A bill to amend the Federal Food, Drug, and Cosmetic Act to provide for the regulation of all contact lenses as medical devices, and for other purposes.
Legislative Activity
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Became Public Law No: 109-96.
November 9, 2005
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Introduced in Senate
January 26, 2005
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S580)
January 26, 2005
Committee on Health, Education, Labor, and Pensions. Ordered to be reported without amendment favorably.
March 9, 2005
Committee on Health, Education, Labor, and Pensions. Reported by Senator Enzi with an amendment in the nature of a substitute. With written report No. 109-110.
July 27, 2005
Placed on Senate Legislative Calendar under General Orders. Calendar No. 177.
July 27, 2005
Measure laid before Senate by unanimous consent. (consideration: CR S9585)
July 29, 2005
Passed Senate with an amendment by Unanimous Consent. (text: CR S9585)
July 29, 2005
Received in the House.
September 6, 2005 • 2:06 PM
Message on Senate action sent to the House.
September 6, 2005
Referred to the House Committee on Energy and Commerce.
September 6, 2005
Mr. Deal (GA) moved to suspend the rules and pass the bill.
October 26, 2005 • 5:38 PM
Considered under suspension of the rules. (consideration: CR H9196-9198)
October 26, 2005 • 5:39 PM
DEBATE - The House proceeded with forty minutes of debate on S. 172.
October 26, 2005 • 5:39 PM
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H9196)
October 26, 2005 • 5:48 PM
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H9196)
October 26, 2005 • 5:48 PM
Motion to reconsider laid on the table Agreed to without objection.
October 26, 2005 • 5:48 PM
Cleared for White House.
October 26, 2005
Presented to President.
October 28, 2005
Signed by President.
November 9, 2005
Became Public Law No: 109-96.
November 9, 2005
Floor Debate
24 membersWhat members said about S. 172 on the floor
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Floor Debate
24 membersWhat members said about S. 172 on the floor
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, in a moment I will request unanimous consent that the Senate pass S. 2823, the Ryan White…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, in a moment I will request unanimous consent that the Senate pass S. 2823, the Ryan White HIV/AIDS Treatment Modernization Act.
Just last week, we made a unanimous consent request to pass this bipartisan, bicameral legislation. That means Members from both sides of the aisle and both ends of the building have agreed to the language in this reauthorization. It passed out of the House Committee on Energy and Commerce last week. However, Senators from three States are blocking the vote that would speed reauthorization programs that provide life-sparing treatment to individuals suffering from HIV and
I am sorry to hear we have an objection. We need to find a way to work through this objection. I have been working desperately across the aisle with Senator Kennedy, who has been joining me in this effort to help get it out of committee. We have been trying to find a way that the formula would work. One of the ways was to include in the bill 3 years of hold harmless for them to finish updating their system to the point where if they truly have the HIV numbers, they will truly get the money. If they don't have the HIV numbers, yes, they will lose the money.
Now, I don't know if the Senator from Minnesota is aware that our Ryan White reauthorization bill increases the funding for Minneapolis by $2 million and $2.5 million for the whole State. It is a net benefactor. There have been increases in HIV and AIDS cases in Minnesota, and this would move money to where the cases are. That is where the numbers show that his city and State would be significant beneficiaries.
I have a lot of statistics I can go through, but I wonder if the Senator is also aware that these increases are due to the inclusion of HIV/AIDS in the funding formula and that Minnesota has more HIV cases.
Mr. President, I appreciate that clarification.
I will ask the Senator for his help. He said he would vote for the bill. Anything we can do to move this forward. We have put a 3-year hold harmless in there for everyone.
On September 30, the world falls apart for a number of people. California, for one, will lose $18.5 million of their funding. There are a number of big losers. There are no big losers if we pass the bill, provided the numbers back up what they have.
I yield the floor.
Mr. President, I thank the Senator for his words. The increase in knowledge that I am sure he has created across the country--and also the
comments of the Senator from Oklahoma--both of them have made an excellent case for why we need to do this. We need to do it immediately. We need to do it for people who have HIV/AIDS. I would note that the person who raised the objection to us adopting the bill is not from one of the three States that have a hold on the bill. I would hope those people would take a look at the situation in their State, and take a look at the fact they are getting more than the average number of funds being expended on patients across the rest of the country, and see that the surpluses their States are running at the end of the year greatly exceed the rather minute loss they would have, and that they would agree for us to move forward on this bill and get it in place before that September 30 deadline that is going to be devastating to 13 States that will lose money for having done the right thing.
Now, having said that, I know there will be people who will say the Republicans cannot get anything done. Well, that particular issue, and many others are not Republican issues. They are issues of the United States. And that is one on which we worked across the aisle and had a great deal of agreement on. And I have to thank Senator Kennedy, the ranking member on my committee, for the extreme work he did to help us find, among the thousands of formulas we looked at, the one that was the most fair so it would follow the patients. I do appreciate the work he has helped us do in the committee during the year.
Accomplishments of the Help Committee
Mr. President, I want to take just a few minutes to talk about what the Health, Education, Labor, and Pensions Committee has done this year. This Ryan White reauthorization is extremely important, but it is not the only bill we have been working on. Because of the way we have done our work, some people may not be aware of what has been done. In fact, I know that to be the case.
This is a committee that has worked across the aisle. When you work across the aisle, a lot of times you can work out many of the difficulties, and when you work out the difficulties, there is not a big floor debate. And when there is not a big floor debate, there is nothing for the media to write up about the blood; consequently, it does not get coverage. So I want to correct that here today, and I would like to discuss the Senate Health, Education, Labor, and Pensions Committee's accomplishments for the 109th Congress.
We have heard some claims that this is a do-nothing Congress. Well, I am here to assure American workers, retirees, students, and parents that the Health, Education, Labor, and Pensions Committee has done a great deal to help you live more secure, productive, and healthy lives. Of course, we have more to do, but I am proud that during a time of intense partisanship on Capitol Hill, the HELP Committee has produced a lengthy list of legislative accomplishments.
Looking back over the past 2 years, most of these victories materialized when Senators were willing to work across party lines and across the Capitol to put finding a solution in front of exploiting an issue.
Mr. President, I ask unanimous consent that a list of bills and reports filed by the HELP Committee in the 109th Congress be printed in the Record
Mr. President, I joined the HELP Committee when I was first elected to the Senate in 1997. It was natural for me because of my small business background as an owner of family shoe stores. I had firsthand experience with burdensome government regulations, inadequate health care coverage for my workers, and adversarial workplace safety laws. I was energized about finding common sense solutions rather than more Washington bureaucracy.
Now, another reason I joined the HELP Committee is because its broad jurisdiction touches nearly every American.
Now, there were a lot of vacancies on the committee when I signed up. I asked why there were so many vacancies, and I was told, well, that is a contentious committee. I thought I knew what contentious committees were because I served on the labor committee in Wyoming. I found out that there is another level of contentious. I wanted to work with my colleagues to find smart solutions that would address some of the most important challenges faced by my constituents in Wyoming and, of course, other people across the country. I came from Wyoming as a firm believer in my 80-20 rule. The way that rule works is that we can usually find agreement on 80 percent of any issue. We agree across the aisle on about 80 percent the issues that comes up. Now, we are probably never going to reach agreement on the remaining 20 percent.
Unfortunately, for America, what they get to watch on any bill is the debate on the 20 percent we don't agree on, and probably will never compromise on. That is what makes this body seem so contentious--the 20 percent that we don't agree on, even though 80 percent can get done. The committee process will enable us to find that 80 percent, and that has been a principle that has guided my chairmanship.
I was honored and humbled when my colleagues selected me to chair the HELP Committee nearly 2 years ago. Since my chairmanship began, the vision for both the full committee and the subcommittees is to craft legislation that provides lifelong opportunities for people to be healthier, more competitive, and to be more secure at school, work, and in retirement.
Because we have such a broad jurisdiction, the HELP Committee has had an aggressive legislative schedule in the 109th Congress. Over the past 2 years, together with the subcommittees, we have held 57 hearings and reported 36 bills out of committee; 21 of these proposals were approved by the Senate and 12 were signed by the President and became public law. We also reviewed and approved 352 nominations that require Senate confirmation. I thank my colleagues, including their staffs, for doing the work needed to maintain this aggressive pace.
In this Congress, the HELP Committee has been privileged to have in its ranks active subcommittee chairmen and engaged members. This is largely the reason the committee has had legislative success. I thank them for their dedication, and I applaud them for the joint success as a committee. Our ranking member, Senator Kennedy, and I may disagree on a number of issues, but we have worked hard to find common ground and we share a commitment to improving the health, education, work, and retirement security of Americans.
The number of bills acted upon by the HELP Committee is certainly impressive. However, the numbers alone don't begin to tell the story of how the committee's activity will improve the lives of Americans now and in the years to come. One of the committee's most significant accomplishments came on August 17 of this year when President Bush signed into law the Pension Protection Act. That act marks the most comprehensive change to pension law since 1974. The Pension Protection Act is a real victory for working Americans who spend a lifetime working hard and saving for retirement. It dramatically strengthens pension funding rules and helps curb record pension failures. In doing so, the act better protects the retirement dreams of 45 million Americans. Not only were single employer fund rules significantly overhauled, but the rules regarding hybrid pension plans were finally clarified, and multi-employer funding rules were changed as well. The proposal strengthens current law and will better help Americans prepare and plan for retirement. It provides workers the security of knowing that moneys earned for retirement will be there when they are ready to retire.
It also secures the Pension Benefit Guaranty Corporation and secures that corporation without picking the pockets of taxpayers to keep the agency solvent. This legislation was no small undertaking. It took a year and a half of hearings, 5 months of deliberations in conference, and countless hours of negotiations on each provision of the bill.
Fortunately, pension issues are almost always handled in tag team fashion, involving both the HELP Committee and the Senate Finance Committee, which has jurisdiction over the Internal Revenue Code. While this tag team approach is a great asset and helped us get the bill through the Senate, it meant a complicated and extraordinarily large conference involving four committees in the House and Senate and 27 conferees.
Together with my ranking member, Senator Kennedy, Finance Committee Chairman Grassley, ranking member Senator Baucus, as well as HELP's Retirement Security and Aging Subcommittee Chairman DeWine, and Ranking Member Mikulski, our committees collaborated with House counterparts to make this sweeping reform happen. Because of this teamwork, the law passed the Senate 93 to 5. The result was a policy and a process that was truly bipartisan. Total floor time for the bill--Senate debate and conference report debate--totaled about one hour and fifteen minutes equally divided.
Some may think the conference took a long time to conclude, but history proves that it was ended in record time. The last big pension conference occurred in 1994. The conference was appointed in March of that year, but did not conclude until December. Prior to that, the most recent conference took place in 1987 and operated in the context of budget reconciliation. Again, that conference commenced in March but didn't end until December.
This year, our conference began in March and ended in July--just 5 months compared to a 10-month conference for earlier bills. Comparatively speaking, the Pension Protection Act conference finished quickly, but the impact will be felt for generations.
Another major accomplishment of the HELP Committee was the enactment of the Mine Improvement and New Emergency Response Act, MINER. From the tragic loss of life in the coal mines of West Virginia and Kentucky came the first reforms of mine safety laws in 28 years. These tragedies brought together leaders from the mining industry, from government, and from the labor unions, and helped to forge a commitment to improve mine safety. I traveled to the Sago mine with Senators Kennedy, Rockefeller, and Isakson. We met with the families of the miners who lost their lives. We met with other miners who worked there, and we met with people in the union. I felt a commitment to those families and miners in this country to try to ensure that this would never happen again.
The committee approved the MINER Act on May 17, and the President signed the bill in June. That has to be one of the fastest, most comprehensive changes to any safety law. I can't emphasize enough the cooperation of unions and company executives, and Republicans and Democrats.
Protecting the health and safety of those who work in the mining industry need not be a partisan issue. Mining, and coal mining in particular, is vital to our national and local economies, and to national energy security. Ensuring the safety of our miners is essential to protecting and preserving the industry and protecting the workers. I especially thank Senators Kennedy, Isakson, Byrd, Rockefeller, and McConnell for the tireless effort they extended. Their efforts contributed in large part to this proposal becoming law.
I should mention that the debate on the Senate floor was 1 hour equally divided with two votes. So nobody saw that. Nobody saw that debate, but it makes a significant difference for all the people in the country--the mining bill. You never saw any debate on the floor. It passed unanimously without debate. It passed in the House under suspension with limited debate--the same bill.
Sometimes the things that get done by unanimous consent that everybody agrees on nobody ever finds out about, except the people it does benefit; they know. That is why it is worth doing it that way. For a bill that has objections around here, there are ways to overcome it if you get 60 votes for it. But that is usually about a 3-week process. A unanimous consent doesn't use up much time, but it gets things done.
The committee has also made tremendous strides related to education and job training. This session the
HELP Committee initiated a comprehensive effort to authorize legislation that enhances knowledge and skills and helps American workers become leaders in the global economy. Some estimates suggest that 60 percent of the jobs created in the next decade will require skills that only 20 percent of the workers today currently possess, and 80 percent of the jobs will require education or training beyond high school. Eighty percent of the jobs will require education or training beyond high school. That is where the world is going. It is changing fast.
One important component of this effort is the reauthorization of the Carl Perkins Career and Technical Education Act. It was signed by the President in August, and it will help close the gap that threatens America's long-term competitiveness. The act addresses the needs of the Nation's changing workforce and prepares Americans for highly technical, higher-paying jobs. The reauthorization also made changes that will increase accountability at the State and local levels and will establish stronger links with businesses to build partnerships with high schools and colleges so they can better meet the needs of the changing workforce.
For many people, participation in these programs can mean the difference between a job with no possibility of advancement and a successful career. Passage of this legislation was a significant accomplishment. Again, limited floor debate, no debate on the conference report; unanimous consent across the aisle.
Another piece of this comprehensive effort is the reauthorization of the Higher Education Act. As my colleagues know, the mandatory portions of the higher education law were reauthorized in February under the Deficit Reduction Act of 2006. Before I elaborate, I want to stress that it is critical to reauthorize the remaining discretionary programs under the act, which I intend to make a top priority for 2007. We have the bill out of committee but haven't had the floor time to do the debate on it. I am making that a top priority for 2007 because postsecondary education is the key to the future success of our students, our communities, and our economy.
As I stated earlier, we reauthorized the mandatory components of the Higher Education Act through the budget reconciliation process. We found over $20 billion in savings by eliminating corporate subsidies for lenders and reworking the interest rate structure for many borrowers, among other revisions. A portion of the savings was used to pay for over $9 billion in enhanced students benefits. The law makes higher education more affordable for students who finance part of their education through loans by reducing borrow origination fees and increasing loan limits.
Another benefit is a $4 billion grant program for postsecondary students who major in science, math, and certain national-security- related foreign languages. These funds are dubbed ``SMART grants'' and are an important part of making higher education more affordable for low- and middle-income families. We invested resources where we need them the most, which will help ensure we have a workforce that can compete globally.
I was in India earlier this year and saw firsthand what Thomas Friedman discusses in his book, ``The World Is Flat.'' It doesn't take long to figure out that by sheer numbers alone, India has only to educate 25 percent of its population to have more literate and educated people than the total population of the United States.
By using the reconciliation process for these higher education reforms, the HELP Committee was able to produce meaningful deficit reduction. In fact, I am proud the HELP Committee led the entire Congress in deficit reduction and produced $15.5 billion in savings over five years. That is 40 percent of the entire Deficit Reduction Act of 2006. It is not right to overspend now and pass the bill on to our children and grandchildren to pay later.
I thank Chairman Gregg for his leadership on the Budget Committee and for his contribution on the authorizing committee that helped make the meaningful deficit reduction a reality.
Enactment of the Perkins reauthorization and the mandatory revisions of the Higher Education Act were critical components of a comprehensive effort to strengthen knowledge and skills. However, this effort also includes the reauthorization of the Workforce Investment Act. The reauthorization is essential because it will help train American workers to fill the good jobs being created so we can continue to be leaders in the global economy.
The reauthorization of the Workforce Investment Act has been a priority of mine since I chaired the Subcommittee on Employment and Workplace Safety in the previous Congress. Last Congress, I worked tirelessly to report the legislation from the committee, only to be held up on the Senate floor when it came time to appoint conferees. Now, that means the bill made it out of committee and cleared the Senate floor. The House passed a different version, so we need a conference committee to resolve the differences. However, we weren't allowed to appoint a conference committee. That was 2 years ago. Mr. President, 900,000 new jobs could be trained under that program. This year, once again, I have been procedurally hamstrung in my efforts to move to conference. The bill must be completed. It made it out of the committee unanimously. It made it through the floor of the Senate, again unanimously. That means everybody agreed with what is in the bill. Now the only problem left is we have to reconcile that with what the House passed.
America is facing an economic challenge that threatens our ability as a nation to compete on the world stage. This bill sends a clear message that we are serious about helping our workers and our employers remain competitive and about closing the skills gap that is putting America's long-term competitiveness in jeopardy.
Our commitment to lifelong learning never ends. It begins with giving our children the proper tools for a start down the pathway that leads to their education. The committee approved improvements to Head Start this last year, and the completion of this process is one of my top priorities.
On the health front, eight committee bills were signed into law by President Bush. One of the most significant new health care laws is the Patient Safety and Quality Improvement Act. The new law is a culmination of 6 years of work in response to the Institute of Medicine's 1999 report that found that nearly 100,000 Americans die needlessly every year due to medical errors.
The Patient Safety and Quality Improvement Act creates a protected legal environment in which patient safety organizations can analyze why medical errors happen and develop strategies to stop those errors from happening again. The law provides critical legal protection for doctors, nurses, and other health care workers who might fear coming forward with information about mistakes because the information could be used in a lawsuit against them.
This new law is the first important step toward creating a new culture of safety and continuous quality improvement in health care.
This new law is one of just several important pieces of legislation the HELP Committee produced in this Congress. I would mention again that this too took zero debate time on the floor. Another one is the Patient Navigator Outreach and Chronic Disease Prevention Act of 2005, which will help patients with chronic diseases team up with health care experts who can help them find their way through the maze to the best treatment offered in this often complex health care system. Again, no floor debate time.
The Stem Cell Therapeutic and Research Act of 2005 supports the creation and maintenance of cord blood stem cells. Stem cells obtained from umbilical cord blood have already shown great promise in treating cancers, leukemia, and other diseases, and this law will accelerate our work in those areas. I have already had people who have reported back to me that their life may have been saved by that particular act already. I think we had 5 minutes of debate time on that bill.
The National All Schedules Prescription Electronic Reporting Act of 2005 enables physicians and other prescribers to find out whether patients are abusing and diverting narcotics and other dangerous drugs. Instead of enabling these patients and their self-destructive habits, physicians will now be able to identify them and treat them.
The State High Risk Pool Funding Extension Act of 2005 renewed a key law that funds State high-risk health insurance pools. These pools create access to health insurance for otherwise medically uninsurable individuals and are an important part of our strategy to make health insurance available to more Americans. The President also signed a bill to amend the Public Health Service Act and strengthen the National Foundation for the Centers for Disease Control and Prevention.
Finally, we passed two key laws to preserve access to medical technology. The Medical Device User Fee Stabilization Act of 2005 prevented the FDA's medical device user fee program from expiring. Without this law, patients' access to the latest medical innovations would have been compromised. Congress also acted to protect children from dangerous, unregulated cosmetic lenses, often used as part of costumes, by providing for the regulation of these lenses as medical devices.
The HELP Committee members worked together with our House counterparts in a bipartisan, bicameral way to complete action on these laws. I personally thank all of the committee members on both ends of the building for their active participation in this process.
We also scored a victory on the Senate floor this summer related to health insurance. Together with Senators Nelson and Burns, I introduced legislation that would allow business and trade associations to band their members together in small business health plans and offer group health coverage on a national or statewide basis. It would give small businesses the capability to group together across State lines to effectively negotiate against big insurance companies. It would bring down insurance rate significantly, particularly in the area of administrative costs.
This legislation, the Health Insurance Marketplace and Modernization and Affordability Act, is a direct response to the runaway costs that are driving Americans and businesses away from the health insurance marketplace. In May, this legislation received 55 votes on the Senate floor--a clear majority. Unfortunately, obstructionists used arcane Senate rules requiring 60 votes for passage to defeat consideration of the bill. I count this as a victory for the HELP Committee because the policy is supported by the majority of the Senate. This will not be a victory for Americans until it is signed by the President.
Enacting the Health Insurance Marketplace Modernization and Affordability Act will be a top priority for the HELP Committee and me personally in the 110th Congress. I intend to act on this legislation early next year and continue to work across party lines to find the solution that produces 60 votes in the Senate. The HELP Committee has a role to play in making employer-sponsored health care more accessible and affordable. Employer-provided health insurance is voluntary, and it is in critical condition. Sixty percent of the country's employers offer insurance today. That is down 9 percent from just 5 years ago. And the cost of health insurance for companies has nearly doubled in that same period, with employers expected to pay an average of $8,167 per employee family versus $4,248 5 years ago. My proposal would provide health care coverage to over 1 million small businesses and their working families.
