Health Care Access for Small Businesses Act of 2003
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Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S5361-5363)
April 11, 2003
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Introduced in Senate
April 11, 2003
Sponsor introductory remarks on measure. (CR S5120-5121)
April 11, 2003
Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S5361-5363)
April 11, 2003
Floor Debate
23 membersWhat members said about S. 906 on the floor
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Floor Debate
23 membersWhat members said about S. 906 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.
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.
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.
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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 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, 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, 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.
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Mr. President, the tragic events of September 11, 2001, and the ongoing military action in Iraq have changed the way that our country thinks about defense policy, including about how we protect our…
Mr. President, the tragic events of September 11, 2001, and the ongoing military action in Iraq have changed the way that our country thinks about defense policy, including about how we protect our citizens here at home.
For that reason, it is vitally important that we fully implement section 1403 of Public Law 107-314, the Bob Stump National Authorization Act for Fiscal Year 2003, which requires the Secretary of Defense to establish an additional 23 Weapons of Mass Destruction Civil Support Teams, WMD-CSTs, and that at least one team be located in each State and territory of the United States.
WMD-CSTs are made up of 22 full-time National Guard personnel who are specially trained and equipped to deploy and assess suspected nuclear, chemical, biological, or other threats in support of local first responders. There are currently 32 full-time and 23 part-time WMD-CSTs across the country.
Chemical, biological, and other threats present new challenges to our military and to local responders. The WMD-CSTs play a vital role in assisting local first responders in investigating and combating these new threats. The September 11 terrorist attacks, and the terror alerts issued by the Department of Homeland Security, emphasize the need to have full-time WMD-CSTs in each State.
As the events of September 11 so clearly and tragically demonstrated, local first responders are on the front lines of combating terrorism and responding to other large-scale incidents. As we rethink the security needs of our country, we should support the creation of an additional 23 full-time WMD-CSTs as soon as possible. Establishing these additional full-time teams will improve the overall capability of Wisconsin and the other 18 States and 4 territories with part-time teams to prepare for and respond to potential threats to the future.
In light of the tragic events of September 11, the ongoing threat of terrorist activities, and the military action in Iraq, the presence of at least one WMD-CST in each State is all the more imperative.
The provisions included in last year's Defense authorization bill represent an important step forward in the effort to establish WMD-CSTs in each State and territory. My bill would build on this progress by including a deadline by which these teams have to be established and providing the resources necessary to staff, equip, train, and operate these teams.
The legislation that I introduce today, the Weapons of Mass Destruction Civil Support Team Implementation Act of 2003, would require the Secretary of Defense to fully implement section 1403 by September 30, 2004. The costs associated with setting up these new teams would be paid for by an across-the-board cut to the fiscal year 2004 procurement account.
I am pleased to be joined in this effort by the Senator from Vermont, Mr. Leahy, the Senator from Nevada, Mr. Reid, the Senator from Nebraska, Mr. Hagel, the Senator from South Dakota, Mr. Johnson, the Senator from Connecticut, Mr. Lieberman, the Senator from Maryland, Mr. Sarbanes, the Senator from Connecticut, Mr. Dodd, the Senior Senator from Wisconsin, Mr. Kohl, and the Senator from Vermont, Mr. Jeffords.
The terrorist attacks and the subsequent mobilization of tens of thousands of National Guardsmen and reservists, and the activation of hundreds of thousands of guardsmen and reservists for the military campaign in Iraq, also underscore the need to provide adequate resources for and to ensure full-time manning of the National Guard. As we
move to establish at least one 22-member WMD-CST in each State, we should also allocate the necessary resources to ensure adequate National Guard personnel end-strengths to provide for full-time manning and for the additional personnel necessary for these new teams.
For that reason, our bill would also authorize an additional 506 full-time National Guard positions to man these new teams.
Given the important role that the men and women of the National Guard play in our ongoing missions at home and abroad, we should ensure that the establishment of these important teams does not put at risk full- time manning in other vital areas of the National Guard's mission.
It is important that the additional WMD-CSTs are established as soon as possible.
I ask unanimous consent that the text of my bill be printed in the Record.
Madam President, today I rise to introduce the Health Care Access for Small Businesses Act of 2003. Last month, thousands of Americans participated in a week-long discussion about covering the…
Madam President, today I rise to introduce the Health Care Access for Small Businesses Act of 2003.
Last month, thousands of Americans participated in a week-long discussion about covering the uninsured. The sheer breadth of the groups that participated in the unprecedented effort demonstrates the urgency of this issue. Labor unions were united with business groups, doctors with nurses, and charity health care providers with for-profit hospitals and insurance companies. They all came together to call on Congress to find a way to provide health coverage for uninsured Americans.
I was glad to see awareness being raised about who the uninsured are and what it means to be without health coverage in America. There is a great misconception that uninsured Americans are largely unemployed or on Welfare. That is simply not the case. More than 80 percent of uninsured Americans are part of working families, and almost half work for small businesses. If we can help small businesses cover their employees, we will have made great progress in covering the uninsured.
The bill I am introducing today is aimed at making coverage more affordable for employees of small businesses through what is called a ``three-share'' program. The three-share model is an innovative community-based idea that has been working across the U.S. from California to Arkansas to North Carolina; and of course in Michigan.
The name three-share stems from the program's payment structure. Premiums are shared between the employer who pays 30 percent, the employee who pays 30 percent and the community which covers the remaining 40 percent of the cost.
