Statements on Introduced Bills and Joint Resolutions

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

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By Mr. DURBIN:

S. 2442. A bill to require the President or the Committee on Foreign Investment in the United States to submit to Congress draft investigation reports on national security related investigations, to address mandatory investigations by such committee, and for other purposes; to the Committee on Banking, Housing, and Urban Affairs.

Mr. DURBIN. Mr. President, I rise today to introduce common sense legislation that would improve the way we review proposed purchases of American assets by foreign companies and governments.

Much has already been said about the prospect of Dubai Ports World taking responsibility for some of the operations of our nation's ports. The way that the Bush Administration has handled this situation has made it very clear that the process we currently use to review the national security implications of foreign acquisitions is simply not working. We must do better.

Let me be clear: I do not believe that we should automatically dismiss out of hand any potential foreign investments in this country. Vibrant trade, when conducted sensibly and fairly, is good for America.

However, I think that for any proposed deal in which a foreign company would take over important responsibilities related to America's critical infrastructure--whether it be our ports, our railroads, our airports, or anything else that is fundamental to our national security--we should take a very close look at such a deal.

For any proposed deal in which a foreign country would take over any of our nations' companies, we should take an even closer look.

I strongly believe that we should be building our ties with friendly Arab nations, through diplomacy, trade, and all of the other mechanisms we have at our disposal. However, the process by which this Dubai Ports World deal was waved through by the Bush Administration without anything resembling a thorough review of the security risks is simply not good enough.

This bill would improve the review process in five ways.

First, my legislation would require that a more thorough 45-day investigation be undertaken by the Committee on Foreign Investment in the United States (CFIUS) when either of two situations occurs: when a foreign government wants to purchase any assets in the United States, and when a foreign-owned company wants to purchase critical infrastructure in the United States.

Second, my bill would mandate that at least 7 days before the end of a foreign investment review, the CFIUS chair must submit a draft of its report to the Homeland Security committees in each chamber.

Third, when the CFIUS review is completed, each cabinet secretary whose agency has been involved in the review must certify in writing his or her agreement or dissent.

Fourth, under current law, the President can only block a transaction when the buyer ``might fail to take necessary action to prevent impairment of the national security,'' which is an extraordinarily high threshold for action. My bill would lower the threshold so that the President can realistically take action in more ambiguous situations where there is credible evidence that the buyer itself presents a national security threat.

Fifth, the bill would mandate that CFIUS should be chaired by the Secretary of Homeland Security instead of the Secretary of the Treasury.

I believe that these common sense reforms will support healthy trade and investment, but will at the same time ensure that foreign investments in American assets do not compromise our national security. I look forward to working with my colleagues to combine my bill with the many other good ideas that have been proposed in order to pass legislation that will make this review process stronger.

Our national security--and our economic strength--depend on it.

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By Mr. DURBIN (for himself and Mr. Obama):

S. 2445. A bill to permit certain school districts in Illinois to be reconstituted for purposes of determining assistance under the Impact Aid program; to the Committee on Health, Education, Labor, and Pensions.

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

There being no objection, the text of the bill was ordered to be printed in the Record, as follows:

S. 2445

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

SECTION 1. ELIGIBILITY FOR IMPACT AID PAYMENT.

(a) Local Educational Agencies.--Notwithstanding section 8013(9)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)(B)), North Chicago Community Unit School District 187, North Shore District 112, and Township High School District 113 in Lake County, Illinois, and Glenview Public School District 34 and Glenbrook High School District 225 in Cook County, Illinois, shall be considered local educational agencies as such term is used in and for purposes of title VIII of such Act.

(b) Computation.--Notwithstanding any other provision of law, federally connected children (as determined under section 8003(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a))) who are in attendance in the North Shore District 112, Township High School District 113, Glenview Public School District 34, and Glenbrook High School District 225 described in subsection (a), shall be considered to be in attendance in the North Chicago Community Unit School District 187 described in subsection (a) for purposes of computing the amount that the North Chicago Community Unit School District 187 is eligible to receive under subsection (b) or (d) of such section if--

(1) such school districts have entered into an agreement for such students to be so considered and for the equitable apportionment among all such school districts of any amount received by the North Chicago Community Unit School District 187 under such section; and

(2) any amount apportioned among all such school districts pursuant to paragraph (1) is used by such school districts only for the direct provision of educational services.

By Mr. DURBIN:

S. 2448. A bill to increase the minimum penalties for violations of the Federal Mine Safety and Health Act of 1977, and for other purposes; to the Committee on Health, Education, Labor, and Pensions.

Mr. DURBIN. Mr. President, I rise today to introduce the Mine Safety Enforcement, Reporting, and Training Act. This bill will raise the minimum fine for safety violations from $60 to $500, require coal mine operators to pay fines up front, require a public yearly report of fine payments, and double funding for education and training grants to States from $10 million to $20 million.

The recent tragic events in West Virginia and Kentucky have captured the Nation's attention and exposed the serious dangers our miners face every day. Safety violations often result in injuries that cost miners their health, livelihood or lives. Safety inspectors have advised me that the fines need to be tougher when a company violates our safety laws and that we need to put more resources into training inspectors.

The vast majority of fines issued in 2005 were under $100. Unfortunately, many multimillion dollar mining companies view these fines no worse than a minor speeding ticket. Hopefully, raising the minimum fine from $60 to $500 will prompt these companies to get serious about making safety improvements.

Many coal operators are taking advantage of the current system which allows them to withhold payment of fines levied against them while negotiating to reduce the amount of those fines. From 2001 to 2003, more than two-thirds of all major fines were reduced from the original amount imposed by safety inspectors from the Mine Safety and Health Administration (MSHA). MSHA reports that of the fines that are appealed, the average reduction is 47 percent.

Moreover, since 2001, almost half of all fines have not been collected. Federal records also show that in the last two years the federal mine safety agency has failed to hand over any delinquent cases to the Treasury Department for further collection efforts, as is supposed to occur after 180 days. I believe that a public report card of fine payments gives us the chance to grade these companies and make necessary changes before we have another tragic accident on our hands.

Over the years, funding for education and training grants has steadily declined--seriously impacting the agency's ability to meet the training needs of individual States. Nationally, MSHA awards up to $10 million in grants annually, and like many other states, my home state of Illinois has witnessed a reduction in grants in the past ten years, which is especially troublesome during a time of revived coal mining activity. State regulating agencies, such as the Illinois Office of Mines and Minerals, uses the funds it receives from MSHA to purchase safety vehicles, rescue training equipment and to help train new coal mine employees. Not only are state mine agencies unable to purchase new equipment as old equipment wears out, but state agencies are having trouble purchasing modern mine rescue training equipment.

I hope that my colleagues will join me in this effort to increase enforcement efforts, public reporting of violations, and education and training grants for the benefit of our coal miners across the country. Our coal miners deserve no less.

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

There being no objection, the text of the bill was ordered to be printed in the Record, as follows:

S. 2448

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