National Police Athletic League Youth Enrichment Reauthorization Act of 2006

Mr. President, I am pleased to join the chairmen of both the Senate and House Judiciary Committees, the ranking member of the House Judiciary Committee, the Democratic and Republican leaders of both the Senate and the House of Representatives, and members of Congress from both parties to introduce a bill to reauthorize and reinvigorate the temporary provisions of the Voting Rights Act of 1965. The bicameral, bipartisan introduction of this bill reflects not only its historic importance as a guarantor of the right to vote for all Americans, but also the broad consensus that the expiring provisions must be extended this year without delay.

There are few things as critical to our Nation, and to American citizenship, as voting. Like the rights guaranteed by the First Amendment, the right to vote is foundational because it secures the effective exercise of all other rights. As people are able to register, vote, and elect candidates of their choice, their interests and rights get attention. The very legitimacy of our government is dependent on the access all Americans have to the political process.

The Voting Rights Act of 1965 was the result of an historic struggle for civil rights led by such American heroes as Dr. Martin Luther King, Jr., Coretta Scott King and Rosa Parks, who refused to be treated as second-class citizens. That struggle reached a crucial turning point on March 7, 1965, on the Edmund Pettis Bridge in Selma, AL, when State troopers brutally attacked John Lewis and his fellow civil rights marchers who were fighting for their right to vote.

The events of that day, now known as ``Bloody Sunday,'' were captured in newspapers and on televisions across the country, and those powerful images marked a crucial turning point in securing the right to vote for all Americans. A few days after the violence of Bloody Sunday, President Lyndon Johnson outlined the proposed Voting Rights Act of 1965, before a joint session of Congress. Within months, Congress passed it so that the Constitution's guarantees of equal access to the electoral process, regardless of race, would not be undermined by discriminatory practices.

The enactment of the Voting Rights Act in 1965 transformed the landscape of political inclusion. Prior to the Act, minorities of all races faced major barriers to participation in the political process, through the use of such devices as poll taxes, exclusionary primaries, intimidation by voting officials, language barriers, and systematic vote dilution. We have made great gains since that time, but our work is not finished. The record established in 10 hearings in the House of Representatives indicates that the tools provided by the expiring provisions of the Voting Rights Act remain necessary for protecting the voting rights of minority Americans in this country.

Among the Act's most critical protections are the pre-clearance provisions of Section 5, which prevent discriminatory laws from going into practice. The Voting Rights Act Reauthorization and Amendments Act of 2006 would extend these protections for 25 years, retaining the most effective measures to fight certain kinds of pervasive and recurring discrimination.

The insidious discriminatory tactics that led to the original Voting Rights Act were deeply rooted. In the annals of our Nation, this fight dates back almost 100 years, to the ratification of the 15th Amendment in 1870, the last of the post-Civil War Reconstruction amendments. It took implementation of the Voting Rights Act of 1965 for people of all races in many parts of our country to gain the effective exercise of rights guaranteed 95 years earlier by the 15th Amendment. The pre- clearance provisions were one of the primary reasons this Act succeeded where earlier attempts had failed. Section 5 requires certain covered jurisdictions with a history of discrimination to pre-clear all voting changes with either the Department of Justice or the U.S. District Court for the District of Columbia. In doing so, Section 5 combats the practices in these jurisdictions of shifting from one invalidated discriminatory tactic to another, which had undermined earlier efforts to enforce 15th Amendment guarantees.

We have made significant progress toward a more inclusive democracy over the past four decades since the enactment of the Voting Rights Act in 1965. However, I fear that if we fail to reauthorize the expiring provisions of the Voting Rights Act, our country is likely to backslide. We must make sure those gains do not suffer the same fate as the gains in voting rights made during Reconstruction.

After the Civil War, the Reconstruction Act promised that the guarantees of the 15th Amendment would be realized. Between 1870 and 1900, 22 African Americans served in the United States Congress. In 1868, Louisiana elected an African-American Lieutenant Governor, Oscar Dunn, and 87 African Americans held seats in the South Carolina legislature. However, these Reconstruction-era gains in African- American voting and representation proved to be short-lived. Following the end of Reconstruction, the rights of African Americans to vote and to hold office were virtually eliminated in many areas through discriminatory legal barriers, intimidation, and violence. The changes were swift, systematic and severe. By 1896, Representative George White of North Carolina was the only African American remaining in the U.S. Congress, and it would take 72 years after Representative White left Congress for African-American voters in the South to elect another candidate of their choice to Congress.