In a three share model, a non-profit or local government entity serves as the manager of the plan. They design a benefit package by negotiating directly with providers or contracting through an insurance company. Then, they recruit small businesses that have not offered insurance coverage to their employees for the past year. The average cost for coverage is about $1,800 per year, much lower than the national average for commercial insurance, which on average costs $3,500 for a single person and $8,500 for a family. Of the $1,800, the employer and employee would each pay approximately $540 and the community would pay about $720.
Different three share plans have received funds for the community portion from various places. In Michigan, most of the money has come from Medicaid funds. A plan in California uses money from the tobacco settlement while a plan in Arkansas raises funds through church events and other community initiatives.
Unfortunately, despite the nuances that distinguish three share plans from one another, they all share a common challenge: they all lack a stable and sustainable funding source for the community share.
If passed, my bill would help alleviate that problem by offering a refundable tax credit to small businesses who participate in three share plans. Businesses would pay their own share plus the community share up front and receive the community share back through a refundable tax credit.
My bill would also encourage the development of more three share plans by providing seed money through the Community Access Program at the Health Resources Services Administration.
This bill would maintain the current employer-based system and leverage every $1 of public money with $2 of private funds. It would not impose any new funding mandates on state or local governments nor would it create new bureaucracy. It is an innovative community-based approach that could work throughout the country if funding is available.
Insuring more working families will also take the pressure off state Medicaid budgets. Adequate care for those presently uninsured will also help slash the billions we wind up spending on uncompensated care.
Finally, I believe providing health care for these families fulfills a moral commitment. No one in America who gets up in the morning and goes to work should go to sleep at night fearful that an illness or injury in the family could wipe out everything they have worked for.
I ask unanimous consent that the text of the bill and a fact sheet be printed in the Record.
There being no objeciton, the material was ordered to be printed in
Madam President, today I rise to introduce the Health Care Access for Small Businesses Act of 2003. Last month, thousands of Americans participated in a week-long discussion about covering the…
Madam President, today I rise to introduce the Health Care Access for Small Businesses Act of 2003.
Last month, thousands of Americans participated in a week-long discussion about covering the uninsured. The sheer breadth of the groups that participated in the unprecedented effort demonstrates the urgency of this issue. Labor unions were united with business groups, doctors with nurses, and charity health care providers with for-profit hospitals and insurance companies. They all came together to call on Congress to find a way to provide health coverage for uninsured Americans.
I was glad to see awareness being raised about who the uninsured are and what it means to be without health coverage in America. There is a great misconception that uninsured Americans are largely unemployed or on Welfare. That is simply not the case. More than 80 percent of uninsured Americans are part of working families, and almost half work for small businesses. If we can help small businesses cover their employees, we will have made great progress in covering the uninsured.
The bill I am introducing today is aimed at making coverage more affordable for employees of small businesses through what is called a ``three-share'' program. The three-share model is an innovative community-based idea that has been working across the U.S. from California to Arkansas to North Carolina; and of course in Michigan.
The name three-share stems from the program's payment structure. Premiums are shared between the employer who pays 30 percent, the employee who pays 30 percent and the community which covers the remaining 40 percent of the cost.
In a three share model, a non-profit or local government entity serves as the manager of the plan. They design a benefit package by negotiating directly with providers or contracting through an insurance company. Then, they recruit small businesses that have not offered insurance coverage to their employees for the past year. The average cost for coverage is about $1,800 per year, much lower than the national average for commercial insurance, which on average costs $3,500 for a single person and $8,500 for a family. Of the $1,800, the employer and employee would each pay approximately $540 and the community would pay about $720.
Different three share plans have received funds for the community portion from various places. In Michigan, most of the money has come from Medicaid funds. A plan in California uses money from the tobacco settlement while a plan in Arkansas raises funds through church events and other community initiatives.
Unfortunately, despite the nuances that distinguish three share plans from one another, they all share a common challenge: they all lack a stable and sustainable funding source for the community share.
If passed, my bill would help alleviate that problem by offering a refundable tax credit to small businesses who participate in three share plans. Businesses would pay their own share plus the community share up front and receive the community share back through a refundable tax credit.
My bill would also encourage the development of more three share plans by providing seed money through the Community Access Program at the Health Resources Services Administration.
This bill would maintain the current employer-based system and leverage every $1 of public money with $2 of private funds. It would not impose any new funding mandates on state or local governments nor would it create new bureaucracy. It is an innovative community-based approach that could work throughout the country if funding is available.
Insuring more working families will also take the pressure off state Medicaid budgets. Adequate care for those presently uninsured will also help slash the billions we wind up spending on uncompensated care.
Finally, I believe providing health care for these families fulfills a moral commitment. No one in America who gets up in the morning and goes to work should go to sleep at night fearful that an illness or injury in the family could wipe out everything they have worked for.
I ask unanimous consent that the text of the bill and a fact sheet be printed in the Record.
There being no objeciton, the material was ordered to be printed in
Mr. President, I am pleased to join Senator Kennedy today in introducing legislation to honor the contributions of immigrants who have shown their dedication both to this country and to creating a…
Mr. President, I am pleased to join Senator Kennedy today in introducing legislation to honor the contributions of immigrants who have shown their dedication both to this country and to creating a better future for themselves by joining the military. The Naturalization and Family Protection for Military Members Act of 2003 will do two important things: it will offer easier access to naturalization for immigrant men and women of our Armed Forces, and it will establish immigration protections for their families if they are killed in action.
