A bill to facilitate shareholder consideration of proposals to make Settlement Common Stock under the Alaska Native Claims Settlement Act available to missed enrollees, eligible elders, and eligible persons born after December 18, 1971, and for other purposes.
Legislative Activity
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Became Public Law No: 109-179.
March 13, 2006
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Introduced in Senate
February 17, 2005
Sponsor introductory remarks on measure. (CR S1661-1662)
February 17, 2005
Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S1662)
February 17, 2005
Committee on Indian Affairs. Ordered to be reported without amendment favorably.
June 29, 2005
Committee on Indian Affairs. Reported by Senator McCain without amendment. With written report No. 109-112.
July 28, 2005
Placed on Senate Legislative Calendar under General Orders. Calendar No. 182.
July 28, 2005
Passed Senate without amendment by Unanimous Consent. (consideration: CR S13594; text: CR S13594)
December 14, 2005
Received in the House.
December 14, 2005 • 8:45 PM
Message on Senate action sent to the House.
December 14, 2005
Referred to the House Committee on Resources.
December 14, 2005
Mr. Renzi moved to suspend the rules and pass the bill.
February 28, 2006 • 2:17 PM
Considered under suspension of the rules. (consideration: CR H393-394)
February 28, 2006 • 2:17 PM
DEBATE - The House proceeded with forty minutes of debate on S. 449.
February 28, 2006 • 2:17 PM
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H394)
February 28, 2006 • 2:20 PM
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H394)
February 28, 2006 • 2:20 PM
Motion to reconsider laid on the table Agreed to without objection.
February 28, 2006 • 2:20 PM
Cleared for White House.
February 28, 2006
Message on Senate action sent to the House.
March 1, 2006
Presented to President.
March 2, 2006
Signed by President.
March 13, 2006
Became Public Law No: 109-179.
March 13, 2006
Floor Debate
23 membersWhat members said about S. 449 on the floor
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Floor Debate
23 membersWhat members said about S. 449 on the floor
Mr. President, today I am introducing comprehensive legislation to ensure the reliable delivery of electric power in the United States. Last Congress, in August of 2003, nearly 50 million people in…
Mr. President, today I am introducing comprehensive legislation to ensure the reliable delivery of electric power in the United States.
Last Congress, in August of 2003, nearly 50 million people in the Northeast and Midwest were affected by a massive power outage. This event emphasized the vulnerability of the U.S. electricity grid to human error, mechanical failure, and weather-related outages. We must act to protect the grid from devastating interruptions in the future. That is why I am introducing this bill today to ensure greater reliability in our electricity delivery system.
My bill, the Electric Reliability Security Act of 2005, will help achieve reliability and security of the electricity grid in an efficient, cost-effective, and environmentally sound manner. It does so by creating mandatory, nationwide electric reliability standards.
The bill also mandates regional coordination in the siting of transmission facilities, and provides $10 billion dollars in loan guarantees to finance ``smart grid'' technologies that improve the way the grid transmits power.
While a $10 billion dollar investment may seem to be a large investment, it is significantly less than the transmission cost estimates that have circulated following the Northeast blackout. Industry experts estimated that it would cost consumers as much as $100 billion dollars to upgrade transmission systems and site new lines to meet future reliability needs.
However, even this hefty price tag does not factor in the costs of additional generation, does not consider the rising cost of natural gas due to increasing electricity consumption, and does not include the environmental and other social costs of continued expansion of our presently centralized power system. Power lines are expensive and are rarely welcomed by the nearby public. The loan guarantees in the bill will help balance the need for new transmission lines by providing federal resources to help improve existing ones.
In addition to addressing system operation and transmission needs, the bill also promotes sound system management. It establishes a Federal system benefits fund as a match for state programs. Historically, regulated electric utility companies have provided a number of energy-related public services beyond simply supplying electricity that benefit the system as a whole. Such services have included bill payment assistance and energy conservation measures for low-income households, energy efficiency programs for residential and business customers, and pilot programs to promote renewable energy resources. More than 20 states, including my home state of Vermont, have public benefits programs. This bill will provide needed federal matching money to States for these programs. Our states can use these funds. They will be able to move more quickly to deploy these low-cost strategies with federal help.
The Alliance to Save Energy estimates that a federal program to match existing state public benefits programs would save 1.24 trillion kilowatt-hours of electricity over 20 years, and cut consumer energy bills by about $100 billion dollars. Mr. President, my bill, which has the potential to save consumers $100 billion dollars is far preferable to raising consumer electricity bills by the $100 billion dollars to raise money for grid expansion. My Vermont constituents would prefer to keep the lights on, and their money in their own pockets. The bill also establishes energy efficiency performance standards for utilities. The United States has experienced tremendous growth in electricity consumption over the past decade. Current estimates are that electricity consumption is increasing at roughly 2 percent per year.
Between 1993 and 1999, U.S. summer peak electricity use alone increased by 95,000 megawatts. This is the equivalent of adding a new, six-state New England to the nation's electricity demand every fourteen months. Energy experts estimate that as much as 50 percent of expected new demand over the next 20 years can be met through consumer efficiency and load management programs. Over the past two decades, utility demand-side efficiency programs have avoided the need for more than 100 300-megawatt power plants. However, with the advent of electricity deregulation, utility spending on these efficiency programs has dropped by almost half. The federal government should seek to correct this trend, and this bill takes a strong first step in that direction by phasing in a requirement that utilities reduce their peak demand for power and their customers' power use between 2006 and 2015.
Finally, the bill enacts standards that enable increased on-site, or distributed, generation to reduce pressure on the grid and lessen the impact of a blackout should one occur. We have an obligation, Mr. President, to ensure that the electricity grid is secure. We currently have a giant system consisting of almost 200,000 miles of interconnecting lines that constantly shift huge amounts of electricity throughout the country. Such a giant and complex system, traversing miles of city and countryside, is inevitably subject to unforseen problems. Simply making it bigger will never take away all uncertainty, nor can it eliminate the vulnerability of the grid to sabotage or terrorist attack. We should do all we can to make certain such vulnerabilities are reduced.
In summary, I am introducing this legislation because I feel that we should be cautious in our assumptions that the answer to our nation's reliability woes lies primarily in building a bigger, more expansive grid. Simply building more transmission lines is not the answer. Investments in energy efficiency and on-site generation can significantly improve the reliability of the nation's electricity grid and in most cases will be cheaper, faster to implement and more environmentally friendly than large-scale grid expansion. We also must fill the regulatory gaps in the system, which my bill does. Congress should establish mandatory reliability standards and close other regulatory gaps left by state deregulation of the electricity sector. In addition, no national reliability program will be effective or complete without strong incentives for demand-side management programs for efficiency and for on-site generation.
We cannot solve today's energy problems with yesterday's solutions. My bill is an innovative approach to ensuring electric reliability by maximizing energy efficiency, regulatory efficiency, and efficient investment. Given the high costs of power outages to our country, we cannot afford to do otherwise.
I invite my colleagues to join me in my efforts to advance energy security and reliability in the United States. I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to introduce the Renewable Energy Investment Act of 2005 to accelerate the use of clean, domestic renewable energy sources as an integral part of our Nation's electrical generation.
A recent episode of the television show, West Wing, portrayed renewable energy as science fiction. The truth is closer to Reality TV.
Eighteen States, plus the District of Columbia, have already instituted minimum renewable standards. This bill would establish a national renewable portfolio standard requiring that, by the year 2020, 20 percent of U.S. electricity be derived from clean, domestically produced renewable energy including wind, solar, biomass, geothermal and wave energy.
As the ranking member of the Senate Environment and Public Works Committee, I think obtaining 20 percent of our country's electricity from renewable energy represents the modest end of what we could achieve.
Let me offer five reasons why I believe we need a national commitment to encourage renewable power.
First, renewable power would help consumers by reducing electricity prices. According to data provided by the Bush administration's Energy Department, a 20 percent renewables requirement similar to that set forth in the bill I am introducing today would lower consumer energy costs by the year 2020. Why? Because adding additional renewables to our energy mix will decrease the pressure on natural gas supplies, bringing overall costs down.
This point is worth repeating. Despite concerns from those in the fossil fuel and nuclear industries, the Department of Energy has consistently found that a mandatory renewable portfolio standard would not raise overall energy costs and would have no significant adverse impact on America's wallets.
Estimates are that reaching 10 percent renewable energy production by the year 2020 could reduce the demand for natural gas by as much as 1.4 trillion cubic feet, and could reduce the price of natural gas by 6 percent. With the higher renewable portfolio standard in my bill, the price reductions are even greater.
I have received letters from the chemical industry expressing deep concern about the high price of natural gas, and imploring me to take steps to help alleviate shortages and reduce costs.
Much to my consternation, however, neither the chemical industry, nor this administration have addressed the obvious link between increasing renewable energy production and easing demand on natural gas supplies. Instead, their solutions have been to open sensitive lands to more drilling, reduce environmental compliance and advance clean coal technologies.
Whatever merits there may be to some of their suggestions, an obvious step that should be taken is diversifying our energy sector and easing the growing demand on natural gas by promoting other clean energies which can be readily produced on American soil.
The second reason for a national commitment to encourage renewable power is the public health and environmental benefits.
Electricity generation is the leading source of U.S. carbon emissions, accounting for over 40 percent of the total. Carbon dioxide emissions are the primary greenhouse gas, contributing to harmful climate change. A 20 percent renewables requirement would, according to the U.S. Department of Energy, reduce carbon emissions from power plants by up to 18 percent by the year 2020.
A 20 percent renewables requirement would also significantly reduce emissions of sulfur and nitrogen oxides. These pollutants contaminate our water, cause smog and acid rain, and contribute to respiratory illnesses. As a result, a renewable portfolio standard would help alleviate asthma, which has become the most common chronic disease for children.
Coal burning electric power plants are also the largest source of mercury pollution, releasing an estimated 98,000 pounds of mercury directly into the air, and generating an additional 80,000 pounds a year in mercury tainted waste. A renewable portfolio standard would help the estimated five million women and children regularly exposed to mercury at levels that EPA considers unsafe.
And according to the Department of Energy, these public health benefits would be achieved without raising consumer energy costs.
Third, a 20 percent renewable portfolio standard would enhance our national security by diversifying our energy supply. As we increase our reliance on natural gas, much of the demand may have to be met by liquified natural gas shipped to the U.S. from other countries. It is unthinkable that we should sink to greater reliance on foreign fuel imports when we have abundant, inexhaustible renewable energy right here.
Further, much of the U.S. energy system including power plants, refineries, and pipelines, present significant safety and security risks. Renewable energy facilities are generally smaller, more geographically dispersed and do
not involve disposal or transportation of radioactive or combustible materials.
A 20 percent renewable portfolio standard such as I offer today will help bring the costs of on-site generation down even further, making providing your own electricity a reality for a growing number of homes and facilities. In these times when we worry about the potential security of our energy grid, that option becomes increasingly attractive.
Fourth, a national renewable portfolio standard builds on the successful experiments by the States. To date, 18 States, plus the District of Columbia, have adopted mandatory renewable energy standards. These State programs provide excellent incentives for renewable energy. In September 2004, New York created the second- largest new renewable energy market in the country, behind only California, when the state Public Service Commission adopted a standard of 24 percent by 2013. Earlier in 2004, Hawaii, Maryland, and Rhode Island also enacted minimum renewable electricity standards.
Texas has one of the most successful state programs. The Texas Renewable portfolio standard was signed into law by then Governor George W. Bush, and administered by Pat Wood, who now chairs the Federal Energy Regulatory Commission. These men know the value of renewable energy. Texas now has enough wind power to run about 300,000 homes a year, with huge benefits to ranchers who can lease acreage for wind turbines.
However, as good as these State efforts are, they are subject to the inherent limitation that they can only address electricity sales and production within their own State boundaries. Yet as we know, electricity generation and transmission are regional in nature. State renewable requirements alone cannot provide the market and other mechanisms necessary to address regional and national electricity transmission.
But these State programs demonstrate that renewables requirements can work, and operate to the benefit of consumers.
Finally, I call for a national commitment to encourage renewable power because a cleaner energy future is in our grasp. The U.S. has the technical capacity to generate 4.5 times its current electricity needs from renewable energy resources. European investment continues to outstrip U.S. markets, but that is changing. Worldwide, approximately 6,500 megawatts of new wind energy generating capacity were installed, amounting to annual sales of about $7 billion. Almost a third of that came from the United States, which installed nearly 1,700 megawatts of new wind energy in 2001, or $1.7 billion worth of new wind energy generating capacity.
Yet, renewable energy still accounts for only a little over 2 percent of U.S. electricity generation.
It is not that we expect this renewable portfolio standard to make conventional energy sources obsolete. Undoubtedly, fossil, nuclear and other fuels will be with us for some time. But isn't it time that we charted our future with cleaner energies? The potential is there, but we have to give it the assistance of market incentives, as we have traditionally done for our more established fuel sources.
I urge my colleagues to again demonstrate our strong commitment to renewables and support my legislation. I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, it is a pleasure for me to introduce today, along with my colleagues Senators Smith, Collins, Chafee, and Rockefeller, the ``Pathways to Independence Act of 2005.'' This legislation is the product of a bipartisan effort to ensure that those individuals in our welfare system who face the toughest barriers to work, such as individuals with disabilities or substance abuse problems, are provided the best opportunity for future success and productivity. This legislation gives states the tools and incentives necessary to assist them in moving individuals from welfare to work.
The current welfare system has been widely regarded as a success in moving individuals off the welfare rolls, and states have been given incentives to do so. While this approach has been regarded as successful, it has one major flaw. Although the states are provided incentives for removing people from the welfare rolls, no incentives exist for placing individuals into sustainable employment. States receive the same credit for moving a welfare recipient into a high paying job as they do for sanctioning that person outright. This perverse incentive has been particularly difficult for the many welfare recipients who have disabilities or struggle with substance abuse problems. In many states it is easier to write these people off than to give them the support necessary to become truly independent.
In Vermont, approximately 15 percent of the welfare caseload has been diagnosed with a disability and receive services through the Vermont Department of Vocational Rehabilitation. Vermont's effort to provide these services enables welfare recipients to, move from welfare to work. However, these services are not included in the core work activities allowed under the current welfare law. Vermont receives no credit or incentive for moving these individuals to independence. This policy is wrong. If we truly want welfare to be an initiative that helps people to become independent and self-sufficient, then our policies must reflect our intentions. That is where ``The Pathways to Independence Act of 2005'' comes into play.
The ``Pathways to Independence Act of 2005'' would allow states to count certain rehabilitation services for individuals with disabilities and treatment for substance abuse toward work activities. Here's how it works: the legislation would give states the ability to count a welfare recipient who is engaged in work, or work preparation activities, to participate in a drug treatment program for three months. At the end of this 3-month period, the state would be given the opportunity to re- evaluate the status of the individual and decide whether to continue treatment for an additional 3 months. This is the same process that is envisioned in the ``Personal Responsibility and Individual Development for Everyone (PRIDE) Act'' that the Finance Committee is planning to consider this spring. The PRIDE approach would then require an individual with a severe barrier to meet the same standard as a non- disabled individual. However, the ``Pathways to Independence Act'' would allow the state to continue treatment for the individual, provided that the individual is meeting at least half of the regular work requirements and following their treatment program for the remaining hours.
This is a common sense proposal. It is consistent with the research on providing effective support programs for people with disabilities and effective treatment programs for people struggling with substance abuse leading to sustainable employment. By allowing states to count these individuals in the ``working'' category, we provide the states with the necessary incentives to engage those most difficult to serve in meaningful ways that will help them to work. It will allow the states to place people with disabilities and substance abuse problems on a pathway to independence.
The ``Pathways to Independence Act of 2005'' would supply the states with the tools and incentives necessary to provide welfare recipients with the greatest chance for independence and self-sufficiency. If we truly want to take the necessary steps towards achieving this goal and improving upon our current welfare system, this legislation must be part of any welfare reform reauthorization that is enacted.
I would like to thank the members of the Consortium for Citizens with Disabilities for their help in developing this legislation and their strong letter in support of this initiative. I especially want to thank my colleague from Oregon, Senator Smith, for his commitment to this legislation and all of our cosponsors in this endeavor.
Mr. President, this week the people of my State of Alaska pause to recognize two giant figures in the fight for equal rights and justice under the law, the late Elizabeth and Roy Peratrovich. On…
Mr. President, this week the people of my State of Alaska pause to recognize two giant figures in the fight for equal rights and justice under the law, the late Elizabeth and Roy Peratrovich. On February 16, 2005, the State of Alaska once again observed Elizabeth Peratrovich Day. Activities to celebrate the legacy of Elizabeth and Roy Peratrovich are taking place in schools and cultural centers throughout Alaska this week. This coming Saturday, the Alaska Native Heritage Center in Anchorage will conduct a day-long celebration of the Peratrovich legacy.
Roy and Elizabeth are to the Native peoples of Alaska what Dr. Martin Luther King, Jr., and Rosa Parks are to African Americans. Everybody knows about Dr. Martin Luther King, Jr. and Rosa Parks, but hardly anyone outside the State of Alaska knows about Roy and Elizabeth Peratrovich. Today, I rise to once again share the Peratrovich legacy with the Senate.
Elizabeth was born in 1911, about 17 years before Dr. King. She was born in Petersburg, AK. After college she married Roy Peratrovich, a Tlingit from Klawock, AK, and the couple had three children. Roy and Elizabeth moved to Juneau. They were excited about buying a new home. But they could not buy the house that they wanted because they were Native. They could not enter the stores or restaurants they wanted. Outside some of these stores and restaurants there were signs that read ``No Natives Allowed.'' History has also recorded a sign that read ``No Dogs or Indians Allowed.''