This fall, I am also hopeful the committee can add two more victories to our list of accomplishments. That would be the Health Information Technology conference agreement and the reauthorization of the Ryan White Care Act.
Right now, my staff is working aggressively with the House to complete action on the Wired For Health Care Quality Act conference agreement. This legislation will enhance the adoption of a nationwide interoperable health information technology system, improve the quality of health care, and contain costs. Primarily, it will allow each individual to own their own health care record and to carry it around with them easily. They will have the permanent record to carry with them and release, to the degree they want to, to any health care provider. This will contain costs: just between Medicare, Medicaid and Veterans, this is expected to save $160 billion a year. The cost to implement: $40 billion, one time. A good investment anywhere.
The committee has also been working in a bipartisan, bicameral fashion to complete the reauthorization of the Ryan White Care Act. The measure was approved by the HELP Committee in May, and I am hopeful that we can swiftly clear compromise legislation through both Chambers by December--I was hoping we could pass it today, but I see it has been stopped. It is absolutely essential that this clear by September 30.
The reauthorization of the Older Americans Act will also have a significant impact on the everyday lives of Americans. The HELP Committee approved this legislation in June, and I am hopeful we can complete action on it this year as well. This reauthorization is important because it ensures that our Nation's older Americans, including 78 million aging baby boomers, are healthy, fed, housed, able to get where they need to go, and safe from abuse and scams. We have been in bicameral, bipartisan deliberations for several months. Again, there is a little hangup on the funding formula. Money has to follow the people in all of these programs.
The committee also conducted various investigations and held several oversight hearings that exposed waste, fraud, and abuse in Federal programs and used the findings to craft legislation to increase accountability. Our first oversight hearing last year focused on how an asset management company, Capital Consultants, defrauded workers out of approximately $500 million in retirement assets. The findings from this oversight effort were addressed in the new pension law.
The committee also held the first oversight hearing in almost 70 years on the Randolph Sheppard Act and the Javits Wagner O'Day Act. Both programs are supposed to find employment opportunities for people with disabilities. The committee's investigation and hearing established that some executives were using the programs for their own enrichment--making millions while exploiting people with disabilities. Following the hearing, Federal law enforcement took action against the worst actors, and we have collaborated across party lines to systematically overhaul both programs. My goal is to address these programs with legislation next year.
I thank my ranking member, Senator Kennedy, and his staff for their hard work these past 2 years. His assistance and cooperation are the main reasons we have been able to accomplish many of these priorities. We didn't always agree, but we were able to identify common ground to advance our mutual priorities.
I also thank each of our committee members. As I stated earlier, we have kept a full schedule. Many of the legislative victories were initiatives brought to my attention by our subcommittee chairs or individual committee members. Senators were also especially diligent about attending the committee hearings and particularly patient when we sometimes waited for a quorum during executive session. For the remainder of the year, I will be reaching out to each of our members to seek feedback on the 2007 agenda, which will serve as the blueprint for the year.
Finally, in closing, I would like to recognize two departing members of the committee: Majority Leader Frist and Senator Jeffords. We are fortunate they chose to serve, and we are grateful for their contributions. Senator Jeffords is a past chairman of the committee, and, of course, Majority Leade Frist has been the doctor on the committee and provided a perspective no one else could. I am proud of the work we have done here on the committee these past 2 years. By working together, we have established a track record of success.
I also wish to compliment the subcommittee chairmen for their extremely hard work. We gave them a lot of independence, and they didn't disappoint me. They took hold of programs. The competitiveness program is one of them that has reached a point where it can now be debated and pursued. The Senator from Tennessee, Mr. Alexander, did a tremendous job of working that bill, along with Senator Ensign, collaborating with three different committees on one piece of farsighted legislation.
Senators DeWine and Mikulski have done a marvelous job with the Elder Fall Act and Older Americans Act and have worked well together for a number of years across the aisle to make sure older Americans are taken care of.
I could go on and mention all of the subcommittees and the work they have done. Senator Burr has done some fantastic work on bioterrorism. He has put together a fantastic bill that contains new concepts which will allow better preparation for any of the possible terrorism acts that could happen on our own soil. Senator Isakson, of course, has been extremely active in handling labor issues. As I mentioned, he was a key player in the miner safety bill.
It has been an interesting year. I look forward to another interesting year. I am looking for suggestions from my colleagues on what needs to be done, and looking for that 80 percent that can be accomplished.
Our record of accomplishment is proof that we are a can-do Congress. Far from being a do-nothing Congress, we have shown our colleagues and our constituents that Congress can and is working hard to improve the lives of Americans.
One of the reasons America doesn't know more about this is because of the cooperation that has taken place. We didn't have to debate the 20 percent we didn't agree on here on the floor of the Senate, and consequently there was not a lot of coverage. But just the pensions bill and the miner safety bill, either of those, would be a major accomplishment for any committee during a 2-year period.
I am proud of the 12 bills the President signed and the 21 bills we got through this body. I think that is a record of accomplishment, and I thank all those who participated.
I yield the floor and suggest the absence of a quorum.
I thank the chair. Mental Health Parity Act Mr. President, in just a few weeks while we are in recess, we will mark the fourth anniversary of the untimely death of our former colleague from…
I thank the chair.
Mental Health Parity Act
Mr. President, in just a few weeks while we are in recess, we will mark the fourth anniversary of the untimely death of our former colleague from Minnesota, Paul Wellstone. Paul Wellstone died at the age of 58 in an airplane crash about 4 years ago. Paul and his wife Sheila and daughter Marcia were on their way to a campaign event in Eveleth, MN on October 25, 2002 when their plane crashed in a wooded field 2 miles short of the airport. We mourn for the surviving children Mark and David and for the families of the campaign staffers, Will McLaughlin, Tom Lapic, and Mary McEvoy, and for the families of the pilots flying that fated aircraft.
Paul's tragic and premature death silenced one of the leading voices in America on the issue of mental illness. Paul Wellstone understood the devastation that mental illness can bring: the stigma, the alienation, the broken families and, sadly, even broken lives.
In 1992, together with Senator Pete Domenici of New Mexico, Paul introduced legislation to require insurance companies to offer the same coverage for treating mental illness as for physical illness. The Mental Health Parity Act was passed and signed into law in 1996. The final version of the bill sadly was watered down and fell short of Paul's earliest goals.
A new bill to eliminate these disparities in insurance coverage was introduced in the last Congress. The Paul Wellstone Treatment Act attracted widespread bipartisan support: 69 Members of this Chamber and 245 Members of the House--a clear majority supporting Paul Wellstone's legacy. But unfortunately, during the past 2 years, this bill was not called for passage and did not pass.
Today I am honored to be joined by Senator Norm Coleman of Minnesota, Senator Ted Kennedy, Senator Tom Harkin, and Senator Mark Dayton of Minnesota in submitting a sense-of-the-Senate resolution, first to remember Paul Wellstone and honor his legacy, but also to publicly commit to finishing his work on mental health equity legislation.
Mental health disorders are the leading cause of disability. Without treatment, the consequences of mental illness for the individual and for all of us are staggering: disability, unemployment, substance abuse, homelessness, inappropriate incarceration, suicide, and wasted lives. The economic costs of untreated mental illness is more than $100 billion each year in the United States. In my home State of Illinois, close to 4 million people, or 30 percent of the population, are affected by some form of mental illness each year, including depression. Suicide is the third leading cause of death among young people 15 to 24. Seventy-seven percent of adults with severe mental illness are unemployed.
Now, the good news is this: Mental illness is treatable but only for the people who have access to sound diagnosis and care. We have a good start, thanks to the Mental Health Parity law that Senators Wellstone and Domenici led to enactment in 1996. Our next challenge is to build on the work Paul Wellstone left behind.
Current law requires insurers offer mental health care and offer comparable benefit caps for mental health and physical health, but it does not require group health plans and their health insurance issuers to include mental health coverage in their benefits package. It doesn't prevent insurers from setting higher deductibles, higher copays, and fewer services covered for mental health illness. I commend Senators Kennedy and Domenici for their work in this Congress on working toward a consensus for reaching mental health parity for Americans.
I called Senator Domenici last week to tell him I was submitting this resolution and to cheer him on so that during the next session of Congress we can give the right tribute to Paul Wellstone and, more importantly, as Paul would see it and I see it as well, hope to millions of Americans.
This resolution honors Paul Wellstone. It commits us to continuing his work to ensure equity for people with mental illness. Paul fought against discrimination in any form. His life work was dedicated to creating a world in which everyone, regardless of race, religion, economic status, or health or mental health status, would be treated fairly and equally. I urge my colleagues to support this resolution and renew our commitment to ensuring mental health parity.
Paul Wellstone was often quoted as saying:
I don't think politics has anything to do with left, right,
or center. It has to do with trying to do right by the
people.
That was what Paul Wellstone said. And now we will have our chance in the next session of Congress to honor that commitment.
Mr. President, I yield the floor.
Mr. President, I at the outset thank my colleague from Minnesota who was quick to join with his colleague Senator Dayton as a cosponsor of this resolution.
Many times politics divides us, but when it comes to an issue such as mental illness, we are all in this together. I know my colleague from Minnesota has probably had the same experience I had, of raising this issue at a town meeting or a public meeting, and then I almost guarantee you that before you leave that hall, someone will come up to you and ask if they can speak to you privately to tell you the story of a child or a spouse who has bipolar disorder or schizophrenia or who has committed suicide. It touches so many of us. What Paul Wellstone was trying to remind us of is that mental illness is not a curse, it is an illness, and an illness that can be treated. Why shouldn't we include it in our health insurance for Americans so that every family can be spared the suffering that comes with mental illness today.
I thank my colleague from Minnesota for joining me on this resolution.
Mr. President, if the Senator will yield for a question, I would like to say by way of question through the Chair that I thank my colleague from Minnesota. I can recall when he first came to the Senate serving with our mutual friend, Paul Wellstone. It must have been tough to be that close to a dynamo. The man had boundless energy and committed to so many good causes.
The Senator from Minnesota has carried on the fine tradition for your State. I thank the Senator for joining us in this resolution.
Hope springs eternal, and maybe during the lame duck session Senator Kennedy and Senator Domenici will be able to give us some good news that will make us proud on this important issue.
I thank the Senator for his words today.
Mr. President, this morning one of my Republican colleagues came to the floor to talk about what appears to be the favorite topic of most Republican Senators: the estate tax. No matter what we are talking about on the floor, whether it is immigration reform, making America safe from terrorism, dealing with issues involving the funding for our troops, port security, without fail, you can count on one of my colleagues on the other side of the aisle trying to wedge in to this queue with what many of them consider to be at least equally important: the issue of the estate tax.
So my colleague came to the floor and mentioned my name over and over again as if I were his opponent. I would say to my colleague there are many Senators who disagree with his position, but I will be happy to address it for a moment or two.
The simple fact is this: If an American and a spouse have assets valued at less than $2 million at the time of their death, they will never pay one penny in estate taxes--not one. So if you ask who benefits from this repeal of the estate tax, well, sadly it turns out to be some of the wealthiest people in America. If you took 1 percent-- that is 1 out of 100--estates in America, people who die each year, only one-fourth of those will ever pay any estate tax. It is a very small number of people who have done very well in their lives in America who may end up paying estate tax.
I want my position to be clear. There is an exemption under the estate tax, an exempt amount that you can leave to your heirs, that will not be taxed. I think we need to increase that and regularly increase it to reflect reality. It is true, the real estate we own has gone up in value while we have lived there, businesses have increased in value, farms have increased in value, and I think the exemption should be increased as well.
Where I have a problem is where we have people who are very well off--multimillionaires--who end up owing the Government--in fact, owing their country--something for their success, and they will be left in a position with the proposal from the other side of the aisle where they may have no estate tax liability whatsoever.
The majority leader of the Senate, Senator Frist, has said he is for total repeal of the estate tax--total repeal so that Mr. Bill Gates of Microsoft, who has done so well and made so much money, would pay nothing back to America by way of estate tax when he passes away. Well, Mr. Gates is not asking for that. Many people who are well off are not asking for that. They understand this country has been very good to them, and they are also prepared to pay back so that future generations have a chance to succeed as well.
My colleague came to the floor and talked about farmers and is concerned about farmers. I am from downstate Illinois. A few years ago, after hearing all of the debate about estate taxes, I wrote to the Illinois Farm Bureau, the Illinois Farmers Union, and asked them: Tell me of any farm that you know of where the farmer's survivors had to sell the farm because of paying Federal estate tax. There was not one single instance in my State. They couldn't find one. Now, I understand some of those farmers may have to sell off a portion of their land or some of their acreage to pay their taxes at the time that the spouse finally passes away. But as far as losing farms, that is something that is said over and over again, but neither the Illinois Farm Bureau, the Farmers Union and, in fact, the American Farm Bureau could find a single example of a family being forced to sell its farm because of estate tax liability.
According to the Congressional Budget Office, only 123 family-owned farms and 135 family-owned businesses would pay any estate tax at all with a $2 million family exemption level.
So we often have to stop and wonder why are we dwelling on this or why are some Members of the Senate continuing to dwell on this. If their sympathy is for those who are struggling to survive in America, they should focus their spotlight not on the wealthiest among us but those who are struggling at lower levels.
Let's take a look at some of the realities, the economic realities in America today. This chart shows what has happened over the last 6 years. The minimum wage has been frozen under President Bush and this Republican Congress for 9 years. During that 9-year period of time, the President's pay has been increased substantially, pay for Members of Congress increased $31,600, and the $5.15 an hour minimum wage has not gone up.
It is always interesting to me that my colleagues on the other side of the aisle seem to think that it is fine for those making the lowest wages in America, some of them working very hard each day, to have no increase in their pay for 9 straight years, while they are struggling to make ends meet. They come to the floor and talk to us about those who have made millions of dollars in their lives and whether they will have to pay any taxes. I think it is a misplaced priority.
If we take a look at some of the real household income of Americans across the board, you can see what has happened from 2000 to 2005. Real household income has declined by $1,273. It means the average family, working hard, paying off the costs of living--utilities and mortgages, energy costs, education costs--is working harder and falling behind each and every year.
Our economic policies in this country really are not focused where they should be. We should be focusing on this middle-income American family that is struggling to make ends meet in a very difficult time.
The distribution of wealth in America has changed substantially over the last several years. The distribution of earnings has become even more unequal. When you look at this situation, you see the years between 1995 and 2000 with a violet color, 2000 to 2005 with the red. So in the year 1995 to 2000, the last term of President Clinton, you can see there was an increase in earnings, weekly earnings for full- time workers, across the board. All of these violet bars above show, for example, a 9.6-percent increase, a 7.4-percent increase. So in that 4-year period of time, we had the distribution of earnings increasing.
Now look at the period of time under President Bush. During that time period, in each of these categories of income in America, we have seen that earnings have been declining or rising very slowly, as they are at the highest levels of income in America
Take a look at the wealth as well under the tax breaks given under this administration the last several years. This is the Bush economic record: a $38,000 tax break for people who are making $1 million a year, but for middle-income families making $50,000 to $100,000, their tax break under the Bush administration has been $55, and for those in the lowest income categories a tax break of $6.
You can see where the priorities have been when it comes to taxes. But ask the average family making about $100,000 a year--let's take that as an example. Let's take someone who is a teacher and whose spouse may work part time, bringing in some income to the family, and together they make $100,000 a year. They have raised their kids and spent good money sending them to school. Then the kids apply to college. The families are inundated with a stack of forms--most families have seen them--to apply for student loans and students grants. Those making about $100,000 a year will find it difficult to apply for any financial assistance. So the students, their sons and daughters who finally got into the school of their dreams, may face an unconscionable debt.
Some students put off their education. Some give up on the best schools. Some go on to school and graduate with a mountain of debt, a mountain of debt which was made worse this year when, on July 1, a law signed by President Bush increased the interest rates on student loan debts by 2 percent. It doesn't sound like much, except it means the payback for that student loan has now been increased by 20 percent over the life of the loan. It means these students, borrowing money to go to school, deeper in debt, will now be paying off their student loan debt into their 50s. Imagine that student graduating today--23, 24 years
old, maybe--looking ahead to 20 or 30 years of paying off student loan debt. Finally, in their early 50s, they have paid it all off, and now they have a few years to contemplate their retirement.
What is wrong with that picture? What is wrong is students and families in middle-income circumstances are bearing this burden, and this burden is increasing, as I will show, as the cost of college education increases. So instead of talking about a $38,000 tax break for someone who makes $1 million a year, we believe on this side of the aisle that we should allow the deductibility of college education expenses. If you can deduct the amount of interest you pay on your home to encourage home ownership, why shouldn't a family be able to deduct some of the costs of college education from their tax expenses so we can encourage students to go on, further their education, and make this a better country? It is a question of tax priorities: on one side of the aisle, estate tax relief for those in the highest income categories; on this side of the aisle, we are talking about relief when it comes to tax deduction for the real cost of college education expenses.
Most of the families I represent in Illinois were quick to tell me, during the August break, how bad gasoline prices were. We know in the last 5 years they have increased 104 percent. They started coming down in the Midwest, but I think there is a false sense of security here. A lot of people were sacrificing to put more gasoline in the car, but we still don't have a national energy policy, and there is no guarantee that a few weeks from now those gasoline prices will not go back up again because we have no bargaining power.
We are so dependent on foreign oil today that we can't say to those who gouge us and those who want to really charge us the most that there is anything we will do about it. And this administration has not really called the oil company executives in, Exxon and others, to explain the absolutely unprecedented level of profits they took as the gasoline prices went up. That industry made more money more quickly than any industry in America, and they reached higher profit levels than any industry had recorded previously. Yet this administration sat back and said w can do nothing about it as Americans and families and businesses and farmers paid the price. As the cost of gasoline goes up, as prices have in the last several months, families have faced that sacrifice. Now comes the heating oil season for many, and that may again increase the cost of expenses for these families.
Take a look at what has happened as well when it comes to family health insurance premiums under this administration. Family health insurance premiums have increased 71 percent in the last 5 years. That means the average premium for family health insurance went from $6,348 when President Bush took office to $10,880. Is it any wonder families are feeling the squeeze? These premium increases, of course, translate into another $300 or $400 each month that a family has to come up with just to have the same health insurance as last year and maybe less coverage.
Have we discussed expanding health insurance or making it more affordable on the floor of the Senate? Only once and just for a few days. I salute Senator Enzi, Republican from Wyoming, chairman of the HELP Committee, for bringing a health insurance proposal to the floor. We had another proposal here. We tried, if we could, to work out something ahead of time to have a bipartisan approach. We didn't get it done. I hope that in the next Congress, we can find a way to bring real relief on a bipartisan basis to families that are struggling with these health insurance premiums.
I mentioned earlier the cost of education and student loans. This graph shows what has happened under this administration since the President took office with regard to the increased costs of college. They have gone up
$3,688, the average annual cost of a public 4-year college, tuition, fees, room, and board. So there was a 44-percent increase in just this 5-year period of time under this administration, increase in college cost. Again, wouldn't our Tax Code be more sensible if we helped families pay this difference, if we helped them put their kids through college to get a good degree and a good life and contribute to this country? Wouldn't that be a higher priority in terms of our Tax Code than whether Bill Gates is going to end up being excused from paying an estate tax when he passes away?
There is also a concern as well with retirement plans. Take a look at what has happened in the last 5 years. In the last 5 years, 3.7 million fewer Americans have retirement plans. The number of workers with employer-sponsored retirement plans has gone down from 56.2 million to 52.5 million, which means more vulnerability.
A lot of people who had paid into a retirement plan through the course of their work experience believed that they had paid their dues, taken the money out of their check every week, and that the day would come and they would see it, that they would finally get to retire and relax. Then came mergers and consolidations and corporate sleight of hand and legal work, and the next thing you know a lot of these pensions started disappearing. So many families are concerned, concerned about when or if they can retire.
You read the stories in the paper all the time in Illinois and every other State about those who had their future plans wrecked when they lost their pension benefits. It has happened at the airlines. It has happened in so many industries across our country. We know it makes a real difference in life. A lot of people who thought they would be spending their time worrying about where to go fishing now are acting as greeters at stores around America and trying to find part-time jobs just to keep it together.
We need to do something about retirement in this country, and one thing we do not need to do is privatize Social Security. Privatizing Social Security is, of course, supported by the President but not by the American people. They know the math doesn't work. Taking money out of the Social Security trust fund for people to experiment with their investments is going to weaken that fund unfortunately. They will be unable to make the payments our Social Security retirees need. If there is ever a time when we need Social Security to be strong, it is now, as we see fewer and fewer Americans with retirement plans.