In Mississippi, the percentage of African-American voting-age men registered to vote fell from more than 90 percent during Reconstruction to less than 6 percent in 1892. Between 1896 and 1900, the number of African-American voters in Louisiana was reduced from 130,000 to a mere 5,000. Unlike their short-lived gains made during Reconstruction, African-American voters' exclusion from the ballot box was persistent. Only 3 percent of voting-age African-American men and women in the South were registered to vote in 1940, only 1 percent in Mississippi-- just 1 percent. These numbers are staggering, and they provide a history lesson we should not ignore.

As part of the Voting Rights Act reauthorization in 1975, Congress added Section 203, which requires bilingual voting assistance for certain language minority groups. This provision was enacted pursuant to congressional power to enforce the 14th and 15th Amendments. Section 203 has been a key factor to expanding the inclusiveness of democracy to all citizens and has led to extraordinary gains in representation and participation made by Asian-American and Hispanic-American citizens. Like Section 5, Section 203 is expiring in 2007. The Voting Rights Act Reauthorization and

Amendments Act of 2006 would extend these critical protections for 25 years.

Hispanic-American populations have been one of the primary minority language groups to benefit from the protections of the bilingual provisions of the Voting Rights Act. For example effective implementation of the bilingual provisions in San Diego County, CA, helped increase voter registration by more than 20 percent. And voter turnout among Hispanic Americans in New Mexico rose 26 percent between 2000 and 2004 after television and radio spots in Spanish educated listeners about voter registration and absentee ballots.

Voting rights belong to people who are American citizens. They are trying to vote but many of them are struggling with the English language due to disparities in education and the incremental process of learning. It is imperative that all citizens be able to fully exercise their rights as citizens, particularly a right as fundamental as the right to vote. Renewing the expiring language provisions of the Voting Rights Act will continue to help make that a reality.

Rather than merely extending the Voting Rights Act, Congress now has an opportunity to reinvigorate the Act, strengthening and improving its remedies. The Voting Rights Act Reauthorization and Amendments Act of 2006 does so by clarifying certain parts of Section 5 to give clear guidance to the Courts and to restore the original understanding of the Act. Two recent Supreme Court decisions have significantly narrowed Section 5's effectiveness and undermined the purposes of the Act.

The Voting Rights Act Reauthorization and Amendments Act of 2006 remedies the Supreme Court's holding in Reno v. Bossier Parish, by making clear that a voting rule change motivated by any discriminatory purpose violates Section 5. Under the holding in Reno v. Bossier Parish, certain voting rule changes passed with the intent to discriminate against minorities could pass Section 5 muster. Because such an interpretation is inconsistent with purposes of the Voting Rights Act to eliminate discriminatory tactics that undermine the guarantees of the 15th Amendment, the Voting Rights Act Reauthorization and Amendments Act fixes this inconsistency by clarifying that a voting rule change motivated by any discriminatory purpose also cannot be pre- cleared.

The Voting Rights Act Reauthorization and Amendments Act of 2006 also remedies the Supreme Court's holding in Georgia v. Ashcroft. Under the test established in Georgia for assessing a jurisdiction's challenge to denial of Section 5 pre-clearance, the court can give greater weight to numerous undefined considerations than to the ability of a minority community to elect a candidate of its choice. This test is as difficult to administer as it is contrary to the purposes of the Act. This act fixes both of these problems by restoring the original understanding that the purpose of the Voting Rights Act is to protect the minority community's ability to elect their preferred candidates of choice and by setting forth defined factors.