On December 30, 1941, following the invasion of Pearl Harbor, Elizabeth and Roy wrote to Alaska's Territorial Governor:
In the present emergency our Native boys are being called
upon to defend our beloved country. There are no distinctions
being made there. Yet when we patronized good business
establishments we are told in most cases that Natives are not
allowed.
The proprietor of one business, an inn, does not seem to
realize that our Native boys are just as willing to lay down
their lives to protect the freedom he enjoys. Instead he
shows his appreciation by having a `No Natives Allowed' sign
on his door.
In that letter Elizabeth and Roy noted:
We were shocked when the Jews were discriminated against in
Germany. Stories were told of public places having signs,
``No Jews Allowed.'' All freedom loving people were horrified
at what was being practiced in Germany, yet it is being
practiced in our own country.
In 1943, the Alaska Legislature, at the behest of Roy and Elizabeth considered an antidiscrimination law. It was defeated. But Roy and Elizabeth were not defeated. Two years later, in 1945, the antidiscrimination measure was back before the Alaska Terrritorial Legislature. It passed the lower house, but met with stiff opposition in the Territorial Senate.
One by one Senators took to the floor to debate the closely contested legislation. One Senator argued that ``the races should be kept further apart.'' This Senator went on to rhetorically question, ``Who are these people, barely out of savagery, who want to associate with us whites with 5,000 years of recorded civilization behind us?''
Elizabeth Peratrovich was observing the debate from the gallery. As a citizen, she asked to be heard and in accordance with the custom of the day was recognized to express her views.
In a quiet, dignified and steady voice this ``fighter with velvet gloves'' responded, ``I would not have expected that I, who am barely out of savagery, would have to remind gentlemen with 5,000 years of recorded history behind them of our Bill of Rights.''
She was asked by a Senator if she thought the proposed bill would eliminate discrimination, Elizabeth Peratrovich queried in rebuttal, ``Do your laws against larceny and even murder prevent these crimes? No law will eliminate crimes but at least you as legislators can assert to the world that you recognize the evil of the present situation and speak your intent to help us overcome discrimination.''
When she finished, there was a wild burst of applause from the gallery and the Senate floor alike. The territorial Senate passed the bill by a vote of 11 to 5. On February 16, 1945, Alaska had an antidiscrimination law that provided that all citizens of the territory of Alaska are entitled to full and equal enjoyment of public accommodations. Following passage of the anti-discrimination law, Roy and Elizabeth could be seen dancing at the Baranof Hotel, one of Juneau's finest. They danced among people they didn't know. They danced in a place where the day before they were not welcome.
There is an important lesson to be learned from the battles of Elizabeth and Roy Peratrovich. Even in defeat, they knew that change would come from their participation in our political system. They were not discouraged by their defeat in 1943. They came back fighting and enjoyed the fruits of their victory 2 years later.
Twenty-four years before Alaska's statehood and 18 years before Dr. Martin Luther King, Jr. spoke of his dream for racial equity under the law, Alaska had a law protecting civil rights. Elizabeth would not live to see the United States adopt the same law she brought to Alaska in 1945. She passed away in 1958 at the age of 47, 6 years before civil rights legislation would pass nationally.
In addition to the annual observance of Elizabeth Peratrovich Day, the State of Alaska has acknowledged Elizabeth Peratrovich's contribution to history by designating one of the public galleries in the Alaska House of Representatives as the Elizabeth Peratrovich Gallery.
But what about Roy? Why has his role not been recognized? Roy Peratrovich passed away in 1989 at age 81. He died 9 days before the first Elizabeth Peratrovich Day was observed in the State of Alaska. Perhaps it was because Roy was still alive at the time this honor was bestowed, it is Elizabeth who has gotten all the credit for passage of the antidiscrimination
Members of the Peratrovich family tell me that this is not entirely unjustified because without Elizabeth's stirring speech the antidiscrimination law would not have passed. But they also point out, as does the historical record, that Elizabeth and Roy were a focused and effective team. History should recognize that the antidiscrimination law was enacted due to the joint efforts of Roy and Elizabeth Peratrovich. I rise today to do my part toward that end.
Joined by my colleagues, the distinguished senior Senator from Alaska, Mr. Stevens, and my distinguished colleague from the State of Washington, Ms. Cantwell, I am pleased to once again offer legislation to recognize the contributions of Roy and Elizabeth Peratrovich with a Congressional Gold Medal. I invite all of my colleagues to join with me in cosponsoring this important legislation. Congressional Gold
Medals have been awarded to a number of African Americans who have made contributions to the cause of civil rights, among them, Rosa Parks, Roy Wilkins, Dorothy Height, the nine brave individuals who desegregated the schools of Little Rock, Arkansas, and others involved in the effort to desegregate public education.
With the opening of the very popular National Museum of the American Indian last year our Nation is focusing on the many contributions of our first people and the challenges they have faced throughout our Nation's history. It is time that we also acknowledge the work of American Indians, Alaska Natives and Native Hawaiians in the struggle for civil rights and social justice. Honoring Elizabeth and Roy Peratrovich's substantial contribution with a Congressional Gold Medal is a fine start.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, more than 30 years have passed since Congress enacted the Alaska Native Claims Settlement Act which settled the aboriginal land claims of the first inhabitants of Alaska by making each eligible Alaska Native a shareholder in 1 of 13 regional corporations and many of these people shareholders in a village corporation as well. Each of the corporations was capitalized with land and money.
The Alaska Native Claims Settlement Act was a bold experiment, and its implementation was not without controversy. As originally enacted, the law provided that a shareholder of an Alaska Native Corporation could sell his or her stock on or after December 18, 1991, without any intervening action by the corporation.
This provision could have resulted in massive sales of stock by Native shareholders in the ensuing years and caused the wholesale transfer of Native assets to non-Native interests. Thanks to the leadership of the Senator from Alaska, Mr. Stevens, this catastrophe was averted through a series of amendments to the Act, signed into law in 1987, which forbade the sale of corporate stock without the consent of the corporation's shareholders.
This landmark legislation brought an end to the speculation about whether the Native corporations would survive long enough to fulfill the goal that Congress set for them, which was to be the springboard for the economic, social and political empowerment of Alaska's Native people, or alternatively execute the temporary transfer of land and capital which would ultimately end up in non-Native hands. I am proud, that none of the Native corporations have opened their stock to purchase by outsiders. In fact, I see nothing on the horizon to suggest that any of the corporations will take up this question in the foreseeable future.
If history is any guide, the Alaska Native Corporations are destined to remain in Native hands for a long time to come. This is good news for the Native people of Alaska and it is good news for my State as a whole.
I rise today to offer legislation, requested by the Alaska Federation of Natives and the Association of ANCSA Presidents and CEOs, which is intended to address a piece of unfinished business left by the 1987 amendments to the act.
Under the act, as originally passed, stock in an Alaska Native corporation was generally only available to an Alaska Native born on or before December 18, 1971 and those who might inherit stock from a deceased shareholder. The original legislation gave little thought to offering those born after December 18, 1971 a role in the corporation. In effect, the original legislation disenfranchised an entire generation born after the cutoff date from having a stake in the Native corporations. It disenfranchised an entire generation of young people from playing a role in the governance of the Native corporations and from having an ownership interest in their Native lands.
The 1987 amendments allowed the shareholders of a Native corporation to remedy this unintended consequence by allowing new stock to be issued to the descendants of a corporation's original shareholders provided that a majority of the outstanding shares agreed. Under the 1987 amendments, such stock could only be issued to those descendants who had one quarter or more Alaska Native blood. A subsequent technical amendment allowed the stock to be issued to descendants without regard to their blood quantum, at the option of each corporation's shareholders.
Time has demonstrated that the remedy for incorporating the generation
born after December 18, 1971 is an imperfect one. This is sad because one of the most important responsibilities faced by the Board of Directors of any corporation is to plan for its own succession and the succession of the corporation's leadership.
Since 1987, less than a handful of the 13 regional Native corporations have put the question of enrolling the next generation to their shareholders. However, all of the corporations that have considered the question have voted in the affirmative.
Why then have more corporations not taken the question to a vote? The answer seems to lie in the voting requirements imposed by the 1987 amendments, which essentially requires an affirmative vote of a supermajority of the shares represented in person or by proxy at a shareholder meeting. In order for a corporation to obtain an affirmative vote of a majority of its outstanding shares, something of the order of 80 percent of the corporation's stockholders must be represented at the meeting in person or by proxy. Under present law, any shareholder who does not attend the meeting or submit a proxy is deemed to have voted in the negative.
When Doyon, Limited, the regional Native corporation for Interior Alaska, took the question of enrolling the generation of descendants born between 1971 and 1992 to its shareholders at its 1992 annual meeting, some 79.2 percent of the shareholders expressed an opinion in person or proxy. Still, the decision to approve the enrollment passed by the narrowest of margins. This was a record quorum for the corporation, which had 9,061 original shareholders, and the record has yet to be broken.
Sealaska Corporation, the regional Native corporation for Southeast Alaska, had more original shareholders than any other regional Native corporation. Sealaska had 15,700 original shareholders, each owning 100 shares of stock. Sealaska has never enjoyed a quorum of 79.2 percent and is pessimistic that such a quorum could ever be mustered. Accordingly, Sealaska, which has been pondering the question of enrolling the next generation for many years, has been deterred from putting the question to a stockholder vote by the supermajority voting requirement in the 1987 amendment.
Whether Sealaska enrolls the generation born after 1971 is not up to me. It is up to the shareholders of Sealaska. But I think the Congress owes it to the next generation of Alaska Natives to offer a level playing field when it comes to participation in their Native corporations.
In addressing the Alaska Native community, I often make reference to a marvelous book by Alexandra J. McClanahan entitled ``Growing Up Native in Alaska.'' In this book, A.J. profiled 27 Alaska Natives born between 1957 and 1976 and allowed them in their own words to speak about what it means to be an Alaska Native. Some of the people profiled in the book received stock under the 1971 act while others missed the deadline. I will quote from this book for the Record.
One of these 27 Alaska Natives is Jaeleen Kookesh-Araujo, a Tlingit Indian, who grew up in the village of Angoon, AK. Jaeleen is a bright young attorney who works at one of Washington's most respected law firms. She is precisely the type of person who is well positioned to lead her regional corporation, Sealaska, into the future. And she is one of many Alaska Natives who was born after December 18, 1971. Jaeleen has an opportunity to participate in Sealaska's governance because her parents gave her some of their stock as a gift, but she remains concerned that others of her generation have been left out.
This is what Jaeleen said about why it is important to make stock available to the descendants.
I am a shareholder thanks to my parents gifting me shares,
but there are a lot of young people who are never going to be
shareholders. If you have one parent with several children,
they can try to allocate shares to all of them, but some may
be left out. Or, maybe you have a Native child who has been
adopted who doesn't have parents with shares--whatever. There
are going to be a lot of young Native people left out of this
corporate structure, and it's really sad. Eventually, there
may be a problem because you're going to have a lot of
young, talented Alaska Native people going out to get
educated. They're going to have a lot of expertise and
education in ways that might benefit the corporation, and
yet you have to wonder if they're really going to want to
be involved in these Native corporations that they don't
even belong to. I do want to be involved in the Native
corporations because this is my ancestors' land that
they're managing and developing and protecting . . .
I am not going to tell you that each of the 27 young people that A.J. profiled feels the same way. Another young Native profiled in A.J.'s book supported the status quo in spite of the fact that he was born 2 days after the cutoff.
I really don't think it's necessary to adjust for the
future generations. The idea of gifting and willing stock is
a really efficient method, and I think we ought to stick with
that, rather than having to expand and degrade the stock,
allowing the children to be shareholders. It's unfair that we
as children born after December 18th are not shareholders,
but in order to keep the integrity of the stock, I think it's
essential that we continue on with the method of granting,
gifting and willing stock.
The final quote is from a Doyon shareholder who was involved in that company's decision to make new stock available to those born between 1971 and 1992.
When I first started I thought, ``I don't want my dividend
to get smaller.'' I was an intern in Doyon's Shareholder
Relations, so I was involved in the committee that was
studying the issue to enroll children born after 1971. When
it was time to vote, I thought: ``Darned if I'm letting my
nieces and nephews not be involved.'' I was a total
turnaround. There was no way I was going to leave them out.
There was no difference between me and them. They were just
born later.
As you can see, there may not be unanimity on the question of whether new stock should be made available to the descendants. But I think we all can agree that the debate is a healthy one and the debate will not take place in earnest unless Congress relaxes the supermajority standard imposed by the 1987 amendments.
The legislation I am introducing today would allow the shareholders of a Native corporation to authorize new stock for those born after December 18, 1971 by a majority vote of the shares present and voting at a duly constituted meeting of the shareholders. Shareholders who want to make the stock available will have the opportunity to vote yes. Those who do not will have the opportunity to vote no. Those who choose not to participate, place the fate of the question in the hands of those who choose to participate. The majority prevails.
The 1987 amendments authorized Native corporations to make additional shares available to Native elders and to enroll those who were eligible to receive stock as original shareholders but who failed to enroll. The number of missed enrollees is expected to be small. My legislation would change the voting standard for these two categories to a majority of the shares present and voting as well.
I ask unanimous consent that the text of this legislation be printed in the Record.
Mr. President, in the shadow of crude oil prices that have reached nearly $50 per barrel, and with the specter of higher gasoline prices forecast by the Department of Energy's Energy Information…
Mr. President, in the shadow of crude oil prices that have reached nearly $50 per barrel, and with the specter of higher gasoline prices forecast by the Department of Energy's Energy Information Administration, I rise today to introduce a bill that will help Hawaii and potentially other insular areas grapple with the difficult choices ahead with respect to energy independence.
The bill directs the Secretary of Energy to assess the short- and long-term prospects of oil supply disruptions and price volatility and their impacts on Hawaii. It also directs the Secretary to assess the economic relationship between oil-fired generation of electricity from residual fuel and refined products consumed for transportation needs of Hawaii. Hawaii uses crude oil to produce electricity, gasoline, and jet fuel. Changing the mix of these products will have significant economic implications for Hawaii. We need to have a clear picture of the impacts of going down these roads to a different energy mix. In addition, the study would address the technical and economic feasibility of increasing the contribution of renewable energy resources and the use of liquified natural gas, LNG, for generating electricity and other needs. In Hawaii, the costs of gasoline, electricity, and jet fuel are intertwined in an intricate relationship, because they all come from the same feedstock, and changes in the use of one could potentially drive consumer prices up or down. We need to know the implications of increasing the percentage of renewable sources of energy or switching to LNG, and whether these choices will leave us enough residual fuel for our transportation system and jets. Finally, the bill calls for an analysis of the feasibility of production and use of hydrogen from renewable resources on an island-by-island basis, an energy source I have championed for a long time.
Hawaii is heavily dependent on imported oil. About 90 percent of the State's energy needs for residents and visitors is produced by refining and burning crude oil. We import 28 percent of our oil from Alaska, but 72 percent comes from foreign sources including Indonesia, China, Papua New Guinea, and Vietnam. We use 26 percent of the oil for generating electricity. Being an island State, marine transportation between the islands is very important. Air transport for residents of Hawaii, as well as for our tourism industry, is critical. For many high school athletic and academic teams to compete in intramural activities, it means getting on planes to go to another island. Many families live on multiple islands. We use 32 percent of the oil for air transportation, and 23 percent for ground and marine transportation. My State's dependence on oil poses potential risks to Hawaii from sudden price increases or supply disruptions as were experienced several times in the last five years alone.
Hawaii uses its energy very efficiently. Our per capita energy use is well below the national average. In part, this is due to the fact that Hawaii is blessed with comfortable climate and short driving distances. Nonetheless, we have been paying some of the highest prices in the Nation for our energy. We continue to have the highest gasoline prices in the country. For a long time our electricity rates also have been the highest in the country. Consistent high energy prices affect the economic vitality of the State. Before we invest in a different energy mix and infrastructure, we need to make transparent all the relations between fuels and the consequences of the directions we choose.
Our State has been proactive in seeking energy solutions. The State of Hawaii has income tax credits for the installation of solar, photovoltaic, and wind energy. Hawaii has the largest solar water heating program in the Nation. Governor Linda Lingle has called for a 20 percent renewable energy standard by 2020. Last year we obtained about 7 percent of electricity sales from renewable sources, compared with a national average of about 2 percent. The Hawaiian Electric Company, HECO, Hawaii's largest utility, announced in January 2003 the formation of a new subsidiary that will invest in renewable energy projects for Hawaii.
The Hawaii Energy Policy Forum, a deliberative body of over 40 community leaders and energy stakeholders, met many times over a period of a year and developed an energy vision for Hawaii through the year 2030. Its report, ``Hawaii at the Crossroads; A Long-Term Energy Strategy,'' identifies strategic principles for Hawaii's future, including diversifying the sources of imported energy and beginning the transition to a long-term hydrogen economy.
Mr. President, energy security includes supply security, price security, and economic security. Supply security means ensuring that energy is available despite market disruptions elsewhere. Price security means that energy consumers are protected against price fluctuations and chronically high prices. Economic security results from both of the above. Hawaii is dependent on oil for both transportation and electricity in ways that are without parallel in continental States. Hawaii also has an abundance of renewable energy resources. It is the intent of this bill to assess these challenges and opportunities, and to help us develop a suitable roadmap for Hawaii's energy future. This bill will help Hawaii identify the challenges and decision points along the way to energy security.
