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``(b) INVESTIGATIONS AND INJUNCTIONS.--
``(1) AUTHORITY.--The Administration may--
``(A) conduct any investigation that it considers necessary to determine whether any person has violated, or is about to violate, any provision of this title or any regulation prescribed under this title;
``(B) require or permit any person to file with it a statement in writing, under oath or otherwise as the Administration shall determine, as to all the facts and circumstances concerning the matter to be investigated;
``(C) in its discretion, publish information concerning any violations; and
``(D) investigate any facts, conditions, practices, or matters to aid in the enforcement of the provisions of this title, in the prescribing of regulations under this title, or in securing information to serve as a basis for recommending legislation concerning the matters to which this title relates.
``(2) POWERS.--
``(A) IN GENERAL.--For the purpose of any investigation under paragraph (1), or any other proceeding under this title, any officer designated by the Administration may administer oaths and affirmations, subpoena or otherwise compel the attendance of witnesses, take evidence, and require the production of any books, papers, correspondence, memorandums, or other records which the Administration considers relevant or material to the inquiry.
``(B) WITNESSES AND EVIDENCE.--The attendance of witnesses and the production of any documents under subparagraph (A) may be required from any place in the United States or any State at any designated place of hearing.
``(3) ENFORCEMENT OF SUBPOENAS.--
``(A) CIVIL ACTION.--In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Administration may file an action in any court of the United States within the jurisdiction of which an investigation or proceeding is carried out, or where that person resides or carries on business, to enforce the attendance and testimony of witnesses and the production of books, papers, correspondence, memorandums, and other records. The court may issue an order requiring the person to appear before the Administration to produce records, if so ordered, or to give testimony concerning the matter under investigation or in question.
``(B) FAILURE TO OBEY.--Any failure to obey an order issued by a court under subparagraph (A) may be punished as contempt of that Court.
``(C) PROCESS.--All process in any contempt case under subparagraph (A) may be served in the judicial district in which the person is an inhabitant or in which the person may be found.
``(4) EVIDENCE OF CRIMINAL MISCONDUCT.--
``(A) IN GENERAL.--No person may be excused from attending and testifying or from producing books, papers, contracts, agreements, and other records and documents before the Administration, in obedience to the subpoena of the Administration, or in any cause or proceeding instituted by the Administration, on the ground that the testimony or evidence, documentary or otherwise, required of that person may tend to incriminate the person or subject the person to a penalty or forfeiture.
``(B) LIMITED IMMUNITY.--No individual may be prosecuted or subject to any penalty or forfeiture for, or on account of, any transaction, matter, or thing concerning which that individual is compelled, after having claimed a privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
``(5) INJUNCTIVE RELIEF.--If the Administration determines that any person is engaged or about to engage in any act or practice that constitutes a violation of any provision of this title, or of any regulation prescribed under this title, the Administration may bring an action in the appropriate district court of the United States, the United States District Court for the District of Columbia, or the United States courts of any territory or other place subject to the jurisdiction of the United States, to enjoin the act or practice, and upon a proper showing, the court shall grant without bond a permanent or temporary injunction or restraining order.
``(6) MANDAMUS.--Upon application of the Administration, the district courts of the United States, the United States District Court for the District of Columbia, and the United States courts of any territory or other place subject to the jurisdiction of the United States, shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provisions of this title or any order of the Administration.
``(d) INTERVENTION IN CIVIL ACTIONS.--
``(1) IN GENERAL.--The Administration, on behalf of the public interest, may intervene of right as provided under rule 24(a) of the Federal Rules of Civil Procedure in any civil action relating to professional boxing filed in a United States district court.
``(2) AMICUS FILING.--The Administration may file a brief in any action filed in a court
[Page: S4725] GPO's PDF
``(e) HEARINGS BY ADMINISTRATION.--Hearings conducted by the Administration under this title may be public and may be held before any officer of the Administration or before a State boxing commission. The Administration shall keep appropriate records of the hearings.
``SEC. 208. NONINTERFERENCE WITH LOCAL BOXING AUTHORITIES.
``(a) NONINTERFERENCE.--Nothing in this title prohibits any local boxing authority from exercising any of its powers, duties, or functions with respect to the regulation or supervision of professional boxing or professional boxing matches to the extent not inconsistent with the provisions of this title.
``(b) MINIMUM STANDARDS.--Nothing in this title prohibits any local boxing authority from enforcing local standards or requirements that exceed the minimum standards or requirements promulgated by the Administration under this title.
``SEC. 209. ASSISTANCE FROM OTHER AGENCIES.
