[Congressional Record (Bound Edition), Volume 151 (2005), Part 16]
[Senate]
[Pages 22148-22150]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

  By Mr. ALEXANDER (for himself and Mr. Cornyn):
  S. 1815. A bill to amend the Immigration and Nationality Act to 
prescribe the binding oath or affirmation of renunciation and 
allegiance required to be naturalized as a citizen of the United 
States, to encourage and support the efforts of prospective citizens of 
the United States to become citizens, and for other purposes; to the 
Committee on the Judiciary.
  Mr. ALEXANDER. Mr. President, Senator Cornyn and I are introducing 
legislation to amend the Immigration and Nationality Act. The 
legislation would be called the Strengthening American Citizenship Act.
  Over the next several weeks, this body will be engaged in a debate 
about immigration reform. It is an essential debate which we must have 
in order to honor our commitment to the rule of law. I believe that 
real immigration reform must encompass three important steps.
  First, we must secure our borders. Senators Cornyn, Kyl, McCain, and 
Kennedy have introduced differing legislation with that goal in mind.
  Second, we need to create a legal status for foreign workers and 
foreign students who come here. Cornyn-Kyl and McCain-Kennedy also 
address the question of workers. Later this month, I intend to 
introduce legislation to ensure that our immigration system creates an 
appropriate legal status for and welcomes the more than 550,000 foreign 
students who study at our universities and who, incidentally, 
contribute to our high standard of living by doing so.
  But there is a third step to any real immigration reform. After we 
secure our borders, after we create a legal status for foreigners who 
work here and study here, the third indispensable step is to help 
prospective citizens become Americans. That is why today I am 
introducing the Strengthening American Citizenship Act. I am pleased to 
be joined by Senator Cornyn in this effort.
  The Strengthening American Citizenship Act helps legal immigrants who 
are prospective American citizens to learn our common language, our 
history, and our way of Government in the following ways: First, 
providing $500 grants for English courses; next, allowing prospective 
citizens who become fluent in English, not just basic in English, but 
fluent in English, to apply for citizenship 1 year early; next, 
providing for grants to organizations to provide courses in American 
history and civics; authorizing the creation of a new foundation to 
assist in those efforts; codifying the oath of allegiance to which new 
citizens swear when they are naturalized; asking the Department of 
Homeland Security to carry out a strategy to highlight the moving 
ceremonies in which immigrants become American citizens; and finally, 
establishing an award to recognize the contributions of new citizens to 
our great Nation.
  This bill is about fulfilling the promise of our national motto that 
is written right above you, Mr. President, on the Senate wall: ``E 
Pluribus Unum,'' one from many. It is in the most visible place in the 
Senate Chamber. As a nation of immigrants, that motto--from many, one--
is very important to us. While our unique history makes us a diverse 
nation, we are still one American Nation. How do we do that? How do we 
as Americans take all of the magnificent diversity that is the United 
States and mold it into a single nation? We can be one nation because 
we are united by principles expressed in our founding documents, such 
as liberty, democracy, and the rule of law, and not by our multiple 
ancestries. We are united by our common language, English, and by our 
history of constantly struggling to reach the high ideals that we have 
set for ourselves as a nation.
  Part of that American history is welcoming new immigrants to join our 
Nation. We are unique in the world in our attitude toward welcoming 
others. America is different because under our Constitution becoming an 
American can have nothing to do with ancestry. That is because America 
is an idea, not a race. An American can technically become a citizen of 
Japan, in rare cases, but would never be considered

[[Page 22149]]

Japanese. But if a Japanese person wants to become a citizen of the 
United States, he or she must become an American.
  Recently, I was privileged to witness as 99 immigrants from 46 
different countries became Americans. It was on a Constitution Day 
ceremony. I have attended naturalization ceremonies in Nashville and 
across my State many times in the past. It is a moving experience that 
I recommend to all of my colleagues.
  This naturalization ceremony a few weeks ago was a special one held 
at the Jefferson Memorial. The same ceremonies are held in courthouses 
across the country. I watched those 99 new Americans swear an oath of 
allegiance to this country. It is a powerful oath where they renounce 
allegiance to their former country and swear allegiance to ours and to 
the Constitution. It is the oath we will finally enshrine in law in 
this bill.
  That oath is a part of our history. It dates back to the founding of 
our Nation almost 230 years ago. Those 99 new Americans who took that 
oath at the Jefferson Memorial a few weeks ago were basically taking 
the same oath George Washington gave to his soldiers in revolutionary 
times.
  On May 12, 1778, as brave Americans were fighting for our freedom, 
George Washington himself, and his general officers, signed a very 
similar oath as they were camped at Valley Forge. Let me read a part of 
Washington's oath. This is a copy of the oath Washington took. The 
Archivist of the United States brought it to me. There is Washington's 
own signature. We can imagine the circumstances and imagine the times. 
It was in the early stages of the Revolutionary War. Things were not 
going very well. These soldiers were camped at Valley Forge and this 
was the oath Washington himself took and that he gave to his officers 
and required them to sign.