I urge my colleagues to support this bill and ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to reintroduce the Pet Safety and Protection Act of 2005. My legislation amends the Animal Welfare Act to ensure that all companion animals such as dogs and cats used by research facilities are obtained legally.
Over 30 years ago, Congress passed the Animal Welfare Act, AWA, authorizing the Secretary of Agriculture to set and enforce standards protecting animals used in biomedical research, bred for commercial sale, exhibited to the public, or commercially transported from inhumane treatment. Despite the well-meaning intentions of the AWA and the enforcement efforts of the U.S. Department of Agriculture, USDA, the act fails to provide reliable protection against the actions of some unethical animal dealers.
Under the AWA, class B animal dealers are defined as individuals whose business includes the purchase, sale, or transport of animals in commerce, including dogs and cats intended for use at research facilities. To the dismay of animal welfare advocates and pet owners, some class B, or ``random source,'' dealers have resorted to theft and deception to collect animals for resale. In many instances these animals were found living under inhumane conditions.
As recently as August of 2003, USDA agents executed a warrant to investigate a class B dealer from Arkansas suspected of violations of the AWA for the second time in several years. Many claims have been levied against this dealer, and approximately 125 dogs were seized by federal agents during this week-long search. The complaint investigated by the USDA against the dealer alleged that the respondents' veterinarian provided for them falsified official health certificates for cats and dogs, and also provided them with blank, undated, and signed health certificates. It also alleged that the dealer failed to provide the barest standards of care, husbandry, and housing for the animals on the premises. In addition, it alleged that its proprietors were aware that some of the companion animals brought to the facility were stolen, and that the business maintained a list of over 50 ``bunchers,'' individuals who obtain animals and sell them to ``random source'' animal dealers. Bunchers have a variety of methods of obtaining companion animals, including responding to newspaper ads offering free animals, trespassing on private property to abduct the animals from yards, and house burglaries.
I am pleased to report that the civil trial against this class B dealer was settled on January 28, 2005. Under the agreement, the dealer and others associated with the business had their licenses permanently revoked. In addition, fines up to $262,700 were imposed by the USDA, which included a personal civil penalty of $12,700. The dealer also is prohibited from engaging in any activities under which the licenses were revoked for 5 years.
While this case resulted in a landmark settlement, I would like to remind my colleagues that if it were not for an outside organization that filed a complaint with the USDA, this class B dealer could still be in operation today. We, in Congress, need to ensure that dealers such as the one in Arkansas are unable to acquire, house, and sell pets.
The Pet Safety and Protection Act of 2005 strengthens the AWA by prohibiting the use of class B dealers as suppliers of dogs and cats to research laboratories. Contrary to what others might say, my legislation will not be a burden on research facilities because only 2 percent of the approximately 2,051 class B dealers in the United States currently sell cats and dogs to research facilities.
I am not here to argue whether animals should or should not be used in research. Medical research is an invaluable weapon in the battle against disease. New drugs and surgical techniques offer promise in the fight against cancer, Alzheimer's, tuberculosis, AIDS, and a host of other life-threatening diseases. Animal research has been, and continues to be, fundamental to advancements in medicine. However, I am concerned with the sale of stolen pets and stray animals to research facilities and the poor treatment of these animals by some class B dealers.
My legislation preserves the integrity of animal research by encouraging research laboratories to obtain animals from legitimate sources that comply with the AWA. Legitimate sources for animals include USDA-licensed class A dealers, breeders, and research facilities, municipal pounds and shelters, and legitimate pet owners who want to donate their animals to research. These sources are capable of meeting the demand for research animals. The National Institutes of Health, in an effort to curb abuse and deception, have already adopted policies against the acquisition of dogs and cats from class B dealers.
The Pet Safety and Protection Act of 2005 also reduces the USDA's regulatory burden by allowing the Department to use its resources more efficiently and effectively. Each year, thousands of dollars are spent on regulating dealers. To discourage any future violations of the AWA, my bill increases the penalties to a minimum of $1,000 per violation.
I reiterate that this bill in no way impairs or impedes research but will end the fraudulent practices of some class B dealers, as well as the unnecessary suffering of these animals in their care. I urge my colleagues to support this important legislation.
Mr. President, more than 30 years have passed since Congress enacted the Alaska Native Claims Settlement Act which settled the aboriginal land claims of the first inhabitants of Alaska by making each…
Mr. President, more than 30 years have passed since Congress enacted the Alaska Native Claims Settlement Act which settled the aboriginal land claims of the first inhabitants of Alaska by making each eligible Alaska Native a shareholder in 1 of 13 regional corporations and many of these people shareholders in a village corporation as well. Each of the corporations was capitalized with land and money.
The Alaska Native Claims Settlement Act was a bold experiment, and its implementation was not without controversy. As originally enacted, the law provided that a shareholder of an Alaska Native Corporation could sell his or her stock on or after December 18, 1991, without any intervening action by the corporation.
This provision could have resulted in massive sales of stock by Native shareholders in the ensuing years and caused the wholesale transfer of Native assets to non-Native interests. Thanks to the leadership of the Senator from Alaska, Mr. Stevens, this catastrophe was averted through a series of amendments to the Act, signed into law in 1987, which forbade the sale of corporate stock without the consent of the corporation's shareholders.
This landmark legislation brought an end to the speculation about whether the Native corporations would survive long enough to fulfill the goal that Congress set for them, which was to be the springboard for the economic, social and political empowerment of Alaska's Native people, or alternatively execute the temporary transfer of land and capital which would ultimately end up in non-Native hands. I am proud, that none of the Native corporations have opened their stock to purchase by outsiders. In fact, I see nothing on the horizon to suggest that any of the corporations will take up this question in the foreseeable future.
If history is any guide, the Alaska Native Corporations are destined to remain in Native hands for a long time to come. This is good news for the Native people of Alaska and it is good news for my State as a whole.
I rise today to offer legislation, requested by the Alaska Federation of Natives and the Association of ANCSA Presidents and CEOs, which is intended to address a piece of unfinished business left by the 1987 amendments to the act.
Under the act, as originally passed, stock in an Alaska Native corporation was generally only available to an Alaska Native born on or before December 18, 1971 and those who might inherit stock from a deceased shareholder. The original legislation gave little thought to offering those born after December 18, 1971 a role in the corporation. In effect, the original legislation disenfranchised an entire generation born after the cutoff date from having a stake in the Native corporations. It disenfranchised an entire generation of young people from playing a role in the governance of the Native corporations and from having an ownership interest in their Native lands.
The 1987 amendments allowed the shareholders of a Native corporation to remedy this unintended consequence by allowing new stock to be issued to the descendants of a corporation's original shareholders provided that a majority of the outstanding shares agreed. Under the 1987 amendments, such stock could only be issued to those descendants who had one quarter or more Alaska Native blood. A subsequent technical amendment allowed the stock to be issued to descendants without regard to their blood quantum, at the option of each corporation's shareholders.
Time has demonstrated that the remedy for incorporating the generation
born after December 18, 1971 is an imperfect one. This is sad because one of the most important responsibilities faced by the Board of Directors of any corporation is to plan for its own succession and the succession of the corporation's leadership.
Since 1987, less than a handful of the 13 regional Native corporations have put the question of enrolling the next generation to their shareholders. However, all of the corporations that have considered the question have voted in the affirmative.
Why then have more corporations not taken the question to a vote? The answer seems to lie in the voting requirements imposed by the 1987 amendments, which essentially requires an affirmative vote of a supermajority of the shares represented in person or by proxy at a shareholder meeting. In order for a corporation to obtain an affirmative vote of a majority of its outstanding shares, something of the order of 80 percent of the corporation's stockholders must be represented at the meeting in person or by proxy. Under present law, any shareholder who does not attend the meeting or submit a proxy is deemed to have voted in the negative.
When Doyon, Limited, the regional Native corporation for Interior Alaska, took the question of enrolling the generation of descendants born between 1971 and 1992 to its shareholders at its 1992 annual meeting, some 79.2 percent of the shareholders expressed an opinion in person or proxy. Still, the decision to approve the enrollment passed by the narrowest of margins. This was a record quorum for the corporation, which had 9,061 original shareholders, and the record has yet to be broken.
Sealaska Corporation, the regional Native corporation for Southeast Alaska, had more original shareholders than any other regional Native corporation. Sealaska had 15,700 original shareholders, each owning 100 shares of stock. Sealaska has never enjoyed a quorum of 79.2 percent and is pessimistic that such a quorum could ever be mustered. Accordingly, Sealaska, which has been pondering the question of enrolling the next generation for many years, has been deterred from putting the question to a stockholder vote by the supermajority voting requirement in the 1987 amendment.
Whether Sealaska enrolls the generation born after 1971 is not up to me. It is up to the shareholders of Sealaska. But I think the Congress owes it to the next generation of Alaska Natives to offer a level playing field when it comes to participation in their Native corporations.
In addressing the Alaska Native community, I often make reference to a marvelous book by Alexandra J. McClanahan entitled ``Growing Up Native in Alaska.'' In this book, A.J. profiled 27 Alaska Natives born between 1957 and 1976 and allowed them in their own words to speak about what it means to be an Alaska Native. Some of the people profiled in the book received stock under the 1971 act while others missed the deadline. I will quote from this book for the Record.
One of these 27 Alaska Natives is Jaeleen Kookesh-Araujo, a Tlingit Indian, who grew up in the village of Angoon, AK. Jaeleen is a bright young attorney who works at one of Washington's most respected law firms. She is precisely the type of person who is well positioned to lead her regional corporation, Sealaska, into the future. And she is one of many Alaska Natives who was born after December 18, 1971. Jaeleen has an opportunity to participate in Sealaska's governance because her parents gave her some of their stock as a gift, but she remains concerned that others of her generation have been left out.
This is what Jaeleen said about why it is important to make stock available to the descendants.
I am a shareholder thanks to my parents gifting me shares,
but there are a lot of young people who are never going to be
shareholders. If you have one parent with several children,
they can try to allocate shares to all of them, but some may
be left out. Or, maybe you have a Native child who has been
adopted who doesn't have parents with shares--whatever. There
are going to be a lot of young Native people left out of this
corporate structure, and it's really sad. Eventually, there
may be a problem because you're going to have a lot of
young, talented Alaska Native people going out to get
educated. They're going to have a lot of expertise and
education in ways that might benefit the corporation, and
yet you have to wonder if they're really going to want to
be involved in these Native corporations that they don't
even belong to. I do want to be involved in the Native
corporations because this is my ancestors' land that
they're managing and developing and protecting . . .
I am not going to tell you that each of the 27 young people that A.J. profiled feels the same way. Another young Native profiled in A.J.'s book supported the status quo in spite of the fact that he was born 2 days after the cutoff.
I really don't think it's necessary to adjust for the
future generations. The idea of gifting and willing stock is
a really efficient method, and I think we ought to stick with
that, rather than having to expand and degrade the stock,
allowing the children to be shareholders. It's unfair that we
as children born after December 18th are not shareholders,
but in order to keep the integrity of the stock, I think it's
essential that we continue on with the method of granting,
gifting and willing stock.
The final quote is from a Doyon shareholder who was involved in that company's decision to make new stock available to those born between 1971 and 1992.
When I first started I thought, ``I don't want my dividend
to get smaller.'' I was an intern in Doyon's Shareholder
Relations, so I was involved in the committee that was
studying the issue to enroll children born after 1971. When
it was time to vote, I thought: ``Darned if I'm letting my
nieces and nephews not be involved.'' I was a total
turnaround. There was no way I was going to leave them out.
There was no difference between me and them. They were just
born later.
As you can see, there may not be unanimity on the question of whether new stock should be made available to the descendants. But I think we all can agree that the debate is a healthy one and the debate will not take place in earnest unless Congress relaxes the supermajority standard imposed by the 1987 amendments.
The legislation I am introducing today would allow the shareholders of a Native corporation to authorize new stock for those born after December 18, 1971 by a majority vote of the shares present and voting at a duly constituted meeting of the shareholders. Shareholders who want to make the stock available will have the opportunity to vote yes. Those who do not will have the opportunity to vote no. Those who choose not to participate, place the fate of the question in the hands of those who choose to participate. The majority prevails.
The 1987 amendments authorized Native corporations to make additional shares available to Native elders and to enroll those who were eligible to receive stock as original shareholders but who failed to enroll. The number of missed enrollees is expected to be small. My legislation would change the voting standard for these two categories to a majority of the shares present and voting as well.
I ask unanimous consent that the text of this legislation be printed in the Record.
Mr. President, I rise today to join with my colleague Senator McConnell in introducing the Voter Protection Act of 2005. This legislation builds upon the progress made by the Help America Vote Act…
Mr. President, I rise today to join with my colleague Senator McConnell in introducing the
Voter Protection Act of 2005. This legislation builds upon the progress made by the Help America Vote Act toward our goal of making it easier to vote and harder to cheat, while addressing some additional issues that came to light during the previous election.
This legislation will clarify the intent of our previous bill and try to alleviate some of the administrative burdens and misguided policies placed on dedicated, hard-working election workers by previous congressional intrusions into the State functioning of running elections.
Make no mistake about it, record numbers of Americans went to the polls in 2004. The overwhelming number of Americans were greeted by informed, dedicated, and properly trained election workers and were able to cast their ballot in a timely manner and in a secure environment. In Missouri, my home State, the elections were extremely well run. Large numbers of voters were accommodated at the polls in a timely fashion, and very few questions have been raised about administration or integrity.
I believe our recent enactment of HAVA, the Help American Vote Act, helped make it easier for States and localities to administer their elections.
I might add that once again Missouri voters voted on punch cards. Contrary to the bogeyman of hanging chads and other problems we heard about in the past, punch cards have served the voters of Missouri well, proving that trained poll workers, coupled with informed voters, can participate in clean and fair elections using punchcard voting machines.
I live in Audrain County, MO, which is a rural county with a wide diversity. It is very average and representative, although I think it is an outstanding county. I asked the county clerk: How many problems have you had with these punchcard voters? We have the whole range of voters, a very wide diversity. She told me in her memory and the memory of those in the county clerk's office, they had never had a single problem with hanging chads or punchcard machines.
Some people are saying the Help America Vote Act required getting rid of punchcard machines. It did not do that. Let's be clear, that is not required by the Help America Vote Act.
The smoothness leading up to the elections in Missouri was not the case everywhere. I continue to have concerns about the registration process and voter registration lists. Election officials are still laboring under an unnecessarily burdensome system heaped upon them by the motor voter bill. Motor voter required States to accept anonymous mail registration cards without supporting documents and voter registration cards from election drives. Motor voter prohibited authentication of registrations, making it extremely difficult for names to be removed from voter rolls, such as Mickey Mouse, the deceased, or those who had left the State years before. That is why to many of us, motor voter had become auto-fraudo, and we took steps in the Help America Vote Act to change that.
The evidence is still overwhelming that this poor policy continues to result in tremendous administrative burdens on our election officials, with registration lists being bloated and inaccurate but limited recourse for election officials to address the situation. All this makes it more difficult to run clean, fair, and accurate elections.
The Help America Vote Act required minimum identification for first- time voters who take advantage of the mail-in voter registration procedures. While the law is clear, some States chose to find ways around this reasonable requirement. This bill makes it clear that voters who do not register before a government official in person will have to provide the ID requirement. We heard reports of partisan election workers who brought in bundles of voter registration cards, and when they told the governmental election officials they had seen the voter ID, those cards were accepted. Anybody who would accept that ought to be buying the 14th Street bridge. To say somebody who is not a government official and is partisan is going to fulfill the governmental requirements is a stretch too far.
Furthermore, in some Federal elections, I think it is past time to go to a full ID provision. So this legislation requires voters in Federal elections to present identification at the polls while creating a program to ensure that all voters have access to an ID if they cannot afford one.
We now ask our citizens to provide a photo ID for so many tasks of everyday life. To provide it once more for election officials on election day seems a small request in order to help ensure our elections are fair and accurate.
If a person does not have a photo ID and cannot afford to procure one, our bill provides the requirement and the resources to ensure that one is provided.
Let's make sure every legal vote gets counted, and only the legal votes and only one vote per person, only one vote per human. No dogs, please.
The practice of dropping off registration cards in bulk at the registration deadline continues. It is proving to be a huge burden on election officials. The practice of submitting cards for fictitious people, deceased, and ineligible voters is alive and well, so to speak.
Also, a troubling practice by some voter registration groups has come to light--registrations not being delivered to the election authorities. Whether intentional, through oversight or neglect, this is simply unacceptable. Would-be voters place their faith in those conducting registration drives, and the States accept the registration drives will be conducted on the level. Sloppy practices can only result in people being denied the right to vote. So there must be oversight.
This legislation will bring some accountability to voter registration drives while relieving some of the burdens on election authorities by mass dumping of registrations.
I call on our law enforcement officials, the Department of Justice, and our U.S. attorneys to review the process and look at those areas where fraud has been suggested to find out if it is prosecutable, if Federal criminal procedure is required and warranted. I can tell you that we will pass all the laws in the world, but until we see some voter fraud proponents going to jail, spending time in the cells, we are not going to have the effect this bill and our previous bill anticipated.
We need to clean up the registration process by permitting States to use Social Security numbers. I think this bill brings some sense to voter rules by clarifying the provision in motor voter for name removal. The bill also includes a provision for dealing in a reasonable manner with registration cards that are incomplete.
We found in the past, if you did not specifically indicate you were a U.S. citizen, the courts refused to prosecute those knowing they were not eligible to vote because they were not citizens; they could not be prosecuted. Now there is a specific requirement that you indicate you are a U.S. citizen, eligible to vote. If you do not do that, the card should not be accepted, and if you falsely certify you are a U.S. citizen, you ought to be prosecuted.