The number of Americans without health insurance has gone up dramatically under this administration, from 39.8 million Americans with no health insurance to 46.6 million Americans. Those who are insured will tell you many times that their health insurance is not very good. They come up to me at town meetings in Illinois and talk about frightening scenarios where someone in their family had a serious illness, a diagnosis, and then when they tried to pay off the medical bills, it turns out the health insurance fought them all the way. These health insurance companies are spending a lot less on care and a lot more on battles with the people who have the health insurance, denying coverage whenever they can. So we have to really get back to this issue as part of the priorities of this Congress. I am sorry that this Republican Congress has not really come up with assistance that many of these Americans need with health insurance
Overall, as we go through this litany, you can understand as you go through this litany why this next chart is where it is today. In the last 5 years, under this administration, household debt has gone up over $26,000. Because Americans are struggling to make ends meet, because the cost of college and health care and gasoline and heating your home has gone up dramatically, Americans have had to borrow more and more just to keep up. They are right on the edge, trying to pay off very expensive credit card debt.
There has been a 35-percent increase in household debt in the last 5 years for the reasons I mentioned earlier, from an average inflation- adjusted debt per household of $75,000 to over $101,000. This debt is hanging over the heads of many Americans, and if there is any rock in the road that Americans families trip over--if someone gets sick, loses a job, a divorce, something unforeseen--they are going to find themselves then facing default on their debt and even higher interest rates.
While this has been going on for the average American, employee compensation has gone down some 4.6 percent. So while all the debts have been
piling up, the compensation that is being given to individuals has been going down. Meanwhile, corporate profits are up 8 percentage points. So we can see that the share of corporate income going to profits and employee compensation has gone in opposite directions, and those directions do not benefit those families that are struggling to get by.
Those who run the corporations are doing quite well, thank you. In the last 5 years, the pay for the chief executive officers of major corporations in America has gone up over $1.6 million individually. This average pay here of $5.2 million when the President took office is now up to $6.8 million. So while the pay for employees is going down and expenses are going up, in the boardrooms the median CEO compensation has gone up substantially.
When you take a look at the tax cuts under this administration, their economic record, tax cuts are over 150 times larger for millionaires than they are for most households in America. So we gave the tax cuts of $103,000 for those in the highest income levels and $684 for those making less than $100,000 a year. So the so-called tax cut program has not really helped those families struggling the hardest.
What has happened to employment, creation of jobs in America, is illustrated by this chart. We have seen the average annual growth rate of nonfarm employment in America under every President. You have to go back to Herbert Hoover and the Great Depression to see a decline of 6 percent in employment in America. You will see the lowest number of any President since Herbert Hoover has been registered by this administration, in the creation of jobs. That is the average annual growth rate of nonfarm employment. It is the slowest job growth in America in over 70 years.
The other sad reality is, while all of these things have taken place, this represents the famous wall of debt which Senator Conrad of North Dakota has brought to our attention over and over again. When President Bush took office, our national debt was $5.8 trillion. Today, it is over $8.5 trillion--a dramatic increase in America's debt in a 6-year period of time. With policies which this administration supports and many on the other side have been arguing for, we can see America's debt reaching $11.6 trillion in 2011. So in a 10-year period of time, we will have virtually doubled--not quite but almost doubled--the debt of America, which means we are leaving a burden for our children, a burden with which they will have to deal--a burden with which they will have to deal as we see more and more baby boomers in Social Security and Medicare. As we see fewer people working, those who remain in the workforce will not only have to face their own personal challenges economically, but they will have to deal with the debt that we are leaving behind.
If this is fiscal conservatism, I don't understand the meaning of the term.
Why is it that we have reached this point? Sadly, the economy is not going as planned. We are facing a war which costs between $1.5 billion and $3 billion every week, and the other side continues to come to the floor and ask for something that no administration has ever asked for in the history of the United States--a tax cut in the midst of a war. That is what the Senator from this morning was suggesting. He wants to cut the estate tax. By cutting the estate tax there will be less revenue for our Government, the war will continue, and our debt will grow. These numbers will have to be adjusted upwards for the debt we are going to leave our children.
Yesterday we had a hearing with the Democratic Policy Conference to discuss the war in Iraq. We had two generals and a Marine Corps colonel who spoke to us. They spoke on a lot of things that we need to do to make America safer and make sure we win this war in Iraq. But one thing that MG John Batiste said I really thought was important. He said--and I think we all believe--that America can rise to a challenge. America can meet a challenge. We have done it so many times in our history. We have won wars when we were not expected to. We put a man on the Moon when a lot of people scoffed at that possibility. We developed medical breakthroughs which no one would have dreamed of. We led the world in computer technology development and in so many areas one by one. Whether it was in agricultural production or in industrial development or innovation we have led the world. We have led the world because leaders have stepped forward--a President has stepped forward and challenged us and said we need to stick together, we need to work together to reach the goal.
General Batiste said yesterday--and I paraphrase his actual testimony, but I believe what he said. He said that what we need to be reminded of is we can meet any challenge as a nation. We need to be reminded, as well, if we are challenged and work together, we can win this war on terrorism. And he said it is going to involve sacrifice. It is not the first time Americans have been asked to sacrifice. They have done that many times. I believe that spirit of sacrifice is what is needed to make sure we keep America safe from terrorism and safe from other threats.
I see that Senator Ensign has come to the floor. I don't know whether he wishes to take the floor at this time. But I mentioned his name earlier. I commended him for bringing the health insurance issue to the floor. I hope in the next session that we can work together to try to find some bipartisan compromise to deal with this health insurance challenge. It is still out there and getting more challenging every day. Senator Enzi of Wyoming, as Republican chair of the committee, may have been the first one to bring the health issue to the floor of the Senate in the 10 years I have been here. I commend him for that.
Although we didn't see eye to eye on all of that, I hope we come back together and sit down and try to find some common bipartisan approach no matter who is in charge of the Senate in the next session.
I yield the floor. I suggest the absence of a quorum.
I ask unanimous consent to speak as in morning business. Mr. President, I thank the Senator from New Mexico. He is overly generous. I learned as a staff aide in the Senate that if an idea has many…
I ask unanimous consent to speak as in morning business.
Mr. President, I thank the Senator from New Mexico. He is overly generous. I learned as a staff aide in the Senate that if an idea has many fathers and many mothers, it has a much better chance of moving along than if it just has one.
Senator Domenici is being overly modest about his own role. This would not have gotten to first base--by ``this,'' I mean the competitiveness legislation--had not Senator Domenici created the environment in which it could succeed, and if he and Senator Bingaman had not had such a good partnership and been able to work together, set a good example and have been willing to step back and allow other good ideas that were progressing through the Commerce Committee and the HELP Committee.
It has been a remarkable exercise in restraint for many distinguished Senators, some among the most senior Members of the Senate, and at a time when politics is at a pretty high level.
I thank the Senator for what he said. It means a lot to me.
Mr. President, I ask unanimous consent to have printed in the Record a summary of the National Competitiveness Investment Act.
Mr. President, although most cannot hear it right now, I want to say how much all in the Senate appreciate the extra hours and the skill with which the staffs met and worked through August and over the last several weeks to bring the three committees together. Senator Ensign played a major role, and his staff did. There were many staffs. This was not a bill that Republicans wrote and Democrats looked at or vice versa. We did it together.
Future of Higher Education
Mr. President, today the Secretary of Education, Margaret Spellings, made an important speech at the National Press Club. In her remarks, she discussed the report from her Commission on the Future of Higher Education. This commission was chaired by Charles Miller, who was the former chairman of the board of regents of the University of Texas system and a leader in education reform at all levels.
I am very impressed with Secretary Spellings. I know her job. I once had it. I do not think we have had a more effective Secretary of Education. I am very impressed with Mr. Miller. I know about his work in Texas as part of a group of business leaders over the last 20 years who have led the country in terms of helping to set accountability standards in elementary and secondary education.
Mr. President, I encourage my colleagues to read Secretary Spellings' speech from today.
Secretary Spellings is the first U.S. Secretary of Education to assume the role of lead adviser to coordinate all of higher education. I am glad she is doing that because almost every Department of the Federal Government has something to do with higher education. Currently, no one is the lead person for that. It ought to be the Secretary of Education. She stepped up to do it. I applaud her, and I applaud President Bush for asking her to do that.
The Secretary's recommendations in her speech today are sensible and respect the prerogative of Congress to make major changes in higher education policy. In plain English, she laid out some very good recommendations, but she recognized that is one branch of Government, we are the Article I branch of Government, and if there are major changes in policy, we will make them here, and then it is their job to implement it.
But among the strong recommendations in her report are the following: Simplify the financial aid system. We are already doing that, having worked with the Secretary on a commission, and it is included in the higher education bill that has not passed. That is a very good recommendation. Another recommendation is expanding more access to more students. The initial cost estimates of her commission's report suggest its recommendations might cost $9 billion or $10 billion more in terms of Pell grants. That is a lot of money, but it is an important goal.
Another recommendation is increased competitiveness. The Secretary's commission spent quite a bit of time urging the Congress and the country to adopt the recommendations of the Augustine commission, to adopt the recommendations of the Council on Competitiveness, and to adopt the President's recommendations on competitiveness. That was a help in getting us come to the point in this body where tonight Senator Frist and Senator Reid will introduce the National Competitiveness Investment Act.
The Secretary's committee recommended less regulation for higher education, which is something I want to talk a little bit more about in a moment. I thoroughly agree with that. And, of course, another recommendation is to find ways to reduce costs, which every family who has a student headed toward higher education thinks about. In our own family, where we have two new grandchildren who are less than 1 year of age, the parents--our children--are already thinking about it: How in the world are we going to pay for college out of our budgets in 18 years? That is at the top of almost everyone's concern.
I want to wave one bright, yellow flag, a cautionary flag, at one troubling aspect of the report of the Secretary's commission. That is best captured by the following sentence on page 13 of the commission's report, and I quote: ``Our complex, decentralized post-secondary education system has no comprehensive strategy, particularly for undergraduate programs, to provide either adequate internal accountability systems or effective public information.''
``Our complex, decentralized post-secondary education system has no comprehensive strategy. . . .'' The commission apparently believes that is a weakness. I believe that is a strength. I believe that is the greatest strength of our higher education system. The key to the quality of the American higher education system is that it is not one system, but that it is a marketplace of over 6,000 autonomous systems, independent systems.
These autonomous or independent institutions--such as the University of Tennessee, or Fisk University, or the Nashville Auto Diesel College, or Yeshiva University--these institutions are regulated primarily by competition--competition for students, for faculty, and for research dollars--and by consumer choice, which is fueled by generous Federal dollars that follow more than one-half of American college students to the institutions of their choice.
There is, in addition, a system of independent accreditation to help regulate these independent and autonomous institutions. To be sure, there is still plenty of the traditional kind of command-and-control Government regulation. That is very hard to get away from. Every State has a regulatory body, such as the Tennessee Higher Education Commission. And each of the 6,000 institutions I described that accepts students with Federal grants or loans must wade through over 7,000 Federal regulations and notices. Those regulations exist today.
The president of Stanford University has said that 7 cents of every tuition dollar is spent on compliance with Government regulations. The last thing American higher education needs is a barrage of new Federal regulations requiring sending new data to Washington so someone here can try to figure out how to improve the Harvard Classics Department or the Nashville Auto Diesel College, both of whose students are eligible for Federal grants and loans.
I believe the overregulation of higher education is the greatest deterrent to maintaining the quality of American higher education, and that autonomy, competition, and choice are the greatest incentives to excellence.
I would, therefore, wish to lead the bandwagon or be on the bandwagon or
push the bandwagon for more deregulation and to increase the autonomy of institutions of higher education and to preserve competition for research dollars and to give students the broadest array of education choices possible.
Today in America we are doing that much better than any other country in the world. It is instructive that China and several European countries are deregulating their overly bureaucratized colleges and universities to try to catch up with the quality of ours. Of course, better information informs choices. And, of course, easier transfer policies between or among institutions could increase opportunities. Much is to be gained from research that will help institutions measure what value their classes add to students.
But I do not want rules about transfer policies to diminish institutional autonomy. I do not want to see rules from Washington substitute for choice and competition as the principal regulators of the quality of our colleges and universities. I do not want to see even more tuition dollars go to pay for complying with costly Government regulations instead of to improving research and teaching in the classroom.
By design or luck, the United States has created a magnificent marketplace environment that has resulted in, by far, the best higher education system in the world with remarkable access for students of all incomes. Our goal should be to improve that system, not to replace it with some command-and-control structure.
Mr. President, I spoke before the Secretary's Commission on December 9 of 2005, and I hope that those remarks were useful to the Commission.
Mr. President, I want to comment that it is important to keep all of this discussion in some perspective. For example, there is a great concern about the rising cost of tuition. Secretary Spellings, in her remarks, says she wants to know why. Well, I know why it has gone up. It has gone up because State funding for higher education has been flat. It has actually gone down in many cases. As State funding of colleges and universities in Minnesota or Tennessee or South Dakota has gone down, colleges and universities have had to raise their tuition to have enough funds to maintain quality.
Now, of course, there are plenty of ways to reduce costs, and we need to push that and encourage that. And the Secretary has many suggestions for that. She is right about that. But let's not overlook the fact that Federal spending for higher education has gone way up in the last several years, but State spending has been flat. If anyone wants to know why your tuition bills are higher, it is because your Governors and your legislatures have not been paying their fair share of what it takes to have a quality system of higher education in America. I talked about that in my testimony to the Commission, and I hope they listened to that. I hope the Administration and my colleagues understand that as well.
For example, during the 5-year period from 2000 to 2004, State spending for Medicaid, which is where the Governors have to put most of their extra money, was up 36 percent; State spending for higher education was up barely 7 percent. As a result, tuition went up 38 percent.
There is another way I think about it. When I left the Governor's office nearly 20 years ago in Tennessee, Tennessee was spending 51 cents of every State tax dollar on education and 16 cents on health care--mainly Medicaid. Today, instead of 51 cents on education, it is 40 cents on education. And instead of 16 cents on health care, it is 26 cents on health care. So if we do not get control of Medicaid spending here in this Chamber, and in the other Chamber, one of the unintended consequences will be that we will drive down the quality of higher education all across America because it will not have appropriate State funding and we will not create the new jobs that will help us compete with China and India.
On the question of cost, two other things: One is, I ask unanimous consent, Mr. President, to have printed in the Record a short column by the president of the University of Maryland, William E. Kirwan, who discusses State funding that I have just talked about, and talks about what some colleges and universities are doing to reduce costs to help control the rise of tuition.
Sometimes we talk so much about the high cost of higher education where families hear that and think no one can go to college. I was president of the University of Tennessee. Tuition has gone up there for the reasons I just talked about. But today tuition at the University of Tennessee, which is one of the leading research institutions in this country--the manager of the Oak Ridge National Laboratory--is $5,300 a year. It is $5,300 a year for tuition at the University of Tennessee. That is more than a lot of people have, but that is a very good bargain in today's marketplace.
Volunteer State Community College, a public 2-year college--we encourage many people to go to community colleges, and then to our research universities--the tuition there is $2,383 a year.
At Tennessee State University, in Nashville--an excellent institution--it is $4,300. It is the same story in many other States. At the University of North Carolina at Chapel Hill, for North Carolina students--one of the best universities in the world--it is $4,500 a year. At the University of Phoenix--a different kind of university, but I had a distinguished scientist from the University of Texas tell me he looked at colleges of education all over America, and he thought the college of education at the University of Phoenix was as good as any to get your teacher's degrees--the comparable cost there for a year's tuition is about $6,669. They do things a little differently, but they provide an education and a service that many people are asking for, and I think that reflects the strength of our autonomous system of higher education.
Now, if you want to go to Harvard, it is a lot more. If you want to go to Vanderbilt, it is a lot more. But the rest of that story is, if you show up at Harvard, or if you are admitted to Vanderbilt, and you do not have the money, they are going to do their best to help you pay for that.
So I would hope as we talk about the cost of higher education that we recognize that many of the State institutions are reasonably priced, that the failure of State funding over the last several years is the principal culprit in the rising increase for public schools, and that we do not get carried away up here in Washington by thinking if we pass some more regulations here, somehow we are going to solve the problem, and we are going to make our higher education system better.
My main point is this: Our greatest threat to quality higher education is overregulation. And our greatest incentive for it is deregulation, choice, and competition. Those are the incentives I would like to preserve.
Mr. President, I yield the floor.
Mr. President, I rise today with my distinguished colleague Senator Bennett to introduce the Indian School Bus Route Safety Reauthorization Act of 2005. This bill continues an important Federal…
Mr. President, I rise today with my distinguished colleague Senator Bennett to introduce the Indian School Bus Route Safety Reauthorization Act of 2005. This bill continues an important Federal program begun in 1998 that addresses a unique problem with the roads in and around the Nation's single largest Indian reservation and the neighboring counties. Through this program, Navajo children who had been prevented from getting to school by roads that were often impassable are now traveling safely to and from their schools. Because of the unusual nature of this situation, I believe it must continue to be addressed at the Federal level.
I'd like to begin with some statistics on this unique problem and why I believe a Federal solution continues to be necessary. The Navajo Nation is by far the nation's largest Indian Reservation, covering 25,000 square miles. Portions of the Navajo Nation are in three States: Arizona, New Mexico, and Utah. No other reservation comes anywhere close to the size of Navajo. To give you an idea of its size, the State of West Virginia is about 24,000 square miles. In fact, 10 States are smaller in size than the Navajo reservation.
According to the Bureau of Indian Affairs, about 9,800 miles of public roads serve the Navajo nation. Only about one-fifth of these roads are paved. The remaining 7,600 miles, seventy-eight percent, are dirt roads. Every day school buses use nearly all of these roads to transport Navajo children to and from school.
About 6,400 miles of the roads on the Navajo reservation are BIA roads, and about 2,500 miles are State and county roads. All public roads within, adjacent to, or leading to the reservation, including BIA, State, and county roads are considered part of the Federal Indian Reservation Road System. However, only BIA roads are eligible for Federal maintenance funding from BIA. Moreover, construction funding and improvement funding from the Federal Lands Highways Program in TEA- 21 is generally applied only to BIA or tribal roads. Thus, the States and counties are responsible for maintenance and improvement of their 2,500 miles of roads that serve the reservation.
The counties in the three States that include the Navajo reservation are simply not in a position to maintain all of the roads on the reservation that carry children to and from school. Nearly all of the land area in these counties is under Federal or tribal jurisdiction.
For example, in my State of New Mexico, three-quarters of McKinley County is either tribal or federal land, including BLM, Forest Service, and military land. The Indian land area alone comprises 61 percent of McKinley County. Consequently, the county can draw upon only a very limited tax base as a source of revenue for maintenance purposes. Of the nearly 600 miles of county-maintained roads in McKinley County, 512 miles serve Indian land.
In San Juan County, UT, the Navajo Nation comprises 40 percent of the land area. The county maintains 611 miles of roads on the Navajo Nation. Of these, 357 miles are dirt, 164 miles are gravel and only 90 miles are paved. On the reservation, the county has three high schools, two elementary schools, two BIA boarding schools and four pre-schools.
The situation is similar in neighboring San Juan County, NM, and Apache, Navajo, and Coconino Counties, AZ. In light of the counties' limited resources, I do believe the Federal Government is asking the States and counties to bear too large a burden for road maintenance in this unique situation.
Families living in and around the reservation are no different from families anywhere else; their children are entitled to the same opportunity to get to school safely and to get a good education. However, the many miles of unpaved and deficient roads on the reservation are frequently impassable, especially when they are wet, muddy or snowy. If the school buses don't get through, the kids simply cannot get to school.
These children are literally being left behind.
Because of the vast size of the Navajo reservation, the cost of maintaining the county roads used by the school buses is more than the counties can bear without federal assistance. I believe it is essential that the Federal Government help these counties deal with this one-of- a-kind situation.
In response to this unique situation, in 1998 Congress began providing direct annual funding to the counties that contain the Navajo reservation to help ensure that children on the reservation can get to and from their public schools. The funding was included at my request in section 1214(d) of TEA-21. Under this provision, $1.5 million was made available each year to be shared equally among the three States. The funding is provided directly to the counties in Arizona, New Mexico, and Utah that contain the Navajo reservation. I want to be very clear: these Federal funds can be used only on roads that are located within or that lead to the reservation, that are on the State or county maintenance system, and that are used by school buses.
This program has been very successful. For the last six years, the counties have used the annual funding to help maintain the routes used by school buses to carry children to school and to Headstart programs. I had an opportunity in 1998 to see first hand the importance of this funding when I rode in a school bus over some of the roads that are maintained using funds from this program.
The bill I am introducing today provides a simple 6-year reauthorization of that program, for fiscal years 2005 through 2010, with a modest increase in the annual funding to allow for inflation and for additional roads to be maintained in each of the three States. The text of the bill is identical to that passed last year by the full Senate in H.R. 3550, the SAFETEA bill.
I believe that continuing this program for six more years is fully justified because of the vast area of the Navajo reservation--by far the Nation's largest--and the unique nature of this need that only the Federal Government can deal with effectively.
I don't believe any child wanting to get to and from school should have to risk or tolerate unsafe roads. Kids today, particularly in rural and remote areas, face enough barriers to getting a good education. The Senate already passed this legislation last year. I ask all Senators to join me again this year in assuring that Navajo schoolchildren at least have a chance to get to school safely and get an education.