In this time of war, it is especially important to recognize those who are fighting as we speak to preserve our freedom and our way of life. This is particularly true for those immigrants who have too often given their lives to defend our principles. In fact, after just 2\1/2\ weeks of our current conflict, of the 71 U.S. service members killed, seven missing and seven captured, eight of those killed, two of the missing, and two of the captured are immigrants. Most important, only four of the immigrants were U.S. citizens when the war began.
There are more than 30,000 noncitizens on active duty in the U.S. military--approximately 2 percent of the total U.S. forces. In the Reserves and the National guard are another 20,000 noncitizens. These immigrants have proven a dedication to our country by joining the military or the Reserves or National Guard, a dedication which should be recognized and rewarded.
The bill we are introducing will do that. First, it provides easier access to naturalization to members of the armed service who are already lawful permanent residents. Currently, being a member of the armed service allows a permanent legal resident to reduce their wait time for naturalization from 5 years to 3 years--our legislation would reduce the time to only 2 years. It would also ease this process by allowing naturalization interviews and oath ceremonies abroad at U.S. embassies, consulates, and overseas military installations, and by waiving naturalization fees.
In addition, the bill provides for the immediate families of immigrant service personnel killed in action by either giving them the opportunity to legalize their immigration status or by allowing them to proceed with their own applications for naturalization as if the death had not happened. By protecting their immigration status, this element provides critical acknowledgment of the sacrifices that the families of our military members make as well.
Finally, the bill also remembers those courageous men and women who ensure that in times of war or hostility, our country is ready and our recruiting needs are met. While we have seen success in Iraq in recent days, this war is not yet over--in fact, we have truly only reached the beginning of the end, not the end. As such, we must keep in mind that more and more Reserve and National Guard units are being called to active duty. Therefore, we have not forgotten the bravery of those who have immigrated and filled our ranks. Our legislation says that naturalization benefits similar to those conferred on members of the regular forces on duty will also apply to lawful permanent residents who are members of the Reserves or National Guard. In other words, they will have expedited naturalization during times of war or hostile military operations.
This Nation has long reserved the Congressional Medal of Honor for those select war heroes of unsurpassed courage. It is our highest honor and our greatest praise--and one out of every five recipients of this honor have been immigrants. This accounting of the bravery and spirit of the immigrants in our Armed Forces speaks to the fact that they are as dedicated and as willing to sacrifice on our Nation's behalf.
The Naturalization and Family Protection for Military Members Act is an important piece of legislation that both honors and rewards immigrants to this Nation. They are already legal permanent residents-- this simply ensures that they have the opportunity to truly become a part of this country through citizenship. I urge the Senate to give its full consideration to this bill and to lend its support.
Madam President, I rise to introduce a bill with great significance for snowmachine and snowmobile advocates both in Alaska and nationwide. As many of my colleagues know, the use of snowmobiles is…
Madam President, I rise to introduce a bill with great significance for snowmachine and snowmobile advocates both in Alaska and nationwide.
As many of my colleagues know, the use of snowmobiles is growing as a form of recreation. There are an estimated 1.64 million snowmobiles currently in use. In my State of Alaska, and in other northern States, travel by snowmobile goes beyond recreation. In many areas it is a regular form of transportation when snow prevents
people from traveling any other way. Snowmobiles are used regularly to visit neighbors, to hunt for a family's food supply, to carry people who are sick or injured to a place they can receive care. In many parts of Alaska, snowmobiles are as common as cars.
Unfortunately, there is no existing program to provide for the proper marking of snowmobile trails, to maintain trails, or even to encourage safe use of these machines. The bill I am introducing today is intended to correct that situation.
First, my bill directs the Secretary of Transportation to establish a snowmobile education program. Second, the bill directs the Secretary, working with the snowmobile industry and others, to estimate the amount of fuel tax attributable to snowmobile use in each State, and provides that at least the same dollar amount be dedicated to the acquisition, design, planning, construction and maintenance of snowmobile trails.
At present, 30 percent of the Recreational Trails program funding is reserved for motorized uses, which may be combined with money for other uses, to establish multiple-use trails and associated facilities. However, although a portion of this funding comes from the tax paid for fuel used in snowmobiles, there is no guarantee that any of that money actually is used to benefit snowmobile activities.
My bill takes nothing away from any other part of the Recreational Trails program--it simply ensures that each State spends on snowmobiles what is collected from snowmobiles. That is simple fairness.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I come to the floor today to speak about a small community in the southwestern part of my State of Alaska.
Newtok, a Village with about 300 Yupik Alaska Native residents, is located in the Yukon-Kuskokwim Delta near the Ninglick River. Erosion from the Ninglick is slowly threatening Newtok, and the Village will be under water in less than a decade and the Village airstrip in less time. Once the Village airstrip--Newtok's only connection with the outside world--is flooded, the Village will not be able to survive.
The Village is surrounded by land owned by the Federal Government in the Yukon Delta Wildlife Refuge. In 1997 the Newtok Native Corporation attempted to exchange land on higher ground with the Fish and Wildlife Service, administratively, but these negotiations failed. Therefore, action by Congress is required to ensure the future of Newtok and its residents.
Today I am introducing legislation to begin the process of moving Newtok to a location that is not threatened by erosion or flooding. The Newtok Native Corporation has identified a 10,943 acre tract of land on Nelson Island for the location of the new Village. Newtok Native Corporation is willing to accept this land in the Yukon Delta Wildlife Refuge from the Fish and Wildlife Service in exchange for a 996 acre piece of land on Baird Inlet Island and another 11,105 acre plot northeast of the present location of Newtok.