As we expressed throughout the debates on Help America Vote Act, minimum standard requirements for elections are to be implemented by the State. On provisional voting, the language is explicit. Questions on the implementation of provisional balloting are for State legislators and election officials to decide. But as is too often the case in this country, what cannot be achieved through legislation will be pursued in the courtroom. Some 65 lawsuits were pursued to overturn decisions to preserve the precinct system used at the State level. This was a conscious effort to screw up the elections. Fortunately, the courts got it right. They overruled them 65 times. But there will be more litigation. Therefore, this legislation clarifies further the clear language of HAVA that the decision on the precinct system and decision on the proper polling place for voters is a State question.
The goal of the lawsuits, as I said, seemed to introduce complete chaos which would have ensued were voters allowed simply to vote anywhere they wanted. Additionally, those voters would not have been able to vote in local elections and balloting initiatives. The purpose of the suits did not make sense, but they were filed anyhow. The arguments for throwing out State law made less sense. It is simply the height of illogic to argue on one hand that States should permissively allow voters to cast ballots from anywhere in the State they chose, only to
complain later that the number of election machines at a polling place was inadequate.
Many people lodging this complaint also complained it rained on election day. Sorry, we cannot change that by law. So their concerns must be evaluated accordingly. Among other things, the precinct system allows election officials to plan for election day, assign voters to voting places in manageable numbers, and dispatch the proper level of resources.
Once again, after election day, the newspapers were filled with stories pointing out irregularities on election day. The election day problems have grown out of bloated and inaccurate voting lists and sloppy registration procedures. The stories clearly establish that sloppy laws, poor lists, and chaos at the polls invite efforts to cheat on election day. That is unacceptable to voters and to candidates and people who depend upon a free, fair system of democracy. If a voter has his or her vote canceled by a vote that should never have been cast, whether cast by fraud or ineligible voter, he or she has lost the civil right to be heard and to have the vote counted. It is a disenfranchisement of the voter. It also is a grave offense to the candidates who spend countless amounts of their time and their supporters' resources on elections.
Our goal should be elections that are free of suspicion, doubt, and cynicism about the results. There are steps that remain to be taken to ensure that elections are conducted in a sound and secure manner so that the integrity of the ballot box remains beyond doubt. These simple steps will begin to clean up the mess created in the registration process, while taking away the remains of enticements to game the system.
I look forward to the debate on the floor about these reasonable measures. I commend our deputy majority leader for his work on this effort, and look forward to discussing this and pursuing it with our colleagues.
Mr. President, I yield the floor.
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Mr. President, today I am introducing legislation to make the 15-year depreciation recovery period for improvements to restaurants permanent, and to extend this treatment to cover new restaurant…
Mr. President, today I am introducing legislation to make the 15-year depreciation recovery period for improvements to restaurants permanent, and to extend this treatment to cover new restaurant construction as well. Last year, in the American Jobs Creation Act of 2004 (Public Law 108-357), Congress set the depreciation recovery period for renovations and improvements made to existing restaurant buildings at 15 years, but this treatment only applies to property placed in service before the end of 2005.
The legislation I am introducing today will permanently set the depreciation recovery period for new restaurant construction and for improvements to existing restaurants at 15 years. It simply makes no sense that the current law providing a 15-year life for improvements to restaurant properties expires at the end of 2005. Restaurants are businesses, and they need the certainty to plan investments several years in advance. Further, Congress should expand the treatment to apply to new construction, as well as to improvements.
Restaurants are high-volume businesses. Every day, more than half of all Americans eat out. Restaurants get more customer traffic and maintain longer hours than the average commercial business--many staying open 7 days a week. This tremendous amount of activity causes rapid deterioration in a restaurant building's systems, from its entrances and lobbies to its flooring, restrooms, and interior walls.
Restaurants improve and renovate constantly to accommodate the wear and tear of heavy customer traffic and to keep pace with changing consumer preferences. Clearly, a 39-year depreciation recovery period-- which is what the recovery period will revert to after 2005--does not match the economic life for new restaurant buildings or for improvements to existing structures.
Moreover, permanently setting the depreciation recovery period at 15 years will encourage significant economic activity. According to the National Restaurant Association, a 15-year depreciation recovery period for
new restaurant construction and improvements to existing properties would generate an additional $3.7 billion in cash flow for the restaurant industry over the next 10 years. If restaurants use just 25 percent of this influx of cash to expand and undertake additional renovations, the Restaurant Association study predicts that the 10-year economic impact would be $853 million.
I hope all of my colleagues will join me in this effort to bring certainty and a rational depreciation recovery period to the restaurant industry so that restaurant owners can continue to expand their businesses and provide good jobs to American workers.
Mr. President, today I am pleased to introduce the Death Tax Repeal Permanency Act of 2005 along with Senator Bill Nelson. This bipartisan legislation will make the death tax a thing of the past.
As we all know, Congress, working with President Bush, enacted bipartisan legislation in 2001 to phase out and eventually repeal the death tax in 2010. Unfortunately, because we did not have the 60 votes we needed to avoid a filibuster by opponents of the cuts, we could not make the repeal permanent. Rather, under Senate rules, the cuts could only be extended for the term of the budget: 10 years. As a consequence, the death tax springs back to life in 2011, at its old rate of up to 60 percent and at its old exemption level of only $1 million. Senator Nelson and I understand that this tax structure is simply unworkable for families and family businesses. We agree that the best solution is to simply get rid of the death tax once and for all. That's why we are introducing legislation today to make death tax repeal permanent.
Senator Nelson and I are joined in this effort by Senators Allard, Allen, Burns, Inhofe, Talent, and Thune, and we have the full support of President Bush, who once again included permanent repeal of the death tax in his Fiscal Year 2006 budget proposal.
The death tax is an unfair, inefficient, economically unsound and, frankly, an immoral tax that should be removed from the tax code. A recent survey found that 58 percent of Americans believe the death tax is ``completely unfair.'' In contrast, only 10 percent of those surveyed said the same about sales taxes. Moreover, this view is shared by Americans across income levels and political parties: 61 percent of Americans making less than $30,000 a year believe the death tax is ``completely unfair''; 89 percent of respondents who supported President Bush in the last election and 71 percent of respondents who supported his opponent in the last election label the death tax somewhat or very ``unfair.''
And the death tax is unfair, first of all, to the decedent and to his or her heirs. We are talking about people who work hard throughout their lives, perhaps start businesses, or perhaps buy homes in fast- growing metropolitan areas where real estate values are skyrocketing. Or it could be such a person owns a farm or just works hard in a company owned by others, but that person saves and invests and eventually accumulates a small but respectable nest egg. As you can see, the tax reaches far more than the ``ultra-rich,'' its intended targets when it was first imposed. The American dream is to be able to leave these assets to one's children so that they might enjoy a better life than their parents. It is simply unfair and immoral for the government to take more than half of these assets at death.
Americans understand that the death tax is unfair because it falls on families when they have the least ability to make significant economic decisions: at the time they lose a loved one. Further, it is unfair because expensive tax planning can significantly ease the effect of the death tax. If you have the money to hire the right lawyer, buy the large insurance policies that are needed, and do the proper planning, your family can be spared much of the financial pain caused by the death tax. If, on the other hand, you die without warning or if you have an unexpectedly large estate due to increased property values and prudent investments, you are caught paying a larger tax. Taxes required as a result of intentional, planned economic decisions are one thing; taxes on an untimely death are quite another.
Not only is the death tax unfair; it hurts economic growth. The death tax creates a disincentive to build a family farm, ranch, or other business with the goal of passing it on to one's children. In some cases, it makes more sense for a family business to be sold when the owner retires, since the taxes, primarily capital gains taxes, are going to be much lower if the assets are sold while the owner is still alive. Further, planning for the death tax makes it harder to expand a family business because needed resources are spent on attorneys and life insurance instead of growing the business. As much is spent each year on such ``avoidance planning'' as is collected in death taxes by the government.
The death tax also hurts economic growth by discouraging savings and investment. Whether it falls on a family business built through hard work or on a family with a home and a lifetime of investments in 401(k) and IRAs thanks to prudent living, it claims nearly half of an estate over the unified credit amount ($1.5 million in 2005) for the federal government. Such confiscatory tax rates give people little incentive to save and invest. What's more, the American people understand that the death tax represents multiple levels of taxation. Fully 80 percent of those in a recent survey said that the tax represents an ``extreme'' form of ``triple taxation.''
The death tax has a broader economic reach than to just those immediately hit with the tax. Suppose a small business employs 25, maybe 30 people, all of whom rely on the business for their livelihood, health insurance, and retirement savings. The entrepreneur's heirs may not have enough cash to pay the applicable death tax, so they may be forced to liquidate the business. Depending on who buys the assets and what is done with them, the employees may now have to find other jobs. Moreover, all of the companies that sold items to or bought items from this business might need to find other suppliers or customers, leaving a hole in the economy. According to the IRS ``Statistics of Income,'' estate and gift taxes only brought in about $22.8 billion in fiscal year 2003 barely more than one percent of all gross tax collections by the Treasury Department. For such a small amount of revenue, the death tax inflicts a disproportionately large amount of damage on the economy.
One of the most interesting statements about the death tax was made by Edward J. McCaffrey, a law professor from the University of Southern California and self-described liberal, in testimony before Congress several years back. He said, ``Polls and practices show that we like sin taxes, such as on alcohol and cigarettes. . . . The estate tax is an anti-sin, or a virtue, tax. It is a tax on work and savings without consumption, on thrift, on long term savings.''
I urge Congress to act this year to end this tax on virtue, work, savings, job creation and the American dream, and to end it permanently.
Mr. President, today, with my colleagues, Senators Talent, Graham, McCain, Lott, Warner, Grassley and Thune, I rise to introduce the Minority Serving Institution Digital & Wireless Technology…
Mr. President, today, with my colleagues, Senators Talent, Graham, McCain, Lott, Warner, Grassley and Thune, I rise to introduce the Minority Serving Institution Digital & Wireless Technology Opportunity Act of 2005.
This legislation will provide vital resources to address the technology gap that exists at many Minority Serving Institutions, MSIs. With this legislation together, as a country, we move one step closer to eliminating what I like to call the ``economic opportunity divide'' that exists between Minority Serving Institutions and non-minority institutions of higher education.
This legislation will establish a new grant program that provides up to $250 million a year to help Historically Black Colleges and Universities, Hispanic Serving Institutions, and Tribal Colleges upgrade their technology and communications infrastructure.
Since before I was elected to the Senate, my goal has always been to look for ways to improve education and empower all of our young people--regardless of their race, ethnicity, religion or economic background--to compete and succeed in life.
With over 200 Hispanic Serving Institutions; over 100 Historically Black Colleges and Universities and 34 tribal colleges throughout our country, it is clear that Minority Serving Institutions provide a valuable service to the educational strength and future growth of our Nation.
These institutions must have the technology capabilities and infrastructure available to their students and faculty to successfully compete and succeed in today's workforce.
Our goal with this legislation is clear--by increasing access to technology and addressing the technological disparities that exist at Minority Serving Institutions we will provide our young people with important tools for success, both in the classroom and in the workforce.
This nation's economic stability and growth are increasingly dependent on a growing portion of the workforce possessing technological skills.
African Americans, Hispanics and Native Americans constitute one- quarter of the total U.S. workforce. Approximately, one-third of all students of color in this nation are educated at Minority Serving Institutions. It is estimated that in 10 years minorities will comprise nearly 40 percent of all college-age Americans.
Yet, members of these minorities represent only 7 percent of the U.S. computer and information science workforce; 6 percent of the engineering workforce; and less than 2 percent of the computer science faculty.
At the same time, we know that 60 percent of all jobs require information technology skills and these jobs pay significantly higher salaries than jobs of a non-technical nature.
I am proud to say Virginia is home to five Historically Black Colleges & Universities--Norfolk State University, St. Paul's College, Virginia Union University, Hampton University and Virginia State University.
Mr. President, we must ensure that the students attending these minority institutions are competing on a level playing field when it comes to technology skills and development.
We must tap the talent and potential of these students to ensure that America's workforce is prepared to lead the world.
The legislation allows eligible institutions the opportunity through grants, contracts or cooperative agreements to acquire equipment, instrumentation, networking capability, hardware and software, digital network technology and wireless technology/infrastructure--such as wireless fidelity or WiFi--to develop and provide educational services.
Additionally, the grants can be used for equipment upgrades, technology training and hardware/software acquisition. A Minority Serving Institution also can use the funds to offer its students universal access to campus networks, dramatically increase their connectivity rates, or make necessary infrastructure improvements.
The best jobs in the future will go to those who are the best prepared. However, I am increasingly concerned that when it comes to high technology jobs--which pay higher wages--this
country runs the risk of economically limiting many college students in our society. It is important for all Americans that we close this opportunity gap.
Providing equal technological opportunities for all Americans will have a positive impact on our education system, our economic competitiveness and future generations of innovators and leaders.
I encourage all of my colleagues to support this legislation. This exact legislation passed the Senate last year 97-0.
Mr. President, I want to thank my colleagues for joining me today in cosponsoring this legislation and I look forward to working with fellow Senators to push this important measure across the goal-line so that many more college students are provided access to better technology and education, and most importantly, even greater opportunities in life.
Mr. President, I rise today to introduce legislation that would re-open Ronald Reagan Washington National Airport to all aviation. Since the tragic attacks of September 11, 2001, general aviation flights have not been permitted to operate in and out of Reagan National Airport. My legislation would direct the executive branch to develop and implement standards for the resumption of general aviation flights.
The closing of Reagan National to general aviation was understandable, prudent and tolerable in the weeks and months following the tragedy of September 11. The safety and security of the capital region is paramount and will always guide our decisions. But, despite Congressional action mandating a detailed plan to re-open the airport to general aviation following a massive strengthening of our airports and air traffic control system serving the Washington area, the Federal Government has done little to develop a plan that would allow for the use of Reagan National for private aircraft.
Closing Reagan National to general aviation has had a substantial negative effect on jobs and the economy of the capital region. Non- scheduled air carrier operations at Reagan National once generated an estimated $50 million a year in direct economic activity from charter revenue, aircraft handling and refueling services. The lack of charter and general aviation passengers coming into the city, hotels, restaurants and other service businesses near Reagan National have suffered a significant, negative economic impact as well.
Since September 11, 2001, air charter operators have participated in a rigorous security program that makes their operations just as safe, if not safer, than those of commercial airlines. Charter operators also have the capability to check the names of their passengers against government terrorist watch lists. Given the unique location of the airport, stakeholders in the general aviation industry are willing to comply with virtually any rational government policy that would grant access to Reagan National for general aviation aircraft. Such proposals include using ``gateway'' airports in which all flights into Reagan National must first land for additional screening, and added screening of pilots and passengers. There are also new technological advances that could be required for private planes using Reagan National. Notwithstanding the willingness of those in general aviation to comply with reasonable security procedures that may be implemented, government agencies have remained stolidly silent on the issue.
That is why I have decided to introduce legislation directing the Department of Homeland Security to finalize and implement regulations that would again allow general aviation flights to operate at Reagan National. The measure allows for reasonable requirements to ensure the security of operations at Reagan National. The requirements include screening and certification of flight and ground crews; advance clearance of passenger manifests; physical screening of passengers and luggage; the physical inspection of aircraft; special flight procedures and limiting the airports from which flights can originate.
The Government was able to find conditions under which commercial aviation could operate out of Reagan National following the September 11 terrorist attacks. I see no reason why similar conditions or requirements could not be developed to allow for general aviation to also begin operations again.
Congressionally mandated actions on this issue have yet to result in a plan or set of circumstances that would fully re-open Reagan National. Thus, I believe it is necessary to introduce legislation that would direct the Department of Homeland Security to do so.
I agree that security is the most important factor in this debate; however I also believe reasonable requirements can be put in place to ensure the safety of general aviation flights and help the local businesses that depend on this mode of transportation for their livelihood.
Mr. President, I rise today to join Senator Lott in introducing legislation which is of great importance to millions of people throughout the country. The sport fishing and boating communities play a…
Mr. President, I rise today to join Senator Lott in introducing legislation which is of great importance to millions of people throughout the country. The sport fishing and boating communities play a vital role in our Nation's economy, and I am pleased to be working with Senator Lott on legislation that will directly impact boaters and anglers everywhere.
In Wisconsin, anglers and boaters are integral to the State's economy. Our access to the Great Lakes is only a portion of what makes my State an excellent boating and fishing destination. From the Mississippi River to Sturgeon Bay, Wisconsin encompasses thousands of acres of lakes and rivers; my State is home to more than 1.4 million anglers, and a destination for thousands of boating and fishing related tourists each year. In 2001, approximately $1 billion was spent in the State on fishing related activities, according to a study conducted by the Fish and Wildlife Service. Recreational boating is an equal partner to the sport fishing industry, with more than $526 million being spent in 2003 on powerboats and accessories. As a recreation for residents and draw for tourists, the contribution of water sports to Wisconsin is immeasurable.
Today, Senator Lott and I are introducing legislation aimed at giving back to the fishing and boating communities. This legislation, however, would not exist if it were not for the leadership of Senator Breaux, who worked tirelessly on boating and fishing issues during his tenure in Congress. In 1984, as a member of the House of Representatives, he worked with then Senator Malcolm Wallop, to create the Aquatic Resources Trust Fund. The trust fund, commonly known as the Wallop- Breaux Trust Fund, serves as a collection point for most of the excise taxes attributable to motorboat and small engine fuels, as well as the taxes on fishing equipment. The Wallop-Breaux fund is one of the most successful examples of a ``user pays, user benefits'' program; the excise taxes that are collected into the fund are then used on programs that directly benefit boaters and anglers. The funding is then distributed to States for activities ranging from boating safety education to maintaining our nation's wetlands.