I am pleased that Congressmen Tom Udall of New Mexcio, Rick Renzi of Arizona, and James David Matheson of Utah are introducing a companion bill today in the House. I look forward to working with them this year and with the Chairman of the Environment and Public Works Committee, Senator Inhofe, and Senator Jeffords, the ranking member, to incorporate this legislation once again into the comprehensive 6-year reauthorization of the surface transportation bill.
I ask unanimous consent that text of the bill be printed in the Record.
Mr. President, I rise today to introduce legislation that will enhance the future economic vitality of communities in Otero, Lincoln, Torrance, Guadalupe, and Quay Counties.
The purpose of this legislation is to focus attention on the need to upgrade U.S. Highway 54 to four lanes. I believe improving the transportation infrastructure will help attract good jobs to South, Central, and Eastern New Mexico.
I am honored to have my good friend and colleague, Senator Roberts, as the lead cosponsor of the bill. I am also pleased to have Senators Inhofe as an original cosponsor. In addition, Representatives Udall (NM), Lucas, and Pearce are introducing this bill today on the House side.
Our bill designates U.S. Highway 54 from the border with Mexico at the Bridge of the Americas in El Paso, TX, through New Mexico, and Oklahoma to Wichita, KS, as the Southwest Passage Initiative for Regional and Interstate Transportation, or SPIRIT, corridor. Congress has already included Highway 54 as part of the National Highway System. This bill adds the SPIRIT Corridor to Congress's list of High Priority Corridors on the National Highway System.
About half of the 700-mile-long SPIRIT corridor is in New Mexico and another 200 miles of it are in Kansas. Our goal in asking Congress to designate SPIRIT as a High Priority Corridor on the National Highway System is to help focus attention on the need for a complete four-lane upgrade of the route from El Paso to Wichita. When completed, the route will link rural areas in the four States to major market centers.
I continue to believe strongly in the importance of highway infrastructure for economic development in my state. Even in this age of the new economy and high-speed digital communications, roads continue to link our communities together and to carry the commercial goods and products our citizens need. Safe and efficient highways are especially important to citizens in the rural parts of New Mexico.
It is well known that regions with four-lane highways more readily attract out-of-state visitors and new jobs. Truck drivers and the traveling public prefer the safety of a four-lane divided highway.
In New Mexico, U.S. 54 is a fairly level route, bypassing New Mexico's major mountain ranges. The route also traverses some of New Mexico's most dramatic scenery, including three of the state's popular Scenic Byways. One is the Mesalands Scenic Byway in Guadalupe, San Miguel and Quay Counties, incorporating the beautiful tablelands known as El Llano Estacado. Another is the State's newest byway, La Frontera de Llano, which follows highway 39 from Logan to Abbott in Harding County, including the spectacular Canadian River Canyon and the Kiowa National Grasslands. The third byway is the historic Route 66, which crosses Highway 54 from Santa Rosa to Tucumcari.
The SPIRIT corridor passes through Alamogordo, home of the New Mexico Museum of Space History and gateway to the stunning White Sands National Monument.
Highway 54 is also important to our Nation from the perspective of national security. The route directly serves Fort Bliss, the White Sands Missile Range, and Holloman Air Force Base. It also passes through the Nation's breadbasket as well as some of the Nation's most important oil and gas fields.
The route of the SPIRIT corridor starts at Juarez, Chihuahua, Mexico, home of one the largest concentrations of manufacturing in the border region. As a result of increased trade under NAFTA, commercial border traffic is now much higher at the border crossings in El Paso, Texas, and Santa Teresa, New Mexico. In New Mexico, truck traffic from the border has risen to over 1000 per day and is expected to triple in the next twenty years.
The SPIRIT corridor is perfectly situated to serve international trade and promote economic development along its entire route. The route provides direct connections to four major Interstate Highways: I- 10, 1-35, I-40, and 1-70. SPIRIT is also the shortest route between Chicago and El Paso shaving 137 miles off the major alternative.
Though much of U.S. 54 is currently only two lanes, traffic has been rising dramatically along the entire route since NAFTA was implemented. In New Mexico, total daily traffic levels are nearing 10,000 and are projected to rise to 30,000, with trucks making up 35 percent of the total. In Oklahoma, traffic levels are up to 6,500 per day--40 percent of which are commercial trucks. These traffic statistics clearly reflect the SPIRIT corridor's attraction to commercial and passenger drivers.
New Mexicans recognize the importance of efficient roads to economic development and safety. I have long supported my State's efforts to complete the four-lane upgrade of U.S. 54. The State Department of Transportation rates the project a high priority for New Mexico. The four-lane upgrade of the first 56-mile segment from the Texas border to Alamogordo was completed in 2002. Two more sections in New Mexico remain to be upgraded: 163 miles from Tularosa, north through Carrizozo, Corona, and Vaughn, to Santa Rosa and 50 miles from Tucumcari to the Texas border near Nara Visa in Quay County. This corridor is currently a two-lane facility with no shoulders, no passing zones and various deficient areas. The cost to four-lane these two segments is estimated at $420 million.
I am pleased Governor Richardson has set aside over $130 million as part of the New Mexico's GRIP initiative to upgrade key portions of the route between Tularosa and Santa Rosa. I am committed to working with State to secure the funding required to complete New Mexico's four-lane upgrade as soon as possible. I am pleased the other states are also moving quickly to four-lane their portion of the route.
Once the SPIRIT corridor is designated, New Mexico will have four high-priority corridors on the National Highway System. The other three are the Ports-to-Plains corridor, the Camino Real Corridor, and the East West Transamerica Corridor. These four trade corridors, as well as our close proximity to the border, strongly underscore the vital role New Mexico plays in our Nation's interstate and international transportation network.
The SPIRIT project has broad grassroots support. Most of the cities, counties, and chambers of commerce all the way from Wichita to El Paso have passed resolutions of support for the four-lane upgrade of U.S. 54 along the entire corridor.
I do believe the four-lane upgrade of Highway 54 is vital to the continued economic development for all of the communities along the SPIRIT corridor in New Mexico. I again thank Senators Roberts and Inhofe for cosponsoring the bill, and I hope all senators will join us in support of this important legislation. It is my hope that our bill can pass quickly this year or be included when the Senate again considers the reauthorization of a six-year surface transportation bill.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to announce the introduction of the Military Retiree Survivor Benefit Equity Act of 2005. This bill is a major step forward in making our military's Survivor Benefit…
Mr. President, I rise today to announce the introduction of the Military Retiree Survivor Benefit Equity Act of 2005. This bill is a major step forward in making our military's Survivor Benefit Program fairer, more equitable, and more in keeping with our Nation's promise to our service members and their families. The bill combines two important fixes to the SBP. The first corrects a serious inequity in SBP that currently requires over a hundred thousand older military survivors to pay extra into the system for the same benefits as more recent enrollees. I have been fighting to fix this problem since the last Congress and am confident that this year we will succeed in providing basic fairness to these survivors.
This bill also eliminates the dollar-for-dollar deduction of the dependency indemnity compensation, DIC, which the VA pays to survivors, from SBP annuities. This policy is effectively a tax on military survivors at a time when so many of our brave men and women in uniform are dying in Iraq and their families are struggling to get by. Senator Nelson has long fought to eliminate this unfairness, and I am proud to stand with him today in introducing this comprehensive legislation.
The legislation that I introduced in the last Congress and which is included in this bill eliminates a major inequity in the SBP arising from a 1999 congressional act limiting the time required to pay into the plan. That act deemed retirees who are at least 70 years old and have already been paying into SBP for at least 30 years to be fully ``paid up'' for the purpose of receiving benefits. This was an important piece of legislation, but, unfortunately, Congress only made it effective in 2008. The result was that earlier enrollees--those who enrolled between 1972 and 1978--were forced to pay into SBP longer than enrollees from 1978 or later, up to 6 extra years of premiums. In other words, they had to pay in longer for the same benefits.
This inequity was further magnified by the fact that those earlier retirees paid much higher SBP premiums--10 percent of retired pay--for two full decades, until 1992, when the premium was reduced to 6.5 percent of retired pay.
This bill, by making the ``paid up'' provision effective this year, will finally grant these survivors--the widows and widowers of the Greatest Generation--the same benefits of those who enrolled in SBP in subsequent years. It will provide basic fairness to 135,000 survivors and allow us to honor their sacrifice and that of their loved ones.
This bill also eliminates the dollar-for-dollar reduction of SBP benefits by the amount received in dependency and indemnity compensation. Under current law, the surviving spouse of an active duty or retired military member who dies from a service-connected cause is entitled to $993 a month--for a survivor without children--from the Department of Veterans Affairs. However, the surviving spouse's SBP annuity is reduced by the amount of DIC.
SBP and DIC payments are paid for different reasons. SBP, in most cases, is elected and purchased by the retiree to provide a portion of retired pay to the survivor. DIC payments represent special compensation to a survivor whose sponsor's death was caused directly by his or her uniformed service. To offset DIC--which we provide to the families of those who have lost their life in the service of their country--from annuities earned and paid for, is blatantly unfair.
This bill has the broadest possible support among organizations representing our troops and their families, including Air Force Association, Air Force Sergeants Association, Air Force Women Officers Associated, American Logistics Association, AMVETS, Army Aviation Association of America, Associations of Military Surgeons of the United States, Association of the U.S. Army, Commissioned Officers Association of the U.S. Public Health Service, CWO and WO Association U.S. Coast Guard, Enlisted Association of the National Guard of the U.S., Fleet Reserve Association, Gold Star Wives of America, Jewish War Veterans of the USA, Marine Corps League, Marine Corps Reserve Association, Military Officers Association of America, Military Order of the Purple Heart, National Association for Uniformed Services, National Guard Association of the U.S., National Military Family Association, National Order of Battlefield Commissions, Naval Enlisted Reserve Association, Naval Reserve Association, Navy League of the U.S., Noncommissioned Officers Association of the United States of America, Reserve Officers Association, Society of Medical Consultants to the Armed Forces, Military Chaplains Association of the USA, Retired Enlisted Association, United Armed Forces Association, USCG Chief Petty Officers Association, U.S. Army Warrant Officers Association, VFW, and Veterans' Widows International Network. The Military Coalition has described this bill as a top legislative goal, and it is my expectation that it will have strong support in the Senate.
It is vital that we keep faith with the men and women who serve in our military as well as their families. The widows and widowers of our service members, those who are serving now and those who served us in earlier times, are owed our deepest gratitude. But in the face of their sacrifice, there is more that we should do. We cannot ever fully compensate them for their loss. But we can ensure that the benefits that they have earned are fair and just.
Mr. President, I join with Senators Kennedy and Smith and twenty-seven of our colleagues today in introducing a very important piece of legislation, the Ensuring College Access for All Americans Act.
This bill would prevent any student from seeing a reduction in the Pell grants under recent changes by the Bush administration to the formula used to calculate student aid eligibility. On December 23, 2004--just 2 days before the Christmas holiday, I might note--the Department of Education published updates to the allowance for state and other taxes that is used by students and their families to calculate their expected family contribution, or EFC, to college tuition. The EFC is the amount that students and their families are expected to contribute towards college in a given year.
Changes in a student's ``expected family contribution'' have a direct impact on that student's eligibility for a variety of types of financial aid. Simply put, as a student's expected family contribution goes up, their eligibility for financial aid goes down.
The Administration's changes to the tax tables have the effect of cutting $300 million from the successful Pell grant program, upon which more than five million students nationwide rely. It is projected that, as a result of these cuts, 1.3 million students will see a reduction in their Pell grants and another 89,000 will become ineligible for Pell grant assistance.
Not only will these changes drastically affect Pell grant eligibility and aid, but because the EFC formula is used to calculate eligibility for other forms of Federal aid, including federal student loans, as well as private institutional and state aid, these changes will cut practically all forms of student aid. Unfortunately, the Department's changes to the state and local tax allowance will increase the EFC for nearly all American families and students. While no New Jersey students are projected to lose assistance under this year's proposed cuts, they were projected to lose assistance under similar cuts proposed in 2003. I am very concerned that New Jersey students could be hurt going forward if the administration continues to update the tax tables based on outdated tax information.
Certainly, I do not disagree that the tax tables used to determine EFC, which have not been updated since 1988, may need to be revised to reflect current state and local tax burden. However, the administration's proposal does not reflect current tax levels. The updates reduce the credit that families receive for paying state and local taxes at a time in which they are actually paying more taxes. For example, the administration's new tax tables are based on Fiscal Year 2002 state tax information. According to the National Association of State Budget Officers, though, since FY 2002, states have enacted $14.1 billion in tax and fee increases. Again, because the administration's proposal is based on outdated tax information, it does not take into account these substantial increases in State tax burden.
In fact, the General Accounting Office issued a report last week that found that the Department of Education's procedures for revising the tax tables and the formula the Department used are seriously flawed. The GAO report, entitled Student Financial Aid: Need Determination Could be Enhanced through Improvements in Education's Estimate of Applicants' State Tax Payments, states, ``Education could not provide us with written procedures guiding staff on the routine steps necessary to update the tax allowance, nor did it maintain detailed records of its efforts to obtain data.'' The report goes on to say of the data the Department used to revise the tables,
As a result of certain limitations of the SOI [statistics
of income] dataset for the purpose of calculating the
allowance and problems with how Education uses this dataset,
the current state and other tax allowance may not fully
reflect the amount of taxes paid by students and families.
The dataset itself is not ideally suited for calculating the
allowance because it is limited to financial data from those
who itemize their taxes, does not include state and local
taxes, and is several years older than the income information
reported by students and families on the FAFSA.
The report further notes that because the SOI compiles data only for those who itemize their tax deductions, who may pay different tax rates than non-itemizers, the data is further flawed. The GAO goes on to suggest improvements to the Department's calculations and the data they use.
These changes also come at a time when tuition is rising dramatically at double digit rates, and students and working families are straining to provide the financial wherewithal to access America's promise of education. According to the College Board, tuition, room, and board at a four-year public university costs an average of $11,354, $824 more than last year and $1775 more than 2 years ago. In other words, tuition at public institutions has been increasing by almost ten percent a year. In fact, according to the National Association of State Universities and Land-Grant Colleges, tuition and fees at public institutions in New Jersey has increased by more than 40 percent since the 1999-2000 school year. In some states they've increased by more than 60 percent in the last five years.
To really understand these numbers, though, it's necessary to look at the people who are struggling to afford to go to college. To that end, I would like to read a couple of personal stories about the importance of the Pell grant program to a college-bound student and a student struggling to afford college now.
One student writes,
I am lucky enough to be attending a top-rate University and
receiving a quality education, but I rely on many federal
loans and aid, including a Pell Grant, in order to remain
where I am. When President Bush decided not to fully fund
Pell Grants, he left me and many others in a precarious
position. My Pell grant is still pending and I really am
counting on it to cover some of my basic expenses; it will be
a hardship until it comes--or worse if it doesn't come in
full. The President says he's an advocate for young people
with his dubious social security plans, but he leaves us
behind with his non-commitment to higher education.
A mother who fears she will no longer be able to afford to send her son to school writes,
I've saved money from the day my son was born so that he
may attend the college of his dreams. He is a gifted musician
and was awarded scholarships to attend Berklee in Boston.
With the help of the Pell Grant and other student loans, he
is now a freshman there and I'm proud to say is doing very
well. However, I am worried that with Bush having lowered the
income standard for Pell, Timmy may lose his grant and there
won't be enough money saved for him to stay in school. I
would like to give him the opportunity to pursue his dreams
and let his talent take him where it may. I see Bush cutting
programs from the have nots to give to the haves. How many
dreams is he going to destroy and how many more programs is
he going to cut?''
It's wrong, to cut $300 million--a small price to pay to ensure that low-income families can afford to send their children to college--from this program. And it's even worse to cut aid to 1.4 million families based on faulty calculations.
A college education today is essential to survival in our competitive marketplace. Not only does our economy thrive on an educated workforce, but also those who are educated and as a result are gainfully employed contribute enormously to our tax base. I am willing to venture that the costs of the Pell grant program are more than paid back by those who were able to go to attend college because of a Pell grant and today are productive, tax-paying citizens.
The Senate must prevent these cuts from becoming a reality. Thirty Senators stand behind the legislation I introduce today a bipartisan group of thirty Senators, I might add.
I hope that we can put politics aside and pass this legislation immediately to prevent any student from losing Pell grant assistance. Finally, I strongly urge the administration to take a close look at the GAO report and to reform the flawed system they have used to revise the tax tables.
Mr. President, I ask unanimous consent that the bill be printed in the Record.
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Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. Mr. President, I would like to discuss a bill Senator Dodd and I are introducing today. This is a bill about…
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I would like to discuss a bill Senator Dodd and I are introducing today. This is a bill about children, and it covers an issue that is difficult to think about or talk about, but one that is critical to many children and their families in our Nation.
What I am talking about is what we can do when a child develops a life-threatening or terminal illness. How do we make sure we do everything in our power to make a sick child as comfortable as possible and as happy as possible--everything in our power to ease their suffering--when that child is terminally ill. We have a pressing need for comprehensive, compassionate, continuous care for children who are facing death as a result of serious illness.
No parent or family member ever expects a child to die. With today's modern medicine and research advances, it is easy to think that only older people die, but, tragically, we all know that is not the case. That is why today we are introducing the Compassionate Care for Children Act, a bill we introduced previously in the 108th Congress along with Representative Deborah Pryce in the House. This legislation is an effort to help ensure that very sick children receive a continuum of care and that young lives do not end in preventable pain or fear or sadness.
Every year, over 55,000 children die in the United States. Some children will die suddenly and unexpectedly--in a car accident, by drowning, or fire, or by choking. Some may even be murdered. Others, though--thousands of children, actually--will be diagnosed with life- threatening illnesses or diseases that might eventually, over a period of time, take away these children's lives. Children with such illnesses are in and out of hospitals and clinics. They receive chemotherapy and radiation treatments. They might undergo multiple surgeries. They might have nurses and doctors poking and prodding at them nearly all the time. Some of these children are old enough to realize that they might die if the treatments for their diseases don't work. Others are too young to understand that reality.
One little girl--Liza--knew she was going to die. Shortly after her fourth birthday, she was diagnosed with a form of leukemia. For the next year, Liza's parents explored every possible medical option for her and every possible treatment. They took her to doctor after doctor after doctor, and they had access to the most cutting-edge therapies available to treat Liza's disease. Nothing seemed to work. At the age of five, Liza began to ask her mother what would come next, and whether she would soon die after her bone marrow transplant--her last chance for a cure--had failed.
Once the medical treatments had failed, doctors had little else to offer Liza. There was no discussion, tragically, about end-of-life care at the hospital for this little child. No one wanted to admit that they were out of
treatment options--that there was no cure--that she wasn't going to get better, have her life restored and her health restored--that she wasn't going to grow up and become an adult and have her own children someday. There was no discussion of that. No one in that hospital wanted to talk with Liza about death, even though this little girl pleaded with them to do so.
Liza's mother told the Washington Post that Liza asked her oncologist to tell her when death was near. This little five-year-old girl asked her doctor to tell her when she was going to die. Yet, on the final night of her life, as this little child lay dying in her mother's arms, near her father and her older sister, Liza asked, ``Why didn't the doctor call to tell me?''
Liza's parents were able to get some hospice care for their daughter during the last three months of her life. Tragically, fewer than 10 percent of children who die in the United States ever receive any sort of hospice care. When children like Liza are terminally ill, parents are forced to make decisions for their children under extremely emotional and stressful conditions. The decisions that confront these parents are ones that they never, of course, expected to have to make. Parents want what is best for their children. They want their children to get better and be healthy. They want their children to be pain free. They want their children to receive comfort and care when they are sick.
God forbid that parents find out their children are very sick--so sick they are never going to get better--so sick there are no more treatments and no more cures--and so sick they know their children are going to die. Those parents will try to do everything imaginable and everything possible in their power to help their children and make them comfortable--pain-free and happy in their remaining days.
Mr. President, we have an obligation to help those parents. Children with life-threatening diseases and illnesses require special medical attention to make their shortened lives more comfortable. We know that. Yet, despite that knowledge, the fact is, current federal law and regulations do not take into consideration the special care needs of a gravely ill or dying child. In fact, these federal laws and regulations get in the way of taking care of these children.
The legislation we are introducing today would help correct the deficiencies in current law and help sick children facing possible death live more comfortably and live with dignity. It would help them receive the comprehensive care they deserve and the comprehensive care we would expect for our own children.
Let me take a few moments to explain what our bill actually does. First, it offers grants so doctors and nurses can receive training and education to enable them to better understand these issues and to help them provide end-of-life care for these kids. The goal of these grants is to improve the quality of care terminally ill children receive. One of the ways we do this is to make sure doctors and nurses truly understand these issues so they can provide the care and be better informed. Our bill also provides money for the National Institutes of Health to conduct research in pain and symptom management in children. This research is critically important to improving the type of care that dying children receive.
An article in the New England Journal of Medicine stated that 89 percent of children dying of cancer die experiencing ``a lot or a great deal'' of pain and suffering. This does not have to happen. We can change that, and we must. This is simply not acceptable. Research has to be done so that children will not suffer needlessly.
