A bill to make available funds included in the Deficit Reduction Act of 2005 for the Low-Income Home Energy Assistance Program for fiscal year 2006, and for other purposes.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Became Public Law No: 109-204.
March 20, 2006
View full timeline
Introduced in Senate
February 16, 2006
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
February 16, 2006
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 363.
February 17, 2006
Motion to proceed to consideration of measure made in Senate. (consideration: CR S1522)
February 28, 2006
Cloture motion on the motion to proceed presented in Senate. (consideration: CR S1522; text: CR S1522)
February 28, 2006
Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S1522)
February 28, 2006
Cloture motion withdrawn by unanimous consent in Senate.
March 2, 2006
Measure laid before Senate by unanimous consent. (consideration: CR S1632-1638)
March 2, 2006
Point of order against the measure raised in Senate.
March 2, 2006
Motion to waive the Budget Act with respect to the measure agreed in Senate by Yea-Nay Vote. 66 - 31. Record Vote Number: 30.
March 2, 2006
Considered by Senate. (consideration: CR S1665-1677)
March 3, 2006
Cloture motion on the bill presented in Senate. (consideration: CR S1665-1666; text: CR S1666)
March 3, 2006
Considered by Senate. (consideration: CR S1778-1780)
March 6, 2006
Considered by Senate. (consideration: CR S1808-1815, S1817-1828)
March 7, 2006
Cloture on the bill invoked in Senate by Yea-Nay Vote. 75 - 25. Record Vote Number: 33. (consideration: CR S1815; text: CR S1815)
March 7, 2006
Passed Senate with an amendment by Voice Vote. (text: CR S1828)
March 7, 2006
Received in the House.
March 7, 2006 • 7:40 PM
Message on Senate action sent to the House.
March 7, 2006
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
March 7, 2006
Mr. Barton (TX) moved to suspend the rules and pass the bill.
March 15, 2006 • 10:34 PM
Considered under suspension of the rules. (consideration: CR H1047-1051)
March 15, 2006 • 10:34 PM
DEBATE - The House proceeded with forty minutes of debate on S. 2320.
March 15, 2006 • 10:34 PM
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
March 15, 2006 • 10:53 PM
Considered as unfinished business. (consideration: CR H1118-1119)
March 16, 2006 • 6:15 PM
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 287 - 128 (Roll no. 66).(text: CR 3/15/2006 H1047-1048)
March 16, 2006 • 6:23 PM
On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 287 - 128 (Roll no. 66). (text: CR 3/15/2006 H1047-1048)
March 16, 2006 • 6:23 PM
Motion to reconsider laid on the table Agreed to without objection.
March 16, 2006 • 6:23 PM
Cleared for White House.
March 16, 2006
Presented to President.
March 17, 2006
Signed by President.
March 20, 2006
Became Public Law No: 109-204.
March 20, 2006
Voting History
3 votes recorded • Roll call available
HOUSE
Roll Call AvailableMarch 16, 2006 at 6:25 PM
On Motion to Suspend the Rules and Pass
Majority required: 2/3 (66.7%)
287 - 128
SENATE
Roll Call AvailableMarch 7, 2006 at 11:07 AM
On the Cloture Motion S. 2320
Majority required: 3/5 (60%)
75 - 25
SENATE
Roll Call AvailableMarch 2, 2006 at 4:11 PM
On the Motion (Motion to Waive CBA Re: S. 2320)
Majority required: 3/5 (60%)
66 - 31
Floor Debate
19 membersWhat members said about S. 2320 on the floor
BLD
HR
OJS
BO
WHF+14
Floor Debate
19 membersWhat members said about S. 2320 on the floor
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent to speak in morning business for as much time as I consume. Mr.…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I ask unanimous consent to speak in morning business for as much time as I consume.
Mr. President, there is a lot of discussion this week in the Congress, in committees on which I serve and in other committees, dealing with the issue of the company that is owned by the United Arab Emirates, a Dubai company owned by a government called the UAE, managing six of America's major seaports. I wish to make a couple comments about that.
First, I introduced legislation this week that would simply disapprove the transaction. I don't think I need 45 days, and I don't need 45 minutes to make a judgment that it doesn't make any sense for our country to have a company owned by the United Arab Emirates managing six of America's major seaports. It doesn't make sense to me, and I will explain why.
In a time when our country is severely threatened by terrorism--and we read about it all the time that terrorists threaten this country--we understand that terrorists would love to commit another major act of terrorism inside the United States. Go to an airport this afternoon and try to board an airplane. You will find they want you to take your belt off. They want you to take your shoes off. They want you to take your wristwatch off. And then as you get through the metal detector, you see they have some 6-year-old spread-eagled against the wall, wanding that 6-year-old, or perhaps a Catholic priest, because they set off the metal detector.
We understand what is happening at airports. There is massive security. We have all these folks who are trying to get to their airplane, and yet we have them lined up in all kinds of ways because of security issues.
What about our seaports? We know our seaports are also a target for terrorists. We have over 5.7 million containers coming in on ships into our seaports.
The administration says it is concerned about a rogue nation or a terrorist group getting access to an intercontinental ballistic missile and putting a nuclear bomb on the tip of the missile and firing it at this country at
14,000 or 18,000 miles an hour. So we are spending, I don't know, somewhere around $10 billion this year to build an antiballistic missile system. Some of us think that is not a very wise expenditure because it is one of the least likely threats. Instead of worrying about the threat of an intercontinental ballistic missile coming at us from a rogue nation or a terrorist, a very unlikely threat, we should worry about a ship pulling up to a dock at 6 or 8 miles an hour with a container loaded on board that ship that contains a weapon of mass destruction, pulling up to a dock or a pier at one of America's major cities. Then we are not talking about 3,000 people dead; we are talking about tens of thousands or hundreds of thousands of people killed. Yet think of this: We only inspect about 4 or perhaps as much as 5 percent of all of those containers coming into our country.
We know that just after 9/11, when there was a lot of discussion about this, there was a fellow who tried to ship himself to Canada, someone who they thought was a terrorist, who loaded himself into a container and actually had a cot to sleep on and a water supply; he had a radio connected to a GPS monitor, a whole series of things. He was shipping himself in a container to the country of Canada. They happened to find that person. The assumption was that he was going to find his way into Canada in a container and come into this country across our border. We know the dangers that exist with these ships and the containers. Yet there is very little, frankly, very little seaport security.
I went to a seaport once. We don't have seaports in my State, but I toured a seaport and asked about security and asked about things, and I mentioned previously on the floor that I saw a container that had been taken off a ship and was being opened.
I said: What is in the container? Why is that being opened?
They said: That is a refrigerated container; that is just one we decided to open.
I asked: What is in it?
Frozen broccoli from Poland.
I said: How do you know what is in the middle of that container? I see what you have pulled off the end of it and you cut open some bags and found some frozen broccoli. But how do you know what is in the middle of that container? Well, we really don't, is the answer, and they inspect somewhere around 4 to 5 percent of those containers.
So with all of the potential threat at our seaports, we are now learning that a company owned by the United Arab Emirates has been cleared by the administration to provide management and, yes, security, because security is a part of management, at six major seaports in our country.
My colleagues, a number of them, have described the United Arab Emirates. It is not my intention to offend this country. The administration says they have been helpful to us with respect to the war on terrorism. I don't know the specifics about that, but if they have been helpful, we appreciate that. We do know, however, that two of the hijackers who crashed into our World Trade Center and the Pentagon on 9/11 were United Arab Emirates citizens. We know from the 9/11 Commission Report that the United Arab Emirates was a crossroads that helped finance the terrorist operations. We know that the United Arab Emirates ports were crossroads through which Dr. Khan of Pakistan moved substantial amounts of nuclear knowledge and material to North Korea and Iran and other parts of the world, and that will pose very much danger to us and to our children. So we know some things about the United Arab Emirates.
My colleague, Senator Hollings, whom I have described a few times on the floor and who used to sit at the desk right behind me, my colleague just wrote an op-ed piece, and he described the United Arab Emirates. He said that in some countries, women are allowed to vote. In the United Arab Emirates, neither men nor women are allowed to vote. There are a lot of questions about the United Arab Emirates.
Let me mention something from the 9/11 Commission Report as well, about the United Arab Emirates. On page 137, it describes in 1999 the fact that we had found Osama bin Laden, presumably, knew where Osama bin Laden was, and he was near a hunting camp in the Afghan desert being used by visitors of a Gulf State from the United Arab Emirates. On page 138, it describes how in 1999, once our intelligence had decided they knew where Osama bin Laden was, they were going to launch a military strike against him. Page 138 describes that on February 10, 1999, the military was doing the targeting to hit the main camp with cruise missiles. No strike, however, was launched. Osama bin Laden then disappeared.
The reason the strike was called off is that intelligence officials were worried that a strike against bin Laden would kill an Emirate prince, somebody from the United Arab Emirates. Part of the Royal Family was visiting with Osama bin Laden at the time, and our intelligence officials were worried that if they launched a strike against Osama bin Laden, they would kill someone from the Royal Family of the United Arab Emirates. This is on page 138 of the 9/11 Commission Report.
My point is very simple. The United Arab Emirates may very well have been helpful to us in the fight against terrorism in the last couple of years, and if they are being helpful to us, good for them. This is not about offending the United Arab Emirates by saying that we don't want a company owned by that country to manage American seaports. I don't wish to offend the UAE, but neither should we be offending common sense. A whole reservoir of common sense would tell us that this country, given the fact that we are the No. 1 target for terrorists, ought to be managing our own ports, our own major seaports, and ought to be providing our own security and ensuring our own security.
If I might also make a couple of points. The Committee on Foreign Investment of the United States, which is made up of somewhere around a dozen agencies within the administration, studied this proposed port deal and said it was okay for the United Arab Emirates-owned company to manage our major seaports. Well, on February 27 we learned that the Coast Guard expressed reservations about the deal in a secret report that was made public this week, and here is what the report said. This is the Coast Guard. It says:
There are many intelligence gaps concerning the potential
for the UAE company's assets to support terrorist operations
that preclude an overall threat assessment of the potential
of the merger.
In fact, the Coast Guard referred to a large number of potential vulnerabilities, and then it listed them, and one of the intelligence gaps that the Coast Guard referred to was the fact that no one had checked the backgrounds of the people in charge of the UAE-owned company.
So when the secret Coast Guard report was made public this week--I believe by Senator Collins, who was holding a hearing at the time--the administration had the Coast Guard make another statement, and here is what the Coast Guard said on February 28:
Upon subsequent and further review, the Coast Guard and the
entire CFIUS panel believe that this transaction, when taking
into account strong security assurances by DP World does not
compromise U.S. security.
The Coast Guard obviously works for the President, and they made this statement dutifully in line with the administration's interests. But it is interesting. The Coast Guard's statement does not say that anybody checked the backgrounds of the officials of the UAE company. That was what the Coast Guard cited as one of the major vulnerabilities.
The highest ranking official in the Department of Homeland Security who reviewed this port deal is Assistant Secretary Stewart Baker. Assistant Secretary Stewart Baker told The New York Times on February 17 that the CFIUS review did not include any background checks on senior managers of the company. In fact, the review didn't involve gathering any information from outside sources like the New York and New Jersey Port Authority, because the committee kept the proposed transaction secret. In fact, Baker said the committee's investigation lasted just a couple of months, beginning in November, ending in mid- January, so there wouldn't have been time to do very thorough background checks anyway.
So here is what we have. We have the Coast Guard saying in a secret memorandum that there are real vulnerabilities here with respect to potential terrorism, and in that memorandum, they say one of the vulnerabilities is that no one had checked the backgrounds of the people in charge of the UAE company. So then the Coast Guard, when this becomes public, says: No, no, it is okay. We have pretty much been satisfied. And then the Department of Homeland Security official, the top official who did this, says: Well, no, we didn't check those backgrounds.
Question: How could the Coast Guard be satisfied when the conditions weren't met, when they had just said previously that there was a potential threat here? They said, ``There are many intelligence gaps concerning the potential for the UAE company's assets to support terrorist operations,'' and one of the bases for that is they hadn't checked the backgrounds of the people in charge. And then the Coast Guard says: But that is OK, now we are in sync with the administration on this. Then Homeland Security comes out and says: Well, we never did check the backgrounds of the people in charge.
This really gives you confidence that the transaction was properly vetted, doesn't it?
Let me just mention that in 2002, May of 2002, the U.S. Military Special Operations Command obtained a document produced by al-Qaida in which al-Qaida claimed to have infiltrated the United Arab Emirates. Referring to the UAE, the 2002 al-Qaida document, which was written in Arabic, says: We have infiltrated your security, censorship, and monetary agencies along with other agencies that should not be mentioned.
I have no idea whether there is any credibility here or not, but I do know that two of the 9/11 hijackers were from the UAE and the financing for the attacks flowed through UAE financial institutions. And it seems preposterous to me that the administration would just dismiss issues which were raised in a secret memorandum by the Coast Guard, even after there is an admission that the conditions that resulted in that concern about terrorism were never met.
The point is simple. This relates in many ways to the larger question of outsourcing, offshoring, contracting out the global economy. This global economy has galloped along. The rules, of course, have not kept pace. We now discover that in this so-called global economy, there are things which cause great concern. Among those would be deciding that America's seaports, largest seaports should be managed by a state-owned company, a company owned by the United Arab Emirates. Does that make sense? Is the reaction of the American people so out of sync with common sense? I don't think so. I think the American people are in perfect sync with common sense, and the folks in the administration who did CFIUS and the folks in the administration who are now defending this are the ones who are out of sync with any common sense.
The President says: I have made up my mind. If the Congress passes legislation and sends it to my desk, I am going to veto it because I want the UAE company to be able to manage these ports. I say if you want to veto it, then go right ahead, but I think this Congress should pass legislation that says very simply that we don't want a state-owned company from the United Arab Emirates managing America's seaports. There are, in fact, security issues, national security issues that trump all of the other issues, and we don't believe that is appropriate. I have introduced legislation to do that, and we will see whether in the coming days and weeks we will be able to pass that legislation. I, frankly, think we will.
A colleague over in the House, Congressman Duncan, said something today that I believe is useful to repeat. He said:
People call this attitude protectionism. If that is what
they call it, then count me guilty of wanting to protect this
country's interests.
I always liked this so-called four-letter word, ``protection,'' the notion of being a protectionist on international trade. What is wrong with standing up for protecting this country's interests? Yes, economic interests, national security interests. What is wrong with that? Does anybody really think it makes sense to be outsourcing and offshoring all of this?
I believe we have the most sophisticated economy in the world. We have a wonderful education system. We have a lot happening in this country. And if we had no immigration restrictions at all and just had an open country, I tell you what, a fair part of the world would be headed in our direction. So it is a great place. And we don't have the resources in this great place of ours to manage our own seaports at a time when we see daily and weekly threats of terrorism against our country? We don't have the resources and we don't have the ingenuity and we don't have the capability to manage our seaports? What on Earth are they thinking about when they suggest that? Of course we do. It is just a matter of national will to decide that we want to stand up for the economic interests of this country and protect the national security interests of this country. That is what our responsibilities are.
I wish that I could, in this case, be supportive of the administration and the folks who reviewed this from CFIUS. But the fact is, in carpenter's terms you would call it a half a bubble off plumb, maybe a full bubble off plumb. This makes no sense at all. You are going to turn over our major seaports to a United Arab Emirates-owned company about which there are substantial questions about national security. I said before, it is nuts. There is no other way of describing it. So count me as somebody who is going to try, in every way possible, to scuttle this approach.
The interesting little dance that is going on here, because everybody wants to look as though they have been able to win, is: Now we have asked, the company has actually asked our country to extend the 45-day investigation. You talk about Byzantine. The United Arab Emirates-owned company is asking the United States of America to extend its investigation because they cut it off prematurely? It is bizarre. That is the only way you can describe it. I don't need 45 days; I don't need 45 minutes to figure out this doesn't make sense. That is why I introduced the legislation I introduced.
Contracting Fraud
Turning to another subject, and I will be brief, yesterday I introduced legislation with 28 of my colleagues. I will ask unanimous consent that Senator Cantwell be added to the piece of legislation.
The bill we introduced yesterday is about accountability in contracting. It is called the Honest Government and Accountability in Contracting Act of 2006.
I have held seven hearings, chairing the Democratic Policy Committee, on the issue of contracting. It has been all over the newspapers in the last 4 or 5 years, the massive fraud, waste, and abuse in contracting. I will not go through all of it, but let me put a couple of things up.
This is Bunnatine Greenhouse, the highest ranking civilian official in the Corps of Engineers. She is in charge of all contracts in the Corps of Engineers, and virtually everything being done by contract in Iraq is going through the Corps of Engineers. She, incidentally, has since been demoted. The reason she has been demoted is this career official, who had great ratings and performance evaluations throughout her career, told the truth.
I can unequivocally state that the abuse related to the
contracts awarded to KBR [that is Halliburton, a subsidiary
of it] represents the most blatant and improper contract
abuse I have witnessed during the course of my professional
career.
Bunnatine Greenhouse, the highest ranking procurement official in the Corps of Engineers is paying for it with her job, but thank God we have people with the courage to do this.
When you mention Halliburton, everyone thinks you are talking about the Vice President because he used to run Halliburton. This is not about the Vice President. This is about a company that got huge no-bid, sole-source contracts to do work in Iraq, and it is unbelievable--the whistleblowers from Halliburton described the waste. I will give an example. We had a witness who used to work for KBR--Halliburton. He used to buy things for them.
He held up two towels. He said, I was supposed to purchase hand towels for the soldiers. Here is the towel I would
have purchased. It would have cost $1.80 a towel, something like that. And here is the towel I did purchase. It cost triple that. Why? Because the company said to me I want you to purchase the more expensive towel so it has the company name embroidered on the towel that goes to the soldiers. Waste? Of course it is.
Mr. President, $85,000 trucks, brand new, were left on the side of the road to be trashed because they had a flat tire; $85,000 trucks were trashed and left to rot because they had a plugged fuel pump. Do you think that is not happening? Listen to the whistleblowers or the people who drove the trucks.
A guy named Rory, on behalf of Halliburton, runs a cafeteria and food service. We know there is one allegation of one billing for 42,000 soldiers being fed a day when in fact they were feeding only 14,000. Rory said they missed it by about 5,000 in the place he was feeding them, charging for 5,000 more than actually were eating. He said, By the way, we were feeding the soldiers food that had expired date stamps on it, and when we told our supervisors they said, No, no, feed it to them; an expired date stamp doesn't matter. Feed them to the soldiers. He also said the convoys bringing the food in would come under attack and our supervisors said you go through and pull out the bullets and shrapnel in the food, pull it out, and then we will feed the food to the soldiers. And by the way, if they are good bullets, save them for the supervisors for souvenirs.
Are these unusual circumstances? The answer is no. I could go on and talk about fuel delivery and water contracts, but that is enough, just to say there is massive waste and fraud and abuse going on with respect to contracting in Iraq.
By the way, this fellow in this picture testified, this fellow wearing this white striped shirt. These are hundred-dollar bills wrapped in Saran wrap. This is the way they paid contractors in Iraq. He said we told contractors in Iraq, when you come, bring a bag because we pay in cash. He said, we used to throw these around like footballs in the office, hundred-dollar bills, wrapped. They had a bill vault downstairs. So the contractors are told, bring a bag because we pay in cash. He said it was like the Wild West. Someone else said we do a contract, the American taxpayers are going to pay to get a building air conditioned in Iraq, that goes to a subcontractor, it goes to a local contractor, another little contractor, and pretty soon we pay for it. We get a ceiling fan where we should have gotten an air conditioner. It is like the Wild West. Bring a bag and we give you cash.
Finally, a man named Mr. Custer and a man named Mr. Battles. ``Sixty Minutes'' did a recent program on them. They showed up with virtually no money. Eventually, within a very short period of time--nearly 2 years--they got $100 million in contracts from the Federal Government. It is pretty unbelievable.
I have a chart that describes what one of the airport managers said about them.
This is the chart:
Custer Battles have shown themselves to be unresponsive,
uncooperative, incompetent, deceitful, manipulative and war
profiteers. Other than that, they are swell fellows.
From the Baghdad Airport, Director of Airport Security. The allegation is, they took the forklifts from the airport, that belonged to the airport, took them to a hangar, repainted them blue, and then sold them back to the Iraq Provisional Authority.
My point is there is substantial abuse going on in contracting.
We have introduced legislation that has a number of components. No. 1, a piece of legislation that includes as its first section something Senator Leahy had offered in the last Congress: punishing war profiteers with substantial penalties. Those who would profiteer in a wartime situation are despicable and they ought to bear substantial penalty.
The bill cracks down on substantial cheaters. It restores a Clinton administration rule, a rule that was made during the Clinton administration on suspension and debarment. If you are a contractor and you have exhibited a pattern of overcharging the Federal Government or failing to comply with the law, basically you have been somebody who has cheated the Government and have a pattern of that, you are out. You are going to be debarred. You are not going to be able to bid again. When the present Bush administration took office they immediately rescinded that rule. We would restore that rule by law, requiring full disclosure of contract abuses.
Section 103 provides for greater transparency in contracting. It would require agencies to provide the chairmen and ranking members of the committees in Congress all contractor reports that found contractor misconduct, and put them on a Web site as well.
The bill would force real competition, no more no-bid, sole-source contracts. It would also ban corporate cronyism in contracting. No more circumstances where someone works in a certain area and then goes to the private sector and gets contracts in the same area for which that person worked in the government. It ends cronyism in key government positions.
This is pretty radical. We are daring to suggest that people who are being hired for key jobs ought to be qualified for them. FEMA, the Federal Emergency Management Agency, used to be, I think, one of the stars of the Federal Government. My understanding is 7 of the 11 top positions in FEMA were filled by people who had no experience, just cronies. You want a job for Al or Ken or Vern or Mary? Stick them over there. So 7 of 11 positions were filled by cronies with no experience.
Then take a look at what happened, see what happened when Katrina hit the shores, the largest national disaster in our country's history, and you see a FEMA that is completely incompetent.
The stories are unbelievable. We had a hearing about that. We had a guy who drove an 18-wheel truck. He was supposed to haul ice in this 18-wheel truck for the Katrina victims, at FEMA's direction. He got a whole truckload of ice and away he went to provide ice to the victims of Katrina. The problem is, he didn't quite get there. FEMA had him drive around the country. He was sent to an airbase here and another place there, and he finally, after sitting at a military base for a long while--with hundreds of other trucks, by the way--he finally had to drive back to New York and offload his ice in New York. This is unbelievable.
By the way, I have asked the Department, FEMA agency, how did this happen? How did you spend taxpayers' money to have ice run around this country that should have gone to the victims of Hurricane Katrina and instead we end up paying tens of thousands of dollars and the ice never gets there?
I got a letter from FEMA this week which says: That wasn't our responsibility. That was the Corps of Engineers. FEMA has since corrected that with an e-mail that is disjointed, were they admit that the responsibility was theirs. Their recent reputation for incompetence is pretty well deserved. That is something I am going to the bottom of.
My point is, we need to decide, if we are going to put people in key positions to do key jobs, it ought not be cronies, it ought to be people who have some basic experience that would suggest they can do those jobs.
Finally, we will strengthen whistleblower protections. People who have the courage to blow the whistle on waste, fraud, and abuse ought not be penalized, they ought to be applauded.
That is the legislation I introduced yesterday with 29 cosponsors. Senator Cantwell will be the 29th sponsor. I ask unanimous consent Senator Cantwell be added as a cosponsor of this legislation, which is 2361.
This is not Republican or Democratic, conservative or liberal. It is about being smart and doing the right thing. We have had a lot of circumstances in recent weeks and months where our country has dropped the ball. I mentioned the response to Katrina. I mentioned contracting in Iraq and a range of things. I believe we must do better than that.
Some of it stems from these big sole-source, no-bid contracts. That is too sweet a deal. What you need is competition. We do not want to have this Government favoring one company versus another with sole- source, no-bid contracts. That is an invitation for waste, in my judgment.
I know we have a pretty substantial schedule. I know Senator Frist has indicated his agenda, what he wants to bring to the floor of the Senate in the coming weeks and months. But let me say I hope we will have time to deal with this issue of honest government and accountability in contracting. That is a piece of legislation that is urgently needed to be passed.
I also hope, in the near future, whether it is 45 days or whatever the days, they are going to continue to review the question of whether the United Arab Emirates should be managing America's ports. Whenever that is done, my hope is we will have up-or-down votes here in the Congress about whether we think this makes any sense at all.
I agree with Congressman Hunter. Put me down on the side of wanting to protect this country's interests. I guarantee this: We will not be protecting this country's interests to continue down this road of offshoring and outsourcing and deciding this great country of ours does not have the capability to manage its own seaports. What are we thinking about? Of course, we have the capability. The question is, do we have the national will and enough common sense, is there a reservoir of common sense to finally have us doing the right thing?
I yield the floor and suggest the absence of a quorum.
Mr. President, another day is gone. The Senate has been unable to appoint conferees on the pension reform bill. I am terribly disappointed that is the case. Forty-four million American workers are…
Mr. President, another day is gone. The Senate has been unable to appoint conferees on the pension reform bill. I am terribly disappointed that is the case.