I am dedicated to continuing the legacy of Wallop-Breaux. That is why Senator Lott and I are introducing legislation that will reauthorize the Aquatic Resources Trust Fund and expand the size of the Fund. The legislation we are introducing today mirrors the Sport Fishing and Recreational Boating Safety bill in the 108th Congress, which was later incorporated in the Senate-passed version of the highway reauthorization bill. Unfortunately, the legislation was not enacted before the end of the last session.
In addition to reauthorizing this important program, Senator Lott and I are introducing legislation that would recover approximately $110 million per year of excise taxes currently being paid by anglers and boaters. Under current law, only 13.5 cents is sent to the Aquatic Resources Trust Fund, which is only a portion of the 18.3 cents that is collected on motorboat and small engine fuels. Restoring the remaining excise taxes will significantly boost funding for the important programs under the Sport Fish Restoration Act. In Wisconsin, this could amount to an additional $3 million annually for fishing and boating activities.
I am very proud to be working with Senator Lott on this issue. Passing this legislation will be a top priority for me in the 109th Congress. It is an issue that I know is important to the people of Wisconsin: to boaters on the Great Lakes; to the Department of Natural Resources; to anglers on rivers and lakes throughout the state. I can assure every Senator that it is equally important to people in his or her State, and I look forward to working with my colleagues to ensure this legislation's adoption.
I rise today to join Senator Smith and a bipartisan group of Senators in introducing the SSI Extension for Elderly and Disabled Refugees Act. This bill builds both on a proposal in the President's budget, and on legislation we introduced last year, to serve the neediest individuals in our society.
Wisconsin is the home for hundreds of thousands of Hmong family members who were resettled there in the years after the Vietnam War, some as recently as the 1990s. Many of these Hmong fought with the CIA in Laos during the Vietnam War, providing critical assistance to U.S. forces. After the fall of Saigon, thousands of Hmong fled Laos and its communist Pathet Lao government. The United States remains indebted to these courageous individuals and their families.
In addition to the Hmong, America has served as a shelter for Jews and Baptists fleeing religious persecution in the former Soviet Union; and for Iraqis and Cubans escaping tyrannical dictatorships. Our policy toward refugees and asylees embodies the best of our country-- compassion, opportunity, and freedom. I am proud of the example our policies set with respect to the treatment of those seeking refuge.
But I am disappointed in our decision to allow these people to enter the country and then deny them the means to live. Thousands of people who fled religious and political persecution to seek freedom in the U.S. are being punished by a short-sighted policy. A provision in the 1996 welfare reform bill restricted the amount of time that elderly and disabled refugees and asylees could be eligible for Supplemental Security Income, SSI, benefits. These benefits serve as a basic monthly income for individuals who are 65 or older, disabled or blind. Over the next 4 years, it is estimated that 40,000 refugees and political asylees could lose these important benefits on which they often rely.
The 7-year time limit on SSI benefits for legal humanitarian immigrants has already impacted individuals and families across the country, and will impact thousands more without Congressional action. The provision specifically mandated that to avoid losing this important support, refugees and asylees must become citizens within the 7 year limit. Unfortunately, this has proved impossible for far too many. The process of becoming a citizen only truly begins after a refugee has resided in the U.S. for 5 years as a lawful permanent resident. And beyond that, there are many other barriers, such as language skills and processing and bureaucratic delays within the various agencies, which an immigrant must overcome before they become naturalized. Beginning in 2003, immigrants trapped in this process--too often the most vulnerable elderly and families--began to lose their SSI benefits with no hope of recourse.
This inherent flaw in the system has to be changed. That is why we are re-introducing the SSI Extension for Disabled and Elderly Refugees Act. This legislation extends the amount of time that refugees and asylees have to become citizens to 9 years. In addition, the bill contains a ``reach back'' provision: it retroactively restores benefits to those individuals who have already lost them for an additional 2 years. This provision helps the individuals who need it most; humanitarian immigrants who are trapped in the system and have lost this important income source.
Across the country, states are recognizing the peril that faces individuals who lose these benefits. Most recently, in January, the State of Illinois passed legislation that allows individuals to obtain monthly grants through a State program, if their Federal SSI benefits are suspended. This action highlights the need for Congress to act. We cannot continue to pass the buck to cash-strapped States. I believe we must act now to protect these individuals.
I cannot stress how important this legislation is to many in the State of Wisconsin. Last year there were several stories across the state regarding the plight of Hmong families and individuals whose citizenship has been delayed and were faced with losing their benefits. That was a year ago, and Congress failed to pass the legislation that Senators Smith, Lugar, Feingold and I had worked so hard on. We cannot let another year go by without helping these individuals.
In addition to the Hmong population in Wisconsin, almost every State in the
country is home to immigrants who will be affected by the limit. Our country has long been a symbol of freedom, equality and opportunity. Our laws should reflect that. Every day that goes by could result in the loss of a refugee's support system--I urge my colleagues to support this legislation and restore the principles we were put here to protect.
Mr. President, I rise today along with my colleague, Senator Durbin, to introduce the Presidential Sites Improvement Act of 2005. As we look forward to celebrating President's Day this coming Monday,…
Mr. President, I rise today along with my colleague, Senator Durbin, to introduce the Presidential Sites Improvement Act of 2005. As we look forward to celebrating President's Day this coming Monday, I can think of no better way to honor our former Chief Executives than by passing this important piece of legislation.
The Presidential Sites Improvement Act would create a new and innovative partnership with public and private entities to preserve and maintain Presidential sites, such as birthplaces, homes, memorials, and tombs. It is our duty to preserve these sites so that future generations of Americans can gain a better understanding of those who influenced the development of our great Nation.
In an era when innovative technology has been incorporated into the curriculum in schools throughout the country, we often forget that one of the best learning tools is that which a child can touch and see. Visiting the birthplace or home of the same individuals talked about in the classroom or read about online provides a completely different atmosphere to appreciate history. The opportunity to visit the actual birthplaces, homes, memorials, and tombs provides a real-life glimpse into the lives of our former Presidents.
Currently, family foundations, colleges and universities, libraries, historical societies, historic preservation organizations, and other non-profit organizations own the majority of these sites. These entities often have little funding and are unable to meet the demands of maintaining such important sites because operating costs must be met before maintenance needs. As a result, these sites are left to deteriorate slowly.
I have visited many of the Presidential historic sites throughout my home State of Ohio, a State that has been the home of eight Presidents. I was disturbed during one such visit to the Ulysses S. Grant house. There, I saw the discoloration and falling plaster due to water damage. At the home of President Warren Harding, the front porch was pulling away from the house--the very same porch where President Harding delivered his now famous campaign speeches. Fortunately, we were able to obtain funding to prevent these two historic treasures from deteriorating further. We need to continue to provide Federal assistance for maintenance projects today in order to prevent larger maintenance problems tomorrow.
These sites are far too important to let slowly decay. Our legislation would authorize grants, administered by the National Park Service, for maintenance and improvement projects on Presidential sites that are not federally owned or managed. A portion of the funds would be set aside for sites that are in need of emergency assistance. To administer this new program, this legislation would establish a five- member committee, including the Director of the National Park Service, a member of the National Trust for Historic Preservation, and a State historic preservation officer. This committee would make grant recommendations to the Secretary of the Interior. Each grant would require that half of the funds come from non-Federal sources. Up to $5 million would be made available annually.
The Presidential Sites Improvement Act would make sure that every American has the chance to appreciate a real piece of history--a chance at understanding the lives of the great men who have led our Nation.
I ask unanimous consent that the text of the legislation I have just introduced be printed in the Record.
Mr. President, I rise today, along with my colleagues Senators Kohl and Leahy, to introduce the Antitrust Investigative Improvements Act of 2005. We do so to strengthen the Department of Justice's ability to investigate criminal antitrust conspiracies. This bill gives the Department of Justice authority to seek a wiretap order from a Federal judge, for a limited time period, to monitor communications between antitrust conspirators.
Investigating and prosecuting criminal antitrust conspiracies, such as cartels and bid-rigging, is the core mission of the Department of Justice's Antitrust Division. Because of the harm this behavior can do to the economy and to innocent consumers, Assistant Attorney General for the Antitrust Division, Hewitt Pate, has said that prosecuting ``cartels remain[s] our top enforcement priority at the Antitrust Division.'' As a result, in the United States, we punish such illegal behavior harshly. Corporations can be fined up to $100 million and individuals can be fined up to $1 million and be incarcerated for 10 years. But, despite the high priority the Antitrust Division places on these cases and the tough penalties under the law, up to now, we have not given the Department of Justice all the tools it needs to investigate and prosecute criminal antitrust conspiracies.
In criminal antitrust investigations, to prosecute a case, it is critical that prosecutors gain access to evidence on the inner workings of the conspiracy. To meet their heavy burden of proof, prosecutors must marshal strong evidence showing, for example, the terms of the illegal agreement, the participants in the illegal agreement, and precisely when the illegal agreement was reached. This type of evidence is extremely difficult to gain without penetrating the inner workings of the conspiracy.
The Department has principally two techniques for investigating criminal antitrust enterprises. First, it may enlist the cooperation of a witness. The
cooperating witness may be, for example, a customer being harmed by the conspiracy or a co-conspirator to the antitrust crime. Under this approach, a cooperating witness may testify about the details of the conspiracy or may record conversations with the conspirators, either through videotape or audiotape. One important restriction is that the cooperating witness must be present at the conversation when recording. But, if the Department cannot secure a cooperating witness, which is often the case, this technique is not available.
Second, the Antitrust Division also has a corporate leniency program, which has been very successful in investigating and prosecuting criminal antitrust conspiracies. In exchange for fully cooperating with an antitrust investigation, an otherwise guilty corporation may receive lenient treatment. But, this method, too, depends on the cooperation of one who was on the inside of the criminal conspiracy.
Our bill adds a third technique by amending Title III of the Omnibus Crime Control and Safe Streets Act (18 U.S.C. Section 2510 et seq.) to make a criminal violation of the Sherman Act a ``predicate offense'' for an order authorizing the interception of wire or oral communications, hereinafter ``wiretap order''. Amending this law to make criminal antitrust offenses a predicate offense would give the Department of Justice a much needed tool to investigate the inner workings of criminal antitrust conspiracies. Unlike using a cooperating witness or the corporate leniency program, a wiretap order does not require the cooperation of someone who has inside knowledge of the conspiracy or who is actually participating in the conspiracy. Upon a showing of probable cause to a Federal judge, the Department of Justice could obtain a wiretap order, for a limited time period, to monitor communications between conspirators.
There are over 150 predicate offenses from title 18 and dozens of other predicate offenses from other parts of the U.S. Criminal Code. Offenses, such as wire fraud, mail fraud, and bank fraud are predicate offenses, but up to now, criminal antitrust offenses have not been on the list. I think this is a mistake. Criminal antitrust offenses are basically white-collar, fraud offenses, and often do much more harm to innocent consumers than other types of fraud offenses. It is time for antitrust to be added as a predicate offense, given the gravity of the crime.
This idea is not new. Past Assistant Attorney Generals of the Antitrust Division have supported the idea for such legislation. And, in 1999, our neighbor to the north, Canada, passed similar legislation. It is an idea whose time has come.
I urge my colleagues to support this important reform to strengthen the enforcement of our antitrust laws. I ask unanimous consent to print the bill in the Record.
Mr. President, today I am introducing the third in a series of bills intended to support American companies and American workers. Earlier this week, I introduced S. Con. Res. 12, which would set some…
Mr. President, today I am introducing the third in a series of bills intended to support American companies and American workers. Earlier this week, I introduced S. Con. Res. 12, which would set some minimum standards for future trade agreements into which our country enters, and S. 395, which would strengthen the Buy American Act. Today I am introducing legislation that would help workers who have lost their manufacturing or service sector jobs to be retrained for jobs in high-demand health care fields.
According to the Wisconsin Department of Workforce Development, Wisconsin has lost nearly 80,000 manufacturing jobs since 2000. Nationally, the country has lost more than 2.5 million manufacturing jobs since January 2001. In addition to the loss of manufacturing jobs, I am deeply troubled by the Bush administration's contention that the outsourcing of American service sector and other jobs is good for the economy. I am concerned about the message that this policy sends to Wisconsinites and all Americans who are currently employed in these sectors.
There is something of a silver lining to the looming cloud of manufacturing and other jobs loss: the country's workforce development system.
In spite of stretched resources and long waiting lists for services, our workforce development boards are making a tremendous effort to retrain laid-off workers and other job seekers for new jobs. And this effort is clearly evident in Wisconsin, where my State's 11 workforce development boards are leading the way in finding innovative solutions to retraining workers for new careers on shoestring budgets.
I strongly support the work of these agencies and have urged the administration and Senate appropriators to provide adequate funding for the job training programs authorized by the Workforce Investment Act. I regret that the administration's budget request for fiscal year 2006 does not provide adequate funding for WIA, and I will continue to work to ensure that the workforce development boards in my State and across our country receive the resources they need to help job seekers get the training they need to be successful.
I am committed to finding resources to retrain those who have been laid off from the manufacturing and service sectors and who wish to find new jobs in high-demand fields such as health care.
As most of my colleagues know all too well, we are facing a significant shortage of health care workers. Congress has made some progress in addressing the nursing shortage, but we need to expand our efforts. Shortages of health professionals pose a real threat to the health of our communities by impacting access to timely, high-quality health care. Studies have shown that shortages of nurses in our hospitals and health facilities increase medical errors, which directly affects patient health.
As our population ages, and the baby boomers need more health care, our need for all types of health professionals is only going to increase. This is particularly true for the field of long-term care. According to the Bureau of Labor Statistics, we are going
to need an additional 1.2 million nursing aides, home health aides, and other health professionals in long-term care before the year 2010.
As our demand for health care workers grows, so does the number of jobs available within this sector. Currently, health services is the largest industry in the country, providing 12.9 million jobs in 2002. It is estimated that 16 percent of all new jobs created between 2002 and 2012 will be in health services. This accounts for 3.5 million new jobs--more than any other industry.
According to the Wisconsin Department of Workforce Development, the surging job growth within health care will translate into a real need for workers) and real opportunity. In Wisconsin alone, there will be an additional 67,430 health care positions by 2012. This represents a 30 percent increase in jobs in health care, over twice the rate of growth for Wisconsin jobs overall.
Mr. President, workforce development agencies in my home State of Wisconsin are already working to support displaced workers in their communities by training them for health care jobs, since there is a real need for workers in these fields. These agencies are helping communities get and maintain access to high-quality health care by ensuring that there are enough health care workers to care for their communities.
As the executive director of one of the workforce development boards in my State put it, ``[t]here are simply not many good quality jobs to replace manufacturing jobs lost to rural communities. The medical professions, by offering a `living wage' and good benefits, provide an excellent alternative to manufacturing for sustaining a higher, family oriented standard of living.''
I believe we need to support our communities in these efforts by providing them with the resources they need to establish, sustain, or expand these important programs. For that reason, today I am introducing the Community-Based Health Care Retraining Act. This bill would amend the Workforce Investment Act to authorize a demonstration project to provide grants to community-based coalitions, led by local workforce development boards, to create programs to retrain unemployed workers who wish to obtain new jobs in the health care professions. My bill would authorize a total of $25 million for grants between $100,000 and $500,000, and, in the interest of fiscal responsibility, it ensures that the cost of these grants would be offset.
This bill will help provide communities with the resources they need to run retraining programs for the health professions. The funds could be used for a variety of purposes--from increasing the capacity of our schools and training facilities, to providing financial and social support for workers who are in retraining programs. This bill allows for flexibility in the use of grant funds because I believe that communities know best about the resources they need to run an efficient program.
This bill represents a nexus in my efforts to support workers whose jobs have been shipped overseas and to ensure that all Americans have access to the high-quality health care that they deserve. By providing targeted assistance to train laid-off workers who wish to obtain new jobs in the health care sector, we can both help unemployed Americans and improve the availability and quality of health care that is available in our communities.
I am pleased that this bill is supported by a variety of organizations that are committed to providing high-quality job training and health care services, inc1uding the National Association of Workforce Boards, the Wisconsin Association of Job Training Executives, the Wisconsin Hospital Association, the Northwest Wisconsin Concentrated Employment Program, the Northwest Wisconsin Workforce Investment Board, the Southwestern Wisconsin Workforce Development Board, the West Central Wisconsin Workforce Development Board, and the Workforce Development Board of South Central Wisconsin.
Mr. President, in order to ensure that our workers are able to compete in the new economy, we must ensure that they have the tools they need to be trained or retrained for high-demand jobs such as those in the health care field. My bill is a small step toward providing the resources necessary to achieve this goal. I will continue to work to strengthen the American manufacturing sector and to support those workers who have been displaced due to bad trade agreements and other policies that have led to the loss of American jobs.
Mr. President, I am pleased to be joined today by my colleagues, Senators Kohl, Lugar, Lieberman, Brownback, Clinton, Lautenberg, and Feingold, to introduce this important piece of legislation.…
Mr. President, I am pleased to be joined today by my colleagues, Senators Kohl, Lugar, Lieberman, Brownback, Clinton, Lautenberg, and Feingold, to introduce this important piece of legislation. Legislation that will ensure the United States government does not turn its back on political asylees or refugees who are the most vulnerable citizens seeking safety in this great country of ours.