       I, George Washington, Commander in chief of the Armies of 
     the United States of America, do acknowledge the United 
     States of America, to be Free, Independent and Sovereign 
     States, and declare that the people thereof owe no allegiance 
     or obedience to George the Third, King of Great Britain; and 
     I renounce, refuse and abjure any allegiance or obedience to 
     him; and I do swear that I will to the utmost of my power, 
     support, maintain and defend the United States...

  That is how George Washington and his officers swore allegiance to 
our country, and it has set the standard for American citizens from 
that time forward. Every American should learn about that standard.
  Since I was elected to this body in 2002, I have been working to 
ensure that American children learn American history and civics. With 
the help of Democratic leader Senator Reid and many other Senators on 
both sides of the aisle, we passed legislation in December of 2003 to 
establish residential academies for teachers and congressional 
academies for students of American history and civics. Some are 
residential academies to help teachers and outstanding students learn 
more about these important subjects so they can pass it on to their 
students and classmates.
  This year, I hope to pass a bill with Senator Kennedy to provide for 
improved testing of American history so we can determine where history 
is being taught well and where it is being taught poorly so 
improvements can be made. We also know that when testing is focused on 
a specific subject, States and school districts are more likely to step 
up to the challenge and improve performance. So we are beginning to 
make progress in reaching out to our children so that they understand 
what this country is all about.
  There is another group of Americans we must also reach: New 
Americans. Last week, there was a report in Florida of a 27-year-old 
Guatemalan man who posed as an 18-year-old so he could attend public 
high school and learn English there. So we know immigrants are eager to 
learn our common language. That is why I, with Senator Cornyn, am 
introducing this bill to help legal immigrants who are prospective 
American citizens to learn our common language, our history, and our 
way of governing.
  The Strengthening American Citizenship Act will, No. 1, provide 
education grants up to $500 for English courses to immigrants who 
declare intent to become American citizens. They might use these grants 
to take a class from a local nonprofit organization or a community 
college. It would also allow citizenship applicants who speak fluent 
English to meet the residency requirement after 4 years of living in 
the United States, rather than 5.
  Secondly, our legislation would help prospective citizens learn more 
about the American way of life. It would do it in these two ways: One, 
establishing a foundation to support the activities of the Office of 
Citizenship, which is within the Department of Homeland Security, so 
that organizations that want to support and cooperate in efforts to 
reach out to prospective citizens can do so.
  Second, it would provide for grants to organizations to provide 
classes in American history and civics. While new citizens are required 
to demonstrate a knowledge of American history and government in a 
test, helping them access a history or civics class will allow many to 
gain a richer understanding of our country and, by doing so, to feel 
more at home in the United States.
  The third major area this legislation covers would be to codify this 
oath of allegiance which began with George Washington's oath at Valley 
Forge. The oath today is written only in Federal regulations, not in 
the law. This would give the oath the same standing as the Pledge of 
Allegiance and the national anthem.
  Finally, we should celebrate our new citizens. Our legislation would 
instruct the Secretary of Homeland Security to develop and implement a 
strategy to raise public awareness of naturalization ceremonies. These 
ceremonies, which happen virtually every day in the United States, 
embody what it means to become an American. Every U.S. citizen, not 
just those from foreign countries, ought to see one. It is my hope that 
more of these ceremonies will be held in prominent locations and 
televised on C-SPAN.
  We also would establish an award for citizens who have been 
naturalized within the last ten years and have made an outstanding 
contribution to the American nation. Our new citizens are often our 
best citizens, and this bill would give the President this 
responsibility so that we can recognize how new Americans play a 
critical role in the progress of our country.
  We are a nation of immigrants. Almost all of us can trace our 
ancestry to some part of the globe quite far from here. Over the coming 
weeks this body will debate how to reform our immigration system. I 
believe comprehensive reform must include three things: No. 1, securing 
our borders; No. 2, creating a legal status for foreign workers and 
foreign students whom we welcome here; and, No. 3, helping prospective 
citizens become Americans.
  The Strengthening American Citizenship Act fulfills that third 
objective. Comprehensive immigration reform must include efforts to 
help new Americans become a part of our national family.
                                 ______
                                 
      By Mr. SANTORUM:
  S. 1816. A bill to amend the Internal Revenue Code of 1986 to allow 
the manufacturing deduction provided by the American Jobs Creation Act 
of 2004 with respect to income attributable to domestic production 
activities in Puerto Rico; to the Committee on Finance.
  Mr. SANTORUM. Mr. President, I rise today to introduce a bill to 
bring equity and fairness to the manufacturing and production 
activities in Puerto Rico. Earlier this Congress, my colleague from the 
House of Representatives, Delegate Luis Fortuno, introduced H.R. 2181 
to extend section 199 to manufacturing and production activities in 
Puerto Rico.
  In the American Jobs Creation Act of 2004, we enacted section 199 
that provides a deduction for income attributable to certain 
manufacturing activities. However, section 199 currently applies only 
to manufacturing and production activities in the U.S., and does not 
extend to Puerto Rico. This bill merely places the manufacturing and 
production activities in Puerto Rico on even footing with those 
conducted