Forty-four million American workers are covered by private sector pension plans. They need our help. They can only get help if we have a conference with the House, a bill comes back here,
and it is approved by both the House and the Senate. Forty-four million people would have peace of mind.
Senate Democrats are ready to go to conference now so we can produce a pension reform bill that will improve worker retirement security. Throughout this process, Democrats have worked with Republicans. This is truly a bipartisan effort to produce a bill that passed the Senate with 97 votes. It wasn't until we got into a position of appointing conferees that the majority decided to, for lack of a better description, play games.
I have to, frankly, say--I haven't had this job a long time--it has never happened during the time that I have been leader. I don't remember it happening during the time I was assistant leader for 6 years.
I don't know when the last time was that we had a prolonged dispute about how many people are going to be on a conference committee.
Why are we seeing this now? Perhaps they are trying to stack the deck in favor of downtown interests--I should say some downtown interests. We should give the opportunity to the Senate to stack the deck in favor of the 44 million workers and not a few special interests down on K Street.
Yesterday, the distinguished majority leader said, and I quote:
We have two committees with equal stakes in this bill, and
they should have an equal number of conferees in the
committee. The conference committee should fairly represent
the two committees of jurisdiction.
I agree. This is precisely why I proposed a conference of eight Republicans and six Democrats instead of seven Republicans and five Democrats.
Under my proposal, four Republicans and three Democrats can be appointed from the HELP Committee, and four Republicans and three Democrats could be appointed from the Finance Committee. Remember, these numbers give the majority a two-vote majority.
The proposal I suggested establishes equal and fair representation to the two committees but for the fact we have 55 Republicans and 45 Democrats. We have acknowledged they should have a two-vote majority in this conference. But it is fair, eight Republicans, six Democrats; eight Republicans representing the Committee on Finance and the HELP Committee, six Democrats representing the Committee on Finance and the HELP Committee. My proposal established equal and fair representation of the two committees--exactly what the leader said we need to accomplish so we can at least get the conference underway.
We are ready to go. It is puzzling when the majority leader refuses to take ``yes'' for an answer. The proposals put forward by the majority leader only add to this confusion. It appears that seven Republicans are okay, eight Republicans are not okay, nine Republicans are okay but only if they have, not a two-vote majority, but now a three-vote margin.
So what conclusions could be drawn? At least two could be drawn. First, the majority leader and his supporters downtown do not really care about the equal and fair representation; they only care about stacked representation. Second, and most unfortunately, they apparently care more about stacking the deck than they do about completing action on this vital piece of legislation.
Remember, whatever suggestion I have made, I don't change the majority of the Republicans. They have a two-vote majority. The majority leader has an opportunity to prove these words wrong. What am I saying? That they care more about stacking the deck than they do about completing this important legislation.
If the distinguished majority leader believes what he said yesterday, we can go to conference today with equal and fair representation from the HELP Committee and the Committee on Finance. If he does not accept this offer, it indicates he believes the lobbyists on K Street are more important than the workers on Main Street.
Yesterday, I listened to statements by Senators Baucus and Conrad, the Democratic ranking members on the Committee on Finance and Committee on the Budget. What they said speaks volumes on what is wrong with this administration. I have trouble comprehending how the majority ignores these huge deficits. They are there. They are piling up. Why? We vote to approve these deficits.
In the pay-as-you-go system, if someone wants to spend some money, you have to have an offset. Those rules have been abandoned by this administration and this Republican-dominated Congress. I don't understand this. I always had in my mind that the Republicans were fiscally concerned about the status of our economy. Obviously, that is not true.
President Bush is the most fiscally irresponsible President in the history of our country. No other President comes even close. When this administration came to office, the Federal debt was about $5 trillion. We were running large annual budget surpluses. We were paying down the debt.
Alan Greenspan, the recently departed Federal Reserve Chairman, expressed concern during the final year of President Clinton's administration that the public debt was being paid down so rapidly that it may cause a concern to the financial markets.
Over the last 5 years, rather than reducing the debt, our Nation has suffered record deficits and gone on an unprecedented and dangerous borrowing spree. Total debt now stands at over $8 trillion, and we are being asked to increase it by another $800 billion, which will last, some say, for no more than about a year.
Compounding matters, the President's most recent budget makes matters substantially worse, leading to a $12 trillion debt by the year 2011. That is just as the first wave of baby boomers begins to retire.
Not only is the debt exploding at the worst possible time, increasingly we are borrowing from foreigners--Dubai, China, Japan. Since this administration took office 5 years ago, our country has more than doubled its foreign debt, increasing such borrowing by over $1 trillion. That is more foreign debt than we accumulated in the first 224 years of this Republic.
During the last 3 years of the Clinton administration, we paid off $200 billion in foreign debt. We paid it off. Given the explosion of debt in recent years, it is long past time for Washington to change course and adopt a new fiscal policy. All we are asking is that people be concerned about the future of our economy. Our Nation is at stake.
I had the good fortune of being able to serve for a number of years in this Senate with Pat Moynihan, Daniel Pat Moynihan, who will go down in the history of this country as one of its most outstanding Senators. He served in Democratic Presidential administrations, Republican Presidential administrations. He was a man who had a great intellect. He served during World War II. He was a great patriot and a great intellect.
Before he died, he said that he believed all this debt which was being accumulated, all the tax cuts, were not to help the wealthy; they would starve Government because the programs that some people in this administration hate, such as Social Security, which the President wanted to privatize in the 1970s, Medicare and Medicaid and other such programs, could not be attacked on a frontal basis. They could not do it directly. So by starving the Government, that is what has happened. And the Government is being starved. The American people are being starved with this huge debt.
At a minimum, this is a matter which deserves considerable debate in the Senate and an opportunity for all Senators of both political parties to participate. Unfortunately, there is reason to believe that some on the other side are doing everything they can to squelch this.
My friend, the senior Senator of the Committee on Finance, Mr. Grassley, is reported to have said--not reported; he said it--that he would like the debt limit to be extended but ``with the least debate.'' According to one news story, he said, ``I would like to see a bill on Thursday night just prior to recess.'' Those are code words for saying: Let's jam this thing out of here. It appears that is what the leadership intends to do.
I got a letter in December from Secretary Snow saying that the country's debt limit is going to be exceeded, and to do something about it. During the holiday season, I got to this letter. It wasn't suddenly given to us. It appears to me we should be spending some time on this issue. But we are not; we just shove it under the rug. It is only another $800 billion of taxpayers' money,
most of which will be borrowed from foreign governments, with no debate, no amendments, no public scrutiny, with no accountability for the massive debt we are imposing on future generations of Americans. That is not how this Republic, that is not how this Senate is supposed to work. It is not how our great democracy is supposed to function. We should be inviting public input, not trying to hide what we are doing because people are embarrassed of public reaction. We shouldn't be jamming things through Congress for political expediency.
The chairman of the Committee on Finance has said to extend the debt limit ``with the least debate,'' and, ``I would like to see a bill on any Thursday night just prior to a recess.''
If the majority believes that increasing our debt by about $800 billion is the right thing to do, they should be upfront about it. They should explain why they think more debt is good. They should explain why they think it is fair to force our children, our grandchildren, and great grandchildren to pay higher taxes, why it is right to increase our Nation's dependence on foreign creditors. Let them try to defend that. Maybe they can convince the public they are right, but I don't think so because most Americans know that increasing the debt is wrong. The baby boomers are about to retire. Under the circumstances, as almost any credible economist would tell you, we should be reducing debt, not increasing it.
I am appreciative of Ranking Member Baucus and Ranking Member Conrad. We have sent a letter to the majority leader urging him to allow a thorough and open debate on any legislation to increase our debt. The letter says that before we approve hundreds of billions of dollars in additional borrowing, we should adopt reforms to reduce the need for more debt in the future. In particular, we should reinstate the pay-as- you-go rules that proved so effective in promoting fiscal discipline in the 1990s. That meant if you want a new program, pay for it, take it from someplace else. When you finish, there has been no new debt to this country. And to show the cynicism of what is going on around here, we have been debating for more than a year the Republican's deficit reduction bill--that is what they call it--which increases the debt.
We should not allow our Government to go deeper and deeper into debt without full and complete debate. We believe we should be more fiscally responsible. All this will do is create more fiscal irresponsibility. It will create higher taxes on our children and a weaker economy for future generations.
The American public will see whether this vote takes place in the dark of night or in broad daylight. They will see that Democrats are not going to vote to increase this debt. This debt has been generated by President Bush and his Republican Members of Congress, and $8.2 trillion is not enough. My good friends on the other side--all 55--will have to belly up to the bar and vote to increase the debt of this country by $800 billion, or whatever figure is chosen, because Democrats are not going to do this. The votes are going to have to come from the Republican Party. We are not going to support this irresponsible Government we have in America today.
How can you run a business like we are being run here? When the credit cards run out, you cannot borrow more money from the bank. Instead, you go out and find the money--you rob the American people. How could you run your home this way?
If I can no longer manage on my salary, I can no longer pay for the style of living we have, I talk to my wife and children and say: We will have to cut back on things.
Not here.
Stem Cell Research Enhancement Act
More than 9 months ago, the House of Representatives passed H.R. 810, the Stem Cell Research Enhancement Act. It was one of the rare victories in the House for bipartisanship. I felt good about that. It was my hope we would embrace the same spirit of bipartisanship in the Senate and pass this legislation, as well. It offers so much hope to untold millions of Americans and their families, people who suffer from these dread diseases.
After the House passed the stem cell bill, I spoke with my friend, the majority leader, about the need to take up this crucial legislation as soon as possible. At that time, Dr. Frist assured me he would consider the bill in the Senate by July. That was last July.
By the end of July, the majority leader still had not found time to schedule debate on the stem cell bill, so I moved to take up and pass the House bill on the Senate floor. It was objected to by the majority, but Senator Frist and I admire him for this, Mr. President--delivered a speech the next day in which he expressed support for Federal funding for expanded embryonic stem cell research. That was not easy for him to do. I admire him for doing it, and I appreciate it. In the speech, Dr. Frist said that the potential of stem cell research to save lives and ease human suffering ``deserves our increased energy and focus.''
Now, Senator Frist is a surgeon, a transplant surgeon, one of the pioneers. When he started doing this transplant surgery, most people thought it was an experiment that was doomed to failure. I have spoken to Senator Frist. He personally would travel on little airplanes with a heart that had been taken out of one human being. He would take that heart and transplant it in another human being.
Now, since he did that, they have certainly come up with easier and better methods of transporting human hearts. But that is what he did. And he, coming from a different perspective than I, believes that stem cell research will save lives, it will help us, it will ease human suffering. I am not a scientist, but I believe that, also.
But after he gave this remarkable speech--and I know he received criticism from certain political folks--we returned from the August recess, and he still did not find time to debate this important legislation. He found time to do a lot of other things, like drilling in the Arctic Wildlife Refuge. He found time for the Majority's budget, a budget that leaders of the faith-based community and major religious institutions said was immoral. He found time to give sweeping liability protections to the drug industry. But he could not find time to keep hope alive for millions of Americans counting on the promise of stem cell research.
In December of last year, the majority leader asked consent to take up and pass the House-passed cord blood bill. Now, we all supported the cord blood bill, but we did not want to do that because we wanted to consider the cord blood bill and the stem cell bill together. That is what the House did. But in an effort of bipartisanship and in an effort of hope and faith in the process here, we said go ahead and do that.
When we passed the cord blood bill, Senator Frist expressed his commitment to the stem cell bill, but he did not bring it to the floor. He asked the proponents of stem cell research to support his request to take up and pass the cord blood bill in exchange for a commitment to consider the stem cell bill early in the 2006 session.
At that time, Dr. Frist explained:
It is going to take some time that I will give on the floor
of the Senate early in the year and have committed to do so
because of its importance. It is important to address that in
order for that research to be amplified. Much of that
research needs to be amplified for cures that may occur 5 or
10 years down the road.
That is a statement from Dr. Bill Frist. Three months have gone by. We are now into March 2006 and still no time has been scheduled to consider the House-passed stem cell bill. We all know this is a short legislative year. We have less than 3 weeks remaining in the work of this period and a short work period in April. Before you know it, it will be May and an entire year will have passed since the House finished this bill.
Mr. President, recently I was in Las Vegas with the Las Vegas Metropolitan Police Department SWAT team for a demonstration of their new mobile command center, which is really state of the art. When the demonstration was over, I saw a man in a wheelchair. I walked over and introduced myself and asked why he was in a wheelchair. He said: I was a motorcycle officer, and somebody ran a red light and hit me. He has been paralyzed from the waist down for 5 years. He said to me: You know--he grabbed his leg--I am getting a little bit of feeling. I hope that is the case. But he said: Stem cell is my only hope.
Now, he does not know anything about stem cells other than what people have told him. He is not a scientist. He is a police officer. He works in an office now. But he has hope. He has hope. As Dr. Frist said:
Much of that research needs to be amplified for cures that
may occur 5 or 10 years down the road.
He has been 5 years in a wheelchair. He is willing to wait a lot longer.
One year may not seem like a lot of time to some of us, but it is an eternity, I am sure, to some people out there who are so sick with some of those diseases where stem cell research could help. Diseases and conditions like spinal cord injuries, Alzheimer's, diabetes, Parkinson's.
Last Sunday, ``60 Minutes,'' the public affairs program on CBS, ran a segment on embryonic stem cell research. They featured a woman named Suzanne Short who is paralyzed from the neck down who was hit by a drunk driver almost 25 years ago. Here is something she said about her hope for stem cell research:
Whether I walk or not, I really don't care. And, yeah, if I
do that's great. But . . . if you could just wake up one
morning and not have to wait for someone to come in my room
and get me out of bed, I could at least transfer myself into
my own wheelchair, be amazing. I'd be completely independent.
That is what she said. She has waited more than 24 years for help. Now we need action in the Senate. She should not have to wait longer.
Mr. President, less than a month ago, my friend died, Jeanie Sherman, Jeanie McCall. She was paralyzed from the waist down. She wrote the most, to me, heartrending letter about her experiences in a wheelchair for all those many years.
Every day we delay consideration of this legislation is a day we deny hope to the hundreds of millions of Americans who suffer from these devastating illnesses and conditions that have no cure--diseases such as cancer, as I have indicated, Alzheimer's, diabetes, Parkinson's, spinal cord injuries, and heart disease, even Lou Gehrig's disease.
There are a number of very important issues that this body ought to consider this session, but few are as important to the American people as stem cell legislation that could provide medical breakthroughs that would benefit hundreds of millions of people.
So, Mr. President, I know that we are crammed for time here, but I would hope we can find time early this year to debate stem cell research. We have to keep hope alive.
Mr. President, first of all, I think you would have appreciated what I said about you. I do not think there is anything disingenuous about what I said. I talked about your pioneering transplant surgery. I talked about your courageous statement on the Senate floor about the need to do something about the stem cell research and how difficult it was from a political perspective for you to do what you did.
So my point that I made here is that we need to find time to work on stem cell research. I did not say we should do it tomorrow. I said we should figure out a time to do it this year. There is nothing disingenuous about what I said. And there was nothing that I said during my statement on stem cell research that was disrespectful to you. I recognize the burden you have trying to juggle things to get time here. But this is an issue that we have to figure out a way to move forward on.
Mr. President, as I said in my statement, the distinguished majority leader said that we would bring this up early in this session. I am not critical of its not having already been brought up, even though I would rather have done that than--I hate to bring up the ``A'' word--asbestos. There are other things we could be doing. As I said, I am willing to work with the majority leader. We still have time until we get out of here to set aside some time to do stem cell. We are ready to move forward on stem cell research. As I said when we agreed to pass the cord blood bill, we wanted to keep the cord blood bill and the stem cell bill together. That is what the House did. We agreed to pass the cord blood bill with the understanding that the majority leader would schedule time early this year to consider the House-passed stem cell bill.
We wanted to move the two bills together. A number of my people didn't want to separate them, but we took you at your word and the cord blood bill is now the law. That is what I said in my earlier statement. We cannot pass stem cell research unless there is a bipartisan effort to move it. That is why I didn't demand in my statement that we take this up instead of debt limit or instead of lobbying reform. I am saying that we have a lot to do, but stem cell ought to be a priority.
Mr. President, if I could respond to the distinguished majority leader, there is no question that the majority of this Senate feels that asbestos is a difficult, very complex problem and should be addressed. But the bill that came before the Senate was a bad bill. That is why now and before this, but now especially, a group of Senators is working on a bipartisan basis to come up with legislation to address that issue. Sure, it is important. That was a bad bill, and the Senate treated it so.
First, let me say, moving on beyond stem cells, I guess, but so the record is clear, yes, we did object to the unanimous consent agreement because it was for six or seven bills. What we proposed--
Yes. What we proposed is that we work on the stem cell bill and the cord blood bill. That is what the House did, and there was no reason we couldn't do the same.
I have given several statements this week on pension reform. I believe that we should move forward. I have given all the statistical numbers. People who are watching this would tend to agree that seven Republicans is OK with the majority. Eight is not. Nine is, if there is a three-vote margin. I am saying that we should have a conference. The Senate, whether it is fair or unfair, has worked for 224 years. These conferences ordinarily are fairly easy. It is fairly easy to go to conference. What we are saying is, let's have another Republican and another Democrat or two more Republicans and two more Democrats. There will still be a two-vote margin that the Republicans have. Why can't we go to conference? That is what every one of my statements has said.
I have said that and I gave reasons. What are the reasons for this? I gave an example yesterday about some of my trial experience. Are you trying to--juries usually come up with the right result, not always for the right reasons, but they usually come up with the right results. So do conference committees. So I am saying, let's go to conference. I am willing on my side to make choices as to who should go. But I say that we have the HELP Committee and we have the Finance Committee. Both have jurisdiction on this matter. I don't think it is asking too much to have three Senators representing the Finance Committee, three Senators representing the HELP Committee. That is what I am asking, rather than five.
Well, I could have gone into more detail, but I talked quite a long time anyway. What I was complaining about is the inordinate amount of time that we spent dealing with certain issues-- and I did mention specifically the Arctic National Wildlife Refuge. And the pharmaceuticals, I thought they got a sweetheart deal with the provision that was inserted in the DoD Conference report in the middle of the night without any debate. I think I have a right to complain about how that bill was handled. I thought the Appropriations Committee, had they not been burdened with the ANWR thing, we could have been out of here weeks earlier than what we were, but that held things up for a long time. I have a right to complain about that.
I would say that the left side or right side of the aisle is according to where you are standing in this building. This side of the aisle takes no back seat to what we have tried to do with avian flu. We have pushed this very hard. We pushed it because we were told that it is not a question of if, it is a question of when.
We understand the seriousness of this. That is why we worked so hard to get the administration to also recognize this.
The majority leader, I know he is a prominent physician, and that is what I stated in my statement here. In the DoD bill, people are concerned about a provision that was placed in the bill without the opportunity to debate it that offers sweeping liability protections for the drug industry without compensation for victims who are harmed by reckless wrongdoing.
This is not the time to debate this in its entirety. I mentioned this with a number of other things. But I would not be doing my job if I did not come and talk about how I feel, how we feel, representing what the minority feels about the needs to go to conference on the pension bill. That is an obligation I have. I think I am right. But the fact that I disagree with the majority doesn't mean that there is anything wrong with me. I think we are right.
I had an obligation to come and talk about the debt limit. That is important that we talk about that. I believe I had a right and an obligation to come and talk about the situation dealing with stem cells. I think anyone that would read my statement about stem cells, that wasn't a statement where I was
saying let's draw a ring here and have somebody go in one corner and somebody come out the other and start slugging. I think this is one of the most important things that we need to do this year. I was pleading for time to have it done.
As far as cooperation, that runs both ways. We are in the minority. We understand that. But times change around here. Someday we will be in the majority, and we will be back in the minority. That is one of great things about our country. That is one of the great things about the Senate.
The Senate is here to protect individual Senators who represent States. Sometimes these rules are cumbersome. I see on the floor the distinguished junior Senator from Mississippi who was the majority leader and minority leader in years past. He has written a book about how difficult it is. But it is the Senate. It has worked well for our country. I hope when the books are written about my tenure here that it will be one where people will say: He tried to get along with people, tried to get some things done. I have no problem with the majority leader coming to the floor and saying: What did you say? Because he can look at the record and see what I said. I don't mind staff running notes to him saying things, parts of what I said. But there was nothing in any of my statements that should be cause for alarm, other than alarm that I believe there are certain things we need to do: Specifically, debate on the debt limit; two, get a conference appointed for the pensions; and get a time set so we can debate stem cells.
I will take it, 9 to 7. You will have a deal.
Will the Senator yield?
That is what I said earlier. During my tenure as leader and assistant leader, I never remember this happening. That is what I said before you came here.
Mr. President, first of all, I thank the majority leader for his considerable effort, patience, and perseverance in bringing this legislation to the floor on the basis of the commitment which the…
Mr. President, first of all, I thank the majority leader for his considerable effort, patience, and perseverance in bringing this legislation to the floor on the basis of the commitment which the leader made in December prior to our adjournment that we would have this legislation to increase low-income fuel assistance for those States that clearly need it, given the rising prices of home heating oil and natural gas, given the fact that we are in the midst of the winter, and given the fact that this has a major impact on families across the country.
I hope we will get beyond today, beyond the cloture vote and be able to secure the additional funding that is so essential to so many of the States and to so many individuals and families who depend upon it. It is absolutely critical that we provide these funds for this fiscal year in order to prepare for the summer and also to address the contingency necessity of providing additional funding this winter.
I am joined in my efforts and I wish to thank my colleague, Senator Coleman, my colleague from Maine, Senator Collins, Senator Grassley, Senator Sununu, Senator Specter, and Senator Santorum, as well as Senator Smith and Senator Kerry. I express my deep appreciation for their support.
I first want to address some of the criticisms that were engendered last week because I think there has been a lot of misunderstanding and misinterpretation about exactly where we stand today and what the facts are.
First of all, my underlying bill shifts the funding from fiscal year 2007 to 2006. There is an additional $1 billion for the purposes of ``contingency'' funding, otherwise known as emergency funding for emergency purposes. So it is budget neutral. We are just advancing it 1 year because of the unusual circumstances and because of events between rising oil prices and a difficult winter which have eroded the value of the low-income fuel assistance. This would help to make it more consistent with the authorization level because of the dire need in so many States across the country, including my own.
It does nothing to modify how those funds are disbursed to the States. The Senate decided 1 month ago when it passed the Deficit Reduction Act that 25 percent of the $1 billion would be appropriated through a formula funding and 75 percent would go to emergency contingency funding.
The Congress decided--including the Senate, and it became law just a month ago--that the President would continue to have the emergency funding capability in order to disburse that part of the funding, 75 percent to those States that needed it at that moment in time because there was an emergency. Emergencies are just that--emergencies.
What the critics are saying about my approach is they now want to change it for the first time ever and take away the capability of having emergency funding under the low-income fuel assistance. It doesn't make sense. Because the States are facing an emergency, they ought to be able to have their funding. That would be taken away by the Kyl amendment, and it would be distributed to States irrespective of whether they need it, irrespective of the fact that no emergency occurred in their State.
I understand that under the low-income fuel assistance program, you have part emergency and part formula. That is what it is all about.
All my underlying bill says is advance the funding from 2007 to 2006 for $1 billion. So we are not increasing the net level of funding for low-income fuel assistance. We have already agreed to it in the budget. It is not increasing spending. It is budget neutral. I don't change the way it is distributed. I am doing just exactly what was dictated by the U.S. Senate, and it became law in the Deficit Reduction Act a month ago.
Now we are saying let us change the entire formula, let us change the entire approach through the Kyl amendment by distributing all of the funds through a formula and we will have no emergency funding.
Let me remind my colleagues that just last fall, we had four States that benefited from the emergency funding as a result of the hurricane. Alabama received $2 million; Florida, $1.35 million; Louisiana, $12 million; Mississippi $11.75 million--exactly because it was an emergency. The President had the authority, had the discretion to disburse those funds from the contingency funds under the low-income fuel assistance program. Under the Kyl amendment, the President wouldn't have that capability. It would be given to States that didn't experience the hurricane, that didn't have an emergency. We would not be able to have any emergency funding if we passed the Kyl amendment.
I hope the Senate will continue the way in which we have approached it in the past. I hope we pass the underlying bill at the very least to advance that funding.
Emergency contingency funds exist because we cannot predict the weather, whether it is in the South or the Northeast or the West. We can't predict. That is why we created an emergency fund under low- income fuel assistance. Now, for the first time ever, we take away that capability.
I think it is important for my colleagues to understand what is at stake. All of the funding under low-income fuel assistance would be distributed according to a formula. There would be no separate funding for emergency purposes as we provided in the gulf last fall. So four States were able to benefit from the emergency distribution as a result of the President's action.
We need that discretionary capability because we are not weather forecasters. We do not know what will happen in America wherever it is going to happen. This is not a regional program. This benefits all 50 States. In fact, in January 2005, in looking at the distribution, all 50 States historically have benefited at some point from the emergency funding.