As many of you may know, Congress as part of Personal Responsibility and Work Opportunity Reconciliation Act, PRWORA, modified the SSI program to include a seven-year time limit on the receipt of benefits for refugees and asylees. This policy was intended to balance the desire to have people who emigrant to the United States to become citizens, with an understanding that the naturalization process also takes time to complete. To allow adequate time for asylees and refugees to become naturalized citizens Congress provided the 7-year time limit before the expiration of SSI benefits.
Unfortunately, the naturalization process often takes longer than 7 years because applicants are requited to live in the United States for a minimum of 5 years prior to applying for citizenship and the INS often takes 3 or more years to process the application. Because of this time delay, many individuals are trapped in the system faced with the loss of their SSI benefits.
If Congress does not act to change the law, reports show that over the next 4 years nearly 30,000 elderly and disabled refugees and asylees will lose their Supplemental Security Income, SSI, benefits because their 7-year time limit will expire before they become citizens. Many of these individuals are elderly who fled persecution or torture in their home countries. They include Jews fleeing religious persecution in the former Soviet Union, Iraqi Kurds fleeing the Saddam Hussein regime, Cubans and Hmong people from the highlands of Laos who served on the side of the United States military during the Vietnam War. They are elderly and unable to work, and have become reliant on their SSI benefits as their primary income. To penalize them because of delays encountered through the bureaucratic process seems unjust and inappropriate.
The administration in its fiscal year 2006 budget acknowledged the necessity to correct this problem by dedicating funding to extend refugee eligibility for SSI beyond the 7-year limit. While I am pleased that they have taken the first step in correcting this problem, I am concerned the policy does not go far enough. Data shows that most people will need at least an additional 2 years to navigate and complete the naturalization process. Therefore, my colleagues and I have introduced this bill, which will provide a 2-year extension. We believe this will provide the time necessary to complete the process. .
I hope my colleagues will join me in support of this bill, and I look forward to working with Chairman Grassley and other members of the Finance Committee to secure these changes during consideration of TANF reauthorization.
Mr. President, I rise today to introduce the Pathways to Independence Act of 2005, along with Senators Jeffords, Chafee, Rockefeller, and Collins. This bill includes two important provisions that we will work to include in TANF reauthorization. These provisions will help States work with TANF recipients who have disabilities to transition them into work.
In July 2002, the General Accounting Office reported that as many as 44 percent of TANF families have a parent or child with a physical or mental impairment. This is almost three times as high as among the non- TANF population in the United States. In eight percent of TANF families, there is both a parent and a child with a disability; among non-TANF families, this figure is one percent. The GAO's work confirmed the findings of earlier studies, including work by the Urban Institute and the HHS Inspector General.
These figures mean that we need to make sure that TANF reauthorization legislation gives States the ability and incentives to help families meet their current needs, while also helping them to move from welfare to work. This is the lesson that Oregon and many other States have already learned as they developed and refined their TANF programs.
The first provision of my bill provides a pragmatic approach to helping parents with disabilities and substance abuse problems receive the treatment and other rehabilitative services they will need to succeed in a work setting. It is designed so that, over time, States can gradually increase the work activity requirements, while continuing to provide clients with rehabilitative services. Under this proposal, much like in other proposals under consideration, a person participating in rehabilitation can be counted as engaged in work activity for three months. After the first three months, if a person continues to need rehabilitative services, the State can continue to count participation in those activities for another three months, so long as that person is engaged in some number of work hours, to be determined by the State.
The next step of my proposal builds on the concept of partial credit that is being considered in the Senate Finance Committee. If, after six months, a State determines that a person has a continuing need for rehabilitative services, the State may create a package that combines work activity with these services. The State will receive credit for the individual's efforts so long as at least one-half of the hours in which the individual participates are in core work activities. For example, if a State receives full credit for a person who works 30 hours per week, and the State has determined that an individual needs rehabilitative services beyond six months, that individual would need to be engaged in core work activities for at least 15 hours per week to get full credit, with the remaining 15 hours spent in rehabilitative services. Similarly, if partial credit is available for a person who works 24 hours per week, then a State could receive that same partial credit if the person was engaged in core work activities for at least 12 hours per week, with the remaining 12 hours spent in rehabilitative services.
This approach is appealing for many reasons. First, it allows states to design a system in which a person can move progressively over time from rehabilitation toward work. Second, it gives states credit for the time and effort they will need to invest to help people move successfully from welfare to work by allowing States to use a range of strategies to help these families. Third, it creates a more realistic structure for individuals with disabilities and addictions who may otherwise fall out of the system either through sanction or discouragement, despite their need for financial support. Finally, this approach is appealing because it is designed to work within the structure of the final TANF reauthorization bill.
I look forward to working with my co-sponsors, Senators Jeffords, Chafee, Rockefeller, and Collins, and with the Chairman of the Finance Committee on these important provisions in the upcoming months, and I urge my colleagues to join us in support of this legislation.
I also wish to thank all of the organizations that have expressed support for this bill. I have received support letters from those organizations, and I ask unanimous consent that those letters be printed in the Record
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, today I am introducing legislation to reverse the decline in the number of international students studying at American colleges, universities, and high schools. I am very pleased to be…
Mr. President, today I am introducing legislation to reverse the decline in the number of international students studying at American colleges, universities, and high schools. I am very pleased to be joined by my friend and colleague, Senator Bingaman, who cares deeply about these issues as I do.
Policies implemented to keep our country safe in the wake of September 11 have had the unintended consequence of dramatically reducing the number of international students studying in the United States. Total international applications to U.S. graduate schools fell 28 percent from fall 2003 to fall 2004, and 54 percent of all English as a Second Language (ESL) programs have reported declines in overall applications at a time where countries such as the U.K., Canada, and Australia are experiencing increases.
Why is this a concern for our country?
From a foreign policy perspective, America needs all the Ambassadors of goodwill we can get. In a world that too often hates Americans because they do not know us, international education represents an opportunity to break down barriers. It is in our local and national interest for the best and brightest foreign students to study in America because these are people who will lead their nations one day. The experience they gain with our democratic system and our values gives them a better understanding of what America is and who Americans are.
My caseworkers in Minnesota have dealt with literally hundreds of student visas cases. One case in particular stands out--that of Humphrey Tusimiirwe, a brilliant student from Uganda who was having difficulty getting his student visa for study at St. Thomas. Fortunately, after several calls to the U.S. Ambassador, Humphrey's story ultimately had a happy ending, and he is going to be part of our panel at the University of Minnesota. But too many other students are barred from coming to study in America, and far too many are choosing to not study in the U.S. and instead go elsewhere.
I have heard from Minnesota's colleges and universities. The presence of international students on campuses gives American students an irreplaceable opportunity to learn about other cultures and points of view. That's why this legislation has the endorsement of the University of Minnesota, the MnSCU student association, the Minneapolis Star Tribune and Rochester Post Bulletin, and others. International education is a $13 billion industry, and foreign students who pay full tuition help keep costs down for American students. In Minnesota alone, international students contribute some $175 million to our economy.
Finally, I think this is an economic competitiveness issue too. Attracting the world's top scientific scholars helps to keep our economy competitive. Too many of the world's best scientists are opting against studying in the U.S. because of the barriers we have imposed. We need the world's best and brightest to continue to do their research here, and to continue to use their talents to improve American innovation and ultimately create American jobs. Many of America's most innovative business leaders and top CEOs came to the U.S. as international students.
At the same time, laws are in place to make sure companies hire American workers first, and my legislation would not change that. That's why I will introduce legislation, the COMPETE Act, that will make sure American students have the math, science, and engineering skills needed to stay competitive.
While the State Department has made some very important strides, such as extending the validity of Visas Mantis security clearances and speeding up their processing time, there are still too many qualified students unable to get visas to study in America, and too many who today are deterred from even applying.
That's why I am pleased once again to join with my friend the Senator from New Mexico in introducing the American Competitiveness Through International Openness Now (ACTION) Act. Our bill calls for a number of steps that would help America regain our place as the top destination for international students, scholars, scientists and exchange visitors.
First, our bill calls for a strategic marketing plan similar to strategies implemented by the U.K., E.U., Canada and Australia to help America regain lost ground in attracting the world's best and brightest. There is a perception around the world that America is no longer a welcoming place, so we need to be deliberate and smart in our efforts to change that view.
The bill calls for more realistic standards for visa evaluations by updating a 50-year old criterion for visa approval and admittance to the United States. Under the so-called 214(b) rule, young people currently need to prove that they have ``essential ties'' to their home countries and no intention of emigrating to the U.S. But in this age of globalization, it is increasingly difficult for a 20-year old to do this. Many have lived and studied in other countries, and some have lost their parents to AIDS. They don't own a house or a business, they don't have spouses or children. Consular officers treat every student as an intending immigrant, and it is exceedingly difficult for a student to prove otherwise.
Our legislation calls for common-sense changes to management of the SEVIS system, which tracks international students and visitors. Under this legislation, the database would be run more effectively, and fees would be collected in a more fair manner.
The bill also sets standards for more timeliness and certainty in the student visa process, upgrading communication between government agencies dealing with student visas and enabling them to identify security risks and clear those who are not a threat more quickly.
I spent time in Minnesota last Friday listening to my constituents' views about this bill and the positive effect it would have on Minnesota colleges and universities. The response was overwhelming. These summits prompted me to add a section to the bill dealing specifically with students who have to return home for family emergencies, and a section to help intensive English programs compete with their counterparts in the U.K. and Australia.
We have often seen that prejudice is bred by isolation. Those who only look at this country through a keyhole can draw all kinds of outrageous conclusions. But exposure and interaction bring people together. Especially in a time when we are burdened with the question, ``Why do they hate us?'' we need to enhance those opportunities for people to see us as we really are. International exchanges present precisely this opportunity.
International education brings too much to our campuses, our communities, our economy and our national security to become another victim of the age of terrorism. If we can take ACTION to reverse the decline now, all Americans will reap the benefits for decades to come.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today I am introducing legislation to protect public health and the environment by preventing chemicals from leaking out of underground storage tanks and thereafter contaminating…
Mr. President, today I am introducing legislation to protect public health and the environment by preventing chemicals from leaking out of underground storage tanks and thereafter contaminating drinking water supplies and nearby communities. My colleague in the House of Representatives, Mr. Dingell, is introducing companion legislation.
Underground storage tanks can hold extremely toxic chemicals that can move rapidly through soil, contaminating the ground, aquifers, streams and other bodies of water. Underground storage tanks are located in urban and rural areas. When they leak, they present substantial risks to groundwater quality, human health, environmental quality, and economic growth.
There are approximately 670,000 underground storage tanks in the United States, and there have been more than 445,000 confirmed releases from these tanks as of mid-2003. Over 35 States report that leaking underground storage tanks are one of the top threats to their drinking water sources. By and large, MTBE contamination has come from leaking underground storage tanks. MTBE has contaminated water supplies in 43 States and in 29 States has contaminated drinking water. Estimates indicate that it will cost at least $29 billion to clean up MTBE contamination nationwide.
Currently, the leaking underground storage tanks program and other laws ensure that responsible parties pay to clean up the damage caused by these leaking spills. Unfortunately, the pace of cleaning up leaking underground storage tanks is 20 percent below the historic average. Our Nation faces an estimated 94,000 to 150,000 additional cleanups over the next 10 years--at a cost of $12 billion to $19 billion.
The best, most commonsense solution to stop leaking underground storage tanks from threatening public health is to prevent them from leaking in the first place with the use of secondary containment, such as double walls. There is already widespread support for this throughout the country. Twenty-one States already require secondary containment, either for all new or replaced tanks--such as in California--or for all new or replaced tanks in sensitive areas. In addition, two States are awaiting final passage or approval of such requirements, and one State requires tertiary, such as triple walls, containment. According to figures from the Petroleum Equipment Institute, 57 percent of all tanks installed from 2000 through 2003 were double walled.
But this is not fast enough in the face of the threats to our drinking and groundwater. Approximately 50 percent of the population relies on groundwater for their drinking water, including almost 100 percent in rural areas. The time to prevent contamination is now.
We must ensure the environmental health and safety of our water. I encourage my colleagues to support this bill.
Mr. President, today I join Senator Clinton in introducing the Count Every Vote Act of 2005.
The 2000 election exposed a number of serious problems with the accuracy and fairness of election procedures in this country, as well as the reliability of certain types of voting technology. As a result of those irregularities, many eligible voters were effectively disenfrachised and thus deprived of one of our most fundamental rights.
In the 2004 election, we again saw serious irregularities when voters across this country went to the polls to cast their votes. From untrustworthy electronic voting machines, to partisan secretaries of state, to outrageously long lines at the polls, the election system was far from what voters are entitled to have.
At Kenyon College in Ohio, for example, voters were made to wait in line until nearly 4 a.m. to vote because there were only two machines for 1,300 voters. In the Columbus area alone, an estimated 5,000 to 10,000 voters left
polling places, out of frustration, without having voted. In Cleveland, thousands of provisional ballots were disqualified after poll workers gave faulty instructions to voters.
Because of these irregularities--as well as voting irregularities in many other places--I joined Congresswoman Stephanie Tubbs Jones of Ohio in objecting to the certification of the Ohio electoral votes on January 7, 2005. I did this to cast the light of truth on a flawed system that must be fixed now. Americans deserve a system where every vote is counted and can be verified. And, Congress must do more to give confidence to all of our people that their votes matter.
In 2002, Congress passed the Help America Vote Act (HAVA), which took important steps toward electoral reform. Since the enactment of HAVA, however, concerns have been raised about the security of voting machines and the inability of the majority of voters who may use these machines to be able to adequately verify their vote and to ensure that the vote they intended was both cast and counted. In addition, many other problems in our Federal election system--including long wait times in which to vote, the erroneous purging of voters, voter suppression and intimidation, and unequal access to the voting process--remain.
Last year, I sponsored legislation to address some of these issues. I also joined Senator Clinton and former Senator Bob Graham in introducing an election reform bill. I am pleased to again join Senator Clinton today to introduce the Count Every Vote Act of 2005--the CEVA Voting Act. It requires voting machines to have a voter-verified paper trail for use by all individuals, including language minority voters, illiterate voters, and voters with disabilities; and it mandates national standards in the registration of voters and the counting of provisional ballots. All provisions of this legislation are to be in effect no later than the November 2006 Federal election.
Mr. President, in a democracy, the vote of every citizen counts. We must make sure that every citizen's vote is counted--and counted accurately and fairly so that the American people have confidence in the results. HAVA was a good first step. The CEVA Voting Act is the next step, and I encourage my colleagues to join me in this effort.
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Mr. President, I rise today, along with Senator Coleman, to introduce the American Competitiveness Through International Openness Now (``ACTION'') Act of 2005. A few days ago, I came to the Senate…
Mr. President, I rise today, along with Senator Coleman, to introduce the American Competitiveness Through International Openness Now (``ACTION'') Act of 2005.
A few days ago, I came to the Senate floor to discuss the importance of the United States taking steps to ensure that we remain the world leader in terms of scientific research and innovation. There is a global competition underway for dominance in science and technology, and I remain concerned that the federal resources we are allocating for research and development are completely insufficient. At a time when other countries are investing more in R & D, we are cutting back Federal support of key science programs. Our Nation's economic competitiveness depends on reversing this trend.
We must also do all we can to continue to develop a highly skilled domestic workforce. It is paramount that we improve math and science education in our school systems, and spend more on graduate education in science and engineering. Maintaining the world's best education system is essential for ensuring Americans well-paying jobs and critical for our economic and national security.
Another area that we must also address in order to ensure U.S. competitiveness in the world economy is visa processing for scientists, engineers, and students wishing to come to the United States. Red tape and delays, although improving, still plague our overseas embassies and threaten our long-term economic security.
The ACTION Act of 2005 would address this important issue.
A country's immigration system helps determines its relationship to the global marketplace. The system can either be conducive to the free flow of ideas, scientists, and international business ventures, or it can provide disincentives to the flow of international talent and scientific collaboration.
Since September 11, the United States has adopted a number of visa policies aimed at making the United States and the traveling public more secure. Unfortunately, those policies have also had a significant impact on scientific collaboration with other countries and have made it problematic for exchange students to come to the United States with the ease they once enjoyed. While the United States has an obligation to thoroughly vet visa applicants, we need to find ways to do so that keep us engaged with the rest of the world and keep our efforts
focused on those that seek to do us harm.
Our international economic competitors are taking proactive steps to encourage highly talented students and graduates to come to their countries and study in their universities. In contrast, the attitude that the United States seems to be projecting to highly talented foreign scientists and students is one of complacency. This not only damages our image abroad, but also hampers research in the nation's laboratories and universities.
Recent studies from the National Science Foundation and the Council of Graduate Schools, as well as State Department statistics, have documented a sharp decline in the foreign students seeking advanced scientific and technical degrees in graduate schools across the United States. The National Science Foundation has found that the combination of an overly restrictive U.S. policy towards issuing visas, the growing perception that the United States is hostile to foreigners, and the increase in opportunities overseas has significantly challenged our ability to attract the best and brightest from around the world to come to the U.S. to study and engage in open scientific exchange.
The 2003-2004 academic year marked the first absolute decline in foreign student enrollments since the early 1970's. And in the fall of 2004, international student applications to graduate schools dropped 28 percent from the same time in 2003.
In contrast, other countries have instituted aggressive strategies for attracting students, scholars, and scientists and have sought to encourage access to universities and promote scientific collaboration. One such example is Australia, which has increased international student enrollment 53 percent since 2001. The European Union has also set forth a comprehensive strategy to be the ``most competitive and dynamic knowledge-based economy in the world'' by 2010. A key part of this strategy is aimed at making the E.U. the most favorable destination for students, scholars, and researchers from around the world.