``Any employee of any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality may be detailed to the Administration, upon the request of the Administration, on a reimbursable or nonreimbursable basis, with the consent of the appropriate authority having jurisdiction over the employee. While so detailed, an employee shall continue to receive the compensation provided pursuant to law for the employee's regular position of employment and shall retain, without interruption, the rights and privileges of that employment.
``SEC. 210. REPORTS.
``(a) ANNUAL REPORT.--The Administration shall submit a report on its activities to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Commerce each year. The annual report shall include the following:
``(1) A detailed discussion of the activities of the Administration for the year covered by the report.
``(2) A description of the local boxing authority of each State and Indian tribe.
``(b) PUBLIC REPORT.--The Administration shall annually issue and publicize a report of the Administration on the progress made at Federal and State levels and on Indian lands in the reform of professional boxing and commenting on issues of continuing concern to the Administration.
``(c) FIRST ANNUAL REPORT ON THE ADMINISTRATION.--The first annual report under this title shall be submitted not later than 2 years after the effective date of this title.
``SEC. 211. INITIAL IMPLEMENTATION.
``(a) TEMPORARY EXEMPTION.--The requirements for licensing under this title do not apply to a person for the performance of an activity as a boxer, boxing judge, or referee, or the performance of any other professional activity in relation to a professional boxing match, if the person is licensed by a State or Indian tribe to perform that activity as of the effective date of this title.
``(b) EXPIRATION.--The exemption under subsection (a) with respect to a license issued by a State or Indian tribe expires on the earlier of--
``(A) the date on which the license expires; or
``(B) the date that is 2 years after the date of the enactment of this Act.
``SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
``(a) IN GENERAL.--There are authorized to be appropriated for the Administration for each fiscal year such sums as may be necessary for the Administration to perform its functions for that fiscal year.
``(b) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.--Notwithstanding section 3302 of title 31, United States Code, any fee collected under this title--
``(1) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;
``(2) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and
``(3) shall remain available until expended.''.
SEC. 119. EFFECTIVE DATE.
(a) IN GENERAL.--The amendments made by this Act shall take effect one year after the date of the enactment of this Act, except that the provisions of sections 202, 203, and 204 of title II of the Professional Boxing Safety Act of 1996, as added by section 118 of this Act, shall take effect on the date of enactment of this Act.
By Ms. SNOWE (for herself, Mr. BAUCUS, and Mr. BINGAMAN):
S. 2552. A bill to amend part A of title IV of the Social Security Act to give States the option to create a program that allows individuals receiving temporary assistance to needy families to obtain post-secondary or longer duration vocational education ; to the Committee on Finance.
Ms. SNOWE. Mr. President, I rise today to introduce the Pathways to Self-Sufficiency Act of 2002. I am pleased to be joined in introducing this important legislation by my colleagues Senators BAUCUS and BINGAMAN.
This legislation is based upon the highly esteemed Maine program called Parents as Scholars. This program, which uses State Maintenance of Effort, (MOE), dollars to pay TANF -like benefits to those participating in post-secondary education , is a proven success in my State and is a wonderful foundation for a national effort.
We all agree that the 1996 welfare reform effort changed the face of this Nation's welfare system to focus it on work. To that end, I believe that this legislation bolsters the emphasis on ``work first.'' Like many of my colleagues, I agree that the shift in the focus from welfare to work was the right decision, and that work should be the top priority. However, for those TANF recipients who cannot find a good job that will put them on the road toward financial independence, education might well be the key to a successful future of self-sufficiency.
As we have seen in Maine that education has played a significant role in breaking the cycle of welfare and giving parents the skills necessary to find better paying jobs. And we all know that higher wages are the light at the end of the tunnel of public assistance.
The Pathways to Self-Sufficiency Act of 2002 provides State with the option to allow individuals receiving Federal TANF assistance to obtain post-secondary or vocational education . This legislation would give States the ability to use Federal TANF dollars to give those who are participating in vocational or post-secondary education the same assistance as they would receive if they were working.
We all know that supports like income supplements, child care subsidies, and transportation assistance among others, are essential to a TANF recipient's ability to make a successful transition to work. The same is true for those engaged in longer term educational endeavors. This assistance is especially necessary for those who are undertaking the challenge and the financial responsibility of post-secondary education , in the hopes of increasing their earning potential and employability. The goal of this program is to give participants the tools necessary to succeed into the future so that they can become, and remain, self-sufficient.