Unfortunately, on Thursday night there was a chart distributed in the Senate that was misrepresentative of the facts. Even the Congressional Research Service said it was misleading. The fact is, it did not portray the facts. It showed a distribution of the funds in January 2005 according to the emergency funding at that moment in time. But if you looked at it in February or March or April or this year, it might be radically different because the emergencies might have occurred elsewhere. That distribution was for that moment in time because of the emergencies
that resulted. That is not a constant pattern of distribution. It was a misleading chart. I don't blame my colleagues for voting for the interests of their respective States, absolutely. But I want my colleagues to realize and understand that chart was misleading. It does not represent what the emergency funding is all about. We cannot predict an emergency. So there were emergencies back in January 2005 that represented those distributions, but that is not the way it happens all the time because we do not know when the emergencies are going to occur.
I regret that chart was distributed on the basis that it represents how these funds are circulated and dispensed according to the States. They are dispensed according to need and necessity. That is what the emergency funding is all about.
It is important to realize the value of the low-income fuel assistance program overall. In fact, it is one that many of the States have come to depend on, rightfully. I was in the House of Representatives when we first created this program during an energy crisis back in 1979 on the essential basis of helping to mitigate people's fuel bills, particularly for the low income and those who are disadvantaged who cannot possibly pay for the total cost of their oil bills, or in the summer for air-conditioning bills. We know it has profound implications on people's budgets, their inability to meet the rising costs, and especially so this year with 30 to 50 percent increases in their energy bills. That is in addition to the increases that occurred last year that were 20 to 30 percent.
My constituents in the State of Maine cannot meet those rising prices. We are just attempting to hold them harmless with this funding, to hold them harmless to last year to maintain the status quo. What is the status quo? It is about meeting maybe a quarter of their fuel bill during the winter. Maybe. That depends on the rising price, and as we know, it has been an unpredictable pattern of rising prices. It is a very different thing when we have a price for a barrel of oil at $29 compared to where we are today, with a fluctuation anywhere from $61 or $66 for a barrel of oil. That has a major impact on a family's budget. The value of low-income fuel assistance today from where it was back in the mid-1980s has declined to 19 percent of the real value of this program based on what we have provided under low-income fuel assistance.
Back in the 1980s it represented, in real terms, 50 percent to families across this country. Now it has declined to more than 19 percent.
There was a survey recently conducted that illustrated this situation and why this program is so critical to so many families in my State and across America. It illustrated this point. It is tragic. It said that 73 percent of households would cut back and even go without other necessities such as food and prescription drugs and mortgage and rent payments to pay for heat. We have seen that illustrated in the State of Maine. We have had some very dire and tragic situations where people have had to be hospitalized because of hypothermia.
People say it is a mild winter. I invite Members to come to Maine and tell me about it. It has been a very cold winter.
But this is also about the price. In the State of Maine, the price has risen 30 to 50 percent in addition to the price increases last year. Yet the funding for low-income fuel assistance has maintained the status quo. So there has been an erosion of support for families who depend upon this program just barely to meet, perhaps, a quarter of their overall fuel bills depending on the price.
That is why I have asked, along with my colleague from Minnesota, Senator Coleman, my colleague from Maine, Senator Collins, and so many others who have cosponsored this legislation, to advance the funding by 1 year. It has already been provided for. It is budget neutral.
I heard one possibility of using TANF funds to pay for this. Let me remind my colleagues, under the law, TANF funds are to go for families with children. It does not allow for the use of TANF funds for any other purpose. If States do so for ineligible individuals or families, the State is penalized up to 5 percent. Using TANF funds cannot be allowed for low-income seniors, for example, who otherwise are not eligible under the TANF law.
I remind my colleagues that it is important to look at the facts and how the law works and what the implications are. I hope we can get beyond the regionalization of this low-income fuel assistance program bill and look at what is in the best interest of America, irrespective of where the necessity lies. Whether it is in the North, East, South or West, is it a need? Is it vital? Is it important? That is what this legislation is all about.
That is why, in the wisdom of the Congress and the President, we established the contingency fund for emergency purposes so the President would have the discretionary authority to distribute those funds on the basis of need at that moment in time. The other funding is distributed according to a formula. I don't change any of that. I do not change existing law. I do not change what this Senate and the House passed that became law a month ago. I do not change that.
The amendment offered by Senator Kyl changes all of that and places 100 percent of the funding under the low-income fuel assistance program on a formula basis so there is no emergency funding.
I hope my colleagues would vote for cloture so we can proceed. Whether we have amendments remains to be seen. But I am prepared to work with my colleagues, those who have differences of opinion regarding this legislation, to work it out, work it out for their State and what is in the best interest of their State, our States, and for all of America. This should not be a North, South, East, West issue. This should be an issue on the basis of what is right, what is fair, what is required, and what is needed. That is what this is all about. An emergency is an emergency. That is what the emergency funding is. That is what this contingency funding is.
I impress upon my colleagues how important it is. It would be a dramatic departure to accept the amendment offered by the Senator from Arizona to redistribute all of the funds through a formula and have no capacity whatever for the President to distribute it on an emergency basis.
I remind my colleagues this is not just about Maine or the North, it is about the South and the East and the West. This shouldn't be about a compass. This should be about America.
I hope Members will look at the facts. The facts are we distributed funding under the emergency contingency fund last fall to help those States in the gulf as a result of the hurricanes for four States, including Florida, Alabama, Louisiana, and Mississippi. We gave them $15 or $14 million distributed by the President, rightfully, in response to an emergency.
Taking the emergency funding and distributing it on the basis of a formula means that States are going to receive funding when there is no emergency. How did that make sense? That was not the intent, ever. The intent was to maintain the separate funding for this capability. That is what it was all about.
Eleven States have totally obligated their winter heating fund for this winter, including my own State: Arkansas, California, Georgia, Iowa, Maine, New Hampshire, Oklahoma, Oregon, South Dakota, Rhode Island, Utah, and many of the other States. In fact, 34 Governors have written requesting this additional assistance. They are facing a crisis because applications are up and the funding is down. Increases of at least 20 percent are expected in 15 States alone.
The funds expended for the low-income fuel assistance is equivalent to the amount Congress allocated in 1983. That was 23 years ago. What about the price of a barrel of oil? It is important to my State of Maine where 84 percent of the people qualify for low-income fuel assistance, and the State in general is around 80 percent; 80 percent for those dependent on home heating oil. A barrel of oil in 1983 was $29.
By the way, the price should be going down as we go away from winter and toward the summer. But there is a dramatic change this year. The price is actually going up. And the future price for oil is much higher in January of
2007. That should raise a serious concern among all Members about the potential for price increases with respect to home heating oil and natural gas.
A barrel of oil in 1983 was $29; today it is at least $61 a barrel. That is a difference of $32. We are basically losing the value of low- income fuel assistance because the funding has remained the same. It has declined to about 19 percent of the real value of what it represented when we first created the program almost 27 years ago when I was serving in the House of Representatives.
I have offered the underlying bill to advance the funding based on the recent formula. I do not change the funding. It is 75-25, 75 for emergency and 25 percent on formula. I am prepared to offer a 50-50 that would actually allow many States to gain or stay the same if we want to talk about the formula but do not do away with the emergency funding. That would be the first time ever under this program, and we will not have the capability and the President will not have the authority or the prerogative to respond to those States that are in an emergency crisis, as was the case last fall with Hurricanes Katrina and Rita. That is the major departure, historically, from how we have obligated funds, both to formula and for emergency.
Mr. President, 54 percent of my colleagues have voted for an increase in funding for low-income fuel assistance last year, requiring 60 votes. That was requiring 60 votes. We worked very hard. We got 66 votes last week on proceeding to this vital issue.
So I hope my colleagues will support this cloture motion so we can move beyond and get to the heart of the matter, so we can discuss the differences and the implications of the underlying bill versus the amendments offered. I am prepared to work with my colleagues in any way to work it out. It is not, in my view, a matter of North versus South, East versus West or whatever. It is not sectional interests we are talking about.
What we are talking about is doing what is right for whoever needs this program and depends upon it in a moment in time. That is what the emergency funding provides. It gives us that flexibility and that capability that will be done away with by the Kyl amendment. I truly regret there was this chart that was distributed last week because it gave an erroneous picture of the accurate distribution of funding because with emergency funding you cannot have a fixed picture because it depends on the emergency. And unless someone around here is a soothsayer, there is no way to know how that funding will be distributed.
Yes, it was distributed at that moment in time that way. That is precisely because there were emergencies. But you do not know what the emergency is going to be a year from now, a month from now, 6 months from now. We are coming upon the hurricane season again. God forbid if anything else happens. The fact is, we need to have that flexibility, as we did last fall. We need to have that capability similarly for our States that need it, in Maine and the other cold-weather States currently.
If we need more funding, I am all for it. But I know there is resistance by many to increasing the funding, regrettably. But this has fallen far short of the real value of this program, as I illustrated. We have not provided a real increase in the low-income fuel assistance program since it was created back in 1979 during my first term in the House of Representatives.
Those are the facts. So I urge my colleagues to vote to proceed to the final consideration of this bill.
I reserve the remainder of my time.
Mr. President, how much time is remaining?
Thank you, Mr. President.
I just want to make a couple points, and then I will reserve the remainder of my time.
The Senator from Illinois mentioned Senator Reed, and I, too, would be remiss if I did not mention Senator Reed from Rhode Island, who has worked mightily on this issue and seeking increases in low-income fuel assistance and, in fact, has worked on that throughout the last year and this year as well. So I thank him for all of his efforts in that regard.
Finally, regarding low-income fuel assistance contingency funds, under the law--I would like to read it to my colleagues because I think it is important to understand the purpose that was underlying the design and how this program would allocate the funding in emergency situations. The low-income fuel assistance contingency funds are released at the discretion of the Secretary of Health and Human Services. I quote from the law, the law we all supported:
. . . to meet the additional home energy assistance needs of
one or more States arising from a natural disaster or other
emergency.
That is the purpose of the contingency fund that is currently in law. That was supported by this Senate, by the House, and became law. It is what the White House wants. The President wants it. He wants to continue that authority and flexibility to be able to respond to emergencies when they arise. We have no way of predicting when they might arise. Therefore, it is important to have those funds set aside for exactly and precisely that purpose.
The funding distribution is not altered under the underlying legislation that is pending before the Senate. It would be significantly altered by the amendment offered by the Senator from Arizona because we would no longer, for the first time in the history of the low-income fuel assistance program, have emergency funding capability, none whatsoever. So where we have provided millions of dollars to Alabama and Mississippi and Louisiana and Florida as a result of the hurricanes last fall, we would not have that capability in the future. We do not have any capabilities.
I want to reiterate the fact that the graph that was distributed last week fundamentally misrepresented the allocation of funds. That was for one snapshot in time because emergencies existed at that moment in time. So if your State got that kind of money at that moment in time, it does not mean you get it the next time unless you had an emergency. That is what it is all about. You want your State to have the benefit of emergency funding under this program when an emergency arises, in the event it is necessary. If it is not, then you do not need that funding at that moment in time.
We have the formula capabilities under the low-income fuel assistance program to provide and distribute the money to various States. That is another part of the program. But to do away with the emergency capabilities under this program, for the first time ever, is a dramatic departure from where we have been in the past, a dramatic departure even in the alteration of the funding formula, as represented by the amendment offered by the Senator from Arizona. It would be a dramatic departure in all respects, and it would have implications all across America.
Let me remind my colleagues. I quote:
[It is] to meet the additional home energy assistance needs
of one or more States arising from a natural disaster or
other emergency.
As I said earlier, 34 of our Nation's Governors have recognized the crisis and have written to the Senate and House leadership respectively and said: Despite significant State contributions to emergency relief funds or supplementing existing State-Federal programs, with the record cost of energy nationwide, the Federal fiscal year 2006 funding for LIHEAP reflects a net decrease from the previous year's total. Exactly, because of the rising prices. That is what it is all about. It has been the status quo, as I said, for funding under LIHEAP, essentially since it was created, but most especially since 1983. That is a long time ago.
I think we ought to do what is right. It will benefit all of our States depending on the need and whether an emergency arises. Then we have the formula to distribute the other funding according to the States and to a formula upon which we have all agreed. And it is fair and equitable. What is underlying all of this is to do what is right for all of America, for all of our States, and not to pit one State against another, one region against another. That is not what this is all about. This program is for all 50 States based on formula and based on emergencies.
I hope we will not significantly alter this in a way that removes emergency funding capability that the President now has and what we certainly need and depend on in the event that occurs in any one of our States.
So with that, I reserve the remainder of my time and suggest the absence of a quorum.
Mr. President, I commend Senator Coleman for his leadership and all the efforts he has made in regard to the pending legislation.
I suggest the absence of a quorum.
Mr. President, I yield the remainder of my time to my colleague, Senator Collins from Maine.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, in news reports last evening and this morning there was a suggestion that some sort of deal was…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, in news reports last evening and this morning there was a suggestion that some sort of deal was being reached in the Congress, between the Congress and the administration, on the issue of the Dubai
Ports World Company managing six of America's large seaports. Let me point out there is no deal that I am aware of, but if there is a deal, it is being made by people who have not consulted many of us in the Congress.
In any event, I think this proposal still lacks basic common sense. I want to speak about it for a couple of minutes.
In the Wall Street Journal, the Secretary of Homeland Security, Mr. Chertoff, says: ``U.S. ports takeover''--again, by the Dubai Ports World, the United Arab Emirates-owned company--the head of our Homeland Security Chertoff says: ``U.S. ports takeover would tighten grip on security.''
So he actually makes the case, the head of our Homeland Security agency, that allowing the management or the takeover of our six major port facilities, seaport facilities, would strengthen America's security. That is an unbelievable statement. I will describe why he says it. He said:
Assuming the deal would go through, we intend to have a
deep look into their practices, certainly in the U.S. ports.
That is a direct quote. That is almost unbelievable. So they apparently haven't had a deep look into their practices before the deal goes through. This is a circumstance where most of the American citizens understand what is being proposed and very strongly react to it in opposition.
This country is the subject of many terrorist threats. We understand that terrorists from around the world want to strike inside this country. We have all this security in this country--some judged to be quite good, some very deficient. Go to an airport and see what happens when you want to board an airplane. You are going to have to go to a line and you are likely to have to take off your shoes and you are probably going to have to take off your belt and wristwatch and then they are wanding some little 6-year-old boy, spread eagle against a wall someplace because he set off the buzzer. So all of that happens before you get on an airplane. Why? Because airport security is very important.
So is seaport security. We don't have seaports in my home State, but we are recipients of those containers that come on ships into our seaports. Somewhere between 5.7 million and 5.9 million containers a year come into our seaports at 5 or 6 miles an hour to go into the dock where those containers are lifted off by that crane and trucked off all across the country. All of us are recipients of what is coming into our seaports.
Seaport security, frankly, is miserable; 5.7 to 5.9 million containers come into this country and 4 to 5 percent is inspected, all the rest is not inspected, and we believe somehow we are protecting our country?
You will recall shortly after 9/11, there was a fellow from the Middle East, from Egypt I believe, who decided to put himself in a container, get it nailed up and put on a container ship, shipping himself to Canada. He had all the amenities you would need to travel in a container: he had a cot, a GPS locator, a radio, apparently, and a heater. He was in a container on a ship. He was a fellow they thought to be a terrorist shipping himself into Canada in a container for the purpose of coming into the United States.
So seaport security is critically important. We have had vote after vote in the Senate to improve seaport security but the majority doesn't want to spend the money to do that.
Now, with respect to the issue of seaport security, we are told that a United Arab Emirates wholly owned company called Dubai Ports World has been approved by something called CFIUS, one of those God-awful acronyms, the Committee on Foreign Investment in the United States. They have approved the takeover and management, which would include security, by the way, of ports, six major seaports in this country, including New York and New Jersey and Baltimore and New Orleans, and so on.
CFIUS, which is 16 or 18 of the agencies of the current administration getting together, said they think this will be just fine, so they approved it. They approved it without even the 45-day extension you would normally have if someone expressed some concerns about it.
Now Mr. Chertoff, the head of Homeland Security, says our security will actually be better if the United Arab Emirates company takes over our ports. Chertoff says, ``U.S. ports takeover would tighten grip on security.''
I don't know. Maybe he's not drinking the same water most Americans are drinking. I don't know how you come to this conclusion. Allowing a United Arab Emirates company to manage our ports is going to manage and improve our security? I don't think so. That doesn't make any sense.
Let me describe the United Arab Emirates. I will do it in terms that do not suggest this is a bad country. That is not my point, although I must say that two of the hijackers who attacked this country on 9/11/ 2001 came from the United Arab Emirates, a substantial portion of the financing for those terrorist attacks came through the financial institutions of the United Arab Emirates, Dr. Kahn from Pakistan, who was moving nuclear materials and nuclear knowledge and knowhow around the world, did that through the UAE ports. There are serious questions to be asked.
But let me make another point; that is, the relationship of the United Arab Emirates to Osama bin Laden. The 9/11 report described a circumstance in which we had discovered, in 1999, where Osama bin Laden was at that time and our country was attempting to target Osama bin Laden. This is in early 1999. The CIA learned that Osama bin Laden could be found at a camp in the Afghan desert, and the U.S. military began to plan a strike against that camp. But the strike was called off because Osama bin Laden was apparently being visited by members of the royal family of the United Arab Emirates.
In fact, let me read to you from the 9/11 Commission report. You will find this in the booklet published by the 9/11 Commission:
No strike was launched.
This is the strike against Osama bin Laden whom our Intelligence Committee said they had discovered. They knew where he was.
No strike was launched. . . . According to the CIA and
defense officials, policymakers were concerned about the
danger that a strike would kill an Emirati prince or other
senior officials who may be with bin Laden.
That is on page 138 of the 9/11 report, the former CIA Director George Tenet explaining why an attack against Osama bin Laden at a Afghan camp was called off said:
You might have wiped out half of the royal family in the
United Arab Emirates in the process, which I'm sure entered
into everyone's calculation in all of this.
The administration says the UAE has been helpful to our country in the fight against terrorism. If they have, and there is some evidence they have since 9/11, then this company appreciates that. But that appreciation, in my judgment, should not and will not extend to inviting the United Arab Emirates-owned company to manage America's seaports. It just defies common sense.
The administration says: What about offending the United Arab Emirates by saying no? We would offend this country by saying no? What about offending common sense by saying yes? Most of the American people understand. They understand if you are going to have security in this country, security includes the United States deciding to provide security at its seaports. The United States can't manage its seaports? I don't understand that.
I was interested in a piece yesterday in the Washington Post by Sebastian Mallaby. I don't know Sebastian Mallaby, but he is a pretty good reflection of those who are pushing this issue, saying that those who oppose having the United Arab Emirates company manage our seaports are demagogs. He said:
The demagogs are poised to strike again.
He said:
If demagogs can turn a tiny ally such as Dubai into a
villain, you can bet they will do that with China.
He's talking about China trade.
The Dems will next play the China card.
One of the things he points out, he says we have a trade deficit with China. He doesn't seem to care much about that. But he says if we are going to get serious about dealing with the trade deficit, we need to get serious about balancing the Federal budget. This person must have missed Economics 101. We did balance the trade deficit under the final years of the Clinton administration and the deficit continued
to rise. We keep hearing these folks say the reason we have a trade deficit is because we have a fiscal policy budget deficit, which is not true. We actually created a surplus here before President Bush took over, and the trade deficit continued to rise. Now we have the highest trade deficit in history and a substantial portion of that trade deficit is with the Chinese.
It is interesting to me, all of these columnists, of course, tend to be apologists for public policies that don't work. But to suggest that somehow those who stand and oppose the management of American ports by a United Arab Emirates company are demagogs is elitist and it is wrong.
The so-called group called CFIUS, which, by the way, almost turns down nothing. They have reviewed lots and lots of proposals, and they have approved them all, virtually. I think they disapproved eight of them out of many proposals. But the Coast Guard had written a classified memo to CFIUS--on February 27 that was disclosed publicly by Senator Collins, I believe, at the hearing. The report said the following:
There are many intelligence gaps concerning the potential
for the UAE company's assets to support terrorist operations
and that precludes an overall threat assessment on the
potential DPW and P&O Ports merger.
In fact, the Coast Guard restored a large number of potential vulnerabilities. That is directly from the Coast Guard's memorandum.
One of the so-called intelligence gaps that the Coast Guard referred to was that no one had checked the backgrounds of the people in charge of the UAE company that would manage our ports. So when the Coast Guard's secret report was made public, the administration said the Coast Guard ought to say something pleasant. So the Coast Guard came out and issued a statement the next day saying:
Upon subsequent and further review, the Coast Guard and the
entire CFIUS panel believe the transaction, when taking into
account strong security assurances by DP World, does not
compromise American security.
Interesting--the Coast Guard statement doesn't say anybody had checked out the backgrounds of the officials at the UAE company. That is what their secret memo had said represented the vulnerability. But the highest ranking official in the Department of Homeland Security, who was part of this group and who reviewed this port deal, said this:
The CFIUS review did not include background checks on the
senior managers of the company.
It is quite clear the Coast Guard, in a classified memorandum, expressed concerns about the terrorist threat, about vulnerabilities as a result of the takeover of American ports by a UAE-owned company and then the Coast Guard, when the classified memo became public, was ordered--the Coast Guard, of course, works for the President, the Coast Guard said something softer, but the Department of Homeland Security's ranking official, Stewart Baker, quite clearly said:
The CFIUS review did not include background checks on the
senior managers.
This is a fascinating description of trying to put a patch on a hole that is too big. None of this adds up very much.
I do want to make another point. This is about offshoring and outsourcing, and so on. The question is, Why would we be contracting with a foreign government, essentially--through a foreign company they wholly own--to manage our ports? This is the new global economy, we are told. If you don't get it, you are an isolationist, xenophobic stooge who can't figure it out. This is all part of the global economy.
President Bush went to India last week. If you are asking the question: How is it that the management of American seaports should be done by the United Arab Emirates company and you don't understand it, you won't understand what the President said last week in India either. What the President said in India, in several speeches, was you need to understand this global economy of ours. He said things have changed. This is about outsourcing of jobs.
I have some quotes from the President. The President says, about globalization: I guess generally outsourcing--you know outsourcing is not bad. People do lose jobs as a result of globalization, and it's painful to those who lose jobs, but the fundamental question is how does a government or society react to that? One of two ways. One is to say losing jobs is painful, therefore lets throw up the protectionist walls and the other is to say losing jobs is painful so let's make sure people are educated so they can find or fill the jobs of the 21st century.
I have news for the President. Those 21st century jobs for educated Americans--he was visiting them in India. He was looking at them. He's looking at the engineers who are now working at jobs American engineers used to have. Why did those engineering jobs go to India? Because you can hire an engineer in India for one-fifth the cost of an American engineer. So the solution is not to say let's have an American lose his or her job and then get better educated. How better educated than going to school to get a degree in engineering and then losing it to somebody in the country of India who is able to work for one-fifth the price?
So he said:
You don't retrench and pull back. You welcome competition.
Understand globalization provides great opportunities.
It is fascinating to me, the people who always talk about this are people who will never be outsourced. The President of the United States is never going to be outsourced. Do you think they are going to move his job to India? I don't think so--or China or Bangladesh or Sri Lanka or Indonesia? I don't think so.
Our first great purpose is to spread prosperity and
opportunity to people in our own land and to the millions of
people who have not known it.
How does that fit, spreading prosperity and opportunity by moving American jobs to China and to India?
How does it spread prosperity and opportunity by deciding that a United Arab Emirates country will come and manage American seaports? How does that spread opportunity?
The President says the United States will not give into protectionists and lose these opportunities. So the President, very much like the columnist, Mr. Sabastian Mallaby from the Washington Post, all use the same language. It is code language. They all understand it. It is elitist language: protectionist, building walls, isolationist xenophobes.
We have a trade deficit of some $720 billion. Every single day, 7 days a week, all year long, we actually import $2 billion more in goods than we export to the rest of the world. Every single day, 7 days a week, we sell $2 billion worth of our country to foreigners.
I am not suggesting we shouldn't trade. I believe expanded trade is beneficial. But I am suggesting that we have a backbone, nerve, and a little will to stand up for our country's economic interests.
Can we not tell China, for example, that they can't have a trade relationship with us that has a $202 billion surplus every year? Last year it was a $202 billion deficit with China. Do we not have the nerve to say to China trade is mutually beneficial, a two-way street, that is the way we insist on it, and if they are going to sell to us then they are going to buy from us? Don't we have that nerve and will. If not, why not?
The same is true with others, especially Japan. With Japan it has been a couple of decades where we have had very substantial deficits year after year after year. And our country doesn't have the nerve or will to do anything about it.
We still have folks walking around thumbing their suspenders and puffing on their cigars talking about globalization and how wonderful it is. No one ever lost a job to outsourcing--it is just American workers who lose those jobs.
It is not just the jobs that are gone. It is the jobs left here that become priced by the China price--downward pressure on wages, downward pressure on benefits, stripping away retirement benefits and health care benefits. That is what is happening all across this country.
The issue I started talking about--the issue of managing an American port by a United Arab Emirates firm--wouldn't even have been discussed here 20 years ago. It would have been laughed at. Are you kidding me? Are
you really serious? We will have America's ports managed by the United Arab Emirates given the climate we face today?
Twenty years ago, you wouldn't be talking about a $700-plus billion trade deficit. Things have changed a lot.
We have a President who cheerleads now for that trade strategy despite the evidence--all of the evidence year after year--that this is a bankrupt trade strategy. It is bankrupting this country. It is selling part of America piece by piece of every single day. All of these things relate.