The Fish and Wildlife Service desires the Newtok owned land for ecological reasons and Newtok needs the Federal land because of its geology that keeps it safe from erosion. Both parties win in this exchange; the Federal Government improves the Yukon Delta Wildlife Refuge for the benefit of the American people, and villagers of Newtok have the opportunity to move to a safe location and see that their culture and community endure.
Newtok needs to be moved before it is too late, and my bill is an important first step in the process of protecting this community.
I ask unanimous consent that the text of the bill be printed in the Record.
Madam President, today I am pleased to introduce, with Senators Alexander, Bingaman and Warner, legislation that would authorize increased funding for the Department of Energy's, DoE, Office of…
Madam President, today I am pleased to introduce, with Senators Alexander, Bingaman and Warner, legislation that would authorize increased funding for the Department of Energy's, DoE, Office of Science. For two decades, funding for the Office of Science has remained stagnant while the cost of conducting cutting-edge research has continued to rise. Inadequate funding levels for the Office of Science, one of our Nation's leading sources of funding for research in the physical sciences, threatens our Nation's leadership in all sciences and thus also our economic well-being and our security. In the past fifty years, roughly one-half of the Nation's economic growth has been derived from investments in science and technology.
The DoE's Office of Science portfolio is extensive. It is the chief sponsor of major research and user facilities benefitting researchers in the life sciences, physics, chemistry, environmental sciences, mathematics, computer science, and engineering. Among these disciplines, the Office of Science possesses primary responsibility for research in fusion energy physics, nuclear physics, and high energy physics. Taken together, this research supports the DoE's responsibilities for energy security and defense.
While much of this work is conducted by scientists and researchers at our world-class national labs, university-based research is greatly enhanced by DoE Office of Science funds. Over one-fifth of its budget is directed to university research, with 49 States receiving funding. This funding plays a central role in supporting significant, long-term, peer-reviewed basic research. Such on-campus research helps attract motivated students to the physical sciences. By stimulating the curiosity of talented students, and giving them a chance to engage in quality scientific work, the Office of Science expands our knowledge base while training the next generation of scientists and engineers.
The University of Rochester's Laboratory for Laser Energetics shows the value that is posed by DoE's efforts to support on campus research be it through the DoE's Office of Science or other DoE programs. Since its founding in 1970, this lab has helped produce 161 Ph.D.'s. Currently 57 students are pursuing their doctorates while working at this facility. Additionally, the lab employs dozens of undergraduates and helps bring high school students to the facility each summer. By supporting nearly 2000 researchers at more than 250 universities and institutions in cutting edge research areas such as physics, nanotechnology, materials, genomics, and superconductivity, the Office of Science is able to help draw students to the sciences.
It is the creation of the next generation of scientists that will fuel our nation's economic development and staff our nation's critical DoE facilities. According to the DoE Inspector General the ``Department has been unable to recruit and retain critical scientific and technical staff in a manner sufficient to meet identified mission requirements. . . . [I]f this trend continues, the Department could face a shortage of nearly 40 percent in these classifications within five years.''
If we do not increase funding for the DoE's Office of Science: maintenance backlogs will increase even further at major DoE facilities, major construction initiatives will lapse and even fewer research grants will be funded. As a result, our Nation's leadership in overall science and technology will be threatened since the physical sciences provide much of the core knowledge and instrumentation that fuel advances in many other critical fields of knowledge.
Increasing funds for the DoE's Office of Science will support research in exciting fields such as: nanotechnology, high energy physics, genomics and supercomputing. By investing in the Office of Science, we can help scientists and engineers as they expand our knowledge of the universe and inform our interactions with it.
Mr. President, the American people are united in support of our service members, many of whom are serving today in Iraq, Afghanistan, and elsewhere abroad. We have the finest Armed Forces in the…
Mr. President, the American people are united in support of our service members, many of whom are serving today in Iraq, Afghanistan, and elsewhere abroad. We have the finest Armed Forces in the world, and we have asked them to bear a heavy burden. The Senate has justly expressed our support for the troops, but we have an obligation to do more than just pass resolutions. We have to back up our words with actions.
That is why I recently introduced an amendment, which the Senate unanimously approved, to raise combat pay and increase family support for our service members. That is why I joined several of my distinguished colleagues today in introducing a bill that would help immigrant soldiers and their families. The Naturalization and Family Protection for Military Members Act of 2003 would expedite naturalization for legal permanent residents in the military and preserve the rights of noncitizen family members of deceased service members.
There are over 37,000 legal permanent residents on active duty and over 20,000 on reserve duty. These brave men and women have willingly put themselves in harm's way to defend our country. They are living proof that immigration is good for our country.
On the battlefield, there is no distinction between American citizens and noncitizens--everyone is an American service member sworn to defend our Nation. We owe a debt of gratitude to all service members, whether citizen or noncitizen, who have put their lives on the line to keep us all safe and free.
But legal resident service members, who have voluntarily taken on a burden that many Americans will never know, face unnecessary hurdles on the path to citizenship. Even more tragically, if, God forbid, they are killed in combat, the law can prevent their immediate family members from naturalizing. This is a cruel and unjust manner in which to treat the families of legal immigrants who gave their lives for our country.