In addition to grants, the second piece of our bill changes the way care is delivered to children with life-threatening illnesses. Right now, doctors, hospitals, and parents have to overcome significant insurance and eligibility barriers to enroll a dying child in hospice. First, to qualify for hospice, a doctor must certify that a child has six months or less to live. The problem with this ``six-month rule'' is that it is harder for a doctor to determine the life expectancy of a sick child than it is to determine the life expectancy of a sick adult or elderly person. A child dying of cancer, for example, may die in six months or six years, making that child ineligible for hospice care that would ensure a comfortable life while that child is alive. It is very difficult many times to estimate how long that child is going to live. This very rigid six-month predictability rule, which denies care, is very inhumane for these kids. It is wrong, and we have to change that rule.
According to Dr. Joanne Hilden and Dr. Dan Tobin, ``Sick children are still growing, which is a biological process very much like healing. So, when a child is diagnosed with illness, such as cancer or heart disease, he or she is much more likely to be cured than an adult.'' Simply put, diseases progress differently in children than adults, and children with terminal diseases get lost in the health care system designed for adults--a health care system that does not take into consideration the special needs of children.
Furthermore, the current system does not allow a patient to receive curative and palliative care simultaneously. In other words, current law does not allow doctors to continue trying life-prolonging treatments--treatments that could cure an illness or extend a life--and also at the same time provide palliative care to that patient. That means that current law does not allow the doctors to go in to provide typical hospice care where you make that child comfortable and do all the things to alleviate the pain and at the same time try to save the child's life.
That is wrong. That is simply wrong. That presents a parent with a horrible choice--a choice that no parent should ever have to make. That is tragic. Palliative care offers a continuum of care--care that involves counseling to families and patients about how to confront death--care that involves making the patient comfortable in his or her sickest hours--care that acknowledges that death is a real possibility.
Federal law requires a person who wishes to receive end-of-life care to discontinue receiving curative or life-prolonging treatment. This should not be an either/or decision for parents. I don't know of any parent who would give up trying to cure a sick child when there was any chance that child might be saved. They should not be put in this position.
Current law places parents in impossible positions. We simply must fix this. End-of-life care should be integrated with curative care so that parents, children, and doctors have access to a range of benefits and services. As I said earlier, palliative care should not be confined to the dying. It should be available to any child who is seriously ill.
That is why our bill creates Medicare and private market demonstration programs to remove these barriers, making it simpler and easier for doctors and parents to make end-of-life decisions for children. The demonstration program would allow children to receive curative and palliative care concurrently. This means children can continue to receive treatment and life-prolonging care while receiving palliative care at the same time. The demonstration program also removes the six-month rule so children can receive palliative care benefits at the time of diagnosis.
I would like to take a moment to tell my colleagues about another girl--Rachel Ann. Rachel Ann was a little girl who did receive palliative care from the time she was diagnosed with a grave heart problem. Rachel Ann had a heart that doctors describe as ``incompatible with life.'' Most babies with heart malformations like Rachel Ann die within a matter of days after birth. Rachel Ann's parents were devastated and distraught to see their tiny baby connected to a sea of wire and tubes, clinging to life.
Rachel Ann's parents were referred to a pediatric hospice and decided to bring their daughter home from the hospital so she could experience life with her family, surrounded by parents, brothers, relatives, and friends at home. Rachel Ann's parents say she seemed truly happy at home. She smiled and wiggled in response to voices and being held. Her brothers doted on their baby sister.
Rachel Ann was able to spend her life at home in comfort with her family. She lived for 42 days and her family was able to make every single moment count. On Christmas day, after spending the morning with her family, Rachel Ann passed away.
Fortunately, Rachel Ann and her family were able to spend as much time
together as possible with Rachel Ann as comfortable as possible. Her brothers were able to know their sister and to talk with hospice professionals about what was happening to her. Rachel Ann's parents and grandparents also were able to talk about her condition with hospice professionals and maintained an active role in her care. There was a support system in place for this family.
The terminal illness of a child is an incredibly difficult thing to confront for a parent and family. No one wants to think about children dying. No one wants to believe that children suffer, especially in this age of great medical advances. It is a horrible situation. But, it is one that we must face. We can always do more to improve the care that our children receive. We should continue to support research and finding cures for the diseases and illnesses from which children suffer. But, until those cures are found, and as long as children die from these diseases, we must provide care and support for a dying child. We have an obligation to provide that care and that support.
The bill we are introducing today will be an important step in this direction. It will provide tools and support networks to help grieving families in their time of need. It is the right thing to do, and I encourage my colleagues to join us in co-sponsoring this important piece of legislation.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today I am pleased to introduce the Sierra National Forest Land Exchange Act of 2005, the companion to legislation authored by Representative Radanovich. This legislation would assist…
Mr. President, today I am pleased to introduce the Sierra National Forest Land Exchange Act of 2005, the companion to legislation authored by Representative Radanovich.
This legislation would assist the Boy Scout Sequoia Council in taking ownership of part of the land on which Camp Chawanakee sits. By authorizing the transfer of ownership of part of the camp land to the Boy Scouts, we will help make Chawanakee a permanent member of the Fresno Community, and an asset that youth for generations to come can enjoy and benefit from.
Specifically, the bill would authorize a land exchange between the Federal Government and a private landowner as follows:
The landowner would receive 160 acres, 145 of which are submerged, on Shaver Lake. In exchange, the Forest Service would receive $50,000 and an 80 acre inholding that the landowner owns in the Sierra National Forest.
The Forest Service transfer to the landowner is conditional upon his conveyance of the parcel to the Boy Scouts within 4 months to benefit Camp Chawanakee.
Over the years, well over 250,000 youths and leaders from California, Nevada and Arizona have attended the Boy Scouts' Camp Chawanakee. Recently, summer camp attendance has exceeded 3,000 Scouts. While other camps in California have closed in recent years, Camp Chawanakee has grown to become one of the premier Scouting camps in the Nation.
I applaud Congressman George Radanovich's commitment to this issue and urge my colleagues to support this legislation. I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President. I am pleased to join Senators Corzine and Kennedy as a cosponsor of the bill Ensuring College Access for All Americans that restores cuts to the Federal Pell Grant Program for millions of students nationwide.
Federal Pell grants are the cornerstone of our need-based financial aid system ensuring that all students have access to higher education.
These grants provide nearly $12.8 billion to help about 5.3 million low-income students attend college.
However, approximately 89,000 students currently eligible for a Pell grant will lose it, while an additional 1.3 million students will see their grants reduced by as much as $100 to $300 due to cuts in the Federal Pell Grant Program.
In California, nearly 150,000 low-income students will see their federal Pell grants decrease or disappear.
These cuts have a huge impact on students at California's public colleges and universities.
Within the University of California system, almost half of the 46,000 Pell grant recipients who attend one of the eight UC campuses will receive reduced grants and about 500 students who receive $400 a year will lose their grants completely.
On December 23, 2004, the Department of Education issued a proposal that will cut $300 million from the Federal Pell Grant Program.
The proposal updates State and local tax tables used to determine families' expected contribution towards college cost in a given year resulting in students and their families being expected to contribute more for college expenses.
These changes, which use Fiscal Year 2002 State and local data, reduce the credit that families receive for paying State and local taxes at a time when they are actually paying more taxes.
Senators Corzine and Kennedy's bill ensures that no student loses their Pell grant or sees a reduction in assistance under the Department of Education's proposal to update State and local tax tables.
It would simply ``hold harmless'' any student who stands to lose under the new proposal, so that no student would see a reduction in their Pell grant. Those students in the States that stand to gain would still benefit from the new tax tables.
It is imperative that cuts to this important student aid program be restored so that students can continue to receive their Pell grants that they are eligible for.
I recently received a letter from one my constituents from Chino, CA, a parent who is very concerned about the cuts to the Pell grant program. The letter said:
This would result in millions of families, many of whom
depend on financial aid including Pell grants, such as my
children in college, losing all or part of their federal
support. . . . this affects us all and our children's future.
A college student from Contra Costa County in California wrote:
The amount of my Pell grant will not cover the cost of
supplies that I need for the semester. . . . my parents
cannot take out loans themselves. . . . so now I have to take
out loans of my own, which for the amount I was approved for,
doesn't even cover a quarter of my tuition. I really felt let
down and disappointed.
There could not be a worst time for making changes that would take away or shrink a student's financial aid.
Over 500,000 low and middle-income California students rely on Pell grants for financial assistance. The maximum Pell grant has been frozen at $4,050 for 3 consecutive years, while the costs of attending a 4- year public college or private college have increased both nationwide and in California.
We must do all we can to make college education more accessible and affordable for our Nation's students.
I urge my colleagues to join Senators Corzine and Kennedy in supporting this legislation.
Mr. President, I offer today legislation to authorize appropriations for fiscal years 2005 through 2011 to carry out the State Criminal Alien Assistance Program, SCAAP.
I am pleased to be joined on this bill by a bipartisan group of Senators, including Senators Kyl, Schumer, Cornyn, Boxer, McCain, Durbin, Crapo, Cantwell, Hutchison, Bingaman and Alexander.
This legislation is critical to ensuring that cash strapped states and localities are at least partially reimbursed for the costs of housing undocumented criminal aliens in their jails. Ultimately, were it not for the failure of the federal government to control illegal immigration, States and localities would not have to spend hundreds of millions of dollars in housing these individuals in their prisons and jails.
During the 108th Congress, this bill passed the Senate by unanimous consent but stalled in the House of Representatives. This year, passage of this legislation is even more critical given that the authorization for appropriations for SCAAP in the Immigration and Nationality Act expired in 2004.
While hard numbers can be elusive when determining the actual costs to American taxpayers of illegal immigration, not many would disagree that the costs are in the billions of dollars each year. These costs go to, for instance, education, medical care and incarceration. And even if we consider the tax contributions of undocumented aliens and subtract that from the total costs, we are still left with expenditures in the billions of dollars.
The cost of incarcerating undocumented criminal aliens alone is a staggering figure--millions of dollars each year. And these dollars expended by States and localities are not optional. They must be expended since incarcerating individuals convicted of committing a crime is not optional.
Since funding for SCAAP began in 1995, the amount appropriated has been as high as $565 million and as low as $250 million--and these figures only covered a portion of the costs expended by States and localities to house undocumented criminal aliens. Furthermore, every day States and localities expend other monies on undocumented criminal aliens that are not reimbursed by the federal government through SCAAP. Those expenses include public safety expenditures, expenses of trial proceedings, use of translators, cost of public defenders and the incarceration
expenses of undocumented criminal aliens for minor offenses that do not meet the standards of SCAAP.
The reality is that all 50 States, the District of Columbia, Puerto Rico and the U.S. Virgin Islands requested reimbursement through the SCAAP program in fiscal year 2004. In that year, $281,605,292 was awarded through the program.
Congress has an obligation to reimburse States and localities for the costs of incarcerating undocumented criminal aliens when the federal government fails in its responsibility to effectively deter illegal immigration.
During the 108th Congress, this bill--S. 460--passed the Senate by unanimous consent.
This year, passage of this legislation is all the more critical because authorization for SCAAP funds expired in 2004. Without funding, cash strapped states and localities are going to have to re-allocate monies from other areas within their criminal justice system to meet the costs of housing undocumented criminal aliens.
We in Congress can assist, albeit in small part, our states by supporting the ``State Criminal Alien Assistance Program Reauthorization Act of 2005''. This bill would amend section 241(i)(5) of the Immigration and Nationality Act to authorize appropriations at a level of $750 million for FY 2006, $850 million for FY 2007 and $950 million for FY 2008 through FY 2011.
Enacted as part of the Violent Crime Control and Law Enforcement Act of 1994, SCAAP reimburses States and localities that incur costs for incarcerating undocumented criminal aliens. These aliens must be convicted of a felony or two or more misdemeanors in violation of State or local law, and incarcerated for at least 4 consecutive days.
Funding for SCAAP has been appropriated by Congress annually since 1995. The program is administered by the Office of Justice Programs' Bureau of Justice Assistance, which is located in the Department of Justice.
During FY1997 to FY2003, approximately $3.5 billion was distributed to States and localities. California has historically received the largest annual awards since the program's inception, with Arizona, Illinois, New York and Texas also consistently receiving large awards. Unfortunately, authorization for SCAAP expired in October 2004.
SCAAP was established with the belief that protecting the nation's borders from illegal immigration is the responsibility of the Federal Government and that States and localities should be reimbursed by the Federal Government for expenses relating to these duties.
It is clear to everyone in this Chamber that immigration is a federal responsibility. In fact, the Constitution gives Congress plenary power over immigration, so States are legally barred from acting on their own. SCAAP has been set up over the years to reimburse states and local government for the costs of incarcerating undocumented criminal aliens.
It is based on the principle that when the Federal Government fails to enforce its laws against immigration violators, it should bear the responsibility for the financial costs of this failure.
Mr. President, I ask my colleagues to join me in supporting this legislation. I also ask unanimous consent that the text of legislation be printed in the Record.
Mr. President, I suggest the absence of a quorum. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, as we wind down this legislative session in…
Mr. President, I suggest the absence of a quorum.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, as we wind down this legislative session in this last week, we have a lot of work to do on the agenda. We have bills dealing with port security, Homeland Security appropriations, Defense appropriations, and border security, which is the subject of discussion right now, the Secure Fence Act of 2006, and those are probably going to be the things on which we can find consensus. We can add to that the issue of how we deal with detainees and continue to acquire high-value intelligence that will enable us to prevent future terrorist attacks. That legislation is coming down the pike, too. So we have a lot of things to vote on in the last few days before the election. And the assumption, of course, is that we will probably come back in after the election to wrap up some of the outstanding issues.
There are other pieces of legislation that could be dealt with in this period--legislation that is without controversy, legislation that has been acted on by the House of Representatives and on which there is broad bipartisan agreement. It seems to me, at least at this point in the legislative session, that in order to get these bills through, it is going to take considerable agreement on both sides of the political aisle, with enough critical mass behind them to get them through.
I have a bill that fits into that category. I have come to the Senate floor on a couple occasions to speak about it. It has been cleared by the House of Representatives by a vote of 355 to 9. Now it is sitting here, and Senator Salazar from Colorado and I have a substitute amendment to that, and as soon as it is picked up and the Senate passes it, it goes back to the House. The House has indicated that if we send it back, they will pass it. Then we can put it on the President's desk.
The bill has to do with an issue that I think is on the minds of a lot of Americans--energy independence. It is a fairly straightforward issue. As I have explained previously on the floor, it has to do with closing the gap in the distribution system between the production of ethanol, the supply of renewable energy in this country, and the demand for it, the ultimate consumer of renewable energy.
Right now, as you know, in the last year we passed an energy bill which required, for the first time ever, certain use of ethanol in this country--7.5 billion gallons by 2012. We are ramping up to that level now. In South Dakota, we already have 11 ethanol plants. We have three under construction, and in a short period we will be at a billion gallons a year--just in South Dakota. If you add to that the production underway in the Chair's home State of Minnesota and other States in the Midwest, there is a tremendous amount of ethanol that is in the pipeline. We have now a requirement that States around the country have to meet that 7.5 billion. I think we also have a ver robust demand for it because people in this country realize that if we are going to get serious about energy independence, we have to begin shifting away from some of the types of energy that we get from other places around the world. This is American energy, homegrown energy, renewable energy. We can raise it every year. We have a corn crop every year that can be converted into gallons of ethanol. We have other types of biomass materials that, raised in places such as the Midwest, are on the cusp in terms of the technology that will soon be available. One is switch grass. There is a research project at South Dakota State University right now looking at the probability in the near future of having the essential ingredients and processes that will enable us to make ethanol out of switch grass, something that is in abundance in the upper Midwest.
This movement toward renewable energy, American-grown energy, is long overdue. People are demanding that we begin to move in that direction. We have a renewable fuel standard, as a result of the Energy bill that passed, which is a great success for moving in that direction. We have, as I said, a lot of production now that is currently on line, with additional plants under construction. What we are missing is the method by which that ethanol or other renewable fuels--bioenergy--is distributed to consumers in this country.
Right now, we have about 180,000 filling stations in America, and only about 800 of those make available E85 or other alternative fuels. If you do the math on that, that is 1 filling station for every 10,000 cars that are currently capable of using E85 or some other form of alternative energy. The Auto Alliance--and probably Members of this Chamber have seen them--has run ads in some of the publications in town saying that today there are 9\1/2\ million cars on the road that can use alternative sources of energy. ``Flex-fuel vehicles'' is how we refer to them in most cases. If you look at the 9\1/2\ million cars already on the road and those currently in production, the car manufacturers are gearing up to come up with more vehicles that can run on alternative sources of energy, primarily 85.
We have an enormous opportunity out there, a great potential for increasing usage of ethanol and renewable fuels, thereby lessening our dependence upon foreign sources of energy, which has implications for our economy, for our national security, and foreign policy.
This is a win-win. This is flatout a no-brainer for America and for the Senate. Yet we have a hold--a secret hold--by someone on the Democratic side that is preventing this bill from moving forward.
Mr. President, I understand the traditions and the rules of the Senate allow for that sort of thing to happen, but whoever it is--and I have my suspicions about who it is--who has a hold on the bill, I wish they would come forward and defend that hold. This is a noncontroversial piece of legislation which has broad bipartisan support, has passed the House with a 355-to-9 vote, and is ready for action in the Senate. But as of right now, it is being held up by someone on the other side. Again, I don't know who that is. I would like to know who that is and have the opportunity to visit with them to find out what their objection is.
The reality is that this is a piece of legislation which makes so much sense for our economy and, as I said, for our need for energy independence, to have American energy so we can get away from our dependence on foreign sources of energy. It is good for the environment. There are so many benefits to moving this legislation forward. Again, it is heading in a direction that gets us away from dependence upon foreign energy and more energy independence in this country.
I come to the floor to urge my colleagues--it has been cleared on the Republican side. It is ready for action in the House. It is teed up to go there; we have talked with our colleagues in the House. It passed once there.
The amendment Senator Salazar and I have offered, the substitute amendment, is a modification of that bill, but it keeps in place the basic concept of the bill. Very simply, in terms of explanation, it provides up to a $30,000 cash incentive for fuel retailers to install pumps that would provide E85 or other types of energy. The average cost to install that pump is somewhere between $40,000 and $200,000, depending on where you are in the country. We believe the convenience stores and the gas stations across this country would take advantage of this if it were in place. It would do something about this ratio I just mentioned where we have 1 filling station for every 10,000 cars in this country that are capable of running on E85 or some other form of alternative energy.
Again, I commend this to my colleagues in the hopes that we can move ahead. We have a few days left this week before everybody heads home for the elections. We don't know what will happen with the elections. This is legislation which, as I said, is broadly supported on a bipartisan, bicameral basis and has the support of the auto manufacturers across the country and the National Association of Convenience Stores. I submitted letters previously for the Record expressing the support of the entire ethanol industry and environmental groups. I think it has been cleared on the Republican side, and I hope that whoever on the Democratic side who has placed a hold on the bill will make that known so we can discuss what the objection is and, hopefully, clear it for action so we can get something meaningful done about the issue of energy security before Congress goes home for the elections.
Mr. President, I raise the issue again, and I urge and ask and request that my colleagues work together to accomplish what I think is a very important objective before we leave for the election; that is, moving America in the direction of lessening our dependence upon foreign energy, becoming energy independent, and helping to address the issue of high gas prices in this country. This bill would do that. I simply ask my colleagues to work with me to get that done.
I yield the floor.
Mr. President, this is, plain and simple, about whether this Senate is going to allow legislation to go forward to reauthorize Ryan White, that allows the funding to follow the patients. What an…
Mr. President, this is, plain and simple, about whether this Senate is going to allow legislation to go forward to reauthorize Ryan White, that allows the funding to follow the patients. What an incredible thought, that we would be here at a stalemate over whether health dollars follow the individual HIV-positive and AIDS patients.
In North Carolina, we have gone on an aggressive program for volunteer
testing. The amazing thing we found out is that of those individuals now tested, 30 percent have full-blown aids, meaning that the options we have, that the health community has, are minimal from a standpoint of how we stop that disease in its tracks and give them any quality of life.
We are making the steps in North Carolina to try to identify the individuals who should be on a regimen of drugs. But by not allowing this bill to come to the floor for debate, we are denying the Senate the ability to bring the bill up and to consider the merits of it, and, yes, to amend it if we want to, to live with the majority of this body as to whether we change the funding formulas from what the committee has decided; which is, the funding should follow the patient.
My colleague from Oklahoma is an OB/GYN by profession. He has the medical degree. He understands the specifics of it. And the one thing that Tom Coburn has drilled in me over and over and over again is that to deny these individuals the ability to have the regimen of drugs that are available is to give them a death sentence. To deny this legislation to come up on this floor is to give a death sentence to somebody in America.
The likelihood is that some of those individuals with that death sentence live in North Carolina. Seventy-two percent of new North Carolina cases reported in 2005 were minority clients. Women of color in the South are 26 times more likely to be HIV positive than White females. In 2004, 66.7 percent of people living with AIDS in North Carolina were African American--the fifth highest rate in the Nation. The national average was 39.9 percent.