I only wanted to speak briefly--it turned out not to be so briefly-- about those who announced to the press or those who talked to the press resulting in news stories last evening that there is a deal in the works; perhaps the United Arab Emirates company could buy an American subsidiary and actually run the ports through a U.S. subsidiary. There is no deal in the works that I am aware of.
I have introduced legislation that would overturn this decision. In one way or another we are going to vote on these things. I believe there are other colleagues who believe the same.
We are going to go vote on these things no matter what kind of deal somebody else comes up with. I think there needs to be a good healthy dose of common sense expressed on some of these issues, and that is certainly lacking on trade, on national security, and on port security.
I hope, perhaps, we can get those before the Senate soon.
I yield the floor.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent to speak as in morning business. Mr. President, I rise today to speak…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I ask unanimous consent to speak as in morning business.
Mr. President, I rise today to speak about the ethics and lobbying reform bill we will be considering this week.
Over 100 years ago, at the dawn of the last century, the Industrial Revolution was beginning to take hold in America, creating unimaginable wealth and sprawling metropolises all across the country.
As factories multiplied and profits grew, the winnings of the new economy became more and more concentrated in the hands of a few robber barons, railroad tycoons, and oil magnets. In the cities, power was maintained by a corrupt system of political machines and ward bosses. In the State of New York, there was a young Governor who was determined to give government back to the people.
In his first year, he had already begun antagonizing the State's political machine by attacking its system of favors and corporate giveaways. He signed a workers' compensation bill, and even fired the superintendent of insurance for taking money from the very industry he was supposed to be regulating.
None of this sat too well with New York's powerful party bosses, who finally plotted to get rid of the reform-minded Governor by making sure he was nominated for the Vice Presidency that year.
What no one could have expected is that soon after the election, when President William McKinley was assassinated, the greatest fears of the corrupt machine bosses and power brokers became true when that former Governor became President of the United States and went on to bust trusts, break up monopolies, and return the government to its people.
His name, of course, was Theodore Roosevelt. He was a Republican. Throughout his public life, he demonstrated a willingness to put party and politics aside in order to battle corruption and give people an open, honest government that would fight for their interests and for their values.
I think today we face a similar crisis of corruption and a similar crisis of confidence. I believe we need similar leadership from those in power as well.
The American people are tired of a Washington that is open only to those with the most cash and the right connections. They are tired of a political process where the vote you cast is not as important as the favors you can do. They are tired of trusting us with their tax dollars when they see them spent on frivolous pet projects and corporate giveaways.
It is not that the games that are played in this town are new or surprising to the public. People are not naive to the existence of corruption. They know that over the years it has worn both a Republican and a Democratic face.
Moreover, the underlying issue of how extensively money influences politics is the ``original sin'' of everyone who has ever run for office, including me. In order to get elected, we need to raise vast sums of money by meeting and dealing with people who are disproportionately wealthy. This is a problem that predates Jack Abramoff.
So I agree with those on both sides of the aisle who believe we should not let half measures and partisan posturing on campaign finance reform derail our current efforts on ethics and lobbying, but I also think this is an issue and a conversation we are going to have to have in the months to come--the conversation about campaign financing. That is not, however, the topic that is before us this week.
While people know that both parties are vulnerable to these problems, I do not think it is fair to say that the scandals we have seen most recently under the current White House and Congress--both legal and illegal--are entirely predictable or the standard fare. They are worse than most of us could have imagined.
Think about it. In the past several months, we have seen the head of the White House procurement office arrested. We have seen some of our most powerful leaders of both the House and the Senate under Federal investigation. We have seen the indictment of Jack Abramoff and his cronies. And, of course, last week, we saw a Member of Congress sentenced to 8 years in prison for bribery.
Now, there are some in the media who dismiss these scandals by saying: Everybody does it. The truth is that not everybody does it. We should not lump people together--those of us who have to raise funds to run campaigns but do so in a legal and ethical way with those who invite lobbyists into their offices to write bad legislation. Those are not equivalent. And we are not being partisan by pointing that out.
The fact is, since our Federal Government has been controlled by one party, this kind of scandal has become, unfortunately, a regular order of business in this town. For years now, some on the other side of the aisle have openly bragged about stocking K Street lobbying firms with former staffers to increase their power in Washington--a practice that should stop today and never happen again.
But what is truly offensive to the American people about all of this goes far beyond people such as Jack Abramoff. It is bigger than how much time he will spend in jail or how many Members of Congress he ends up turning in. It is bigger even than the K Street project and golf junkets to Scotland and lavish gifts for lawmakers.
What is truly offensive about these scandals is they do not just lead to morally offensive conduct on the part of politicians; they lead to morally offensive legislation that hurts hard-working Americans.
When big oil companies are invited into the White House for secret energy meetings, it is no wonder they end up with billions in tax breaks while most working people struggle to fill up their gas tanks and heat their homes.
When a committee chairman negotiates a Medicare bill one day, and after the bill is passed is negotiating for a job with the drug industry, it is hardly a surprise that industry gets taxpayer-funded giveaways in the same bill that forbids seniors from bargaining for better drug prices.
When the people running Washington are accountable only to the special interests that fund their campaigns, it is not shocking that the American people find their tax dollars being spent with reckless abandon.
I have to point out that since the current administration took office, we have seen the number of registered lobbyists in Washington double. In 2004, over $2.1 billion was spent lobbying Congress. That amounts to over $4.8 million per Member of Congress.
How much do you think the American people were able to spend on their Senators or Representatives last year? How much money could the folks back home, who cannot even fill up their gas tanks, spend on lobbying? How much could the seniors forced to choose between their medications and their groceries spend on lobbyists? Not $4.8 million--not even close.
This is the bigger story here. The American people believe that the well-connected CEOs and hired guns on K Street who have helped write our laws have gotten what they paid for. They got all the tax breaks and loopholes and access they could ever want. But outside this city, the people who cannot afford the high-priced lobbyists and do not want to break the law are wondering: When is it our turn? When will somebody in Washington stand up for me?
We need to answer that call. Because while only some are to blame for the corruption that has plagued this city, we are all responsible for fixing it.
As you know, I am from Chicago, a city that has not always had the most stellar reputation when it comes to politics. But during my first year in the Illinois State Senate, I helped lead the fight to pass Illinois' first ethics reform bill in 25 years. If we can do it in Illinois, we can do something like that here.
But we have to pass a serious bill that has to go a long way toward correcting some of the most egregious offenses of the last few years and preventing future offenses as well. This is not a time for window dressing or putting a Band-Aid on a problem to score some political points. I think this is a time for real reform.
I commend the work the two committees that have dealt with this issue have already put in under the leadership of Senator Lott and Senator Dodd, Senator Lieberman and Senator Collins. I want to note that the Honest Leadership and Open Government Act, which was originally sponsored by those of us on this side of the aisle, has 41 cosponsors and, I think, established a good marker for reform. I commend my leader, Harry Reid, and his staff for their hard work in putting it together.
But real reform means making sure that Members of Congress and senior administration officials are dealing with this in as thoughtful and aggressive a fashion as is possible. Let me give you some examples of some provisions that are already in, but also some provisions I would like to see included.
Real reform means making sure that Members of Congress and senior administration officials wait until they leave office before pursuing jobs with industries they are responsible for regulating.
I understand that former Congressman Billy Tauzin has said he was not negotiating for a job with the drug industry at the same time he was negotiating the Medicare bill, but the fact is this: While he was a Member of Congress, he was negotiating for lobbying jobs with not one but two different industries that he was responsible for regulating-- the drug industry and the motion picture association.
That is wrong. This should not happen anymore. Real reform means ensuring that a ban on lobbying after Members of Congress leave this office is real and includes behind-the-scenes coordination and supervision of activities now used to skirt the ban. Real reform means giving the public access to now secret conference committee meetings and posting all bills on the Internet at least a day before they are voted on so the public can scrutinize what is in them. Real reform means passing a bill that eliminates all gifts and meals from lobbyists, not just the expensive ones. And real reform has to mean real enforcement because no matter how many new rules we pass, it will mean very little unless we have a system to enforce them.
I commend Senators Lieberman and Collins for their efforts to create such an enforcement mechanism through an independent office of public integrity. While this proposal doesn't go quite as far as my proposal for an outside ethics fact-finding commission, it is still very good, and I am looking forward to working with them to try to get it included in the bill that has been marked up. But to truly earn back the people's trust, to show them we are working for them and looking out for their interests, we have to do more than just pass a good bill this week; we are going to have to fundamentally change the way we do business around here.
That means instead of meetings with lobbyists, it is time to start meeting with the 45 million Americans who don't have any health care. Instead of finding cushy political jobs for unqualified buddies, it is time to start finding good-paying jobs for hard-working Americans trying to raise a family. Instead of hitting up the big firms on K Street, it is time to start visiting the workers on Main Street who wonder how they will send their kids to college or whether their pension is going to be around when they retire.
All these people have done, our constituents, to earn access and gain influence is to cast their ballot. But in this democracy, that is all anyone should have to do.
A century ago that young, reform-minded Governor of New York, who later became our 26th President, gave us words about our country that everyone in this town would do well to listen to today. Here is what Teddy Roosevelt said back then:
No republic can permanently endure when its politics are
corrupt and base . . . we can afford to differ on the
currency, the tariff, and foreign policy, but we cannot
afford to differ on the question of honesty. There is a soul
in the community, a soul in the Nation, just exactly as there
is a soul in the individual; and exactly as the individual
hopelessly mars himself if he lets his conscience be dulled
by the constant repetition of unworthy acts, so the Nation
will hopelessly blunt the popular conscience if it permits
its public men continually to do acts which the Nation in its
heart of hearts knows are acts which cast discredit upon our
whole public life.
I have come to know the Members of this body and know that the people who serve here are hard-working, thoughtful, and honorable men and women. But the fact is, the entire Congress has been marred and is under a cloud. Our consciences have been dulled by the activity of the few. We have to make certain we are sending a strong signal to the American public that we are no longer going to tolerate that kind of activity, that our conscience has been sharpened, and we are willing to take the steps necessary to restore credibility to this August body.
I hope this week we in the Senate will take the first step towards strengthening this Nation's soul and bringing credit back to our public life.
I suggest the absence of a quorum.
Mr. President, I rise today to speak in favor of greater funding for the Low-Income Home Energy Assistance Program, LIHEAP.
As I have traveled around Illinois this winter, I have heard from many low-income families and senior citizens about the burden of rising heating costs. These families are being forced to spend considerable portions of their incomes on gas bills, and many of them simply cannot afford it. Some families are having to keep their thermostats low just so they can buy groceries. It is essential that States have the funding they need through LIHEAP to help these families pay their heating bills during the cold months.
That is why, last year, I joined a number of my Senate colleagues in sending a letter to the chairman of the Senate Budget Committee requesting $3 billion in funding so that low-income families, disabled individuals, and senior citizens who live on fixed incomes have access to affordable energy when they need it most. We also asked that advance funding be allocated in the budget for LIHEAP. This would allow States to plan more economically in preparing for the winter heating season by purchasing fuels during the spring and summer months. Unfortunately, our request was denied.
Months later, during consideration of the Energy Policy Act of 2005, Congress reauthorized the LIHEAP program from fiscal year 2005 to 2007, providing for a yearly appropriation of $5.1 billion. However, in the fiscal year 2006 Departments of Labor, Health and Human Services Appropriations Act, Congress provided $2.2 billion for LIHEAP funding-- the same allotment
given to the program in fiscal year 2005. During Senate consideration of several bills in the final weeks of 2005, I voted for a number of amendments providing more funding for LIHEAP, but those amendments were defeated.
Funding for LIHEAP has remained level for the past 20 years, but energy prices are at an all-time high. According to the Department of Energy, DOE, natural gas prices in the Midwest were expected to rise between 69 percent and 77 percent during the winter heating season. The National Energy Assistance Directors Association estimates that for families using natural gas, heating bills would average well over $1,500 per consumer, an increase of over $600 per consumer as compared to the winter of 2004-2005. As a result, we have seen an unprecedented rise in requests for LIHEAP assistance across the country. In Illinois, requests in 2005 were up 41.4 percent from the year before. That is nearly a quarter of a million Americans asking for help in my State alone.
I think we often forget how much our working families need this program, and just how heavy the burden of heating one's home can be these days. In a thank-you note to the staff at Illinois LIHEAP, a woman in Lake County, IL, wrote:
Having you help me and my mother this year with our utility
bill was a godsend. It was over my head and I didn't know
what I was going to do . . . My mother is on oxygen 24-hours
a day, and we couldn't be without electricity, so you see it
was a matter of life and death also for me.
I commend Senator Snowe for her tenacity in pushing this legislation, and I commend Senator Jack Reed for his longstanding commitment to this issue.
I hope my colleagues will recognize the importance of this problem and support this measure, as well as greater LIHEAP funding in the future. With natural gas prices increasing so severely, more Americans than usual are expected to apply for LIHEAP assistance in paying their heating bills.
Show 8 more
Mr. President, I send a cloture motion to the desk. Mr. President, I ask unanimous consent the live quorum be waived and that this vote occur on Tuesday, March 7, following the period for morning…
Mr. President, I send a cloture motion to the desk.
Mr. President, I ask unanimous consent the live quorum be waived and that this vote occur on Tuesday, March 7, following the period for morning business and a 1-hour period of equally-divided debate on LIHEAP.
For schedule purposes, we now have up to three votes scheduled for Monday on three U.S. district judges, as well as the cloture vote on LIHEAP which will occur Tuesday morning, sometime prior to the policy meetings.
I expect that today will be a relatively short session. If Senators do wish to come to the floor to speak, they should do so as soon as possible this morning.
I yield the floor.
Mr. President, I suggest the absence of a quorum.
Mr. President, I ask the Democratic leader to stay on the floor just so we can discuss some of these issues. And I apologize for not being here. I was in my office, and so I don't know exactly what issues he talked about. But I am fascinated by the comments on stem cells and would love to talk further about stem cells in terms of both the power and the potential for stem cells to cure, something I have spent a lot of time with and know something about.
But if the implication was made that for some reason the issues surrounding life, surrounding cures, surrounding healing are any less important to this side than the other side of the aisle, I think it is disingenuous to say. I say to the Democratic leader, on stem cells--he knows I am a great advocate for the potential and promise for embryonic stem cells, the practical application; where I have run a transplant center, where tens of thousands of people have benefited from the procedures of adult stem cells, mainly bone marrow transplants--I hope he does not question my commitment to healing, to addressing that this year.
He knows it was the other side of the aisle that refused the unanimous consent request last year in July where we would take up four different stem cell bills. And, again, I was not on the floor, but I would ask the Democratic leader what point he was trying to make in terms of stem cells?
Mr. President, so we can make it clearly understood--and I apologize for not being on the floor--the Democratic leader understands and has agreed to the fact that we are going to address stem cells as early as we possibly can this year, that that is a commitment that was made after the unanimous consent request was not accepted from the other side to address it last July, that that commitment is there in working together to address this important issue.
Bipartisan, working together.
But things such as asbestos, you can't deny that there are patients with mesothelioma and clinical diseases today who are being hurt by the system and that that is not an important issue from a humanitarian standpoint, from a healing standpoint, for people who are suffering from disease right now, dying from lung cancer today who are not getting adequate compensation or appropriate compensation in a timely way. You don't mean to imply that we should not be addressing this asbestos crisis that is out there that also has a huge healing humanitarian component to it?
Then, on pensions, my staff said that you mentioned pensions, perhaps trying to stack the issues for downtown interests, the majority decided to play games. What are you even implying? We finished this bill on November 15 on this floor. We completed it. The House finished it a month later. We have been waiting to go to conference now for I guess 3 months. My distinguished colleague knows it is the majority that ultimately sets the ratios. The ratio has been crystal clear for weeks now, and now the argument seems to be shifting that there are outside interests dictating all this, when I have been crystal clear for weeks now on what those ratios will be. What is the implication, that there is somebody outside dictating what we are doing?
That is on stem cells.
I take that. But let's move on to pensions. This is getting old, and it is almost childish in terms of us not getting to conference. People are going to be hurt again.
Mr. President, just so people understand, the 7-to-5 ratio, which I have been clear on for weeks now, does allow for equal participation between those two committees, so the fairness is that 7- to-5 ratio.
This protections to the drug industry, no time for stem cells--first of all, the timing issue is because of this postponement. The fact that the PATRIOT Act finally passed yesterday, when it should have passed weeks ago, is a manifestation. This wasn't a problem with your whole caucus. It was a handful of people who felt strongly about it, and that is within their rights. But some way or another, we need to keep moving on all of these issues, whether it is stem cells, whether it is pensions, whether it is lobbying reform, whether it is coming in to address the debt limit. We are going have to move along and stop postponing, obstructing, and then saying we are running out of time. We can't address these important issues.
Asbestos is important. My distinguished colleague may diminish how important it is, but it is an important issue from a range. We are going to systematically go through and address them, but we need cooperation, working together. Let me ask the Senator, I wasn't here-- again, I apologize--but protections to the drug industry, something was said about that. What does that mean?
I understand. I plead to the other side of the aisle, if we could work together, the list--I am sure your list went on much longer on important issues. But unless we get some sort of working together without slowing things down and dragging out even asbestos, where we can't debate, we can only have debate, we can't amend; we have to work together to move forward.
On the drug industry, again, I am not sure exactly what it is, but right now avian flu, if you look at a map, over the last 6 months, where 10 million birds have died, 20 million, then 100 million, and then 200 million, it is moving our way. It has a 50-percent mortality rate today. If you get infected today--and probably a third of us would get infected because we have no natural immunologic response to that, unlike the regular flu--if it does continue to have a 50-percent mortality, we are in real trouble. We have no vaccines. The reason we have no vaccines today, in large part, is because the liability system has gotten out of whack. We had 26 manufacturing companies back in the 1960s. We have three today. They can't produce a vaccine. It would take them 13 months today. So the liability protections are only in the event there is an emergency, an emergency, a life-threatening emergency, in event there is a bioterrorist attack or in the event there is a pandemic. Today there are no protections given whatsoever. And also built in with those protections is a compensation program.
I came to the floor because, as this list goes on, if these are not at least elucidated, the American people are left with a one-sided view, and that is wrong. Again, I didn't come to the floor to go through the entire list, but notes started coming into my office about the list itself.
I will close with a plea to the other side of the aisle. It is an election year. It is a year where partisanship is going to come to the floor and where things are going to be obstructed or slowed down. But there has to be some things we can work together on. It might be stem cells. It may be health issues. It should be asbestos. Hopefully, it will be lobbying reform next week. Maybe that will be the first time this year we can show working together. Then we have border security. The Democratic leader and I were talking about that before. That is going to be a tough issue for us, border security and enforcement, with a lot of amendments on the floor. We have to work together, Democrat and Republican, right side of the aisle, left side of the aisle, to do the Nation's business, to govern with meaningful solutions; otherwise, we are going to be here all year doing nothing.
Again, the Democratic leader and I don't just talk on the floor, and we need to keep our conversations going, as we do our best to govern with meaningful solutions to the problems we face today.
Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with.
Mr. President, I come to the floor to speak to my colleagues about an issue that not a lot of people in this body think about every day--a very large policy issue we talked about over the course of the morning--an issue that shocks me personally but is shocking America, and it is the topic of child sexual predators.
Sometime during the late hours of February 23, 2005, Jessica Marie Lunsford disappeared from her grandparents' Citrus County, FL, home.
She was found dead 3 weeks later in a shallow, 4-foot-deep grave under the back porch of John Couey's mobile home--just where he told authorities she would be.
The little girl's body was sitting upright, her wrists bound with stereo wire, and plastic garbage bags wrapped her tiny, 9-year-old frame. In her arms was the stuffed purple dolphin that had gone missing with her during the night.
Authorities believe after kidnapping and sexually assaulting little Jessica, John Couey, a known sex offender, buried her alive.
This case--the Jessica Lunsford case--riveted and shocked the Nation. How could someone perpetuate such horrors and against an innocent child? How could the system have allowed a convicted sex offender to move freely and unmonitored, with no warning to the neighbors of the monster in their midst?
Every year, nearly 798,000 children are reported missing--over 58,000 of them are the victims of nonfamily abductions.
One in five girls and one in ten boys are sexually exploited before they reach adulthood. Less than 35 percent of those childhood sexual assaults are reported to authorities.
To make matters worse, the Internet is pushing the boundaries of sexual exploitation, providing child predators with a new, anonymous hunting ground. The Department of Justice reports that one in five children as young as 10 years old receives solicitations online. For parents and for communities, it is time for all of us to wake up.
A recent Dateline NBC series called ``To Catch A Predator,'' vividly demonstrated that many of these cyberstalkers are more eager to trap their young online victims into a real-world nightmare than at any time in the past.
Over the course of a 3-day sting operation in Riverside, CA, Dateline was able to nab 50 Internet child sex predators. The men were caught on hidden camera arriving at a home where they believed a young teen, aged 12 or 13, was waiting to meet them. The police were on hand to apprehend the would-be molesters.
There is no stereotyped child predator. The men came from all walks of life, including a high school teacher, a rabbi, and a law enforcement official. Some had long criminal records that involved previous sexual assault convictions.
The results were shocking, even to the experienced Dateline producers. Just like the Lunsford case, the audacity of these men should be a wake-up call to all of us that we must do more to protect our children from child sexual predators.
How many times have they gotten away with it in the past? How many more are out there cruising cyberspace as I speak right now? How can we protect children from falling into their clutches? There are ways, and this body, the Senate, will address those ways.
On Wednesday, I discussed these questions with John Walsh of FOX's ``America's Most Wanted,'' now a nationally renowned child advocate.
It was after the tragic kidnapping of his 6-year-old son Adam in 1981 that Mr. Walsh devoted his life to protecting America's children.
His organization--the National Center for Missing and Exploited Children--single-handedly raised the issue of child abduction to national prominence. And for that he should be congratulated. It has led to the recovery of countless children and defended the safety and well-being of countless families across America.
In that meeting on Wednesday, he told me in his 24 years of advocacy, he has not seen an issue more important and more pressing than creating a national sex offenders registry.
He pointed out that when a neighbor down the street has a mean dog, parents know and they warn their children to stay away--to stay away from that yard, to stay away from that house. So, too, parents should have the right to know that the neighbor down the street has a history of sexual violence so they can protect their children from harm.
Here in the Senate, we will act to fight child predators. I am committed to passing child predator legislation this year as part of a broader crime-fighting package. I look forward to working with Chairman Specter and the Judiciary Committee to develop this package and accomplish this goal.
We should consider provisions from the Children's Safety Act that I cosponsored with Senator Hatch and which Chairman Specter helped report out of the Judiciary Committee last year.
A number of ideas were included: Creating a national sex offenders database searchable by zip code; requiring States to notify one another of the whereabouts of registered offenders; developing a stricter tracking system to monitor repeat violent offenders; requiring DNA fingerprinting of child sexual predators and developing a DNA database to help solve these crimes; imposing enhanced criminal penalties for violent crimes against children under 12; and provisions that can reduce gang violence, strengthen court security, and prevent child pornography.
We should consider the ideas under development by the distinguished Judiciary Committee chairman in the House, Chairman Sensenbrenner.
When serial rapist Joseph Duncan was caught at a Denny's last summer in Coeur d'Alene with one of his child victims, the only words he uttered to police were, ``I had fun. Get me a lawyer.'' His sick and twisted sense of ``fun'' was allegedly kidnapping and sexually assaulting Shasta Groene, age 8, and her brother Dylan, age 9, eventually murdering the little boy but not before tying up and beating to death their older brother, their mother, and their mother's boyfriend.
Joseph Duncan was a repeat offender with a 30-year history of sexual assault. He committed his first crime at age 12, preying on a 5-year- old boy. By the time he was 16, Duncan estimates that he had raped 13 young boys, 6 of whom he tied up, others he raped at gunpoint. By 17, medical authorities deemed him a sexual psychopath.
After raping and torturing a 14-year-old boy, Duncan was sent to prison where he served 14 years before being released--only to attack more innocent
child victims. Shasta and Dylan's father said:
There's been so many times I've seen the news announce sex
offenders being released into the community. People need to
contact their Congressmen, their Senators, and even the
President. There's a lot more that can be done.
I would like to tell Mr. Groene that we are listening. We hear your plea and the pleas of so many other Americans who want to see these monsters dealt with.
We are going to act. We will act. We must protect America's children, families, and neighborhoods from these sick predators. Our children are depending on us to keep them safe from the evils that lurk in the shadows.
I suggest the absence of a quorum.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, the budget point of order is not a technical budget point of order. It was a technical point of order with regard to the asbestos bill. This bill would provide $1 billion more in 2006…
Mr. President, the budget point of order is not a technical budget point of order. It was a technical point of order with regard to the asbestos bill. This bill would provide $1 billion more in 2006 than the budget authorized. If we are going to spend $1 billion more than the budget authorized, how can that not be in violation of the budget?
There are two aspects: first, you say it is paid for in the future. That is irrelevant to whether the Budget Act is violated, even if it were paid for. Second, we have been around here long enough to know we are not going to cut LIHEAP next year by $1 billion. We know that.
As much as we would like to accommodate this spending--I can understand the desire of the Senators to do so--we should not do it because it violates the budget in a very fundamental way.
It clearly is an unfair allocation of funds compared to my State, which receives $17 million less if it were distributed according to the discretionary plan, as opposed to the fundamental formula.