The sacrifices of these immigrant service members are a poignant reminder that too often our immigration law treats immigrants callously and unfairly, ignoring the tremendous contributions that they make to American society. While preserving the integrity of our naturalization process, we should do everything we can to correct legal technicalities that make it difficult for immigrant soldiers to become citizens and prevent their surviving family member from naturalizing.
It is important to note that this bill would not in any way compromise the naturalization process or national security. It would not automatically confer citizenship. Service members and their families would still be required to petition for naturalization, at which time they would be subjected to a full background check.
For legal permanent residents in military service, the bill would reduce the required period of military service to apply for naturalization during peacetime from 3 years to 2 years. The bill would also allow them to naturalize overseas, and waive the filing fee for their naturalization applications. For service members who are posted overseas for long periods and are struggling to make ends meet, these provisions are vitally important.
Currently, immediate family members of service members who are killed in the line of duty lose their right to file for citizenship. It is wrong and unjust to penalize people because their spouse, parent, or child made the ultimate sacrifice for our country. The bill would preserve the rights to petition for citizenship of noncitizen spouses, unmarried children, and parents of citizen soldiers who are killed as a result of such service.
Passing this bill is the least that we can do to honor and support the brave immigrant men and women who are serving our country during these dangerous times. I urge the Senate to approve it.
Madam President, I rise today to introduce legislation to preserve important non-homeland security missions in the Department of Homeland Security. I am pleased to be joined by the Senator from…
Madam President, I rise today to introduce legislation to preserve important non-homeland security missions in the Department of Homeland Security. I am pleased to be joined by the Senator from Delaware, Senator Carper, and the Senator from New Jersey, Senator Lautenberg, in this effort to guarantee the fulfillment of non-homeland security functions Americans rely on daily.
Many of these non-homeland security functions are especially important to the State of Hawaii. The Coast Guard provides essential search and rescue, fisheries enforcement, and protection of our coastline. The Animal and Plant Health Inspection Service protects the State's fragile ecosystem from invasive species. The Federal Emergency Management Agency assists municipalities in reducing the destructive effects of natural disasters, such as floods, hurricanes, and tidal waves.
To preserve these vital functions, the ``Non-Homeland Security Mission Performance Act of 2003'' would require the Department of Homeland Security to identify and report to Congress on the resources, personnel, and capabilities used to perform non-homeland security functions, as well as the management strategy needed to carry out these missions.
The measure would require the Department to include information on the performance of these functions in its annual performance report. Our legislation also calls for a General Accounting Office, GAO, evaluation of the performance of essential non-homeland security missions.
The establishment of the Department of Homeland Security created additional management challenges and has fueled growing concerns that the performance of core, non-homeland security functions will slip through the cracks. Just last week, the GAO testified before the House Committee on Transportation and Infrastructure that
the Coast Guard has experienced a substantial decline in the amount of time spent on core missions. Moreover, GAO found that the Coast Guard lacks the resources to reverse this trend. Coast Guard Commandant Thomas H. Collins is quoted as saying that his agency has more business than it has resources and is challenged like never before to do all that America wants it to do.
These same concerns extend to the entire Department of Homeland Security. The Department of Homeland Security's Bureau of Citizenship and Immigration services provides asylum for refugees and helps immigrants become American citizens. The Customs Service protects and monitors foreign trade so essential for a healthy American economy. And the Secret Service protects and monitors against identity theft, counterfeiting, and other financial crimes.
In fact, the General Accounting Office has added the transformation of and implementation of the Department to the GAO High Risk list, partially as the result of existing management challenges to fulfill non-homeland security missions.
The cost of creating a Department of Homeland Security should not come at the expense of these essential missions. Agencies should strike the proper balance between new homeland security responsibilities and their critical non-homeland security missions. Enhancing traditional missions also enhances domestic security which depends on sound management strategies that ensure adequate resources and personnel.
I urge my colleagues to support the ``Non-Homeland Security Mission Performance Act of 2003.'' Our bill takes important steps to ensure that Americans will not see a decline in non-homeland security services as a result of the creation of the Department of Homeland Security.
I ask unanimous consent that the text of the bill be printed in the Record.
Madam President, I rise today to introduce the ``National Mormon Pioneer Heritage Area Act of 2003.'' The story behind and about the Mormon pioneers' 1400 mile trek from Illinois to the Great Salt…
Madam President, I rise today to introduce the ``National Mormon Pioneer Heritage Area Act of 2003.''
The story behind and about the Mormon pioneers' 1400 mile trek from Illinois to the Great Salt Lake Valley is one of the most compelling and captivating in our Nation's history. This legislation would designate as a National Heritage Area an area that spans some 250 miles along Highway 89 and encompasses outstanding examples of historical, cultural, and natural resources that demonstrate the colonization of the western United States, and the experience and influence of the Mormon pioneers in furthering that colonization.
The landscape, architecture, artisan skills, and events along Highway 89 convey in a very real way the legacy of the Mormon pioneers' achievements. The community of Panquitch for example, has an annual Quilt Day celebration to commemorate the sacrifice and fortitude of its pioneers whose efforts saved the community from starvation in 1864. The celebration is in remembrance of the Quilt Walk, a walk in which a group of men from Panquitch used quilts to form a path that would bear their weight across the snow. This quilt walk enabled these men to cross over the mountains to procure food for their community, which was facing starvation as it experienced its first winter in Utah.