What is unique about this challenge of the demographic shift in where HIV and AIDS is affecting the U.S. population is that, for example, in North Carolina, in many cases, it is in rural North Carolina. The challenge is not only how you match the dollars for drugs with the patient, it is how you supply the transportation to the patient to get to the clinic where, in fact, they get their drugs. To deny the ability of the Senate to come to the floor and debate this bill, to bring it up and to address the merits of this formula change, to suggest that there is something wrong with allowing the funding to follow the patient--I am not sure I get it. I thought that is why America sent us here.
In 2004, North Carolina's contribution of $11.2 million a year represented the seventh highest among all States for ADAP programs in absolute dollars, and the second highest contribution as a State in percentage. Nobody can look at North Carolina and say we are not doing our share and more for the people who live in North Carolina.
But what we are denied by our inability to debate this legislation, to amend it, if some want to amend it, is to say that North Carolina will have to continue to make a bigger investment on the part of our State because certain States do not want to give up their Federal dollars, even though they no longer have the pool of HIV and AIDS patients.
In 2004--one comparison I will draw for this body--in Massachusetts, there were 8,254 individuals living with AIDS; in North Carolina, we had 7,245. Total Federal spending in Massachusetts for individuals living with AIDS was $18.6 million. In North Carolina, it was $8.1 million--$10 million shy of Massachusetts, with an affected AIDS population 1,000 less than Massachusetts. That one statistic shows the inequity that exists in the formula that we currently have within Ryan White.
One simple change means that funds will now follow the patients. That the concentration of dollars will go into the communities that affect the individuals who are infected with this disease.
I am not sure that many of us have stopped to focus on the fact that when the Federal Government makes an investment or the State government makes an investment to make sure that AIDS patients have the medications they need, we eliminate two hospital visits a year. A person living with AIDS today untreated will likely visit the hospital twice in any given year, for a week's stay each, once for a retinal infection, the second time for pneumonia. The average of those two stays is about $33,000
For an investment of slightly over $10,000 a year--part by the Federal Government, part by the State government, part by private entities--we can eliminate those two hospital visits.
So the inability to bring up this legislation, the inability to debate a change in Ryan White, an inability to let the money follow the patients means not only will New York keep their pot of money or California keep their pot of money, but it means North Carolina is going to pick up, in unrecoverable hospital expenses, about $22,000 per year per patient for whom we could not provide the medicine. So not only are we not investing the Federal money wisely because it is being invested in communities that do not have the patient population anymore, we are turning around, and the Federal Government is picking up, in the case of North Carolina, 60-plus percent of the Medicaid expense, or of the disproportionate share of the hospital expense in DSH payments, or, in fact, the hospital is sitting there with a $33,000 bill and somebody unable to pay for it, and potentially it gives them a collection problem.
This is an opportunity for us to fix something that is broken, for us to do something that every person, every Member of the Senate understands the equity and the fairness of; and that is, if we are going to make a Federal investment, let's make sure the dollars follow the individuals who are affected with HIV and AIDS.
This is an opportunity for us to understand that AIDS does not recognize State borders, that it does not recognize the difference between sexes or ethnic backgrounds, that it has now infiltrated rural areas the same way it did urban areas years ago when we were reluctant to come to this floor and talk about it.
This is a health problem in America. It deserves our attention today. It demands that we change the formula to make sure as many Americans as possible who are infected with AIDS are, in fact, treated, in part with the money we devote out of the taxpayers' pockets to do it. The inability to bring this legislation up--to stand up and suggest that we would like to bring it up, and there is an objection--is to say, no, we do not want to debate it. Why? Because they do not want to fix it. They would rather allow a death sentence to be applied to somebody, to many people, across this country.
So as Dr. Coburn said, dogs can be watched, midnight dinners can be had, but the fact is, this legislation is focused on how we get lifesaving drugs to individuals who are infected with HIV and AIDS. My hope today is that Members who are scared to have this debate will come to the floor and lift their hold, will agree to the unanimous consent request, and come down and have a debate on this and try to defend--try to defend--these numbers, try to tell me that having $18 million for 1,000 more HIV/AIDS patients is fair. In fact, it is not fair.
We are obligated--we are obligated--as Members of this body to change the formula so it represents where the best investment can be made, and to where the American people look at it and know we have responded in a fair and equitable way.
I thank the chairman for the committee's commitment to do this legislation, for the work of the chairman and his leadership in, quite frankly, coming up with a very difficult bill to address the input of many different regions of the country and many different States. But the same population--a population that was infected with HIV/AIDS, regardless of where they live, regardless of where they grew up, regardless of what their skin color is, regardless of whether they are male or female--they ought to be equitably treated as it relates to the distribution of Federal funds available for them to access lifesaving treatments and drugs for their disease.
My hope is that at the end of this day the Chair, the committee, but more importantly the individuals who are infected across this country, will, in fact, win and we will pass this legislation and change this unfair funding formula
I yield the floor.
Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with. Mr. President, earlier today, my colleague, Senator Durbin of Illinois, took the floor to describe a…
Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with.
Mr. President, earlier today, my colleague, Senator Durbin of Illinois, took the floor to describe a resolution he and I submitted and a number of others cosponsored with him to both recognize the contributions of our former colleague, Senator Paul Wellstone, and to, in that resolution which has now been submitted in the Senate, commit ourselves to making a mental health parity bill a high priority in the next Congress, the 110th Congress.
I want to join with Senator Durbin, Senator Coleman, and Senator Dayton, who also spoke on this topic today, in recognizing the contribution of our former colleague, Paul Wellstone, and to rededicating ourselves in his memory to trying to get this mental health parity bill passed once and for all.
It almost seems impossible that it was almost 4 years ago this next month when we tragically lost our friend and colleague, Paul Wellstone, and some others--his wife and others--in that tragic plane crash in Minnesota.
He was a very special individual to all of us. He was one of the best friends I ever had. Of course, I think he was to millions of other people around America. They thought he was one their best friends also because of what he stood for and what he fought for. He was always sticking up for the kind of little person--people who didn't have much voice or power around here.
Paul had one burning goal during his all-too-short tenure in the Senate, and that was to get mental health put on the same parity as physical health. He struggled mightily to get that done.
After his tragic death in October of 2002, many here talked about the need to pass in his memory the Paul Wellstone mental health parity bill. We still have not gotten it done. Four years later, we remember that political science professor who came to the Senate. He had a great impact.
Paul once said, politics is about what we create by what we do and what we hope for and what we dare to imagine. He dared to imagine and to fight for the end of neglect and denial surrounding issues of mental health, especially access to mental health services.
Right now, over 41 million persons suffer from moderate or serious mental disorders each year. Less than half receive any needed treatment. However, 80 to 90 percent of mental disorders are treatable by therapies and medications. Paul fought hard with his characteristic passion for the Mental Health Parity Act, to end this absurd practice of dividing mental health from physical health and putting them into different categories under health insurance.
Mental disorders account for 4 of the 10 leading causes of disability for persons age 5 and older. In fact, depression is the leading cause of disability in the United States. Tragically, mental disorders are also major contributors to mortality. Some 30,000 Americans die by suicide each year.
According to the Substance Abuse and Mental Health Services Administration, undertreated and untreated mental disorders cost the Nation in excess of $200 billion annually, hurting the economy, the profitability of businesses, and, of course, our Government budgets.
For example, a report released earlier this month by the Department of Justice found that more than half of all prison and jail inmates, including 56 percent of State prisoners, 45 percent of Federal prisoners, and 64 percent of local jail inmates were found to have a mental health problem.
We do not treat the mental health; we hire more police. People with mental health problems cause problems in society, and they turn, perhaps, to crime or illicit drugs to somehow treat themselves and their mental disorders and they wind up in our jails. And we pay and we pay and we pay for this as a society. More than half of all of the people in jails and prison in America have mental health problems.
A lot of opponents of mental health parity claim it will drive up the cost of health care. However, an interesting study released on March 30, 2006, in the New England Journal of Medicine released results of a study that evaluated the Federal Employees Health Benefits Program, the one we are under, to which we all belong. This has provided insurance parity for mental health since 2001. The researchers found that when the care was managed, the cost of coverage for mental health problems attributable to parity did not increase the cost, and the quality of the care remained constant.
Interesting. In our own health benefits program since 2001 we have had mental health parity. And guess what. The costs have not gone up, and the quality of care has remained constant. The Wellstone Mental Health Parity Act is modeled after the mental health benefits provided through the Federal program.
Many cost studies miss something that is very important: they fail to calculate and quantify the benefits and savings that will result from parity. They fail to weigh the offsetting cost-benefits to employers from increased productivity, reduced sick leave, reduced disability costs. Indeed, a true comprehensive assessment of the costs of parity must take into account the costs of not providing parity, including the economic costs in the workplace, the cost to taxpayers of shifting of burden to public systems--as I mentioned earlier, our prisons and jails--the cost of care of homeless persons, the cost of care of our public mental health systems, the increased cost in emergency room visits. Add up all that and the cost of not treating people with mental illnesses comes to around $79 billion a year.
When workers suffering from depression receive treatment, many of the medical costs decline by $882 per employee per year. Absenteeism drops by 9 days. Again, if we provide that care, we are saving money and increasing productivity.
Also, the good news is that millions of people with mental illness can recover. I don't know why so many people think once you have a mental illness, that person is doomed for life. That is like saying if I have a physical illness, forget it, I have to have it for the rest of my life. Not true. It is the same for mental health. People have problems; they need help; they get it; they get over it. They can reclaim their lives if they are provided treatment and support in a timely fashion.
To that end, it is time to do away with the discriminatory practice of treating mental and physical illnesses as two different categories under insurance. It is time to do away with the barriers to mental health treatment and coverage. It is time to pass mental health parity.
I might remind the Senate, we did pass it once on the 2002 appropriations bill. I happened to be chairman that year on the health appropriations bill. We passed mental health parity in the Senate. It got voiced-voted. No one even objected. Imagine that. We passed it. It went to conference. We kept it in on the Senate side, but we went to conference with the House and we lost it because the House objected to it, by two or three votes. By two or three votes in conference we lost it. We came that close in 2002 to getting mental health parity.
What has happened since? Why have we fallen so far backward? Why hasn't the Senate, since that time, brought it up? As I said, in 2002, we did it. Since 2003, it has not even been brought up. Hopefully, in the next Congress, we will bring it up again, we will pass it again, like we did before.
For those who had the privilege of serving with Paul Wellstone, his spirit is still very much with us. He still inspires us and he still calls us to conscience. Each day that we fail to pass this legislation, as we have for years, we are cheating millions of Americans. Each day that we do not step up to the plate and provide adequate mental health coverage to our citizens, we cheat them from reclaiming their health and well-being, and we starve society of the talent, contributions, and productivity they have to offer. It is a disservice to society to sweep mental illness under the rug and to deny people access and coverage of adequate treatment.
Congress should make the Wellstone Mental Health Equitable Treatment Act a priority for the 110th Congress. With widespread support and widespread need, passage of this legislation is long overdue.
Mr. President, I am proud to join with my colleague from the great State of Kansas, Senator Pat Roberts, and introduce the Bleeding Kansas National Heritage Area Act. I appreciate the Senator's hard…
Mr. President, I am proud to join with my colleague from the great State of Kansas, Senator Pat Roberts, and introduce the Bleeding Kansas National Heritage Area Act. I appreciate the Senator's hard work and passion on this bill. Likewise, I commend Representative Jim Ryan who authored this bill in the House of Representatives who, like Senator Roberts and I, worked tirelessly to pass this bill last Congress. And finally, I would like to thank Senator Domenici, Chairman of the Energy and Natural Resources Committee and Senator Thomas, Subcommittee Chair, National Parks, for working with me in the 108th Congress. Through their hard work and the work of their staff, the Bleeding Kansas National Heritage Area Act passed the Senate. It is my hope that we will once again be able to see this bill pass the Senate but also pass the House of Representatives in the 109th Session.
The great story of Kansas can be summed up in the, State motto, ``Ad Astra per Aspera,'' to the stars through difficulties. Though only a short phrase comprised of four words, the meaning and passion behind the Kansas State motto are as profound as they are descriptive of a State that though smaller than some, was a catalyst for racial equality in this Nation.
From inception, Kansas was born in controversy--a controversy that helped to shape a nation and end the egregious practice of chattel slavery that brutalized an entire race of individuals in this country. I cannot think of a more noble or more important contribution provided to our Nation--though arguably it was one of the most turbulent and darkest hours of our history. Without this struggle however, the battle to end persecution and transform our country into a symbol of freedom and democracy throughout the world would not have been realized.
Last year, 2004, marked the sesquicentennial of the signing of the Kansas-Nebraska bill which repealed the Missouri compromise, allowed States to enter into the Union with or without slavery. This piece of legislation, which was passed in May 1854, set the stage for what is now referred to as, ``Bleeding Kansas.'' During this time, our State, then a territory, was thrown into chaos with Kansans fighting passionately to ensure that the territory would inter the Union as a free State and not condone or legalize slavery in any capacity. At the end of a very difficult and bloody struggle, Kansas entered the Union as a free State and helped to spark the issue of slavery on a national level. However, Kansas' contributions to the realization of freedom in this Nation did not stop with the Kansas-Nebraska Act.
Keeping true to our motto, to the stars through difficulties, Kansas opened up her arms to a newly freed people after the Civil War ended. Many African Americans looked to Kansas for solace and prosperity when the South was still an uncertain place. Perhaps one of the best examples of Ad Astra per Aspera was the founding of a town in Kansas by African Americans coming to our State to begin their life of freedom and prosperity.
Founded in 1877, Nicodemus, which was named after a legendary slave who purchased his freedom, is the most recognized historically black town in Kansas. Nicodemus was established by a group of colonists from Lexington, KY, and grew to a population of 600 by 1879. However, Nicodemus is not the only Kansas contribution that shaped a more tolerant Nation. Kansas was also one of the first States to house an African American military regiment in the 1800s, the Buffalo Soldiers.
The Buffalo Soldiers were, and still are, considered one of the most distinguished and revered African American military regiments in our Nation's history. One of those regiments, the 10th Cavalry, was stationed at Fort Leavenworth, KS. In July 1866, Congress passed legislation establishing two cavalry and four infantry regiments that were to be solely comprised of African Americans. The mounted regiments were the 9th and 10th Cavalries, soon nicknamed ``Buffalo Soldiers'' by the Cheyenne and Comanche tribes. Lt. Henry O. Flipper, the first African American to graduate from the United States Military Academy in 1877 and commanded the 10th Cavalry unit where he proved that African Americans possessed the quality of military leadership. Until the early 1890s, the Buffalo Soldiers constituted 20 percent of all cavalry forces on the American frontier. Their invaluable service on the western frontier still remains one of the most exemplary services performed by a regiment in the U.S. Army.
These are just a few examples of why I am pleased to join with my colleague from Kansas, Senator Pat Roberts, today and introduce the Bleeding Kansas National Heritage Area Act, which will not only serve to educate Kansans but the Nation on the important contributions--and in many cases the sacrifices--made in order to establish this proud state. The creation of this heritage area will ensure that this legacy is not only commemorated but celebrated on a national level.
Specifically, the Bleeding Kansas National Heritage Area Act will designate 24 counties in Kansas as the ``Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area.'' Each of these counties will be eligible to apply for the heritage area grants administered by the National Park Service.
The heritage area will add to local economies within the State by increasing tourism and will encourage collaboration between interests of diverse units of government, businesses, tourism officials, private property owners, and nonprofit groups within the heritage area. Finally, the bill protects private property owners by requiring that
they provide in writing consent to be included in any request before they are eligible to receive, Federal funds from the heritage area. The bill also authorizes $10,000,000 over a 10-year period to carry out this act and states that not more than $1,000,000 may be appropriated to the heritage area for any fiscal year.
Kansas has much to be proud of in their history and it is vital that this history be shared on a national level. By establishing the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area, we will ensure that this magnificent legacy lives on and serves as a stirring reminder of the sacrifices and triumphs that created this Nation--a Nation united in freedom for all people.
Mr. President, I rise to discuss an issue of considerable importance to the people of southern Colorado. For nearly 50 years, the people of southern Colorado have lived with the knowledge that within…
Mr. President, I rise to discuss an issue of considerable importance to the people of southern Colorado. For nearly 50 years, the people of
southern Colorado have lived with the knowledge that within a few miles of their homes, schools, and places of business lies one of the largest stockpiles of chemical munitions in the world. The Pueblo Chemical Depot was built during World War II and continues to this day to serve as an ammunition and material storage facility. Since the mid-1990s, the primary mission of the depot has been to protect the 780,000 chemical weapons being stored there.
As required by the Chemical Weapons Convention, the Department of Defense in 1997 launched an aggressive program to dismantle the U.S. chemical weapons stockpile. The program has since repeatedly stumbled and has not met the expectations of the international community, Congress and, most important, the people who live near these stockpiles. The costs of the program have risen from $15 billion in 1997 to $24 billion in 2001, an increase of $9 billion in 4 years. Some have estimated that the program will cost as much as $30 billion by the time it is completed.
The time schedule has experienced unconscionable delays. Last year cleanup of Pueblo was expected to be completed by 2011. The Department's latest budget decision has pushed the date all the way back to 2021, 9 years after the Chemical Weapons Convention treaty deadline.
Numerous safety incidents have occurred at operational sites, shutting down one facility for 9 months. Poor contracting has resulted in the shutting down of another facility, which is now costing the Federal Government $300,000 a day to keep operationally ready. It was hardly a surprise then when the President's own management assessment last year labeled this program as ineffective.
On top of these numerous problems, the Department of Defense has failed to fully communicate its intentions to either Congress or the local community. Last week, for instance, Senator Salazar, my colleague from Colorado, and I met with two Department of Defense officials to discuss this program. At that meeting we requested that the Defense Department answer some questions and were promised a written response from Under Secretary of Defense Michael Wynne within 3 days. That meeting was held over a week ago, and we have yet to receive a response.
At least we in Congress can get a meeting. Members of the local community in Pueblo, CO have been trying to get an official from the Defense Department to meet with them to discuss the Pentagon's plans for weeks. Despite the fact that the Defense Department is trying to unilaterally shut down the design work at Pueblo, the Pentagon has not taken the time to meet with the residents who, if the Pentagon gets its way, will be forced to live for another 15 years near an aging stockpile housing three-quarters of a million chemical weapons.
The latest and most frustrating Pentagon effort in this program is to study once again the possibility of transporting the 2,600 tons of mustard gas across the State of Colorado to an incinerator site out of the State. Never mind that this option has been studied at least three times in the past decade, and never mind that current law prohibits the transport of chemical munitions across State lines, and never mind that transporting these weapons out of State would violate the agreement the Defense Department made with the people in Pueblo.
This study is unnecessary and a waste of taxpayers' hard-earned dollars. I don't know how simpler we can make it. I have already been told by Pentagon officials that the study is going to conclude that the transportation of chemical munitions across State lines is not practical. If that is the case, why do the study? Why waste $150,000 to study the feasibility of an option that is against the law and has already been determined by the Pentagon to be impractical?
With the Department wasting money on meaningless studies, it is no wonder that this program is over budget and behind schedule. I think it is time we took a stand against the Pentagon's wasteful actions. Therefore, I am introducing legislation today that will stop this study and force the Department of Defense to recognize that the only option for destroying its chemical munitions is to build a disposal site in Pueblo.
I am pleased to announce that my colleague from Colorado, Senator Ken Salazar, has agreed to cosponsor this legislation. I wanted to mention, though, that Senator Mitch McConnell, Senator Bunning, and Senator Shelby have also agreed to cosponsor. We should not forget that Senator McConnell in particular has been fighting the Department on this issue for over a decade. In many respects, Senator McConnell's hard work has paved the way for the legislation I am introducing today along with my colleague from the State of Colorado, Senator Salazar.
I urge my other colleagues to join us in putting the Department on notice that this kind of wasteful, meaningless effort will not be tolerated.
I believe it is time the Pentagon took a good look at its chemical demilitarization program. Our country cannot afford to throw away our scarce defense dollars into a program that continues to be so incredibly mismanaged. Nor should our Nation's diplomats be put in the position of having to explain why we can't meet our treaty obligations to the likes of China, Iran, or France. Most importantly, we cannot forget the thousands of innocent Americans who continue to live near these sites. They bear the burden of the Pentagon's mismanagement. It is not fair to them when all they have asked for is that these munitions be cleaned up in a manner that is safe and does not harm the environment.
Mr. President, I come to the floor today, along with my good friend Senator Mike DeWine, to introduce the Compassionate Care for Children Act of 2005. This important legislation is designed to…
Mr. President, I come to the floor today, along with my good friend Senator Mike DeWine, to introduce the Compassionate Care for Children Act of 2005. This important legislation is designed to greatly improve the quality of care provided to terminally ill children and their loved ones, as well as the training of those that provide for their medical care.