I yield back my remaining time.
Mr. President, I rise in support of the proposal Senator Kyl has offered. I do believe it represents a step toward fairness. But I do reiterate that I believe the budget point of order should not have been waived, and that we actually spent, under this proposal that has been cleared so far, another billion dollars this year than we had within our budget. That is a bad thing. It is those kinds of steps that get us into real trouble in spending.
We have my colleagues who say they care about spending; oh, they care about spending. But time and time again, when a vote comes up that actually has something to do with our deficit, they are AWOL. I thought it was amusing that not long ago, a Senator referred to a vote he cast 15 years ago as if that is going to prove he is frugal. We have a vote right now. This was the vote. This was a clear vote. It had to do with whether we had any intention to be disciplined in the way we handle money. They say: Well, we need this money. But the truth is we have had the warmest January on record. This has been a very mild winter. For that, we can be most thankful.
Is this an emergency? Well, what happens next year if it really is an average or cold year and we don't have this billion dollars? It has already been spent this year. And they say the heating oil prices don't fall, they go up. They say the heating oil prices will go up again next year. Where are we going to come up with that billion dollars? We don't even have a proposal here to offset it.
With regard to the funding formula we have seen, if we can fund this billion dollars in the way that has been proposed, my State, which suffers from a lot of hot days--and in small houses and in mobile homes that are not cooled, people do die. That is a tough time. If we are going to have this fund, it is only fair that the poor people in my State have a chance to participate in it, not just a select group.
So I just return to the fundamental principle. We are indeed moving a piece of legislation that spends $1 billion more this year than we authorized in spending. The fact that it came from next year's money doesn't answer the question. We are spending a billion dollars more than we were authorized to spend under our budget. What good is a budget if we don't adhere to it?
What we have is some tax-and-spend people here. They vote against tax cut extensions, they vote to raise taxes, and they vote to raise spending. That is what it is about. They say they are frugal. They say they are responsible. Those of us who are trying to contain spending and maintain a low tax rate for the American people, they say somehow we don't care about our people. That is not correct.
We are at a point in time when our Federal budget is allowing for an increase in spending every year, and we will see again this year a very sizable increase. We will have before the Budget Committee an effort to contain just a little bit the growth of entitlements. Do you know what I am hearing, Mr. President? I am hearing we don't have the votes in the Budget Committee to even have a modest containment of spending on entitlement programs, which is where the growth is--about $870 billion for discretionary spending and $1.2 trillion for entitlements. The discretionary budget this year will come in almost flat this year, with little increase. But entitlement spending is going up at about a rate of 7 percent or so. It is just driving our deficits. We cannot even begin to discuss that, apparently, because people want to raise taxes and spend. They want to tax and spend. It is not the right way to go. That is not what this country was founded on.
When you look at the Europeans who have done tax and spend--look at Germany, with 11.5 percent unemployment, and France has 9.5 percent unemployment. That is what the statist Socialist economies produce. How did they get there? Because their congresses could not resist the demand to fund every feel-good program that comes along the pike. That is why. Then when you meet with a businessman from Germany, he says: I know we have to do something, Senator. Maybe we can cut back on this, but people are so dependent on these government programs, so used to them in Germany, that we cannot quite get the votes to stop it. We know if we don't do it, it can wreck our economy, but we cannot get the votes because people become addicted to it, they like it. They feel like anything they once received, if it is not received the next year, the demagogues say it is a big cut and you have been denied something you are entitled to.
So I just say that if I seem a bit frustrated, you can know that I am. We have had a lot of good discussion about how to contain the growth of entitlements--and I am not a bit sure that is going to bear fruit this year--just to maintain the current tax level and keep taxes from being increased next year. Now we come along on top of a generous LIHEAP program and add $1 billion more, in violation of the budget agreement. We just voted to waive the Budget Act and do it anyway with 66 votes. I am telling you, this is not the way to get spending under control in this country. It is the way to move our country to a statist economy. That is not our strength.
Our unemployment is not 11.5. Our unemployment is not 9.5. Ours is 4.7. In my State of Alabama, it is 3.5. We didn't get there by taxing and spending; we got there by reducing the burden of government on the private sector and allowing the private sector to flourish. Tax revenues are up in every city in the State, I do believe. I traveled 26 counties last week. Every mayor and county commissioner I talked to is seeing increases in sales tax revenues. Many are telling me they have a 14-, 15-, to 18-percent increase in taxes. Why? Because the economy is booming. Companies are hiring people. They are bidding up the wages. They cannot find people, and they have to pay higher wages. People are making more money, and they pay taxes on that. So revenue to the Federal Government is up. Yes, we have a deficit, but revenue is up.
People don't pay taxes to Uncle Sam if they don't make money. They are paying more taxes because they are making more money. We have a free market economy that allows growth and vitality. So I think this vote is an important vote for us as a people. It is a sad vote to me to see many people who claim to be frugal, claim to care about spending, but when the chips are down and we have a clearly dangerous bill like this one, a bill that we ought to be able to vote down overwhelmingly, we could not even get 40 votes to say no. We could not find 40 votes to say no to this plan. I don't blame Senators for trying to do this. They say that you in the South want help. Well, scrutinize the help we are asking for. If we are asking for something that is unfair, say so, vote against it. Don't come in here and vote for everything this one wants, everything that one wants, and everything that one wants, and then walk in here and say the deficit is too big and now we have to raise taxes. That is where we are headed. I think everybody here knows that. There are a lot on the other side of the aisle, and apparently some on this side, for whom that is a strategy. That is a strategy. The strategy is to increase spending and then say you cannot have lower
taxes and we have to have higher taxes and we have to raise taxes. They don't want to say it publicly and openly, but that is what they are working toward.
That is a big divide in the Congress, as I see it. I hate that we have a dispute over this spending, but apparently we have. It is discouraging to see the vote. But I think, as we continue to talk about it, perhaps the American people will talk to their Senators and Congressmen. When I travel around, they talk to me about spending. Of course, they want their projects. They say: Oh, don't cut that. But overall, they want constraint.
I believe the American people fundamentally will respect us if we maintain some discipline. That means, on the discretionary account, staying within our budget figure, which is basically flat spending. When we are in a crisis, we try to keep our spending level. We have a deficit. We ought to stay level. We are not slashing anything. We have to stop going for more and more red ink, more and more new spending programs that we have not had before to fund heating oil in the warmest winter on record.
We are going to keep talking about it. There will be more votes in this Congress and in this Senate. We did pretty well last year. We did do some reduction--modest reduction in entitlements with the Medicaid Program. We limited the growth of Medicaid, and we were proud of ourselves. Over 5 years, it was going up 41 percent before we passed the cost-saving bill, and now it is going up 40 percent. We thought we were quite proud of ourselves to save a little money that way. If we would do that on the other accounts, like Medicaid and Medicare and some other accounts--just a little bit--we would have big numbers as we go along and make a real difference in what we are doing. But it looks like that may not happen.
So we are going to have to, I guess, reengage the American people, reengage the Members of Congress, and they are going to be asked by constituents: How did you vote? How did you vote on LIHEAP? Did you vote to spend another $1 billion? Maybe we can begin to have the American people talk some sense into those of us in Congress.
I thank the Chair and yield the floor.
Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with. Mr. President, this is simply what I have called the energy price reduction amendment. Each year proponents…
Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.
Mr. President, this is simply what I have called the energy price reduction amendment. Each year proponents of LIHEAP funding complain that energy prices have increased and therefore more assistance is needed. Yet subsidizing high prices does nothing to lower prices. Increasing the funding for today's LIHEAP without acting to reduce the price of energy tomorrow is not an acceptable solution.
Home energy prices are excessively high because of two simple facts, two critical reasons: First, the demand for energy has increased along with the economic output. However, because natural gas is regarded as an environmentally preferable fuel, demand for natural gas has increased dramatically as more of it is used for electricity generation. We have gone through this with coal-fired plants. We have tried to have major advancements in clean coal technology, which we are doing right now. But right now, the one thing that is environmentally pure is natural gas and, for that reason, the demand is up. Second, with the rise in demand, the market should have responded with a corresponding increase in supply.
I have here a chart, and this is from the Energy Information Administration. Domestic production of natural gas has actually declined. Not many people understand this, that the supply has actually declined. So not only do we have an increase in demand, but the supply has reduced, as is pointed out in this chart. I want my colleagues to recognize that I am reporting clear facts. I am ignoring partisan rhetoric, relying on recognized, unbiased experts from the EIA, not from the New York Times, not from the industry representatives. The EIA's consumer guide, ``Residential Natural Gas Prices: What Consumers Should Know,'' states that:
One of the most significant factors why prices are so high
is due to weak production, noting that production decreased
by only .6 percent in 2004, declining below the 2002 level
and reaching the lowest production levels since 1999.
The fact is that demand has increased and production levels have not. As a result, our constituents--the very same residents desperate for LIHEAP assistance--are facing artificially high natural gas prices.
This chart is from the EIA. It illustrates how much residents of each of our States are paying for natural gas. Now I would encourage my colleagues to look and see what it is, and look at one of the higher elevations. It is from $16 in those regions there, all the way down to--I can't read it from here, but you can see it. It is such a disparity as you go around the Nation, and I think people need to know what their constituents are being forced to pay.
EIA data has shown that production of natural gas has decreased dramatically. The National Petroleum Council, which is a nonpartisan entity charged by the Secretary of Energy, concluded that significant gas resources were effectively off limits for various reasons.
The American Gas Association, a strong supporter of increased LIHEAP funding, came to the same conclusion. Both entities called for a better, more efficient process for producing natural gas.
My amendment provides a more certain process for energy-related decisionmaking on public lands. It requires the Secretary to act on an energy-related application within 120 days. If the application is not approved, then the Secretary must inform the applicant as to the reasons and allow the applicant to modify its application.
What is happening here is that these applications to produce on these lands, public lands, sit there and there is never any decision. Certainly it should be shorter than 120 days, but that should be adequate.
Further, it clarifies existing practice and requires that a reviewing court accord a rebuttable presumption to the Secretary's determination that an energy project as mitigated does not have a significant environmental impact. The recently enacted Energy bill included significant energy efficiency improvements. In fact, it included so many that EIA modified its energy projections in some ways to incorporate the new law.
My amendment would improve natural gas efficiency through the EPA's Natural Gas Star Program. This is a good program. It works, and it is being voluntarily complied with. Under my language, the EPA would be authorized to provide grants to identify and use methane reduction technologies, and the Administrator would be required to conduct a series of methane emission reduction workshops in oil and gas-producing States. The less gas that is leaked means more gas is available to consumers. It is a no-brainer.
The lack of sufficient domestic refining capacity has received significant media attention. The public understands that tight capacity translates to higher prices of motor fuels.
Yet some LIHEAP proponents might not realize that home heating oil, which the Northeast desperately needs, as you can see on this chart, is a middle distillate along with diesel fuel. Therefore, according to the Congressional Research Service:
Because the residential and transportation sectors are in
potential competition for the same part of the barrel, any
unusual circumstances affecting the price and supply of one
of these fuels affects the supply and price of the other.
Increasing refining capacity not only lowers the price of motor fuels but reduces the price of home heating oil as well.
Although States have a significant role in permitting existing or new refineries, they face particular technical and financial constraints when faced with these extremely complex facilities. It wasn't long ago that I authored the Gas Price Act, and it was one that never even made it out of my committee. Yet it would have dramatically reduced the cost of refining. Right now we are at 100-percent refining capacity in America. Yet nothing is being done about it. Quite frankly, those individuals who are feeling the heat the most, who are not getting the heat the most in the Northeast are the ones who objected to the Gas Price Act.
This amendment does not have the same provisions as the Gas Price Act; it merely establishes a Governor opt-in program that requires the EPA Administrator to coordinate and concurrently review all permits with the relevant State agencies. This program does not waive or weaken the standards under any environmental law that seeks to assist States and consumers by providing greater certainty in the permitting process.
In fact, the Environmental Council of the States--an organization representing the State environmental directors--stated in a letter of support for similar language that the language:
Does not weaken the standards and allows each State to
choose its best course.
This improved process does more than just increase the process for production of heating oil; it also redefines one's idea of a refinery. My amendment provides Federal assistance to States for the permitting of ethanol plants or bio refineries, as well as facilities to produce ultraclean diesel or jet fuel from coal.
Assisting the expansion of bio refineries and coal-to-liquids facilities provides even more slack in the system that will lead to lower home heating oil prices in the future.
In its consumer guide, EIA points out that prices could even increase if there were disruptions to liquefied natural gas pipeline delivery systems, two very real points, especially to my friends in the Northeast. Keep in mind that if you divide the country up into sectors, the Northeast uses 31 percent--31 percent of the people residing in the Northeast use home heating oils, that in contrast with the Midwest, 3.2 percent; the South, 2.1 percent; and the West, 0.7 percent. That is a huge disparity. They are the ones who are opposing the various things that we can do to refine the home heating oils as well as diesel fuel.
Something has to be done. You can't say we want to have cheaper energy, we want to have a LIHEAP program to make it more affordable for people in the Northeast, and yet the legislators in the Northeast oppose consistently any major changes in our refining capacity. As I said, we are already 100-percent refining capacity now, and that was before Katrina, I might add.
On the subject of liquefied LNG, I was astonished to learn that two members of the Massachusetts House delegation inserted a provision in the transportation bill in the dark of the night--I know this, I was the author of that bill--it happened in the middle of the night before it was taken up the next morning, to the detriment of the Northeast region. They slipped in a provision that blocks the construction of an already approved LNG terminal by maintaining an old bridge scheduled for demolition because it has been classified as a navigational hazard. This short-sighted stunt by a few Members means that the Northeast region will be deprived of supply that would reduce wholesale natural gas prices by up to 20 percent--up to 20 percent. It was an LNG already accepted terminal in Massachusetts.
My amendment repeals that offensive provision so harmful to the entire Northeast. Bipartisan Members of this body, from the senior Senator from Maine to the senior Senator from New York, interested stakeholders from the AARP to the National Conference of Black Mayors, have all expressed their concern over how high energy prices are hurting their constituents.
Members, voting for this amendment means you are voting to lower those prices. A vote for this amendment means you are voting to help the LIHEAP beneficiaries. This is something that makes so much common sense and something that is hard to understand here in Washington, DC. We
have to do something about increasing the supply of natural gas as well as home heating oils through the refining capacity as well as doing something to affect the supply.
Mr. President, I yield the floor, and I suggest the absence of a quorum.
Mr. President, I am offering an amendment that essentially preserves the emergency funding that has been consistently part of the low-income fuel assistance program. I am offering my amendment as a…
Mr. President, I am offering an amendment that essentially preserves the emergency funding that has been consistently part of the low-income fuel assistance program. I am offering my amendment as a second degree to the Kyl amendment that removes the emergency funding that has been part of this program for the last 5 years. So it would be a marked departure from historical practice and, unfortunately, a 100- percent appropriation through a formula for low-income fuel assistance would not allow the President to respond to any situation that is clearly an emergency.
Last fall, the President had the discretion, because we had an emergency funding under the legislation, under low-income fuel assistance, that, in fact, was supported by the Senate and the House and the President, and it became law a month ago that basically embraced the approach that we have here today pending before the Senate.
The Senator from Arizona and the Senator from Nevada are suggesting that somehow we no longer need any emergency funding, that we will distribute all of those funds through a specific formula. But we cannot predict where or when that emergency will occur, denying the President the ability to respond to an emergency. Last fall the President had the discretion, because he had this emergency funding, to provide $14 million to Louisiana, Mississippi, Alabama, and to Florida as a result of the hurricane damage. The President had that capability. That will be removed by the underlying amendment. It simply does not make any sense to say that we should have a formula in the distribution of emergency funding when we don't know where the emergency is going to occur and when. We cannot predict that. That is why the President has it in a contingency fund so in the event that there are such emergencies, we can release that funding. That is what it has always been about.
This is a historical departure from previous precedent, policy, and practice; in fact, a practice and policy that was embraced and endorsed by the Senate and by the House of Representatives and the President a month ago that became law in the Deficit Reduction Act.
I am surprised we are here today to suggest that somehow we should now no longer have emergency funding, no longer have any contingency funding. In fact, the Senator from Nevada says that there is no remaining funding for warm States. I should mention to the Senator from Nevada that the President has set aside $101 million in fiscal year 2006 emergency funds. This money has not been released. In fact, it is at the disposal of the administration to release in the event that there are potential emergencies this summer, so that there is money. And certainly we can address the concerns of the Senator from Nevada if he feels it is not sufficient.
I, for one, felt we should increase the funding for the low-income fuel assistance program because the real value of this program has eroded over the last two decades. It essentially has the same value as it did in 1983. In 1983, it provided 50 percent of the cost of energy for a family. Today it provides 19 percent. That is not accommodating all the demands, all the people who are on
the list in various States across this country. Thirty-four Governors wrote a letter to the leadership of both the House and Senate saying how they have run out of funds. Even in addition to the significant State contributions for this purpose, they have run out of money. And rightfully so, understanding the cost of energy today. Now some have suggested--and they have suggested it from their positions in Arizona, in Nevada, in Alabama--that it has been a mild winter. But come to Maine and tell us about it being a mild winter. Then add to that the 30- to 50-percent increase in the cost of home heating oil and natural gas, in addition to the increases this last year.
The amendment I am offering today preserves the emergency funding. It provides for the formula funding as supported by the Senator from Nevada which I supported. It has two tiers of funding. One allows for emergencies and the other allows for emergency distributions. I regret that last week there was a chart distributed that misrepresented the distribution of funds. That was for that snapshot in time when there were emergencies so those States benefited from the release of funding because they had emergencies. But if you looked at it the next month, you would have discovered that there would have been a different distribution because we don't know when or where, nor can we possibly predict where, the emergencies will occur.
So the White House supports this approach, supports the emergency funding. It supports the 50-50 distribution in my amendment that I am offering as a second degree to the Kyl amendment which essentially does away with the emergency funding and provides 100 percent through a formula. So any State that requires support from the emergency funds under this program would be denied if such an emergency should arise. I believe my second degree is a positive step in providing additional assistance for those in need of energy assistance this year.
The Secretary of Health and Human Services supports this amendment to advance the funding, the 2007 funds to 2006, in order to provide for this billion dollar increase. We are just advancing the funding. This is budget neutral because there is no net increase in Federal spending. It is important to understand the facts. There is no net increase in Federal funding. We are advancing the billion dollars. We have compromised. We asked for $2 billion, which is what I thought we agreed to before we adjourned for the Christmas recess on December 23, that we would have a 50-50 percent allocation, 50 percent to emergency, 50 percent to formula.
Here we are today, now having to say: You know, we can't afford the billion dollars because it increases spending, which it does not, and now we decide that we don't need emergency funding for this purpose, and we will allocate all the funding through a formula so that the States that depend upon this money in the event there is an emergency will not be able to have it.
I hope the Senate will support my amendment to the Kyl amendment. My amendment is fair. It is equitable. It is reasonable. This legislation should not be divisive. This isn't regional legislation. It is for all of the country. It is to benefit any region of the country. It is designed to ensure that regardless of where you live in America, if for some reason you have an emergency that affects your ability to have access to natural gas, to propane, to home heating oil, to the need for air-conditioning, for electricity, that this emergency funding will help to mitigate the impact of those disasters. That is what this is all about.
I should add, it is very specific in the mandate in law in terms of how the contingency funds are used and where do these go. I should quote from the law and what it means. It says: To meet the additional home energy assistance needs of one or more States arising from a natural disaster or other emergency. That is why it simply makes no sense to distribute emergency funds through a formula because how do you know who is going to have an emergency? Why would you be distributing money to States that don't have an emergency for that distribution?
That wasn't the attempt of this program. I would hope that we could come to an agreement on this question. At the very least, I would hope that the Senate would endorse my approach, which is a second-degree amendment that preserves the emergency funding and provides for a 50-50 allocation between emergency and formulas. I think that is patently fair to all of the States, all of the regions in this country.
I yield the floor.
I am glad to answer the Senator's question. Obviously, I cannot forecast the future in terms of the extent of the needs that are required by any State. But I remain unchallenged when it comes to my fiscal credentials in the Senate. I have been more than happy to work with the Senator in terms of meeting our fiscal responsibilities on this issue and on any other question that benefits every State in America. From that standpoint, I would be more than happy to work with the Senator.
Mr. President, do I have any time remaining?
That is enough to respond.
The Senator from Nevada is incorrect with respect to my amendment and the way in which States it would benefit. Twenty-nine States would gain under my amendment. Unfortunately, the information the Senator is providing is inaccurate, as was the chart distributed last week that fundamentally misrepresented not only how this funding was distributed, but the fact is it was done on the basis of an emergency. If all 50 States had the benefit of the emergency funding, it is because emergencies existed in those States. That is the point. It is at the discretion of the President to distribute and release that funding in order to enable the President to respond immediately to any natural disasters or emergencies. That is what it is all about.
Under a formula for funding, States would receive it irrespective of whether an emergency occurred in their States. So 29 States would gain under my amendment. It is unfortunate that we are where we are, talking about this in that fashion, because the Senator released a chart last week that suggested this is the historical pattern. If it is the historical pattern, it is because there were emergencies. It wasn't distributed just for the sake of distributing it that way. It was done because there were emergencies in those particular States.
Mr. President, I ask unanimous consent to speak as if in morning business for up to 15 minutes. Mr. President, I rise today to again address the very important issue of lobby reform and to applaud…
Mr. President, I ask unanimous consent to speak as if in morning business for up to 15 minutes.
Mr. President, I rise today to again address the very important issue of lobby reform and to applaud the efforts of many, particularly the bipartisan working group on which I was proud to serve--coming together and working hard to produce good lobby reform packages that will very soon be on the floor of the Senate.
As I have said since the beginning of this discussion spanning several weeks, in so many ways there is no more important threshold issue to the functioning of our democracy and the health of this institution of Congress than these important reform issues. Clearly, they go to the heart and soul of our integrity and our own credibility.
How can we address any other major national issue, whether it is health care, prescription drugs, foreign policy, or defense unless we have that core, central principle of integrity and credibility with the people?
Unfortunately, we have lost that credibility to some significant extent over the past years because of some horrible situations and scandals that have developed.
It is very appropriate and very necessary that we act as an institution to address these abuses and potential abuses which we need to stop from happening in the future.
As I said, I was very proud to serve on an informal working group-- Republicans and Democrats coming together with this common purpose to address these central questions, to bring real meaningful, strong reform to our institutions, to develop consensus, not to play political partisan games but to develop real consensus and pass important legislation that could have major support on both sides of the aisle.
I very much enjoyed that work with leaders on this issue--Senators Collins, Lott, McCain, Santorum, Kyl, and Isakson--of course, all those Republicans--joined by Senators Lieberman, Obama, Dodd, and Feingold, Democrats, as well as myself, a Republican, coming together to address this very crucial issue.
We are about to put this legislation on the floor of the Senate, hopefully, very soon, later today. I encourage all of my colleagues-- Republicans and Democrats alike--to again come together for an important debate, to make a proposal about how to improve this legislation but to support the underlying bills which include major systemic reform. That is what I am going to do. That is why I joined this working group from the very beginning. That is why I participated in the discussions and debate which led to the bills coming to the floor.
In addition to that, I am going to do what I mentioned a little while ago, participate in the debate on the floor and make some proposals to strengthen the bill, to make it even better before we report it out from the Senate.
In doing that, I am going to make three specific proposals in areas which I think we need to address that are not in the underlying bill. I again want to outline those three proposals very briefly.
The first has to do with an unfortunate scenario which has happened in the past of spouses and children of Members of Congress, House Members, Senators, getting a paycheck off that Member's reelection campaign. This has happened in the past. It is not some theoretical issue. In fact, family members have made substantial sums in the past in some instances off the campaign of the family member who is also a Member of Congress.
I talk to folks back home in Louisiana all the time. When these circumstances made the newspaper a few months ago, I can tell you what the universal reaction was. The universal reaction was this is abuse. There was no discussion about what these family members were doing, weren't doing, what hours they were lobbying, weren't lobbying. The universal reaction was this was a way for the Member of Congress to basically increase his family income through the political process and is an abuse.
I think the solution is really simple. I will have an amendment that proposes that solution. It is simply this: Ban it; to say a Member of Congress, the House, or the Senate can't have a spouse, can't have a dependent child on the campaign payroll. That is the simplest way to address it. That is the most direct way to address it. That will put the whole issue to rest for once and forever.
Certainly, the huge majority of Members should embrace this idea because it would never cross our minds, quite frankly, a huge majority of Members, to do this. Let us put this potential abuse and real abuse in the past to rest forever.
I encourage all of my colleagues, Republicans and Democrats, to support this floor amendment.
The second floor amendment addresses another very important area of campaign finance that has also been in the news; that is, with regard to Indian tribes.
Again, this is not some theoretical discussion. This is not dreaming up a problem. This has been at the heart of the recent scandals and controversies which bring us to where we are today.
In my opinion, a central problem is the fact that in current law Indian tribes, with regard to campaign contributions to Federal candidates, are treated in a whole different way than similar entities such as corporations, such as labor unions.
With regard to corporations and labor unions, there are very clear and very strict laws that apply in terms of how those entities can raise PAC money, campaign funds that they can turn into political contributions and the overall limit that applies to a single corporation--a single labor union with regard to political contributions that election season. Those rules don't apply to Indian tribes.