Our university system is the envy of the world, and where we have a long-standing record of producing the best trained and most innovative scientists and engineers, and we must not concede our leadership in this area.
It is also important to note that international students play an important economic role--the Institute of International Education recently determined that through tuition and living expenses, foreign students contribute roughly $13 billion to the U.S. economy.
In particular, the ACTION Act of 2005 would help keep international students and scientist coming to the United States to participate in essential research and exchange programs by: improving visa processing in a manner consistent with national security; requiring the President to develop a strategic plan to enhance the recruitment and access of students, scholars, and scientist coming to the United States; reforming the SEVIS system, which tracks students, to allow approved schools to make corrections to a student's record to correct database errors; and by facilitating that the FBI and the State Department develop interoperable data systems.
Openness to international students and scientist is an important aspect of maintaining American competitiveness in the world economy, and I ask my fellow colleagues to join me in supporting this essential bill.
Mr. President, I rise today to offer legislation that would designate New Jersey's elite urban search and rescue team, New Jersey Task Force One, as part of the National Urban Search and Rescue…
Mr. President, I rise today to offer legislation that would designate New Jersey's elite urban search and rescue team, New Jersey Task Force One, as part of the National Urban Search and Rescue Response System.
I am proud to be joined by my colleague from New Jersey, Senator Frank Lautenberg, in introducing this legislation today. And I am also pleased that my colleague, Congressman Rodney Frelinghuysen, has introduced similar legislation in the House of Representatives.
New Jersey Task Force One is a team comprised of career and volunteer fire, police, and EMS personnel from all 21 counties in New Jersey. The primary mission of the NJTFO is to provide advanced technical search and rescue capabilities to victims who are trapped or entombed in collapsed buildings. The NJTFO is a world-class operation whose response system mirrors the Federal Emergency Management Agencies guidelines on urban search and rescue and the appropriate National Fire Protection Association Standards.
The training, commitment, and expertise of the NJTFO has saved lives. In fact, New Jersey Task Force One was one of the first units to arrive on the scene at the World Trade Center on September 11, and they bravely conducted search, rescue, medical, and planning and logistics operations on site.
In this era of terrorism and heightened homeland security we should be doing all we can to show our commitment to our first responders. This designation would do just that for New Jersey Task Force One. More importantly, by making NJTFO a part of the National Urban Search and Rescue Team they would be eligible for Federal funding that is vital to helping them fulfill their mission. The honor of joining the other 28 members of the National Urban Search and Rescue Response System is a recognition that the NJTFO is more than deserving of.
I urge the Senate to enact this legislation and ask for a copy of this bill to be printed in the Record.
Mr. President, I rise today to introduce legislation, the Tsunami Early Warning and Relief Act, to significantly decrease losses in the event of a future tsunami anywhere in the world. This bill would direct the
National Oceanic and Atmospheric Administration, NOAA, to establish and administer a Global Tsunami Disaster Reduction Program, based on the successful program which NOAA operates in the Pacific Ocean.
I traveled to South and Southeast Asia in the wake of last year's Indian Ocean tsunami that led to the death of more than 160,000 people and a widespread humanitarian crisis. What I witnessed in Indonesia, Thailand and Sri Lanka was the most incredible destruction I have ever seen. I can only imagine that the devastation from the tsunami rivals Hiroshima and Nagasaki in the level of sheer destruction, damage, displacement and loss of life.
Around the world, and right here in the United States, highly populated coastal areas are vulnerable to potential devastation on the scale of the Indian Ocean tsunami. As we continue to assist our South Asian friends in their reconstruction effort, we must also do everything in our ability to reduce human, ecological and economic damage in the event of another tsunami. We cannot allow such a natural disaster to separate families, orphan children and destroy livelihoods once again.
There is no magic solution. Coastal areas, by nature, will face significant damage if a tsunami strikes. However, an advance warning would go a long way to reduce the loss of life in particular. Had governments in South Asia been able to inform their citizens of the approaching tsunami, tourists would not have been tanning on the beach and coastal markets would not have been obliviously going about their everyday business. While they would not have been perfect, rudimentary coastal evacuations could have taken place--and as a result we would not see the awful human cost that I witnessed this January.
We currently operate an effective warning system in the Pacific Ocean, which warns our citizens and coastal governments about potential tsunami threats faced in Hawaii, Alaska and West Coast states. This system utilizes a sophisticated network of buoys in the Pacific Ocean that monitor rising and falling water levels. Using this data, and seismic observation of the ocean floor, NOAA is able to adequately assess the threat posed to coastal residents by natural activity in the Pacific and inform emergency service agencies in regions that face imminent threats.
The Tsunami Early Warning and Relief Act would expand NOAA's successful Pacific tsunami monitoring and communications program to the Atlantic Ocean, Caribbean Sea, Indian Ocean, and other areas around the world that are vulnerable to tsunamis. Furthermore, this legislation expands NOAA's Tsunami Ready Program, which disseminates tsunami communications to coastal communities and coordinates evacuation strategies for these regions.
In conclusion, expansion of tsunami warning and readiness programs are critical to the lives and livelihoods of coastal residents in the United States and around the world. For all of us, the devastating aftermath of the Indian Ocean tsunami is a call to action that we must improve our reflexes when it comes to tsunamis. I urge my colleagues to consider this legislation, and other tsunami warning systems proposed by my colleagues, and to move forward as quickly as possible so that we never again have to see the devastation, death, broken families and orphaned children that we see right now in South Asia.
I ask unanimous consent that the text of the Tsunami Early Warning and Relief Act be a printed in the Record.
Mr. President, I rise today to introduce legislation, along with Senator Shelby, to provide a financial safety net for the families of our young men and women who proudly serve in the Nation's…
Mr. President, I rise today to introduce legislation, along with Senator Shelby, to provide a financial safety net for the families of our young men and women who proudly serve in the Nation's military reserve and National Guard.
Our country is demanding that our military reservists and members of the National Guard play a more crucial and sustained role in supplementing the activities of our traditional Armed Forces than at any other time in our recent history. In response to the Iraq war and homeland security needs, the country has called up hundreds of thousands of our reservists and Guard members for extended tours of duty of up to 18 months.
Today, almost 184,000 National Guardsmen and reservists are on active duty. Military leaders expect the total number of reservists and Guardsmen on active duty for the war on terrorism to remain above 100,000 for the indefinite future.
Since September 11, 2001, more than 2,000 of North Dakota's Guardsmen and reservists have been called to duty and placed in harms way around the globe. One of the issues I hear most often about from those service members and their families is how hard it is for them to make ends meet on their military incomes.
When Guard members or reservists are mobilized, it has an enormous impact not only on their lives, but also on the lives of their loved ones. In many cases when an individual is mobilized, his or her family may experience a serious loss of income. This is because active duty military compensation often falls below what reservists earn in civilian income. In addition, some reservists experienced continuing financial losses after return to civilian life due to neglected businesses or professional practices.
These income losses are often exacerbated by the additional family expenses that are associated with military activation, such as the need for extra day care.
The Pentagon doesn't track the number of reservist families who have to live on diminished incomes during deployment. But it is clearly a significant problem. The Pentagon's Reserve Forces Policy Board says that one-third of all mobilized Reserve component members earn less than their private sector and civilian salaries while on active duty. Other estimates are even higher. For example, 45 percent of reserve officers and 55 percent of enlisted members who were activated for the 1990 Gulf War reported income loss. And a 1998 survey of junior enlisted members of the California National Guard's 40th Infantry Division showed that the great majority risked cutting their household income somewhere between 16 percent and more than 65 percent if they were called to active duty.
The most recent information on mobilization income loss comes from the year 2000. Some 41 percent of Guardsmen and reservists who were mobilized that year reported income losses ranging from $350 to more than $3,000 per month. Self-employed reservists reported an average income loss of $1,800 per month. Physicians and registered nurses in private practice reported an average income loss of as much as $7,000 per month.
Those were big losses. But when that survey was conducted in 2000, reservists were mobilized for an average of only 3.6 months. Today mobilizations of up 14 to 18 months are common. So the cumulative impact of lost wages is much bigger.
The loss of income that reservists and Guardsmen incur when they are ordered to leave their good-paying private sector or civilian jobs to serve their country often creates an unmanageable financial burden that disrupts the lives of their families who are already trying to cope with the emotional stress and hardship caused by the departure of a beloved spouse, father or mother who has been ordered to active duty.
In the mid-1990s the Pentagon tried to deal with this problem by offering members of the National Guard and Reserve the opportunity to buy insurance to guard against their risk of being called to active duty and losing income. The program sold coverage for income losses of up to $5,000 per month. Unfortunately, the program was poorly planned and executed, and Congress had to appropriate substantial money to bail out the program before it was terminated. Since then the private sector has not shown any interest in reviving the mobilization income insurance program. Thus, we need to find another way to deal with the issue. The solution I propose is one suggested by the Pentagon's Reserve Forces Policy Board, that is, an income loss tax credit.
The legislation that Senator Shelby and I are introducing provides a fully refundable, 100-percent income tax credit of up to $20,000 annually to a military reservists on active duty based upon the difference in wages paid in his or her private sector or civilian job and the military wages paid upon mobilization. For this purpose, a qualified military reservist is a member of the National Guard or Ready Reserve who is mobilized and serving for more than 90 days.
In conclusion, we owe a great deal to those Americans who put on their uniforms and serve in the military in the most difficult of circumstances. We can never fully repay that debt. However, we can do much more to remove the immediate financial burden that many reserve and National Guard families experience when a family member is ordered to active duty. This legislation will provide those families with some much-needed financial assistance. I urge my colleagues in the Senate to support my efforts to get this tax relief measure enacted into law as soon as possible.
Mr. President, I rise today to introduce the Voter Protection Act of 2005, and I am pleased to be joined again by my good friend from Missouri, Senator Bond. I also acknowledge the deep interest and…
Mr. President, I rise today to introduce the Voter Protection Act of 2005, and I am pleased to be joined again by my good friend from Missouri, Senator Bond. I also acknowledge the deep interest and expertise of the occupant of the chair in this important subject of how we have increasingly honest elections in our country.
In the wake of the 2000 election, as chairman of the Rules and Administration Committee, and then its ranking member, Senators Bond, Dodd, and I worked together to address the problems brought to light in the 2000 elections. In January of 2001, I introduced the first of what would become several election reform bills. Nearly 2 years later, all the hard work and long hours paid off with the President of the United States signing the Help America Vote Act of 2002, commonly referred to as HAVA.
This legislation passed with near unanimous support in both Chambers. HAVA set forth several minimum standards for States to meet and was coupled with a new Election Assistance Commission to provide advice and distribute $3 billion to date. The goal was and is to make it easier to vote and harder to cheat.
The 2004 elections were the first conducted under HAVA. There are reports of many successes attributable to HAVA, including a new Cal- Tech/MIT study, which found a decrease in the residual vote rate, or ballots that did not record a vote for President. Further, there were new requirements for identification while registering or, at the polls, new voting technology, statewide databases, and a broad Federal requirement for the casting of provisional ballots.
HAVA was a tremendous success, but all of the cosponsors were careful to avoid a complete Federal takeover of elections. As was stated by prominent election expert Doug Lewis, after conducting elections for over 200 years, State and local officials didn't become stupid in just one election. Throughout the bill, we remained respectful of the States rights and left methods of implementation to the discretion of States.
Today, we bring before this body a new piece of legislation which builds upon the successes of HAVA and clarifies some of the misinterpretations that occurred in the last election. This bill provides State and local officials more tools to ensure every eligible voter casts their vote, but make sure it is counted only once.
First, the most important part of this election process is an accurate and secure registration list. This legislation clarifies several provisions related to ensuring that those who register are legally entitled to do so, do so only once, and in only one State. Further, we address the problem brought about by voter registration drives which dumped impossible numbers of new registrations on the last day of registration. The bill ensures that only real-life, eligible Mary Poppins registers to vote.
Second, the process of actually casting a ballot is sacred to all Americans. The legislation will ensure accurate poll lists and photo identification at the polls, and will reaffirm HAVA's goal of permitting State law to govern counting provisional ballots.
Further, for absentee ballots, having them returned by election day and requiring authentication of their request is critical. Thus, if a real, eligible, registered Mary Poppins goes to the polls, she can show identification and vote--but just once.
Third, grant money will be available to pay for photo identification for those who don't have one or cannot afford one. The Election Assistance Commission will conduct a pilot program for the use of indelible ink at the polls, reminiscent of the Iraqi elections on January 30. We were all moved by the picture we saw from the Iraqi elections of voters proudly showing their ink-sustained fingers. Aside from being an act of national pride, it was also an act to ensure that all those who voted did so only once.
Lastly, the 2004 elections saw new tactics which must be addressed by new criminal penalties for buying and conspiring to buy voter registrations. Further, the destruction or damaging of property with intent to impede voting is something that must be prosecuted.
Again, I am proud to have been the Senate Republican sponsor of the Help America Vote Act of 2002 and believe it has and will continue to improve the conduct of elections in this country. But much more needs to be done. The Voter Protection Act of 2005 builds upon that important piece of legislation to combat voter fraud and ensure the integrity of the entire election process.
I know Senator Bond, a cosponsor, is on the way to the floor. I commend him for his important contribution to HAVA. I repeat my earlier comments about the occupant of the chair and his expertise and interest in this issue. We look forward to working with both of them to advance a piece of legislation for America that would make it easier to vote and harder to cheat.
I yield the floor.
Mr. President, if I can very briefly say to my good friend and colleague from Missouri, it is a pleasure to team up with him once again in our pursuit of better elections in this country and to report to him on the prosecution front there actually was a conviction. I know the occupant of the Chair is interested in this as well. There actually was a conviction in my State for vote fraud--two of them--over the last 6 months. We will see whether that has an impact on habits of many decades that exist in my State and I know in several parts of the State of Missouri as well.
I congratulate the Senator for his statement.
Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on June 29, 2005, at 9:30 a.m., in open session to consider the…
Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on June 29, 2005, at 9:30 a.m., in open session to consider the following nominations: General Peter Pace, USMC for reappointment to the grade of General and to be Chairman, Joint Chiefs of Staff; Admiral Edmund P. Giambastiani, Jr., USN for reappointment to the grade of Admiral and to be Vice Chairman, Joint Chiefs of Staff; General T. Michael Moseley, USAF for reappointment to the grade of General and to be Chief of Staff of the Air Force; Ambassador Eric S. Edelman to be under Secretary of Defense for Policy; Mr. Daniel R. Stanley to be Assistant Secretary of Defense for Legislative Affairs; and Mr. James A. Rispoli to be Assistant Secretary of Energy for Environmental Management.
Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on June 29, 2005, at 3:30 p.m., to receive a classified briefing regarding detention operations and interrogation procedures at Guantanamo Bay.
Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Wednesday June 29, 2005, at 10 a.m., to hear testimony on ``Medicaid Waste, Fraud and Abuse: Threatening the Health Care Safety Net.''
Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the
Senate on Wednesday, June 29, 2005 at 2:30 p.m. to hold a hearing on Nominations.
Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor and Pensions meet in executive session during the session of the Senate on Wednesday, June 29, 2005 at 9:50 a.m. in SD-430.
Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Wednesday, June 29, 2005, at 9:30 a.m. in Room 485 of the Russell Senate Office Building to conduct a business meeting on the following:
S.J. Res. 15 A bill to acknowledge a long history of official depredations and ill-conceived policies by the United States Government regarding Indian tribes and offer an apology to all Native Peoples on behalf of the United States.
S. 374 A bill to provide compensation to the Lower Brule and Crow Creek Sioux Tribes of South Dakota for damage to tribal land caused by Pick-Sloan projects along the Missouri River.
S. 113 A bill to modify the date as of which certain tribal land of the Lytton Rancheria is deemed to be held in trust.
S. 881 A bill to compensate the Spokane Tribe of Indians for the use of tribal land for the production of hydropower by the Grand Coulee Dam, and for other purposes.
S. 449 A bill to facilitate shareholder consideration of proposals to make Settlement Common Stock under the Alaska Native Claims Settlement Act available to missed enrollees, eligible elders, and persons born after Dec. 18, 1971, and for other purposes.
H.R. 797/S. 475 A bill to amend the Native American Housing Assistance and Self-Determination Act of 1996 and other Acts to improve housing programs for Indians.
S. 623 A bill to direct the Secretary of Interior to convey certain land held in trust for the Paiute Indian Tribe of Utah to the City of Richfield, Utah and for other purposes.
S. 598 A bill to reauthorize provisions in the Native American Housing Assistance and Self-Determination Act of 1996 relating to Native Hawaiian low-income housing and Federal loan guarantees for Native Hawaiian housing.
S. . A bill to condemn certain subsurface rights to land held in trust by the State of Arizona, convey subsurface rights held by BLM, for the Pacsua Yaqui Tribe.
S. A bill to authorize funding for the National Indian Gaming Commission.
S. 1239, A bill to authorize the use of Indian Health Service funds to pay Medicare Part D premiums on behalf of Indians.
S.1231, A bill to provide initial funding for the National Fund for Excellence in American Indian Education previously established by Congress.
S. A bill to require former federal employees who are employed by tribes to adhere to conflict of interest rules.
S. A bill to amend the Tribally Controlled Community College and Universities Assistance Act.
Committee on Homeland Security and Governmental Affairs
Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet on Wednesday, June 29, 2005, at 9:30 a.m. for a hearing titled, ``Vulnerabilities in the U.S. Passport System Can Be Exploited by Criminals and Terrorists.''
Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on June 29, 2005 at 2:30 p.m. to hold a closed briefing.