The subject of childhood illness is a difficult one. However, for children facing a serious illness and their families, it is a subject that must be examined. Tragically, we know that close to 55,000 children under the age of 19 die each year. Some are lost to accidents. Many are lost suddenly to complications related to prematurity. However, many other children are diagnosed with life-threatening conditions and begin a battle that, tragically, many will eventually lose.
For these children and their families, palliative care is often the only way to ease their great burden. Very broadly, palliative care seeks to prevent or relieve the physical and emotional distress produced by a life-threatening condition or its treatment, to help diagnosed children and their families live as normal a life as possible, and to provide accurate and timely information to ease decisionmaking. And while many view palliative care as necessary for only the terminally ill, any child with a serious illness and their family would benefit greatly from its broad scope of services.
Sadly, determining how best to care for a child facing a life- threatening or terminal illness requires an expertise that too few healthcare professionals possess. Too often, healthcare professionals serving a child with a life-threatening condition are at a loss as to how best ease the child's pain, comfort the child's family and loved ones, and coordinate the range of services required.
The legislation we introduce today would seek to close this knowledge gap by authorizing $35 million annually to provide for research and training related to childhood palliative care. Specifically, the legislation will authorize the Secretary of Health and Human Services to award grants to health care providers and health care institutions to expand pediatric palliative care programs, to research new initiatives in pediatric palliative care--such as issues related specifically to pain management for children--and to provide training to healthcare providers serving children requiring pediatric palliative care services.
According to Children's Hospice International, close to one million children are seriously ill with a variety of progressive afflictions at any one time. Parents of these children face a multitude of heart- wrenching decisions related to the appropriate course of treatment for their children. Among the choices available to some parents is one that I believe no parent should ever be forced to make. Under current law, seriously ill children are not eligible to receive simultaneous curative and palliative care.
Imagine forcing a parent to choose between seeking a cure for their seriously ill child or services designed to ease their child's burden. Again, no parent should ever be required to make
this choice and under the legislation we introduce today, parents will no longer be forced to decide whether to forgo curative treatment options for their children in order to receive palliative care. In eliminating this unnecessary and cruel requirement, the Compassionate Care for Children Act establishes a demonstration program under Medicare that will encourage the development of more coordinated model systems of curative and palliative care.
This legislation would also ensure that seriously ill children treated under the demonstration program would not be subject to the so- called 6-month rule, a regulation currently in place that requires a physician's determination that an ill child has a life expectancy of 6 months or less in order to receive hospice services. As we all know, children are not simply little adults. Children's bodies react differently than adults to the onset of disease and various treatment options, making this determination possibly dangerously inaccurate.
Lastly, I thank the legislation's chief sponsors in the House of Representatives, Deborah Pryce and John Murtha. Representatives Pryce and Murtha have been tireless advocates on behalf of seriously ill children and their devotion to easing the struggle of these children and their families is truly admirable. I look forward to continuing working with my colleagues from the House to advance the Compassionate Care for Children Act in the 109th Congress.
Mr. President, when Senator DeWine and I first introduced this legislation in the last Congress, we were joined by members of the National Childhood Cancer Foundation. Each year this valuable organization sponsors ``Conquer Kids Cancer Gold Ribbon Days,'' an event that brings cancer patients, families, care givers and researchers from across the Nation to the District to lobby the Congress for increased resources to battle childhood cancers. At this event we heard from dozens of children and families from across this Nation that have battled serious illness. It is because of struggles like theirs that we are here today at the outset of an effort to better serve seriously ill children and those who love and care for them.
I know that I can say with confidence that we all wish for the day when no child fell ill to serious disease. Until that day comes, the Compassionate Care for Children Act offers children battling illness and their families the hope of eased pain, expertise in treatment, and informed decisions. They deserve no less. I urge all of my colleagues to support this important legislation.
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Mr. President, I thank and commend my friend and colleague, the assistant Democratic leader from Illinois, Senator Durbin, for submitting the Senate resolution honoring the memory of the late Senator…
Mr. President, I thank and commend my friend and colleague, the assistant Democratic leader from Illinois, Senator Durbin, for submitting the Senate resolution honoring the memory of the late Senator Paul Wellstone from Minnesota, my friend of 22 years, my colleague and mentor for my first 2 years in the Senate.
I also thank Senator Coleman, my present colleague, for his cosponsorship of this resolution and making it a bipartisan statement. I am proud to join as a cosponsor of the resolution.
It is hard to believe that it has been almost 4 years--it will be on October 25, 2006, when we will not be in session--since the terrible plane crash occurred that took the lives of Paul Wellstone, U.S. Senator from Minnesota, his wife and partner of 39 years, Sheila Wellstone, his daughter Marcia; the Democratic Party associate chair from Minnesota, Mary McEvoy; one of Paul's longtime valued Senate staffers here in Washington, Tom Lapic; and a young Minnesota aide, Will McLaughlin, as well as two pilots.
One of Paul's most important causes was that of mental health parity. The illness of a family member made this a very personal cause for him, as well as his compassion for those throughout this country who suffer from some form of mental illness and are unable to get the treatment they deserve and which is medically available because insurance companies will not pay for and treat mental illness with the same parity they do other physical health problems.
Senator Wellstone found a valuable partner in the distinguished Senator from New Mexico, Mr. Domenici. Together they worked on a bipartisan basis for several years against the fervent opposition of the medical insurance industry to pass mental health parity legislation.
In the aftermath of Senator Wellstone's death, then-majority leader of the Senate Tom Daschle succeeded in getting through the Senate the Wellstone-Domenici legislation, which passed the Senate but unfortunately hit opposition by the House of Representatives. And once again the medical insurance industry prevented one of Paul's legislative dreams from becoming law in 2002.
Despite assurances beginning in January of 2003 from the new Senate majority leadership that the Senate would act on successor legislation in honor of Senator Wellstone and pass mental health parity, despite the best efforts of Senator Domenici, who was then joined on our side of the aisle by Senator Kennedy and our own caucus leaders, Senator Reid and Senator Durbin, the Senate has neither considered as a body nor passed mental health parity in either the 108th Congress or the 109th Congress.
In other words, during the last 4 years following Senator Wellstone's terrible tragedy, the Senate has not acted to pass this legislation.
That is why Senator Durbin's resolution today is so timely and so important in these final days of the 109th session. It states that Senator Wellstone should be remembered for his compassion and leadership on social issues, and the Congress should act to end discrimination against citizens of the United States who live with a illness by passing legislation relating to mental health parity as a priority for the 110th Congress.
One of Paul's favorite quotes was that of a rabbi many years ago who concluded by saying: If not now, when? If not now, unfortunately, then at least in the 110th Congress, over the next 2 years, it is my fervent hope, although I will not be here, and even though my colleague, Senator Paul Wellstone, will not be here, his spirit will continue to carry this legislation forward, and with the leadership of Senator Durbin and others who have championed this cause in the Senate and with greater understanding perhaps on the other side of Capitol Hill in the House about the importance of this legislation to millions and millions of Americans, this would be one of Senator Wellstone's proudest moments. It would be one of the Senate's and Congress's great accomplishments, if mental health parity were to be made the law of this country for the millions of those who would benefit from it.
I again thank Senator Durbin.
I yield the floor.
I thank the Senator from Illinois. Senator Wellstone was an eternal optimist. I share the Senator's hope that something might be possible this year. If not, this resolution passing on that responsibility to the 110th Congress is very timely and appropriate. I am glad to cosponsor it.
Estate Tax
Mr. President, I object, not on my account but on behalf of some of my Senate colleagues who, I stress, want to join with the program.
I commend the chairman for his leadership on behalf of this legislation and the support of the reauthorization, but they object to the permanent reduction in funding for their respective States which would occur under the formula the chairman referenced. They share my hope, along with the chairman, that this issue can be satisfactorily resolved for all concerned before the expiration, September 30, so that this--I think we all agree--very important and valuable program benefiting all of our States can continue uninterrupted.
I do object on their behalf.
Mr. President, again, to make the record clear, I am not objecting on my own account but on behalf of my other Senate colleagues. I thank the chairman for that improvement in the funds that are going to Minnesota. I strongly support the program and intend to vote for it.
I thank the chairman again for his leadership and his continuing efforts to get this important legislation reauthorized.
Mr. President, I rise today to reintroduce a piece of legislation that is of paramount importance to the State of New Mexico and many other western States. This bill will address the mounting…
Mr. President, I rise today to reintroduce a piece of legislation that is of paramount importance to the State of New Mexico and many other western States. This bill will address the mounting pressures brought on by the growing demands of a diminishing water supply throughout the west.
The bill that I am introducing today authorizes the Department of the Interior acting through the Bureau of Reclamation to establish a series of research and demonstration programs to help eradicate non-native species on rivers in the Western United States. This bill will help develop the scientific knowledge and experience base needed to build a strategy to control these invasive thieves. In addition to projects that could benefit the Pecos and the Rio Grande, the bill allows other States in the west such as Texas, Colorado, Utah, California and Arizona to develop and participate in projects as well.
Allow me to explain the importance of this bill. A water crisis has ravaged the west for more than five years. Drought conditions have expanded throughout the Western United States. Snow packs have been continuously low, causing severe drought conditions.
The presence of invasive species compounds the drought situation in many states. For instance, New Mexico is home to a vast amount of salt cedar. Salt cedar is a water-thirsty non-native tree that continually strips massive amounts of water out of New Mexico's two predominant water supplies--the Pecos and the Rio Grande rivers.
We have already had numerous catastrophic fires in our Nation's forests including the riparian woodland--the Bosque--that runs through the heart of New Mexico's most populous city. One of the reasons this fire ran its course through Albuquerque was the presence of large amounts of Salt cedar, a plant that burns as easily as it consumes water.
Estimates show that one mature Salt cedar tree can consume as much as 200 gallons of water per day; over the growing season that's 7 acre feet of water for each acre of Salt cedar. In addition to the excessive water consumption, Salt cedars increase fire, increase river channelization and flood frequency, decrease water flow, and increase water and soil salinity along the river. Every problem that drought causes is exacerbated by the presence of Salt cedar.
I know that the seriousness of the water situation in New Mexico becomes more acute every single day. This drought has affected every New Mexican and nearly everyone in the west in some way. Wells are running dry, farmers are being forced to sell livestock, many of our cities are in various stages of conservation and many, many acres have been charred by fire.
The drought and the mounting legal requirements on both the Pecos and Rio Grande rivers are forcing us toward a severe water crisis in New Mexico. Indeed, every river in the inter-mountain west seems to be facing similar problems. Therefore, we must bring to bear every tool at our disposal for dealing with the water shortages in the west.
Solving such water problems is one of my top priorities and I assure this Congress that this bill will receive prompt attention by the Energy and Natural Resources Committee. Controlling water thirsty invasive species is one significant and substantial step in the right direction for the dry lands of the west.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, water is the life's blood for New Mexico. When the water dries up in New Mexico, so will many of its communities. As such, the scarcity of water in New Mexico is a dire situation. Unfortunately, the New Mexico Office of the State Engineer, NM OSE, lacks the tools necessary to undertake the Herculean task of effectively managing New Mexico's water resources.
Today, I introduce legislation that would allow New Mexico to make informed decisions about its limited water resources.
In order to effectively perform water rights administration, as well as comply with New Mexico's compact deliveries, the State Engineer is statutorily required to perform assessments and investigations of the numerous stream systems and ground water basins located within New Mexico. However, the NM OSE is ill equipped to vigorously and comprehensively undertake the daunting but critically important task of water resource planning. At present, the NM OSE lacks adequate resources to perform necessary hydrographic surveys and data collection. As such, ensuring a future water supply for my home State requires that Congress provide the NM OSE with the resources necessary to fulfill its statutory mandate.
The bill I introduce today would create a standing authority for the State of New Mexico to seek and receive technical assistance from the Bureau of Reclamation and the United States Geological Survey. It would also provide the NM OSE the sum of $12.5 million in Federal assistance to perform hydrologic models of New Mexico's most important water systems. This bill would provide the NM OSE with the best resources available when making crucial decisions about how best to preserve our limited water stores.
Ever decreasing water supplies in New Mexico have reached critical levels and require immediate action. The Congress cannot sit idly by as water shortages cause death to New Mexico's communities. I hope the Senate will give this legislation its every consideration.
I ask unanimous consent that the text of the bill be printed in the Record.
The bill I am introducing today seeks to enhance United States effectiveness in dealing with countries that are either emerging from civil strife and conflict or threatened with instability. It calls…
The bill I am introducing today seeks to enhance United States effectiveness in dealing with countries that are either emerging from civil strife and conflict or threatened with instability. It calls for the creation of certain fundamental capabilities within the Government, and the Pentagon in particular, that are critical to success in what has come to be called stabilization and reconstruction operations. These capabilities include the training and equipping of sufficient numbers of civilian and military personnel for such activities, as well as the development of a new guiding principle--one that designates stabilization and reconstruction as a prime Defense Department mission with the same priority as combat operations.
Often these missions will occur at the end of major combat operations. We have learned from recent experiences in Afghanistan and Iraq that the
United States will encounter significant challenges in seeking to ensure stability, democracy, and a productive economy in nations affected by conflict.
While United States Armed Forces are extremely capable of effectively projecting military force and prevailing on the battlefield, achieving United States objectives also requires successful stabilization and reconstruction operations after major fighting has ceased. Without success in the aftermath of large-scale hostilities, the United States hard-won military victories will be at risk. To achieve this success, the armed forces and civilian agencies of the United States Government must have the capabilities to support stabilization and reconstruction and to undertake effective planning and preparation well before the outbreak of hostilities.
There are many cases, as well, when timely intervention to stabilize a threatening situation can head off the need for a major combat operation. This legislation envisions that the same capabilities created to stabilize a post-conflict situation may also be used to prevent conflict in the first place, thus achieving United States objectives more effectively with less loss of life and less potential risk to our relations with other countries.
Much as the military component of a conflict requires extensive planning and training, we must also be well-prepared and trained for stabilization and reconstruction operations. To be fully effective in such operations, the United States needs to have Federal Government personnel deployed continuously abroad for years-long tours of duty so that they become familiar with the local scene and can earn the trust of indigenous people. The active component of the Armed Forces cannot meet all of these requirements. Personnel from other Federal agencies, reserve component forces, contractors, United States allies and coalition partners, and indigenous personnel must help.
This bill complements legislation I introduced last year, S. 2127, which calls for creation of a stabilization and reconstruction capability within the State Department. I am pleased the State Department created a new office for such activities. This bill is the important next step. It calls upon the President to issue a directive to develop an intensive planning process for stabilization and reconstruction activities, as well as the establishment of joint interagency task forces composed of senior Government executives and military officers to ensure coordination and integration of the activities of military and civilian personnel in a particular country or area of interest.
In addition, the bill calls upon the Secretary of Defense to take immediate action to strengthen the role and capabilities of the Department of Defense for carrying out stabilization and reconstruction activities as well as to support the development of core competencies in planning in other departments and agencies, principally the Department of State. It further calls for the Secretary of Defense to take certain actions to ensure that stabilization and reconstruction becomes a core competency of general purpose forces through training, leader development, doctrine development and the use of other force readiness tools.
I recognize that the subject matter of this bill is extremely broad in scope, and that it properly falls within the purview of other committees in addition to the Senate Foreign Relations Committee. However, I believe that the only way the United States will achieve long-term success in stabilization and reconstruction operations is if all resources of the United States Government are brought to bear on the country or area of concern. It is for that reason that I am introducing this bill, and I hope that my colleagues in this body, in particular Senators Warner and Levin, will agree to take a major role in examining the merits of those aspects of this bill that fall within their jurisdiction and expertise.
Mr. President, I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, I rise today to introduce the No Taxation Without Representation Act of 2005 in an effort to right a persistent injustice experienced by the 600,000 citizens of the District of…
Mr. President, I rise today to introduce the No Taxation Without Representation Act of 2005 in an effort to right a persistent injustice experienced by the 600,000 citizens of the District of Columbia, who have historically been denied voting representation in Congress.
This injustice is felt directly by District residents, but it is also a shadow overhanging the democratic traditions of our Nation as a whole. It is absurd that, in this day and age, ours is the only democracy in the world in which citizens of the capital city are not represented in the national legislature with a vote. The right to vote is a civic entitlement of every American citizen, no matter where he or she resides. It is democracy's most essential right.
I am proud to be the chief Senate sponsor of this bill, which Congresswoman Eleanor Holmes Norton is introducing today in the House, because it makes us the fully representative democracy we claim to be. And I am delighted that Senators Obama, Schumer, Mikulski, Sarbanes, Feingold, Dayton, Corzine, Dodd and Durbin are joining me as original co-sponsors. The point of the legislation is simple: It would provide the residents of the District with full voting representation by two Senators and a House Member, guaranteeing the residents of the Nation's capital with the same right to partake in our democracy that the citizens of all 50 States enjoy. Despite this bill's title, it would not exempt residents of the District from paying taxes.
In May 2002, the Governmental Affairs Committee, which I then chaired, held the first hearing since 1994 on this issue. Five months later, in October, the committee reported out legislation similar to the bill we introduce today. I was and am still proud of that accomplishment. Unfortunately, it was not enough. The bill died on the Senate floor, and with it, the hope of D.C. residents for equal voting rights.
The people of this city literally fight and die for their country. They help pay for the benefits to which all Americans are entitled. And yet, they are denied voting representation.
It is painfully ironic that we are introducing this legislation even as the young men and women, including many from the District of Columbia, are dying in Iraq so that Iraqis may live and vote in a representative democracy. About 1,000 Army and Air National Guardsmen and women from the District have been called upon to help fight the war on terrorism. Three have died in Iraq and one in Afghanistan. Yet, to our shame, these brave men and women cannot choose representatives to the Federal legislature that governs them and thus have no say in when or whether the nation should go to war.
The people of this city, more than most, live under the near constant threat of terrorism, and have been mightily inconvenienced by security precautions because of that threat. And despite Congresswoman Norton's ability to vote in committee, residents of D.C. have no one who can vote when homeland and national security policies are being crafted. A representative without the power to vote on the floor of the House simply isn't a real representative.
Furthermore, the citizens of Washington, D.C., pay income taxes just like everyone else. Only, they pay more. Per capita, District residents have the third highest Federal tax obligation. And yet they have no voice in how high those taxes will be nor how they will be spent.
The vast majority of Americans believe that D.C. residents have voting representation in the Congress. When informed that they don't, 82 percent of Americans, according to one poll, by the advocacy group D.C. Vote, say that they should.
In righting this wrong, we won't only be following the will of the American people. We will be following the imperative of our history. When they placed our Capital, which was not yet established in their day, under the jurisdiction of the Congress, the Framers of our Constitution in effect placed with Congress the solemn responsibility of assuring that the rights of D.C. citizens would be protected in the future, just as it is our responsibility to protect the rights of all citizens throughout this great country. Congress has failed to meet this obligation for more than 200 years, and I, for one, am not prepared to make D.C. citizens wait another 200 years.
In the words of this city's namesake, our first President, ``Precedents are dangerous things; let the reins of government then be braced and held with a steady hand, and every violation of the Constitution be reprehended: If defective let it be amended, but not suffered to be trampled upon whilst it has an existence.''
The people of D.C. have suffered from this Constitutional defect for far too long. Let's reprehend it and amend it together. I urge all of my colleagues to support this essential legislation.
Mr. President, today I am joined by Senator Mikulski of Maryland and seven of our colleagues in introducing legislation to repeal one of the most egregious tax subsidies found in the U.S. Tax Code.…
Mr. President, today I am joined by Senator Mikulski of Maryland and seven of our colleagues in introducing legislation to repeal one of the most egregious tax subsidies found in the U.S. Tax Code. Believe it or not, U.S. companies that move their manufacturing plants and good-paying jobs overseas will be rewarded with billions of dollars in tax breaks over the next 10 years. Unfortunately for both American workers and American taxpayers, this is absolutely true. Our bill will repeal this wrong-headed fiscal policy that has worked against the interest of American manufacturers for so many years.
Let me describe how this perverse tax subsidy works. Imagine two competing U.S. companies manufacturing a product for sale in this country. Company A has a plant with American workers. It sells its product here at home, immediately paying U.S. taxes on its profits. Company B, however, decides to shut down its U.S. plant, fire its American workers and build a new plant in a foreign country because it can produce the same goods at lower cost there, using underpaid foreign workers. Moreover, Company B pays almost no taxes in the foreign country and no taxes currently in the United States because it is entitled to tax ``deferral'' under our income tax laws. The Federal Tax Code allows firms like Company B to defer paying any U.S. income taxes on the earnings from those now foreign-manufactured products until those profits are returned, if ever, to this country.
In other words, when United States companies close down a manufacturing plant such as Huffy bicycles or Radio Flyer little red wagons, fire their American workers and move those good-paying jobs to countries like China, United States tax law actually gives these companies a large tax break. This tax break is not available to American companies that make the very same products here on American soil. So the U.S. company that decides to stay at home suffers a competitive disadvantage, a disadvantage that our tax laws have helped to create.