When it comes to Indian tribes, those rules I just referenced are out the window and basically no rules apply. There is no governance of how tribes collect and raise funds to give to political candidates. In fact, with so many having very lucrative casinos now, what they do is real simple. They write a check out of the casino operation and fund the entire political operation from which they give campaign contributions. Corporations can't do that--absolutely not. Labor unions can't even do that. I think the rules should be the same for Indian tribes.
Likewise, the limits on campaign contributions should be the same as well. There should be an aggregate, an overall limit for what a specific tribe can give to Federal candidates just as there is for corporations through their PACS, just as there is for labor unions through their PACs.
Again, I will offer a floor amendment that is pretty darned simple and pretty easy to understand. It will basically
say those same rules that apply with regard to the sources of funds and disclosure and aggregate limits that apply to corporations and labor unions, those exact same rules will apply in exactly the same way to Indian tribes.
Third and finally, I will propose on the floor another amendment which relates to Members' families and the ability in some circumstances of a Member to increase his family income through involvement in lobby shops by a spouse.
I think it is very important in this instance to distinguish between what I consider two pretty different cases. The one case is where a spouse was a registered lobbyist, a professional with expertise and professional background well before the Member was ever elected to office, or well before the marriage between the Member and the spouse ever occurred. In my mind, that is a very different situation than when a spouse gets into the lobbying business after the Member is elected or after the marriage occurs with a Member already being elected.
In the first case, that spouse was a professional with background and expertise in this area well before the marriage happened or the Member was elected. In the second case, the cart came way before the horse. It is that second case I am concerned about, and it is that second case on which I believe we should pass a blanket ban that such a person shouldn't get into the lobbying business even after the Member was elected.
Again, I think people back home view that sort of case pretty darned simply. It is a way for direct family members to get involved in lobby shops, and through that route directly supplementing that Member's family income.
That absolutely tears at the integrity, at the credibility of our institutions, and I believe we must act to restore that credibility and integrity.
Again, this is not some theoretical discussion. I wish it were. This is not some problem made up out of the blue. This is a practice that has happened before, that has been in the headlines, that has been in the news. So let us address it directly, boldly, and be done with it.
In closing, I thank all of the leaders who came together in the important working group on lobby reform that I mentioned, particularly Senators Collins, Lott, McCain, Santorum, Kyl, and Isakson, and Senators Lieberman, Obama, Dodd, and Feingold. I worked closely with them. I believe the product we will bring to the Senate very soon, under the leadership of the two committee chairs, Senators Collins and Lott, is a strong, meaningful, worthwhile product.
I hope we all come to this important debate with additional ideas. I hope we add to the bill and improve it, including through the three floor amendments I just outlined, and then report an even stronger and even better bill out of the Senate to address this crucial issue.
I suggest the absence of a quorum.
Mr. President, pursuant to section 904(c) of the Congressional Budget Act of 1974, I move to waive the applicable points of order. I move to waive the point of order under the applicable provisions…
Mr. President, pursuant to section 904(c) of the Congressional Budget Act of 1974, I move to waive the applicable points of order. I move to waive the point of order under the applicable provisions of the rules and statutes.
Mr. President, I rise today to ask the Senate to do the right thing and to oppose this budget point of order brought up against this legislation that will provide emergency funding for the Low Income Home Energy Assistance Program.
I thank the majority leader for his assistance in advancing this legislation. It is the culmination of his considerable efforts over the last few months to bring forward this legislation. I thank the minority leader as well for recognizing the importance and vitality of this issue, and promoting this amendment forward as well.
Mr. President, I know you are sitting in the chair, but you have been one of the leaders on this issue, trying to get additional commitment for funding for low-income fuel assistance, particularly for this winter, along with my colleague, Senator Collins of Maine. This legislation addresses a nationwide crisis by bipartisan consensus and fiscal responsibility. This legislation shifts the fiscal year for LIHEAP funding into the Deficit Reduction Act of 2005, which was already signed into law, from 2007 to 2006. This will provide an additional $1 billion for all those Americans who simply cannot wait any longer for relief from home heating fuel costs that have skyrocketed over last year's heating bill.
The vote we will be taking this afternoon is on the budget point of order against this bill. I would like to elaborate on why this legislation is absolutely vital to increasing the funding for low- income fuel assistance for all parts of the country that depend upon this program.
There has been a lot of misinformation with respect to exactly what this bill is all about. First of all, it is budget neutral. Don't take my word for it; it is the conclusion of the Congressional Budget Office. All of the funds under this bill have already been appropriated and accounted for within the budget. All this measure will do is shift the funds from fiscal year 2007 to 2006. There is no additional, there is no new spending.
This approach is not only fiscally sound and budget neutral, but, critically, it will allow States the flexibility to allocate funds to the residents who are struggling to pay for energy bills this year. The White House and our Senate leadership recognize this is the fiscally responsible solution to resolve this crisis.
I know some have said essentially we believe the LIHEAP program should be funded through contingency measures such as this legislation. That is what this legislation does, it utilizes the existing formula. It is not only cold weather States but also warm weather States that will benefit under this legislation.
I regret some of the misinformation that has been circulated with respect to LIHEAP as to who will benefit, which States will benefit under this legislation. I submit that in a year of high energy costs-- and it has been a year of high energy costs, anywhere from 30 percent to 50 percent--it has devastated our State of Maine, Minnesota, and all parts of the country that have had to rely on home heating oil or natural gas or whatever the alternative. But the fact remains, the prices have increased 30 percent to 50 percent over last year's, and last year's prices went up 20 percent to 30 percent. That factor is not in dispute.
The additional factor is that we are using the same distribution formula. I believe that needs to be understood because I have seen some of the papers distributed as to which States will benefit. It is totally inaccurate. Nothing has changed with respect to that formula.
On the issues that are important to know about this increase in LIHEAP funding, No. 1, it is budget neutral; No. 2, it will not increase spending; and No. 3, the distribution formula remains the same. I regret that we have seen so much misinformation and mischaracterization with respect to the funding formula under this legislation.
Finally, we have heard: Well, it is a mild winter. I would like you to come to Maine, if you think it is a mild winter, and you ask all those people about the 30 percent to 50 percent increases. The current low-income fuel assistance program has not had an increase in real dollar terms since 1983. I happened to be in the House of Representatives when we created this program. It has not increased in real terms. If anything, it has been reduced. I regret that we have reached this point in time with respect to this vital program that so many low-income individuals depend upon who can barely make ends meet given the extent of the costs this winter with respect to home heating oil.
We are now talking about a program that has not increased in net terms
since 1983, when oil was $29 a barrel. Today it is more than $60 a barrel. Eighty-four percent of the people qualified for LIHEAP funds-- and 80 percent of my State--are dependent upon home heating oil. It is a crushing financial burden.
Let there be no mistake about the fact that this program is vital. It is significant. It is essential to so many of the families in my State and across the country. The urgency of this legislation has escalated to an emergency. Last year, Americans struggled because of the high cost of energy. This year, they continue to struggle. We know the personal terms in which people have been devastated by the increased costs of energy.
I hope the Senate would waive the budget point of order because this amendment, this legislation, is budget neutral, and it does depend upon the existing distribution formula. Both cold weather States and warm weather States stand to benefit. There has also been a mischaracterization and misinterpretation about the distribution of this funding under this legislation. In fact, it was the agreement that we reached before Christmas. That was essentially the agreement we reached before Christmas. The very distribution formula we agreed to, the one which has been the status quo, the one which we agreed to with those who represent warm weather States, is exactly what this legislation before us is all about. Nothing has changed. I deeply regret to see what has been distributed and circulated that would suggest otherwise because it simply is not true.
Mr. President, I reserve the remainder of my time.
Mr. President, I would like to reclaim my time because I don't think we ought to debate the question here today. I don't think there is any question about that.
But in the meantime, we have to address an emergency, and that emergency exists in my State and many other States across the country, including the Senator's State. I think it is a matter of fairness and it is a matter of equity and it is a matter of balance.
I think indisputable about why we need this legislation and why we need this funding now. I hope Members of the Senate will recognize that. This is fairly distributed for warm and cold weather States. I hope we can increase the supply. But right now we have to deal with the emergency that is presented in my State and many other States across the country.
I reserve the remainder of my time.
Mr. President, how much time remains on both sides?
I yield to my colleague, Senator Collins, 2 minutes.
Madam President, how much time remains?
Madam President, I ask unanimous consent to have an additional 10 minutes on each side so we can make sure that everyone who wants to speak has a chance to speak on this issue.
Madam President, I yield 2 minutes to the Senator from Minnesota.
Mr. President, I yield 1 minute to the Senator from Rhode Island.
Mr. President, I yield 1 minute to the Senator from Connecticut.
Just to make a few final points because, again, there has been a lot of misunderstanding, mischaracterizations, misinterpretations of the facts. The facts are, this program has not grown. That is indisputable.
Look at this chart and see where we are. The level of funding for LIHEAP is equivalent to 1983 buying power, when oil per barrel costs were at $29. Today it is more than $60. The buying power for any household that depends on low-income fuel assistance has decreased from 50 percent in 2001 down to 19.5 percent. Look at the cost of home heating oil. That is where we are today.
I go unchallenged when it comes to matching fiscal responsibility. There are a number of issues I have offered in the Senate to accomplish that. That has not occurred. I agree we have to do much more. But the fact is, this $1 billion was included in the Deficit Reduction Act that most Members voted for in this Senate last year that included this funding and included this formula. Those are the facts. The $1 billion and the formula were already included in the Deficit Reduction Act. This is not increasing spending. It is budget neutral. It is the same funding formula that everyone agreed to that would help both cold weather and warm weather States. That is indisputable.
I hope at least we could debate the true and accurate facts. That is what this is all about.
This is a national issue. It is not a regional issue, it is a national issue. It is a national crisis. I hope the Senate will vote to waive the budget point of order so we can provide the $1 billion that was allocated in 2007 and advance it to 2006.
Madam Speaker, I yield myself such time as I may consume. I would like to thank my colleague from Texas for calling up S. 2320, and I agree with what he said. I this it is interesting, though, the…
Madam Speaker, I yield myself such time as I may consume.
I would like to thank my colleague from Texas for calling up S. 2320, and I agree with what he said. I this it is interesting, though, the parliamentary procedure that the chairman of our Energy and Commerce Committee talked about, because I would assume that if this bill passes with the two-thirds requisite votes tomorrow and goes to the President, that the section in the supplemental bill would be stripped out in the conference committee, because that bill still goes to the Senate into a conference committee. So I guess parliamentarily that would be the solution in our situation.
Madam Speaker and Members, low-income Americans have been struggling to pay for heating bills during the winter; and, thankfully, this winter has not been as cold as expected and heating bills have not increased as greatly as feared. However, natural gas prices that drive electric prices have quadrupled over the past several years. The States' public utilities commissions, PUCs, are passing those costs on to our constituents.
Low-income Americans also struggle to pay cooling bills. When the 90 and 100 degrees heat rolls around this year, the situation is going to become very critical very quickly.
Air conditioners run on electricity, and a lot of electricity comes from natural gas. The need for relief is going to be intense throughout 2006, the end of this winter, this summer, and the start of next winter due to the incredible energy prices our country is experiencing.
The LIHEAP program has been controversial because the formula can pit different regions of the country against each other. For the first $2 billion appropriated under this program, Northern States do very well, and relatively little funding goes to the South. Above this $2 billion trigger, however, the formula becomes much fairer, for Congress has never crossed this trigger by any large amount, that is until tonight.
The Senate compromise legislation provides an extra $500 million to the LIHEAP formula over and above the $2 billion Congress has already provided. This is incredibly important for regional equity.
This legislation has provided $500 million in contingency funding which can be used for emergencies such as blizzards, heat waves, hurricanes; and this funding is required to be allocated in 2006.
Today marks the first day we have a real chance to cross that $2 billion trigger and provide a measure of equity for the warm States. Importantly, today also marks the best chance to increase LIHEAP for 2006 for cold States as well by providing 2006 contingency funding.
If we pass this legislation today, the LIHEAP allocations for 2006 will become much more equitable between regions. It is important we pass this legislation today. It will directly go to the President's desk and provide immediate extra assistance for the Northern and the Southern States this year.
The administration supports this bill, and I would like to introduce this letter from Secretary Leavitt into the Record.
The Secretary of Health
and Human Services,
Washington DC, March 8, 2006.
Hon. Olympia J. Snowe,
U.S. Senate, Washington, DC.
Dear Senator Snowe: I am pleased to respond to your request
for my view on your LlHEAP amendment (which is attached).
This is a positive step to provide additional aid for those
in need of energy assistance this year. HHS supports Senator
Snowe's amendment to utilize '07 funds this year to help
those affected by increased home energy costs. HHS supports
providing at least $500 million of the total as contingency
funds.
Sincerely,
Michael O. Leavitt.
Madam Speaker, CBO certified this bill with no budgetary effect, and I want to introduce their letter into the Record.
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 6, 2006.
Hon. Olympia J. Snowe,
U.S. Senate,
Washington, DC.
Dear Senator: As requested by your staff, the Congressional
Budget Office has prepared the enclosed cost estimate for S.
2320, a bill to make available funds included in the Deficit
Reduction Act of 2005 for the Low-Income Home Energy
Assistance Program for fiscal year 2006, and for other
purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Kapuscinski.
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
S. 2320--A bill to make available funds included in the
Deficit Reduction Act of 2005 for the Low-Income Home
Energy Assistance Program for fiscal year 2006, and for
other purposes
Summary: S. 2273 would amend section 9001 of the Deficit
Reduction Act of 2005 by making the $1.0 billion appropriated
for the Low-Income Home Energy Assistance Program (LIHEAP)
available in 2006 rather than 2007. The bill would increase
direct spending in 2006 by $750 million, but have no net
budgetary effect over the 2006-2009 period as a whole.
S. 2273 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act
(UMRA) and would benefit state and tribal governments by
making federal funds available a year early.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2273 is shown in the following table.
The costs of this legislation fall within budget function 600
(income security).
Basis of Estimate: Under current law, CBO expects that the
entire $1.0 billion in LIHEAP funding appropriated for 2007
would be obligated in 2007 and spent over a three-year
period, resulting in outlays of $750 million in 2007, $230
million in 2008, and $20 million in 2009. Enacting S. 2320
would accelerate the spending of these same amounts to the
2006-2008 period.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I want to thank our colleague and chair of our appropriations subcommittee. I understand where he is coming from. But I also know, Madam Speaker, that we have not passed a budget for 2007 and that is still to be considered.
I understand that the concern about moving money into this year. But it is also going to be very difficult for me to talk to the 40,000 plus Texas families if we do not pass this bill. By the way, this summer, I am sorry it did not fit within our legislative rules, and it is causing more problems, and we are not going to give you any heat assistance when it gets to be 100 degrees in Texas and across the South, and, frankly, even the Northern States, Illinois, Maryland and other places, New York has problems with heat in the summer.
So I would hope that next year or later this year we will probably see another supplemental. If we see a year like we have seen now for both the cold assistance for the Northern States and what we see in the South that we need help, then I would hope in the future that we would see a supplemental that would restore that money. I would be glad to support that at that time.
Madam Speaker, I also understand Chairman Regula and the Appropriations Committee, a lot of us want them
to be able to have the funding for medical research and education. Those programs are near and dear to our heart. I hope we will still be able to do that.
But I also know there are some other ways that we can deal with that since we have not adopted a budget and we will probably have another supplemental, because they get pretty regular around here. I hope that we can add to it without having to rob Peter to pay Paul.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, how much time do I have remaining?
Madam Speaker, I yield myself such time as I may consume.
Following the chairman of our full committee and, again, I understand the Chair of our appropriations subcommittee's concern, but this bill has a great deal of bipartisan support.
We heard from our colleague from New Hampshire, who is experiencing high utility bills and has already run out of their funding for their poor in New Hampshire. But a lot of us are looking forward to what may be happening not only this winter, but also this summer. So I am proud to have Congressman Pickering of Mississippi and Congressman LaTourette, who is also supporting this legislation.
When we vote on this tomorrow, we will see a lot of Members from across the aisle who are supporting this legislation; and again, like my chairman of our full committee and also the ranking member of the committee, John Dingell is supporting this legislation. We need to do something now to help and we will work whatever we can to help with the allocation from the Appropriations Subcommittee on Health and Human Services or, again, another supplemental next year or later this year that will be able to deal with it.
Madam Speaker, I urge my colleagues to vote aye.
Madam Speaker, I yield back the balance of my time.
I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, let me say a few words about this before Senator Ensign comes to the floor. The first vote we will have shortly…
I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, let me say a few words about this before Senator Ensign comes to the floor. The first vote we will have shortly will be the vote to proceed with the consideration of this legislation, a so-called cloture vote. After that, the subject the Senator from Maine has primarily been addressing will be the pending business.
It is an amendment which would establish how this additional billion dollars would be made available to the States to meet their emergency needs for either home heating or home cooling, as conditions warrant.
There has already been about $2 billion spent, almost all of which is for the heating needs of those in the colder part of our country. Those of us who offered the amendment to provide a way in which the third billion dollars would be distributed have had in mind some very difficult circumstances in our home States over the last year or so. In fact, part of the problem is the fact that the money that is available in the fiscal year is used pretty much at the front end of the time to treat the cold climate problems. By the time we get to the summer, when the heavy heat requirements would authorize funding to be spent in States such as Arizona and Nevada, there has been little money available.
Last summer, in response to the heat emergency there, when air conditioning bills were skyrocketing and a lot of people could not afford to pay them, bills which are much higher per household than home heating bills frequently are, there was no money available. We tried to get a contingency amount of money to apply to the problem. We literally had some people die. Yet by the time the money became available, it was too late.
One of the things we are trying to do with this amendment is to preserve some of the money pursuant to a formula so that it is not all sitting in a contingent fund to be spent in cold States in the beginning of the year with nothing left at the end of the year.
Let me cite some statistics from the city of Phoenix, for example: Arizona's LIHEAP program can only assist 4 percent of those who are eligible; 73 percent of the homes have an elderly or disabled or child under 5--this is in the city of Phoenix; these figures don't necessarily apply to everywhere in the State--18 percent have an energy burden of over 25 percent of their income. This is what I think folks don't realize. Air conditioning is a necessity when you have 115, 116, 118-degree days. It is not optional. Especially if you are elderly or very young, you have to have air conditioning. When you are paying 25 percent or more of your income for that air conditioning, it is a burden that too many people can't bear. That is why we are trying to get more of the funds allocated through a formula to the States that need that kind of help at the end of the year and not have it all sitting in a contingency where it is not available, as was the case last year.
We need to fix this problem. There is already appropriated for fiscal year 2006 $2.183 billion--$2 billion pursuant to the existing formula, almost all of which goes to the cold States in the Northeast and elsewhere, and $183 million for contingency. So to the extent that there are contingency requirements, as the Senator from Maine has spoken to, there is funding currently available for that. What we are trying to do is ensure that the next billion dollars not only provides for that contingency funding and some additional contingency funding but that about three-fourths of it be distributed pursuant to a formula which is much fairer to those States that have not gotten the money in the past to assist their low-income folks to provide primarily for air conditioning. That is what the debate is all about.
The pending amendment is my amendment that would provide for a formula distribution of the next billion dollars. There is still contingency money available but not as much as there would be under the proposal of the Senator from Maine.
There is probably somewhere between zero and 100 an opportunity to try to work things out. It is my hope that in the time between now and the time we begin debating my amendment, we will be able to do so. I am certainly open to discussion about it. We need to make sure that wherever people are located, they are well taken care of. In the past, however, the way the money is distributed, virtually all goes to people in the colder States, with nothing left over for those folks who have to rely upon air conditioning. It is time we recognize that fact and modify the formula for the additional amount of money that is going to be spent if, in fact, money will be allocated, so it more accurately reflects the needs of the people in the hotter climates as well as those who have been the recipients of most of the money that has been allocated so far.
I reserve the balance of the time for others, in particular the Senator from Nevada, when he arrives.
A couple of minutes.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, since I last spoke, I want to get a couple of the specific numbers on moneys actually spent under the formula that currently exists for providing low-income energy assistance for both the cold weather States and the warm weather States.
I have some statistics that relate to three of the States in comparison with the State of Maine, for example. Nevada has about 40,000 more people, or eligible households than Maine. Under the current formula, it receives about $22.7 million less than Maine. In the case of Arizona, with a population of about four times that of Maine, Arizona receives three times less money. In other words, Maine receives more than three times the money of Arizona, with Arizona having more than four times the population. Georgia had to spend $10 million, up from $3 million last year, for its energy needs and for needy families.
We are all interested in seeing that the low-income families have assistance. We want a formula that is fair. In the past, the formula has not been fair. Growing States such as Nevada and Arizona, which have far more population than some of the other States, receive far less money. As I said, in comparison of air conditioning bills versus heating bills, the air conditioning bills can be far greater--sometimes more than 25 percent of the income. That is what we are talking about here. We are trying to achieve fairness with the formula, not have the money all in a contingency fund which is spent early in the year on the cold weather, with nothing left for the hot weather folks.
If the Senator from Oklahoma is ready, I yield to him.
Mr. President, I ask unanimous consent that the Senator from Maine have an additional minute and only 2 minutes be reserved on this side.
Mr. President, I will conclude by making two points. First of all, the question on cloture is not whether to allow the program to go forward but whether it will be paid for or, in effect, the money taken from next year, in which case then next year's money will have to be taken from the year after that, and so forth. So it is a question of how we pay for it.
The average temperature in July of last year in Arizona was just under 100 degrees. It was about 98 degrees. It is a matter of life and death. Eighteen people died in Arizona, and there was no money available in Arizona for this program. By the time we found we could get a contingency of $183 million, it was too late.
So while we would like to see the program continue, we would like to see it paid for and also we would like to see the formula modified so those people who suffer from the heat have as much of an opportunity to participate as those who have trouble from the cold weather. As a result, assuming that cloture is invoked, what we will be urging is that the next billion dollars be spent pursuant to a formula that more fairly divides the money among the various States, all of which have problems, but they are just different kinds of problems. And we will be able to debate that at that time.
Mr. President, I yield back all of the remaining time so we can go ahead with the vote.
Cloture Motion
Show 11 more
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, we are now engaging in a debate over an amendment. The amendment has to do with the LIHEAP…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, we are now engaging in a debate over an amendment. The amendment has to do with the LIHEAP proposal that has been brought forth. This first amendment would say to Senators that instead of the original proposal that Senator Snowe put forward, where 75 percent of the money went through the contingency fund, 25 percent goes through the regular formula, that now she has brought forward an amendment that would be 50-50, 50 percent through the contingency fund, 50 percent through the regular formula. If we defeat this amendment, the underlying amendment would say 100 percent of the money goes through the regular formula.
Why is that important? It is important because the 50 percent versus the 100 percent going to the regular formula, this is how it breaks down across the country. The red-colored States--this isn't Republican or Democrat, this just happens to be red-colored States in this case-- all would get more funding under the underlying amendment, the one where 100 percent of the money goes through the regular formula. The 50-50 or the underlying bill that Senator Snowe has put forward, basically the white-colored States, 21 of them, would do better under her formula. So it really is a question of fairness. Because the underlying formula in the LIHEAP provisions, the way it is implemented, benefits those 21 States right now. So the first $2 billion that is spent per year benefits 21 States. That is historically what has happened. And what we are saying is: If you are going to put an additional billion dollars to help low-income people around the country, it should benefit people from all over the country and be more fairly allocated. That is really what the 100 percent of the money going through the regular formula does. It makes it fairer.
Senator Snowe will make part of her arguments, and we had this discussion at lunch today. She will say that this is an emergency fund. This contingency fund is an emergency fund to be directed toward emergencies. That is not the way it has worked in the past. In the past, it has been divvied out earlier in the year when the cold States need it. And so when the warm States need it for air-conditioning in the summertime--and by the way, they need that air-conditioning, and in many cases it is a life-or-death situation because people can die from heat prostration and that is the real issue--the money is gone because it has been spent out of the contingency fund. That is why the only fair way to do it is to put it through the regular formula, divvy it out through the States. And then low-income people who need either heating or cooling assistance can receive that fairly.
I reserve the remainder of my time.
Mr. President, first of all, I wonder if the Senator from Maine would be willing to answer a question on my time. She says that this is offset. We have already had this argument, and we lost it. But it would be curious to get an answer to a question I have. You say that it is not going to increase the deficit at all because a billion dollars is taken out of next year's funding. I wonder if the Senator from Maine would be willing to agree not to come back and try to refill that money next year?
In other words, there is $1 billion taken out next year and she is saying it is deficit neutral. Would the Senator be willing to commit to not going after more money next year?
Reclaiming my time. I will answer the question because I can predict the future because I have seen it here enough. If you watch and learn from the past, you can predict the future. People will be going after this money and probably even more. These kinds of budget games are played all the time.
I wish to make a couple of points to respond to what the Senator from Maine has talked about. First, there is $183 million in the contingency fund this year, and $100 million has been spent so far. There is $83 million left in the contingency fund. She said this is for emergencies--the contingency fund is for emergencies. Well, other than post-Katrina, every other allocation since 2004 from the contingency fund has gone to all 50 States. She says it is only for emergencies. So all 50 States must have had emergencies every year.