[[Page 22150]]

within the United States. It contains the additional safeguard of 
assuring that the extension of this deduction is only available where 
the income of the company is subject to immediate U.S. tax.
  I have worked with my colleague in the House as he has perfected this 
language to narrowly meet the needs of his constituents, and I am 
pleased to be able to help him move this legislation forward in the 
Senate. I urge my colleagues to support this provision and bring 
fairness to the treatment of these important and vital economic 
activities.
                                 ______
                                 
      By Mr. DeMINT:
  S. 1817. A bill to suspend the Davis-Bacon Wage rate requirements for 
Federal contracts in areas declared national disasters; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. DeMINT. Mr. President, today I introduce the Cleanup and 
Reconstruction Enhancement Act, CARE Act, legislation that would free 
those trying to rebuild after emergencies from burdensome regulations 
imposed by the Davis-Bacon Act.
  As Chairman of the Senate Commerce Subcommittee on Disaster 
Prevention and Prediction, I traveled to the gulf coast to see the 
destruction caused by Hurricane Katrina. My heart went out to the 
victims and their families, and my hope was to see the infrastructure 
there restored as quickly as possible to avoid further destruction and 
loss of life. Unfortunately, Federal law places barriers on our efforts 
to respond to Hurricane Katrina quickly and efficiently.
  The Inspector General at the U.S. Department of Labor concluded in a 
May 2004 report that 84 percent of Davis-Bacon wage determination 
surveys take more than a year and a half to complete, forcing emergency 
projects to use outdated wage determinations and to suffer needless 
delays. The Davis-Bacon Act also prohibits the use of entry-level 
workers classified as ``helpers'' on federally funded projects, and 
artificially raises construction costs by up to 33 percent. 
Furthermore, the Davis-Bacon Act discourages many small businesses from 
bidding on public projects, because contractors who are unfamiliar with 
the complex set of laws and regulations often choose not to participate 
in reconstruction efforts or end up being cited or sued for naively 
violating laws.
  For these reasons, Davis-Bacon regulations were suspended by 
Executive Order 11 days after Hurricane Katrina ravaged the Gulf Coast. 
Knowing what we know now, it is unconscionable for us to force victims 
of future disasters to suffer through any waiting period before we 
remove barriers to reconstruction. The CARE Act would automatically 
trigger a year-long suspension of Davis-Bacon Act rules in all future 
disaster sites that receive an emergency declaration from the 
President.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1817

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Cleanup and Reconstruction 
     Enhancement Act'' or ``CARE Act''.

     SEC. 2. SUSPENSION OF DAVIS-BACON WAGE REQUIREMENTS IN 
                   NATIONAL DISASTER AREAS.

       Section 3147 of title 40, United States Code, is amended by 
     adding at the end the following: ``In any area that the 
     President determines to be a major disaster under section 
     102(2) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122(2)), the provisions 
     of this subchapter shall not apply for a period of 1 year 
     from the date on which the President makes such 
     determination.''.
                                 ______
                                 
      Mr. KERRY (for himself, Mr. Schumer, and Mrs. Clinton):
  S. 1818. A bill to amend the Internal Revenue Code of 1986 to allow 
the manufacturing deduction provided by the American Jobs Creation Act 
of 2004 with respect to income attributable to domestic production 
activities in any possession of the United States, and for other 
purposes; to the Committee on Finance.
  Mr. KERRY. Mr. President, the manufacturing deduction provided by the 
American Jobs Creation Act of 2004 does not include income from goods 
produced in any possession of the United States. Today along with 
Senators Clinton and Schumer, I am introducing legislation which would 
allow the manufacturing deduction to include income attributable to 
domestic production in possessions of the United States. This 
legislation would make the manufacturing deduction available only for 
the possession income of U.S. residents.
  During the Senate Finance markup of the manufacturing deduction, I 
offered an amendment that would extend this deduction to income from 
goods produced in the possessions of the United States. The amendment 
was agreed to by the Finance Committee, but unfortunately the provision 
was not included in the conference agreement. I do not know why the 
Republican chaired conference committee removed this provision so 
important to the people of Puerto Rico and elsewhere.
  Most United States businesses that operate in the possessions use the 
possessions tax credit or the Puerto Rican economic activities credits. 
In 1996, Congress passed the Small Business Job Protection Act of 1996 
which included a provision that phased-out the tax credits and 
completely repeals them beginning in 2006.
  The legislation that I am introducing today would help the businesses 
that are no longer able to benefit from these credits. More 
importantly, this legislation provides an equitable solution. There is 
no reason why companies operating in the possessions should not receive 
the same manufacturing deduction as companies operating in the mainland 
United States, Alaska, or Hawaii.

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