bill; which was read twice
and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide a 5-year
extension of the credit for electricity produced from wind.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. 5-YEAR EXTENSION OF CREDIT FOR ELECTRICITY PRODUCED FROM
WIND.
Section 45(c)(3)(A) of the Internal Revenue Code of 1986 (relating
to wind facility) is amended by striking ``2004'' and inserting
``2009''.
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