In addition to restoring the Act's original meaning, this Act makes changes to the expiring Federal examiners and observers provisions to better allocate resources for combating discrimination in voting. The Voting Rights Act provides for Federal examiners to ensure that legally qualified persons are free to register for Federal, State, and local elections and that observers to observe whether citizens who are eligible to vote are able to exercise the right to vote. Federal observers are the most frequently used federal oversight tool in voting and the only Federal officials authorized to enter polls and places where votes are tabulated. This Act eliminates Federal examiners because they have not been appointed to jurisdictions certified for coverage in more than 20 years, and other laws such as the Help America Vote Act now address the concern of voting rolls. At the same time, the bill strengthens the observers provisions to allow the assignment of federal observers upon finding that there is a reasonable belief that a violation of the 14th or 15th Amendments will occur, without having to first certify federal examiners.

The Voting Rights Act Reauthorization and Amendment Act also removes an impediment to effective protection of voting rights by authorizing the prevailing party in a lawsuit brought under Section 2 to recover expert costs as part of the attorney fees already authorized. This will have a significant impact on the ability of litigants to successfully combat discrimination in court.

The process of reauthorization began in the House of Representatives, where Representatives Nadler, Chabot and Watt presided over 10 hearings on the effectiveness and continuing need for the expiring provisions of the Voting Rights Act. Last week, the distinguished House Judiciary chairman and ranking member appeared before the Senate Judiciary Committee and introduced the extensive record from those hearings. I am grateful for the hard work that has been done in the House, and I want to thank Chairman Specter for agreeing to move forward promptly with Senate Judiciary Committee hearings on the expiring provisions.

Congress has reauthorized and revitalized the Act four times, each time with overwhelmingly bipartisan support. As I noted last week in welcoming the House Judiciary chairman and ranking member, we are repeating the bicameral and bipartisan process of the 1982 reauthorization. In 1982, Chairman Specter and I were both Members of the Judiciary Committee, along with Senators Kennedy, Biden, Hatch and Grassley. Under the chairmanship of Senator Strom Thurmond, reauthorization was reported by the Judiciary Committee and passed both houses of Congress. I am hopeful that our Committee can accomplish the work that needs to be done and report this bill to the full Senate before the Memorial Day recess.

The Voting Rights Act of 1965 is one of the most important laws Congress has ever passed, helping to usher the country out of a history of discrimination and into the greater inclusion of all Americans in the decisions about our Nation's future. Our democracy and our Nation have been better and richer for it. While I hope some day these extraordinary remedies are not needed, I urge the Senate to build on the work done in the House of Representatives to extend the expiring provisions so that we can eliminate recurring discrimination and make sure that the gains we have made are not lost. I am heartened that this is not a partisan issue benefiting one party or another. Rather, as demonstrated by the bicameral and bipartisan process we continue for reauthorizing and revitalizing the Act's expiring provisions, this is about making our democracy reflect the will of all of the American people.

Mr. President, this week, the first week of May, is National Cover the Uninsured Week. Now in its fourth year, it is the largest nonpartisan effort in our Nation's history to raise awareness on the staggering numbers of Americans who do not have health insurance.

Forty-six million Americans have no health insurance--including more than 8 million children. In Alaska, 110,000 people do not have health insurance--that is nearly 17 percent of our population. One-half of Alaska's uninsured live in a household with a least one child.

Being uninsured too often means going without needed care--and minor illnesses can become major ones simply because health care is delayed. Over a third of Alaska's uninsured reported that they didn't seek medical care for themselves or their family when it was needed. Why? Because they couldn't afford it. An estimated 18,000 uninsured Americans die each year because they received too little care, too late.

Most of these individuals and families are hard-working Americans-- just making it from paycheck to paycheck. In fact, 8 out of 10 of uninsured Americans either work or are in working families.

To help those working families, I join Senator Santorum and Senator Dole in introducing the Helping Working Americans Afford Health Coverage Act of 2006. The goal of this bill is to make health coverage more affordable and accessible to the working populations with the greatest needs.

This bill creates a progressive, refundable health care tax credit targeted toward low- and moderate-income individuals and families which can be used for health savings account-eligible health insurance. Recent studies show that low- and moderate-income Americans and those previously uninsured are enrolling in health savings accounts or HSAs. More than one-third of HSA purchasers last year had incomes under $50,000 per year, and one-third of individual HSA purchasers last year were previously uninsured.