That is not what the contingency fund has been. It has gone to every State. Our point is that the contingency fund has not been allocated fairly. I mentioned the $183 million, and there is $83 million left for this year's contingency fund. Has anybody noticed that it is all being allocated in the wintertime, so when the warmer weather States need their contingency fund, there won't be any left? That is the point.
She had problems with our numbers the other day. So we redid the numbers. We looked at the last 5 allocations of the contingency fund. As it turns out, in the last 5 allocations, 29 States do worse under her formula than if you adopt the underlying Kyl amendment--29 States. We are going to be passing this chart out to every Senator. The 29 States are the red States on the chart I have here. If you see your State there in red, your Senator should be voting with myself and Senator Kyl to more fairly allocate this money that is for LIHEAP.
The allocations that go out for LIHEAP are there for a very noble purpose. All we are asking is, if we are going to spend this money, let's do it fairly. For too long, the formulas have benefitted some States at the expense of others. The Senator from Maine is looking out for her State. I have no problem with her doing that. It is one of the things we are elected to do--to look out for the interests of our States--also the country, but particularly for our home State.
I think the people in my State and the people in the other 28 States that are unfairly treated in the way that she has her amendment drafted deserve fair treatment, and we as Senators should fight for the people in our States.
I yield the floor.
Mr. President, how much time do I have?
Mr. President, the Senator from Maine had a problem with the way we did this. It was the Congressional Research Service that did this. She said it was just a spot in time. So we said, OK, let's look at the last 5 allocations historically. How have these funds been allocated? She said 29 States would benefit under her formula. That is correct, 29 States would benefit under her amendment compared to her underlying bill. But 29 States would benefit more with the Kyl amendment than with the Snowe amendment. That is according to data from the Congressional Research Service. That is what we have to go from. That is our expert source we turn to for unbiased information. The chart I have is accurate if the people at the Congressional Research Service have done their jobs right. I have no way of knowing, other than they provide pretty good information to all Senators in a nonpartisan way. To say they are inaccurate--I don't believe that is an accurate statement; I will leave it at that.
To sum this up and close this argument, it is about fairness. The underlying LIHEAP program was set up a long time ago, and it was set up to be biased toward many of the northern States, especially in the Northeast. The LIHEAP formula is drafted so that when we start adding money in, then it is going to be distributed more fairly to all States for heating and cooling. This is an additional billion dollars. Those other 29 States that are not treated as fairly in the original program need to be treated more fairly.
Whether you are Republican or Democrat, you should look at our charts to find out how your State is treated under the Snowe amendment versus the Kyl amendment. Senators from the 29 States should, I believe, vote against the Snowe amendment, and then support the Kyl amendment.
I yield back the remainder of our time.
Mr. President, have the yeas and nays been ordered?
I ask for the yeas and nays.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent that I be permitted to proceed for 10 minutes as in morning business.…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I ask unanimous consent that I be permitted to proceed for 10 minutes as in morning business.
Mr. President, today, we learned of the unbelievably tragic passing of a remarkably courageous, strong, and dedicated woman, Dana Reeve. Most Americans knew Dana as the wife of Christopher Reeve, and most Americans new Christopher as Superman and, as this unbelievable figure, capable of overcoming so many obstacles.
I think the whole Nation was shocked and touched when they learned that Dana, not too long after the loss of Chris, herself was battling lung cancer. She was always ebullient and strong in that effort. At times, she was filled with doubt about her kids and the future, as anyone would be, but always unbelievably courageous. She was a passionate advocate after Chris passed away, and even before. She was, herself, an accomplished actress and singer, appearing off Broadway and on Broadway. She was, above all, a loving mother and a stunningly supportive and nurturing wife.
Through her very selfless effort to be part of Chris's life in gigantic ways, bigger than most people could describe, after his accident, she became an inspiration to millions of Americans. This is no way for anybody who was touched by that family to adequately express our shock and our sorrow to her immediate family--to Will, age 13, and her stepchildren, Matthew and Alexandra, and to her friends, who were with her until the end.
Dana was always a crusader, but with Chris's accident, she became an even more tireless, passionate crusader for the particular promise of medical research into stem cell treatments. After Chris's paralysis, she and Chris together created the Christopher Reeve Foundation, which has raised and distributed over $55 million in research grants, much of it aimed at speeding the development of stem cell treatments.
I can remember visiting Chris at his home in New York. He had this elaborate exercise setup, which he went through, I think, almost every day, or whenever possible, always keeping his muscles as alive and growing as possible under the circumstances, with the belief that he was going to walk again. Dana believed in him and she believed in that possibility. Together with Chris she was deeply involved in the fight for increases in medical research funding, and she was an active advocate for the rights of the disabled.
Many of my colleagues in the Senate had the opportunity to get to know her or talk with both she and Chris in the course of that advocacy. After Chris's death in 2004, Dana courageously kept up the battle to advance medical research. She became the chairwoman of the foundation, picking up where Chris had left off. She was responsible for developing the foundation's Christopher and Dana Reeve Paralysis Resource Center and for a program that has now distributed more than $8 million for projects that improved the daily lives of people with paralysis.
In October of 2004, I was particularly honored and moved to be joined by Dana on the campaign trail in Ohio. I cannot tell you how incredible it was that within 2 weeks of Chris passing away--less than 2 weeks-- Dana took the time, found the strength and courage and the sense of purpose somewhere, which she described to me as coming directly from Chris himself, to come out on the trail and fight for what he had been fighting.
I will never forget the grace and the strength that she showed that day, and even a glow that she exuded in her love for Chris and her passion about the issue.
Let me share, if I may, a few of the words that she spoke that day which I found so moving, but I also find important for all of us to focus on today. She said:
Chris struggled for 9\1/2\ years, but it was essential to
him that every day bring some kind of forward progress,
either personally or globally. Despite the enormous
challenges he faced each morning, he awoke with focused
determination and a remarkable zest for life. Chris was able
to keep going because he had the support of his loved ones, a
dedicated nursing staff, the belief of his fans, and members
of the disabled community, and because he had hope--hope that
one day science would restore some of his function. Chris
actively participated in clinical trials. He was on a strict
exercise regimen and was recently in a clinical trial right
here in Ohio to breathe on his own. Chris could breathe off
his ventilator for hours at a time, thanks to science, and
scientists taking bold steps.
Chris understood that all journeys begin with a single
step, and to take that first step one needs hope. His
vision of walking again, his belief that he would reach
this goal for himself and others in his lifetime was
essential to the way that he conducted his life.
Dana went on to describe that while Chris led the crusade for research, she in turn put her energy into improving the quality of life for people who were living with diseases, inspired by individuals who could still benefit from research. She talked about how right there in Ohio, where we stood that day, the Christopher Reeve Paralysis Foundation had funded a number of items that kept people healthy and active despite the challenge of living with a disability. She did all of this because both she and Chris imagined living in a world where politics would never get in the way of hope.
Dana shared that vision and she worked tirelessly to help achieve it. Today, the whole country will again remember this couple. They will remember them together and their dedication to furthering stem cell research. Here in the Senate, we have an opportunity to honor their memories and that work by fighting to advance stem cell research. We can do it. Mindful of all the ethical considerations that we understand, there is a way to do it and to respect life. We have the opportunity to take the steps that Dana and Chris would have been so thrilled to see, worked so hard to achieve, to finally see a stem cell bill passed through the Senate.
In the end, none of their efforts, nor their lives were about policy. It was about hope and it was about values. It is about honoring their lives now that we should set about that task. They shared an unquenchable belief in the genius of America when we put our minds to it. They drew strength from the talent and dedication of the scientists they met and, in turn, they inspired them to go out and do even more. Chris stunned doctors by regaining some sensation in over 70 percent of his body and moving most of his joints, which people said he would never do. He did that because of science.
Dana and Chris never lost faith that America and American science was the greatest hope for humanity. That is a faith that all of us should share for Chris and Dana and the millions of people who believe in the possibilities of this remarkable time and our remarkable country. A lot of people ask, How can we do that? The answer is simple. How can we commit ourselves to anything less?
So to Will, Matthew, Alexandra, and Dana and Chris's friends and families, colleagues and supporters, I say the best thing we can do to complete their journey is by doing our best in ours. If we do that, we will give even greater meaning to two remarkable lives.
I yield the floor.
Mr. President, I ask unanimous consent to be recognized for 5 minutes. Mr. President, I rise in support of the efforts of the Senator from Maine. She has been our leader and our champion on this…
Mr. President, I ask unanimous consent to be recognized for 5 minutes.
Mr. President, I rise in support of the efforts of the Senator from Maine. She has been our leader and our champion on this issue of funding LIHEAP. It has been a bipartisan effort, too. Senator Jack Reed of Rhode Island, on this side of the aisle, and many others, have spoken in favor of what she is attempting to do.
To describe it very briefly, for those who are following this debate, it would put $1 billion more in the Low-Income Home Energy Assistance Program across America. We said we thought we would need $5 billion this year. Then we only appropriated $2 billion. And in some parts of the country the winter has been fairly mild, including the Midwest. In other parts it is still harsh and cold. But wherever you live, you have found the cost of heating your home has gone up dramatically, between 30 and 50 percent.
Now, imagine if you are on a fixed income, that you are a retired single woman, for example, a widow, and you turn to this program, as you have in years past, and this year you need it more than ever. Or imagine you are a woman I met, a mother in the city of Rockford, with three small children. She is divorced. She is working. She is trying to keep this little frame house she is living in warm enough so her kids can be well enough to go to school.
She needs a helping hand from this program. She is a minimum wage worker. She works as a waitress. She does not make a lot of money, but, God bless her, she is trying. And this program says we will give her a helping hand. The sad reality is, as the Senator from Maine told us, there is not enough money in this program. So many of these people find themselves without the helping hand that we have promised all across the United States.
All the Senator from Maine and others are saying is, let's put enough money in this program to help the truly vulnerable people in America. These people are our neighbors. These are fellow Americans, the parents and grandparents of people who made this the great country it is today.
You look at the situation and say, this has so many echoes and memories of what happened in New Orleans. In New Orleans, when some of the nicest people in this world, who happen to be caught up in a flood, had nowhere to turn--and the Government was not there--the sad reality is that many of them suffered. We look back now, 6 months later, in horror to think that great city is still struggling to get back on its feet. Despite the best promises of President Bush and this administration, it is not happening.
I wonder if that would have been the case anywhere else in America. Would that have happened anywhere else in America, that a city would have been devastated, and 6 months later it is still not receiving the attention it needs because of a lack of leadership from this Administration?
What the Senator from Maine is saying, what we are saying, is that for individual families faced with the realities of life today, some of these programs make all the difference in the world. And the Low-Income Home Energy Assistance Program is one.
I met with a woman in Rock Island, IL, a retired lady, a beautiful lady, who works down at the senior center now just doing volunteer work. She counsels the seniors on how to apply for LIHEAP assistance so they can pay their gas bills, which, of course, is what we use to heat the majority of our homes in the Midwest.
So many of us believe that when we face these natural disasters and challenges in America, that it is a challenge to each one of us to come together as the American family. I can understand how the Senator from Maine feels. People say: Oh, this is just a big New England problem. Now, don't worry me because I happen to live somewhere else.
It is an American problem, my friends. It was an American problem in New Orleans. It is an American problem in New England. It is an American problem when American families struggle for the basic necessities to survive. Those who would divide us on sectional lines, on lines of economic benefit, on lines of racial differences--those people are just wrong because this country is strongest when it stands together. And we stand together when some members of the American family are in need, and they are in need today.
We need to stand behind the Senator from Maine on a bipartisan basis. We need to say to this administration: Do not leave more Americans behind--as happened in New Orleans. We cannot have it repeated in New England or in northern Illinois or anyplace across the United States. We need to come together.
As I look at this bill, I think this is reasonable. It is reasonable for us to
stand up for our fellow Americans who need a helping hand with low- income home energy assistance.
Let me add something as well. Wouldn't it be great if America had an energy policy? Wouldn't it be terrific if we really had a plan that would move us away from our dependence on foreign oil? When the Senator quotes oil prices, do you know what control we have over oil prices? None. When the OPEC cartel and the sheiks decide production levels, and oil prices go up, America reaches into its wallet for its credit cards and cash, and the money goes right on the line, and not just to them but to the oil companies.
It is similar with natural gas. Wouldn't it be great if we had vision and leadership in America today that moved us toward less dependence on energy from overseas? We wouldn't be caught when we stopped to fill up our cars, or provide energy to our homes and businesses, with dependence on oil cartels or fossil fuels that leave us dangling on the ends of strings, as the producers control the dance like puppeteers?
That is the fact today because for too long we have let the national energy debate----
Mr. President, I ask unanimous consent for 1 additional minute.
For too long, we have focused this energy debate on where can we drill for more oil. Can we go to a wildlife refuge in Alaska? The honest answer is, all the oil in that wildlife refuge would not provide the energy this country needs for more than 6 months over a 20- year period. It is not an answer. It is not a solution. We control less than 3 percent of the oil reserves in this world. Yet we consume 25 percent of the oil resources. There is no way we can drill ourselves to a point of self-sufficiency.
We need leadership. We need innovative, sustainable, renewable sources of energy. We need better fuel-economy in our cars and trucks. America should be moving forward as some other countries are with a new vision on energy. Instead, we are faced with these crippling bills to heat our homes, and at the gas station to fuel our vehicles.
Today, we need to vote to support the motion for cloture, bring the LIHEAP bill up, provide a helping hand to the most vulnerable Americans, and then sit down and get down to business about an energy policy that really works for our future.
Mr. President, I yield the floor.
Mr. President, first of all, I have enjoyed being referred to as the junior Senator from Mississippi, which I am. It makes me feel so young. I am flattered by that description. I tiptoe into these…
Mr. President, first of all, I have enjoyed being referred to as the junior Senator from Mississippi, which I am. It makes me feel so young. I am flattered by that description.
I tiptoe into these waters with some hesitancy and with a great deal of respect for our two leaders because I know working out these issues is not easy. You have personalities. You have individual Senators who have interests or concerns. I have the greatest respect for both of these men. I know how tough the job is. But my friends, if we don't get into conference on the pensions, it is going to be a plague on both our houses. I have talked to Senator Reid about this. I understand his problems, and I know what Senator Frist, as the majority leader, is dealing with. But I also know that this issue is time-sensitive.
If we don't get into the conference pretty soon, we are not going to get an agreement before April 15. There is at least one airline that has bet the whole company, frankly--their survival and bankruptcy--on us getting pension reform done. Do you think people are only worried about health care? They are worried about retirement and they are worried about their pensions. Are they going to be there? Are they adequately funded? Who will pay for it? The taxpayer?
That is what is going to happen. Company after company will dump their pension plans on the PBGC, the Government entity that insures these plans. They are going to be stuck with the bill. I hate to get into this, but having been there before, I cannot help myself because I care about the substance here.
I am pleading with our leaders to find a way to deal with it. The Senator from Nevada knows that the majority leader has to lead on these issues. He has to find a way to get us into conference, but it takes cooperation. The majority leader says 7 to 5. I think it is a little high. The last time we had a pension reform conference, we had 8 total, not 12 Senators. But the Senator from Nevada says: No, no, no, it has to be 8 to 6. That troubles me because the majority leader came up with a reasonable number, but the minority leader said it has to be 8 to 6 or we are not going to conference. We are at loggerheads, and we should not be.
I have a novel idea. Let's go up to 9 to 7 or go down to 6 to 4.
I will be glad to work on that, but I don't think the numbers make that much difference. This is a bipartisan issue. I cannot do this for the leader or the leaders. But go down to 6 to 4 or go up-- and, by the way, it won't make a lot of difference. We are sweating about this. Sixteen Senators are going to be in a conference. For heaven's sake, that is a cattle call. I think that is too many.
I plead with our leaders to come up with an agreement. I have never seen this happen before--never. Not one time when I was majority leader did the minority leader and I not come to an agreement on a number to go to conference with.
I am glad to.
Senator Daschle didn't say: No, you have to give me a specific number or I won't go. At least you are showing movement. We need to do this and we need to do it today. I am going to continue to talk about this. I will remind people that we have a deadline, which is April 15. And I remind everybody that the Senate passed this November 16 by a vote of 97 to 2. The House passed it last year.
We have been fumbling around with this for 2 whole months. This involves retirement insecurity for millions of Americans. Chairman Grassley has done good work, along with Chairman Enzi and ranking member Kennedy; he wants these conferees appointed. All of the Senators involved are flummoxed that we cannot find a way to come to agreement on this subject. The House passed it 294 to 132 on December 15. And here we are and we cannot get into conference. Is it complicated? Yes. Can it be worked out? Absolutely. Whom are we fooling? There will be three or four people who are going to write this thing. The rest of us will be there as spearholders. Why don't we get on with it.
I am concerned about this. I think we ought to be able to get it worked out. The majority leader is the majority leader. He does make the final call on the numbers. You know, when we go to conference, does it need to be cooperative and collaborative? Yes. I cannot believe, with all of the Senators on this side pushing and hoping for a conference, and the Senators on the minority side who are pushing for a conference, that we cannot get this done. It is all because one or two Senators think they have to be able to go to conference, or else. I wanted to be a conferee on the tax bill, and I should have been. But the leader decided the number was 2 to 1, so those are the conferees. That is the way it works. I understand that. I cannot be a conferee on every bill.
I say to those who are demanding they be a conferee, we have to support our leaders. I want to make it clear that I am worried about the legislation. I want to be helpful.
I realize it is presumptuous of me to talk about this. I am not here about who is the majority or minority when it comes to substance. This is about people's lives. What are we doing? That is part of a pattern where all of a sudden everything is objected to. We look bad. I want to make it clear that I am not talking about our majority leader. He is trying to move things. It is similar to trying to move a ``dad-blame'' mountain, and only the good Lord can give you the power to do that.
I plead with our leaders to find a way to make this happen and do it today. Today. I think what we might have to do, if we cannot get an agreement--I urge our leader to begin the process to--however long it takes, however many votes it takes--to make this happen. It can be done. But it takes, again, an excruciating amount of time, similar to what we went through on the PATRIOT Act. What a supercilious, ridiculous process we went through, with all those extra votes to get to a vote of 89 to 11 on a consensus bill.
Yes, it is a Senator's right to run the string out if they want, but is that good? Was anything achieved? Is the Senate better off and are the American people better off? Absolutely not. I tell you, any of our colleagues on the other side that think you win by blocking things and stopping things from happening, I can tell you it doesn't work. I have tried it both ways. The American people want us here to get results. When you get results, there is plenty of credit to go around on both sides. You know, if we don't act on the pension bill, within 6 weeks there are going to be disasters. The blame is going to be in this Chamber.
I yield the floor, Mr. President.
Mr. President, the pending bill, S. 2320, offered by the Senator from Maine, increases direct spending in excess of the allocation to the Health, Education, Labor, and Pensions Committee. Therefore,…
Mr. President, the pending bill, S. 2320, offered by the Senator from Maine, increases direct spending in excess of the allocation to the Health, Education, Labor, and Pensions Committee. Therefore, I raise a point of order against the bill, pursuant to section 302(f) of the Congressional Budget Act.
Mr. President, how much time do we have remaining?
Mr. President, I agree with both Senators from Maine. Our goal is not to have additional LIHEAP funding. Our goal is to make sure we don't steal it from our grandchildren, robbing from the unborn and the young in this country to do something in the name of good. It is not moral at all.
What we are saying is pay for it. To say it is paid for, to say you are paying for it, there is $1 billion allocated for next year, we are going to take that away and that is going to have to be paid for by somebody. You know who is going to pay for it? Our grandchildren.
If we want to help the people of Maine, there are a couple of things we can do. No. 1, you can use your TANF money for LIHEAP right now. That is allowed under Federal law. There is no reason anybody in Maine doesn't have the LIHEAP funds. You have money in your TANF account right now that you can transfer to solve that problem in terms of the acute problem.
The second thing you ought to know is that there is $11.2 billion in unobligated funds in Health and Human Services right now that the administration could release for LIHEAP. We don't have to be doing this. If it truly is an emergency, the administration has the money right now to send to Maine to do that. Your Governor has the ability to take TANF money right now and support LIHEAP in Maine.
But it is unconscionable for us to steal from the next generation and steal from the next budget cycle saying that we have paid for it. We haven't paid for anything. What we are doing is sacrificing the standard of living for future generations in this country through this type of process.
If you want to bring the bill to the floor, which we have offered the Senator from Maine, come to the floor, offer to spend $1 billion and give us the cuts to pay for it. Let us make the hard decisions that we were charged with to make among priorities in this country.
The other point I would make is there was an offer by the chairman of the Budget Committee last year to put an additional $1 billion in this fund. The Senator from New Hampshire offered to put another $1 billion by taking a small percentage across the board from Health and Human Services. This body voted that down. This body said we don't want to take a little bit from everybody else to pay for additional LIHEAP. We wouldn't even vote for it.
Now, when we are going to steal it from our children--the people who can't defend themselves, the future taxpayers of this country--then we are going to say it is OK, I believe it is morally wrong.
The people who need help today can get it. They can get it from the TANF funds in the State of Maine and the Northeast. They can get it from Health and Human Services, unallocated and unspent money that is sitting there right now.
We are not for not helping people, and it is not true to characterize it that way. We want to help anybody who truly needs our help.
The distribution under this formula, if you were to divide the money by everybody who could be eligible under LIHEAP, comes to $35 a house.
The other point I would make, since LIHEAP started, we have averaged $160 million a year in weatherization. That is $3.2 billion in weatherization. There are some people who would suggest that multiple homes have been winterized multiple times. There has been no oversight on weatherization. There has been no oversight on how the money has been spent. We have not done our job in terms of oversight to make sure the money that goes for LIHEAP is spent in the proper way.
I believe it very noble that the Senators from Maine want to help their constituency. Let us help you help your constituency but let us not steal it from the next generation.
I reserve the remainder of our time.
How much time remains?
I yield 2 minutes to the Senator from Alabama.
I yield 2 minutes to the Senator from Mississippi.
Mr. President, first of all, the Senator from Connecticut makes a great point. This is not about regionalization. This is about paying for something.
The Senator from Maine is absolutely right. It was in the act we passed this last fall. But it was in there for next year. It was advance funding so we would pay for the money for next year.
So if in fact we take this money now and move it out of next year, we are going to have to come up with another $1 billion. You can play the games with the numbers all you want, but the fact is, we are going to have to come up with another $1 billion.
The other thing I point out, we are not in great financial shape. We added half a trillion dollars. I was one of the few Republicans who did not vote with the rest of my side in terms of the tax cuts this last time through. I have been straightforward in addressing the financial problems our country had.
I ask Members to look at this chart put out by NOAA that says, in fact, for every area seeking today, they are either above normal or much above normal in terms of their temperatures this year. My poor State, Oklahoma, is red hot. It was 92 degrees yesterday in Oklahoma. We set an all-time record. We had 20 or 30 days over 100 this past summer.
I am not debating whether we should help people. I am debating can we help people without killing our children. The offer was made several times to the people offering this amendment: We will help you find offsets to pay for this so we do not take it from future generations. That was rejected, straightforward.
The fact is, we have to be responsible. We are going to have to come to a point in time where we will have to make a hard choice. If we do not, here is what will happen. The international financial community is going to do it for us. Interest rates are going to go sky high. The value of the dollar will fall through the floor. Talk about leaving a heritage to our children. We will leave a heritage of poverty to our children.
It is time for us to make the hard decision. Let's support this point of order because it is right. If we do not support this point of order, the budget does not mean anything, nor do the budget rules mean anything, nor do the appropriations categories mean anything.
I yield back the remainder of our time, and I call for a vote.
Mr. President, I have been on the floor numerous times to talk about priorities. We are on an unsustainable course in our country. The GAO says that. Anybody who looks at our books, our budgets, and…
Mr. President, I have been on the floor numerous times to talk about priorities. We are on an unsustainable course in our country. The GAO says that. Anybody who looks at our books, our budgets, and our deficits would realize that. We have before us a $1 billion expenditure that I am
sure we are going to do. I have done everything I can to keep us from doing it. Without paying for it, we will transfer that money to our children.
I think it is important for the American public to know how awry we are in this body. I want to put forward and into the Record what the cosponsors of this bill did. They did, collectively, $777 million worth of earmarks last year. Those States of the cosponsors are going to get $145 million in LIHEAP money. The fact is, we spent over $770 million on earmarks.
I wish to spend a few minutes reading some of them so we can see whether the American people think it is a priority. Do we help people who need heat with their homes or do we build the Katahdin Ironworks in Maine? Or do we build a new industrial park in Maine? Do we buy new land--the Rachel Carson land acquisition for $600,000? Do we pay for a new building for the city of Brewer, an administrative building? I cannot find in the Constitution where that is a responsibility of the Federal Government. We are going to build a new Bangor waterfront park. We spent $246,000 on earmarked lowbush blueberry research. Here is a George and Barbara Bush cultural center at the University of New England, $300,000. Do we do that and charge it to our children and grandchildren, or do we help people with their heat? To me, it is an obvious choice. But we refuse to make those hard choices here. We would rather spend the money and charge it to our children and grandchildren.