Another example of the tenacity of pioneers can be seen today at the Hole-in-the-Rock. Here, in 1880, a group of 250 people, 80 wagons, and 1000 head of cattle upon the Colorado River Gorge. Finding no pathways down to the river, the pioneers decided to use a narrow crevice leading down to the bottom of the gorge. To make the crevice big enough to accommodate wagons, the pioneers spent six weeks enlarging the crevice by hand, using hammers, chisels, and blasting powder. They then attached large ropes to the wagons as they began their descent down the steep incline. It is because of such tenacity and innovation on the part of pioneers that the western United States was shaped the way it was and much of that has contributed to the way of life and landscape still found in the West today.
The National Mormon Pioneer Heritage Area will serve as a special recognition of the people and places that have contributed greatly to our nation's development. It will allow for the conservation of historical and cultural resources, the establishment of interpretive exhibits, will increase public awareness of the surviving skills and crafts of those living along Highway 89, and specifically allows for the preservation of historic buildings. In light of the benefits associated with preserving the rich heritage of the founding of many of the communities along Highway 89, my legislation has broad support from Sanpete, Sevier, Piute, Garfield, and Kane counties and is a locally based, locally supported undertaking.
I believe this legislation will provide an exciting platform from which a significant part of our Nation's history can be highlighted. The Senate passed this legislation last year as part of a larger national heritage area package. While the overall package was not considered by the other body before the last Congress adjourned, I look forward to working with my colleagues in the Senate and the administration to pass this legislation during this session.
Mr. President, I rise today to introduce a piece of legislation that helps a large number of family farmers on the border of Montana and North Dakota. The Lower Yellowstone Irrigation Projects Title…
Mr. President, I rise today to introduce a piece of legislation that helps a large number of family farmers on the border of Montana and North Dakota. The Lower Yellowstone Irrigation Projects Title Transfer moves ownership of these irrigation projects from Federal control to local control. Both the Bureau of Reclamation and those relying on the projects for their livelihood agree there is little value in having the Federal Government retain ownership.
I introduced this legislation in the last Congress, and continue to believe it helps us to achieve the long term goals of Montana irrigators, and the mission of the Bureau of Reclamation. In the past I asked John W. Keys III, commissioner of the Bureau of Reclamation, his position on title transfers of irrigation projects like the Lower Yellowstone, where local irrigation districts have successfully managed the Federal properties, and where the Bureau has encouraged the transfer of title to the Districts. His response to me was very encouraging. He stated this type of title transfer ``makes sense and is an opportunity to move facilities from Federal ownership to more appropriate control.'' During our discussion Commissioner Keys promised to work with me and the Irrigation District to make this a reality, and I look forward to it.
The history of these projects dates to the early 1900's with the original Lower Yellowstone project being built by the Bureau of Reclamation between 1906 and 1910. The Savage Unit was added in 1947- 48. The end result was the creation of fertile, irrigated land to help spur economic development in the area. To this day, agriculture is the number one industry in the area.
The local impact of the projects is measurable in numbers, but the greatest impacts can only be seen by visiting the area. About 500 family farms rely on these projects for economic subsistence, and the entire area relies on them to create stability in the local economy. In an area that has seen booms and busts in oil, gas, and other commodities, these irrigated lands continued producing and offering a foundation for the businesses in the area.
As we all know, the agricultural economy is not as strong as we'd like to it to be, but these irrigated lands offer a reasonable return over time and are the foundation for strong communities based upon the ideals that have made this country successful The 500 families impacted are hard working, honest producers, and I can think of no better people to manage their own irrigation projects.
Every day, we see an example of where the Federal Government is taking on a new task. We can debate the merits of those efforts on an individual basis, but I think we can all agree that while the government gets involved in new projects, there are many that we can safely pass on to State or local control. The Lower Yellowstone Projects are a prime example of such an opportunity, and I ask my colleagues to join me in seeing this legislation passed as quickly as possible.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today for myself, Senator Kennedy, Senator Durbin, Senator Brownback, Senator Coleman, Senator McCain, Senator Schumer, Senator Boxer, Senator Leahy, and Senator Hagel to…
Mr. President, I rise today for myself, Senator Kennedy, Senator Durbin, Senator Brownback, Senator Coleman, Senator McCain, Senator Schumer, Senator Boxer, Senator Leahy, and Senator Hagel to introduce this bill, the Naturalization and Family Protection for Military Members Act of 2003, which will expedite the naturalization process for noncitizen soldiers serving in active duty and in the select reserves and enact safeguards to protect noncitizen immediate relatives of American soldiers who are killed in action.
More than 48,900 noncitizens are currently serving in the United States military and hundreds are serving from the State of Nevada. They place their lives on the line for our country every day. In recognition and appreciation of their service, they deserve a naturalization process that does not unnecessarily delay the grant of citizenship or impose other restraints because they are stationed in another country.
These noncitizen soldiers love America so much they are willing to make great sacrifices to protect us and promote our values and even defend the Constitution--although they do not fully enjoy its protections. They deserve better treatment than they currently receive. Like many Americans, I was moved by the story of Corporal Jose Angel Garibay, who came to the United States from Mexico at the age of two months in the arms of a stranger because the trip was too rough for his mother to carry him through the hills near Tijuana herself. At the age of 11 he announced to his brother that he planned to join the United States military. Although a noncitizen, he believed anything was possible in this land of opportunity and hoped to become a police officer. The proudest day for the Garibay family was the day Jose joined the Marines. Sadly, on March 23, at the young age of 21, he died near Nasirivah, Iraq. Who can say that Corporal Garibay, citizen or not, is any less of a hero? Our noncitizen soldiers deserve a system that does not drop current applications or disallow eligible applications for legal permanent residency by their immediate relatives.