Specifically, the refundable tax credit would provide a subsidy of up to 90 percent of the cost of health care coverage, up to a maximum credit of $1,000 per adult and up to $3,000 for a family. Additionally, the credit will be advanceable so that an individual or family would not have to wait to be reimbursed to purchase coverage.

This bill also contains an important provision to address the higher health care costs and higher poverty levels in the noncontiguous States of Alaska and Hawaii. In Alaska, the qualifying income thresholds for both individual Alaskans and Alaskan families are increased by 25 percent.

Though the Helping Working Americans Afford Health Coverage Act is not as comprehensive as S. 160, the SAVE Act, Securing Access, Value and Equality Act--legislation that I introduced

earlier in the Congress--it is still an important first step in addressing the needs of the uninsured.

The National Association of Health Underwriters states that this bill ``will provide much needed relief by providing a refundable tax credit that can be used for both their health insurance policy premiums and as a deposit into their HSA account This (bill) will provide individuals with ready access to health care while encouraging them to become more engaged in the process of obtaining health care.''

Mr. President, helping Americans afford insurance saves money in the long run. Between $65 billion and $130 billion of public health dollars are spent on treating acute patients. Much of this could be saved if only those individuals received preventative care.

Making health insurance more affordable will make a real difference to the Nation's physical and economic health. I am proud of Alaskans and all Americans who have united during National Cover the Uninsured Week and are bringing attention to this national health care crisis. I ask my colleagues to take an important step in helping the uninsured by supporting the Helping Working Americans Afford Health Insurance Act of 2006.

Mr. President, today I join Senators Specter, Feinstein, Biden, Kerry, Boxer, Schumer, Nelson of Florida, Menendez, Dodd, Kennedy, Lautenberg, Durbin, and Lieberman to introduce a bill to reauthorize the Police Athletic/Activities League, better known as PAL. These local youth crime prevention programs, run by police officers nationwide, provide after-school educational, athletic, and recreational opportunities for the communities they serve.

The first PAL chapter was founded in the 1910s in New York. The growth since then has been tremendous, and there are now over 330 PAL chapters in 38 States, DC, the Virgin Islands, Canada, and Nigeria, serving approximately 2 million children between the ages of 5 and 18. In my own home State of Ohio, we are fortunate enough to have 28 of these outstanding organizations.

Studies conducted in Eastlake, OH, and Portland, OR, have shown a substantial drop in the juvenile crime rate in those two cities upon the creation of a PAL chapter. These chapters make a point to serve those most in need. For example, 50 percent of the kids involved in the 28 Ohio chapters come from families with a median income of less than $20,000.

PAL chapters provide kids with a wide range of activities. One chapter in Ohio, for instance--the Chillicothe-Ross County Police Athletic League--has offered dances, films, rap contests, and programs in archery, art, basketball, bowling, boxing, computers, cooking, CPR, fishing, fitness, lacrosse, nutrition, paint ball, running, tumbling, volleyball, and weightlifting. Other chapters around the country have offered programs like chess, flag football, junior golf, homework clubs and hydroponic gardening. In addition--through their Youth Leadership Council--PALs provide a setting for kids to learn important skills to assist them in becoming the leaders of tomorrow.

But, the Police Athletic/Activities League does more than merely provide after-school activities to kids who may not otherwise have access to tutoring or athletic facilities. PAL provides them with mentors and positive role models. In addition, PAL programs help teach kids that their relationship with law enforcement need not be one that is ``us vs. them;'' instead, to quote National PAL, itself, the relationship can be one of ``cops and kids together--providing solutions through sports and education.''

The money provided by this reauthorization bill would enable PAL programs to continue their current programs and also expand--at a rate of 50 chapters per year--into areas where kids can truly benefit from the good work of the PAL.

The PAL has been a success for over 90 years, and the Senate consistently has supported this outstanding organization. We passed the National Police Athletic League Youth Enrichment Act of 2000 by unanimous consent, and I urge my colleagues to continue to support the PAL with this reauthorization.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, today I join Senators Specter, Feinstein, Biden, Kerry, Boxer, Schumer, Nelson of Florida, Menendez, Dodd, Kennedy, Lautenberg, Durbin, and Lieberman to introduce a bill to reauthorize the Police Athletic/Activities League, better known as PAL. These local youth crime prevention programs, run by police officers nationwide, provide after-school educational, athletic, and recreational opportunities for the communities they serve.