Here is a Franco-American Heritage Center renovation project in Lewiston. And Bowdoin College in Brunswick, ME, gets $100,000 for site planning and renovation. Here is a purchase of land, Brainard Lakes, MN. Here is Midtown Greenway, Minneapolis, $1.5 million. Here is Augsburg College, in Minnesota, $1 million. I didn't know private colleges were part of the responsibility of funding from the Federal Government. Next we have Grand Portage in Minnesota, to establish a heritage center, $4 million. We are going to establish a heritage center for $4 million and we cannot help people with their heating bills. We are going to try to do both because it is politically expedient, but it is not politically expedient for our grandchildren.
We gave $200,000 to the Hmong American Mutual Assistance Association. We gave $500,000 to the Minneapolis American Indian Center in Minneapolis. We sent $1 million to the Pine Technical College in Minnesota. We rehabilitated the Ames Lake Neighborhood, Phalen Place Apartments, in St. Paul with $150,000 of taxpayer money. Here is the Willard Pond in New Hampshire, $550,000. Then we have Roseview, a purchase of land for $2 million. Here is the Hubbard Brook Foundation and the Daniel Webster College. Here is the city of Portsmouth, to build an environmentally responsible library. We are going to build a library instead of paying for people's heating bills, and we are going to charge it to our children and grandchildren.
We spent $150,000 for site preparation for improvements to White Park in Concord. We are going to restore Temple Town Hall in the town of Temple, $225,000. That is not a Federal responsibility; it is a State responsibility.
Yet the American people are right to ask the question: How is it that we can have $775 million in earmarks from five States, and those five States under this formula would get $145 million in LIHEAP?
I suggest that we shouldn't take it from our children and grandchildren. I suggest that we ought to pay for it, and the way to pay for it is either reduce the number of earmarks that are not legitimate under the Constitution, but are very politically expedient, or find the money elsewhere.
I am not just picking on these items. This goes across this body throughout. The culture of earmarks is killing our country in terms of how much money we spend and who is paying for it. And who is actually paying for it is not us. We are shifting it to the next two generations.
I will show this document in the Record--it lists the earmarks by the five cosponsors of this bill--and let the American public decide whether they think we ought to take $1 billion from our grandkids or cut out some of these projects that are not necessary right now. We are in a time of tremendous fiscal severity, and it is time we start acting as grownups.
Mr. President, I ask unanimous consent to have printed in the Record the document that lists earmarks.
Mr. President, I want to help those people who cannot help themselves, but I have also discovered that there is very limited authorization for us in the Constitution for us to be paying the heating bills of people in this country. There is no such thing as compassion when you are using somebody else's money to offer compassion.
The real answer to heating bills is solving our energy crisis and local communities taking care of their local citizens with their assets.
I will not vote for cloture, although I know cloture is going to be invoked, but I think this is a great time that everybody in this country ought to be questioning the process here and the utilization of earmarks which could have paid for the heating bill, but instead we did things to help us back home, help us get reelected.
I remind the Members of this body, Mr. President, when they take the oath of this body, they don't take an oath to protect their State or bring home the bacon. They take an oath to do what is in the best long- term interest of this country, not what is in their best short-term political interest.
I believe, as the American people look at this--I know this recent polling said 69 percent of the people in this country think we ought to eliminate earmarks, even if it hurts them. The only way we will get out of the financial mess we are in is start attacking the process of earmarks that greases the sled for spending that is out of control.
I yield the floor.
Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with. Mr. President, I ask unanimous consent to speak as if in morning business. Mr. President, I know we will…
Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with.
Mr. President, I ask unanimous consent to speak as if in morning business.
Mr. President, I know we will not be in very long today. As a matter of fact, I am going to Wyoming in a little bit. There are some things I have wanted to talk about for some time, and since we have some time this morning, I thought I might take a few minutes to talk a bit about energy.
We, of course, have been on a number of other things, and unfortunately taking a long time to do them. But I hope we get back to those things that are really vital to us in terms of the economy, in terms of jobs, in terms of health care, and terrorism. But one of the most important questions, of course, that we face is the question of energy.
Sometimes I think we forget how vital and what such a part of our lives energy is. All we have to do is look around and turn the lights off or turn the heat off for a little while and we recognize how important it is. We have talked about it a great deal.
As a matter of fact, last year one of the most important and vital things that we did was to put together a policy on energy. I think it was a very good policy. It is a policy that is in effect. The fact is, however, it is a policy, as it should be, but then we should be faced with and take on the responsibility of implementing that policy. It is one thing to have a policy, and it is very important to have one, but then you have to put something in place to cause the policy to be in action. I think that is where we are now.
Being part of the committee, I may be a little prejudiced. I think the policy was a good one and looked forward to the future and took into account things such as conservation and efficient use. That is a very important part.
One of the things we really have to stress is how we can get more mileage out of the energy we have. We also looked--again importantly-- at the idea of alternative sources of energy. Over time, we can look at wind energy, we can look at ethanol, we can look at Sun energy--all kinds of things out there. And we should.
The fact is, most of those--even though I think they have great potential and will be a real part of our lives in the future--are out there waiting.
The other thing we talked about, however, in the policy is to make better use of those things that are already available to us. That is really what I want to talk about for a couple of minutes this morning; that, specifically, is coal. Coal is our largest fossil fuel resource. As a matter of fact, we have the largest supply of coal in the world that we can depend on in the future. About 27 percent of future coal is in the United States. We use a great deal of it right now generating electricity by and large, but the fact is, even though we are using train loads to run a generator for 1 day, we still have the resources to do this for a good long time in the future.
However, there are some things pending we can be doing in the fairly short term that will have a real impact. If we wait for these alternatives, we are going to have some real pressing times between the time they are ready to go and what we are doing now. I am hopeful and involved in the budget right now. I, frankly, wish there was a little more attention--I think there should be--in the budget not only to look at research over time but to do some things to incentivize the development of those things that will have an impact in the next 4, 6, or 8 years. That is very important because energy is that nearly on the edge.
One of them, of course, is the various alternative uses of coal. We kind of know what to do. In fact, there are some plants now that are using coal and converting it and processing gas, which takes out CO2, which takes out the climate-warming kinds of things and yet produces coal. Of course, as we produce more generation we have to look at other ways.
Coal has been the only kind of fuel that has been used over the last 20 years. About 50 percent of our generation is done by coal, and more recent plants have been gas.
In our policy, we are better off using coal for generation and let gas be used for things which are more flexible.
For instance, my State of Wyoming is the largest producer of coal. We have some of the biggest resources for coal in the future. These are open-pit mines, which are very efficient and very effective. We are very anxious to try to bring to this country and put into use fairly soon some of the procedures that can be used. As I said, you can make diesel fuel out of coal, which is very important.
We have plants in Wyoming that are ready to do that, if we can get started. We can make gas out of coal. We can make hydrogen out of coal. These things, of course, take incentives and take some money.
I hope in this budget, in addition to looking out in the future in terms of research, we also look at how we implement in the shorter term the things we already know how to do--how we use our greater resources, use them in a more efficient way, and in a way which is environmentally sound so we can put ourselves in the position of being less dependent on foreign oil and foreign imports.
I want to talk some more about it as time goes by, but I guess the point I wanted to make and leave and see if we can't talk about is, we have a policy. We have a policy that deals with some fairly short-term changes. We need to be putting some emphasis on those as we look at our budget needs, look at things which can have an impact in the short term. We have to look at where these resources are so we can make our development around where the resources are and look forward to providing energy in this country on an economically sound basis, reasonably effectively, and available to everyone. We can do that.
I hope we pursue our policies and implement them.
I will continue over time to focus on these things.
I yield the floor.
Mr. President, I ask the Senate to pause for a moment today in loving memory and honor of Sergeant Eric Lee Toth. Sergeant Toth of Edmonton, KY, served with the 623rd Field Artillery in the Kentucky…
Mr. President, I ask the Senate to pause for a moment today in loving memory and honor of Sergeant Eric Lee Toth.
Sergeant Toth of Edmonton, KY, served with the 623rd Field Artillery in the Kentucky Army National Guard. The 623rd frequently escorts supply convoys throughout Iraq, a dangerous duty that often put them in, as one Kentucky National Guard general has termed it, ``the eye of the storm.''
On March 30, 2005, Sergeant Toth and two other Kentucky Guard soldiers were traveling in a Humvee on a supply route in Iraq, escorting a convoy of supply trucks from the southern end of the country to the north. One of the soldiers traveling with Sergeant Toth was his brother-in-law.
Suddenly, at a point about 30 miles north of Baghdad, an explosive device hidden in a car went off. The other two soldiers in the Humvee were injured; Sergeant Toth was killed. He had served his Nation as a citizen-soldier for almost two years. He was 21 years old.
For his valorous service, Sergeant Toth was awarded the Bronze Star Medal, the Purple Heart and the Combat Action Badge. He had previously received both the Army Good Conduct Medal and the Armed Forces Reserve Medal. And he was awarded the Kentucky Distinguished Service Medal, the second-highest honor that the Commonwealth of Kentucky can bestow.
Like so many young Americans, Eric was inspired to enlist in the Kentucky National Guard after the terrorist attacks of September 11, 2001. He felt an unswerving duty to defend his country after seeing the destruction on that horrible day, to help ensure that something similar didn't happen again. ``Ever since 9-11 . . . that's what he thought he should do,'' says his wife, Andrea.
Captain John H. Holmes Jr., Sergeant Toth's battery commander, recalled that Eric had set his sights on becoming a member of the respected Alpha Battery when he joined the 623rd Field Artillery of the Kentucky National Guard. He wanted to serve in the same unit as his brother-in-law, Sergeant Ricky Brooks. He looked to Ricky as a role model, and the two grew closer during their service in Iraq.
Eric knew that Alpha Battery would likely deploy to Iraq, but this courageous young man did not shy away from his share of responsibility--rather, he embraced it. Captain Holmes says that Eric ``inspired every one of us to be better than we ever thought we could be, and touched our lives indelibly.''
Sergeant Toth got the assignment he sought, and was deployed to Iraq with the 623rd in January 2005. Missions to escort supply convoys lasted as much as 18 hours to go a mere 500 miles, and the soldiers often had to bridge language and cultural barriers to communicate with the convoy truck drivers.
Eric was the gunner for his unit. Captain Holmes tells us that a gunner's responsibility is to be the ``eyes and ears for his officers and his fellow soldiers,'' and that Eric succeeded at that quite well. His brother-in-law, Sergeant Brooks, calls Eric one of the best gunners he ever knew, and recalled a previous mission when Eric had been alerted to the possible presence of the enemy. When Sergeant Brooks saw Eric check his gun and equipment twice, he knew Sergeant Toth was ready and could be counted on in battle.
Born in Glasgow, located in south-central Kentucky not far from Mammoth Cave, Eric Toth grew up as quite the young athlete. He was the captain of his football team at Metcalfe County High School. As a young man, Eric helped nurture others in the sport he loved by coaching little-league football in Edmonton, which is the county seat of Metcalfe County.
As a child, Eric minded his studies as well. Bennie Stephens, who is still with the Metcalfe County public school system, taught both Eric and Ricky Brooks when each was in the fifth grade, and remembers them as good students who worked hard.
Eric also enjoyed a good game of volleyball, and took pleasure in hunting and fishing. He played basketball with Sergeant Brooks. He was an avid movie fan, and even while in Iraq, Eric purchased 28 movies to fill the downtime in between missions.
Sergeant Toth was laid to rest last year in Sulphur Springs Cemetery, in Edmonton. Mr. President, I was honored to be one of the many who went to pay my respects that day to a courageous American hero. A lot of people love and miss Eric Toth, and they will remember his bravery, his generosity of spirit, and his sacrifice.
Eric was blessed to have a large family and many friends. His wife, Andrea, is with us in the gallery today, and we thank her for sharing her memories of her husband with us. Eric will be forever treasured by his father, Danny Toth, and his mother, Brenda Paronto, who says that Eric ``loved his country and loved what he was doing.''
He is remembered as well by his half-sister, Debbie, his stepsister, Tasha, his stepbrothers Derrick and Travis, and many more members of a large extended family.
Perhaps Eric's commander, Captain Holmes, summed it up best when he said Eric ``was always about trying and doing.'' I hope those who knew and loved Eric can take some measure of solace in the knowledge that Eric lived with bravery, giving his life for the freedom of people he would never meet, but who will forever benefit from his sacrifice.
This country owes a debt to Eric and the countless men and women who, like him, offer up their bravery to the rest of us. I ask my colleagues to keep the family of Sergeant Eric Toth in their thoughts and prayers, as they will be in mine.
Mr. President, I yield the floor, and I suggest the absence of a quorum.
Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 2320) to make available funds included in the Deficit Reduction Act of 2005 for the Low-Income Home Energy Assistance Program for…
Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 2320) to make available funds included in the Deficit Reduction Act of 2005 for the Low-Income Home Energy Assistance Program for fiscal year 2006, and for other purposes.
Mr. Speaker, I would ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on this legislation and to insert extraneous material on the bill.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today to speak in favor of S. 2320, legislation regarding the low-income home energy assistance program that we call by the acronym of LIHEAP.
I believe that this is a good bill that will help all Americans, both in warm weather States and in cold weather States, but it will be particularly helpful to those in the warm weather States like Texas and places where summers can be difficult as the winters are in the Northern States.
The Deficit Reduction Act of 2005 which this House passed, the other body passed and the President signed recently, included $1 billion for LIHEAP for fiscal year 2007. The moneys were offset by savings elsewhere in the titles written by the Energy and Commerce Committee, which I have the privilege to chair.
The bill before us today spends the funds this year and splits the funds equally between regular and contingency funds. Mr. Speaker, I support this approach because the increase in regular funds in the bill would allow significantly more LIHEAP funds to flow to the warm weather States to help with cooling costs this summer.
This has happened only once before in the 1980s. For Texans, which is the State that I come from, this will mean an additional $38 million this year, almost doubling Texas's LIHEAP funds.
Overall, the funding increases in the bill before us will help both the warm weather States and the cold weather States in the winter. Warm weather States in the summer and the cold weather States in the winter. This is a good solution for all States, both warm and cool; and I hope that we will support the bill.
We do have an unusual parliamentary procedure, Madam Speaker, that I think we need to bring before the body. The bill before us has already passed the Senate. If we pass it with no amendments, it will go to the President for his signature.
The supplemental bill, which we have been debating until several minutes ago, also has some LIHEAP funding that is under a different formula mechanism, as I understand it. It is quite possible, if not probable, that that bill is also going to pass.
If it does, we then have a situation which is somewhat murky, but, as best we can tell, whichever bill gets to the President last for his signature will be the bill that dictates the formula funding for this fiscal year. I put that into the Record simply because I think all Members of the Chamber need to know that.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, I yield 5 minutes to the gentleman from Ohio (Mr. Regula).
(Mr. REGULA asked and was given permission to revise and extend his remarks.)
Madam Speaker, I yield 3 minutes to the gentleman from New Hampshire (Mr. Bradley).
Madam Speaker, I yield 2 minutes to the gentleman from Ohio (Mr. Regula).
Madam Speaker, I yield myself the balance of my time.
I have nothing but the utmost support for Mr. Regula and the appropriators. All the Members, the rank and file Members, the full committee chairman, the subcommittee chairman, but I want to disagree with his premises slightly.
In most cases, a program like LIHEAP is funded from general revenue, and what Mr. Regula said is absolutely true, absolutely true. In this case, the budget reconciliation package for the fiscal year 2007 or the budget reconciliation package that we just passed, the Energy and Commerce Committee, on a bipartisan basis, worked to offset by saving in other areas of our jurisdiction so that we could plus-up LIHEAP by $1 billion. So the LIHEAP money that is before us today in the bill that is coming over from the other body has been paid for.
Now, it is true as the gentleman from Ohio said that that money was supposed to be spent in fiscal year 2007, but it is also true that we need additional funds for 2006. And we are going to need additional funds, in all likelihood, in the warm weather States this summer, because of the expected heat. We have already had a record heat wave in Texas 2 weeks ago. It was 95 degrees. I will pledge to Mr. Regula and Mr. Lewis and Mr. Obey and all the folks, the appropriators, that if we get the will of our leadership, I am willing to engage in another reconciliation package to find offsets for next year. I think that is only fair so that we help our appropriators.
But we have a bill before us that if we affirmatively pass it like the other body has, it is going to go to the President's desk. It is going to be signed. There will be additional funds to help both the cold weather and the warm weather States. And I would hope that we would, while we have nothing but respect for Mr. Regula, that we would oppose his motion to oppose this bill. Pass it. Send it to the President so that we could get his signature and allocate these funds to the most needy of Americans in both the warm weather and cold weather States.
I ask for a yea vote.
Madam Speaker, I yield back the balance of my time.
Mr. President, today I rise to address the rising costs faced by Americans as they try to heat their homes this winter. Obtaining affordable heating assistance each winter, and cooling assistance…
Mr. President, today I rise to address the rising costs faced by Americans as they try to heat their homes this winter. Obtaining affordable heating assistance each winter, and cooling assistance during the summer months, is critical to hundreds of thousands of Pennsylvanians and millions of Americans. Unfortunately, projections from the Energy Information Administration this January show that on average, consumers will spend nearly 35 percent more for natural gas this winter than they did last winter.
The primary Federal heating assistance program is the Low-Income Home Energy Assistance Program. I represent a Commonwealth that depends heavily on this program. My State also has a high percentage of elderly citizens; they are especially vulnerable to cold winter temperatures. Overall, the Pennsylvania Department of Public Welfare reports that it distributed LIHEAP funds to approximately 462,000 households during the 2004-2005 winter, with 128,000 of these recipients being elderly.
While I am pleased that my Commonwealth ranks second in the Nation in the total Federal LIHEAP assistance distributed, more has to be done to help Pennsylvanians in need. At current funding levels, only 15-percent of LIHEAP-eligible households are served in my home State.
As a member of the Special Committee on Aging, I am pleased that Chairman Smith has recognized the importance of this program for many low-income senior citizens. This past June, my colleague from Oregon convened a hearing to examine the effect of energy prices on the elderly. However, much has changed across the national energy landscape since that hearing. The tragedies of Hurricanes Katrina and Rita put severe pressure on our energy industries, increasing costs of oil and natural gas. Now that the winter has arrived, the increasing cost of home heating fuel weighs heavily on the minds of the elderly and low- income individuals, and it is time for the Senate to further address this vital issue.
In the beginning of January, I chaired a field hearing for the Special Committee on Aging near my hometown of Pittsburgh, PA, to revisit this critical issue and hear from a variety of witnesses about ways in which the Government and private sector are helping the elderly and others stay warm. Representatives from the Department of Health and Human Services, Department of Energy, Pennsylvania State Department of Public Welfare, and private sector organizations and utilities testified in support of LIHEAP.
The testimony of Pennsylvania State secretary of public welfare Estelle Richman was especially troubling. Secretary Richman testified that, by December 30, 2005, her agency had received over 320,000 LIHEAP applications. This is a 5 percent increase over 2005, which means that over 17,000 additional Pennsylvania households have requested heating assistance already this winter. Furthermore, the Pennsylvania Department of Public Welfare has already seen a 15-percent increase in crisis home heating assistance applications.
Pennsylvania is not alone in facing such difficulties. According to Assistant Secretary for the Administration for Children and Families, Wade Horn, his agency assists nearly 5 million households each year. However, those who are eligible for these benefits far outnumber those who receive this assistance.
As a Senate, we need to address this growing national problem. Each winter, our Government is faced with distributing emergency LIHEAP funds, while millions of Americans are stuck out in the cold. This past year, we tried, in a bipartisan fashion, to appropriate additional funding for LIHEAP. Unfortunately, we were not able to garner enough support for those provisions to pass.
This year we find ourselves in a worse situation than we did last year. When I travel throughout Pennsylvania, I continually hear from my constituents their concerns about rising energy costs and what we, the Congress, are doing to help. Now we have our chance to provide additional assistance that will benefit millions of Americans in the short term. However, while we need to pass this additional LIHEAP funding, we also need to look toward long-term solutions for our Nation's energy needs.
As we are all aware, there is no one solution to our Nation's energy problems. However, by increasing our domestic supplies and production capacity, we can take steps towards lowering the cost of energy for all Americans. We also need to promote alternative energy solutions that utilize state-of-the-art technological advancements like coal-to-liquid fuel advancements. Without this combination of current and new technologies, the costs faced by consumers at the pump and in their home heating bills will only continue to increase.
While this is clearly a long-term problem that we, as a body, need to address, I am proud to support my colleague from Maine, Senator Snowe, in her effort to provide additional LIHEAP funding this winter. This measure will assist thousands of Pennsylvanians and millions across the country. For this, as well as the reasons I have cited, I urge my colleagues to support this measure that assists countless senior citizens and low-income Americans.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. How much time remains on our side? Mr. President, my preference would have been that this bill not go forward…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
How much time remains on our side?
Mr. President, my preference would have been that this bill not go forward simply because I believe this legislation is not paid for. It would be different if the proponents of this legislation had truly paid for it, in other words, offset this spending. Instead of offsetting this spending, they take in the money from next year, bring it into this year and then will try next year to restore the money. If they would have said: This is the priority, let's reset our priorities and let's cut some other type of spending to pay for this, the legislation would have been a lot more acceptable.
That is the reason we raised the budget point of order last week against this legislation. We lost on that budget point of order. So now it looks as though the legislation has a chance of moving forward, and we have to determine how the money is spent. Is it fair to spend it across the country, or should it benefit some States at the expense of other States?
The LIHEAP program is set up with a very complex formula. It is assistance for those people who are low income, who need help with their heating oil or with air conditioning expenses--for those who live in hot States such as myself, or in Arizona, or some of the other southern States around the gulf coast.
The reason people are seeking this increase is because natural gas has exploded in price. Obviously, heating oil has done the same. So there is a need out there for assistance and we don't deny that. We think there is legitimacy to meeting that need. But it is a question of how do we now disburse this money fairly to the States.
Let me get back to the LIHEAP formula--how we determine how the money goes to the various States. It was set up a long time ago when this program was first put in effect that it would benefit more of the colder States. When it was set up, the first amounts of money would go in and mostly benefit those cold weather States; and then if there was more money put into the program, it would be distributed more fairly to help States that are warmer. The proponent has put forward that three- quarters of the money would go to continue to help those States that are in the colder regions of the country, and 25 percent of the money would then be distributed kind of equally across the country. That is not the way the program was intended to be set up.
Additional moneys are supposed to be distributed fairly across the board. Mr. President, 28 out of the 50 States would lose under Senator Snowe's bill; 22 States would benefit. Those same 22 States benefit under the moneys that have already been spent this year--more than the other States benefit.
We are not going to win the cloture vote. We fully admit that. We lost on a budget point of order, so we know we are going to lose on a cloture vote. After the cloture vote, there will be at least one amendment to change the formula so that other States are more fairly treated in this program.
I believe this billion dollars should be more fairly distributed across the country. So that is what we are going to attempt to do. We hope all of the Senators will look to see whether their States benefit more under the amendment Senator Kyl and I are going to put forward or benefit under Senator Snowe. If they look from a selfish perspective to their own States, they will vote with our amendment.
I think it is important when you are in the Senate to try to do what is best in the national perspective, but you also look to your State and your State's interest. When there is a pot of money out there, it is our responsibility to look to try to get our States' fair share of that money. That is what I am going to do for Nevada, and I know the Senator from Arizona is going to do that for the State of Arizona.
While this cloture vote will go forward, that doesn't mean we won't have germane amendments--which our amendment is--and that we won't have germane amendments to vote on to more fairly distribute the money.
How much time does the Senator need?
Mr. President, last year, we had a debate on increasing LIHEAP funding, but we had to pay for it last year. We paid for it by allowing drilling in ANWR. The ANWR provision got stripped out in the Senate. So the amount of money to pay for LIHEAP was no longer present. I would like to see drilling in ANWR. I think it is important to diversify our energy supplies in America. The money would have been there and people would not have had objections. I agreed to that last year. This is purely deficit spending even though the proponents of the bill say it is not because of the phony budget games that are played around here. But because it is deficit spending, we are going to try to make sure that the money is spent fairly across the United States. That is what this whole debate is going to come down to in the next day or two.
Mr. President, with that, I reserve the remainder of our time, and I suggest the absence of a quorum.
Mr. President, I yield back the remainder of our time.
Bill Text
4 versions available
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2320 Enrolled Bill (ENR)]
S.2320
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To make available funds included in the Deficit Reduction Act of 2005
for the Low-Income Home Energy Assistance Program for fiscal year 2006,
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. FUNDS FOR LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.
Section 9001 of the Deficit Reduction Act of 2005 is amended--
(1) in subsection (a)--
(A) by striking ``for a 1-time only obligation and
expenditure'';
(B) in paragraph (1), by striking ``$250,000,000 for fiscal
year 2007'' and inserting ``$500,000,000 for fiscal year
2006''; and
(C) in paragraph (2), by striking ``$750,000,000 for fiscal
year 2007'' and inserting ``$500,000,000 for fiscal year
2006'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) Limitation.--None of the funds made available under this
section may be used for the planning and administering described in
section 2605(b)(9) of the Low-Income Home Energy Assistance Act of 1981
(42 U.S.C. 8624(b)(9)).''; and
(4) in subsection (c) (as redesignated by paragraph (2)), by
striking ``September 30, 2007'' and inserting ``September 30,
2006''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.