Mr. President: I ask unanimous consent that Subcommittee on Disaster Prevention and Prediction be authorized to meet on Wednesday, June 29, 2005, at 2:30 p.m., on National Weather Service- Severe Weather.
Mr. President, I am pleased to introduce legislation today know as the State Child Well-Being Research Act of 2005. This bill is designed to enhance child well-being in every State by collecting data…
Mr. President, I am pleased to introduce legislation today know as the State Child Well-Being Research Act of 2005. This bill is designed to enhance child well-being in every State by collecting data on a State-by-State basis to provide information to advocates and policy-makers
about the well-being of children. Developing a set of indicators and measuring progress of child well-being deserves to be a priority.
My hope is to incorporate this important research initiative into the welfare reform reauthorization package. I believe that the Senate should reauthorize our welfare program, known as Temporary Assistance to Needy Families, TANF, and we should do it this year. Chairman Grassley's interest in a bipartisan process is very encouraging.
In 1996, Congress passed bold legislation to dramatically change our welfare system, and I supported it. The driving force behind this reform was to promote work and self-sufficiency for families and to provide flexibility to States to achieve these goals. States have used this flexibility to design different programs that work better for families who rely on them.
Nine years later, it is obvious that we need State-by-State data on child well-being to measure the results. The current Survey of Income and Program Participation (SIPP) is used to evaluate the progress of welfare, and it has been an important national longitudinal study designed to provide rich, detailed data; the kinds of data most useful to academic researchers. It does not, however, provide States with good, timely data to help them more effectively accomplish the goals set forth in welfare reform. This is why is makes sense to invest in both types of surveys, the SIPP and this bill. As social policy and flexibility shifts to the States, the data measuring its effects should be specific.
This bill, the State Child Well Being Research Act of 2005, is intended to fill this information gap by collecting timely, State- specific data that can be used by policy-makers, researchers, and child advocates to assess the well being of children. It would require that a survey examine the physical and emotional health of children, adequately represent the experiences of families in individual States, be consistent across States, be collected annually, articulate results in easy to understand terms, and focus on low-income children and families.
The proposed legislation will provide data for all States, including small rural States that cannot be covered under SIPP because the sample size is too small. A modest investment in this bill would offer State data for the twenty-three rural states of Alabama, Alaska, Arkansas, Hawaii, Idaho, Iowa, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Vermont, West Virginia, and Wyoming. Moreover, data from a cross-sectional survey would be available to State policy-makers on a far more timely basis than those of a national longitudinal study, a matter of months instead of years.
Further, this bill avoids some of the other problems that plague the current system by making data files easier to use and more readily available. As a result, the information will be more useful for policy- makers managing welfare reform and programs for children and families.
This legislation also offers the potential for the Health and Human Service Department to partner with several private charitable foundations, including the Annie E. Casey, John D. and Catherine T. MacArthur, and McKnight foundations, who are interested in forming a partnership to provide outreach and support and to guarantee that the data collected would be broadly disseminated. This type of public- private partnership helps to leverage additional resources for children and families and increases the study's impact. Given the tight budget we face, partnerships make sense.
I hope my colleagues will support this effort to learn about the well-being of our children in rural States. I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to introduce legislation with Senator Dorgan to provide a financial safety net for the families of our servicemembers who proudly serve in our Nation's military Reserve…
Mr. President, I rise today to introduce legislation with Senator Dorgan to provide a financial safety net for the families of our servicemembers who proudly serve in our Nation's military Reserve and National Guard.
Today, our National Guard and Reserve units are being called upon more than ever and are being asked to serve their country in a very different way than in the past. The Global War on Terror and the high operational tempo of our military require that our Reserve components play a more active role in the total force.
In the past, our Reservists were exactly what their name implied--a backup force called upon one weekend a month and two weeks a year. However, as the Cold War melted away, so did much of our military. Active Duty numbers were reduced as our major threat, the Soviet Union, fell apart. Since this reduction in our Active Duty armed forces, the burden has fallen to the Reservists to ``pick up the slack.''
Unlike any other time in our Nation's history, we now depend heavily on our Reserve component and have called on many of them to participate in major deployments, including Operation Enduring Freedom and Operation Iraqi Freedom. These deployments frequently necessitate extended tours of duty, many of them exceeding twelve months, for these citizen-soldiers.
These long tours and frequent activations have a profound and disruptive effect on the lives of these men and women and on the lives of their families and loved ones. Many of our reservists suffer a significant loss of income when they are mobilized--forcing them to leave often higher paying civilian jobs to serve their country. Such losses can be compounded by additional family expenses associated with military activation, including the cost of long distance phone calls and the need for
additional child care. These circumstances create a serious financial burden that is extremely difficult for reservists' families to manage. We can and should do more to alleviate this financial burden.
Previously, the Pentagon tried to address this problem by offering members of the National Guard and Reserve the opportunity to buy insurance to protect against income loss upon mobilization in the mid- 1990s. The program sold coverage for income losses of up to $5,000 per month. Unfortunately, the program was poorly planned and executed, and Congress had to appropriate substantial money to bail out the program before it was terminated. Since then, the private sector has shown little interest in reviving the mobilization income insurance program even though the Reserve Forces Policy Board has sighted income protection as one of its top recommendations.
It is critical that we find another way to deal with the issue. Therefore, Senator Dorgan and I have proposed the Military Reserve Mobilization Income Security Act. This legislation would provide a completely refundable income tax credit of up to $20,000 annually to a military reservist called to active duty. The amount of the tax credit would be based upon the difference between wages paid by the reservist's civilian job and the military wages paid upon mobilization. The tax credit would be available to members of the National Guard or Ready Reserve who are serving for more than 90 days and would vary according to their length of service.
Now is the time to recognize the service and sacrifice of the men and women who are in the Reserves. At a time when the Nation is once again calling them to active duty to execute the war in Iraq, fight the War on Terrorism, and to defend our homeland it is imperative that Congress recognize the vital role these soldiers play within our military and acknowledge that the success of our military depends on these troops.
I believe that what Senator Dorgan and I are doing with this bill is the least we can do for these men and women and their families. It is not too much to ask of our Nation and more importantly, it is the right thing to do.
Mr. President, I rise today with my colleague from New York to introduce the Military Personnel Financial Services Protection Act of 2005. This bill is needed to protect our military personnel and…
Mr. President, I rise today with my colleague from New York to introduce the Military Personnel Financial Services Protection Act of 2005. This bill is needed to protect our military personnel and their families from unscrupulous financial products. Over the past year, it has become increasingly clear to many that the lack of oversight in this area has allowed certain individuals to push high cost financial products on unknowing military personnel. This practice must be stopped. Our soldiers and their families deserve much better, especially during a time when so many of them are serving at home and overseas to protect our freedom.
The bill that we introduce today will halt completely the sale of a mutual fund-like product that charges a 50 percent sales commission against the first year of contributions by a military family. Currently, there are hundreds of mutual fund products available on the market that charge less than six percent. The excessive sales charges of these contractually based financial products make them susceptible to abusive and misleading sales practices.
In addition, certain life insurance products are being offered to our service members disguised and marketed as investment products. These products provide very low death benefits while charging very high premiums, especially in the first few years. Many of these products are unsuitable for the insurance and investment needs of military families.
One of the major problems with the sale of insurance products on military bases is the confusion of whether state insurance regulators or military base commanders are responsible for the oversight of sales agents. Typically, military base commanders will bar certain sales agents from a military base only to have the sales agents show up at other military facilities. Since there is no record of the bar, State insurance regulators have been unable to have adequate oversight of the individuals. The bill that we introduce today will solve that problem. It will state clearly that State insurance regulators have jurisdiction of the sale of insurance products on military bases.
The bill will also urge State insurance regulators to work with the Department of Defense to develop life insurance product standards and disclosures. The Department of Defense will keep a list of individuals who are barred or banned from military bases due to abuse or unscrupulous sales tactics and to share that list with Federal and State insurance, securities and other relevant regulators.
Finally, the bill that we are introducing today will protect our military families by preventing investment companies from issuing periodic payment plan certificates, the mutual fund-like investment product with extremely high first year costs. This type of financial instrument has been criticized by securities regulators since the late 1960s.
It should be noted that there are many upstanding financial and insurance companies that sell very worthwhile investment and insurance products to military families. They should be applauded for the fine job that they do in helping our military members and their families. This bill is targeted at the few who abuse the system and prey upon our military.
Congress is fully aware of the dangers faced by our military personnel in keeping our country safe from harm. Likewise, we must do all that we can to arm our soldiers when they face the dangers of planning for their financial futures.
I urge my colleagues to take up this bill immediately so that we can help our men and women in the military and their families.
Mr. President, I rise to introduce, along with Senator Nelson of Florida, Senator Kyl of Arizona, Senator Allen of Virginia, Senator Bunning of Kentucky, Senator Chambliss of Georgia, and Senator…
Mr. President, I rise to introduce, along with Senator Nelson of Florida, Senator Kyl of Arizona, Senator Allen of Virginia, Senator Bunning of Kentucky, Senator Chambliss of Georgia, and Senator Dole of North Carolina, legislation that would permanently extend the current treatment of investments made to motorsports entertainment complexes, ensuring that this important economic engine for our economy continues to roar. The Motorsports Fairness and Permanency Act of 2005 will help ensure that job-creating investments in motorsports facilities continue to be made under the same economic assumptions and tax treatment used for the last several decades--decades that have witnessed the most explosive growth in motorsports' long history.
Motorsports is the fastest growing sport in the United States, drawing fans to tracks and speedways around the country. In fact, there are over 900 motorsports facilities throughout the U.S., with tracks in every State. These facilities contribute to the economy by attracting motorsports enthusiasts and tourists, hiring permanent and temporary employees, and making capital investments. Facilities of every type-- from local tracks that run weekly racing series to ``superspeedways'' that host nationally-televised events--must continually upgrade and reinvest in order to remain competitive.
Motorsports play a significant role in the Commonwealth of Pennsylvania, where racing is an integral part of Pennsylvania's economy with 60 racing facilities in every corner of the State. In fact, Pennsylvania is tied with California for the second-most motorsports facilities of any State.
Our facilities and tracks span across the Commonwealth and include the nationally known Pocono Raceway in Long Pond, Lake Erie Speedway, and Maple Grove Raceway, located just outside of Reading. These and other raceways in Pennsylvania hold NASCAR, National Hot Rod Association, Import Drag Racing Circuit, and other racing events, drawing hundreds of thousands of fans each year contributing vital economic support to their local communities.
It is clear that motorsports racing plays an important role in Pennsylvania, just as it does across this country. When making these capital investments, owners of motorsports facilities have long relied on and in good faith applied a 7-year depreciation life for these assets, but a few years ago the IRS began to raise some questions about the use of the 7-year classification. Last year, in H.R. 4520, the American Jobs Creation Act of 2004, Congress clarified that the appropriate depreciation period for motorsports assets was indeed 7 years. Due to revenue constraints in that particular bill, the provision on motorsports asset classification will lapse in 2008, meaning that Congress needs to act to permanently extend the provision. These capital expenditures, such as major improvements to existing tracks or building new tracks, require several years of planning followed by construction. Without a permanent provision that provides clarity and certainty, significant capital investments in motorsports facilities--and the jobs and economic gains those investments bring-- could be negatively impacted.
I am hopeful that my colleagues in the Senate will join me in support of permanently extending the current treatment of investments in motorsports entertainment facilities.
Mr. President, today I am introducing the Medicare Prescription Drug Price Reduction Act of 2005, and am pleased to be joined by my colleagues, Senators Carper, Kennedy, Schumer, Bingaman, and…
Mr. President, today I am introducing the Medicare Prescription Drug Price Reduction Act of 2005, and am pleased to be joined by my colleagues, Senators Carper, Kennedy, Schumer, Bingaman, and Johnson.
This legislation is very simple and very straightforward: it would allow the Secretary of Health and Human Services to negotiate directly with pharmaceutical manufacturers on behalf of our seniors and the disabled to get the lowest possible prices.
Last week we learned that the Medicare prescription drug benefit will cost more than 1 trillion dollars--$1.2 trillion to be exact--just for the years 2006 through 2015.
Some of our colleagues are responding to the news of the $1.2 trillion price tag with plans to reduce the benefit. But the benefit as currently structured is far from comprehensive. Seniors are responsible for $420 in premiums, and a $250 deductible before they get one penny's worth of help towards the cost of their prescription drugs. Once the benefit kicks in, they will face a hefty copayment, and many will fall into the infamous ``hole'' in the benefit and--at the same time they continue to pay premiums--not get any assistance at all.
Even with a $1.2 trillion pricetag, our seniors will have to shoulder two-thirds of the cost of their prescription drugs. Neither the seniors and disabled, nor the taxpayers, should be paying so much for so little.
Last week's news of the cost of the benefit makes it clear that we must give Medicare the ability to use the market power of 41 million people to secure the lowest prices possible for seniors, the disabled, and the American taxpayer.
Our response to the new cost estimate shouldn't be to reduce the already meager benefit but to use our dollars more efficiently. The change that my colleagues and I are seeking would allow us to improve the drug benefit--by lowering the cost of the drugs, we could fill in the gaps in coverage and provide a more meaningful benefit.
Former HHS Secretary Thompson said at his December 3rd resignation press conference that he would have liked to have had the opportunity to negotiate lower drug prices.
I expect Secretary Thompson knows what every smart buyer knows: the more you are buying of anything, the better deal you get. We all know that Sam's Club gets the best prices on breakfast cereal, batteries, and paper towels because they represent a huge market.
And now that Secretary Leavitt is tasked with running the program, we should give him as many tools as possible to run this program at the lowest possible cost.
Today the only entity in this country that cannot bargain for lower group prices is Medicare. The States, Fortune 500 companies, large pharmacy chains, and the Veterans' Administration use their bargaining clout to obtain lower drug prices for the patients they represent.
Medicare should have that same ability. It doesn't make any sense to prohibit the Secretary from using the clout of our 41 million seniors to help get them the best possible prices on prescription drugs.
I urge my colleagues to join me in passing this commonsense approach to providing real savings for our seniors and the disabled, and ensuring the most efficient use of taxpayer dollars.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today with my colleague from Arizona, Senator Kyl, to introduce a bill that will eliminate the death tax once and for all. I want to thank my friend for his tireless leadership…
Mr. President, I rise today with my colleague from Arizona, Senator Kyl, to introduce a bill that will eliminate the death tax once and for all. I want to thank my friend for his tireless leadership in fighting to completely and permanently repeal this unfair and unwise tax. I am proud to join him in this bipartisan effort.
First, though, I think a little historical context is important. Remembering back to 2001, this body passed a tax cut bill that set us on the path toward full repeal of the death tax. Under this plan, between 2001 and 2009, the tax gradually is phased out, reducing the marginal rates and increasing the amount that would be exempt from taxes.
Then, in 2010, the death tax will be eliminated. But it springs back to life in 2011 at the level it was in 2001.
Today, the legislation we are introducing tends to Congress' unfinished business. Our bill eliminates the so-called ``sunset'' date and, simply put: keeps the death tax dead.
This is an important point. It is a matter of intellectual honesty and provides much needed stability in estate planning. No one ever truly expected the death tax would revert to pre-2001 levels. This was a quirk of the budget process, and something I always believed would be remedied.
Without action to create permanence in the Tax Code, this on-again, off-again, then on again approach makes estate planning complicated and uncertain. As it stands now--financially speaking--2010 will be a good year to die, but dying in 2011 will be very expensive for your heirs. This was never Congress' intent.
Furthermore, I believe the cost of planning is a tremendous burden on our economy. Rather than reinvesting resources in their businesses, Americans are paying lawyers, accountants and insurers to help insulate their families from the cost of the death tax. Typical business owners are more concerned about avoiding the tax than investing in their businesses and making money, which creates jobs and stimulates the economy.
I echo the feelings of an editor at the Arkansas Democrat-Gazette, who in 2001 called this tax ``an un-American drag on the American Dream--and economy.''
Since my election in 2000 it has been a priority of mine to do away with this tax, helping business owners and family farmers to improve their children's standard of living, and to reinvest in the nation's economy. This is the wrong tax levied at the wrong time; we should not be taxing individuals at death, forcing family members to make a choice between selling assets or keeping the family business.
In particular, farmers in Florida are affected more than their fair share by this tax. With the high price of land, farms can easily outgrow the exemptions in current law. When a parent dies, children are forced to sell the land in order to cover the death tax. A family legacy is lost, and so are jobs.
I am proud to introduce this bill today, and I look forward to working with Senator Kyl as we try to lend some stability and sensibility to how taxes are levied at death.
Bill Text
6 versions available
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 449 Enrolled Bill (ENR)]
S.449
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 facilitate shareholder consideration of proposals to make Settlement
Common Stock under the Alaska Native Claims Settlement Act available to
missed enrollees, eligible elders, and eligible persons born after
December 18, 1971, 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. TECHNICAL AMENDMENT TO ALASKA NATIVE CLAIMS SETTLEMENT ACT.
Section 36(d)(3) of the Alaska Native Claims Settlement Act (43
U.S.C. 1629b) is amended--
(1) by striking ``(d)(3)'' and inserting ``(3)'';
(2) in the matter preceding subparagraph (A), by striking ``of
this section'' and inserting ``or an amendment to articles of
incorporation under section 7(g)(1)(B)'';
(3) in subparagraph (A)--
(A) by striking ``, or'' and inserting ``; or''; and
(B) by striking ``such resolution'' and inserting ``the
resolution or amendment to articles of incorporation''; and
(4) in subparagraph (B), by striking ``such resolution'' and
inserting ``the resolution or amendment to articles of
incorporation''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.