This Act will provide necessary relief to current noncitizens serving in active
duty and the ready reserves within the United States military by setting forth an expedited process of naturalization. This Act will also provide protections for noncitizen spouses, unmarried children, and parents of citizen and noncitizen soldiers who are killed as a result of their service to file or preserve their application for lawful permanent residence.
I rise today in support of action that will recognize and honor current noncitizen soldiers in the United States armed forces and will honor the legacy of all of our soldiers who have been killed in action by providing fair and sympathetic treatment of their immediate relatives seeking legal permanent residency.
I ask unanimous consent that the text of the bill be printed in the Record.
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 906 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 906
To provide for the certification of programs to provide uninsured
employees of small businesses access to health coverage, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2003
Ms. Stabenow introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide for the certification of programs to provide uninsured
employees of small businesses access to health coverage, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Access for Small
Businesses Act of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) For most of the past 16 years, the number of Americans
without health insurance has been on the rise, reaching more
than 41,000,000 in 2002.
(2) People without health insurance are less likely to get
preventive care and often delay or forgo needed care. They are
therefore more likely than those with health insurance to be
hospitalized for conditions that could have been avoided.
(3) Not only are the health and financial circumstances of
uninsured Americans adversely affected by the lack of health
insurance, their care is ultimately being paid for in the least
efficient manner: after they get sick.
(4) People who were uninsured during any part of 2001
received $99,000,000,000 in care, of which $34,500,000,000 was
not paid for either out of pocket or by a private or public
insurance source. Federal, State, and local governments covered
85 percent of such uncompensated care, amounting to
$30,000,000,000.
(5) Private health insurance enrollees also help pay for
uncompensated care through higher premiums.
(6) Covering more Americans will not only contribute to
better overall health, it will lower the amount of health care
costs assumed by taxpayers, businesses, and consumers.
(7) Helping small businesses gain access to affordable
health care benefits is essential to insuring more Americans.
(8) Eighty-two percent of uninsured people are part of
working families.
(9) More than \1/2\ of small businesses with less than 50
employees do not offer their employees health insurance.
(10) Innovative community-based solutions have developed
and should serve as a model for insuring more Americans.
SEC. 3. THREE-SHARE PROGRAMS.
The Social Security Act (42 U.S.C. 301 et seq.) is amended by
adding at the end the following:
``TITLE XXII--PROVIDING FOR THE UNINSURED
``SEC. 2201. THREE-SHARE PROGRAMS.
``(a) Certification.--
``(1) In general.--The Secretary, acting through the
Administrator, shall promulgate regulations for the
certification of three-share programs for purposes of section
36 of the Internal Revenue Code.
``(2) Three-share program requirements.--
``(A) In general.--The Administrator shall require,
for purposes of a certification under regulations under
paragraph (1) that each three-share program shall--
``(i) be either a non-profit or local
governmental entity;
``(ii) define a region in which such
program will provide services;
``(iii) have the capacity to carry out
administrative functions of managing health
plans, including monthly billings,
verification/enrollment of eligible employers
and employees, maintenance of membership
rosters, development of member materials (such
as handbooks and identification cards),
customer service, and claims processing; and
``(iv) have community involvement, as
determined by the Administrator.
``(B) Payment.--To obtain the certification
described in paragraph (1), a three-share program shall
pay the costs of services provided under subparagraph
(A)(ii) by charging a monthly premium for each covered
individual to be divided as follows:
``(i) Not more than thirty percent of such
fee shall be paid by a qualified employee
desiring coverage under the three-share
program.
``(ii) At least seventy percent of such fee
shall be paid by the qualified employer of such
a qualified employee.
``(3) Coverage.--
``(A) In general.--To obtain the certification
described in paragraph (1) a 3-share program shall
provide at least the following benefits:
``(i) Physicians services.
``(ii) In-patient hospital services.
``(iii) Out-patient services.
``(iv) Emergency room visits.
``(v) Emergency ambulance services.
``(vi) Diagnostic lab fees and x-rays.
``(vii) Prescription drug benefits.
``(B) Limitation.--Nothing in subparagraph (A)
shall be construed to require that a three-share
program provide coverage for services performed outside
the region described in paragraph (2)(A)(i).
``(C) Preexisting conditions.--A program described
in subparagraph (A) shall not be eligible for
certification under paragraph (1) if any individual can
be excluded from coverage under such program because of
a preexisting health condition.
``(b) Startup Grants for Three-Share Programs.--
``(1) Establishment.--The Administrator may award startup
grants to eligible entities to establish three-share programs
for certification under subsection (a).
``(2) Three-share program plan.--Each entity desiring a
grant under this subsection shall develop a plan for the
establishment and operation of a three-share program that meets
the requirements of paragraphs (2) and (3) of subsection (a).
``(3) Application.--Each entity desiring a grant under this
subsection shall submit an application to the Administrator at
such time, in such manner and containing such information as
the Administrator may require, including--
``(A) the three-share program plan described in
paragraph (2); and
``(B) an assurance that the eligible entity will--
``(i) determine a benefit package;
``(ii) recruit businesses and employees for
the three-share program;
``(iii) build and manage a network of
health providers or contract with an existing
network or licensed insurance provider; and
``(iv) manage all administrative needs.