Choosing to go to college requires motivation, and graduating from college requires a great deal of commitment and work, even for someone who isn't raising children and sustaining a family. These are significant challenges, and that's even before taking into consideration the cost associated with obtaining a bachelor's degree, with a four year program at the University of Maine currently costing almost $25,000. This legislation would provide those TANF recipients who have the ability and the will to go to college the assistance they need to sustain their families while they get a degree.
The value of promoting access to education in this manner to get people off public assistance is proven by the success of Maine's Parents as Scholars, PaS, program. Maine's PaS graduates earn a median wage of $11.71 per hour after graduation up from a median of $8.00 per hour prior to entering college. When compared to the $7.50 median hourly wage of welfare leavers in Maine who have not received a post-secondary degree, PaS graduates are earning, on average, $160 more per week. That translates into more than $8,000 per year--a significant difference.
Furthermore, the median grade point average for PaS participants while in college was 3.4 percent, and a full 90 percent of PaS participants' GPA was over 3.0. These parents are giving their all to pull their families out of the cycle of welfare.
Recognizing that work is a priority under TANF , and building upon the successful Maine model, the Pathways to Self-Sufficiency Act requires that participants in post-secondary and vocational education also participate in work. During the first two years of their participation in these education programs, students must participate in a combination of class time, study time, employment or work experience for at least 24 hours per week, the same hourly requirement that the President proposes in his welfare reauthorization proposal.
During the second two years, for those enrolled in a four year program, the participant must work at least 15 hours in addition to class and study time, or engage in a combination of activities, including class and study
[Page: S4726] GPO's PDF
The bottom line is that if we expect parents to move from welfare to work and stay in the work force, we must give them the tools to find good jobs. For some people that means job training, for others that could mean dealing with a barrier like substance abuse or domestic violence, and for others, that might mean access to education that will secure them a good job and that will get them off and keep them off of welfare.
The experience of several Parents as Scholars graduates were recently captured in a publication published by the Maine Equal Justice Partners, and their experiences are testament to the fact that this program is a critically important step in moving towards self-sufficiency. In this report one PaS graduate said of her experience, ``If it weren't for `Parents as Scholars' I would never have been able to attend college, afford child care, or put food on the table. Today, I would most likely be stuck in a low-wage job I hated, barely getting by ..... I can now give my children the future they deserve.''
Another said, ``By earning my Bachelor's degree, I have become self sufficient. I was a waitress previously and would never have been able to support my daughter and I on the tips that I earned. I would encourage anyone to better their education if possible.''
These are but a few comments from those who have benefited from access to post-secondary education . And, while these women have been able to attend college and pursue good jobs thanks to the good will and the support of the people of Maine, PaS has strained the State's budget. Giving States the option to use Federal dollars to support these participants will make a tremendous difference in their ability to sustain these programs which have proven results. In Maine, nearly 90 percent of working graduates have left TANF permanently, and isn't that our ultimate goal?
I look forward to working with my colleagues to include this legislation in the upcoming welfare reauthorization. It is a critical piece of the effort to move people from welfare to work permanently and it has been missing from the Federal program for too long.
By Mr. MURKOWSKI (for himself and Mr. STEVENS):
S. 2553. A bill to amend the Alaska Native Claims Settlement Act to provide equitable treatment of Alaska Native Vietnam Veterans, and for other purposes; to the Committee on Energy and Natural Resources.
Mr. MURKOWSKI. Mr. President, I rise today to introduce legislation that will finally bring closure to the concerns of many Alaska Native veterans who served their country during the Vietnam war.
When the Alaska Native Claims Settlement Act, ANCSA, was signed into law by President Nixon in 1971, many Alaska Natives were serving in our military. Because of their service, many were unable to apply for Native land allotments under the Native Allotment Act, a program that was ended with the enactment of ANCSA. Alaska Natives who did not serve during the Vietnam conflict were able to apply for lands under the Native Allotment Act but those who did serve had little chance to apply under the circumstances.
I think everyone here will agree that allowing these veterans the same advantages as those who did not serve in the military during the Vietnam conflict is only fair. The main problem is that when we first addressed this inequity in 1998, the terms we set were so restrictive that presently only 60 out of a possible 1,110 veterans who could qualify even have the chance of receiving an allotment. That is a paltry 5 percent of all that could have otherwise qualified. This is simply not acceptable. My legislation addresses the restrictive terms we unknowingly set in the 1998 amendment in three ways: First, my legislation will expand the military service dates of the program so that they coincide with the official dates of the Vietnam conflict. We ought not to complicate matters by using any dates other than those that the Veteran's Administration has officially determined are within the Vietnam conflict era. Those dates are August 5, 1964 through May 7, 1975.
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