The congressional Joint Committee on Taxation says that this tax ``deferral'' loophole will dole out some $6.5 billion in tax breaks over the next decade to U.S. manufacturing companies that pack up their operations and relocate abroad. This tax loophole likely contributed to a loss of some 2.7 million U.S. manufacturing jobs since 2000 and encouraged the creation of over 1 million new jobs in the foreign manufacturing affiliates of U.S companies since 1993.
Last May, Senator Mikulski and I offered an amendment on the Senate floor to try to shut down this perverse $6.5 billion tax break. Our effort was supported by a number of organizations concerned about the loss of good-paying U.S. manufacturing jobs, including the International Union, United Automobile, Aerospace & Agricultural Implement Workers of America--UAW; the AFL-CIO; the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers; the International Brotherhood of Electrical Workers; and the Union of Needletrades, Industrial and Textile Workers, UNITE.
Regrettably, our amendment failed to get the votes it needed to pass. The powerful lobby for large multinational firms was able to keep this tax loophole fully intact. But I intend to offer this proposal again and again until this tax subsidy is finally repealed.
Frankly, I strongly disagree with the majority in the Senate that voted to retain this ill-conceived tax break, which hurts American businesses and workers. By their vote, our opponents essentially said let's continue to give enormous tax breaks that encourage U.S. companies to move their operations overseas and contributes to the dislocation of thousands of American workers.
The bill we are introducing today, like last year's amendment, is carefully targeted. It applies only to U.S. firms that move production overseas to low-tax countries and then turn around and import those products for sale here in the United States. Repealing this U.S. jobs export tax subsidy will not hurt the ability of U.S. firms to compete against foreign competitors in foreign markets.
In the final analysis, the approach taken in our legislation is measured and long overdue. As we work in Congress to reform the tax system in the coming year and shut down a number of arcane tax loopholes, this one should be at the top of the list. I urge you to cosponsor this bill.
Mr. President, on behalf of myself and Senators Corzine, Hagel, Durbin and Dayton, I am honored to introduce legislation today that we are convinced is necessary to fix a long- standing problem in…
Mr. President, on behalf of myself and Senators Corzine, Hagel, Durbin and Dayton, I am honored to introduce legislation today that we are convinced is necessary to fix a long- standing problem in our military survivors benefits system.
The system in place right now, even with the important changes we have made recently, does not take care of our military widows and surviving children the way it should. We should act to correct this in this session.
I have sought and found inspiration on this from Holy Scripture. In fact, a simple yet powerful passage in the Book of Isaiah captures so much of what we are all about as a Nation theses days and what this legislation is trying to do.
In Isaiah we are told, ``Learn to do good. Seek justice. Help the oppressed.'' And then we are admonished to, ``Defend the orphan. Fight for the rights of widows.''
Also in the first chapter of James, verse 27 we are told that in God's eyes the true measure of our faith is to look after orphans and widows in their distress.
This is powerful and clear direction that speaks to our hearts.
Last year, under Senator Reid's leadership and at the Senate's insistence, the Defense authorization bill corrected a long-standing inequity by allowing 100-percent disabled military retirees to receive concurrently their full retired pay and disability compensation.
That correction in law was long overdue and we need to continue to work to extend this change to include retirees with lower disability ratings.
But there is another related injustice that needs to be addressed. The legislation that we offer today will extend the same protection of benefits to the widows and orphans of our 100-percent disabled military retirees and those who die on active duty.
Back in 1972, Congress established the military survivors' benefits plan--or SBP--to provide retirees' survivors an annuity to protect their income. This benefit plan is a voluntary program purchased by the retiree or issued automatically in the case of service members who die while on active duty. Retired service members pay for this benefit from their retired pay. Then upon their death, their spouse or dependent children can receive up to 55 percent of their retired pay as an annuity.
Surviving spouses or dependent children of 100-percent service- connected disabled retirees or those who die on active duty are also entitled to dependency and indemnity compensation from the Veterans' Administration.
But the annuity paid by the survivors' benefits plan and received by a surviving widow or a child is reduced by the amount of the dependency and indemnity compensation received from the VA.
I know a little something about insurance and income security plans. And I don't know of any other annuity program in the government or private sector that is permitted to offset, terminate, or reduce their payments because of disability payments a beneficiary may receive from another plan or program.
The legislation that we are proposing today also makes effective immediately a change to the military SBP program that we enacted in 1999. We have already agreed that military retirees who have reached the age of 70 and paid their SBP premiums for 30 years should stop paying a premium. But we delayed the effective date for this relief until 2008. We should not delay their relief any further.
The United States owes its very existence to generations of soldiers, sailors, airmen, and Marines who have sacrificed throughout our history to keep us free. The sacrifices of today are no less important to American liberty or tragic when a life is lost in the defense of liberty everywhere.
We owe them and those they leave behind a great debt.
As Abraham Lincoln instructed us, ours is an obligation ``to care for him who shall have borne the battle, and for his widow, and for his orphan.''
Too often we fall short on this care. We must meet this obligation with the same sense of honor as was the service they and their families have rendered.
We will continue to work to do right by those who have given this Nation their all, and especially for the loved ones they may leave to our care.
I appreciate the cosponsorship of my colleagues--Senators Corzine, Hagel, Durbin and Dayton--and look forward
to working with everyone in the days ahead.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to introduce, along with my colleagues Senators Sununu and Dole, the Federal Housing Enterprise Regulatory Reform Act of 2005. This is needed regulatory reform at a…
Mr. President, I rise today to introduce, along with my colleagues Senators Sununu and Dole, the Federal Housing Enterprise Regulatory Reform Act of 2005. This is needed regulatory reform at a critical time for the Federal National Mortgage Association (Fannie Mae the Federal Home Loan Mortgage Corporation, Freddie Mac, and the Federal Home Loan Banks.
There is no doubt that our housing government sponsored enterprises GSEs, have been successful in carrying out their mission of providing liquidity for the housing market. The market has remained strong through tough economic times, and homeownership in this country is at an all-time high.
The housing GSEs, however, are uncommon institutions with a unique set of responsibilities and stakeholders. Fannie and Freddie are chartered by Congress, limited in scope, and are subject to Congressional mandates, yet they are publicly traded companies with all the earnings pressure that Wall Street demands. Additionally, Fannie and Freddie enjoy an implicit
guarantee by the Federal Government that has aided them in developing substantial clout on Wall Street. With their influence in the markets, their ability to raise capital at near-Treasury bill rates, and their use of the most sophisticated portfolio management tools, Fannie and Freddie today are no longer simply secondary market facilitators for mortgages.
The significance of Fannie Mae and Freddie Mac to our economy cannot be overstated. Together, the companies own or guarantee roughly 45.6 percent of all mortgage loans in the United States. The companies combined have issued over $3.9 trillion in obligations comprised of $2.2 trillion in mortgage backed securities and $1.7 trillion of GSE debt.
It is clear that the recent revelations at both Freddie Mac and Fannie Mae precipitate the need for Congress to address GSE regulatory reform. In 2003, Freddie Mac found itself treading through a wave of accounting problems and questionable management actions. That led to an income restatement of $5 billion, a penalty of $125 million and the removal of several members of its executive management. One year later, a similar surge of questionable practices was discovered at Fannie Mae. That led to the retirement and resignation of two of Fannie Mae's top management officials, as well as last month's ruling by the Securities and Exchange Commission, SEC, that Fannie could face a $9 billion income restatement.
At a minimum, the bar for a GSE should not be held lower than it is for any other company. In fact, given its congressionally chartered mission to serve a public interest, the bar should be held significantly higher. The operations of such companies should be managed with uncompromising integrity and unabridged transparency.
Our legislation would create a new independent world class regulator for Fannie Mae, Freddie Mac and the Federal Home Loan Banks. Our bill provides the new regulator with enhanced regulatory flexibility and enforcement tools like those afforded to the Federal Deposit Insurance Corporation, the Federal Reserve System, the Office of the Comptroller of the Currency and the Office of Thrift Supervision. Furthermore, the bill would:
Provide the new regulator the authority of receivership to close down a failing GSE and protect against a taxpayer bailout; provide the new regulator greater discretion in raising capital standards to protect against insolvency; provide the new regulator approval power over new programs and activities proposed by a GSE; provide the regulator with greater authority to limit exit compensation packages or golden parachutes for executives removed for cause; require the annual audits of Fannie Mae's and Freddie Mac's affordable housing programs to ensure that these programs support the enterprises' affordable housing mission; end presidential appointments to the board of directors of Fannie Mae and Freddie Mac, and would require all Federal Home Loan Bank directors to be elected.
This reform is important to restoring and maintaining the confidence that investors and the markets require. In light of the recent problems at Freddie Mac and Fannie Mae, it is even more important. I urge my colleagues to support this reform effort and invite them to cosponsor our bill.
Mr. President, it is an honor once again to join my colleague Senator Grassley in introducing the Family Opportunity Act to remove the health care barriers for children with disabilities that so…
Mr. President, it is an honor once again to join my colleague Senator Grassley in introducing the Family Opportunity Act to remove the health care barriers for children with disabilities that so often prevent families from staying together and staying employed.
We know that families of disabled and special needs children continue to struggle to help their children learn to live independently and become fully contributing members of their communities.
Eight percent of children in this country have significant mental or physical disabilities, and many of them do not have access to the critical health services they need to improve their lives and prevent deterioration of their health. To obtain needed health services for their children, families are often forced to become poor themselves, stay poor, put their children in out of home placements, or even give up custody of their children so that the children can qualify for the broad health coverage available under Medicaid.
In a recent survey of 20 States, families of special needs children report they are turning down jobs, turning down raises, turning down overtime, and are unable to save money for the future of their children and family so that their child can stay eligible for Medicaid through the Social Security Income Program.
Today we are reintroducing legislation intended to close the health care gap for the Nation's most vulnerable population, and enable disabled children and their families to be equal partners in the American dream.
As President Bush said in his ``New Freedom Initiative'' on February 1, 2001, ``Too many Americans with disabilities remain trapped in bureaucracies of dependence, and are denied the access necessary for success and we need to tear down these barriers''.
The Family Opportunity Act will eliminate the unfair barriers that deny needed health care to so many disabled and special needs children.
It makes health insurance coverage more widely available for children with significant disabilities, through opportunities to buy-in to Medicaid at an affordable rate.
It allows States to develop a demonstration program to provide needed Medicaid services to children with psychiatric illnesses, instead of limiting such coverage to a residential or institutional setting.
It establishes Family to Family Information Centers in each State to help families with special needs children.
The enactment of the Work Incentives Improvement Act of 1999 demonstrated the commitment of Congress to do all we can to enable people with disabilities to lead independent and productive lives. It is time for Congress to show that same commitment to children with disabilities and their families.
I look forward to working with all members of Congress to enact this legislation and give disabled children and their families across the country a genuine opportunity to fulfill their dreams and fully participate in the social and economic mainstream of the Nation.
Today I join Senator Corzine and 26 of our colleagues to introduce legislation to prohibit the implementation of the proposed changes in the State and local tax tables on college students receiving need-based aid.
When decisions are made by any administration that affect the price that families pay for college, it is important that the Congress understands both the factors that influenced that decision and the impact of those decisions on our constituents. In light of the slumping economy, State budget crises, and rising college costs, the Department's proposed changes come at a very difficult time for students and their families. Raising the cost of tuition by a few hundred dollars may cause a student to have to leave school and it is our responsibility to ensure that these changes are being made for sound reasons.
I urge the Department of Education to work with Congress when making these decisions so that members of this body are made aware of policy changes through a collaborative process--and not the media.
Mr. President, I am pleased to join once again with my good friend Senator Kennedy to introduce the Family Opportunity Act. The Family Opportunity Act provides states the option to allow families…
Mr. President, I am pleased to join once again with my good friend Senator Kennedy to introduce the Family Opportunity Act.
The Family Opportunity Act provides states the option to allow families with disabled children to buy into the Medicaid program.
Mr. President, Senator Kennedy and I have tried to get the Family Opportunity Act enacted for many years.
The legislation has been scaled back dramatically as we have attempted to make the bill less costly. For example, the original proposal, introduced in the 106th Congress would have set a family's eligibility at 600 percent of the Federal Poverty Level, would have had an enhanced administrative match and provided coverage for children up to age 21.
The version we are introducing today sets the family's eligibility at 300 percent of Federal Poverty Level, no administrative match and provides coverage for children up to age 18.
I am very hopeful that these modifications will ensure that the Family Opportunity Act can be enacted this year.
The legislation is consistent with the ``compassionate conservative'' agenda advanced by the President and the Congressional leadership.
It helps families stay together. In some cases, in order to provide for the special needs of their child, parents face the unbearable prospect of having to put their child in an out of home placement just to keep their child's access to Medicaid covered services.
Some of these parents have to refuse jobs, pay raises and overtime in order to preserve access to Medicaid for their child with disabilities. These parents are hard working taxpayers.
There is precedent for allowing individuals with disabilities to continue to have access to the services that Medicaid provides while enhancing their income and self-esteem through the dignity and the contribution to society that one attains through engagement in the world of work. It only makes sense to extend these principles to adults with a child with a disability.
The Family Opportunity Act is an option for States. It is not a Federal mandate. Additionally, it encourages the use of private employer sponsored coverage. Hopefully a participating family has some private insurance. The Family Opportunity Act would allow states to offer ``wrap around'' services that the employer sponsored coverage does not provide, such as physical therapy, mental health services and customized durable medical equipment.
Children with significant disabilities need these services in order to properly develop into responsible and contributing members of society.
Additionally, the legislation would provide for the establishment of demonstration projects regarding home and community based alternatives to psychiatric residential treatment facilities for children.
Under current law, states are not allowed to offer home and community based services as an alternative to inpatient psychiatric hospitals. The legislation proposed by Senator Kennedy and myself would help realize this goal for these children.
The Family Opportunity Act would make progress in correcting this omission by allowing for demonstration projects to test the effectiveness in improving or maintaining a child's functional level and cost-effectiveness of providing coverage of home and community based alternatives to psychiatric residential treatment for children in the Medicaid program.
Finally, the Family Opportunity Act would provide for the development of Family to Family Health Information Centers which help guide families
through the maze of programs and networks associated with the challenges of raising a child with a disability.
The Family Opportunity Act is a good bill. For many years it has garnered the support of a majority of Senators. It has the support of numerous family and child advocacy groups.
This legislation is pro-family, pro-work and pro-compassion. I urge the quick enactment of the Family Opportunity Act.
Mr. President, one of the first meetings I had as a U.S. Senator 20 years ago was about the aging chemical weapons stored at the Blue Grass Army Depot in Richmond, KY. At the time, the Army was…
Mr. President, one of the first meetings I had as a U.S. Senator 20 years ago was about the aging chemical weapons stored at the Blue Grass Army Depot in Richmond, KY. At the time, the Army was ignoring the concerns of the community and attempting to incinerate the weapons irrespective of the potential risk.
Not much has changed.
I have spent the last 20 years fighting for the citizens of Kentucky who live in proximity to these dangerous weapons, and although the party responsible for the weapons is now the Department of Defense, the problem remains the same. Those responsible for the destruction of the chemical stockpiles are ignoring the best interests and concerns of the citizens who live near them.
Every time I have helped the community to clear a hurdle, whether it was to force the Army to investigate alternative technologies to incineration or the creation of a new organization to manage the new method of demilitarization, a new obstacle has been put in the path of stockpile destruction. Currently, the citizens of Kentucky and Colorado are being robbed to pay for the massive cost overruns at incineration sites throughout the country.
The budgets for demilitarization at Blue Grass and Pueblo have been slashed, and the money has been transferred to other accounts in spite of the fact that Blue Grass and Pueblo had succeeded in securing permits from the local environmental agencies in record time. The Assembled Chemical Weapons Agency, which has been tasked with managing the demilitarization of these stockpiles, is respected and trusted by the community. And I believe the Department's decision to cut funding for ACWA in the FY06 budget is a slap in the face to the citizens of Kentucky and Colorado, and an insult to the fine people at ACWA.
Now the Department has suggested it wants to transport the weapons from these depots through our communities to incineration sites. This will not happen so long as I am a U.S. Senator.
After the time and energy I have expended on ensuring these weapons are disposed of in a safe and environmentally friendly manner, I am personally insulted by the Department's efforts to delay destruction and its suggestion of transporting the weapons elsewhere.
The Department has an obligation to the citizens of Kentucky and Colorado to dispose of these stockpiles in an expeditious and safe manner. Congress and the Department, working with the communities, certified an alternative means of disposal, and it is unacceptable for the Department to walk away from this promise. Destruction of stockpiles at Blue Grass and Pueblo deserves full funding from the Department of Defense, and I will work to put the demilitarization of these stockpiles back on schedule.
I want to thank my friend, Senator Allard, for his efforts to safely dispose of these dangerous stockpiles. As a member of the Armed Services Committee, Senator Allard was a tireless advocate for the citizens of Colorado who live near these weapons. I am happy to welcome Senator Allard to the Appropriations Committee, where I look forward to working with him to ensure that Blue Grass and Pueblo receive the funding attention that is so long overdue.
Although the Department may come to its senses and decide not to pursue the shipment of decaying stockpiles of chemical weapons through suburban Kentucky or Colorado, I've come to learn that trusting the best judgment of the folks in charge of this program is never a sure bet. For that reason, I'm proud to be an original cosponsor of Senator Allard's legislation, which will prohibit the shipment of chemical weapons from any Army installation. These weapons need to be destroyed, but they need to be destroyed safely at the locations where they currently are stored. Moving 60-year-old stockpiles of leaking mustard agent is not a solution to a budget problem, it is a recipe for disaster.
Mr. President, I want to take a moment to talk about the advantages of having a college education and the importance of ensuring access to higher education. That is why I am pleased to join as a…
Mr. President, I want to take a moment to talk about the advantages of having a college education and the importance of ensuring access to higher education. That is why I am pleased to join as a cosponsor the Corzine-Smith Kennedy Ensuring College Access for All Americans Act of 2005. Due to recent changes made to the formula determining federal Pell grant awards, many students are at risk of losing needed financial aid. This bill would guarantee that no student sees a reduction in his or her Pell grant assistance in the 2005-2006 school year or loses the grant completely.
We are all familiar with the adage: education is the great equalizer--and that a college education is the economic ladder to upward mobility. Not only do individuals reap benefits from having a college degree, society also values higher education--as we have also heard that education is the engine that drives a healthy economy. Basically, in addition to all its other benefits, having a good education pays individuals in the long run.
According to a recent report by the college board, college graduates earn about 73 percent more than high school graduates over their working lives. For those with advanced degrees, earnings are two to three times higher than high school graduates. Moreover, society enjoys the financial returns on the investment in higher education--from generated higher tax payments to decreased dependency on public income- transfer programs. Overall, higher education improves individual and societal quality of life.
While we are convinced that higher levels of educational attainment produces positive outcomes we need to do more to ensure access to higher education.
With the cost of college tuition continuing to rise, financial aid is the decisive factor in determining whether thousands of high school seniors are college bound or not. In particular, Federal Pell grants are especially critical for low-income students financing their way through college. According to the college board, college tuition at 4 year institutions increased on average by over 10 percent in the 2004- 2005
school year. At 2-year public colleges, tuition increased by over 8 percent.
However, the Department of Education's recent changes to the formulas for financial aid eligibility will cut $300 million in Pell grant assistance to students nationwide, resulting in drastic reductions of Pell grant awards to more then one million students. The American Council on Education estimates that 89,000 students who are currently eligible for a Pell grant will lose this financial assistance. An additional 1.3 million student will likely see a reduction of $100 to $300 in their Pell Grants.
In my home State, over 4,000 students, just at one college, the University of Washington, will be adversely impacted from the change in financial aid eligibility. Early estimates show that about 3,900 students of the 6,900 eligible for a Pell Grant will lose up to $200 a year. Two hundred more students will probably lose their minimum grants of $400. Many of the students likely to see a decrease in their Pell grant award are low income.
Federal financial aid was critical to my own educational achievements. I went to college on a Pell grant. It was a critical to my being able to finance my way through school. With these new rules, some students may quit school or will have to spend more time working when they should be going to class.
The Ensuring Access for All Americans Act of 2005 would restore this critical financial assistance to thousands of needy students in the 2005-2006 school year. At a time when more and more employers are requiring a college degree for employment and tuition costs are skyrocketing, government should be opening the doors to educational opportunity, not locking students out. I urge prompt Senate action on this measure.
Bill Text
6 versions available
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 172 Enrolled Bill (ENR)]
S.172
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
To amend the Federal Food, Drug, and Cosmetic Act to provide for the
regulation of all contact lenses as medical devices, 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. REGULATION OF CERTAIN ARTICLES AS MEDICAL DEVICES.
Section 520 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360j) is amended by adding at the end the following subsection:
``Regulation of Contact Lens as Devices
``(n)(1) All contact lenses shall be deemed to be devices under
section 201(h).
``(2) Paragraph (1) shall not be construed as bearing on or being
relevant to the question of whether any product other than a contact
lens is a device as defined by section 201(h) or a drug as defined by
section 201(g).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.