``(4) Number of grants.--An eligible entity may receive
only 1 grant under this subsection for each three-share program
and may not receive a grant for such program under both this
subsection and subsection (c).
``(c) Grants for Existing Three-Share Programs To Meet
Certification Requirements.--
``(1) In general.--The Administrator may award grants to
three-share programs that are operating on the date of
enactment of this section, to assist such programs in meeting
the certification requirements of subsection (a).
``(2) Number of grants.--An eligible entity may receive
only 1 grant under this subsection for a three-share program
and may not receive a grant for such program under both this
subsection and subsection (b).
``(3) Application.--Each eligible entity desiring a grant
under this subsection shall submit an application to the
Administrator at such time, in such manner, and containing such
information as the Administrator may require.
``(d) Risk Pool Grants.--
``(1) In general.--The Administrator may award grants to
eligible entities administering certified three-share programs
to enhance the risk pools of such programs.
``(2) Number of grants.--An eligible entity administering a
three-share program described in paragraph (1) may receive only
1 grant under this subsection for such three-share program.
``(3) Application.--Each eligible entity desiring a grant
under this subsection shall submit an application to the
Administrator at such time, in such manner, and containing such
information as the Administrator may require.
``(e) Application of State Laws.--Nothing in this Act shall be
construed to preempt State law.
``(f) Distressed Business Formula.--
``(1) In general.--Not later than 60 days after the date of
enactment of this section, the Administrator of the Health
Resources and Services Administration shall develop a formula
to determine which businesses qualify as distressed businesses
for purposes of this Act.
``(2) Effect on insurance market.--Granting eligibility to
a distressed business using the formula under paragraph (1)
shall not interfere with the insurance market. Any business
found to have reduced benefits to qualify as a distressed
business under the formula under paragraph (1) shall not be
eligible for any three-share program certified pursuant to this
section.
``(g) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Health Resources and Services
Administration.
``(2) Covered individual.--The term `covered individual'
means--
``(A) a qualified employee; or
``(B) a child under the age of 23 or a spouse of
such qualified employee who--
``(i) lacks access to health care coverage
through their employment or employer;
``(ii) lacks access to health coverage
through a family member;
``(iii) is not eligible for coverage under
the medicare program under title XVIII or the
medicaid program under title XIX; and
``(iv) does not qualify for benefits under
the State Children's Health Insurance Program
under title XXI.
``(3) Distressed business.--The term `distressed business'
means a business that--
``(A) in light of economic hardship and rising
health care premiums may be forced to discontinue or
scale back its health care coverage; and
``(B) qualifies as a distressed business according
to the formula under subsection (f).
``(4) Eligible entity.--The term `eligible entity' means an
entity that meets the requirements of subsection (a)(2)(A).
``(5) Full time.--The term `full time', for purposes of
employment, means regularly working at least 35 hours per week.
``(6) Qualified employee.--The term `qualified employee'
means any individual employed by a qualified employer who meets
certain criteria including--
``(A) working full time;
``(B) lacking access to health coverage through a
family member or common law partner;
``(C) not being eligible for coverage under the
medicare program under title XVIII or the medicaid
program under title XIX; and
``(D) agreeing that the share of fees described in
subsection (a)(2)(B)(i) shall be paid in the form of
payroll deductions from the wages of such individual.
``(7) Qualified employer.--The term `qualified employer'
means an employer as defined in section 3(d) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(d)) who--
``(A) is a small business concern as defined in
section 3(a) of the Small Business Act (15 U.S.C. 632);
``(B) is located in the region described in
subsection (a)(2)(A)(i); and
``(C) has not contributed to the health care
benefits of its employees for at least 12 months
consecutively or currently provides insurance but is
classified as a distressed business.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for fiscal year 2004
and such sums as may be necessary for each subsequent fiscal year.''.
SEC. 4. REFUNDABLE CREDIT FOR PORTION OF EMPLOYER COSTS OF THREE-SHARE
PROGRAM.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and inserting
after section 35 the following new section:
``SEC. 36. EMPLOYER COSTS OF THREE-SHARE PROGRAM.
``(a) In General.--In the case of an eligible employer, there shall
be allowed as a credit against the tax imposed by this subtitle an
amount equal to 40 percent of the costs of a three-share program
resulting from the participation of the taxpayer in such program during
the taxable year.
``(b) Eligible Employer.--For purposes of this section, the term
`eligible employer' means any employer which pays or incurs at least 70
percent of the costs of a three-share program resulting from the
participation of the taxpayer in such program during the taxable year.
``(c) Three-Share Program.--For purposes of this section, the term
`three-share program' means an employee health care coverage program
approved for participation by an eligible employer pursuant to title
XXII of the Social Security Act.
``(d) Denial of Double Benefit.--No deduction or credit under any
other provision of this chapter shall be allowed with respect to costs
of a three-share program taken into account under subsection (a).
``(e) Advanced Refundability.--The Secretary shall provide for the
advanced refundability of the credit allowed under this section to be
made in quarterly payments to taxpayers providing such information as
the Secretary requires in order to make a proper determination of such
payments.
``(f) Regulations.--The Secretary may prescribe such regulations
and other guidance as may be necessary or appropriate to carry out this
section.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 36 of such Code''.
(2) The table of sections for subpart C of part IV of
chapter 1 of the Internal Revenue Code of 1986 is amended by
striking the last item and inserting the following new items:
``Sec. 36. Employer costs of three-share
program.
``Sec. 37. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
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