The first PAL chapter was founded in the 1910s in New York. The growth since then has been tremendous, and there are now over 330 PAL chapters in 38 States, DC, the Virgin Islands, Canada, and Nigeria, serving approximately 2 million children between the ages of 5 and 18. In my own home State of Ohio, we are fortunate enough to have 28 of these outstanding organizations.

Studies conducted in Eastlake, OH, and Portland, OR, have shown a substantial drop in the juvenile crime rate in those two cities upon the creation of a PAL chapter. These chapters make a point to serve those most in need. For example, 50 percent of the kids involved in the 28 Ohio chapters come from families with a median income of less than $20,000.

PAL chapters provide kids with a wide range of activities. One chapter in Ohio, for instance--the Chillicothe-Ross County Police Athletic League--has offered dances, films, rap contests, and programs in archery, art, basketball, bowling, boxing, computers, cooking, CPR, fishing, fitness, lacrosse, nutrition, paint ball, running, tumbling, volleyball, and weightlifting. Other chapters around the country have offered programs like chess, flag football, junior golf, homework clubs and hydroponic gardening. In addition--through their Youth Leadership Council--PALs provide a setting for kids to learn important skills to assist them in becoming the leaders of tomorrow.

But, the Police Athletic/Activities League does more than merely provide after-school activities to kids who may not otherwise have access to tutoring or athletic facilities. PAL provides them with mentors and positive role models. In addition, PAL programs help teach kids that their relationship with law enforcement need not be one that is ``us vs. them;'' instead, to quote National PAL, itself, the relationship can be one of ``cops and kids together--providing solutions through sports and education.''

The money provided by this reauthorization bill would enable PAL programs to continue their current programs and also expand--at a rate of 50 chapters per year--into areas where kids can truly benefit from the good work of the PAL.

The PAL has been a success for over 90 years, and the Senate consistently has supported this outstanding organization. We passed the National Police Athletic League Youth Enrichment Act of 2000 by unanimous consent, and I urge my colleagues to continue to support the PAL with this reauthorization.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today on behalf of our Nation's veterans and military heroes to introduce the ``Heroes Healthcare Eligibility Act of 2006.'' This legislation would recognize the sacrifices and contributions of our Nation's military heroes by ensuring that our military heroes have full access to VA health care.

Since January 2003, the Secretary of Veterans Affairs has used his authority under current law to prohibit Priority 8 veterans from enrolling in the VA health care system. Priority 8 veterans are those with no service-connected disability and have an income of over $26,902. To date, more than 260,000 of these supposed ``middle-income'' veterans have been turned away from the VA health care system.

I was dismayed to learn that the group of Priority 8 veterans may include thousands of war heroes, who were awarded medals for valor in combat but are ineligible for health care because of income limitations. Lou Green, a Korean war veteran and veterans advocate, brought a case to my attention where a multiple Silver Star award winner was denied access to care. This particular veteran had income just slightly above the means test limit but was told that his award ``meant nothing'' for getting VA health care.

This bill would recognize those veterans who have been awarded the Silver Star Medal or higher for valor and give them access to VA health care on par with former POWs; service connected veterans rated 10 percent or 20 percent disabled and all those who have received a Purple Heart. From World War II to present, more than 134,000 servicemembers have been awarded either the Silver Star, Air Force Cross, Navy Cross, Distinguished Service Cross or the Medal of Honor.

I would tell my colleagues that there is precedent for establishing priority eligibility for a veteran's benefit as a result of being awarded a military decoration. As I mentioned before, today combat veterans in receipt of a Purple Heart are eligible for VA health care, as they fall into the third priority group. Also, current policy at Arlington National Cemetery gives eligibility for full-body burial to those who have been awarded the Silver Star or higher for valor or are in receipt of the Purple Heart.

As much as I would like to reopen the doors to VA health care for all Priority 8 veterans, this legislation to recognize our Nation's military heroes is a step in the right direction. It is time our decorated military heroes receive the recognition they so richly deserve. I urge my colleagues to join me in making this needed change to VA's health eligibility for our military heroes a reality.